CWIP
Statutes and Executive Orders
JANUARY 1974
The United States
Environmental Protection Agency
RUSSELL E. TRAIN
Administrator
LANE REED WARD, J.D.
Deputy Executive Secretary
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IWIBOKJESTTAL PROTECTION AGENCY!
For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402. Price $11.50
Stock Number 5500-00122
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FOREWARD
"America's journey to environmental awareness has been a
relatively recent one. Not so many years ago Americans were
still living under the illusion that a land as vast as ours was
blessed with indestructible natural resources and beauty.
We continued the exploitation of those resources and scattered
unplanned communities across huge areas of open space. Large
amounts of fuel were needed for the autos that took us to work
from distant suburbs, and the air became laden with their dense
emissions. Pesticides were used indiscriminantly by persons
unaware of their effects on the food chain of plants and animals.
Our rivers became contaminated with waste from homes and
industries. Our landscape was marred by litter.
As the environmentalist movement gained impetus, attention
was focused on these matters. Rachael Carson's book, Silent
Spring, in 1962 awakened Americans to the hazards of
pesticides. The oil spills of the Torrey Canyon in 1967 and at
Santa Barbara, California in 1969 dramatized another
environmental hazard. The first Earth Day on April 20, 1970, a
coordinated program of teach-ins across the nation, helped to
focus Congressional attention on the strength of the
environmental movement.
Congress responded by approving the President's
Reorganization Plan No. 3 which expanded the federal
commitment to environmental concerns and consolidated 15
• r, Federal organizations under the Environmental Protection
;'' Agency.
. r At the same time, Congress began enacting far-reaching
v / legislation to provide EPA with specific authority for controlling
• ^ pollution. These measures included the Clean Air Amendments
in 1970, and the Federal Water Pollution Control Act
Amendments, Federal Environmental Pesticide Control Act, the
Noise Control Act, and the Marine Protection, Research and
Sanctuaries Act, all in 1972. Congress also passed the Resource
Recovery Act in 1970 and extended the Solid Waste Disposal Act
in 1973.
As the Agency began taking action under these laws,
Americans gradually realized that very real changes were
required in our accustomed ways of doing business. We realized
that our effort frequently conflicted with powerful and
legitimate interests in both the public and private sectors. Our
administrative, judicial and political processes now have the
task of resolving these conflicts. They must do so by weighing all
the interests which are affected in a sensitive and informed
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manner. Quick access to the legal dimensions of these problems
is essential if conflicts are to be efficiently and fairly resolved.
The work of the present day environmentalist is tless
glamorous than that of four or five years ago, but it is essential if
we are to face the continuing challenge of protecting our fragile
and perishable natural resources—and ultimately
ourselves—from destruction. I hope you will find this manual fl|
helpful as we strive to create a society where we can live and •§
work in harmony with the natural world surrounding us.
RUSSELL E.'TRAIN
Administrator
U.S. Environmental Protection Agency
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Preface
The U.S. Environmental Protection Agency was created by
Reorganization Plan No. 3 of 1970 and given the mission to
organize the fight against environmental pollution on an
integrated basis, which acknowledges the critical relationships
between pollutants, form of pollution, and control techniques.
This Reorganization Plan brought together four separate
agencies and one interagency council into a single organization
to combat pollution. By news release, the White House
announced that the U.S. Environmental Protection Agency
would consist of the following: The Federal Water Quality
Administration, from the Department of the Interior; the
National Air Pollution Control Administration, from the
Department of Health, Education, and Welfare; part of the
Environmental Control Administration (Bureau of Solid Waste
Management, Bureau of Water Hygiene, and a portion of the
Bureau of Radiological Health), also from DHEW; the Pesticides
Research and Standard Setting Program of the Food and Drug
Administration, DHEW; the Pesticides Registration authority
of the Department of Agriculture; authority to perform general
ecological research, from the Council on Environmental Quality;
certain pesticide research authority of the Department of the
Interior; the Environmental Radiation Protection Standard
Setting functions of the Atomic Energy Commission; and the
functions of the Federal Radiation Council. These components
were transferred to the Environmental Protection Agency,
which began its operations on December 2, 1970.
Most of the primary functions of the above named elements are
cited by statute, however, other secondary functions not
specifically mentioned were also transferred at the same time.
Reorganization Plan No. 3 of 1970 does not cite all statutory
functions that were transferred but makes reference to
particular functions without the citation being included. The
purpose of this Manual is to provide, for general reference uses
within the Agency, a research tool containing cited material
from the Reorganization Plan, the major current laws and most
of their secondary statutes. The Manual is designed in such a
manner that it is readily adaptable for updating which is
anticipated in January of each year.
LANE REED WARD, J.D.
Office of the Executive Secretariat
Office of the Administrator
U.S. Environmental Protection Agency
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ACKNOWLEDGEMENT
This manual is the product of the cooperative effort of many
persons, both within and outside of EPA. Our new Agency has
had to draw heavily on the library resources of several outside
Agencies, particularly the Departments of Justice and Interior.
To both, I would like to extend my sincere appreciation. Valuable
advice, support, and encouragement have been supplied within
the Agency, beginning with the Administrator, who initially
conceived the idea for this manual. I would like to take personal
note of the assistance given by Mr. Kirke Harper, Special
Assistant for Executive Communications and his office staff, Mr.
Alan Kirk, Deputy General Counsel and the Assistant General
Counsels, and Mr. Gary Baise, Assistant to the Administrator.
Not enough can be said about the patience and time given my
staff by Mr. Roland 0. Sorensen, Chief, Printing Management
Section, EPA and Mr. Rudolph Diamond, Printing Planner,
Typography and Design, GPO, in arranging the mechanical
details involved in printing this manual.
I have saved my last tribute for my staff who has been untiring
in its efforts. My warmest thanks goes to Mrs. Nellie Durant,
Mrs. Ruth Johnson, Mr. Wm. Lee Rawls, Mr. Lee DeHihns, Mr.
John Himmelberg, and Mr. Stan Miller. They have never spared
themselves throughout this entire project, and have gladly
given holidays and weekends without protest. To them I am ever
indebted.
LANE REED WARD, J.D.
Office of the Executive Secretariat
Office of the Administrator
U.S. Environmental Protection Agency
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INSTRUCTIONS FOR USE
As will be further explained in the paragraphs that follow,
these documents will be for the general use of personnel of the
U.S. Environmental Protection Agency in locating legal authority
under which EPA operates. This work is not intended and should
not be used for legal citations or any use other than as reference
of a general nature. The author disclaims all responsibility for
liabilities growing out of the use of these materials contrary to
their intended purpose.
The goal of this text is to create a working manual of the EPA
Current Laws that may be expanded as necessary and updated
periodically. Quick reference is available through the tabbed index
system and amended laws or additional statutes and executive
orders can be readily inserted within the system.
EPA Current Laws consist of the Statutes and Executive Or-
• ders that are directly related to the Agency. These laws are di-
vided into the following seven chapters:
1. GENERAL
2. Air
3. Water
4. Solid Waste
5. Pesticides
6. Radiation
7. Noise
[NOTE: At a future time, an additional chapter called Inter-
national will be added to this manual.]
Each of these chapters contains the laws pertaining to its particu-
lar area of pollution.
The chapter labeled General contains the laws that apply to
more than one area of pollution, such as the National Environ-
mental Policy Act of 1969. Acts that appear in General are found
there in full text. When they later appear under a particular area
of pollution, a cross reference is made back to General for the text.
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Secondary Statutes
Many statutes make reference to other laws and rather than
having this manual serve only for major statutes, these secondary
statutes have been included, where practical. These secondary
statutes are indicated in the index of each chapter by a bracketed
cite to the particular section of the major Act which made the
reference.
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Index
The index to each chapter is located behind the tab naming
the chapter, example: Air index is located at the tab labeled
"Air." This index contains the statutes and executive orders for
that chapter. The tab following the chapter name is one labeled
"Statutes." Behind the statute tab will be the index for just the
statutes on that chapter. Following the numbered tabs containing
the statutes is a tab labeled "Executive Orders." Here again, be-
hind the tab labeled Executive Orders is the index for the execu-
tive orders then the numbered tabs for the executive orders.
Therefore, if you desire to find the index for all of one chapter,
turn to the tab labeled for the name of the chapter. If you only
desire the statutes for that chapter, then you turn to the tab
labeled statutes. The same is true for executive orders.
Tabs
Each chapter name is indicated by a tab. Following the chapter
tab is one labeled "Statutes" which is proceeded by numbered tabs
all beginning at one-point, i.e., 1.1, 1.2, 1.3, etc. After the statu-
tory tabs, a tab labeled Executive Orders begins the executive
orders related to that chapter. The Executive Orders begin with
two-point, i.e., 2.1, 2.2, 2.3, etc. It must be noted that all chapters
do not contain executive orders, since none have been promulgated II
for the particular area. IB
Citations mm
The United States Code, being the official citation, is used B
throughout this manual. In four statutes, a parallel table to the
Statutes at Large is provided for your convenience. The parallel
table is found at the beginning of the following statutes: The
Clean Air Act (Air, 1.1) ; Federal Water Pollution Control Act
(Water, 1.2) ; Federal Insecticide, Fungicide, and Rodenticide Act
(Pesticides, 1.1) ; and the Federal Food, Drug, and Cosmetic Act
(Pesticides, 1.2).
Updating H
Periodically, a set of updated material will be sent to the intera-
gency distribution list with instructions for inserting.
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CONTENTS
EPA CURRENT LAWS—GENERAL
1. Statutes
1.1 Reorganization Plan No. 3 of 1970, 35 Fed. Reg. 15623 (1970), 5 U.S.C.
Reorg. Plan of 1970 No. 3 (1970).
1.2 The National Environmental Policy Act of 1969, 42 U.S.C. §§4332 (2)(c),
4344(5) (1970).
1.3 Environmental Quality Improvement Act of 1970, April 3, 1970, P.L.
91-224, Title II, 42 U.S.C. §4371 et seq. (1970).
1.4 Amortization of Pollution Control Facilities, as amended, 26 U.S.C.
§169(a)—(c) (1969).
1.5 Department of Transportation Act, as amended, 49 U.S.C. §1653(f) (1968).
1.6 Federal Aid Highway Act, as amended, 23 U.S.C. §109(h), (i), (j) (1973).
1.7 Airport and Airways Development Act,49 U.S.C. i§1712(f),1716(c)(4),(e)
(1973).
1.8 Disaster Relief Act of 1970, 42 U.S.C. §4401 et seq. (1970).
1.9 Interest on Certain Government Obligations, as amended, 26 U.S.C.
§103(c)(4) (1971).
1.10 Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, 42 U.S.C. §4601 et seq. (1970).
1.11 Departmental Regulations, 5 U.S.C. §301, as revised (1966).
2. Executive Orders
2.1 E.O. 11472, Establishing the Environmental Quality Council and the
Citizens Advisory Committee on Environmental Quality, May 29, 1969,
35 Fed. Reg. 8693 (1969).
2.2 E.O. 11490, Emergency Preparedness Functions of Federal Departments
and Agencies, October 28, 1969, as amended, 35 Fed. Reg. 14193 (1970).
2.3 E.O. 11507, Prevention, Control, and Abatement of Air and Water
Pollution at Federal Facilities, February 4,1970,35 Fed. Reg. 2573 (1970).
2.4 E.O. 11514, Protection and Enhancement of Environmental Quality,
March 5, 1970, 35 Fed. Reg. 4247 (1970).
2.5 E.O. 11749, Consolidation of Functions Assigned the Secretary of HUD,
Dec. 10, 1973, 38 Fed. Reg. 34177 (1973) superceeding E.O. 11575,
Administration of the Disaster Relief Act of 1970 as amended by E.O.
1166z.
2.6 E.O. 11587, Placing Certain Positions in Levels IV and V of the Federal
Executive Salary Schedule, March 15, 1971, 36 Fed. Reg. 475 (1971).
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2.7 E.G. 11628, Establishing Seal for the Environmental Protection Agency,
36 Fed. Reg. 20285 (1971).
2.8 E.G. 11222, Standards of Ethical Conduct for Government Officers and
Employees, May 8, 1965, 30 Fed. Reg. 6469 (1965).
2.9 E.G. 11667, Establishing the President's Advisory Committee on the
Environment Merit Award Program, April 20, 1972, 37 Fed. Reg. 7763
(1972).
2.10 E.G. 11647, Federal Regional Councils, February 10, 1972, 37 Fed. Reg.
3167, as amended by E.G. 11731, July 23,1973, 38 Fed. Reg. 19903 (1973).
2.11 E.G. 11742, Delegating to the Secretary of State Certain Functions with
Respect to the Negotiation of International Agreements Relating to the
Enhancement of the Environment, October 25, 1973, 38 Fed. Reg. 20057
(1973).
2.12 E.G. 11743, Modifying Proclamation No. 3279, as amended, with Respect
to the Oil Policy Committee, October 25, 1973, 38 Fed. Reg. 29459 (1973).
2.13 E.O. 11752, Prevention, Control, and Abatement of Environmental
Pollution at Federal Facilities, December 19, 1973, 38 Fed. Reg. 34793
(1973).
EPA CURRENT LAWS—AIR
1. Statutes
1.1 The Clean Air Act, as amended, 42 U.S.C. §1857 et seq. (1973).
1.2 Public Contracts, Advertisements for Proposals for Purchases and
Contracts for Supplies or Services for Government Departments;
Application to Government Sales and Contracts to sell and to
Government Corporations, as amended, 41 U.S.C. §5 (1958).
[Referred to in 42 U.S.C. §1857b— l(a)(2)(D)]
1.3 Advances of Public Moneys, Prohibition Against, as revised 31 U.S.C.
§529 (1946).
[Referred to in 42 U.S.C §1857b— l(a)(2)(D)]
1.4 Contracts: Acquisition, Construction or Furnishing of Test Facilities
and Equipment, as amended, 10 U.S.C. §2353 (1956).
[Referred to in 42 U.S.C §1857b— l(a)(2)(D)]
1.5 Record on Review and Enforcement of Agency Orders, as amended, 28
U.S.C. §2112 (1956).
[Referred to in 42 U.S.C. §§1857c— 5(fX2)(B), 1857f— 5(b)(2)(B)(ii)]
1.6 Disclosure of Confidential Information Generally, as amended, 18 U.S.C.
§1905 (1948).
[Referred to in 42 U.S.C. §§1857c— 9(c), 1857d(j)(l), 1857f— 6(b),
1857h— 5
1.7 Per Diem, Travel and Transportation Expenses; Experts and
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Consultants; Individuals Serving Without Pay, as amended, 5 U.S.C.
§5703 (1969).
[Referred to in 42 U.S.C. §§1857d(i), 1857e(e) 1857f—6e(b)(2)]
ITS Highway Safety Act of 1966, as amended, 23 U.S.C. §402 (1973).
[Referred to in 42 U.S.C. §1857f—6b(2)]
1.9 Federal Salary Act, as amended, 5 U.S.C. §§5305, 5332 (1970).
[Referred to in 42 U.S.C. §1857f—6e(b)(3)(A)]
1.10 The Federal Aviation Act of 1958, as amended, 49 U.S.C. §§1301—1441
(1972).
[Referred to in 42 U.S.C. §§1857f— 10(a), (b), 1857f—12]
1.11 Department of Transportation Act, as amended, 49 U.S.C. §1653(f) (1968).
[Referred to in 42 U.S.C. §1857f—10(b)]
1.12 The National Environmental Policy Act of 1969, 42 U.S.C. §4332 (2)(c)
(1970).
[Referred to in 42 U.S.C. §1857h—7(a)]
1.13 The Public Health Service Act, as amended, 42 U.S.C. §§241, 243, 246
(1973).
[Referred to in 42 U.S.C. §1857i(b)]
1.14 The Davis-Bacon Act, as amended, 40 U.S.C. §§276a-276a—5 (1964).
[Referred to in 42 U.S.C. §1857j—3]
1.15 Reorganization Plan No. 14 of 1950, 64 Stat. 1267 (1950).
[Referred to in 42 U.S.C. §1857j—3]
1.16 Regulations Governing Contractors and Subcontractors, as amended, 40
U.S.C. §276c (1958).
[Referred to in 42 U.S.C. §1857j—31
1.17 Federal Aid Highway Act, as amended, 23 U.S.C. §109(h),(j) (1970).
1.18 Airport and Airways Development Act, as amended, 49 U.S.C. §§1712(f),
1716(c)(4), (e) (1970).
1.19 Amortization of Pollution Control Facilities, as amended, 26 U.S.C.
§169(d)(l)(B), (3) (1969).
1.20 Interest on Certain Government Obligations, as amended, 26 U.S.C. §103
(1969).
1.21 Motor Vehicle Information and Cost Saving Act, 15 U.S.C. §1961—1964
(1972).
2. Executive Orders
2.1 E.O. 11507, Prevention, Control and Abatement of Air and Water
Pollution at Federal Facilities, February 5,1970,35 Fed. Reg. 2573 (1970).
2.2 E.O. 11523, National Industrial Pollution Control Council, April 9, 1970,
35 Fed. Reg. 5993 (1970).
2.3 E.O. 11587, Placing Certain Positions in Levels IV and V of the Federal
Executive Salary Schedule, March 15, 1971, 36 Fed. Reg. 475 (1971).
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2.4 E.G. 11738, Providing for Administration of the Clean Air Act and-the
Federal Water Pollution Control Act with Respect to Federal Contracts,
Grants, or Loans, September 12, 1973, 38 Fed. Reg. 25161 (1973).
EPA CURRENT LAWS—WATER
1. Statutes
1.1 River and Harbor Act of 1899, 33 U.S.C. §§403, 407, 411 (1899).
[Referred to in 33 U.S.C §§1342, 1369]
1.2 Federal Water Pollution Control Act, as amended, 33 U.S.C. §§1251 et seq.
(1973).
1.3 Pollution of the Sea by Oil, as amended, 33 U.S.C. §§1001 et seq. (1973).
[Referred to in 33 U.S.C. §1321(b)]
1.4 Advances of Public Moneys, Prohibition Against, as revised, 31 U.S.C.
§529 (1946).
[Referred to in 33 U.S.C. §1254(b)(4)J
1.5 Public Contracts, Advertisements for Proposals for Purchases and
Contracts for Supplies or Services for Government Departments;
Application to Government Sales and Contracts to Sell and to
Government Corporations, as amended, 41 U.S.C §5 (1958).
[Referred to in 33 U.S.C. §1254(b)(4)]
1.6 Courts of Appeals, Certiorari; Appeal; Certified Questions, as amended,
28 U.S.C. §1254 (1948).
[Referred to in 33 U.S.C. §1356]
1.7 Davis-Bacon Act, as amended, 40 U.S.C §§276a-276a—5 (1964).
[Referred to in 33 U.S.C §1373]
1.8 Per Diem, Travel and Transportation Expenses; Experts and
Consultants; Individuals Serving Without Pay, as amended, 5 U.S.C.
§5703 (1966).
[Referred to in 33 U.S.C. §§1320(d), 1325(f), 1365, 1375]
1.9 1909 Boundary Waters Treaty Between Canada and the United States,
and the Water Utilization Treaty of 1944 Between Mexico and the United
States, 36 Stat. 2448 (1909), 36 Stat. 1219 (1944).
[Referred to in 33 U.S.C. §1320(a)]
1.10 Disclosure of Confidential Information Generally, as amended, 18 U.S.C.
§1905 (1948).
[Referred to in 33 U.S.C. §§1320(d), 1322(g), 1369]
1.11 Convention of the Territorial Sea and the Contiguous Zone, Article
XXIV, 15 U.S.T. §§1612, 1613 (1958).
[Referred to in 33 U.S.C. §§1321(a), 1362]
1.12 International Convention for the Prevention of Pollution of the Sea by
Oil, 1954, Article IV, as amended, 17 U.S.T. §1528— (1954).
[Referred to in 33 U.S.C. §1321(b)]
1.13 Granting Clearances, as amended. 46 U.S.C. §91 (1954).
[Referred to in 33 U.S.C. §1321(b)(6), (p)(5)]
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J.14 Outer Continental Shelf Lands Act, as amended, 43 U.S.C. §1331 et seq.
(1953).
[Referred to in 33 U.S.C. §1321(i)(2)]
4.15 Administrative Procedure Act, as amended, 5 U.S.C. §§551—559,
701—705 (1968).
[Referred to in 33 U.S.C. §§1322(e), 1365, 1367]
1.16 Higher Education General Provisions, Definitions, as amended, 20 U.S.C.
§1141 (1970).
[Referred to in 33 U.S.C. §1262(a)]
1.17 National Environmental Policy Act of 1969, 42 U.S.C. §4321 et seq. (1970).
1.18 Public Health Service Act, as amended, 42 U.S.C. §§241, 243, 246 (1973).
1.19 The Water Resources Planning Act, as amended, 42 U.S.C. §1962 et seq.
(1973).
[Referred to in 33 U.S.C. §1289]
1.20 Appalachian Regional Development Act of 1965, as amended, 40 U.S.C.
§403 (1971).
[Referred to in 33 U.S.C. §1257(b)]
1.21 The Disaster Relief Act, 42 U.S.C. §4401 et seq. (1970).
1.22 Department of Transportation Act, 49 U.S.C. §1653(f) (1968).
1.23 Federal Aid Highway Act, as amended, 23 U.S.C. §109(h) (1970).
1.24 Amortization of Pollution Control Facilities, as amended, 26 U.S.C.
§169(d)(l)(B), (3) (1969).
[Referred to in 33 U.S.C. §§1316(d), 1326]
1.25 Airport and Airways Development Act, 49 U.S.C. §§1712(f), 1716(c)(4), (e)
(1970).
1.26 Interest on Certain Government Obligations, as amended, 26 U.S.C. §103
(1969).
1.27 Fish and Wildlife Coordination Act, as amended, 16 U.S.C. §§661—666c
(1965).
1.28 Public Works and Economic Development Act of 1965, 42 U.S.C. §3136
(1965).
1.29 Rivers and Harbor Act of 1910, 33 U.S.C. §421 (1910).
[Referred to in 33 U.S.C. §1371(b)]
1.30 Supervisory Harbors Act of 1888, as amended, 33 U.S.C. §§441—451b
(1958).
[Referred to in 33 U.S.C. §1371]
1.31 Watershed Protection and Flood Prevention Act, as amended, 16 U.S.C.
§1005(4) (1972).
1.32 Reefs for Marine Life Conservation, 16 U.S.C. §1220 (1972).
1.33 Coastal Zone Management Act of 1972, 16 U.S.C. §1451 et seq. (1972).
1.34 Marine Protection, Research and Sanctuaries Act, 33 U.S.C. §1401 et seq.
(1972).
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2. Executive Orders
2.1 E.0.11490, Assigning of Emergency Preparedness Functions to Federal
Departments and Agencies, October 30, 1969, 34 Fed. Reg. 17567 (1969).
2.2 E.O. 11507, Prevention, Control, and Abatement of Air and Water
Pollution at Federal Facilities, February 5,1970,35 Fed. Reg. 2573 (1970).
2.3 E.O. 11514, Protection and Enhancement of the Environment, March 5,
1970, 35 Fed. Reg. 4247 (1970).
2.4 E.O. 11548, Delegative Functions of the President Under the Federal
Water Pollution Control Act, as amended, July 20, 1970, 35 Fed. Reg.
11677 (1970).
2.5 E.O. 11574, Administration of the Refuse Act Permit Programs,
December 23, 1970, 35 Fed. Reg. 19627 (1970).
2.6 E.O. 11575, Administration of the Disaster Relief Act of 1970, December
31, 1970, 36 Fed. Reg. 37 (1970).
2.7 E.O. 11578, Ohio River Basin Commission, January 13,1971,36 Fed. Reg.
683 (1971).
2.8 E.O. 11613, Membership of Environmental Protection Agency on
Established River Basin Commissions, August 2,1971,36 Fed. Reg. 14299
(1971).
2.9 E.O. 11331, Establishment of the Pacific Northwest River Basins
Commission, March 6,1967,32 Fed. Reg. 3875, as amended by E.O. 11613,
Aug. 2, 1971, 36 Fed. Reg. 14299 (1971).
2.10 E.O. 11345, Establishment of the Great Lakes Basin Commission, April
20,1967,32 Fed. Reg. 6329, as amended by E.O. 11613, Aug. 2,1971,36 Fed.
Reg. 14299; E.O. 11646, Feb. 8, 1972, 37 Fed. Reg. 2925-(1972).
2.11 E.O. 11359, Establishment of the Souris-Red-Rainy River Basins
Commission, June 20,1967, 32 Fed. Reg. 8851, as amended by E.O. 11613,
Aug. 2, 1971, 36 Fed. Reg. 14299; E.O. 11635, Dec. 9, 1971, 36 Fed. Reg.
23615 (1971).
2.12 E.O. 11371, Establishment of the New England River Basins
Commission, September 6, 1967, 32 Fed. Reg. 12903, as amended by E.O.
11528, Apr. 24, 1970, 35 Fed. Reg. 6695; E.O. 11613, Aug. 2, 1971, 36 Fed.
Reg. 14299 (1971).
2.13 E.O. 11658, Establishment of the Missouri River Basin Commission,
March 22, 1972, 37 Fed. Reg. 6045.
2.14 E.O. 11659, Establishment of the Upper Mississippi River Basin
Commission, March 22, 1972, 37 Fed. Reg. 6047.
2.15 E.O. 11659, Change in Boundaries of New England River Basins
Commission, March 14, 1973, 38 Fed. Reg. 6877 (1973).
2.16 E.O. 11735, Assignment of Functions Under Section 311 of the Federal
Water Pollution Control Act, as amended August 7, 1973, 38 Fed. Reg.
21243 (1973).
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2..17 E.G. 11737, Enlargement of the Upper Mississippi River Basin
Commission, September 11, 1973, 38 Fed. Reg. 24883 (1973).
2.18 E.G. 11738, Providing for Administration of the Clean Air Act and the
Federal Water Pollution Control Act with Respect to Federal Contracts,
Grants, or Loans, September 12, 1973, 38 Fed. Reg. 25161 (1973).
2.19 E.G. 11742, Delegating to the Secretary of State Certain Functions with
Respect to the Negotiation of International Agreements Relating to the
Enhancement of the Environment, October 25, 1973, 38 Fed. Reg. 29457
(1973).
2.20 E.G. 11747, Delegating Certain Authority of the President Under the
Water Resources Planning Act, as amended, November 9, 1973, 38 Fed.
Reg. 30993 (1973).
EPA CURRENT LAWS—SOLID WASTE
1. Statutes
1.1 The Solid Waste Disposal Act, as amended, 42 U.S.C. §3251 et seq. (1973).
1.2 Contracts: Acquisition, Construction or Furnishing of Test Facilities
and Equipment, as amended, 10 U.S.C. §2353 (1956).
[Referred to in 42 U.S.C. §3253 (b)(3)]
1.3 Housing Act of 1954, as amended, 40 U.S.C. §461 (1970).
[Referred to in 42 U.S.C. §§3254a(a)(a), 3254a(c)]
1.4 Definition of Executive Agency, 5 U.S.C §105 (1966).
[Referred to in 42 U.S.C. §3254e(a)(l)]
1.5 Davis-Bacon Act, as amended, 40 U.S.C. §§276a-276a—5 (1964).
[Referred to in 42 U.S.C. §3256]
1.6 Reorganization Plan No. 14 of 1950, 64 Stat. 1267 (1950).
[Referred to in 42 U.S.C. §3256]
1.7 Regulations Governing Contractors and Subcontractors, as amended, 40
U.S.C. §276c (1958).
[Referred to in 42 U.S.C. §3256]
1.8 Amortization of Pollution Control Facilities, as amended, 26 U.S.C. §169
(1969).
1.9 Interest on Certain Government Obligations, as amended, 26 U.S.C. §103
(1969).
2. Executive Orders
[RESERVED]
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EPA CURRENT LAWS—PESTICIDES
1. Statutes
1.1 The Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7
U.S.C. §§135—135k, 136—136y (1972).
1.2 The Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. §§346,
346a, 348 (1972).
1.3 Studies of Effects in Use of Chemicals, as amended, 16 U.S.C. §742d—1
(1968).
1.4 The Public Health Service Act, as amended, 42 U.S.C. §§241, 243,246, 264
(1973).
1.5 Special Packaging of Household Substances for Protection of Children,
15 U.S.C. §1471 et seq. (1970).
1.6 Hearings; Presiding Employees; Powers and Duties; Burden of Proof;
Evidence; Record as a Basis of Decisions, 5 U.S.C. §556(c) (1966).
1.7 Record on Review and Enforcement of Agency Orders, as amended, 28
U.S.C. §2112 (1966).
[Referred to in 7 U.S.C. §135b(d), 21 U.S.C. §§346a(i)(2), (3), 348(g)(2), 15
U.S.C. §1474(b)(5)]
1.8 Courts of Appeals; Certiorari; Appeal; Certified Questions, as amended,
28 U.S.C. §1254 (1948).
[Referred to in 7 U.S.C. §135b(d), 21 U.S.C. §§346a(i)(5), 348(g)(5), 15
U.S.C. §1474(b)(5)]
1.9 Adulterated Pood, as amended, 21 U.S.C. §342(a) (1968).
[Referred to in 21 U.S.C. §§346, 346(a), 348(a)(2)]
1.10 Listings and Certification of Color Additives for Food, Drugs, and
Cosmetics—Unsafe. Color Additives, as amended, 21 U.S.C. §376(b)(5)(D)
(1970).
[Referred to in 21 U.S.C. §346a(g)]
1.11 Regulations and Hearings—Authority to Promulgate Regulations, 21
U.S.C. §371 (1960).
[Referred to in 21 U.S.C §346a(k), 15 U.S.C. §1474(a)j
1.12 Penalties—Violation of Section 331 of this Title, 21 U.S.C. §333(c) (1970).
[Referred to in 21 U.S.C. §346a(n)]
1.13 Research and Development Act, Contracts, as amended, 10 U.S.C. §§2353,
2354 (1965).
[Referred to in 42 U.S.C. §241(h)]
1.14 Rule Making, Administrative Procedure, as revised, 5 U.S.C. §553 (1966).
[Referred to in 15 U.S.C. §1474(a), (b)]
1.15 Judicial Review, Relief Pending Review, Scope, as revised, 5 U.S.C. §§705,
706(2)(A), (B), (C), (D), (1966).
[Referred to in 15 U.S.C. §1474(b)(3), (4)]
1.16 Per Diem, Travel and Transportation Expenses; Experts and
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Consultants; Individuals Serving Without Pay, as amended, 5 U.S.C.
§5703 (1966).
[Referred to in 15 U.S.C. §1475(b)]
1.17 Federal Water Pollution Control Act, as amended, 33 U.S.C. §1254(0
(1972).
1.18 Interest on Certain Government Obligations, as amended, 16 U.S.C. §103
(1969).
1.19 Amortization of Pollution Control Facilities, as amended, 26 U.S.C. §169
(1969).
2. Executive Orders
2.1 E.0.11643, Environmental Safeguards on Activities for Animal Damage
Control on Federal Lands, February 9, 1972, 37 Fed. Reg. 2875 (1972).
EPA CURRENT LAWS—RADIATION
1. Statutes
1.1 1954 Atomic Energy Act, as amended, 42 U.S.C. §§2013(d), 2021, 2051,
2073(b), (e), 2092, 2093, 2099, 2111, 2112, 2132, 2133, 2134, 2139, 2153, 2202,
2210 (1970).
1.2 Public Health Service Act, as amended, 42 U.S.C. §§203, 215, 241, 242(b),
(c), (d), (f), (i), (j), 243, 244, 244a, 245, 246, 247 (1973).
1.3 Public Contracts, Advertisements for Proposals for Purchases and
Contracts for Supplies or Services for Government Departments;
Application to Government Sales and Contracts to sell and to
Government Corporations, as amended, 41 U.S.C. §5 (1958).
[Referred to in 42 U.S.C. §242c(e)]
1.4 Research and Development Act, Contracts, as amended, 10 U.S.C. §§2353,
2354 (1956).
[Referred to in 42 U.S.C. §241(h)]
1.5 International Health Research Act, 22 U.S.C. §2101 (1960).
[Referred to in 42 U.S.C. §242f(a)]
1.6 Per Diem, Travel and Transportation Expenses; Experts and
Consultants; Individuals Serving Without Pay, as amended, 5 U.S.C.
§5703 (1966).
[Referred to in 42 U.S.C §242f(b)(5), (6)]
1.7 The Solid Waste Disposal Act, as amended, 42 U.S.C. §3254(f) (1970).
1.8 National Environmental Policy Act, 42 U.S.C. §§4332(2)(c), 4344(5) (1970).
2. Executive Orders
2.1 E.O. 10831, Establishment of the Federal Radiation Council, August 14,
1959, 24 Fed. Reg. 6669 (1959).
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EPA CURRENT LAWS—NOISE
1. Statutes
1.1 The Noise Pollution and Abatement Act of 1970, 42 U.S.C. §1858 et-seq.
(1970).
1.2 The Airport and Airways Development Act of 1970, 49 U.S.C. §§1712(f),
1716(c)(4), (e) (1970).
1.3 Federal Aid Highway Act, as amended, 23 U.S.C. §109(h), (i) (1970).
1.4 The Noise Control Act of 1972, 42 U.S.C. §4001 et seq. (1972).
2. Executive Orders
[RESERVED]
EPA CURRENT LAWS—INTERNATIONAL
1. Statutes
1.1 The National Environmental Policy Act of 1969, 42 U.S.C. §4332(2)(E)
(1970).
1.2 Agricultural Trade Development and Assistance Act of 1954, as
amended, 7 U.S.C. §§1704, 1705 (1968).
1.3 Utilization of Foreign Credits Authorized in General Appropriation
Acts, 31 U.S.C. §724 (1952).
[Referred to in 7 U.S.C. §1704, 22 U.S.C. §1754(a), (b)]
1.4 Agricultural Act of 1949, as amended, 7 U.S.C. §§1427, 1431 (1970).
[Referred to in 7 U.S.C. §1705]
1.5 The Foreign Assistance Act of 1961, as amended, 22 U.S.C. §2362 (1969).
1.6 Mutual Education and Cultural Exchange Act of 1961, as amended, 22
U.S.C. §2455(d) (1966).
[Referred to in 22 U.S.C. §2362]
1.7 Mutual Security Act of 1954, as amended, 22 U.S.C. §§1754, 1922 (1964).
1.8 International Health Research Act of 1960,22 U.S.C. §2101 et seq. (1960).
1.9 Per Diem, Travel and Transportation Expenses; Experts and
Consultants; Individuals Serving Without Pay, as amended, 5 U.S.C.
§5703 (1969).
[Referred to in 22 U.S.C. §2102(b)(5), (6)]
1.10 Employment of Experts and Consultants; Temporary or Intermittent, 5
U.S.C. §3109 (1966).
[Referred to in 22 U.S.C. §2102(b)(6)]
1.11 The Clean Air Act, as amended, 42 U.S.C. §§1857a(c);
1857b;1857b-l;1857c(a); 1857d(a), (c), (d), (e), (f), (g), (1), (h), (j), (k); 1857f-2;
1857-5; 1857f-5a; 1857f-6; 1857f-7; 1857f-9 (1970).
1.12 Public Contracts, Advertisements for Proposals for Purchases and
Contracts for Supplies or Services for Government Department;
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Application to Government Sales and Contracts to Sell and to
Government Corporations, as amended, 41 U.S.C. §5 (1958).
[Referred to in 42 U.S.C. §1857b-l(a)(2)(D), 22 U.S.C. §2103 (c)(2), 33
U.S.C. §1155(g)(3)(A)]
1.13 Advances of Public Moneys, Prohibition Against, as revised 31 U.S.C.
§529 (1946).
[Referred to in 42 U.S.C. §1857b-l(a)(2)(D), 22 U.S.C. §2103 (c)(2), 33
U.S.C. §1155(g)(3)(A)J
1.14 Contracts: Acquisition, Construction, or Furnishing of Test Facilities
and Equipment, as amended, 10 U.S.C. §2353 (1956).
[Referred to in 42 U.S.C. §1857b-l(a)(2)(D), 42 U.S.C. §3253(b)(3)]
1.15 Record on Review and Enforcement of Agency Orders, as amended, 28
U.S.C. §2112 (1966).
[Referred to in 42 U.S.C. §1857-5(b)(2)(B)(ii), 7 U.S.C. §135b(d), 21 U.S.C.
§§346a(i)(2)(3), 348(g)(2)]
1.16 Disclosure of Confidential Information, Generally, as amended, 18 U.S.C.
§1905 (1948).
[Referred to in 42 U.S.C. §§1857d(j)(l), 1857f-6(b), 33 U.S.C. §§1160(f)(2),
1.17 Federal Water Pollution Control Act, as amended, 33 U.S.C. §§1153(c);
1154; 1155(a), (f), (g), (h), (i), (j), (k), (/), (m); 1156(b), (d), (e)(3); 1160(a),
(d)(2)(3)(4), (e), (f), (k); 1161(a), (b), (c)(l), (d), (f)(l), (g), (h), (i), (j), (m), (n), (o),
(p); 1162; 1163(a), (b), (c), (e), (f), (g), (h), (i), (j), (m); 1166; 1167; 1168.
1.18 1909 Boundary Waters Treaty Between Canada and the United States,
36 Statute 2448 (1909).
[Referred to in 33 U.S.C. §1160(d)(2)]
1.19 Water Utilization Treaty of 1944 between Mexico and the United States,
59 Stat. 1219 (1944).
[Referred to in 33 U.S.C. §1160(d)(2)]
1.20 Convention on the Territorial Sea and the Contiguous Zone, Article
XXIV, 15 U.S.T. 1612, 1613 (1958).
[Referred to in 33 U.S.C. §1161(a)(9)]
1.21 International Convention for the Prevention of Pollution of the Sea by
Oil, Article IV, as amended, 17 U.S.T. 1528 (1954).
[Referred to in 33 U.S.C. §1161(b)(2)(A)]
1.22 Granting Clearances, as amended, 46 U.S.C. §91 (1954).
[Referred to in 33 U.S.C. §1161(b)(5)]
1.23 Outer Continental Shelf Lands Act, as amended, 43 U.S.C. §1331 et seq.
(1953).
[Referred to in 33 U.S.C. §1161(i)(2)]
1.24 Administrative Procedure Act, as amended, 5 U.S.C. §§551-559, 701-706
(1968).
[Referred to in 33 U.S.C. §§1162(b), 1163(e), 7 U.S.C. §135b(c)]
1.25 Pollution of the Sea by Oil, as amended, 33 U.S.C. §1001 et seq. (1966).
1.26 The Public Health Service Act, as amended, 42 U.S.C. §§241, 264 (1970).
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1.27 The Solid Waste Disposal Act, as amended, 42 U.S.C. §§3253, 3254d, 3258
(1970).
1.28 The Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7
U.S.C. §135-135h (1970).
1.29 The Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. §§346,
346a 348 (1970).
1.30 Courts of Appeals; Certiorari; Appeal; Certified Questions, as amended,
28 U.S.C. §1254 (1948).
[Referred to in 7 U.S.C. §135b(d), 21 U.S.C. §§346a(i)(5), 348(g)(5)J
1.31 Adulterated Food, as amended, 21 U.S.C. §342(a) (1968).
[Referred to in 21 U.S.C. §§346, 346a(a), 348(a)(2)]
1.32 Listing and Certification of Color Additives for Food, Drugs, and
Cosmetics—Unsafe Color Additives, as amended, 21 U.S.C. §376(b)(5)(D)
(1970).
[Referred to in 21 U.S.C. §346a(g)]
1.33 Regulations and Hearings—Authority to Promulgate Regulations, 21
U.S.C. §371 (1960).
[Referred to in 21 U.S.C. §346(a)(k)]
1.34 Penalties—Violation of Section 331 of this Title, 21 U.S.C §333(c) (1970).
[Referred to in 21 U.S.C. §346a(n)]
1.35 Research and Development Act, Contracts, as amended, 10 U.S.C. §§2353,
2354 (1956).
[Referred to in 42 U.S.C. §241(h)]
2. Executive Orders
2.1 E.G. 11507, Prevention, Control, and Abatement of Air and Water
Pollution at Federal Facilities, February 4,1970,35 Fed. Reg. 2573 (1970).
2.2 E.G. 11514, Protection and Enhancement of Environmental Quality,
March 5, 1970, 35 Fed. Reg. 4247 (1970).
2.3 E.G. 11548, Delegating Functions of the President under the Federal
Water Pollution Control Act, as amended, July 20, 1970, 35 Fed. Reg.
11677 (1970).
2.4 E.G. 11613, Membership of Environmental Protection Agency on
Established River Basin Commissions, August 2,1971,36 Fed. Reg. 14299
(1971).
2.5 E.G. 1131, Establishment of the Pacific Northwest River Basins
Commission, March 6, 1967, 32 Fed. Reg. 3875 (1967).
2.6 E.G. 11345, Establishment of the Great Lakes Basin Commission, April
20, 1967, 32 Fed. Reg. 6329 (1967).
2.7 E.G. 11359, Establishment of the Souris-Red-Rainy River Basins
Commission, June 20, 1967, 32 Fed. Reg. 8851 (1967).
2.8 E.G. 11371, Establishment of the New England River Basins
Commission, September 6, 1967, 32 Fed. Reg. 12903 (1967).
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EPA CURRENT LAWS—GENERAL
Statutes
1.1 Reorganization Plan No. 3 of 1970, 35 Fed. Reg. 15623 (1970), 5 U.S.C.
Reorg. Plan of 1970 No. 3 (1970).
1.2 The National Environmental Policy Act of 1969, 42 U.S.C. §§4332(2)(c),
4344(5) (1970).
1.3 Environmental Quality Improvement Act of 1970, April 3, 1970, P.L.
91-224, Title II, 42 U.S.C. §4371 et seq. (1970).
1.4 Amortization of Pollution Control Facilities, as amended, 26 U.S.C.
§169(a)—(c) (1969).
1.5 Department of Transportation Act, as amended, 49 U.S.C. §1653(0 (1968).
1.6 Federal Aid Highway Act, as amended, 23 U.S.C. §109(h), (i), (j) (1973).
1.7 Airport and Airways Development Act, 49 U.S.C. §§1712(f), 1716 (c)(4), (e)
(1973).
1.8 Disaster Relief Act of 1970, 42 U.S.C. §4401 et seq. (1970).
1.9 Interest on Certain Government Obligations, as amended, 26 U.S.C.
§103(c)(4) (1971).
1.10 Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, 42 U.S.C. §4601 et seq. (1970).
1.11 Departmental Regulations 5 U.S.C. §301, as revised (1966).
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EPA CURRENT LAWS—GENERAL
1. Statutes
1.1 Reorganization Plan No. 3 of 1970, 35 Fed. Reg. 15623 (1970), 5 U.S.C.
Reorg. Plan of 1970 No. 3 (1970).
1.2 The National Environmental Policy Act of 1969, 42 U.S.C. §§4332(2)(c),
4344(5) (1970).
1.3 Environmental Quality Improvement Act of 1970, April 3, 1970, P.L.
91-224, Title II, 42 U.S.C. §4371 et seq. (1970).
1.4 Amortization of Pollution Control Facilities, as amended, 26 U.S.C.
§169(a)—(c) (1969).
1.5 Department of Transportation Act, as amended, 49 U.S.C. §1653(f) (1968).
1.6 Federal Aid Highway Act, as amended, 23 U.S.C. §109(h), (i), (j) (1973).
1.7 Airport and Airways Development Act, 49 U.S.C. §§1712(f), 1716(c)(4), (e)
(1973).
1.8 Disaster Relief Act of 1970, 42 U.S.C. §4401 et seq. (1970).
1.9 Interest on Certain Government Obligations, as amended, 26 U.S.C.
§103(c)(4) (1971).
1.10 Uniform Relocation Assistance and Real Property Acquisition Policies
Act of 1970, 42 U.S.C. §4601 et seq. (1970).
1.11 Departmental Regulations, 5 U.S.C. §301, as revised (1966).
2, Executive Orders
2.1 E.O. 11472, Establishing the Environmental Quality Council and the
Citizens Advisory Committee on Environmental Quality, May, 29, 1969,
35 Fed. Reg. 8693 (1969).
2.2 E.O. 11490, Emergency Preparedness Functions of Federal Departments
and Agencies, October 28, 1969, as amended, 35 Fed. Reg. 14193 (1970).
2.3 E.O. 11507, Prevention, Control, and Abatement of Air and Water
Pollution at Federal Facilities, February 4,1970,35 Fed. Reg. 2573 (1970).
2.4 E.O. 11514, Protection and Enhancement of Environmental Quality,
March 5, 1970, 35 Fed. Reg. 4247 (1970).
2.5 E.O. 11749, Consolidation of Functions Assigned the Secretary of HUD,
December 10, 1973, 38 Fed. Reg. 34177 (1973) superseding E.O. 11575
Administration of Disaster Relief Act of 1970, as amended by E.O. 11662.
2.6 E.O. 11587, Placing Certain Positions in Levels IV and V of the Federal
Executive Salary Schedule, March 15, 1971, 36 Fed. Reg. 475 (1971).
2.7 E.O. 11628, Establishing Seal for the Environmental Protection Agency,
36 Fed. Reg. 20285 (1971).
2.8 E.O. 11222, Standards of Ethical Conduct for Government Officers and
Employees, May 8, 1965, 30 Fed. Reg. 6469 (1965).
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2.9 E.O. 11667, Establishing the President's Advisory Committee on the
Environment Merit Award Program, April 20, 1972, 37 Fed. Reg. 7763
(1972).
2.10 E.O. 11647, Federal Regional Councils, February 10, 1972, 37 Fed. Reg.
3167, as amended by E.O. 11731, July 23,1973, 38 Fed. Reg. 11903 (1973).
2.11 E.O. 11742, Delegating to the Secretary of State Certain Functions with
Respect to the Negotiation of International Agreements Relating to the
Enhancement of the Environment, October 25, 1973, 38 Fed. Reg. 29457
(1973).
2.12 E.O. 11743, Modifying Proclamation No. 3279 as amended, with Respect
to the Oil Policy Committee, October 25, 1973, 38 Fed. Reg. 29459 (1973).
2.13 E.O. 11752, Prevention, Control, and Abatement of Environmental
Pollution at Federal Facilities, December 19, 1973, 38 Fed. Reg. 34793
(1973).
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REORGANIZATION PLAN NO. 3 OF 1970
Prepared by the President and transmitted to the Senate and the
House of Representatives in Congress assembled, July 9, 1970,
pursuant to the provisions of chapter 9 of title 5 of the United
States Code
ENVIRONMENTAL PROTECTION AGENCY
Section 1. Establishment of Agency, (a) There is hereby estab-
lished the Environmental Protection Agency, hereinafter referred
to as the "Agency."
(b) There shall be at the head of the Agency the Administrator
of the Environmental Protection Agency, hereinafter referred to
as the "Administrator." The Administrator shall be appointed by
the President, by and with the advice and consent of the Senate,
and shall be compensated at the rate now or hereafter provided
for Level II of the Executive Schedule Pay Rates (5 U.S.C. 5313).
(c) There shall be in the Agency a Deputy Administrator of the
Environmental Protection Agency who shall be appointed by the
President, by and with the advice and consent of the Senate, and
shall be compensated at the rate now or hereafter provided for
Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314).
The Deputy Administrator shall perform such functions as the
Administrator shall from time to time assign or delegate, and
shall act as Administrator during the absence or disability of the
Administrator or in the event of a vacancy in the office of Admin-
istrator.
(d) There shall be in the Agency not to exceed five Assistant
Administrators of the Environmental Protection Agency who
shall be appointed by the President, by and with the advice and
consent of the Senate, and shall be compensated at the rate now or
hereafter provided for Level IV of the Executive Schedule Pay
Rates (5 U.S.C. 5315). Each Assistant Administrator shall per-
form such functions as the Administrator shall from time to time
assign or delegate.
Sec. 2. Transfers to Environmental Protection Agency, (a)
There are hereby transferred to the Administrator:
(1) All functions vested by law in the Secretary of the Interior
and the Department of the Interior which are administered
through the Federal Water Quality Administration, all functions
which were transferred to the Secretary of the Interior by Reorg-
anization Plan No. 2 of 1966 (80 Stat. 1608), and all functions
vested in the Secretary of the Interior or the Department of the
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Interior by the Federal Water Pollution Control Act or by provi- H
sions of law amendatory or supplementary thereof. •
(2) (i) The functions vested in the Secretary of the Interior by
the Act of August 1, 1958, 72 Stat. 479, 16 U.S.C. 742d-l (being
an Act relating to studies on the effects of insecticides, herbicides,
fungicides, and pesticides upon the fish and wildlife resources of
the United States), and (ii) the functions vested by law in the
Secretary of the Interior and the Department of the Interior
which are administered by the Gulf Breeze Biological Laboratory
of the Bureau of Commercial Fisheries at Gulf Breeze, Florida.
(3) The functions vested by law in the Secretary of Health, •
Education, and Welfare or in the Department of Health, Educa- •
tion, and Welfare which are administered through the Environ-
mental Health Service, including the functions exercised by the mm
following components thereof: •
(i) The National Air Pollution Control Administration,
(ii) The Environmental Control Administration:
(A) Bureau of Solid Waste Management, •
(B) Bureau of Water Hygiene, ™
(C) Bureau of Radiological Health,
except that functions carried out by the following components of
the Environmental Control Administration of the Environmental
Health Service are not transferred: (i) Bureau of Community
Environmental Management, (ii) Bureau of Occupational Safety
and Health, and (iii) Bureau of Radiological Health, insofar as
the functions carried out by the latter Bureau pertain to (A)
regulation of radiation from consumer products, including elec-
tronic product radiation, (B) radiation as used in the healing arts,
(C) occupational exposures to radiation, and (D) research, tech-
nical assistance, and training related to clauses (A), (B), and
(C).
(4) The functions vested in the Secretary of Health, Education,
and Welfare of establishing tolerances for pesticide chemicals
under the Federal Food, Drug, and Cosmetic Act, as amended, 21
U.S.C. 346, 346a, and 348, together with authority, in connection •
with the functions transferred, (i) to monitor compliance with the ^
tolerances and the effectiveness of surveillance and enforcement,
and (ii) to provide technical assistance to the States and conduct
research under the Federal Food, Drug, and Cosmetic Act, as
amended, and the Public Health Service Act, as amended.
(5) So much of the functions of the Council on Environmental •
Quality under section 204(5) of the National Environmental Pol- H
icy Act of 1969 (Public Law 91-190, approved January 1, 1970, 83 ™
Stat. 855), as pertains to ecological systems.
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REORG. PLAN 3 OF 1970 § 2
06) The functions of the Atomic Energy Commission under the
Atomic Energy Act of 1954, as amended, administered through its
Division of Radiation Protection Standards, to the extent that
such functions of the Commission consist of establishing generally
applicable environmental standards for the protection of the gen-
eral environment from radioactive material. As used herein,
standards mean limits on radiation exposures or levels, or concen-
trations or quantities of radioactive material, in the general envi-
ronment outside the boundaries of locations under the control of
persons possessing or using radioactive material.
(7) All functions of the Federal Radiation Council (42 U.S.C.
2021(h)).
(8) (i) The functions of the Secretary of Agriculture and the
Department of Agriculture under the Federal Insecticide, Fungi-
cide, and Rodenticide Act, as amended (7 U.S.C. 135-135k), (ii)
the functions of the Secretary of Agriculture and the Department
of Agriculture under section 408 (I) of the Federal Food, Drug,
and Cosmetic Act, as amended (21 U.S.C. 346a(0), and (iii) the
functions vested by law in the Secretary of Agriculture and the
Department of Agriculture which are administered through the
Environmental Quality Branch of the Plant Protection Division of
the Agricultural Research Service.
(9) So much of the functions of the transferor officers and
agencies referred to in or affected by the foregoing provisions of
this section as is incidental to or necessary for the performance by
or under the Administrator of the functions transferred by those
provisions or relates primarily to those functions. The transfers to
the Administrator made by this section shall be deemed to include
the transfer of (1) authority, provided by law, to prescribe regu-
lations relating primarily to the transferred functions, and (2)
the functions vested in the Secretary of the Interior and the Secre-
tary of Health, Education, and Welfare by section 169(d) (1) (B)
and (3) of the Internal Revenue Code of 1954 (as enacted by
section 704 of the Tax Reform Act of 1969, 83 Stat. 668) ; but
shall be deemed to exclude the transfer of the functions of the
Bureau of Reclamation under section 3(b) (1) of the Water Pollu-
tion Control Act (33 U.S.C. 466a(b) (1)).
(b) There are hereby transferred to the Agency:
(1) From the Department of the Interior, (i) the Water Pollu-
tion Control Advisory Board (33 U.S.C. 466f), together with its
functions, and (ii) the hearing boards provided for in sections
10 (c) (4) and 10 (f) of the Federal Water Pollution Control Act,
as amended (33 U.S.C. 466g(c)(4); 466g(f)). The functions of
the Secretary of the Interior with respect to being or designating
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§ 2 EPA CURRENT LAWS—GENERAL
the Chairman of the Water Pollution Control Advisory Board are
hereby transferred to the Administrator.
(2) From the Department of Health, Education, and Welfare,
the Air Quality Advisory Board (42 U.S.C. 1857e), together "with
its functions. The functions of the Secretary of Health, Education,
and Welfare with respect to being a member and the Chairman of
that Board are hereby transferred to the Administrator.
Sec. 3. Performance of Transferred functions. The Administra-
tor may from time to time make such provisions as he shall deem
appropriate authorizing the performance of any of the functions
transferred to him by the provisions of this reorganization plan
by any other officer, or by any organizational entity or employee,
of the Agency.
Sec. 4. Incidental transfers, (a) So much of the personnel,
property, records, and unexpended balances of appropriations, al-
locations, and other funds employed, used, held, available, or to be
made available in connection with the functions transferred to the
Administrator or the Agency by this reorganization plan as the
Director of the Office of Management and Budget shall determine
shall be transferred to the Agency at such time or times as the
Director shall direct.
(b) Such further measures and dispositions as the Director of
Office of Management and 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.
Sec. 5. Interim officers, (a) The President may authorize any
person who immediately prior to the effective date of this reorgan-
ization plan held a position in the executive branch of the Govern-
ment to act as Administrator until the office of Administrator is
for the first time filled pursuant to the provisions of this reorgani-
zation plan or by recess appointment, as the case may be.
(b) The President may similarly authorize any such person to
act as Deputy Administrator, authorize any such person to act as
Assistant Administrator, and authorize any such person to act as
the head of any principal constituent organizational entity of the
Administration.
(c) The President may authorize any person who serves in an
acting capacity under the foregoing provisions of this section to
receive the compensation attached to the office in respect of which
he so serves. Such compensation, if authorized, shall be in lieu of, mm
but not in addition to, other compensation from the United States H
to which such person may be entitled.
Sec. 6. Abolitions, (a) Subject to the provisions of this reorgani-
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REORG. PLAN 3 OF 1970 § 6
zatfon plan, the following, exclusive of any function, are hereby
abolished:
(1) The Federal Water Quality Administration in the Depart-
ment of the Interior (33 U.S.C. 466-1).
(2) The Federal Radiation Council (73 Stat. 690; 42 U.S.C.
2021(h)).
(b) Such provisions as may be necessary with respect to termi-
nating any outstanding affairs shall be made by the Secretary of
the Interior in the case of the Federal Water Quality Administra-
tion and by the Administrator of General Services in the case of
the Federal Radiation Council.
Sec. 7. Effective date. The provisions of this reorganization plan
shall take effect sixty days after the date they would take effect
under 5 U.S.C. 906 (a) in the absence of this section.
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NATIONAL ENVIRONMENTAL POLICY ACT OF 1969
Sec.
4321. Congressional declaration of purpose.
SUBCHAPTER I.—POLICIES AND GOALS
4331. Congressional declaration of national environmental policy.
4432. Cooperation of agencies; reports; availability of information; recom-
mendations; international and national coordination of efforts.
4333. Conformity of administrative procedures to national environmental
policy.
4334. Other statutory obligations of agencies.
4335. Efforts supplemental to existing authorizations.
SUBCHAPTER II.—COUNCIL ON ENVIRONMENTAL QUALITY
4341. Reports to Congress; recommendations for legislation.
4342. Establishment; membership; Chairman; appointments.
4343. Employment of personnel, experts and consultants.
4344. Duties and functions.
4345. Consultation with the Citizen's Advisory Committee on Environmental
Quality and other representatives.
4346. Tenure and compensation of members.
4347. Authorization of appropriations.
§ 4321. Congressional declaration of purpose
The purposes of this chapter are: To declare a national policy
which will encourage productive and enjoyable harmony between
man and his environment; to promote efforts which will prevent
or eliminate damage to the environment and biosphere and stimu-
late the health and welfare of man; to enrich the understanding of
the ecological systems and natural resources important to the Na-
tion ; and to establish a Council on Environmental Quality.
Pub.L. 91-190, § 2, Jan. 1,1970, 83 Stat. 852.
SUBCHAPTER I.—POLICIES AND GOALS
§ 4331. Congressional declaration of national environmental
policy
(a) The Congress, recognizing the profound impact of man's
activity on the interrelations of all components of the natural
environment, particularly the profound influences of population
growth, high-density urbanization, industrial expansion, resource
exploitation, and new and expanding technological advances and
recognizing further the critical importance of restoring and main-
taining environmental quality to the overall welfare and develop-
ment of man, declares that it is the continuing policy of the Fed-
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42 § 4331 EPA CURRENT LAWS—GENERAL
eral Government, in cooperation with State and local governments, •
and other concerned public and private organizations, to use all ™
practicable means and measures, including financial and technical
assistance, in a manner calculated to foster and promote the" gen-
eral welfare, to create and maintain conditions under which man
and nature can exist in productive harmony, and fulfill the social,
economic, and other requirements of present and future genera- M
tions of Americans. H
(b) In order to carry out the policy set forth in this chapter, it
is the continuing responsibility of the Federal Government to use
all practicable means, consistent with other essential considera- •
tions of national policy, to improve and coordinate Federal plans, H
functions, programs, and resources to the end that the Nation
may— mm
(1) fulfill the responsibilities of each generation as trustee •
of the environment for succeeding generations;
(2) assure for all Americans safe, healthful, productive,
and esthetically and culturally pleasing surroundings;
(3) attain the widest range of beneficial uses of the envi-
ronment without degradation, risk to health or safety, or
other undesirable and unintended consequences;
(4) preserve important historic, cultural, and natural as-
pects of our national heritage, and maintain, wherever possi-
ble, an environment which supports diversity and variety of mm
individual choice; wM
(5) achieve a balance between population and resource use
which will permit high standards of living and a wide sharing
of life's amenities; and
(6) enhance the quality of renewable resources and ap-
proach the maximum attainable recycling of depletable re-
sources.
(c) The Congress recognizes that each person should enjoy a
healthful environment and that each person has a responsibility to
contribute to the preservation and enhancement of the envir-
ronment.
Pub.L. 91-190, Title I, § 101, Jan. 1, 1970, 83 Stat. 852.
§ 4332. Cooperation of agencies; reports; availability of infor- mm
mation; recommendations; international and national coordination H|
of efforts
The Congress authorizes and directs that, to the fullest extent M
possible: (1) the policies, regulations, and public laws of the Un- •
ited States shall be interpreted and administered in accordance
with the policies set forth in this chapter, and (2) all agencies of
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NEPA 42 § 4332
the-Federal Government shall—
(A) utilize a systematic, interdisciplinary approach which
will insure the integrated use of the natural and social sci-
" ences and the environmental design arts in planning and in
decisionmaking which may have an impact on man's environ-
ment;
(B) identify and develop methods and procedures, in con-
sultation with the Council on Environmental Quality estab-
lished by subchapter II of this chapter, which will insure that
presently unquantified environmental amenities and values
may be given appropriate consideration in decisionmaking
along with economic and technical considerations;
(C) include in every recommendation or report on propor-
als for legislation and other major Federal actions signifi-
cantly affecting the quality of the human environment, a de-
tailed statement by the responsible official on—
(i) the environmental impact of the proposed action,
(ii) any adverse environmental effects which cannot
be avoided should the proposal be implemented,
(iii) alternatives to the proposed action,
(iv) the relationship between local short-term uses of
man's environment and the maintenance and enhance-
ment of long-term productivity, and
(v) any irreversible and irretrievable commitments of
resources which would be involved in the proposed action
should it be implemented.
Prior to making any detailed statement, the responsible Fed-
eral official shall consult with and obtain the comments of any
Federal agency which has jurisdiction by law or special ex-
pertise with respect to any environmental impact involved.
Copies of such statement and the comments and views of the
appropriate Federal, State, and local agencies, which are au-
thorized to develop and enforce environmental standards,
shall be made available to the President, the Council on Envi-
ronmental Quality and to the public as provided by section
552 of Title 5, and shall accompany the proposal through the
existing agency review processes;
(D) study, develop, and describe appropriate alternatives
to recommended courses of action in any proposal which in-
volves unresolved conflicts concerning alternative uses of
available resources;
(E) recognize the worldwide and long-range character of
environmental problems and, where consistent with the for-
eign policy of the United States, lend appropriate support to
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42 § 4332 EPA CURRENT LAWS—GENERAL
initiatives, resolutions, and programs designed to maximize
international cooperation in anticipating and preventing a
decline in the quality of mankind's world environment;
(F) make available to States, counties, municipalities, in- ••
stitutions, and individuals, advice and information useful in •
restoring, maintaining, and enhancing the quality of the envi-
ronment ; ^^
(G) initiate and utilize ecological information in the plan- •
ning and development of resource-oriented projects; and ™
(H) assist the Council on Environmental Quality estab-
lished by subchapter II of this chapter.
Pub.L. 91-190, Title I, § 102, Jan. 1, 1970, 83 Stat. 853.
§ 4333. Conformity of administrative procedures to national
environmental policy II
All agencies of the Federal Government shall review their pres- •
ent statutory authority, administrative regulations, and current
policies and procedures for the purpose of determining whether M
there are any deficiencies or inconsistencies therein which prohibit •
full compliance with the purposes and provisions of this chapter
and shall propose to the President not later than July 1, 1971, such
measures as may be necessary to bring their authority and policies
into conformity with the intent, purposes, and procedures set
forth in this chapter.
Pub.L. 91-190, Title I, § 103, Jan. 1,1970, 83 Stat. 854.
§ 4334. Other statutory obligations of agencies
Nothing in section 4332 or 4333 of this title shall in any way
affect the specific statutory obligations of any Federal agency (1)
to comply with criteria or standards of environmental quality, (2)
to coordinate or consult with any other Federal or State agency,
or (3) to act, or refrain from acting contingent upon the recom-
mendations or certification of any other Federal or State agency.
Pub.L. 91-190, Title I,§ 104, Jan. 1,1970, 83 Stat. 854.
§ 4335. Efforts supplemental to existing authorizatons
The policies and goals set forth in this chapter are supplemen-
tary to those set forth in existing authorizations of Federal agen-
cies. M
Pub.L. 91-190, Title I, § 105, Jan. 1,1970,83 Stat. 854. •
SUBCHAPTER II.—COUNCIL ON ENVIRONMENTAL QUALITY
§ 4341. Reports to Congress; recommendations for legislation •
The President shall transmit to the Congress annually begin-
ning July 1, 1970, an Environmental Quality Report (hereinafter
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NEPA 42 § 4341
referred to as the "report") which shall set forth (1) the status
and condition of the major natural, manmade, or altered environ-
mental classes of the Nation, including, but not limited to, the air,
the aquatic, including marine, estuarine, and fresh water, and the
terrestrial environment, including, but not limited to, the forest,
dryland, wetland, range, urban, suburban, and rural environment;
(2) current and foreseeable trends in the quality, management
and utilization of such environments and the effects of those
trends on the social, economic, and other requirements of the Na-
tion; (3) the adequacy of available natural resources for fulfilling
human and economic requirements of the Nation in the light of
expected population pressures; (4) a review of the programs and
activities (including regulatory activities) of the Federal Govern-
ment, the State and local governments, and nongovernmental enti-
ties or individuals, with particular reference to their effect on the
environment and on the conservation, development and utilization
of natural resources; and (5) a program for remedying the defi-
ciencies of existing programs and activities, together with recom-
mendations for legislation.
Pub.L. 91-190, Title II, § 201, Jan. 1,1970, 83 Stat. 854.
§ 4342. Establishment; membership; Chairman; appointments
There is created in the Executive Office of the President a Coun-
cil on Environmental Quality (hereinafter referred to as the
"Council"). The Council shall be composed of three members who
shall be appointed by the President to serve at his pleasure, by and
with the advice and consent of the Senate. The President shall
designate one of the members of the Council to serve as Chairman.
Each member shall be a person who, as a result of his training,
experience, and attainments, is exceptionally well qualified to ana-
lyze and interpret environmental trends and information of all
kinds; to appraise programs and activities of the Federal Govern-
ment in the light of the policy set forth in subchapter I of this
chapter; to be conscious of and responsive to the scientific, eco-
nomic, social, esthetic, and cultural needs and interests of the
Nation; and to formulate and recommend national policies to pro-
mote the improvement of the quality of the environment.
Pub.L. 91-190, Title II, § 202, Jan. 1,1970, 83 Stat. 854.
§ 4343. Employment of personnel, experts and consultants
The Council may employ such officers and employees as may be
necessary to carry out its functions under this chapter. In addi-
tion, the Council may employ and fix the compensation of such
experts and consultants as may be necessary for the carrying out
of its functions under this chapter, in accordance with section
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42 § 4343 EPA CURRENT LAWS—GENERAL
3109 of Title 5 (but without regard to the last sentence thereof). |p
Pub.L. 91-190, Title II, § 203, Jan. 1,1970, 83 Stat. 855.
I
§ 4344. Duties and functions
It shall be the duty and function of the Council—
(1) to assist and advise the President in the preparation of
the Environmental Quality Report required by section 4341 of M
this title; •
(2) to gather timely and authoritative information con-
cerning the conditions and trends in the quality of the envi-
ronment both current and prospective, to analyze and inter- •
pret such information for the purpose of determining H
whether such conditions and trends are interfering, or are
likely to interfere, with the achievement of the policy set
forth in subchapter I of this chapter, and to compile and
submit to the President studies relating to such conditions
and trends;
(3) to review and appraise the various programs and activ-
ities of the Federal Government in the light of the policy set
forth in subchapter I of this chapter for the purpose of deter-
mining the extent to which such programs and activities are
contributing to the achievement of such policy, and to make
recommendations to the President with respect thereto;
(4) to develop and recommend to the President national
policies to foster and promote the improvement of environ-
mental quality to meet the conservation, social, economic,
health, and other requirements and goals of the Nation;
(5) to conduct investigations, studies, surveys, research,
and analyses relating to ecological systems and environmental
quality; ~
(6) to document and define changes in the natural environ- •
ment, including the plant and animal systems, and to accumu-
late necessary data and other information for a continuing
analysis of these changes or trends and an interpretation of H
their underlying causes; B
(7) to report at least once each year to the President on the
state and condition of the environment; and
(8) to make and furnish such studies, reports thereon, and
recommendations with respect to matters of policy and legis-
lation as the President may request.
Pub.L. 91-190, Title II, § 204, Jan. 1, 1970, 83 Stat. 855.
§ 4345. Consultation with the Citizen's Advisory Committee on
Environmental Quality and other representatives
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NEPA 42 § 4345
In exercising its powers, functions, and duties under this chap-
ter, the Council shall—
(1) consult with the Citizens' Advisory Committee on En-
vironmental Quality established by Executive Order num-
bered 11472, dated May 29, 1969, and with such representa-
tives of science, industry, agriculture, labor, conservation or-
ganizations, State and local governments and other groups, as
it deems advisable; and
(2) utilize, to the fullest extent possible, the services, facili-
ties, and information (including statistical information) of
public and private agencies and organizations, and individu-
als, in order that duplication of effort and expense may be
avoided, thus assuring that the Council's activities will not
unnecessarily overlap or conflict with similar activities au-
thorized by law and performed by established agencies.
Pub.L. 91-190, Title II, § 205, Jan. 1,1970, 83 Stat. 855.
§ 4346. Tenure and compensation of members
Members of the Council shall serve full time and the Chairman
of the Council shall be compensated at the rate provided for Level
II of the Executive Schedule Pay Rates. The other members of the
Council shall be compensated at the rate provided for Level IV or
the Executive Schedule Pay Rates.
Pub.L. 91-190, Title II, § 206, Jan. 1,1970, 83 Stat. 856.
§ 4347. Authorization of appropriations
There are authorized to be appropriated to carry out the provi-
sions of this chapter not to exceed $300,000 for fiscal year 1970,
$700,000 for fiscal year 1971, and $1,000,000 for each fiscal year
thereafter.
Pub.L. 91-190, Title II, § 207, Jan. 1, 1970, 83 Stat. 856.
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ENVIRONMENTAL QUALITY IMPROVEMENT ACT OF 1970
Sec.
4371." Congressional findings, declarations, and purposes.
4372. Office of Environmental Quality.
(a) Establishment; Director; Deputy Director.
(b) Compensation of Deputy Director.
(c) Employment of personnel, experts, and consultants; compensa-
tion.
(d) Duties and functions of Director.
(e) Authority of Director to contract.
4373. Referral of Environmental Quality Reports to standing committees
having jurisdiction.
4374. Authorization of appropriations.
§ 4371. Congressional findings, declarations, and purposes
(a) The Congress finds—
(1) that man has caused changes in the environment;
1(2) that many of these changes may affect the relationship
between man and his environment; and
(3) that population increases and urban concentration con-
tribute directly to pollution and the degradation of our envi-
ronment.
(b) (1) The Congress declares that there is a national policy
for the environment which provides for the enhancement of envi-
ronmental quality. This policy is evidenced by statutes heretofore
enacted relating to the prevention, abatement, and control of envi-
ronmental pollution, water and land resources, transportation, and
economic and regional development.
(2) The primary responsibility for implementing this policy
rests with State and local governments.
(3) The Federal Government encourages and supports imple-
mentation of this policy through appropriate regional organiza-
tions established under existing law.
(c) The purposes of this chapter are—
(1) to assure that each Federal department and agency
conducting or supporting public works activities which affect
the environment shall implement the policies established
under existing law; and
(2) to authorize an Office of Environmental Quality, which,
notwithstanding any other provision of law, shall provide the
professional and administrative staff for the Council on Envi-
ronmental Quality established by Public Law 91-190.
Pub.L. 91-224, Title II, § 202, Apr. 3,1970, 84 Stat. 114.
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42 § 4372 EPA CURRENT LAWS—GENERAL
§ 4372. Office of Environmental Quality—Establishment; Direc-
tor; Deputy Director
(a) There is established in the Executive Office of the President
an office to be known as the Office of Environmental Quality (here-
after in this chapter referred to as the "Office"). The Chairman
of the Council on Environmental Quality established by Public
Law 91-190 shall be the Director of the Office. There shall be in
the Office a Deputy Director who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate.
Compensation of Deputy Director ••
(b) The compensation of the Deputy Director shall be fixed by •
the President at a rate not in excess of the annual rate of compen-
sation payable to the Deputy Director of the Bureau of the ^^
Budget. •
Employment of personnel, experts, and consultants; compensation
(c) The Director is authorized to employ such officers and em-
ployees (including experts and consultants) as may be necessary
to enable the Office to carry out its functions under this chapter
and Public Law 91-190, except that he may employ no more than
ten specialists and other experts without regard to the provisions
of Title 5, governing appointments in the competitive service, and
pay such specialists and experts without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of such title relat-
ing to classification and General Schedule pay rates, but no such
specialist or expert shall be paid at a rate in excess of the maxi-
mum rate for GS-18 of the General Schedule under section 5332
of Title 5.
Duties and functions of Director
(d) In carrying out his functions the Director shall assist and
advise the President on policies and programs of the Federal Gov-
eminent affecting environmental quality by—
(1) providing the professional and administrative staff and
support for the Council on Environmental Quality established
by Public Law 91-190;
(2) assisting the Federal agencies and departments in ap-
praising the effectiveness of existing and proposed facilities,
programs, policies, and activities of the Federal Government,
and those specific major projects designated by the President
which do not require individual project authorization by Con-
gress, which affect environmental quality;
(3) reviewing the adequacy of existing systems for moni-
toring and predicting environmental changes in order to
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ENVIRON. QUAL. IMPROVEMENT ACT 42 § 4372
•' achieve effective coverage and efficient use of research facili-
™ ties and other resources;
- (4) promoting the advancement of scientific knowledge of
I the effects of actions and and technology on the environment
and encourage the development of the means to prevent or
reduce adverse effects that endanger the health and well-
• being of man;
(5) assisting in coordinating among the Federal depart-
ments and agencies those programs and activities which af-
fect, protect, and improve environmental quality;
1(6) assisting the Federal departments and agencies in the
development and interrelationship of environmental quality
criteria and standards established through the Federal Gov-
» eminent;
(7) collecting, collating, analyzing, and interpreting data
and information on environmental quality, ecological re-
search, and evaluation.
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Authority of Director to contract
(e) The Director is authorized to contract with public or pri-
vate agencies, institutions, and organizations and with individuals
without regard to section 529 of Title 31 and section 5 of Title 41
in carrying out his functions.
Pub.L. 91-224, Title II, § 203, Apr. 3,1970, 84 Stat. 114.
§ 4373. Referral of Environmental Quality Reports to standing
committees having jurisdicion
Each Environmental Quality Report required by Public Law
91-190 shall, upon transmittal to Congress, be referred to each
standing committee having jurisdiction over any part of the sub-
ject matter of the Report.
Pub.L. 91-224, Title II, § 204, Apr. 3,1970, 84 Stat. 115.
§ 4374. Authorization of appropriations
There are hereby authorized to be appropriated not to exceed
• $500,000 for the fiscal year ending June 30, 1970, not to exceed
$750,000 for the fiscal year ending June 30, 1971, not to exceed
$1,250,000 for the fiscal year ending June 30, 1972, and not to
exceed $1,500,000 for the fiscal year ending June 30, 1973. These
authorizations are in addition to those contained in Public Law
91-190.
Pub.L. 91-224, Title II, § 205, Apr. 3,1970, 84 Stat. 115.
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AMORTIZATION 26 § 169
which is completed by the taxpayer after December
31,1968, or
(ii) acquired after December 31, 1968, if the orig-
inal use of the property commences with the tax-
payer and commences after such date, and
(B) is placed in service by the taxpayer before Janu-
ary 1, 1975.
In applying this section in the case of property described in
clause (i) of subparagraph (A), there shall be taken into
account only that portion of the basis which is properly at-
tributable to construction, reconstruction, or erection after
December 31,1968.
(e) Profitmaking abatement works, etc.—The Federal certify-
ing authority shall not certify any property under subsection
(d) (1) (B) to the extent it appears that by reason of profits
derived through the recovery of wastes or otherwise in the
operation of such property, its costs will be recovered over its
actual useful life.
Aug. 16, 1954, c. 736, 68A Stat. 55, added Pub.L. 91-172, Title
VII, § 704(a), Dec. 30, 1969, 83 Stat. 667
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DEPT. OF TRANSPORTATION ACT 49 § 1651
Sec. "
(c) Detailing of participating military personnel for service in
Department of Transportation.
(d) Military personnel assigned to Department of Transportation;
annual report to Congress on assignment of personnel.
(e) Delegation and redelegation of powers and functions.
(f) Transfer of personnel, assets, liabilities, contracts, property,
records, and unexpended funds of the Federal Aviation
Agency to the Secretary of Transportation.
(g) Determination of personnel and property transfers to Secretary
of Transportation; transfer of property and funds of Civil
Aeronautics Boards to National Transportations Safety
Board.
(h) Prohibition against reduction in classification or compensation
of transferees for one year.
(i) Lapse of transferred offices and agencies; compensation of exe-
cutive positions upon continuity of service.
(j) Administrative services; establishment of capital fund; trans-
actions involving the capital fund.
(k) Seal of office.
(1) Authority to provide necessary facilities and services for per-
sonnel stationed in remote localities.
(m) Authority to accept and hold gifts and bequests for purposes of
aiding or facilitating the work of the Department.
(n) Authority to fill requests for statistical compilations covering
Department matters on reimbursable basis.
(o) Advisory committees; appointment, compensation.
(p) Appointment of Coast Guard personnel on active duty to serve
with Department; retired Coast Guard personnel.
(q) Contracts with private agencies for research; capabilities of
research agency; dissemination of resulting data.
1658. Annual reports.
1659. Separability of provisions.
§ 1651. Congressional declaration of purpose
(a) The Congress hereby declares that the general welfare, the
economic growth and stability of the Nation and its security re-
quire the development of national transportation policies and pro-
grams conducive to the provision of fast, safe, efficient, and con-
venient transportation at the lowest cost consistent therewith and
with other national objectives, including the efficient utilization
and conservation of the Nation's resources.
(b) (1) The Congress therefore finds that the establishment of
a Department of Transportation is necessary in the public interest
and to assure the coordinated, effective administration of the
transportation programs of the Federal Government; to facilitate
the development and improvement of coordinated transportation
service, to be provided by private enterprise to the maximum
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Assistant Secretaries; General Counsel; appointment; functions, powers,
and duties
(c) There shall be in the Department Four Assistant Secretar-
ies and a General Counsel, who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate, and who
shall perform such functions, powers, and duties as the Secretary
shall prescribe from time to time.
49 § 1651 EPA CURRENT LAWS—GENERAL
extent feasible; to encourage cooperation of Federal, State; and
local governments, carriers, labor, and other interested parties
toward the achievement of national transportation objectives; to
stimulate technological advances in transportation; to provide
general leadership in the identification and solution of transporta-
tion problems; and to develop and recommend to the President
and the Congress for approval national transportation policies and
programs to accomplish these objectives with full and appropriate
consideration of the needs of the public, users, carriers, industry,
labor, and the national defense.
(2) It is hereby declared to be the national policy that special M
effort should be made to preserve the natural beauty of the coun- H|
tryside and public park and recreation lands, wildlife and water-
fowl refuges, and historic sites. ^
Pub.L. 89-670, § 2, Oct. 15,1966, 80 Stat. 931. •
§ 1652. Establishment of Department—Designation and ap-
pointment of Secretary of Transportation *•
(a) There is hereby established at the seat of government an •
executive department to be known as the Department of Trans-
portation (hereafter referred to in this chapter as the "Depart-
ment"). There shall be at the head of the Department a Secretary
of Transportation (hereafter referred to in this chapter as the
"Secretary"), who shall be appointed by the President, by and
with the advice and consent of the Senate.
Under Secretary; appointment; functions, powers, and duties
(b) There shall be in the Department an Under Secretary, who
shall be appointed by the President, by and with the advice and
consent of the Senate. The Under Secretary (or, during the ab-
sence or disability of the Under Secretary, or in the event of a
vacancy in the office of Under Secretary, an Assistant Secretary or
the General Counsel, determined according to such order as the
Secretary shall prescribe) shall act for, and exercise the powers of
the Secretary, during the abence or disability of the Secretary or
in the event of a vacancy in the office of Secretary. The Under fl|
Secretary shall perform such functions, powers, and duties as the ||
Secretary shall prescribe from time to time.
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DEFT. OF TRANSPORTATION ACT 49 § 1652
Assistannt Secretary for Administration; appointment; functions,
powers, and duties
(d) There shall be in the Department an Assistant Secretary
for Administration, who shall be appointed, with the approval of
the President, by the Secretary under the classified civil service
who shall perform such functions, powers, and duties as the Secre-
tary shall prescribe from time to time.
Federal Highway Administration; Federal Railroad Administration; Federal
Aviation Administration; establishment; Administrators and Deputy Fed-
eral Aviation Adminstrator; appointment, functions, powers and duties;
transfer of functions
(e) (1) There is hereby established within the Department a
Federal Highway Administration; a Federal Railroad Administra-
tion ; and a Federal Aviation Administration. Each of these com-
ponents shall be headed by an Administrator, and in the case of
the Federal Aviation Administration there shall also be a Deputy
Administrator. The Administrators and the Deputy Federal Avia-
tion Administrator shall be appointed by the President, by and
with the advice and consent of the Senate.
(2) The qualification of the Administrator of the Federal
Aviation Agency specified in section 1341 (b) of this title, and the
qualifications and status of the Deputy Administrator specified in
section 1342(b) of this title; shall apply, respectively, to the Ad-
ministrator and Deputy Administrator of the Federal Aviation
Administration. However, nothing in this chapter shall be con-
strued to preclude the appointment of the present Administrator
of the Federal Aviation Agency as Administrator of the Federal
Aviation Administration in accordance with the provisions of the
Act of June 22, 1965, as amended (79 Stat. 171).
(3) In addition to such functions, powers, and duties as are
specified in this chapter to be carried out by the Administrators,
the Administrators and the Commandant of the Coast Guard shall
carry out such additional functions, powers, and duties as the
Secretary may prescribe. The Administrators and the Comman-
dant of the Coast Guard shall report directly to the Secretary.
(4) The functions, powers, and duties specified in this chapter
to be carried out by each Administrator shall not be transferred
elsewhere in the Department unless specifically provided for by
reorganization plan submitted pursuant to provisions of chapter 9
of Title 5 or by statute.
National Traffic Safety Bureau; National Highway Safety Bureau; establish-
ment; appointment of Directors; transfer and continuation of office of
Federal Highway Administration under title of Director of Public Roads
(f) (1) The Secretary shall carry out the provisions of the
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49 § 1652 EPA CURRENT LAWS—GENERAL
National Traffic and Motor Vehicle Safety Act of 1966 through a •
National Traffic Safety Bureau (hereafter referred to in this par-
agraph as "Bureau"), which he shall establish in the Department
of Transportation. The Bureau shall be headed by a Director who •
shall be appointed by the President, by and with the advice and Bi
consent of the Senate. All other provisions of the National Traffic
and Motor Vehicle Safety Act of 1966 shall apply.
(2) The Secretary shall carry out the provisions of the High-
way Safety Act of 1966 (including chapter 4 of Title 23) through
a National Highway Safety Bureau (hereafter referred to in this mm
paragraph as "Bureau"), which he shall establish in the Depart- •
ment of Transportation. The Bureau shall be headed by a Director
who shall be appointed by the President, by and with the advice
and consent of the Senate. All other provisions of the Highway
Safety Act of 1966 shall apply.
(3) The President is authorized, as provided in section 201 of
the Highway Safety Act of 1966, to carry out the provisions of the
National Traffic and Motor Vehicle Safety Act of 1966 through the
Bureau and Director authorized by section 201 of the Highway
Safety Act of 1966.
(4) The office of Federal Highway Administrator, created by
section 303 of Title 23, is hereby transferred to and continued
within the Department under the title Director of Public Roads.
The Director shall be the operating head of the Bureau of Public
Roads, or any other agency created within the Department to
carry out the primary functions carried out immediately before
the effective date of this Act by the Bureau of Public Roads.
Pub.L. 89-670, § 3, Oct. 15, 1966, 80 Stat. 931, amended Pub.L.
90-83, § 10(b), Sept. 11, 1967, 81 Stat. 224.
§ 1653. General provisions—Responsibilities of Secretary of
Transportation; leadership, consultation, and coordination
(a) The Secretary in carrying out the purposes of this chapter
shall, among his responsibilities, exercise leadership under the
direction of the President in transportation matters, including
those affecting the national defense and those involving national
or regional emergencies; provide leadership in the development of ——
national transportation policies and programs, and make recom- •
mendations to the President and the Congress for their considera- ^^
tion and implementation; promote and undertake development,
collection, and dissemination of technological, statistical, eco- fll
nomic, and other information relevant to domestic and interna- •
tional transportation; consult and cooperate with the Secretary of
Labor in gathering information regarding the status of labor- mm
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DEPT. OF TRANSPORTATION ACT 49 § 1653
management contracts and other labor-management problems and
in promoting industrial harmony and stable employment condi-
tions in all modes of transportation; promote and undertake re-
search and development relating to transportation, including noise
abatement, with particular attention to aircraft noise; consult
with the heads of other Federal departments and agencies on the
transportation requirements of the Government, including the
procurement of transportation or the operation of their own
transport services in order to encourage them to establish and
observe policies consistent with the maintenance of a coordinated
transportation system; and consult and cooperate with State and
local governments, carriers, labor, and other interested parties,
including, when appropriate, holding informal public hearings.
Congressional policy standards for transportation; prohibition against adop-
tion of standards or policy without appropriate Congressional action
(b) (1) In carrying out his duties and responsibilities under
this chapter, the Secretary shall be governed by all applicable
statutes including the policy standards set forth in the Federal
Aviation Act of 1958, as amended; the national transportation
policy of the Interstate Commerce Act, as amended; Title 23,
relating to Federal-aid highways; and Title 14, titles LII and LIII
of the Revised Statutes, the Act of April 25, 1940, as amended (54
Stet. 163), and the Act of September 2,1958, as amended, relating
to the United States Coast Guard.
(2) Nothing in this chapter shall be construed to authorize,
without appropriate action by Congress, the adoption, revision, or
implementation of—
(A) any transportation policy, or
(B) any investment standards or criteria.
(3) In exercising the functions, powers, and duties conferred on
and transferred to the Secretary by this chapter, the Secretary
shall give full consideration to the need for operational continuity
of the functions transferred, to the need for effectiveness and
safety in transportation systems, and to the needs of the national
defense.
Judicial review of orders of the Secretary, National Transportation Safety
Board, and Administrators
(c) Orders and actions of the Secretary or the National Trans-
portation Safety Board in the exercise of functions, powers, and
duties transferred under this chapter, and orders and actions of
the Administrators pursuant to the functions, powers, and duties
specifically assigned to them by this chapter, shall be subject to
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49 § 1653 EPA CURRENT LAWS—GENERAL
judicial review to the same extent and in the same manner a.s if •
such orders and actions had been by the department or agency ™
exercising such functions, powers, and duties immediately preced-
ing their transfer. Any statutory requirements relating to nciice,
hearings, action upon the record, or administrative review that
apply to any function transferred by this Chapter shall apply to
the exercise of such functions by the Secretary, the Administra-
tors, or the National Transportation Safety Board.
Carryover of authority to Secretary, Administrators, and National Trans-
portation Safety Board from departments and agencies formerly exer-
cising functions and duties
(d) In the exercise of the functions, powers, and duties trans-
ferred under this chapter, the Secretary, the Administrators, and
the National Transportation Safety Board shall have the same
authority as that vested in the department or agency exercising
such functions, powers, and duties immediately preceding their
transfer, and their actions in exercising such functions, powers,
and duties shall have the same force and effect as when exercised
by such department or agency.
Safety record of applicants seeking operating authority from Interstate
Commerce Commission
(e) It shall be the duty of the Secretary—
(1) to promptly investigate the safety compliance records
in the Department of each applicant seeking operating au-
thority from the Interstate Commerce Commission (referred
to in this subsection as the "Commission") and to report his
findings to the Commission;
(2) when the safety record of an applicant for permanent
operating authority, or for approval of a proposed transac-
tion involving transfer of operating authority, fails to satisfy
the Secretary, to intervene and present evidence of such ap-
plicant's fitness in Commission proceedings;
(3) to furnish promptly upon request of the Commission a
statement regarding the safety record of any applicant seek-
ing temporary operating authority from the Commission; and
(4) (A) to furnish upon request of the Commission a com-
plete report of the safety compliance of any carrier, (B) to
have made such additional inspections or safety compliance
surveys which the Commission deem necessary or desirable
in order to process an application or to determine the fitness
of a carrier, and (C) if the Commission so requests, to inter-
vene and present evidence in any proceeding in which a deter-
mination of fitness is required.
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DEPT. OF TRANSPORTATION ACT 49 § 1653
Maintenance and enhancement of natural beauty of land traversed by
transportation lines
(f) It is hereby declared to be the national policy that special
effort should be made to preserve the natural beauty of the
countryside and public park and recreation lands, wildlife and
waterfowl refuges, and historic sites. The Secretary of Trans-
portation shall cooperate and consult with the Secretaries of
the Interior, Housing and Urban Development, and Agricul-
ture, and with the States in developing transportation plan
and program that include measures to maintain or enhance
the natural beauty of the lands traversed. After August 23,
1968, the Secretary shall not approve any program or project
which requires the use of any publicly owned land from a
public park, recreation area, or wildlife and waterfowl refuge
of national, State, or local significance as determined by the
Federal, State, or local officials having jurisdiction thereof, or
any land from an historic site of national, State, or local
significance as so determined by such officials unless (1) there
is no feasible and prudent alternative to the use of such land,
and (2) such program includes all possible planning to mini-
mize harm to such park, recreational area, wildlife and water-
fowl refuge, or historic site resulting from such use.
Consultation with Secretary of Housing and Urban Development; annual
report to the President for submission to Congress
(g) The Secretary and the Secretary of Housing and Urban
Development shall consult and exchange information regard-
ing their respective transportation policies and activities;
carry on joint planning, research and other activities; and
coordinate assistance for local transportation projects. They
shall jointly study how Federal policies and programs can
assure that urban transportation systems most effectively
serve both national transportation needs and the comprehen-
sively planned development of urban areas. They shall, within
one year after the effective date of this Act, and annually
thereafter, report to the President, for submission to the Con-
gress, on their studies and other activities under this subsec-
tion, including any legislative recommendations which they
determine to be desirable. The Secretary and the Secretary of
Housing and Urban Development shall study and report
within one year after the effective date of this Act to the
President and the Congress on the logical and efficient organi-
zation and location of urban mass transportation functions in
the Executive Branch.
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Pub.L. 89-670, § 4, Oct. 15, 1966, 80 Stat. 933, amended Pub.L. I
90-495, § 18 (b), Aug. 23, 1968, 82 Stat. 824. •
§ 1654. National Transportation Safety Board—Establishment
(a) There is hereby established within the Department a Na-
tional Transportation Safety Board (referred to hereafter in
this chapter as "Board").
Functions, powers, and duties of Board
(b) There are hereby transferred to, and it shall be the duty of
the Board to exercise, the functions, powers, and duties trans-
ferred to the Secretary by section 1655 of this title and sec-
tion 8 of this Act with regard to—
(1) determining the cause or probable cause of transporta-
tion accidents and reporting the facts, conditions, and circum-
stances relating to such accidents; and
(2) reviewing on appeal the suspension, amendment, modi-
fication, revocation, or denial of any certificate or license is-
sued by the Secretary or by an Administrator.
Aircraft accident investigations
(c) The Board shall exercise the functions, powers, and duties
relating to aircraft accident investigations transferred to the Sec-
retary by section 1655 (d) of this title.
Transportation safety; investigation of transportation accidents;
recommendations
(d) The Board is further authorized to—
(1) make such recommendations to the Secretary or Ad-
ministrators on the basis of the exercise of its functions,
powers, and duties which, in its opinion, will tend to prevent
transportation accidents and promote transportation safety;
(2) conduct special studies on matters pertaining to safety
in transportation and the prevention of accidents;
(3) insure that in cases in which it is required to determine
cause or probable cause, reports of investigation adequately
state the circumstances of the accident involved;
(4) initiate on its own motion or conduct rail, highway, or
pipeline accident investigations as the Board deems necessary
or appropriate;
(5) make recommendations to the Secretary or Adminis-
trators concerning rules, regulations, and procedures for the
conduct of accident investigations;
(6) request the Secretary or Administrators to initiate spe-
cific accident investigations or conduct further investigations
as the Board determines to be necessary or appropriate; M
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DEFT. OP TRANSPORTATION ACT 49 § 1654
. (7) arrange for the personal participation of members or
other personnel of the Board in accident investigations con-
ducted by the Secretary or Administrators in such cases as it
deems appropriate; and
(8) request from the Secretary or Administrators notifica-
tion of transportation accidents and reports of such accidents
as the Board deems necessary.
Publication of reports, orders, decisions, rules, and regulations
(e) Except as otherwise provided by statute, the Board shall
make public all reports, orders, decisions, rules, and regulations
issued pursuant to subsections (b) (1) and (b) (2) of this sec-
tion, and the Board shall also make public—
(1) every recommendation made to the Secretary or an
Administrator;
(2) every special study conducted; and
(3) every action of the Board requesting the Secretary or
an Administrator to take action,
pursuant to subsections (d) (1), (2), (3), (5), (6), or (8) of this
section.
Independent status of Board
(f) In the exercise of its functions, powers, and duties, the
Board shall be independent of the Secretary and the other offices
and officers of the Department.
Annual report annd recommendations to Congress
(g) The Board shall report to the Congress annually on the
conduct of its functions under this chapter and the effectiveness of
accident investigations in the Department, together with such re-
commendations for legislation as it may deem appropriate.
Membership of Board; appointment and political affiliation of members; fitness;
removal for inefficiency, neglect of duty, or malfeasance in office
(h) The Board shall consist of five members to be appointed by
the President, by and with the advice and consent of the Senate.
No more than three members of the Board shall be of the same
political party. Members of the Board shall be appointed with due
regard to their fitness for the efficient dispatch of the functions,
powers, and duties vested in and imposed upon the Board, and
may be removed by the President for inefficiency, neglect of duty,
or malfeasance in office.
Term of office of members; filling of vacancies
(i) Members of the Board shall be appointed for terms of five
years, except that (1) any member appointed to fill a vacancy
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49 § 1654 EPA CURRENT LAWS—GENERAL
occurring prior to the expiration of the term for which his -prede-
cessor was appointed shall be appointed only for the remainder of
such term, and (2) the five members first appointed shall serve
for terms (designated by the President at the time of appoint-
ment) ending on the last day of the first, second, third, fourth,
and fifth calendar years beginning after 1966. Upon the expiration
of his term of office, a member shall continue to serve until his
successor is appointed and shall have qualified.
Designation of Chairman and Vice Chairman; administrative authority;
three members required for quorum
(j) The President shall designate from time to time one of the
members of the Board as Chairman and one of the members as
Vice Chairman, who shall act as Chairman in the absence or
incapacity of the Chairman, or in the event of a vacancy in the
office of the Chairman. The Chairman shall be the chief executive
and administrative officer of the Board and shall exercise the
responsibility of the Board with respect to (1) the appointment
and supervision of personnel employed by the Board; (2) the
distribution of business among the Board's personnel; and (3) the
use and expenditure of funds. In executing and administering the
functions of the Board on its behalf, the Chairman shall be gov-
erned by the general policies of the Board and by its decisions,
findings, and determinations. Three of the members shall consti-
tute a quorum of the Board.
Rules and regulations
(k) The Board is authorized to establish such rules, regulations,
and procedures as are necessary to the exercise of its functions.
Conduct of hearings; issuance of subpenas; oaths; witnesses; reception
of evidence
(1) In carrying out its functions, the Board (or, upon the au-
thorization of the Board, any member thereof or any hearing
examiner assigned to or employed by the Board) shall have the
same powers as are vested in the Secretary to hold hearings, sign
and issue subpenas, administer oaths, examine witnesses, and re-
ceive evidence at any place in the United States it may designate.
Delegation of functions
(m) The Board may delegate to any officer or official of the
Board, or, with the approval of the Secretary, to any officer or
official of the Department such of its functions as it may deem
appropriate, except that—
(1) with respect to aviation, the proviso in section 1441 (g)
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DEPT. OP TRANSPORTATION ACT 49 § 1654
- of this title shall apply to the Secretary, the Federal Aviation
Administrator and their representatives, and
(2) the Board shall not delegate the appellate or determi-
" nation of probable cause functions transferred to it by section
1655 (d) of this title.
Employment of investigators, attorneys, hearing examiners, and other
employees
(n) Subject to the civil service and classification laws, the
Board is authorized to select, appoint, employ, and fix compensa-
tion of such officers and employees, including investigators, attor-
neys and hearing examiners, as shall be necessary to carry out its
powers and duties under this chapter.
Use of services, equipment, personnel, and facilities of other agencies;
use of state facilities
(o) The Board is authorized, on a reimbursable basis when
appropriate, to use the available services, equipment, personnel,
and facilities of the Department and of other civilian or military
agencies and instrumentalities of the Federal Government, and to
cooperate with the Department and such other agencies and in-
strumentalities in the establishment and use of services, equip-
ment, and facilities of the Board. The Board is further authorized
to confer with and avail itself of the cooperation, services, records,
and facilities of State, territorial, municipal, or other local agen-
cies. Pub.L. 89-670, § 5, Oct. 15,1966, 80 Stat. 935.
§ 1655. Transfer of functions—Powers and duties of the Secre-
tary of Commerce and other offices and officers of the Department
of Commerce relating to highways, ground transportation gener-
ally, aircraft, pilotage, and traffic and highway safety generally
(a) There are hereby transferred to and vested in the Secretary
all functions, powers, and duties of the Secretary of Commerce
and other offices and officers of the Department of Commerce
under—
(1) the following laws and provisions of law relating gen-
erally to highways:
(A) Title 23.
(B) The Federal-Aid Highway Act of 1966.
(C) The Federal-Aid Highway Act of 1962, as
amended.
(D) The Act of July 14, 1960, as amended.
(E) The Federal-Aid Highway Act of 1954, as
amended.
(F) The Act of September 26,1961, as amended.
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49 § 1655 EPA CURRENT LAWS—GENERAL ™
(G) The Highway Revenue Act of 1956, as amended. •
(H) The Highway Beautification Act of 1165, as •
amended.
(I) The Alaska Omnibus Act, as amended. " M|
(J) The Joint Resolution of August 28, 1965, as •
amended.
(K) Section 502 (c) of the General Bridge Act of 1946,
as amended.
(L) The Act of April 27,1962, as amended.
(M) Reorganization Plan No. 7 of 1949.
(2) the following laws and provisions of law relating gen-
erally to ground transportation:
(A) The Act of September 30, 1965, as amended.
(B) The Urban Mass Transportation Act of 1964, as
amended.
(3) the following laws and provisions of law relating gen-
erally to aircraft: M
(A) The Act of September 7,1957, as amended. H
(B) Section 410 of the Federal Aviation Act of 1958,
as amended.
(C) Title XIII of the Federal Aviation Act of 1958, as •
amended. ™
(4) the following law relating generally to pilotage: The
Great Lakes Pilotage Act of 1960, as amended.
(5) the following law to the extent it authorizes scientific
and professional positions which relate primarily to functions
transferred by this subsection: The Act of August 1, 1947, as gn
amended. •
(6) the following laws relating generally to traffic and
highway safety: _
(A) The National Traffic and Motor Vehicle Safety •
Act of 1966. ™
(B) The Highway Safety Act of 1966.
Coast Guard; functions of the Secretary of the Treasury and other offices and
officers of the Department of the Treasury relating to the Coast Guard
(b) (1) The Coast Guard is hereby transferred to the Depart-
ment, and there are hereby transferred to and vested in the Secre-
tary all functions, powers, and duties, relating to the Coast Guard,
of the Secretary of the Treasury and of other officers and offices of
the Department of the Treasury. M
(2) Notwithstanding the transfer of the Coast Guard to the •
Department and the transfer to the Secretary of the functions,
powers, and duties, relating to the Coast Guard, of the Secretary
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DEPT. OF TRANSPORTATION ACT 49 § 1655
of the Treasury and of other officers and offices of the Department
of the Treasury, effected by the provisions of paragraph (1) of
this subsection, the Coast Guard, together with the functions,
powers, and duties relating thereto, shall operate as a part of the
Navy, subject to the orders of the Secretary of the Navy, in time
of war or when the President shall so direct, as provided in sec-
tion 3 of Title 14.
(3) Notwithstanding any other provisions of this chapter, the
functions, powers, and duties of the General Counsel of the De-
partment of the Treasury set out in chapter 47 of Title 10 (Uni-
form Code of Military Justice), are hereby transferred to and
vested in the General Counsel of the Department.
Federal Aviation Agency; functions, powers, and duties of Administrator and
other offices and officers
(c) (1) There are hereby transferred to and vested in the
Secretary all functions, powers, and duties of the Federal Aviation
Agency, and of the Administrator and other officers and offices
thereof, including the development and construction of a civil su-
personic aircraft: Provided, however, That there are hereby
transferred to the Federal Aviation Administrator, and it shall be
his duty to exercise the functions, powers, and duties of the Secre-
tary pertaining to aviation safety as set forth in sections 306, 307,
308, 309, 312, 313, 314, 1101, 1105, and 1111 and titles VI, VII,
IX, and XII of the Federal Aviation Act of 1958, as amended. In
exercising these enumerated functions, powers, and duties, the
Administrator shall be guided by the declaration of policy in sec-
tion 103 of the Federal Aviation Act of 1958, as amended. Deci-
sions of the Federal Aviation Administrator made pursuant to the
exercise of the functions, powers, and duties enumerated in this
subsection to be exercised by the Administrator shall be adminis-
tratively final, and appeals as authorized by law or this chapter
shall be taken directly to the National Transportation Safety
Board or to the courts, as appropriate.
(2) Nothing in this chapter shall affect the power of the Presi-
dent under section 1343 (c) of this title to transfer, to the Depart-
ment of Defense in the event of war, any functions transferred by
this chapter from the Federal Aviation Agency.
Civil Aeronautics Board: chairman, members, officers, and offices; transfer
to National Transportation Safety Board
(d) There are hereby transferred to and vested in the Secretary
all functions, powers, and duties of the Civil Aeronautics Board,
and of the Chairman, members, officers, and offices thereof under
titles VI and VII of the Federal Aviation Act of 1958, as
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49 § 1655 EPA CURRENT LAWS—GENERAL
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amended: Provided, however, That these functions, powers, and •
duties are hereby transferred to and shall be exercised by the ||
National Transportation Safety Board. Decisions of the National
Transportation Safety Board made pursuant to the exercise erf the
functions, powers, and duties enumerated in this subsection shall
be administratively final, and appeals as authorized by law or this
chapter shall be taken directly to the courts.
Interstate Commerce Commission; functions, powers, and duties relating to
safety appliances and equipment on railroad engines and cars, protection
of employees and travelers, hours of service, medals for heroism, explo-
sives and other daangerous articles, standard time zones and daylight sav-
ing time; safety of operation and equipment
(e) There are hereby transferred to and vested in the Secretary
all functions, powers, and duties of the Interstate Commerce Com-
mission, and of the Chairman, members, officers, and offices
thereof, under—
(1) the following laws relating generally to safety appli-
ances and equipment on railroad engines and cars and pro-
tection of employees and travelers:
(A) The Act of March 2,1893, as amended.
(B) The Act of March 2, 1903, as amended. •
(C) The Act of April 14, 1910, as amended. ™
(D) The Act of May 30, 1908, as amended.
(E) The Act of February 17,1911, as amended. •
(F) The Act of March 4, 1915, as amended. •
(G) Reorganization Plan No. 3 of 1965.
(H) Joint Resolution of June 30,1906, as amended.
(I) The Act of May 27,1908, as amended.
(J) The Act of March 4,1909, as amended.
(K) The Act of May 6,1910, as amended.
(2) the following law relating generally to hours of service
of employees: The Act of March 4,1907, as amended.
(3) the following law relating generally to medals for hero- _
ism: The Act of February 23,1905, as amended. •
(4) the following provisions of law relating generally to
explosives and other dangerous articles: Sections 831-835 of
Title 18. •
(5) the following laws relating generally to standard time ™
zones and daylight saving time:
(A) The Act of March 19,1918, as amended.
(B) The Act of March 4,1921, as amended.
(C) The Uniform Time Act of 1966, as amended.
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DEFT. OF TRANSPORTATION ACT 49 § 1655
- (6) the following provisions of the Interstate Commerce
Act, as amended—
(A) relating generally to safety appliances methods
and systems: Section 25.
(B) relating generally to investigation of motor vehi-
cle sizes, weights, and service of employees: Section 226.
(C) relating generally to qualifications and maximum
hours of service of employees and safety of operation and
equipment: Sections 204(a) (1) and (2), to the extent
that they relate to qualifications and maximum hours of
service of employees and safety of operation and equip-
ment; and sections 204(a) (3), (3a), and (5).
(D) to the extent they relate to private carriers of
property by motor vehicle and carriers of migrant work-
ers by motor vehicle other than contract carriers: Sec-
tions 221(a), 221(c), and 224.
Retention by Interstate Commerce Commission of powers and functions not
expressly transferred; railroad, pipeline, and motor carrier safety under
Federal Railroad and Federal Highway Administrators; review of admin-
istrative decisions
(f) (1) Nothing in subsection (e) shall diminish the functions,
powers, and duties of the Interstate Commerce Commission under
sections 1(6), 206, 207, 209, 210a, 212, and 216 of the Interstate
Commerce Act, as amended, or under any other section of that Act
not specifically referred to in subsection (e).
(2) (A) With respect to any function which is transferred to
the Secretary by subsection (e) and which was vested in the
Interstate Commerce Commission preceding such transfer, the
Secretary shall have the same administrative powers under the
Interstate Commerce Act as the Commission had before such
transfer with respect to such transferred function. After such
transfer, the Commission may exercise its administrative powers
under the Interstate Commerce Act only with respect to those of
its functions not transferred by subsection (e).
(B) For purposes of this paragraph—
(i) the term "function" includes power and duty, and
(ii) the term "administrative powers under the Inter-
state Commerce Act" means any functions under the fol-
lowing provisions of the Interstate Commerce Act, as
amended: Sections 12, 13(1), 13(2), 14, 16(12), the last
sentence of 18(1), sections 20 (except clauses (3), (4),
(11), and (12) thereof), 204(a) (6) and (7), 204(c),
204(d), 205(d), 205(f), 220 (except subsection (c) and
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(3) the following law relating generally to obstructive
bridges: The Act of June 21,1940, as amended.
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49 § 1655 EPA CURRENT LAWS—GENERAL
the proviso of subsection (a) thereof), 222 (except
subsections (b) (2) and (b) (3) thereof), and 417(b)
(1).
(3) (A) The Federal Railroad Administrator shall carry out
the functions, powers, and duties of the Secretary pertaining to
railroad and pipeline safety as set forth in the statutes trans-
ferred to the Secretary by subsection (e) of this section.
(B) The Federal Highway Administrator shall carry out the
functions, powers, and duties of the Secretary pertaining to motor
carrier safety as set forth in the statutes transferred to the Secre-
tary by subsection (e) of this section.
(C) Decisions of the Federal Railroad Administrator and the
Federal Highway Administrator (i) which are made pursuant to
the exercise of the functions, powers, and duties enumerated in
subparagraphs (A) and (B) of this paragraph to be carried out
by the Administrators, and (ii) which involve notice and hearing
required by law, shall be administratively final, and appeals as
authorized by law or this chapter shall be taken directly to the
National Transportation Safety Board or the courts, as appropri-
ate.
Department of the Army; functions, powers, and duties of the Secretary of the
Army relating to water vessel anchorages, drawbridge operating regula-
tions, obstructive bridges, tolls, prevention of pollution of the sea by oil,
and location and clearance of bridges and causeways on navigable waters
(g) There are hereby transferred to and vested in the Secretary
all functions, powers, and duties of the Secretary of the Army and
other officers and offices of the Department of the Army under—
(1) the following law and provisions of law relating gener-
ally to water vessel anchorages:
(A) Section 7 of the Act of March 4, 1915, as
amended.
(B) Article 11 of section 1 of the Act of June 7, 1897,
as amended. •
(C) Rule 9 of section 1 of the Act of February 8, 1895, •
as amended.
(D) Rule numbered 13 of section 4233 of the Revised
Statutes, as amended. •
(2) the following provision of law relating generally to ™
drawbridge operating regulations: Section 5 of the Act of
August 18,1894, as amended. fl
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DEFT. OF TRANSPORTATION ACT 49 § 1655
(4) the following laws and provisions of law relating gen-
erally to the reasonableness of tolls:
(A) Section 4 of the Act of March 23, 1906, as
amended.
(B) Section 503 of the General Bridge Act of 1946, as
amended.
(C) Section 17 of the Act of June 10, 1930, as
amended.
(D) The Act of June 27,1930, as amended.
(E) The Act of August 21,1935, as amended.
(5) the following law relating to prevention of pollution of
the sea by oil: The Oil Pollution Act, 1961, as amended.
(6) the following laws and provision of law to the extent
that they relate generally to the location and clearances of
bridges and causeways in the navigable waters of the United
States:
(A) Section 9 of the Act of March 3, 1899, as
amended.
(B) The Act of March 23,1906, as amended.
(C) The General Bridge Act of 1946, as amended.
Applicability of administrative procedure and judicial review provisions
of Title 5
(h) The provisions of subchapter II of chapter 5 and of chapter
7 of Title 5, shall be applicable to proceedings by the Department
and any of the administrations or boards within the Department
established by this chapter except that notwithstanding this or
any other provision of this chapter, the transfer of functions,
powers, and duties to the Secretary or any other officer in the
Department shall not include functions vested by subchapter II of
chapter 5 of Title 5, in hearing examiners employed by any de-
partment, agency, or component thereof whose functions are
transferred under the provisions of this chapter.
Alaska Railroad
(i) The Administration of the Alaska Railroad, established pur-
suant to the Act of March 12, 1914, as amended, and all of the
functions authorized to be carried out by the Secretary of the
Interior pursuant to Executive Order Numbered 11107, April 25,
1963 (28 F.R. 4225), relative to the operation of said Railroad,
are hereby transferred to and vested in the Secretary of Transpor-
tation who shall exercise the same authority with respect thereto
as is now exercised by the Secretary of the Interior pursuant to
said Executive order. Pub.L. 89-670, § 6, Oct. 15, 1966, 80 Stat.
937.
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49 § 1656 EPA CURRENT LAWS—GENERAL
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§ 1656. Transportation investment standards; promulgation by
Secretary of Transportation; use of standards and criteria in sur-
veys, plans, and reports of Federal agencies
(a) The Secretary, subject to the provisions of section 1653 of •
this title, shall develop and from time to time in the light of H
experience revise standards and criteria consistent with national
transportation policies, for the formulation and economic evalua-
tion of all proposals for the investment of Federal funds in trans- H
portation facilities or equipment, except such proposals as are ^
concerned with (1) the acquisition of transportation facilities or
equipment by Federal agencies in providing transportation serv- •
iocs for their own use; (2) an inter-oceanic canal located outside •
the contiguous United States; (3) defense features included at the
direction of the Department of Defense in the design and con-
struction of civil air, sea, and land transportation; (4) programs
of foreign assistance; (5) water resource projects; or (6) grant-
in-aid programs authorized by law. The standards and criteria
developed or revised pursuant to this subsection shall be promul-
gated by the Secretary upon their approval by the Congress.
The standards and criteria for economic evaluation of water
resource projects shall be developed by the Water Resources Coun-
cil established by Public Law 89-80. For the purpose of such
standards and criteria, the primary direct navigation benefits of a
water resource project are defined as the product of the savings to
shippers using the waterway and the estimated traffic that would
use the waterway; where the savings to shippers shall be con-
strued to mean the difference between (a) the freight rates or _
charges prevailing at the time of the study for the movement by •
the alternative means and (b) those which would be charged on ™
the proposed waterway; and where the estimate of traffic that
would use the waterway will be based on such freight rates, taking H
into account projections of the economic growth of the area. Hi
The Water Resources Council established under section 1962a of
Title 42 is hereby expanded to include the Secretary of Transpor- •
tation on matters pertaining to navigation features of water re- H
source projects.
(b) Every survey, plan, or report formulated by a Federal
agency which includes a proposal as to which the Secretary has
promulgated standards and criteria pursuant to subsection (a)
shall be (1) prepared in accord with such standards and criteria •
and upon the basis of information furnished by the Secretary with H
respect to projected growth of transportation needs and traffic in
the affected area, the relative efficiency of various modes of trans-
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DEFT. OF TRANSPORTATION ACT 49 § 1656
port, the available transportation services in the area, and the
general effect of the proposed investment on existing modes, and
on the regional and national economy; (2) coordinated by the
proposing agency with the Secretary and, as appropriate, with
other Federal agencies, States, and local units of government for
inclusion of his and their views and comments; and (3) transmit-
ted thereafter by the proposing agency to the President for dispo-
sition in accord with law and procedures established by him.
Pub.L. 89-670,§ 7, Oct. 15, 1966, 80 Stat. 941.
§ 1657. Administrative provisions—Authority of Secretary to
employ personnel and prescribe their authority and duties
(a) In addition to the authority contained in any other Act
which is transferred to and vested in the Secretary, the National
Transportation Safety Board, or any other officer in the Depart-
ment, the Secretary is authorized, subject to the civil service and
classification laws, to select, appoint, employ, and fix the compen-
sation of such officers and employees, including investigators, at-
torneys, and hearing examiners, as are necessary to carry out the
provisions of this chapter and to prescribe their authority and
• duties.
Temporary or intermittent employment of experts and consultants
(b) The Secretary may obtain services as authorized by section
• 3109 of Title 5 but at rates not to exceed $100 per diem for
individuals unless otherwise specified in an appropriation Act.
Detailing of participating military personnel for service in
• Department of Transportation
(c) The Secretary is authorized to provide for participation of
military personnel in carrying out the functions of the Depart-
ment. Members of the Army, the Navy, the Air Force, or the
Marine Corps may be detailed for service in the Department by
the appropriate Secretary, pursuant to cooperative agreements
with the Secretary of Transportation.
• Military personnel assigned to Department of Transportation; annual report
to Congress on assignment of personnel
(d) (1) Appointment, detail, or assignment to, acceptance of,
• and service in any appointive or other position in the Department
under the authority of subsections (c) and (p) of this section
shall in no way affect status, office, rank, or grade which officers or
enlisted men may occupy or hold or any emolument, perquisite,
• right, privilege, or benefit incident to or arising out of any such
status, office, rank, or grade, nor shall any member so appointed,
detailed, or assigned be charged against any statutory limitation
on grades or strengths applicable to the Armed Forces. A person
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49 § 1657 EPA CURRENT LAWS—GENERAL
so appointed, detailed, or assigned shall not be subject to direction
by or control by his armed force or any officer thereof directly or
indirectly with respect to the responsibilities exercised in the posi-
tion to which appointed, detailed, or assigned. »
(2) The Secretary shall report annually in writing to the appro-
priate committees of the Congress on personnel appointed and
agreements entered into under subsection (c) of this section, in-
cluding the number, rank, and positions of members of the armed
services detailed pursuant thereto.
Delegation and redelegation of powers and functions
(e) (1) Except where this chapter vests in any administration,
agency or board, specific functions, powers, and duties, the Secre-
tary may, in addition to the authority to delegate and redelegate
contained in any other Act in the exercise of the functions trans-
ferred to or vested in the Secretary in this chapter, delegate any
of his residual functions, powers and duties to such officers and
employees of the Department as he may designate, may authorize
such successive redelegations of such functions, powers, and duties
as he may deem desirable, and may make such rules and regula-
tions as may be necessary to carry out his functions, powers, and
duties.
(2) In addition to the authority to delegate and redelegate con-
tained in any other Act, in the exercise of the functions trans-
ferred to or specified by this chapter to be carried out by any
officer in the Department, such officer may delegate any of such
functions, powers, and duties to such other officers and employees
of the Department as he may designate; may authorize such suc-
cessive redelegations of such functions, powers, and duties as he
may deem desirable; and may make such rules and regulations as
may be necessary to carry out such functions, powers, and duties.
(3) The Administrators established by section 1652 (e) of this
title may not delegate any of the statutory duties and responsibili-
ties specifically assigned to them by this chapter outside of their
respective administrations.
Transfer of personnel, assets, liabilities, contracts, property, records, and un-
expended funds of the Federal Aviation Agency to the Secretary of
Transportation
(f) The personnel, assets, liabilities, contracts, property, rec-
ords, and unexpended balances of appropriations, authorizations,
allocations, and other funds employed, held, used, arising from,
available or to be made available, of the Federal Aviation Agency,
and of the head and other officers and offices thereof, are hereby
transferred to the Secretary: Provided, however, That the person-
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DEPT. OF TRANSPORTATION ACT 49 § 1657
nel, assets, liabilities, contracts, property, records, and unex-
pended balances of appropriations, authorizations, allocations, and
other funds employed, held, used, arising from, available, or to be
made available in carrying out the duties and functions trans-
ferred by this chapter to the Secretary which are specified by this
chapter to be carried out by the Federal Aviation Administrator
shall be assigned by the Secretary to the Federal Aviation Admin-
istrator for these purposes.
Determination of personnel and property transfers to Secretary of Trans-
portation; transfer of property and funds of Civil Aeronautics Boards to
National Transportation Safety Board
(g) So much of the positions, personnel, assets, liabilities, con-
tracts, property, records, and unexpended balances of appropria-
tions, authorizations, allocations, and other funds employed, held,
used, arising from, available or to be made available in connection
with the functions, powers, and duties transferred by sections
• 1655 of this title (except subsection (c) thereof) and section 8 (d)
and (e) of this chapter as the Director of the Bureau of the
Budget shall determine shall be transferred to the Secretary: Pro-
• vided, however, That the positions, personnel, assets, liabilities,
contracts, property, records, and unexpended balances of appro-
priations, authorizations, allocations, and other funds employed,
held, used, arising from, available, or to be made available, by the
Civil Aeronautics Board in carrying out the duties transferred by
this chapter to be exercised by the National Transportation Safety
Board shall be transferred to the National Transportation Safety
• Board. Except as provided in subsection (h), personnel engaged in
functions, powers, and duties transferred under this chapter shall
be transferred in accordance with applicable laws and regulations
relating to transfer of functions.
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Prohibition against reduction in classification or compensation of
transferees for one year
(h) The transfer of personnel pursuant to subsections (f) and
(g) of this section shall be without reduction in classification or
compensation for one year after such transfer.
• Lapse of transferred offices and agencies; compensation of executive
positions upon continuity of service
(i) In any case where all of the functions, powers, and duties of
any office or agency, other than the Coast Guard, are transferred
• pursuant to this chapter, such office or agency shall lapse. Any
person who, on the effective date of this chapter, held a position
compensated in accordance with the Executive Schedule, and who,
without a break in service, is appointed in the Department to a
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Seal of office
(k) The Secretary shall cause a seal of office to be made for the
Department of such device as he shall approve, and judicial notice
shall be taken of such seal.
Authority to provide necessary facilities and services for personnel
stationed in remote localities
(1) In addition to the authority contained in any other Act
which is transferred to and vested in the Secretary, the National
Transportation Safety Board, or other officer in the Department,
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49 § 1657 EPA CURRENT LAWS—GENERAL
positon having duties comparable to those performed immediately H
preceding his appointment shall continue to be compensated in his
new position at not less than the rate provided for his previous
position, for the duration of his service in his new position. H
Administrative services; establishment of capital funds; transactions
involving the capital fund
(j) The Secretary is authorized to establish a working capital
fund, to be available without fiscal year limitation, for expenses
necessary for the maintenance and operation of such common ad-
ministrative services as he shall find to be desirable in the interest
of economy and efficiency in the Department, including such serv-
ices as a central supply service for stationery and other supplies
and equipment for which adequate stocks may be maintained to
meet in whole or in part the requirements of the Department and
its agencies; central messenger, mail, telephone, and other commu-
nications services; office space, central services for document re-
production, and for graphics and visual aids; and a central library
service. The capital of the fund shall consist of any appropriations
made for the purpose of providing capital (which appropriations
are hereby authorized) and the fair and reasonable value of such
stocks of supplies, equipment, and other assets and inventories on
order as the Secretary may transfer to the fund, less the related
liabilities and unpaid obligations. Such funds shall be reimbursed
in advance from available funds of agencies and offices in the
Department, or from other sources, for supplies and services at
rates which will approximate the expense of operation, including
the accrual of annual leave and the depreciation of equipment. The
fund shall also be credited with receipts from sale or exchange of
property and receipts in payment for loss or damage to property
owned by the fund. There shall be covered into the United States
Treasury as miscellaneous receipts any surplus found in the fund
(all assets, liabilities, and prior losses considered) above the
amounts transferred or appropriated to establish and maintain
said fund.
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as necessary, and when not otherwise available, the Secretary is
authorized to provide for, construct, or maintain the following for
employees and their dependents stationed at remote localities:
(1) Emergency medical services and supplies;
(2) Food and other subsistence supplies;
(3) Messing facilities;
mi (4) Motion picture equipment and film for recreation and
™ training;
(5) Reimbursement for food, clothing, medicine, and other
• supplies furnished by such employees in emergencies for the
temporary relief of distressed persons; and
(6) Living and working quarters and facilities.
_ The furnishing of medical treatment under paragraph (1) and the
• furnishing of services and supplies under paragraphs (2) and (3)
^ of this subsection shall be at prices reflecting reasonable value as
determined by the Secretary, and the proceeds therefrom shall be
• credited to the appropriation from which the expenditure was
made.
Authority to accept and hold gifts and requests for purpose of aiding or
• facilitating the work of the Department
(m) (1) The Secretary is authorized to accept, hold, adminis-
ter, and utilize gifts and bequests of property, both real and per-
sonal, for the purpose of aiding or facilitating the work of the
Department. Gifts and bequests of money and the proceeds from
sales of other property received as gifts or bequests shall be depos-
ited in the Treasury in a separate fund and shall be disbursed
upon order of the Secretary. Property accepted pursuant to this
paragraph, and the proceeds thereof, shall be used as nearly as
possible in accordance with the terms of the gift or bequest.
• (2) For the purpose of Federal income, estate, and gift taxes,
property accepted under paragraph (1) shall be considered as a
gift or bequest to or for use of the United States.
1(3) Upon the request of the Secretary, the Secretary of the
Treasury may invest and reinvest in securities of the United
States or in securities guaranteed as to principal and interest by
• the United States any moneys contained in the fund provided for
in paragraph (1). Income accruing from such securities, and from
any other property held by the Secretary pursuant to paragraph
(1) shall be deposited to the credit of the fund, and shall be
disbursed upon order of the Secretary.
Authority to fill requests for statistical compilations covering Department
matters on reimbursable basis
(n) (1) The Secretary is authorized, upon the written request
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of any person, or any State, territory, possession, or political sub-
division thereof, to make special statistical studies relating to for-
eign and domestic transportation, and special studies relating to
other matters falling within the province of the Department, to
prepare from its records special statistical compilations, and to
furnish transcripts of its studies, tables, and other records upon
the payment of the actual cost of such work by the person or body
requesting it.
(2) All moneys received by the Department in payment of the
cost of work under paragraph (1) shall be deposited in a separate
account to be administered under the direction of the Secretary.
These moneys may be used, in the discretion of the Secretary, for
the ordinary expenses incidental to the work and/or to secure in
connection therewith the special services of persons who are nei-
ther officers nor employees of the United States.
Advisory committees; appointment, compensation
(o) The Secretary is authorized to appoint, without regard to
the civil service laws, such advisory committees as shall be appro-
priate for the purpose of consultation with and advice to the
Department in performance of its functions. Members of such
committees, other than those regularly employed by the Federal
Government, while attending meetings of such committees or oth-
erwise serving at the request of the Secretary, may be paid com- «M
pensation at rates not exceeding those authorized for individuals •
under subsection (b) of this section, and while so serving away
from their homes or regular places of business, may be allowed
travel expenses, including per diem in lieu of subsistence, as au- |H
thorized by section 5703 of Title 5, for persons in the Government •§
service employed intermittently.
Appointment of Coast Guard personnel on active duty to serve with Depart-
ment; retired Coast Guard personnel
(p) (1) Notwithstanding any provision of this chapter or other
law, a member of the Coast Guard on active duty may be ap-
pointed, detailed, or assigned to any position in the Department
other than Secretary, Under Secretary, and Assistant Secretary
for Administration.
(2) Subject to the provisions of Title 5, a retired member of the
Coast Guard may be appointed to any position in the Department.
Contracts with private agencies for research; capabilities of research agency;
dissemination of resulting data
(q) (1) The Secretary is authorized to enter into contracts with
educational institutions, public or private agencies or organiza-
tions, or persons for the conduct of scientific or technological
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DEFT. OF TRANSPORTATION ACT 49 § 1657
research into any aspect of the problems related to the programs
of the Department which are authorized by statute.
1(2) The Secretary shall require a showing that the institutions,
agencies, organizations, or persons with which he expects to enter
into contracts pursuant to this subsection have the capability of
doing effective work. He shall furnish such advice and assistance
as he believes will best carry out the mission of the Department,
participate in coordinating all research initiated under this
subsection, indicate the lines of inquiry which seem to him most
• important, and encourage and assist in the establishment and
maintenance of cooperation by and between the institutions, agen-
cies, organizations, or persons and between them and other re-
• search organizations, the Department, and other Federal agencies.
(3) The Secretary may from time to time disseminate in the
form of reports or publications to public or private agencies or
organizations, or individuals such information as he deems perti-
nent on the research carried out pursuant to this section.
(4) Nothing contained in this subsection is intended to amend,
modify, or repeal any provisions of law administered by the De-
partment which authorize the making of contracts for research.
Pub.L. 89-670, § 9, Oct. 15, 1966, 80 Stat. 944.
§ 1658. Annual reports
The Secretary shall, as soon as practicable after the end of each
fiscal year, make a report in writing to the President for submis-
sion to the Congress on the activities of the Department during
the preceding fiscal year. Pub.L. 89-670, § 11, Oct. 15, 1966, 80
Stat. 949.
§ 1659. Separability of provisions
• If any provision of this chapter or the application thereof to
any person or circumstances is held invalid, the remainder of this
chapter, and the application of such provision to other persons or
^ circumstances shall not be affected thereby. Pub.L. 89-670, § 13,
• Oct. 15,1966, 80 Stat. 950.
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DEPARTMENT OF TRANSPORTATION ACT
Sec.
1651. Congressional declaration of purpose.
1652. Establishment of Department.
(a) Desigation and appointment of Secretary of Transportation.
(b) Under Secretary; appointment; functions, powers, and duties.
(c) Assistant Secretaries; General Counsel; appointment; functions,
powers, and duties.
(d) Assistant Secretary for Administration; appointment; func-
tions, powers, and duties.
(e) Federal Highway Administration; Federal Railroad Administra-
tion; Federal Aviation Administration; establishment; Ad-
ministrators and Deputy Federal Aviation Administrator;
appointment, functions, powers and duties; transfer of func-
tions.
(f) National Traffic Safety Bureau; National Highway Safety
Bureau; establishment; appointment of Directors; transfer
and continuation of office of Federal Highway Administrator
under title of Director of Public Roads.
1653. General provisions.
(a) Responsibilities of Secretary of Transportation; leadership,
consultation, and coordination.
(b) Congressional policy standards for transportation; prohibition
againnst adoption of standards or policy without appropriate
Congressional action.
(c) Judicial review of orders of the Secretary, National Transporta-
tion Safety Board, and Administrators.
(d) Carryover of authority to Secretary, Administrators, and Na-
tional Transportation Safety Board from departments and
agencies formerly exercising functions and duties.
(e) Safety record of applicants seeking operating authority from
Interstate Commerce Commission.
(f) Maintenance and enhancement of natural beauty of land tra-
versed by transportation lines.
(g) Consultation with Secretary of Housing and Urban Development;
annual report to the President for submission to Congress.
1654. National Transportation Safety Board.
(a) Establishment.
(b) Functions, powers, and duties of Board.
(c) Aircraft accident investigations.
(d) Transportation safety; investigation of transportation acci-
dents ; recommendations.
(e) Publication of reports, orders, decisions, rules, and regulations.
(f) Independent status of Board.
(g) Annual report and recommendations to Congress.
(h) Membership of Board; appointment and political affiliations of
members; fitness; removal for inefficiency, neglect of duty, or
malfeasance in office.
(i) Term of office of members; filling of vacancies.
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EPA CURRENT LAWS—GENERAL
Sec.
(j) Designation of Chairman and Vice Chairman; administrative
authority; three members required for quorum.
(k) Rules and regulations.
(1) Conduct of hearings; issuance of subpenas; oaths; witnesses;
reception of evidence.
(m) Delegation of functions.
(n) Employment of investigators, attorneys, hearing examiners, and
other employees.
(o) Uses of services, equipment, personnel, and facilities of other
agencies; use of state facilities.
1655. Transfer of functions.
(a) Powers and duties of the Secretary of Commerce and other
offices and officers of the Department of Commerce relating
to highways, ground transportation generally, aircraft, pilot-
age, and traffic and highway safety generally.
(b) Coast Guard; functions of the Secretary of the Treasury and
other offices and officers of the Department of the Treasury
relating to the Coast Guard.
(c) Federal Aviation Agency; functions, powers, and duties of
Administrator and other offices and officers.
(d) Civil Aeronautics Board; chairman, members, officers, and
offices; transfer to National Transportation Safety Board.
(e) Interstate Commerce Commission; functions, powers, and duties
relating to safety appliances and equipment on railroad en-
gines and cars, protection of employees and travelers, hours,
of service, medals for heroism, explosives and other dangerous
articles, standard time zones and daylight saving time;
safety of operation and equipment.
(f) Retention by Interstate Commerce Commission of powers and
functions not expressly transferred; railroad, pipeline, and
motor carrier safety under Federal Railroad and Federal
Highway Administrators; review of administrative decisions.
(g) Department of the Army; functions, powers, and duties of the
Secretary of the Army relating to water vessel anchorages,
drawbridge operating regulations, obstructive bridges, tolls,
prevention of pollution of the sea by oil, and location and
clearance of bridges and causeways on navigable waters.
(h) Applicability of administrative procedure and judicial review
provisions of Title 5.
(i) Alaska Railroad.
1656. Transportation investment standards; promulgation by Secretary of
Transportation; use of standards and criteria in surveys, plans, and
reports of Federal agencies.
1657. Administrative provisions.
(a) Authority of Secretary to employ personnel and prescribe their
authority and duties.
(b) Temporary or intermittent employment of experts and con-
sultants.
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FEDERAL AID HIGHWAY ACT
§ 109. Standards
[See main volume for text of (a)]
(b) The geometric and construction standards to be adopted
for the Interstate System shall be those approved by the
Secretary in cooperation with the State highway departments.
Such standards, as applied to each actual construction project,
shall be adequate to enable such project to accommodate the
types and volumes of traffic anticipated for such project for the
twenty-year period commencing on the date of approval by the
Secretary, under section 106 of this title, of the plans,
specifications, and estimates for actual construction of such
project. Such standards shall in all cases provide for at least four
lanes of traffic. The right-of-way width of the Interstate System
shall be adequate to permit construction of projects on the
Interstate System to such standards. The Secretary shall apply
such standards uniformly throughout all the States.
[See main volume for text of (c) to (f)~\
(g) The Secretary shall issue within 30 days after the day of
enactment of the Federal-Aid Highway Act of 1970 guidelines for
minimizing possible soil erosion from highway construction.
Such guidelines shall apply to all proposed projects with respect
to which plans, specifications, and estimates are approved by the
Secretary after the issuance of such guidelines.
(h) Not later than July 1, 1972, the Secretary, after
consultation with appropriate Federal and State officials, shall
submit to Congress, and not later than 90 days after such
submission, promulgate guidelines designed to assure that
possible adverse economic, social, and environmental effects
relating to any proposed project on any Federal-aid system have
been fully considered in developing such project, and that the
final decisions on the project are made in the best overall public
interest, taking into consideration the need for fast, safe and
efficient transportation, public services, and the costs of
eliminating or minimizing such adverse effects and the
following:
(1) air, noise, and water pollution;
(2) destruction or disruption of man-made and natural
resources, aesthetic values, community cohesion and the
availability of public facilities and services;
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(3) adverse employment effects, and tax and property value
losses;
(4) injurious displacement of people, businesses and farms;
and
(5) disruption of desirable community and regional growth.
Such guidelines shall apply to all proposed projects with respect
to which plans, specifications, and estimates are approved by the
Secretary after the issuance of such guidelines.
(i) The Secretary, after consultation with appropriate
Federal, State, and local officials, shall develop and promulgate
standards for highway noise levels compatible with different
land uses and after July 1, 1972, shall not approve plans and
, specifications for any proposed project on any Federal-aid
system for which location approval has not yet been secured
unless he determines that such plans and specifications include
adequate measures to implement the appropriate noise level
standards. The Secretary, after consultation with the
Administrator of the Environmental Protection Agency and
appropriate Federal, State, and local officials, may promulgate
standards for the control of highway noise levels for highways on
any Federal-aid system for which project approval has been
secured prior to July 1, 1972. The Secretary may approve any
project on a Federal-aid system to which noise-level standards
are made applicable under the preceding sentence for the H|
purpose of carrying out such standards. Such project may •
include, but is not limited to, the acquisition of additional
rights-of-way, the construction of physical barriers, and H
landscaping. Sums apportioned for the Federal-aid system on Hj
which such project will be located shall be available to finance
the Federal share of such project. Such project shall be deemed a
highway project for all purposes of this title.
(j) The Secretary, after consultation with the Administrator
of the Environmental Protection Agency, shall develop and
promulgate guidelines to assure that highways constructed
pursuant to this title are consistent with any approved plan for
the implementation of any ambient air quality standard for any
air quality control region designated pursuant to the Clean Air
Act, as amended.
(k) The Secretary shall not approve any project involving
approaches to abridge under this title, if such project and bridge
will significantly affect the traffic volume and the highway
system of a contiguous State without first taking into full
consideration the views of that State.
As amended Pub.L. 89-574, §§ 5(a), 14, Sept. 13,1966, 80 Stat. 767, •
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771; Pub.L. 91-605, Title I, § 136(a), (b), Dec. 31,1970, 84 Stat. 1734;
Pub.L. 93-87, Title I, §§ 114,152 (2), 156, Aug. 13,1973,87 Stat. 257,
276,-277.
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THE AIRPORT AND AIRWAYS DEVELOPMENT ACT
§ 1712. National airport systems plan—Formulation
Consultation concerning environmental changes
(f) In carrying out this section, the Secretary shall consult
with and consider the views and recommendations of the
Secretary of the Interior, the Secretary of Health, Education,
and Welfare, the Secretary of Agriculture, and the National
Council on Environmental Quality. The recommendations of the
Secretary of the Interior, the Secretary of Health, Education,
and Welfare, the Secretary of Agriculture, and the National
Council on Environmental Quality, with regard to the
preservation of environmental quality, shall, to the extent that
the Secretary of Transportation determines to be feasible, be
incorporated in the national airport system plan.
Pub.L. 91-258, Title I § 13, May 21, 1970, 84 Stat. 224.
§ 1716. Project applications for airport development—Submission
Approval
(c) (1) All airport development projects shall be subject to
the approval of the Secretary, which approval may be given only
if he is satisfied that—
(A) the project is reasonably consistent with plans
(existing at the time of approval of the project) of planning
agencies for the development of the area in which the airport is
located and will contribute to the accomplishment of the
purposes of this subchapter;
(B) sufficient funds are available for that portion of the
project costs which are not to be paid by the United States
under this subchapter;
(C) the project will be completed without undue delay;
(D) the public agency or public agencies which submitted
the project application have legal authority to engage in the
airport development as proposed; and
(E) all project sponsorship requirements prescribed by or
under the authority of this subchapter have been or will be
met.
No airport development project may be approved by the
Secretary with respect to any airport unless a public agency or
the United States or an agency thereof holds good title,
satisfactory to the Secretary, to the landing area of the airport or
the site therefor, or gives assurance satisfactory to the
Secretary that good title will be acquired.
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Secretary which does not include provision for installation of the
landing aids specified in subsection (d) of section 1717 of this title _
and determined by him to be required for the safe and efficient H
use of the airport by aircraft taking into account the category of ^
the airport and the type and volume of traffic utilizing the
airport.
(3) No airport development project may be approved by the
Secretary unless he is satisfied that fair consideration has been
given to the interest of communities in or near which the project
may be located.
(4) It is declared to be national policy that airport
development projects authorized pursuant to this subchapter
shall provide for the protection and enhancement of the natural
resources and the quality of environment of the Nation. In
implementing this policy, the Secretary shall consult with the
Secretaries of the Interior and Health, Education, and Welfare
with regard to the effect that any project involving airport
location, a major runway extension, or runway location may
have on natural resources including, but not limited to, fish and
wildlife, natural, scenic, and recreation assets, water and air
quality, and other factors affecting the environment, and shall
authorize no such project found to have adverse effect unless the
Secretary shall render a finding, in writing, following a full and
complete review, which shall be a matter of public record, that no
feasible and prudent alternative exists and that all possible
steps have been taken to minimize such adverse effect. ••
Hearings ^^
(d) (1) No airport development project involving the location
location of an airport, an airport runway, or a runway extension ••
may be approved by the Secretary unless the public agency H
sponsoring the project certifies to the Secretary that there has
been afforded the opportunity for public hearings for the
purpose of considering the economic, social, and environmental
effects of the airport location and its consistency with the goals
and objectives of such urban planning as has been carried out by
the community.
(2) When hearings are held under paragraph (1) of this
subsection, the project sponsor shall, when requested by the
Secretary, submit a copy of the transcript to the Secretary.
Air and water quality
(e) (1) The Secretary shall not approve any project
application for a project involving airport location, a major •
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runway extension, or runway location unless the Governor of the
State in which such project may be located certifies in writing to
the Secretary that there is reasonable assurance that the
project will be located, designed, constructed and operated so as
to comply with applicable air and water quality standards. In
any case where such standards have not been approved or where
such standards have been promulgated by the Secretary of the
Interior or the Secretary of Health, Education, and Welfare,
certification shall be obtained from the appropriate Secretary.
Notice of certification or of refusal to certify shall be provided
within sixty days after the project application is received by the
Secretary.
(2) The Secretary shall condition approval of any such project
application on compliance during construction and operation
with applicable air and water quality standards.
Airport site selection; metropolitan area
(f) (1) Whenever the Secretary determines (A) that a
metropolitan area comprised of more than one unit of State or
local government is in need of an additional airport to
adequately meet the air transportation needs of such area, and
(B) that an additional airport for such area is consistent with the
national airport system plan prepared by the Secretary, he shall
notify, in writing, the governing authorities of the area
concerned of the need for such additional airport and request
such authorities to confer, agree upon a site for the location of
such additional airport, and notify the Secretary of their
selection. In order to facilitate the selection of a site for an
additional airport under the preceding sentence, the Secretary
shall exercise such of his authority under this subchapter as he
may deem appropriate to carry out the provisions of this
paragraph. For the purposes of this subsection, the term
"metropolitan area" means a standard metropolitan statistical
area as established by the Bureau of the Budget, subject
however to such modifications and extensions as the Secretary
may determine to be appropriate for the purposes of this
subsection.
(2) In the case of a proposed new airport serving any area,
which does not include a metropolitan area, the Secretary shall
not approve any airport development project with respect to any
proposed airport site not approved by the community or
communities in which the airport is proposed to be located.
Pub.L. 91-258, Title I, § 16, May 21, 1970, 84 Stat. 226, amended
Pub.L. 93-44, § 4, June 18, 1973, 87 Stat. 89, as amended Pub.L.
93-44, § 4, June 18, 1973, 87 Stat. 89.
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DISASTER RELIEF ACT OF 1970
SUBCHAPTER I.—GENERALLY
Sec.-
4401. Congressional findings and declarations.
4402. Definitions.
SUBCHAPTER II.—ADMINISTRATION OF DISASTER ASSISTANCE
4411. Federal coordinating officer; appointment; functions.
4412. Emergency support teams; detail of personnel of Federal department
or agency.
4413. Cooperation of Federal agencies in rendering emergency assistance.
(a) Scope of services.
(b) Other Federal assistance not precluded.
(c) Reimbursement.
(d) Liability of Federal government.
(e) Employment of temporary personnel; incurring of obligations.
(f) Presidential powers; rules and regulations.
(g) Presidential review of programs.
(h) Reports to Congress.
4414. Use of local firms and individuals.
4415. Federal grant-in-aid programs.
4416. State disaster plans.
(a) Contents.
(b) Grants for development; limits.
(c) Designation of State agency.
(d) Reports to President and Congress.
(e) Grants for maintenance; limits.
4417. Use and coordination of relief organizations.
4418. Duplication of benefits.
4419. Nondiscrimination in disaster assistance.
4420. Disaster warnings.
4431. Predisaster assistance.
4432. Emergency communications.
4433. Emergency transportation.
4434. Removal of debris; grants to State; indemnity of Federal Government
from liability.
4435. Fire suppression.
4436. Temporary housing assistance.
(a) Regulations for rent and sale; sites for mobile and prefabri-
cated homes.
(b) Temporary mortgage or rent payments; reemployment assist-
ance.
4451. Small business disaster loans.
4452. Emergency farm loans.
4453. Disaster loan interest rates.
4454. Age of applicant for loans.
4455. Rescheduling and refinancing of federal loans.
4456. Aid to major sources of employment.
4457. Food stamp and surplus commodities program.
(a) Persons eligible; terms and conditions.
(b) Duration of assistance; factors considered.
(c) Food stamp provisions unaffected.
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42 § 4401 EPA CURRENT LAWS—GENERAL
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Sec.
4458. Legal services.
4459. Unemployment assistance; limitation of amount and duration to pay-
ments under State unemployment compensation; reduction of pay-
ments.
4460. Community disaster grants to local governments; limits; computation
of loss.
4461. Timber sale contracts.
(a) Cost-sharing arrangement.
(b) Cancellation of authority.
(c) Public notice of sale.
(d) State grants for removal of damaged timber; reimbursement
of expenses limited to salvage value of removed timber.
4462. Standards for residential structure restoration.
4481 Repair and restoration of damaged United States facilities; availabil-
ity of funds.
4482. Restoration of State and local public facilities.
(a) Eligible costs.
(b) Public facilities under completion at the time of disaster.
(c) Definition.
4483. Priority to applications for public facility and public housing assistance
in major disaster areas.
4484. Relocation assistance.
SUBCHAPTER I.—GENERALLY
§ 4401. Congressional findings and declarations
(a) The Congress hereby finds and declares that—
(1) because loss of life, human suffering, loss of income,
and property loss and damage result from major disasters
such as hurricanes, tornadoes, storms, floods, high waters,
and wind-driven waters, tidal waves, earthquakes, droughts,
fires, and other catastrophes; and
(2) because such disasters disrupt the normal functioning
of government and the community, and adversely affect indi-
vidual persons and families with great severity;
special measures, designed to assist the efforts of the affected
States in expediting the rendering of aid, assistance, and emer-
gency welfare services; and the reconstruction and rehabilitation •
of devastated areas, are necessary. ^"
(b) It is the intent of the Congress, by this chapter, to provide
an orderly and continuing means of assistance by the federal B
Government to State and local governments in carrying out their H
responsibilities to alleviate the suffering and damage which result
from such disasters by—
(1) revising and broadening the scope of existing major
disaster relief programs;
(2) encouraging the development of comprehensive disas-
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DISASTER RELIEF ACT 42 § 4401
ter relief plans, programs, and organizations by the States;
and
(3) achieving greater coordination and responsiveness of
- Federal major disaster relief programs.
Pub.L. 91-606, Title I, § 101, Dec. 31, 1970, 84 Stat. 1744.
§ 4402. Definitions
As used in this chapter—
(1) "major disaster" means any hurricane, tornado, storm,
flood, high water, wind-driven water, tidal wave, earthquake,
drought, fire, or other catastrophe in any part of the United
States, which, in the determination of the President, is or
threatens to be of sufficient severity and magnitude to war-
rant disaster assistance by the Federal Government to supple-
ment the efforts and available resources of States, local gov-
ernments, and relief organizations in alleviating the damage,
loss, hardship, or suffering caused thereby, and with respect
to which the Governor of any State in which such catastrophe
occurs or threatens to occur certifies the need for Federal
disaster assistance under this chapter and gives assurance of
the expenditure of a reasonable amount of the funds of such
State, its local governments, or other agencies for alleviating
the damage, loss, hardship or suffering resulting from such
catastrophe;
(2) "United States" means the fifty States, the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Trust Territory of the Pacific Islands;
(3) "State" means any State of the United States, the
District of Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, or the Trust Territory of the Pacific Is-
lands ;
(4) "Governor" means the chief executive of any State;
(5) "local government" means any county, city, village,
town, district, or other political subdivision of any State, and
includes any rural community or unincorporated town or vil-
lage for which an application for assistance is made by a
State or political subdivision thereof;
(6) "Federal agency" means any department, independent
establishment, Government corporation, or other agency of
the executive branch of the Federal Government, except the
American National Red Cross; and
(7) "Director" means the Director of the Office of Emer-
gency Preparedness.
Pub.L. 91-606, Title I, § 102, Dec. 31,1970, 84 Stat. 1745.
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42 § 4411 EPA CURRENT LAWS—GENERAL
SUBCHAPTER II.—ADMINISTRATION OF DISASTER ASSISTANCE . •
§ 4411. Federal coordinating officer; appointment; functions
(a) Immediately upon his designation of a major disaster area, mm
the President shall appoint a Federal coordinating officer to oper- •
ate under the Office of Emergency Preparedness in such area.
(b) In order to effectuate the purposes of this chapter, the
coordinating officer, within the designated area, shall
(1) make an initial appraisal of the types of relief most
urgently needed;
(2) establish such field offices as he deems necessary and as
are authorized by the Director;
(3) coordinate the administration of relief, including activ-
ities of the American National Red Cross, the Salvation mm
Army, the Mennonite Disaster Service, and other relief or •
disaster assistance organizations which agree to operate
under his advice or direction, except that nothing contained
in this chapter shall limit or in any way affect the responsibil- •
ities of the American National Red Cross under chapter 1 of •
Title 36; and
(4) take such other action, consistent with authority dele-
gated to him by the Director, and consistent with the provi-
sions of this chapter, as he may deem necesary to assist local
citizens and public officials in promptly obtaining assistance
to which they are entitled.
Pub.L. 91-606, Title II, § 201, Dec. 31, 1970, 84 Stat. 1746.
§ 4412. Emergency support teams; detail of personnel of Fed-
eral department or agency
The Director is authorized to form emergency support teams of
Federal personnel to be deployed in a major disaster area. Such
emergency support teams shall assist the Federal coordinating
officer in carrying out his responsibilities pursuant to section
4411 (b) of this title. Upon request of the Director, the head of
any Federal department or agency is authorized to detail to tern-
porary duty with the emergency support teams on either a reim-
bursable or nonreimbursable basis, as is determined necessary by
the discretion of the Director, such personnel within the adminis- B
trative jurisdiction of the head of the Federal department or H
agency as the Director may need or believe to be useful for carry-
ing out the functions of the emergency support teams, each such ••
detail to be without loss of seniority, pay, or other employee sta- H
tus.
Pub.L. 91-606, Title II, § 202, Dec. 31,1970, 84 Stat. 1746.
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DISASTER RELIEF ACT 42 § 4413
§ 4413. Cooperation of Federal agencies in rendering emergency
assistance—Scope of services
(a) In any major disaster, Federal agencies are hereby author-
ized, on direction of the President, to provide assistance by—
(1) utilizing or lending, with or without compensation
therefor, to States and local governments, their equipment,
supplies, facilities, personnel, and other resources, other than
the extension of credit under the authority of any Act;
(2) distributing or rendering, through the American Na-
tional Red Cross, the Salvation Army, the Mennonite Disaster
Service, and other relief and disaster assistance organiza-
tions, or otherwise, medicine, food, and other consumable sup-
plies, or emergency assistance;
(3) donating or lending equipment and supplies determined
in accordance with applicable laws to be surplus to the needs
and responsibilities of the Federal Government to State and
local governments for use or distribution by them for the
purposes of this chapter; and
(4) performing on public or private lands or waters any
emergency work essential for the protection and preservation
of life and property, including—
(A) clearing and removing debris and wreckage in
accordance with section 4434 of this title;
(B) making repairs to, restoring to service, or replac-
ing public facilities (including street, road, and highway
facilities) of State and local governments damaged or
destroyed by a major disaster, except that the Federal
contributions therefor shall not exceed the net cost of
restoring each such facility on the basis of the design of
such facility as it existed immediately prior to the disas-
ter in conformity with current codes, specifications, and
standards;
(C) providing emergency shelter for individuals and
families who, as a result of a major disaster, require
such assistance; and
(D) making contributions to State or local govern-
ments for the purpose of carrying out the provisions of
paragraph (4).
Other Federal assistance not precluded
(b) Emergency work performed under subsection (a) (4) of
this section shall not preclude Federal assistance under any other
section of this chapter.
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42 § 4413 EPA CURRENT LAWS—GENERAL
Reimbursement
(c) Federal agencies may be reimbursed for expenditures under
this chapter from funds appropriated for the purposes of this
chapter. Any funds received by Federal agencies as reimbur.se-
ment for services or supplies furnished under the authority of this
section shall be deposited to the credit of the appropriation or
appropriations currently available for such services or supplies.
Liability of Federal government
(d) The Federal Government shall not be liable for any claim
based upon the exercise or performance or the failure to exercise
or perform a discretionary function or duty on the part of a
Federal agency or an employee of the Federal Government in
carrying out the provisions of this section.
Employment of temporary personnel; incurring of obligations
(e) In carrying out the purposes of this chapter, any Federal
agency is authorized to accept and utilize the services or facilities
of any State or local government, or of any agency, office, or
employee thereof, with the consent of such government. Any Fed-
eral agency, in performing any activities under this section, is
authorized to appoint and fix the compensation of such temporary
personnel as may be necessary, without regard to the provisions of
Title 5 governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter
IIIl of such title relating to classification and General Schedule
pay rates, to employ experts and consultants in accordance with
the provisions of section 3109 of such title, and to incur obliga-
tions on behalf of the United States by contract or otherwise for
the acquisition, rental, or hire of equipment, services, materials,
and supplies for shipping, drayage, travel, and communication,
and for the supervision and administration of such activities. Such
obligations, including obligations arising out of the temporary
employment of additional personnel, may be incurred by an
agency in such amount as may be made available to it by the
President.
Presidential powers; rules and regulations
(f) In the interest of providing maximum mobilization of Fed-
eral assistance under this chapter, the President is authorized to
coordinate in such manner as he may determine the activities of
Federal agencies in providing disaster assistance. The President ••
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DISASTER RELIEF ACT 42 § 4413
may direct any Federal agency, with or without reimbursement, to
utilize its available personnel, equipment, supplies, facilities, and
other resources in accordance with the authority, herein con-
tained. The President may prescribe such rules and regulations as
may be necessary and proper to carry out any of the provisions of
this chapter, and he may exercise any power or authority con-
ferred on him by any section of this chapter either directly or
through such Federal agency as he may designate.
Presidential review of programs
(g) The President, acting through the Office of Emergency Pre-
paredness, shall conduct periodic reviews (at least annually) of
the activities of Federal and State departments or agencies pro-
viding disaster assistance, in order to assure maximum coordina-
tion of such programs, and to evaluate progress being made in the
development of Federal, State, and local preparedness to cope with
major disasters.
Reports to Congress
(h) The Director of the Office of Emergency Preparedness is
authorized and directed to make in cooperation with the heads of
other affected Federal and State agencies, a full and complete
investigation and study for the purpose of determining what addi-
tional or improved plans, procedures, and facilities are necessary
to provide immediately effective action to prevent or minimize
losses of publicly or privately owned property and personal inju-
ries or deaths which could result from fires (forest and grass),
earthquakes, tornadoes, freezes and frosts, tsunami, storm surges
and tides, and floods, which are or threaten to become major
disasters. Not later than one year after December 31, 1970, and
from time to time, the Director of the Office of Emergency Pre-
paredness shall report to Congress the findings of this study and
investigation together with his recommendations with respect
thereto.
Pub.L. 91-606, Title II, § 203, Dec. 31,1970, 84 Stat. 1747.
§ 4414. Use of local firms and individuals
In the expenditure of Federal funds for debris clearance, distri-
bution of supplies, reconstruction, and other major disaster assist-
ance activities which may be carried out by contract with private
organizations, firms, or individuals, preference shall be given, to
the extent feasible and practicable, to those organizations, firms,
and individuals who reside or do business primarily in the disaster
area.
Pub.L. 91-606, Title II, § 204, Dec. 31,1970, 84 Stat. 1748.
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42 § 4415 EPA CURRENT LAWS—GENERAL
§ 4415. Federal grant-in-aid programs H
Any Federal agency charged with the administration of a Fed-
eral grant-in-aid program is authorized, if so requested by the
applicant State or local authorities, to modify or waive, for the
duration of a major disaster proclamation, such administrative
procedural conditions for assistance as would otherwise prevent
the giving of assistance under such programs if the inability to
meet such conditions is a result of the disaster.
Pub.L. 91-606, Title II, § 205, Dec. 31,1970, 84 Stat. 1748.
§ 4416. State disaster plans—Contents
(a) The President is authorized to provide assistance to the
States in developing comprehensive plans and practicable pro-
grams for preparation against major disasters, and for relief and
assistance for individuals, businesses, and local governments fol-
lowing such disasters. Such plans should include long-range recov-
ery and reconstruction, assistance plans for seriously damaged or mm
destroyed public and private facilities. H
Grants for development; limits
(b) The President is authorized to make grants of not more mm
than $250,000 to any State, upon application therefor, for not to H
exceed 50 per centum of the cost of developing such plans and
programs.
Designation of State agency
(c) Any State desiring assistance under this section shall desig-
nate or create an agency which is specially qualified to plan and
administer such a disaster relief program, and shall, through such
agency, submit a State plan to the President, which shall—
(1) set forth a comprehensive and detailed State program
for preparation against, and relief following, a major disas-
ter, including provisions for emergency and long-term assist-
ance to individuals, businesses, and local governments; and
(2) include provision for the appointment of a State coor-
dinating officer to act in cooperation with the Federal coordi-
nating officer appointed under section 4411 of this title.
Reports to President and Congress
(d) From time to time the Director shall make a report to the
President, for submission to the Congress, containing his recom-
mendations for programs for the Federal role in the implementa-
tion and funding of comprehensive disaster relief plans, and such
other recommendations relating to the Federal role in disaster
relief activities as he deems warranted. mm
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DISASTER RELIEF ACT 42 § 4416
Grants for maintenance; limits
(e) The President is authorized to make grants not to exceed 50
per centum of the cost of improving, maintaining, and updating
State disaster assistance plans, except that no such grant shall
exceed $25,000 per annum to any State.
Pub.L. 91-606, Title II, § 206, Dec. 31, 1970, 84 Stat. 1749.
§ 4417. Use and coordination of relief organizations
(a) In providing relief and assistance following a major disas-
ter, the Director may utilize, with their consent, the personnel and
facilities of the American National Red Cross, the Salvation
Army, the Mennonite Disaster Service, and other relief or disaster
assistance organizations, in the distribution of medicine, food,
supplies, or other items, and in the restoration, rehabilitation, or
reconstruction of community services and essential facilities
whenever the Director finds that such utilization is necessary.
(b) The Director is authorized to enter into agreements with
the American National Red Cross, the Salvation Army, the Men-
nonite Disaster Service, and other relief or disaster assistance
organizations under which the disaster relief activities of such
organizations may be coordinated by the Federal coordinating of-
ficer whenever such organizations are engaged in providing relief
during and after a major disaster. Any such agreement shall in-
clude provisions conditioning use of the facilities of the Office of
Emergency Preparedness and the services of the coordinating of-
ficer upon compliance with regulations promulgated by the Direc-
tor under sections 4418 and 4419 of this title, and such other
regulations as the Director may require.
Pub.L. 91-606, Title II, § 207, Dec. 31, 1970, 84 Stat. 1749.
§ 4418. Duplication of benefits
(a) The Director, in consultation with the head of each Federal
agency administering any program providing financial assistance
to persons, business concerns, or other entities suffering losses as
the result of a major disaster, shall assure that no such person,
business concern, or other entity will receive such assistance with
respect to any part of such loss as to which he has received
financial assistance under any other program.
(b) The Director shall assure that no person, business concern,
or other entity receives any Federal assistance for any part of a
loss suffered as the result of a major disaster if such person,
concern, or entity received compensation from insurance or any
other source for that part of such a loss. Partial compensation for
a loss or a part of a loss resulting from a major disaster shall not
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42 § 4418 EPA CURRENT LAWS—GENERAL
preclude additional Federal assistance for any part of such a loss H
not compensated otherwise.
(c) Whenever the Director determines (1) that a person, busi-
ness concern, or other entity has received assistance under "this
chapter for a loss and that such person, business concern or other
entity received assistance for the same loss from another source,
and (2) that the amount received from all sources exceeded the
amount of the loss, he shall direct such person, business concern,
or other entity to pay to the Treasury an amount, not to exceed
the amount of Federal assistance received, sufficient to reimburse
the Federal Government for that part of the assistance which he
deems excessive.
Pub.L. 91-606, Title II, § 208, Dec 31,1970, 84 Stat. 1750.
§ 4419. Nondiscrimination in disaster assistance •
(a) The Director shall issue, and may alter and amend, such
regulations as may be necessary for the guidance of personnel
carrying out emergency relief functions at the site of a major H
disaster. Such regulations shall include provisions for insuring H
that the distribution of supplies, the processing of applications,
and other relief and assistance activities shall be accomplished in
an equitable and impartial manner, without discrimination on the
grounds of race, color, religion, nationality, sex, age, or economic
status prior to a major disaster.
(b) As a condition of participation in the distribution of assist-
ance or supplies under section 4417 of this title, relief organiza-
tions shall be required to comply with regulations relating to non-
discrimination promulgated by the Director, and such other regu-
lations applicable to activities within a major disaster area as he
deems necessary for the effective coordination of relief efforts.
Pub.L. 91-606, Title II, § 209, Dec. 31,1970, 84 Stat. 1750.
§ 4420. Disaster warnings
The President is authorized to utilize or to make available to
Federal, State, and local agencies the facilities of the civil defense
communications system established and maintained pursuant to
section 2281 (c) of Title 50, Appendix, for the purpose of provid-
ing needed warning to governmental authorities and the civilian
population in areas endangered by imminent major disasters.
Pub.L. 91-606, Title II, § 210, Dec. 31,1970, 84 Stat. 1750.
§ 4431. Predisaster assistance
If the President determines that a major disaster is imminent,
he is authorized to use Federal departments, agencies, and instru-
mentalities, and all other resources of the Federal Government to H
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DISASTER RELIEF ACT 42 § 4431
avert or lessen the effects of such disaster before its actual occur-
rence.
Pub.L. 91-606, Title II, § 222, Dec. 31, 1970, 84 Stat. 1751.
§ 4432. Emergency communications
The Director is authorized during, or in anticipation of, an
emergency to establish temporary communications in any major
disaster area in order to carry out the functions of his office, and
to make such communications available to State and local govern-
ment officials and other persons as he deems appropriate.
Pub.L. 91-606, Title II, § 222, Dec. 31, 1970, 84 Stat. 1751.
§ 4433. Emergency transportation
The Director is authorized to provide temporary public trans-
portation service to meet emergency needs in a major disaster
area. Such service will provide transportation to governmental
offices, supply centers, stores, post offices, schools, major employ-
ment centers, and such other places as may be necessary in order
to enable the community to resume its normal pattern of life as
soon as possible.
Pub.L. 91-606, Title II, § 223, Dec. 31,1970, 84 Stat. 1751.
§ 4434. Removal of debris; grants to States; indemnity of Fed-
eral Government from liability
(a) The President, whenever he determines it to be in the
public interest, is authorized—
(1) through the use of Federal departments, agencies, and
instrumentalities, to clear debris and wreckage resulting from
a major disaster from publicly and privately owned lands and
waters.
(2) to make grants to any State or local government for
the purpose of removing debris or wreckage resulting from a
major disaster from publicly or privately owned lands and
waters.
(b) No authority under this section shall be exercised unless the
affected State or local government shall first arrange an uncondi-
tional authorization for removal of such debris or wreckage from
public and private property, and, in the case of removal of debris
or wreckage from private property, shall first agree to indemnify
the Federal Government against any claim arising from such re-
moval.
Pub.L. 91-606, Title II, § 224, Dec. 31,1970, 84 Stat. 1751.
§ 4435. Fire suppression
The President is authorized to provide assistance, including
grants, to any State for the suppression of any fire on publicly or
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42 § 4435 EPA CURRENT LAWS—GENERAL
privately owned forest or grassland which threatens such destruc- H
tion as would constitute a major disaster.
Pub.L. 91-606, Title II, § 225, Dec. 31,1970, 84 Stat. 1751.
§ 4436. Temporary housing assistance—Regulations for rent
and sale; sites for mobile and prefabricated homes
(a) The Director is authorized to provide temporary housing or _
other emergency shelter, including, but not limited to, mobile •
homes or other readily fabricated dwellings for those who, as a
result of such major disaster, require temporary housing or other
emergency shelter, except that for the first twelve months of occu- •
paney no rentals shall be established for any such accommoda- li
tions, thereafter rentals shall be established, based upon fair mar-
ket value of the accommodations being furnished, adjusted to take
into consideration the financial ability of the occupant. Notwith-
standing any other provision of law, any such emergency housing
acquired by purchase may be sold directly to individuals and fami-
lies who are occupants thereof at prices that are fair and equita-
ble. Any mobile home or readily fabricated dwelling shall be
placed on a site complete with utilities provided by State or local
government, or by the owner or occupant of the site who was
displaced by the major disaster, without charge to the United
States. However, the Director may elect to provide other more
economical and accessible sites at Federal expense when he deter-
mines such action to be in the public interest.
Temporary mortgage or rent payments; reemployment assistance
(b) The President is authorized to provide assistance on a tern-
porary basis in the form of mortgage or rental payments to or on
behalf of individuals and families who, as a result of financial
hardship caused by a major disaster, have received written notice —
of dispossession or eviction from a residence by reason of foreclo- H
sure of any mortgage or lien, cancellation of any contract of sale, ™
or termination of any lease, entered into prior to the disaster.
Such assistance shall be provided for a period of not to exceed one •
year or for the duration of the period of financial hardship, which- •
ever is the lesser. The President is authorized for the purposes of
this subsection and in furtherance of the purposes of section 4459 •
of this title, to provide reemployment assistance services under •
other laws to individuals who are unemployed as a result of a
major disaster. ^^
Pub.L. 91-606, Title II, § 226, Dec. 31,1970, 84 Stat. 1751. •
§ 4451. Small business disaster loans
In the administration of the disaster loan program under sec- •
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DISASTER RELIEF ACT 42 § 4451
tion-636 (b) (1), (2), and (4) of Title 15, in the case of property
loss or damage or injury resulting from a major disaster as deter-
mined by the President or a disaster as determined by the Admin-
istrator, the Small Business Administration—
(1) to the extent such loss or damage or injury is not
compensated for by insurance or otherwise, (A) shall, on the
part of any loan in excess of $500, cancel the principal of the
loan, except that the total amount so canceled shall not exceed
$2,500, except that this clause-(A) shall apply only to loans
made to cover losses and damage and injury resulting from
major disasters as determined by the President, and (B) may
defer interest payments or principal payments, or both, in
whole or in part, on any loan made under this section during
the first three years of the term of the loan except that any
such deferred payments shall bear interest at the rate deter-
mined under section 4453 of this title.
(2) to the extent such injury, loss, or damage is not com-
pensated for by insurance or otherwise, may grant any loan
for repair, rehabilitation, or replacement of property dam-
aged, or destroyed, without regard to whether the required
financial assistance is otherwise available from private
sources.
(3) may, in the case of the total destruction or substantial
property damage of a home or business concern, refinance any
mortgage or other liens outstanding against the destroyed or
damaged property if such property is to be repaired, rehabili-
tated, or replaced, except that the amount refinanced shall not
exceed the amount of the physical loss sustained. Any such
refinancing shall be subject to the provisions of clauses (1)
and (2) of this section.
Pub.L. 91-606, Title II, § 231, Dec. 31, 1970, 84 Stat. 1752.
§ 4452. Emergency farm loans
In the administration of the emergency loan program under
sections 1961 to 1967 of Title 7, and the rural housing loan pro-
gram under section 1472 of this title, in the case of loss or dam-
age, resulting from a major disaster as determined by the Presi-
dent, or a natural disaster as determined by the Secretary of
Agriculture—
(1) to the extent such loss or damage is not compensated
for by insurance or otherwise, (A) shall, on that part of any
loan in excess of $500, cancel the principal of the loan, except
that the total amount so canceled shall not exceed $2,500,
except that this clause (A) shall apply only to loans made to
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42 § 4452 EPA CURRENT LAWS—GENERAL
cover losses and damage resulting from major disasters as •
determined by the President, and (B) may defer interest ™
payments or principal payments, or both, in whole or in part,
on any loan made under this section during the first three •
years of the term of the loan, except that any such deferred •
payments shall bear interest at the rate determined under
section 4453 of this title. M
(2) to the extent such injury, loss, or damage is not com- •
pensated for by insurance or otherwise, may grant any loan
for repair, rehabilitation, or replacement of property dam-
aged or destroyed, without regard to whether the required
financial assistance is otherwise available from private
sources.
(3) may, in the case of the total destruction or substantial
property damage of homes or farm service buildings and re-
lated structures and equipment, refinance any mortgage or
other liens outstanding against the destroyed or damaged
property if such property is to be repaired, rehabilitated, or
replaced, except that the amount refinanced shall not exceed
the amount of the physical loss sustained. Any such refinanc-
ing shall be subject to the provisions of clauses (1) and (2) B
of this section. •
Pub.L. 91-606, Title II,§ 232, Dec. 31,1970, 84 Stat. 1753.
§ 4453. Disaster loan interests rates HJ
Any loan made under sections 4451, and 4452 of this title shall Hi
not exceed the current cost of repairing or replacing the disaster
injury, loss, or damage in conformity with current codes and spec- Bj
ifications. Any loan made under sections 4451, 4452, 4455 (b) and HJ
4456 of this title shall bear interest at a rate determined by the
Secretary of the Treasury, taking into consideration the current ^
average market yield on outstanding marketable obligations of the H
United States with remaining periods to maturity of ten to twelve
years reduced by not to exceed 2 percentum per annum. In no
event shall any loan made under this section bear interest at a rate II
in excess of 6 per centum per annum. •
Pub.L. 91-606, Title II, § 234, Dec. 31, 1970, 84 Stat. 1754.
§ 4454. Age of applicant for loans H
In the administration of any Federal Disaster loan program Hi
under the authority of section 4451, 4452 of this title, or 233 of
this Act, the age of any adult loan applicant shall not be consid- H
ered in determining whether such loan should be made or the •
amount of such loan.
Pub.L. 91-606, Title II, § 235, Dec. 31,1970, 84 Stat. 1754. __
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DISASTER RELIEF ACT 42 § 4455
*
§ 4455. Rescheduling and refinancing of federal loans
(a) In addition to the loan extension authority provided in
section 912 of Title 7, the Secretary of Agriculture is authorized
to adjust and readjust the schedules for payment of principal and
interests on loans to borrowers under programs administered by
the Rural Electrification Administration, and to extend the matu-
rity date of any such loan to a date not beyond forty years from
the date of such loan where he determines such action is necessary
because of the impairment of the economic feasibility of the sys-
tem, or the loss, destruction, or damage of the property of such
borrowers as a result of a major disaster.
(b) The Secretary of Housing and Urban Development is au-
thorized to refinance any note or other obligation which is held by
him in connection with any loan made by the Department of Hous-
ing and Urban Development or its predecessor in interest, or
which is included within the revolving fund for liquidating pro-
grams established by the Independent Offices Appropriation Act of
1955, where he finds such refinancing necessary because of the
loss, destruction, or damage (as a result of a major disaster) to
property or facilities securing such obligations. The Secretary
may authorize a suspension in the payment of principal and inter-
est charges on, and an additional extension in the maturity of, any
such loan for a period not to exceed five years if he determines
that such action is necessary to avoid severe financial hardship.
Pub.L. 91-606, Title II, § 236, Dec. 31,1970, 84 Stat. 1754.
§ 4456. Aid to major sources of employment
(a) The Small Business Administration in the case of a non-
agricultural enterprise, and the Farmers Home Administration in
the case of an agricultural enterprise, are authorized to provide
any industrial, commercial, agricultural, or other enterprise,
which has constituted a major source of employment in an area
suffering a major disaster and which is no longer in substantial
operation as a result of such disaster, a loan in such amount as
may be necessary to enable such enterprise to resume operations
in order to assist in restoring the economic viability of the disas-
ter area. Loans authorized by this section shall be made without
regard to limitations on the size of loans which may otherwise be
imposed by any other provision of law or regulation promulgated
pursuant thereto.
(b) Assistance under this section shall be in addition to any
other Federal disaster assistance, except that such other assist-
ance may be adjusted or modified to the extent deemed appropri-
ate by the Director under the authority of section 4418 of this
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42 § 4456 EPA CURRENT LAWS—GENERAL
title. Any loan made under this section shall be subject to the •
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interest requirements of section 4453 of this title, but the Presi-
dent, if he deems it necessary, may defer payments of principal
and interest for a period not to exceed three years after the date
of the loan. Any such deferred payments shall bear interest at the
rate determined under section 4453 of this title.
Pub.L. 91-606, Title II, § 237, Dec. 31, 1970, 84 Stat. 1754. _
§ 4457. Food stamp and surplus commodities program—Persons ™
eligible; terms and conditions
(a) Whenever the President determines that, as a result of a
major disaster, low-income households are unable to purchase ade-
quate amounts of nutritious food, he is authorized, under such
terms and conditions as he may prescribe, to distribute through the M
Secretary of Agriculture coupon allotments to such households |l
pursuant to the provisions of the Food Stamp Act of 1964 and to
make surplus commodities available pursuant to the provisions of ^_
section 4413 of this title. •
Duration of assistance; factors considered
(b) The President, through the Secretary of Agriculture, is
authorized to continue to make such coupon allotments and sur-
plus commodities available to such households for so long as he
determines necessary, taking into consideration such factors as he
deems appropriate, including consequences of the major disaster
on the earning power of the households to which assistance is
made available under this section.
Food stamp provisions unaffected
(c) Nothing in this section shall be construed as amending or
otherwise changing the provisions of the Food Stamp Act of 1964
except as they relate to the availability of food stamps in a major
disaster area.
Pub.L. 91-606, Title II, § 238, Dec. 31, 1970, 84 Stat. 1755.
§ 4458. Legal services
Whenever the Director determines that low-income individuals
are unable to secure legal services adequate to meet their needs as
a consequence of a major disaster, consistent with the goals of the
programs authorized by this chapter, the Director shall assure
that such programs are conducted with the advice and assistance M
of appropriate Federal agencies and State and local bar associa- •
tions.
Pub.L. 91-606, Title II, § 239, Dec. 31, 1970, 84 Stat. 1755. —
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DISASTER REUIEF ACT 42 § 4459
§ 4459. Unemployment assistance; limitation of amount and
duration to payments under State unemployment compensation;
reduction of payments
The President is authorized to provide to any individual unem-
ployed as a result of a major disaster, such assistance as he deems
appropriate while such individual is unemployed. Such assistance
as the President shall provide shall not exceed to l maximum
amount and the maximum duration of payment under the unem-
ployment compensation program of the State in which the disaster
occurred, and the amount of assistance under this section to any
such individual shall be reduced by any amount of unemployment
compensation or of private income protection insurance compensa-
tion available to such individual for such period of unemployment.
Pub.L. 91-606, Title II, § 240, Dec. 31,1970, 84 Stat. 1755.
§ 4460. Community disaster grants to local governments; limits;
computation of loss
The President is authorized to make grants to any local govern-
ment which, as the result of a major disaster, has suffered a
substantial loss of property tax revenue (both real and personal).
Grants made under this section may be made for the tax year in
which the disaster occurred and for each of the following two tax
years. The grant for any tax year shall not exceed the difference
between the annual average of all property tax revenues received
by the local government during the three-tax-year period immedi-
ately preceding the tax year in which the major disaster occurred
and the actual property tax revenue received by the local govern-
ment for the tax year in which the disaster occurred and for each
of the two tax years following the major disaster but only if there
has been no reduction in the tax rates and the tax assessment
valuation factors of the local government. If there has been a re-
duction in the tax rates or the tax assessment valuation factors
then, for the purpose of determining the amount of a grant under
this section for the year or years when such reduction is in effect,
the President shall use the tax rates and tax assessment valuation
factors of the local government in effect at the time of the disaster
without reduction, in order to determine the property tax revenues
which would have been received by the local government but for
such reduction.
Pub.L. 91-606, Title II, § 241, Dec. 31,1970, 84 Stat. 1756.
§ 4461. Timber sale contracts—Cost-sharing arrangement
(a) Where an existing timber sale contract between the Secre-
1 So in original.
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42 § 4461 EPA CURRENT LAWS—GENERAL
tary of Agriculture or the Secretary of the Interior and a timber •
purchaser does not provide relief from major physical change riot ^
due to negligence of the purchaser prior to approval of construc-
tion of any section of specified road or of any other specified
development facility and, as a result of a major disaster, a major
physical change results in additional construction work in connec-
tion with such road or facility by such purchaser with an esti-
mated cost, as determined by the appropriate Secretary, (1) of
more than $1,000 for sales under one million board feet, (2) of
more than $1 per thousand board feet for sales of one of three
million board feet, or (3) of more than $3,000 for sales over three •
million board feet, such increased construction cost shall be borne •§
by the United States.
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Cancellation of authority
(b) If the Secretary determines that damages are so great that
restoration, reconstruction, or construction is not practical under
the cost-sharing arrangement authorized by subsection (a) of this
section, the Secretary may allow cancellation of the contract not-
withstanding contrary provisions therein.
Public notice of sale
(c) The Secretary of Agriculture is authorized to reduce to
seven days the minimum period of advanced public notice required
by section 476 of Title 16, in connection with the sale of timber
from national forests, whenever the Secretary determines that
(1) the sale of such timber will assist in the construction of any
area of a State damaged by a major disaster, (2) the sale of such
timber will assist in sustaining the economy of such area, or (3)
the sale of such timber is necessary to salvage the value of timber
damaged in such major disaster or to protect undamaged timber.
State grants for removal of damaged timber; reimbursement of
expenses limited to salvage value of removed timber
(d) The President, when he determines it to be in the public
interest, and acting through the Director of Emergency Prepared-
ness, is authorized to make grants to any State or local govern-
ment for the purpose of removing from privately owned lands
timber damaged as a result of a major disaster, and such State or
local government is authorized upon application, to make pay-
ments out of such grants to any person for reimbursement of
expenses actually incurred by such person in the removal of dam- ••
aged timber, not to exceed the amount that such expenses exceed H
the salvage value of such timber.
Pub.L. 91-606, Title II, § 242, Dec. 31,1970, 84 Stat. 1756.
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DISASTER RELIEF ACT 42 § 4462
§ 4462. Standards for residential structure restoration
No loan or grant made by any relief organization operating
under- the supervision of the Director, for the repair, restoration,
reconstruction, or replacement of any residential structure located
in a major disaster area shall be made unless such structure will
be repaired, restored, reconstructed, or replaced in accordance
with applicable standards of safety, decency, and sanitation and in
conformity with applicable building codes and specifications.
Pub.L. 91-606, Title II, § 243, Dec. 31, 1970, 84 Stat. 1757.
§ 4481. Repair and restoration of damaged United States facili-
ties ; availability of funds
The President may authorize any Federal agency to repair, re-
construct, restore, or replace any facility owned by the United
States and under the jurisdiction of such agency which is dam-
aged or destroyed by any major disaster if he determines that
such repair, reconstruction, restoration, or replacement is of such
importance and urgency that it cannot reasonably be deferred
pending the enactment of specific authorizing legislation or the
making of an appropriation for such purposes. In order to carry
out the provisions of this section, such repair, reconstruction, res-
toration, or replacement may be begun notwithstanding a lack or
an insufficiency of funds appropriated for such purpose, where
such lack or insufficiency can be remedied by the transfer, in
accordance with law, of funds appropriated to that agency for
another purpose.
Pub.L. 91-606, Title II, § 251, Dec. 31,1970, 84 Stat. 1757.
§ 4482. Restoration of State and local public facilites—Eligible
costs
(a) The President is authorized to make contributions to State
or local governments to repair, restore, reconstruct, or replace
public facilities belonging to such State or local governments
which were damaged or destroyed by a major disaster, except that
the Federal contribution therefor shall not exceed 100 per centum
of the net cost of repairing, restoring, reconstructing, or replacing
any such facility on the basis of the design of such facility as it
existed immediately prior to such disaster and in conformity with
applicable codes, specifications, and standards.
Public facilities under completion at the time of disaster
(b) In the case of any such public facilities which were in the
process of construction when damaged or destroyed by a major
disaster, the Federal contribution shall not exceed 50 per centum
of the net costs of restoring such facilities substantially to their
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42 § 4482 EPA CURRENT LAWS—GENERAL
prior to such disaster condition and of completing construction not •
performed prior to the major disaster to the extent the increase of ™
such cost over the original construction cost is attributable to
changed conditions resulting from a major disaster. tt|
Definition ••
(c) For the purposes of this section "public facility" includes
any flood control, navigation, irrigation, reclamation, public power,
sewage treatment and collection, water supply and distribution,
watershed development, or airport facility, any non-Federal-aid
street, road, or highway, and any other public building, structure
or system, other than one used exclusively for recreation purposes.
Pub.L. 91-606, Title II, § 252, Dec. 31, 1970, 84 Stat. 1757.
§ 4483. Priority to applications for public facility and public M
housing assistance in major disaster areas •
In the processing of applications for assistance, priority and ^
immediate consideration may be given, during such period, not to
exceed six months, as the President shall prescribe by proclama- •
tion, to applications from public bodies situated in major disaster Hi
areas, under the following Acts:
(1) title II of the Housing Amendments of 1955, or any
other Act providing assistance for repair, construction, or
extension of public facilities;
(2) the United States Housing Act of 1937 for the provi-
sion of low-rent housing;
(3) section 462 of Title 40 for assistance in public works
planning;
(4) section 3102 of this title providing for grants for pub-
lie facilities; or
(5) section 1926 of Title 7.
Pub.L. 91-606, Title II, § 253, Dec. 31,1970, 84 Stat. 1758. g|
§ 4484. Relocation assistance VI
Notwithstanding any other provision of law, no person other-
wise eligible for any kind of relocation assistance payment author-
ized under section 1465 of this title shall be denied such eligibility
as result of his being unable, because of a major disaster as
determined by the President, to reoccupy property from which he
was displaced by such disaster.
Pub.L. 91-606, Title II, § 254, Dec. 31, 1970, 84 Stat. 1758.
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INTEREST ON CERTAIN GOVERNMENT OBLIGATIONS
§ 103. Interest on certain governmental obligations
(a) General rule.—Gross-income does not include interest on—
(1) the obligations of a State, a Territory, or a possession
of the United States, or any political subdivision of any of the
foregoing, or of the District of Columbia;
(2) the obligations of the United States; or
(3) the obligations of a corporation organized under Act of
Congress, if such corporation is an instrumentality of the
United States and if under the respective Acts authorizing
the issue of the obligations the interest is wholly exempt from
the taxes imposed by this subtitle.
(b) Exception.—Subsection (a) (2) shall not apply to interest
on obligations of the United States issued after September 1,1917
(other than postal savings certificates of deposit, to the extent
they represent deposits made before March 1, 1941), unless under
the respective Acts authorizing the issuance thereof such interest
is wholly exempt from the taxes imposed by this subtitle.
(c) Industrial development bonds.—
(1) Subsection (a) (1) not to apply.—Except as otherwise
provided in this subsection, any industrial development bond
shall be treated as an obligation not described in subsection
(a) (1).
(2) Industrial development bond.—For purposes of this
subsection, the term "industrial development bond" means
any obligation—
(A) which is issued as part of an issue all or a major
portion of the proceeds of which are to be used directly
or indirectly in any trade or business carried on by any
person who is not an exempt person (within the meaning
of paragraph (3)), and
(B) the payment of the principal or interest on which
(under the terms of such obligation or any underlying
arrangement) is, in whole or in major part—
(i) secured by any interest in property used or to
be used in a trade or business or in payments in
respect of such property, or
(ii) to be derived from payments in respect of
property, or borrowed money, used or to be used in a
trade or business.
(3) Exempt person—For purposes of paragraph (2) (A),
the term "exempt person" means—
(A) a governmental unit, or
73 R»v.-19
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26 § 103 EPA CURRENT LAWS—GENERAL
(B) an organization described in section 501 (c) (3) and HJ
exempt from tax under section 501 (a) (but only with respect
to a trade or business carried on by such organization which _
is not an unrelated trade or business, determined by applying H
section 513(a) to such organization).
(4) Certain exempt activities.—Paragraph (1) shall not apply
to any obligation which is issued as part of an issue substantially •
all of the proceeds of which are to be used to provide— HI
(A) residential real property for family units,
(B) sports facilities,
(C) convention or trade show facilities,
(D) airports, docks, wharves, mass commuting facilities,
parking facilities, or storage for training facilities directly
related to any of the foregoing,
(E) sewage or solid waste disposal facilities or facilities
for the local furnishing of electric energy or gas,
(F) air or water pollution control facilities, or,
(G) facilities for furnishing of water, if available on rea-
sonable demand to members of the general public.
Aug. 16, 1954, c. 736, 68A Stat. 29; Dec. 10, 1971, Pub.L. 92-178,
Title III, § 315(a), 85 Stat. 529.
73 Rev.-20
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UNIFORM RELOCATION ASSISTANCE AND REAL PROP-
ERTY ACQUISITION POLICIES FOR FEDERAL AND
FEDERALLY ASSISTED PROGRAMS
SUBCHAPTER I.—GENERAL PROVISIONS
Sec.
4601. Definitions.
4602. Effect upon property acquisition.
SUBCHAPTER II.—UNIFORM RELOCATION ASSISTANCE
4621. Declaration of policy.
4622. Moving and related expenses.
(a) General provision.
(b) Displacement from dwelling; election of payments; moving ex-
pense and dislocation allowance.
(c) Displacement from business or farm operation; election of pay-
ments; limitations; eligibility for business payments; "average
annual net earnings" defined.
4623. Replacement housing for homeowner; mortgage insurance.
4624. Replacement housing for tenants and certain others.
4625. Relocation assistance advisory services.
(a) Program for displaced persons and economically injured occu-
pants of adjacent property.
(b) Cooperation between assisting and displacing agencies to assure
maximum assistance.
(c) Measures, facilities, or services; description.
(d) Coordination of relocation activities with project work and gov-
ernmental actions in the community or nearby areas affecting
carrying out relocation assistance programs.
4626. Housing replacement by Federal agency as last resort.
4627. State required to furnish real property incident to Federal assistance
(local cooperation).
4628. State acting as agent for Federal program.
4629. Public works programs and projects of District of Columbia govern-
ment and Washington Metropolitan Area Transit Authority.
4630. Requirements for relocation payments and assistance of Federally
assisted program; assurance of availability of housing.
4631. Federal share of costs.
4632. Administration; relocation assistance in programs receiving Federal
financial assistance.
4633. Regulations and procedures.
4634. Annual report to President; Presidential report to Congress.
4635. Planning and other preliminary expenses for additional housing.
4636. Payments not to be considered as income for revenue purposes or for
eligibility for assistance under Social Security Act or other Federal
law.
4637. Displacement by code enforcement, rehabilitation, and demolition pro-
grams receiving Federal assistance.
4638. Transfers of surplus property.
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SUBCHAPTER I.—GENERAL PROVISIONS
4601. Definitions
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42 § 4601 EPA CURRENT LAWS—GENERAL
Sec.
4651. Uniform policy on real property acquisition practices.
4652. Buildings^ structures, and improvements.
4653. Expenses incidental to transfer of title to United States.
4654. Litigation expenses.
4655. Requirements for uniform land acquisition policies; payments of ex-
penses incidental to transfer of real property to State; payment of
litigation expenses in certain cases.
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As used in this chapter— _
(1) The term "Federal agency" means any department, agency, •
or instrumentality in the executive branch of the Government
(except the National Capital Housing Authority), any wholly
owned Government corporation (except the District of Columbia •
Redevelopment Land Agency), and the Architect of the Capitol, ™
the Federal Reserve banks and branches thereof.
(2) The term "State" means any of the several States of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, any territory or possession of the United States, the
Trust Territory of the Pacific Islands, and any political subdivi-
sion thereof.
(3) The term "State agency" means the National Capital Hous-
ing Authority, the District of Columbia Redevelopment Land
Agency, and any department, agency, or instrumentality of a
State or of a political subdivision of a State, or any department,
agency, or instrumentality of two or more States or of two or
more political subdivisions of a State or States.
(4) The term "Federal financial assistance" means a grant,
loan, or contribution provided by the United States, except any
Federal guarantee or insurance and any annual payment or capi- jm
tal loan to the District of Columbia. •
(5) The term "person" means any individual, partnership, cor-
poration, or association. M
(6) The term "displaced person" means any person who, on or •
after January 2, 1971, moves from real property, or moves his
personal property from real property, as a result of the acquisi-
tion of such real property, in whole or in part, or as the result of H
the written order of the acquiring agency to vacate real property, •§
for a program or project undertaken by a Federal agency, or with
Federal financial assistance; and solely for the purposes of sec- •
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42 § 4621 EPA CURRENT LAWS—GENERAL
I SupcHAPTER II.—UNIFORM RELOCATION ASSISTANCE
§ 4621. Declaration of policy
The purpose of this subchapter is to establish a uniform policy
for the fair and equitable treatment of persons displaced as a
result of Federal and federally assisted programs in order that
!such persons shall not suffer disproportionate injuries as a result
of programs designed for the benefit of the public as a whole.
Pub.L. 91-646, Title II, § 201, Jan. 2, 1971, 84 Stat. 1895.
:§ 4622. Moving and related expenses—General provision
(a) Whenever the acquisition of real property for a program or
project undertaken by a Federal agency in any State will result in
the displacement of any person on or after January 2, 1971, the
head of such agency shall make a payment to any displaced per-
son, upon proper application as approved by such agency head,
for—
(1) actual reasonable expenses in moving himself, his fam-
ily, business, farm operation, or other personal property;
(2) actual direct losses of tangible personal property as a
result of moving or discontinuing a business or farm opera-
tion, but not to exceed an amount equal to the reasonable
expenses that would have been required to relocate such prop-
erty, as determined by the head of the agency; and
(3) actual reasonable expenses in searching for a replace-
ment business or farm.
Displacement from dwelling; election of payments; moving
expense and dislocation allowance
(b) Any displaced person eligible for payments under subsec-
tion (a) of this section who is displaced from a dwelling and who
elects to accept the payments authorized by this subsection in lieu
of the payments authorized by subsection (a) of this section may
receive a moving expense allowance, determined according to a
schedule established by the head of the Federal agency, not to
exceed $300; and a dislocation allowance of $200.
Displacement from business or farm operation; election of payments; limita-
tions; eligibility for business payments; "average annual net earnings"
defined
(c) Any displaced person eligible for payments under subsection
(a) of this section who is displaced from his place of business or
from his farm operation and who elects to accept the payment
authorized by this subsection in lieu of the payment authorized by
subsection (a) of this section, may receive a fixed payment in an
amount equal to the average annual net earnings of the business
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UNIFORM RELOCATION ACT 42 § 4601
tions 4622(a) and (b) and 4625 of this title, as a resylt of the
acquisition of or as the result of the written order of the acquiring
agency to vacate other real property, on which such person con-
ducts a business or farm operation, for such program or project.
(7) The term "business" means any lawful activity, excepting a
farm operation, conducted primarily— _
(A) for the purchase, sale, lease and rental of personal and H
real property, and for the manufacture, processing, or mar-
keting of products, commodities, or any other personal prop-
erty; •
(B) for the sale of services to the public; ™
(C) by a nonprofit organization; or
(D) solely for the purposes of section 4622(a) of this title, •
for assisting in the purchase, sale, resale, manufacture, proc- ™
essing, or marketing of products, commodities, personal prop-
erty, or services by the erection and maintenance of an out-
door advertising display or displays, whether or not such
display or displays are located on the premises on which any
of the above activities are conducted.
(8) The term "farm operation" means any activity conducted
solely or primarily for the production of one or more agricultural
products or commodities, including timber, for sale or home use,
and customarily producing such products or commodities in suffi-
cient quantity to be capable of contributing materially to the oper-
ator's support.
(9) The term "mortgage" means such classes of liens as are
commonly given to secure advances on, or the unpaid purchase
price of, real property, under the laws of the State in which the
real property is located, together with the credit instruments, if
any, secured thereby.
Pub.L. 91-646, Title I, § 101, Jan. 2,1971, 84 Stat. 1894.
§ 4602. Effect upon property acquisition
(a) The provisions of section 4651 of this title create no rights
or liabilities and shall not affect the validity of any property
acquisitions by purchase or condemnation.
(b) Nothing in this chapter shall be construed as creating in
any condemnation proceedings brought under the power of emi-
nent domain, any element of value or of damage not in existence
immediately prior to January 2,1971.
Pub.L. 91-646, Title I, § 102, Jan. 2,1971, 84 Stat. 1895.
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UNIFORM RELOCATION ACT 42 § 4622
or farm operation, except that such payment shall be not less than
$2,500 nor more than $10,000. In the case of a business no pay-
ment, shall be made under this subsection unless the head of the
Federal agency is satisfied that the business (1) cannot be relo-
cated without a substantial loss of its existing patronage, and (2)
is not a part of a commercial enterprise having at least one other
establishment not being acquired by the United States, which is
engaged in the same or similar business. For purposes of this
subsection, the term "average annual net earnings" means one-
half of any net earnings of the business or farm operation, before
Federal, State and local income taxes, during the two taxable
years immediately preceding the taxable year in which such busi-
ness or farm operation moves from the real property acquired for
such project, or during such other period as the head of such
agency determines to be more equitable for establishing such earn-
ings, and includes any compensation paid by the business or farm
operation to the owner, his spouse, or his dependents during such
period.
Pub.L. 91-646, Title II, § 202, Jan. 2, 1971, 84 Stat. 1895.
§ 4623. Replacement housing for homeowner; mortgage insur-
ance
(a) (1) In addition to payments otherwise authorized by this
subchapter, the head of the Federal agency shall make an addi-
tional payment not in excess of $15,000 to any displaced person
who is displaced from a dwelling actually owned and occupied by
such displaced person for not less than one hundred and eighty
days prior to the initiation of negotiations for the acquisition of
the property. Such additional payment shall include the following
elements:
(A) The amount, if any, which when added to the acquisition
cost of the dwelling acquired by the Federal agency, equals the
reasonable cost of a comparable replacement dwelling which is a
decent, safe, and sanitary dwelling adequate to accommodate such
displaced person, reasonably accessible to public services and
places of employment and available on the private market. All
determinations required to carry out this subparagraph shall be
made in accordance with standards established by the head of the
Federal agency making the additional payment.
(B) The amount, if any, which will compensate such displaced
person for any increased interest costs which such person is re-
quired to pay for financing the acquisition of any such comparable
replacement dwelling. Such amount shall be paid only if the dwell-
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42 § 4623 EPA CURRENT LAWS—GENERAL
ing acquired by the Federal agency was encumbered by a bona fide
mortgage which was a valid lien on such dwelling for not less than
one hundred and eighty days prior to the initiation of negotiations
for the acquisition of such dwelling. Such amount shall be equal to
the excess in the aggregate interest and other debt service costs of
that amount of the principal of the mortgage on the replacement
dwelling which is equal to the unpaid balance of the mortgage on «
the acquired dwelling, over the remainder term of the mortgage H
on the acquired dwelling, reduced to discounted present value. The
discount rate shall be the prevailing interest rate paid on savings
deposits by commercial banks in the general area in which the H
replacement dwelling is located. ™*
(C) Reasonable expenses incurred by such displaced person for
evidence of title, recording fees, and other closing costs incident to fl|
the purchase of the replacement dwelling, but not including pre- •§
paid expenses.
(2) The additional payment authorized by this subsection shall
be made only to such a displaced person who purchases and occu-
pies a replacement dwelling which is decent, safe, and sanitary not
later than the end of the one year period beginning on the date on
which he receives from the Federal agency final payment of all
costs of the acquired dwelling, or on the date on which he moves
from the acquired dwelling, whichever is the later date.
(b) The head of any Federal agency may, upon application by a
mortgagee, insure any mortgage (including advances during con-
struction) on a comparable replacement dwelling executed by a
displaced person assisted under this section, which mortgage is
eligible for insurance under any Federal law administered by such
agency notwithstanding any requirements under such law relating
to age, physical condition, or other personal characteristics of
eligible mortgagors, and may make commitments for the insur-
ance of such mortgage prior to the date of execution of the mort-
gage. H
Pub.L. 91-646, Title II, § 203, Jan. 2, 1971, 84 Stat. 1896. •
§ 4624. Replacement housing for tenants and certain others
In addition to amounts otherwise authorized by this subchapter, ••
the head of the Federal agency shall make a payment to or for any H
displaced person displaced from any dwelling not eligible to re-
ceive a payment under section 4623 of this title which dwelling _
was actually and lawfully occupied by such displaced person for •
not less than ninety days prior to the initiation of negotiations for "
acquisition of such dwelling. Such payment shall be either—
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UNIFORM RELOCATION ACT 42 § 4624
(1) the amount necessary to enable such displaced person
to lease or rent for a period not to exceed four years, a decent,
safe, and sanitary dwelling of standards adequate to accom-
modate such person in areas not generally less desirable in
regard to public utilities and public and commercial facilities,
and reasonably accessible to his place of employment, but not
to exceed $4,000, or
(2) the amount necessary to enable such person to make a
downpayment (including incidental expenses described in sec-
tion 4623(a) (1) (C) of this title) on the purchase of a
decent, safe, and sanitary dwelling of standards adequate to
accommodate such person in areas not generally less desirable
in regard to public utilities and public and commercial facili-
ties, but not to exceed $4,000, except that if such amount
exceeds $2,000, such person must equally match any such
amount in excess of $2,000, in making the downpayment.
Pub.L. 91-646, Title II, § 204, Jan. 2,1971, 84 Stat. 1897.
§ 4625. Relocation assistance advisory services—Program for
displaced persons and economically injured occupants of adjacent
property
(a) Whenever the acquisition of real property for a program or
project undertaken by a Federal agency in any State will result in
the displacement of any person on or after January 2, 1971, the
head of such agency shall provide a relocation assistance advisory
program for displaced persons which shall offer the services de-
scribed in subsection (c) of this section. If such agency head
determines that any person occupying property immediately adja-
cent to the real property acquired is caused substantial economic
injury because of the acquisition, he may offer such person reloca-
tion advisory services under such program.
Cooperation between assisting and displacing agencies to
assure maximum assistance
(b) Federal agencies administering programs which may be of
assistance to displaced persons covered by this chapter shall coop-
erate to the maximum extent feasible with the Federal or State
agency causing the displacement to assure that such displaced
persons receive the maximum assistance available to them.
Measures, facilities, or services; description
(c) Each relocation assistance advisory program required by
subsection (a) of this section shall include such measures, facili-
ties, or services as may be necessary or appropriate in order to—
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42 § 4625 EPA CURRENT LAWS—GENERAL
(1) determine the need, if any, of displaced persons^ for
relocation assistance;
(2) provide current and continuing information on the
availability, prices, and rentals, of comparable decent, safe,
and sanitary sales and rental housing, end of comparable
commercial properties and locations for displaced businesses;
(3) assure that, within a reasonable period of time, prior to
displacement there will be available in areas not generally
less desirable in regard to public utilities and public and com-
mercial facilities and at rents or prices within the financial
means of the families and individuals displaced, decent, safe, •
and sanitary dwellings, as defined by such Federal agency •
head, equal in number to the number of and available to such
displaced persons who require such dwellings and reasonably
accessible to their places of employment, except that the head
of that Federal agency may prescribe by regulation situations
when such assurances may be waived; ••
(4) assist a displaced person from his business or farm •
operation in obtaining and becoming established in a suitable
replacement location;
(5) supply information concerning Federal and State hous-
ing programs, disaster loan programs, and other Federal or
State programs offering assistance to displaced persons; and
(6) provide other advisory services to displaced persons in II
order to minimize hardships to such persons in adjusting to V
relocation.
Coordination of relocation activities with project work and governmental
actions in the community or nearby areas affecting carrying out relocation
assistance programs
(d) The heads of Federal agencies shall coordinate relocation
activities with project work, and other planned or proposed gov-
ernmental actions in the community or nearby areas which may
affect the carrying out of relocation assistance programs.
Pub.L. 91-646, Title II, § 205, Jan. 2, 1971, 84 Stat. 1897.
§ 4626. Housing replacement by Federal agency as last resort
(a) If a Federal project cannot proceed to actual construction
because comparable replacement sale or rental housing is not
available, and the head of the Federal agency determines that such
housing cannot otherwise be made available he may take such ^^
action as is necessary or appropriate to provide such housing by •
use of funds authorized for such project. ™
(b) No person shall be required to move from his dwelling on or
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UNIFORM RELOCATION ACT 42 § 4626
after January 2, 1971, on account of any Federal project, unless
the Federal agency head is satisfied that replacement housing, in
accordance with section 4625(c) (3) of this title, is available to
such person.
Pub.L. 91-646, Title II, § 206, Jan. 2,1971, 84 Stat. 1898.
§ 4627. State required to furnish real property incident to Fed-
eral assistance (local cooperation)
Whenever real property is acquired by a State agency and fur-
nished as a required contribution incident to a Federal program or
project, the Federal agency having authority over the program or
project may not accept such property unless such State agency has
made all payments and provided all assistance and assurances, as
are required of a State agency by sections 4630 and 4655 of this
title. Such State agency shall pay the cost of such requirements in
the same manner and to the same extent as the real property
acquired for such project, except that in the case of any real
property acquisition or displacement occurring prior to July 1,
1972, such Federal agency shall pay 100 per centum of the first
$25,000 of the cost of providing such payments and assistance.
Pub.L. 91-646, Title II, § 207, Jan. 2, 1971, 84 Stat. 1898.
§ 4628. State acting as agent for Federal program
Whenever real property is acquired by a State agency at the
request of a Federal agency for a Federal program or project,
such acquisition shall, for the purposes of this chapter, be deemed
an acquisition by the Federal agency having authority over such
program or project.
Pub.L. 91-646, Title II, § 208, Jan. 2, 1971, 84 Stat. 1899.
§ 4629. Public works programs and projects of District of Col-
umbia government and Washington Metropolitan Area Transit
Authority
Whenever real property is acquired by the government of the
District of Columbia or the Washington Metropolitan Area
Transit Authority for a program or project which is not subject to
sections 4630 and 4631 of this title, and such acquisition will
result in the displacement of any person on or after January 2,
1971, the Commissioner of the District of Columbia or the Wash-
ington Metropolitan Area Transit Authority, as the case may be,
shall make all relocation payments and provide all assistance re-
quired of a Federal agency by this chapter. Whenever real prop-
erty is acquired for such a program or project on or after January
2, 1971, such Commissioner or Authority, as the case may be, shall
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42 § 4629 EPA CURRENT LAWS—GENERAL
make all payments and meet all requirements prescribed for a
Federal agency by subchapter III of this chapter.
Pub.L. 91-646, Title II, § 209, Jan. 2,1971, 84 Stat. 1899.
§ 4630. Requirements for relocation payments and assistance of
Federally assisted program; assurances of availibility of housing
Notwithstanding any other law, the head of a Federal agency
shall not approve any grant to, or contract or agreement with, a
State agency, under which Federal financial assistance will be
available to pay all or part of the cost of any program or project
which will result in the displacement of any person on or after
January 2, 1971, unless he receives satisfactory assurances from
such State agency that—
(1) fair and reasonable relocation payments and assistance
shall be provided to or for displaced persons, as are required
to be provided by a Federal agency under sections 4622, 4623,
and 4624 of this title;
(2) relocation assistance programs offering the services de-
scribed in section 4625 of this title shall be provided to such
displaced persons;
(3) within a reasonable period of time prior to displace-
ment, decent, safe, and sanitary replacement dwellings will be
available to displaced persons in accordance with section
4625 (c) (3) of this title. M
Pub.L. 91-646, Title II, § 210, Jan. 2, 1971, 84 Stat. 1899. •
§ 4631. Federal share of costs
(a) The cost to a State agency of providing payments and ^
assistance pursuant to sections 4626, 4630, 4635, and 4655 of this •
title, shall be included as part of the cost of a program or project
for which Federal financial assistance is available to such State
agency, and such State agency shall be eligible for Federal finan-
cial assistance with respect to such payments and assistance in the
same manner and to the same extent as other program or project
costs, except that, notwithstanding any other law in the case II
where the Federal financial assistance is by grant or contribution •
the Federal agency shall pay the full amount of the first $25,000 of
the cost to a State agency of providing payments and assistance •
for a displaced person under sections 4626, 4630, 4635, and 4655 •
of this title, on account of any acquisition or displacement occur-
ring prior to July 1, 1972, and in any case where such Federal
financial assistance is by loan, the Federal agency shall loan such
State agency the full amount of the first $25,000 of such cost.
(b) No payment or assistance under section 4630 or 4655 of this
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UNIFORM RELOCATION ACT 42 § 4631
title shall be required or included as a program or project cost
under this section, if the displaced person receives a payment
required by the State law of eminent domain which is determined
by such Federal agency head to have substantially the same pur-
pose and effect as such payment under this section, and to be part
of the cost of the program or project for which Federal financial
assistance is available.
(c) Any grant to, or contract or agreement with, a State agency
executed before January 2, 1971, under which Federal financial
assistance is available to pay all or part of the cost of any pro-
gram or project which will result in the displacement of any
person on or after January 2, 1971, shall be amended to include
the cost of providing payments and services under sections 4630
and 4655 of this title. If the head of a Federal agency determines
that it is necessary for the expeditious completion of a program or
project he may advance to the State agency the Federal share of
the cost of any payments or assistance by such State agency pur-
suant to sections 4626, 4630, 4635, and 4655 of this title.
Pub.L. 91-646, Title II, § 211, Jan. 2,1971, 84 Stat. 1900.
§ 4632. Administration; relocation assistance in programs re-
ceiving Federal financial assistance
In order to prevent unnecessary expenses and duplications of
functions and to promote uniform and effective administration of
relocation assistance programs for displaced persons under sec-
tions 4626, 4630, and 4635 of this title, a State agency may enter
into contracts with any individual, firm, association, or corpora-
tion for services in connection with such programs, or may carry
out its functions under this subchapter through any Federal or
State governmental agency or instrumentality having an estab-
lished organization for conducting relocation assistance programs.
Such State agency shall, in carrying out the relocation assistance
activities described in section 4626 of this title, whenever practica-
ble, utilize the services of State or local housing agencies, or other
agencies having experience in the administration or conduct of
similar housing assistance activities.
Pub.L. 91-646, Title II, § 212, Jan. 2,1971, 84 Stat. 1900.
§ 4633. Regulations and procedures
(a) In order to promote uniform and effective administration of
relocation assistance and land acquisition of State or local housing
agencies, or other agencies having programs or projects by Fed-
eral agencies or programs or projects by State agencies receiving
Federal financial assistance, the heads of Federal agencies shall
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42 § 4633 EPA CURRENT LAWS—GENERAL
consult together on the establishment of regulations and proce- •
dures for the implementation of such programs.
(b) The head of each Federal agency is authorized to esta-blish
such regulations and procedures as he may determine to be neces- H
sary to assure— •
(1) that the payments and assistance authorized by this
chapter shall be administered in a manner which is fair and
reasonable, and as uniform as practicable;
(2) that a displaced person who makes proper application
for a payment authorized for such person by this subchapter
shall be paid promptly after a move or, in hardship cases, be
paid in advance; and
(3) that any person aggrieved by a determination as to
eligibility for a payment authorized by this chapter, or the
amount of a payment, may have his application reviewed by
the head of the Federal agency having authority over the
applicable program or project, or in the case of a program or
project receiving Federal financial assistance, by the head of
the State agency.
(c) The head of each Federal agency may prescribe such other
regulations and procedures, consistent with the provisions of this
chapter, as he deems necessary or appropriate to carry out this
chapter.
Pub.L. 91-646, Title II, § 213, Jan. 2, 1971, 84 Stat. 1900.
§ 4634. Annual report to President; Presidential report to Con-
gress
The head of each Federal agency shall prepare and submit an
annual report to the President on the activities of such agency
with respect to the programs and policies established or author- •
ized by this chapter, and the President shall submit such reports H
to the Congress not later than January 15 of each year, beginning
January 15, 1972, and ending January 15, 1975, together with his
comments or recommendations. Such reports shall give special H
attention to: (1) the effectiveness of the provisions of this chapter •»
assuring the availability of comparable replacement housing,
which is decent, safe, and sanitary, for displaced homeowners and
tenants; (2) actions taken by the agency to achieve the objectives
of the policies of Congress, declared in this chapter, to provide
uniform and equal treatment, to the greatest extent practicable,
for all persons displaced by, or having real property taken for,
Federal or federally assisted programs; (3) the views of the Fed-
eral agency head on the progress made to achieve such objectives
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UNIFORM RELOCATION ACT 42 § 4634
in the various programs conducted or administered by such
agency, and among the Federal agencies; (4) any indicated effects
of such programs and policies on the public; and (5) any recom-
mendations he may have for further improvements in relocation
assistance and land acquisition programs, policies, and implement-
ing laws and regulations.
Pub.L. 91-646, Title II, § 214, Jan. 2,1971, 84 Stat. 1901.
§ 4635. Planning and other preliminary expenses for additional
housing
In order to encourage and facilitate the construction or rehabili-
tation of housing to meet the needs of displaced persons who are
displaced from dwellings because of any Federal or Federal finan-
cially assisted project, the head of the Federal agency administer-
ing such project is authorized to make loans as a part of the cost
of any such project, or to approve loans as a part of the cost of
any such project receiving Federal financial assistance, to non-
profit, limited dividend, or cooperative organizations or to public
bodies, for necessary and reasonable expenses, prior to construc-
tion, for planning and obtaining federally insured mortgage financ-
ing for the rehabilitation or construction of housing for such
displaced persons. Notwithstanding the preceding sentence, or any
other law, such loans shall be available for not to exceed 80 per
centum of the reasonable costs expected to be incurred in plan-
ning, and in obtaining financing for, such housing, prior to the
availability of such financing, including, but not limited to, prelim-
inary surveys and analyses of market needs, preliminary site engi-
neering, preliminary architectural fees, site acquisition, applica-
tion and mortgage commitment fees, and construction loan fees
and discounts. Loans to an organization established for profit shall
bear interest at a market rate established by the head of such
Federal agency. All other loans shall be without interest. Such
Federal agency head shall require repayment of loans made under
this section, under such terms and conditions as he may require,
upon completion of the project or sooner, and except in the case of
a loan to an organization established for profit, may cancel any
part or all of a loan if he determines that a permanent loan to
finance the rehabilitation or the construction of such housing
cannot be obtained in an amount adequate for repayment of such
loan. Upon repayment of any such loan, the Federal share of the
sum repaid shall be credited to the account from which such loan
was made, unless the Secretary of the Treasury determines that
such account is no longer in existence, in which case such sums
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42 § 4635 EPA CURRENT LAWS—GENERAL
shall be returned to the Treasury and credited to miscellaneous H
receipts.
Pub.L. 91-646, Title II, § 215, Jan. 2,1971, 84 Stat. 1901.
§ 4636. Payments not to be considered as income for revenue H
purposes or for eligibility for assistance under Social Security
Act or other Federal law
No payment received under this subchapter shall be considered H
as income for the purposes of Title 26; or for the purposes of ™
determining the eligibility or the extent of eligibility of any per-
son for assistance under the Social Security Act or any other
Federal law.
Pub.L. 91-646, Title II, § 216, Jan. 2, 1971, 84 Stat. 1902.
§ 4637. Displacement by code enforcement, rehabilitation, and •
demolition programs receiving Federal assistance ™
A person who moves or discontinues his business, or moves
other personal property, or moves from his dwelling on or after
January 2, 1971, as a direct result of any project or program
which receives Federal financial assistance under title I of the
Housing Act of 1949, as amended, or as a result of carrying out a M
comprehensive city demonstration program under title I of the H
Demonstration Cities and Metropolitan Development Act of 1966
shall, for the purposes of this subchapter, be deemed to have been
displaced as the result of the acquisition of real property. •
Pub.L. 91-646, Title II, § 217, Jan. 2, 1971, 84 Stat. 1902. •
§ 4638. Transfers of surplus property ^
The Administrator of General Services is authorized to transfer •
to a State agency for the purpose of providing replacement hous-
ing required by this subchapter, any real property surplus to the
needs of the United States within the meaning of the Federal H
Property and Administrative Services Act of 1949, as amended. Bi
Such transfer shall be subject to such terms and conditions as the
Administrator determines necessary to protect the interests of the
United States and may be made without monetary consideration,
except that such State agency shall pay to the United States all
amounts received by such agency from any sale, lease, or other •
disposition of such property for such housing. •
Pub.L. 91-646, Title II, § 218, Jan. 2, 1971, 84 Stat. 1902. ™
SUBCHAPTER III.—UNIFORM REAL PROPERTY ACQUISITION POLICY H
§ 4651. Uniform policy on real property acquisition practices
In order to encourage and expedite the acquisition of real prop- _
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UNIFORM RELOCATION ACT 42 § 4651
•
erty by agreements with owners, to avoid litigation and relieve
congestion in the courts, to assure consistent treatment for owners
in the many Federal programs, and to promote public confidence
in Federal land acquisition practices, heads of Federal agencies
shall, to the greatest extent practicable, be guided by the following
policies:
(1) The head of a Federal agency shall make every reasonable
effort to acquire expeditiously real property by negotiation.
(2) Real property shall be appraised before the initiation of
negotiations, and the owner or his designated representative shall
be given an opportunity to accompany the appraiser during his
inspection of the property.
(3) Before the initiation of negotiations for real property, the
head of the Federal agency concerned shall establish an amount
which he believes to be just compensation therefor and shall make
a prompt offer to acquire the property for the full amount so
established. In no event shall such amount be less than the agen-
cy's approved appraisal of the fair market value of such property.
Any decrease or increase in the fair market value of real property
prior to the date of valuation caused by the public improvement
for which such property is acquired, or by the likelihood that the
property would be acquired for such improvement, other than that
due to physical deterioration within the reasonable control of the
owner, will be disregarded in determining the compensation for
the property. The head of the Federal agency concerned shall
provide the owner of real property to be acquired with a written
statement of, and summary of the basis for, the amount he estab-
lished as just compensation. Where appropriate the just compen-
sation for the real property acquired and for damages to remain-
ing real property shall be separately stated.
(4) No owner shall be required to surrender possession of real
property before the head of the Federal agency concerned pays the
agreed purchase price, or deposits with the court in accordance
with section 258a of Title 40, for the benefit of the owner, an
amount not less than the agency's approved appraisal of the fair
market value of such property, or the amount of the award of
compensation in the condemnation proceeding for such property.
(5) The construction or development of a public improvement
shall be so scheduled that, to the greatest extent practicable, no
person lawfully occupying real property shall be required to move
from a dwelling (assuming a replacement dwelling as required by
subchapter II of this chapter will be available), or to move his
business or farm operation, without at least ninety days' written
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42 § 4651 EPA CURRENT LAWS—GENERAL
notice from the head of the Federal agency concerned, of the date •
by which such move is required.
(6) If the head of a Federal agency permits an owner or tenant
to occupy the real property acquired on a rental basis for a short
term or for a period subject to termination by the Government on
short notice, the amount of rent required shall not exceed the fair
rental value of the property to a short-term occupier. Hj
(7) In no event shall the head of a Federal agency either ad- ^
vance the time of condemnation, or defer negotiations or condem-
nation and the deposit of funds in court for the use of the owner, II
or take any other action coercive in nature, in order to compel an H
agreement on the price to be paid for the property.
(8) If any interest in real property is to be acquired by exercise
of the power of eminent domain, the head of the Federal agency
concerned shall institute formal condemnation proceedings. No
Federal agency head shall intentionally make it necessary for an
owner to institute legal proceedings to prove the fact of the taking
of his real property.
(9) If the acquisition of only part of a property would leave its
owner with an uneconomic remnant, the head of the Federal
agency concerned shall offer to acquire the entire property.
Pub.L. 91-646, Title III, § 301, Jan. 2,1971, 84 Stat. 1904.
§ 4652. Buildings, structures, and improvements
(a) Notwithstanding any other provision of law, if the head of
a Federal agency acquires any interest in real property in any gb
State, he shall acquire at least an equal interest in all buildings, H
structures, or other improvements located upon the real property
so acquired and which he rejquires to be removed from such real _
property or which he determines will be adversely affected by the H
use to which such real property will be put. ^
(b) (1) For the purpose of determining the just compensation
to be paid for any building, structure, or other improvement re- H
quired to be acquired by subsection (a) of this section, such build- M
ing, structure, or other improvement shall be deemed to be a part
of the real property to be acquired notwithstanding the right or
obligation of a tenant, as against the owner of any other interest
in the real property, to remove such building, structure, or im-
provement at the expiration of his term, and the fair market value M
which such building, structure, or improvement contributes to the •
fair market value of the real property to be acquired, or the fair
market value of such building, structure, or improvement for re-
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UNIFORM RELOCATION ACT 42 § 4652
mqval from the real property, whichever is the greater, shall be
paid to the tenant therefor.
(2) Payment under this subsection shall not result in duplica-
tioH of any payments otherwise authorized by law. No such pay-
ment shall be made unless the owner of the land involved disclaims
all interest in the improvements of the tenant. In consideration for
any such payment, the tenant shall assign, transfer, and release to
the United States all his right, title, and interest in and to such
improvements. Nothing in this subsection shall be construed to
deprive the tenant of any rights to reject payment under this
subsection and to obtain payment for such property interests in
accordance with applicable law, other than this subsection.
Pub.L. 91-646, Title III, § 302, Jan. 2, 1971, 84 Stat. 1905.
§ 4653. Expenses incidental to transfer of title to United States
The head of a Federal agency, as soon as practicable after the
date of payment of the purchase price or the date of deposit in
court of funds to satisfy the award of compensation in a condem-
nation proceeding to acquire real property, whichever is the ear-
lier, shall reimburse the owner, to the extent the head of such
agency deems fair and reasonable, for expenses he necessarily
incurred for—
(1) recording fees, transfer taxes, and similar expenses
incidental to conveying such real property to the United
States;
(2) penalty costs for prepayment of any preexisting re-
corded mortgage entered into in good faith encumbering such
real property; and
(3) the pro rata portion of real property taxes paid which
are allocable to a period subsequent to the date of vesting title
in the United States, or the effective date of possession of
such real property by the United States, whichever is the
earlier.
Pub.L. 91-646, Title III, § 303, Jan. 2, 1971, 84 Stat. 1906.
§ 4654. Litigation expenses
(a) The Federal court having jurisdiction of a proceeding insti-
tuted by a Federal agency to acquire real property by condemna-
tion shall award the owner of any right, or title to, or interest in,
such real property such sum as will in the opinion of the court
reimburse such owner for his reasonable costs, disbursements, and
expenses, including reasonable attorney, appraisal, and engineer-
ing fees, actually incurred because of the condemnation proceed-
ings, if—
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42 § 4651 EPA CURRENT LAWS—GENERAL
(1) the final judgment is that the Federal agency cannot •
acquire the real property by condemnation; or ^
(2) the proceeding is abandoned by the United States.
(b) Any award made pursuant to subsection (a) of this sect-ion •
shall be paid by the head of the Federal agency for whose benefit •
the condemnation proceedings was instituted.
(c) The court rendering a judgment for the plaintiff in a pro-
ceeding brought under section 1346(a) (2) or 1491 of Title 28
awarding compensation for the taking of property by a Federal
agency, or the Attorney General effecting a settlement of any such
proceeding, shall determine and award or allow to such plaintiff,
as a part of such judgment or settlement, such sum as will in the
opinion of the court or the Attorney General reimburse such plain-
tiff for his reasonable costs, disbursements, and expenses, includ- fll
ing reasonable attorney, appraisal, and engineering fees, actually HI
incurred because of such proceeding.
Pub.L. 91-646, Title III, § 304, Jan. 2, 1971, 84 Stat. 1906. tjt
§ 4655. Requirements for uniform land acquisition policies; pay- ™
ments of expenses incidental to transfer of real property to State;
payment of litigation expenses in certain cases
Notwithstanding any other law, the head of a Federal agency
shall not approve any program or project or any grant to, or
contract or agreement with, a State agency under which Federal
financial assistance will be available to pay all or part of the cost
of any program or project which will result in the acquisition of
real property on and after January 2, 1971, unless he receives
satisfactory assurances from such State agency that—
(1) in acquiring real property it will be guided, to the
greatest extent practicable under State law, by the land acqui-
sition policies in section 4651 of this title and the provisions
of section 4652 of this title, and
(2) property owners will be paid or reimbursed for neces-
sary expenses as specified in sections 4653 and 4654 of this •
title. •
Pub.L. 91-646, Title III, § 305, Jan. 2, 1971, 84 Stat. 1906.
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EPA CURRENT LAWS—GENERAL
2. Executive Orders
2;1 E.G. 11472, Establishing the Environmental Quality Council and the
Citizens Advisory Committee on Environmental Quality, May 29, 1969,
35 Fed. Reg. 8693 (1969).
2.2 E.0.11490, Emergency Preparedness Functions of Federal Departments
and Agencies, October 28, 1969, as amended, 35 Fed. Reg. 14193 (1970).
2.3 E.O. 11507, Prevention, Control, and Abatement of Air and Water
Pollution at Federal Facilities, February 4,1970,35 Fed. Reg. 2573 (1970).
2.4 E.O. 11514, Protection and Enhancement of Environmental Quality,
March 5, 1970, 35 Fed. Reg. 4247 (1970).
2.5 E.O. 11749 Consolidation of Functions Assigned the Secretary of HUD;
December 10, 1973, 38 Fed. Reg. 34177 (1973) superseding E.O. 11575.
Administration of the Disaster Relief Act of 1970 as amended by E.O.
11662.
2.6 E.O. 11587, Placing Certain Positions in Levels IV and V of the Federal
Executive Salary Schedule, March 15, 1971, 36 Fed. Reg. 475 (1971).
2.7 E.O. 11628, Establishing Seal for the Environmental Protection Agency,
36 Fed. Reg. 20285 (1971).
2.8 E.O. 11222, Standards of Ethical Conduct for Government Officers and
Employees, May 8, 1965, 30 Fed, Reg. 6469 (1965).
2.9 E.O. 11667, Establishing the President's Advisory Committee on the
Environment Merit Award Program, April 20, 1972, 37 Fed. Reg. 7763
(1972).
2.10 E.O. 11647, Federal Regional Councils, February 10, 1972, 37 Fed. Reg.
3167, as amended by E.O. 11731, July 23,1973,38 Fed. Reg. 19903 (1973).
2.11 E.O. 11742, Delegating to the Secretary of State Certain Functions with
Respect to the Negotiation of International Agreements Relating to the
Enhancement of the Environment, October 25, 1973, 38 Fed. Reg. 29457
(1973).
2.12 E.O. 11743, Modifying Proclamation No. 3279, as amended, with Respect
to the Oil Policy Committee, October 25, 1973, 38 Fed. Reg. 29459 (1973).
2.13 E.O. 11752, Prevention, Control, and Abatement of Environmental
Pollution at Federal Facilities, December 19, 1973, 38 Fed. Reg. 34793
(1973).
74 Rev.-25
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EXECUTIVE ORDER 11472
May 29, 1969, 34 Fed. Reg. 8693
*
ESTABLISHING THE ENVIRONMENTAL QUALITY COUNCIL AND THE
CITIZENS' ADVISORY COMMITTEE ON ENVIRONMENTAL QUALITY
By virtue of the authority vested in me as President of the
United States, it is ordered as follows:
PART I. ENVIRONMENTAL QUALITY COUNCIL
Section 101. Establishment of the Council, (a) There is hereby
established the Environmental Quality Council (hereinafter re-
ferred to as "the Council").
(b) The President of the United States shall preside over meet-
ings of the Council. The Vice President shall preside in the ab-
sence of the President.
(c) The Council shall be composed of the following members:
The Vice President of the United States
Secretary of Agriculture
Secretary of Commerce
Secretary of Health, Education and Welfare
Secretary of Housing and Urban Development
Secretary of the Interior
Secretary of Transportation
and such other heads of departments and agencies and others as
the President may from time to time direct.
(d) Each member of the Council may designate an alternate,
who shall serve as a member of the Council whenever the regular
member is unable to attend any meeting of the Council.
(e) When matters which affect the interest of Federal agencies
the heads of which are not members of the Council are to be
considered by the Council, the President or his representative may
invite such agency heads or their alternates to participate in the
deliberations of the Council.
(f) The Director of the Bureau of the Budget, the Chairman of
the Council of Economic Advisers, and the Executive Secretary of
the Council for Urban Affairs or their representatives may partic-
ipate in the deliberations of the Environmental Quality Council as
observers.
(g) The Science Adviser to the President shall be the Executive
Secretary of the Council and shall assist the President in directing
the affairs of the Council.
Sec. 102. Functions of the Council, (a) The Council shall advise
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§ 102 EPA CURRENT LAWS—GENERAL
matters and shall perform such other related duties as the Presi-
dent may from time to time prescribe. In addition thereto, 'the
Council is directed to: H
(1) Recommend measures to ensure that Federal policies and
programs, including those for development and conservation of
natural resources, take adequate account of environmental effects. •
(2) Review the adequacy of existing systems for monitoring •
and predicting environmental changes so as to achieve effective
coverage and efficient use of facilities and other resources.
(3) Foster cooperation between the Federal Government, State
and local governments, and private organizations in environmen-
tal programs.
(4) Seek advancement of scientific knowledge of changes in the
environment and encourage the development of technology to pre-
vent or minimize adverse effects that endanger man's health and
well-being.
(5) Stimulate public and private participation in programs and
activities to protect against pollution of the Nation's air, water,
and land and its living resources.
(6) Encourage timely public disclosure by all levels of govern-
ment and by private parties of plans that would affect the quality
of environment.
(7) Assure assessment of new and changing technologies for
their potential effects on the environment.
(8) Facilitate coordination among departments and agencies of
the Federal Government in protecting and improving the H
environment. ™
(b) The Council shall review plans and actions of Federal agen-
cies affecting outdoor recreation and natural beauty. The Council
may conduct studies and make recommendations to the President
on matters of policy in the fields of outdoor recreation and natural
beauty. In carrying out the foregoing provisions of this subsec-
tion, the Council shall, as far as may be practical, advise Federal
agencies with respect to the effect of their respective plans and
programs on recreation and natural beauty, and may suggest to
such agencies ways to accomplish the purposes of this order. For •
the purposes of this order, plans and programs may include, but ™
are not limited to, those for or affecting: (1) Development, resto-
ration, and preservation of the beauty of the countryside, urban
and suburban areas, water resources, wild rivers, scenic roads,
parkways and highways, (2) the protection and appropriate man-
agement of scenic or primitive areas, natural wonders, historic •
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E. 0.11472 § 102
sites, and recreation areas, (3) the management of Federal land
and water resources, including fish and wildlife, to enhance natu-
• ral beauty and recreational opportunities consistent with other
essential uses, (4) cooperation with the States and their local
subdivisions and private organizations and individuals in areas of
mutual interest, (5) interstate arrangements, including Federal
• participation where authorized and necessary, and (6) leadership
in a nationwide recreation and beautification effort.
(c) The Council shall assist the President in preparing periodic
• reports to the Congress on the subjects of this order.
Sec. 103. Coordination. The Secretary of the Interior may make
available to the Council for coordination of outdoor recreation the
• authorities and resources available to him under the Act of May
28, 1963, 77 Stat. 49; to the extent permitted by law, he may make
such authorities and resources available to the Council also for
_ promoting such coordination of other matters assigned to the
B Council by this order.
Sec. 104. Assistance for the Council. In compliance with provi-
sions of applicable law, and as necessary to serve the purposes of
H this order, (1) the Office of Science and Technology shall provide
• or arrange for necessary administrative and staff services, sup-
port, and facilities for the Council, and (2) each department and
• agency which has membership on the Council under Section
101 (c) hereof shall furnish the Council such information and
other assistance as may be available.
PART II. CITIZENS' ADVISORY COMMITTEE ON ENVIRONMENTAL
QUALITY
Sec. 201. Establishment of the Committee. There is hereby es-
tablished the Citizens' Advisory Committee on Environmental
Quality (hereinafter referred to as the "Committee"). The Com-
mittee shall be composed of a chairman and not more than 14
other members appointed by the President. Appointments to mem-
bership on the Committee shall be for staggered terms, except that
the chairman of the Committee shall serve until his successor is
appointed.
Sec. 202. Functions of the Committee. The Committee shall
advise the President and the Council on matters assigned to the
• Council by the provisions of this order. /
Sec. 203. Expenses. Members of the Committee sHall receive no
compensation from the United States by reason of their services
under this order but shall be entitled to receive travel and ex-
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§ 203 EPA CURRENT LAWS—GENERAL
penses, including per diem in lieu of subsistence, as authorized, by
law (5 U.S.C. 5701-5708) for persons in the Government service
employed intermittently.
Sec. 204. Continuity. Persons who on the date of this order are
members of the Citizens' Advisory Committee on Recreation and
Natural Beauty established by Executive Order No. 11278 of May
4, 1966, as amended, shall, until the expirations of their respective
terms and without further action by the President, be members of
the Committee established by the provisions of this Part in lieu of
an equal number of the members provided for in section 201 of
this order.
PART III. GENERAL PROVISIONS
SEC. 301. Construction. Nothing in this order shall be construed
as subjecting any department, establishment, or other instrumen-
tality of the executive branch of the Federal Government or the
head thereof, or any function vested by law in or assigned pur-
suant to law to any such agency or head, to the authority of any
other such agency or head or as abrogating, modifying, or res- _
tricting any such function in any manner. •
SEC. 302. Prior bodies and orders. The President's Council on ™
Recreation and Natural Beauty and the Citizens' Advisory Com-
mittee on Recreation and Natural Beauty are hereby terminated H
and the following are revoked: IB
(1) Executive Order No. 11278 of May 4, 1966.
(2) Executive Order No. 11359A of June 29,1967.
(3) Executive Order No. 11402 of March 29, 1968.
RICHARD NIXON
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EXECUTIVE ORDER 11490, AS AMENDED
Oct. 28, 1969, 34 F.R. 17567, as amended by Ex. Ord. No. 11522, Apr. 6, 1970,
" 35 F.R. 5659; Ex. Ord. No. 11556, Sept. 4, 1970, 35 F.R. 14193
ASSIGNMENT OF EMERGENCY PREPAREDNESS FUNCTIONS TO FED-
ERAL AGENCIES AND DEPARTMENTS
WHEREAS our national security is dependent upon our ability
to assure continuity of government, at every level, in any national
• emergency type situation that might conceivably confront the na-
tion ; and
WHEREAS effective national preparedness planning to meet
such an emergency, including a massive nuclear attack, is essential
to our national survival ; and
WHEREAS effective national preparedness planning requires
the identification of functions that would have to be performed
during such an emergency, the assignment of responsibility for
developing plans for performing these functions, and the assign-
ment of responsibility for developing the capability to implement
those plans ; and
WHEREAS the Congress has directed the development of such
national emergency preparedness plans and has provided funds
for the accomplishment thereof ; and
WHEREAS this national emergency preparedness planning ac-
tivity has been an established program of the United States Gov-
ernment for more than twenty years :
NOW, THEREFORE, by virtue of the authority vested in me as
President of the United States, and pursuant to Reorganization
Plan No. 1 of 1958 (72 Stat. 1799) [set out as a note under section
2271 of this Appendix], the National Security Act of 1947, as
amended [section 401 et seq. of Title 50, War and National De-
• fense], the Defense Production Act of 1950, as amended [section
2061 et seq. of this Appendix], and the Federal Civil Defense Act,
as amended [section 2211 et seq. of this Appendix], it is hereby
ordered as follows —
•
•
•
•
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CONTENTS
Part
1 Purpose and Scope.
2 Department of State.
3 Department of the Treasury.
4 Department of Defense.
5 Department of Justice.
6 Post Office Department.
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§ 101 EPA CURRENT LAWS—GENERAL
7 Department of the Interior.
8 Department of Agriculture.
9 Department of Commerce.
10 Department of Labor.
11 Department of Health, Education, and Welfare.
12 Department of Housing and Urban Development.
1" Department of Transportation.
14 Atomic Energy Commission.
15 Civil Aeronautics Board.
16 Export-Import Bank of the United States.
17 Federal Bank Supervisory Agencies.
18 Federal Communications Commission.
19 Federal Power Commission.
20 General Services Administration.
21 Interstate Commerce Commission.
22 National Aeronautics and Space Administration.
23 National Science Foundation.
24 Railroad Retirement Board.
25 Securities and Exchange Commission.
26 Small Business Administration.
27 Tennessee Valley Authority.
28 United States Civil Service Commission.
28A United States Information Agency.
29 Veterans Administration.
30 General Provisions.
Part 1—Purpose and Scope
Section 101. Purpose. This order consolidates the assignment of
emergency preparedness functions to various departments and
agencies heretofore contained in the 21 Executive orders and 2
Defense Mobilization orders listed in Section 3015 of this order.
Assignments have been adjusted to conform to changes in organi-
zation which have occurred subsequent to the issuance of those
Executive orders and Defense Mobilization orders.
Sec. 102. Scope, (a) This order is concerned with the emergency
national planning and preparedness functions of the several de-
partments and agencies of the Federal Government which comple-
ment the military readiness planning responsibilities of the De-
partment of Defense; together, these measures provide the basic
foundation for our overall national preparedness posture, and are
fundamental to our ability to survive.
(b) The departments and agencies of the Federal Government
are hereby severally charged with the duty of assuring the conti-
nuity of the Federal Government in any national emergency type
situation that might confront the nation. To this end, each depart-
ment and agency with essential functions, whether expressly iden-
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tiffed in this order or not, shall develop such plans and take such
actions, including but not limited to those specified in this order,
as may be necessary to assure that it will be able to perform its
essential functions, and continue as a viable part of the Federal
Government, during any emergency that might conceivably occur.
These include plans for maintaining the continuity of essential
functions of the department or agency at the seat of government
and elsewhere, through programs concerned with: (1) succession
to office; (2) predelegation of emergency authority; (3) safekeep-
ing of essential records; (4) emergency relocation sites supported
by communications and required services; (5) emergency action
steps; (6) alternate headquarters or command facilities; and (7)
protection of Government resources, facilities, and personnel. The
continuity of Government, activities undertaken by the depart-
ments and agencies shall be in accordance with guidance provided
by, and subject to evaluation by, the Director of the Office of
Emergency Preparedness.
(c) In addition to the activities indicated above, the heads of
departments and agencies described in Parts 2 through 29 of this
order shall: (1) prepare national emergency plans, develop pre-
paredness programs, and attain an appropriate state of readiness
with respect to the functions assigned to them in this order for all
conditions of national emergency; (2) give appropriate considera-
tion to emergency preparedness factors in the conduct of the regu-
lar functions of their agencies, particularly those functions consid-
ered essential in time of emergency, and (3) be prepared to imple-
ment, in the event of an emergency, all appropriate plans devel-
oped under this order.
Sec. 103. Presidential Assistance. The director of the Office of
Emergency Preparedness, in accordance with the provisions of
Executive Order No. 11051 of September 27, 1962 [set out as a
note under section 2271 of this Appendix], shall advise and assist
the President in determining national preparedness goals and poli-
cies for the performance of functions under this order and in
coordinating the performance of such functions with the total
national preparedness program.
Sec. 104. General and Specific Functions. The functions assigned
by Part 30, General Provisions, apply to all departments and agen-
cies having emergency preparedness responsibilities. Specific func-
tions are assigned to departments and agencies covered in Parts 2
through 29.
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§ 105 EPA CURRENT LAWS—GENERAL
Sec. 105. Construction. The purpose and legal effect of the.as-
signments contained in this order do not constitute authority to
implement the emergency plans prepared pursuant to this order.
Plans so developed may be effectuated only in the event that" au-
thority for such effectuation is provided by a law enacted by the
Congress or by an order or directive issued by the President
pursuant to statutes or the Constitution of the United States.
Part 2—Department of State
Section 201. Functions. The Secretary of State shall prepare
national emergency plans and develop preparedness programs to
permit modification or expansion of the activities of the Depart-
ment of State and agencies, boards, and commissions under his
jurisdiction in order to meet all conditions of national emergency,
including attack upon the United States. The Secretary of State
shall provide to all other departments and agencies overall foreign
policy direction, coordination, and supervision in the formulation
and execution of those emergency preparedness activities which
have foreign policy implications, affect foreign relations, or de-
pend directly or indirectly, on the policies and capabilitiies of the •
Department of State. The Secretary of State shall develop policies, H
plans, and procedures for carrying out his responsibilities in the
conduct of the foreign relations of the United States under condi- 4B|
tions of national emergency, including, but not limited to (1) the l|
formulation and implementation, in consultation with the Depart-
ment of Defense and other appropriate agencies, and the negotia-
tion of contingency and post-emergency plans with our allies and
of the intergovernmental agreements and arrangements required
by such plans; (2) formulation, negotiation, and execution of pol-
icy affecting the relationships of the United States with neutral
States; (3) formulation and execution of political strategy toward
hostile or enemy States, including the definition of war objectives
and the political means for achieving those objectives; (4) main-
tenance of diplomatic and consular representation abroad; (5)
reporting and advising on conditions overseas which bear upon the
national emergency; (6) carrying out or proposing economic mea-
sures with respect to other nations, including coordination with
the export control functions of the Secretary of Commerce; (7)
mutual assistance activities such as ascertaining requirements of
the civilian economies of other nations, making recommendations
to domestic resource agencies for meeting such requirements, and
determining the availability of and making arrangements for ob-
taining foreign resources required by the United States; (8) pro- ••
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A
viding foreign assistance, including continuous supervision and
general direction of authorized economic and military assistance
programs, and determination of the value thereof; (9) protection
or evacuation of American citizens and nationals abroad and safe-
guarding their property; (10) protection and/or control of inter-
national organization and foreign diplomatic, consular, and other
• official personnel and property, or other assets, in the United
States; (11) documentary control of persons seeking to enter or
leave the United States; and (12) regulation and control of ex-
ports of items on the munitions list.
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Part 3—Department of the Treasury
Section 301. Functions. The Secretary of the Treasury shall
develop policies, plans, and procedures for the performance of
emergency functions with respect to (1) stabilization aspects of
the monetary, credit, and financial system; (2) stabilization of the
dollar in relation to foreign currencies; (3) collection of revenue;
(4) regulation of financial institutions; (5) supervision of the
Federal depository system; (6) direction of transactions in gov-
ernment securities; (7) tax and debt policies; (8) participation in
bilateral and multilateral financial arrangements with foreign
governments; (9) regulation of foreign assets in the United
States and of foreign financial dealings (in consultation with the
Secretaries of State and Commerce) ; (10) development of proce-
dures for the manufacture and/or issuance and redemption of
securities, stamps, coins, and currency; (11) development of sys-
tems for the issuance and payment of Treasury checks; (12)
maintenance of the central government accounting and financial
reporting system; (13) administration of customs laws, tax laws,
and laws on control of alcohol, alcoholic beverages, tobacco, and
firearms; (14) suppression of counterfeiting and forgery of gov-
ernment securities, stamps, coins, and currency; (15) protection
of the President and the Vice President and other designated
persons; (16) granting of loans (including participation in or
guarantees of loans) for the expansion of capacity, the develop-
ment of technological processes, or the production of essential
material; and (17) to the extent that such functions have not been
transferred to the Secretary of Transportation, enforcement of
marine inspection and navigation laws.
Sec. 302. Financial Coordination. The Secretary shall assume the
initiative in developing plans for implementation of national pol-
icy on sharing war losses and for the coordination of emergency
monetary, credit, and Federal benefit payment programs of those
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§ 302 EPA CURRENT LAWS—GENERAL
on me policies or capaonmes 01 me ueparaneni.
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Part 4—Department of Defense
Section 401. Functions. In addition to the civil defense functions
assigned to the Secretary of Defense by Executive Order No.
10952 [set out as a note under section 2271 of this Appendix], the
Secretary of Defense shall perform the following emergency pre-
paredness functions:
(1) Provide specific strategic guidance as required for emer- ^—
gency preparedness planning and programing, including, for ex- •
ample, guidance regarding such factors as accessibility of foreign ™
sources of supply and estimated shipping loss discounts and air-
craft losses in the event of war. •
(2) Develop and furnish quantitative and time-phased military IB
requirements for selected end-items, consistent with defined mili-
tary concepts, and supporting requirements for materials, compo- M|
nents, production facilities, production equipment, petroleum, nat- |H
ural gas, solid fuels, electric power, food, transportation, and
other services needed to carry out specified Department of Defense M
current and mobilization procurement, construction, research and •
development, and production programs. The items and supporting
resources to be included in such requirements, the periods to be
covered, and the dates for their submission to the appropriate
resource agency will be determined by mutual agreement between
the Secretary of Defense and the head of the appropriate resource
agency.
(3) Advise and assist the Office of Emergency Preparedness in
developing a national system of production urgencies.
(4) Advise and assist the Office of Emergency Preparedness in
developing a system, in conjunction with the Department of State,
for the international allocation of critical materials and products
among the United States and the various foreign claimants in the
event of an emergency, including an attack on the United States.
(5) Plan for and administer priorities and allocations authority
delegated to the Department of Defense. Authorize procurement
and production schedules and make allotments of controlled mate-
rials pursuant to program determinations of the Office of Emer-
gency Preparedness.
(6) Assist the Department of Commerce and other appropriate
agencies in the development of the production and distribution
controls plans for use in any period of emergency.
(7) Develop with industry, plans for the procurement and pro- ••
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duction of selected military equipment and supplies needed to ful-
fill emergency requirements, making maximum use of plants in
dispersed locations, and, where essential and appropriate, provid-
ing for alternative sources of supply in order to minimize the
effects of enemy attack.
(8) Develop with industry, plans and programs for minimizing
the effect of attack damage to plants producing major items of
military equipment and supply.
(9) Recommend to the Office of Emergency Preparedness mea-
sures for overcoming potential deficiencies in production capacity
to produce selected military supplies and equipment needed to
fulfill emergency requirements, when necessary measures cannot
be effected by the Department of Defense.
(10) Furnish information and recommendations, when re-
quested by the Office of Emergency Preparedness, for purposes of
processing applications for defense loans under Title III of the
Defense Production Act of 1950, as amended (sections 2091-2094
of this Appendix).
(11) Furnish advice and assistance on the utilization of stra-
tegic and critical materials in defense production, including
changes that occur from time to time.
(12) Analyze problems that may arise in maintaining an ade-
quate mobilization production base in military-product industries
and take necessary actions to overcome these problems within the
limits of the authority and funds available to the Department of
Defense.
(13) Assist the Secretary of Commerce with respect to the
identification and evaluation of facilities important to the national
defense.
(14) Advise and assist the Office of Emergency Preparedness in
the development and review of standards for the strategic location
and physical security of industries, services, government, and
other activities for which continuing operation is essential to na-
tional security, and exercise physical security cognizance over the
facilities assigned to him for such purpose.
(15) Develop and operate damage assessment systems and as-
sist the Office of Emergency Preparedness and other departments
and agencies in their responsibilities as stated in Section 3002(2) ;
participate with the Office of Emergency Preparedness in the
preparation of estimates of potential damage from enemy attack.
(16) Advise and assist the Office of Emergency Preparedness in
the development of over-all manpower policies to be instituted in
the event of an emergency, including an attack on the United
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§ 401 EPA CURRENT LAWS—GENERAL
States, including the provision of information relating to the, size
and composition of the Armed Forces.
(17) Advise on existing communications facilities and furnish
military requirements for commercial communications facilities
and services in planning for and in event of an emergency, includ-
ing an attack on the United States.
(18) Furnish military requirements for all forms of transporta-
tion and transportation facilities in planning for and in the event
of emergency, including an attack upon the United States.
(19) Assist the Office of Emergency Preparedness in prepara-
tion of legislative programs and plans for coordinating nonmili-
tary support of emergency preparedness programs.
(20) Develop plans and procedures for the Department of De-
fense utilization of nonindustrial facilities in the event of an emer-
gency in order to reduce requirements for new construction and to
provide facilities in a minimum period of time.
(21) Advise and assist the Office of Emergency Preparedness in
(1) determining what key foreign facilities and operating rights
thereto are important to the security of the United States, and (2)
obtaining through appropriate channels protection against sabo-
tage.
(22) Develop plans and procedures to carry out Department of
Defense responsibilities stated in the National Censorship Agree-
ment between the Department of Defense and the Office of Emer-
gency Preparedness.
(23) Advise and assist the Department of State in planning for
the evacuation of dependents from overseas areas, United States
teachers and administrators in the overseas dependents schools,
and such other United States citizens as may be working in United
States schools overseas.
(24) Develop plans for implementation of approved Depart-
ment of State/Department of Defense policies and procedures for
the protection and evacuation of United States citizens and certain
designated aliens abroad.
(25) Develop plans and procedures for the provision of logisti-
cal support to members of foreign forces, their employees and —
dependents as may be present in the United States under the •
terms of bilateral or multilateral agreements which authorize such ™
support in the event of a national emergency.
(26) Develop with the Department of Transportation and Fed- ••
eral Communications Commission plans and programs for the con- mt
trol of air traffic, civil and military, during an emergency.
(27) Develop with the Federal Communications Commission
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and the Office of Telecommunications Policy (35 F.R. 6421) plans
an'd programs for the emergency control of all devices capable of
emitting electromagnetic radiation.
Part 5—Department of Justice
Section 501. Functions. The Attorney General shall perform the
following emergency preparedness functions:
(1) Emergency documents and measures. Provide advice, as
appropriate, with respect to any emergency directive or procedure
prepared by a department or agency as a part of its emergency
preparedness function.
(2) Industry support. As appropriate, review the legal proce-
dures developed by the Federal agencies concerned to be instituted
if it becomes necessary for the Government to institute extraordi-
nary measures with respect to vital production facilities, public
facilities, communications systems, transportation systems, or
other facility, system, or service essential to national survival.
(3) Judicial and legislative liaison. In cooperation with the
Office of Emergency Preparedness, maintain liaison with Federal
courts and with the Congress so there will be mutual understand-
ing of Federal emergency plans involving law enforcement and the
exercise of legal powers during emergencies of various magni-
tudes.
(4) Legal advice. Develop emergency plans for providing legal
advice to the President, the Cabinet, and the heads of Executive
departments and agencies wherever they may be located in an
emergency, and provide emergency procedures for the review as to
form and legality of Presidential proclamations, Executive orders,
directives, regulations, and documents, and of other documents
requiring approval by the President or by the Attorney General
which may be issued by authorized officers after an armed attack.
(5) Alien control and control of entry and departure. Develop
emergency plans for the control of alien enemies and other aliens
within the United States and, in consultation with the Department
of State and Department of the Treasury, develop emergency
plans for the control of persons attempting to enter or leave the
United States. These plans shall specifically include provisions for
the following:
(a) The location, restraint, or custody of alien enemies.
(b) Temporary detention of alien enemies and other persons
attempting to enter the United States pending determination of
their admissibility.
(c) Apprehension of deserting alien crewmen and stowaways.
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§ 501 EPA CURRENT LAWS—GENERAL
(d) Investigation and control of aliens admitted as contract •
laborers. * ^^
(e) Control of persons entering or departing from the United
States at designated ports of entry.
(f) Increased surveillance of the borders to preclude prohibited
crossings by persons.
(6) Alien property. Develop emergency plans, in consultation
with the Department of State, for the seizure and administration
of property of alien enemies under provisions of the Trading with
the Enemy Act [section 1 et seq. of this Appendix].
(7) Security standards. In consultation with the Department of
Defense and with other executive agencies, to the extent appropri-
ate, prepare plans for adjustment of security standards governing
the employment of Federal personnel and Federal contractors in
an emergency.
(8) Drug Control. Develop emergency plans and procedures for
the administration of laws governing the import, manufacture,
and distribution of narcotics. Consult with and render all possible
aid and assistance to the Office of Emergency Preparedness, the
Department of Health, Education, and Welfare, and the General •
Services Administration in the allocation, distribution, and, if nee- H
essary, the replenishment of Government stockpiles of narcotic
drugs.
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Sec. 502. Civil Defense Functions. In consonance with national
civil defense programs developed by the Department of Defense,
the Attorney General shall:
(1) Local law enforcement. Upon request, consult with and as-
sist the Department of Defense to plan, develop, and distribute
materials for use in the instruction and training of law enforce-
ment personnel for civil defense emergency operations; develop
and carry out a national plan for civil defense instruction and
training for enforcement officers, designed to utilize to the maxi- IB
mum extent practicable the resources and facilities of existing IB
Federal, State, and local police schools, academies, and other ap-
propriate institutions of learning; and assist the States in prepar-
ing for the conduct of intrastate and interstate law enforcement
operations to meet the extraordinary needs that would exist for
emergency police services under conditions of attack or imminent
attack.
(2 ) Penal and correctional institutions. Develop emergency
plans and procedures for the custody and protection of prisoners
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• and the use of Federal penal and correctional institutional re-
sources, when available, for cooperation with local authorities in
connection with mass feeding and housing, for the storage of
• standby emergency equipment, for the emergency use of prison
hospitals and laboratory facilities, for the continued availability of
prison-industry products, and, in coordination with the Depart-
• ment of Labor, for the development of Federal prisoner skills to
appropriately augment the total supply of manpower, advise
States and their political subdivisions regarding the use of State
• and local prisons, jails, and prisoners for the purpose of relieving
local situations and conditions arising from a state of emergency.
(3) Identification and location of persons. Develop emergency
plans and procedures for the use of the facilities and personnel of
the Department of Justice in assisting the Department of Health,
Education, and Welfare with the development of plans and proce-
dures for the identification of the dead and the reuniting of fam-
tt lies during a civil defense emergency.
Part 6—Post Office Department
• Section 601. Functions. The Postmaster General shall prepare
plans and programs for emergency mail service and shall cooper-
ate with indicated Federal agencies, in accordance with existing
• agreements or directives, in the following national emergency pro-
grams :
(1) Registering of persons. Assist the Department of Health,
• Education, and Welfare in planning a national program and devel-
oping technical guidance for States, and directing Post Office ac-
tivities concerned with registering persons and families for the
• purpose of receiving and answering welfare inquiries and reunit-
ing families in civil defense emergencies. The program shall in-
clude procurement, transportation, storage, and distribution of
safety notification and emergency change of address cards in
• quantities and localities jointly determined by the Department of
Defense and the Post Office Department.
(2) Other emergency programs, (a) Censorship of international
• mails. (Department of Defense; Department of the Treasury;
Office of Emergency Preparedness)
(b) Provision for emergency mail service to Federal agencies at
both regular and emergency sites. (General Services Administra-
tion)
(c) Emergency registration of Federal employees. (Civil Serv-
ice Commission)
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§ 601 EPA CURRENT LAWS—GENERAL
(d) Emergency leasing of space for Federal agencies. (General H
Services Administration)
(e) Registration of enemy aliens. (Department of Justice)
Section 701. Resume of Responsibilities. The Secretary of the
Interior shall prepare national emergency plans and develop pre-
paredness programs covering (1) electric power; (2) petroleum
and gas; (3) solid fuels; (4) minerals; and (5) water, as defined
in Section 702 of this part.
Sec. 702. Def nitions. As used in this part:
(1) "Electric power" means all forms of electric power and
energy, including the generation, transmission, distribution, and
utilization thereof.
(2) "Petroleum" means crude oil and synthetic liquid fuel, their
products, and associated hydrocarbons, including pipelines for
their movement and facilities specially designed for their storage.
(3) "Gas" means natural gas (including helium) and manufac-
tured gas, including pipelines for their movement and facilities
specially designed for their storage.
(4) "Solid fuels" means all forms of anthracite, bituminous,
sub-bituminous, and lignitic coals, coke, and coal chemicals pro-
duced in the coke-making process.
(5) "Minerals" means all raw materials of mineral origin (ex-
cept petroleum, gas, solid fuels, and source materials as defined in
the Atomic Energy Act of 1954, as amended) [section 2011 et seq.
of Title 42, The Public Health and Welfare] obtained by mining
and like operations and processed through the stages specified and
at the facilities designated in an agreement between the Secretary
of the Interior and the Secretary of Commerce as being within the
emergency preparedness responsibilities of the Secretary of the
Interior.
(6) "Water" means water from all sources except water after
its withdrawal into a community system, or an emergency system
for treatment, storage, and distribution for public use.
Sec. 703. Resource functions. With respect to the resources de-
fined in Ssction 702, the Secretary of the Interior shall:
(1) Minerals development. Develop programs and encourage the
exploration, development, and mining of strategic and critical
minerals for emergency purposes.
(2) Production. Provide guidance and leadership to assigned
industries in the development of plans and programs to insure the M
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• continuity of production in the event of an attack, and cooperate
with the Department of Commerca in the identification and evalu-
ation of essential facilities.
(3) Water. Develop plans with respect to water, including plans
for the treatment and disposal, after use, of water after its with-
drawal into a community system or an emergency system for
• treatment, storage, and distribution for public use. In developing
any plans relating to water for use on farms and in food facilities,
assure that those plans are in consonance with plans and pro-
I grams of the Department of Agriculture.
(4) Electric power and natural gas. In preparedness planning
for electric power and natural gas, the Federal Power Commission
_ shall assist the Secretary of the Interior as set forth in Section
• 1901 of this order.
Part 8—Department of Agriculture
• Section 801. Resume of Responsibilities. The Secretary of Agri-
culture shall prepare national emergency plans and develop pre-
paredness programs covering: (1) food resources, farm equip-
ment, fertilizer, and food resource facilities as defined below; (2)
lands under the jurisdiction of the Secretary of Agriculture; (3)
rural fire control; (4) defense against biological and chemical
warfare and radiological fallout pertaining to agricultural activi-
ties; and (5) rural defense information and education.
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Sec. 802. Definitions. As used in this part:
(1) "Food resources" means all commodities and products, sim-
pie, mixed, or compound, or complements to such commodities or
products, that are capable of being eaten or drunk, by either
human beings or animals, irrespective of other uses to which such
• commodities or products may be put, at all stages of processing
from the raw commodity to the products thereof in vendible form
for human or animal consumption. For the purposes of this order,
• the term "food resources" shall also include all starches, sugars,
vegetable and animal fats and oils, cotton, tobacco, wool, mohair,
hemp, flax fiber, and naval stores, but shall not include any such
material after it loses its identity as an agricultural commodity or
agricultural product.
(2) "Farm equipment" means machinery, equipment, and re-
pair parts manufactured primarily for use on farms in connection
• with the production or preparation for market or use of "food
resources".
(3) "Fertilizer" means any product or combination of products
for plant nutrition in form for distribution to the users thereof.
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§ 802 EPA CURRENT LAWS—GENERAL
(4) "Food resource facilities" means plants, machinery, vehi- H
cles (including on farm), and other facilities (including farm
housing) for the production, processing, distribution, and storage
(including cold storage) of food resources, and for domestic dis-
tribution of farm equipment and fertilizer.
Sec. 803. Functions. With respect to food resources, food re-
source facilities, lands under the jurisdiction of the Secretary,
farm equipment, and fertilizer, the Secretary of Agriculture shall:
(1) Production, processing, storage, and distribution. Develop
plans for priorities, allocations, and distribution control systems
and related plans, including control of use of facilities designed to
provide adequate and continuing production, processing, storage,
and distribution of essential food resources in an emergency, and
to provide for the domestic distribution of farm equipment and
fertilizer.
(2) Stockpiles. In addition to the food stockpile functions identi-
fied in Executive Order No. 10958 [set out as a note under section
2271 of this Appendix], take all possible measures in the adminis-
tration of Commodity Credit Corporation inventories of food re-
sources to assure the availability of such inventories when and
where needed in an emergency. The Secretary shall also develop
plans and procedures for the proper utilization of agricultural
items stockpiled for survival purposes.
(3) Land management. Develop plans and direct activities for
the emergency protection, management, and utilization of the
lands, resources, and installations under the jurisdiction of the
Secretary of Agriculture and assist in the development of plans
for the emergency operation, production, and processing of forest
products in cooperation with other Federal, State, and private
agencies.
Sec. 804. Civil Defense Functions. In consonance with national
civil defense programs developed by the Department of Defense,
the Secretary of Agriculture shall:
(1) Rural fire defense. In cooperation with Federal, State, and
local agencies, develop plans for a national program and direct
activities relating to the prevention and control of fires in the
rural areas of the United States caused by the effects of enemy
attack.
(2) Biological, chemical, and radiological warfare defense. De-
velop plans for a national program, direct Federal activities, and
furnish technical guidance to State and local authorities concern-
ing (a) diagnosis and strengthening of defensive barriers and
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control or eradication of diseases, pests, or chemicals introduced
as agents of biological or chemical warfare against animals,
crops, or products thereof; (b) protective measures, treatment,
and'handling of livestock, including poultry, agricultural commod-
ities on farms or ranches, agricultural lands, forest lands, and
water for agricultural purposes, any of which have been exposed
to or affected by radiation. Plans shall be developed for a national
program and direction of Federal activities to assure the safety
and wholesomeness and to minimize losses from biological and
chemical warfare, radiological effects, and other emergency haz-
ards of livestock, meat and meat products, poultry and poultry
products in establishments under the continuous inspection of the
Department of Agriculture, and agricultural commodities and
products owned by the Commodity Credit Corporation or by the
Department of Agriculture.
(3) Defense information and education. Conduct a defense in-
formation and education program in support of the Department's
emergency responsibilities.
• Part 9—Department of Commerce
Section 901. Resume of Responsibilities. The Secretary of Com-
merce shall prepare national emergency plans and develop prepar-
Iedness programs covering:
(1) The production and distribution of all materials, the use of
all production facilities (except those owned by, controlled by, or
under the jurisdiction of the Department of Defense or the Atomic
Energy Commission), the control of all construction materials,
and the furnishing of basic industrial services except those involv-
ing the following:
• (a) Production and distribution of and use of facilities for
petroleum, solid fuels, gas, electric power, and water;
(b) Production, processing, distribution, and storage of food
• resources and the use of food resource,facilities for such produc-
tion, processing, distribution, and storage;
(c) Domestic distribution of farm equipment and fertilizer;
(d) Use of communications services and facilities, housing and
lodging facilities, and health, education, and welfare facilities;
(e) Production, and related distribution, of minerals as defined
in Subsection 702(5), and source materials as defined in the
• Atomic Energy Act of 1954, as amended [section 2011 et seq. of
Title 42, The Public Health and Welfare] ; and the construction
and use of facilities designated as within the responsibilities of
the Secretary of the Interior:
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§ 901 EPA CURRENT LAWS—GENERAL
(f) Distribution of items in the supply systems of, or controlled •
by, the Department of Defense and the Atomic Energy Commis-
sion ; ^
(g) Construction, use and management of civil aviation fa'cili-
ties; and
(h) Construction and use of highways, streets, and appurtenant
structures.
(2) Federal emergency operational control responsibilities with
respect to ocean shipping, ports, and port facilities, except those
owned by, controlled by, or under the jurisdiction of the Depart-
ment of Defense, and except those responsibilities of the Depart-
ment of the Treasury with respect to the entrance and clearance
of vessels. The following definitions apply to this part:
(a) "Ocean shipping" includes all overseas, coastwise, inter-
coastal, and Great Lakes shipping except that solely engaged in
the transportation of passengers and cargo between United States
ports on the Great Lakes.
(b) "Port" or "port area" includes any zone contiguous to or
associated in the traffic network of an ocean or Great Lakes port,
or outport location, including beach loading.sites, within which
facilities exist for transshipment of persons and property between
domestic carriers and carriers engaged in coastal, intercoastal,
and overseas transportation.
(c) "Port facilities" includes all port facilities, port equipment
including harbor craft, and port services normally used in accom-
plishing the transfer or interchange of cargo and passengers be-
tween ocean-going vessels and other media of transportation, or in
connection therewith (including the Great Lakes).
(3) Scientific and technological services and functions, essential
to emergency preparedness plans, programs, and operations of the
Federal departments and agencies, in which the Department of
Commerce has the capability, including but not limited to:
(a) Meteorological and related services; ••
(b) Preparation, reproduction, and distribution of nautical and IB
aeronautical charts, geodetic, hydrographic, and oceanographic
data, and allied services for nonmilitary purposes;
(c) Standards of measurement and supporting services; and,
(d) Research, development, testing, evaluation, application, and
associated services and activities in the various fields and disci-
plines of science and technology in which the Department has
special competence.
(4) Collection, compilation, and reporting of census informa- m*
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tioi* and the provision of statistical and related services, as re-
quired, for emergency planning and operations.
(5) Regulation and control of exports and imports, under the
jurisdiction of the Department of Commerce, in support of na-
tional security, foreign policy, and economic stabilization objec-
tives.
(6) Regulation and control of transfers of capital to, and rein-
vestment of earnings of, affiliated foreign nationals pursuant to
authority conferred by Executive Order No. 11387 of January 1,
1968 [set out as a note under section 95a of Title 12, Banks and
Banking].
Sec. 902. Production Functions. Within the areas designated in
section 901 (1) hereof, the Secretary of Commerce shall:
(1) Priorities and allocations. Develop control systems for prior-
ities, allocation, production, and distribution, including provisions
for other Federal departments and agencies, as appropriate, to
serve as allotting agents for materials and other resources made
available under such systems for designated programs and the
construction and operation of facilities assigned to them.
(2) New construction. Develop procedures by which new pro-
duction facility construction proposals will be reviewed for appro-
priate location in light of such area factors as locational security,
availability of labor, water, power, housing, and other support
requirements.
(3) Industry evaluation. Identify and evaluate the national se-
curity essentiality of those products and services, and their pro-
ducing or supporting facilities, which are of exceptional impor-
tance to mobilization readiness, national defense, or post-attack
survival and recovery.
(4) Production capability. Analyze potential effects of attack on
actual production capability, taking into account the entire pro-
duction complex, including shortages of resources, and conduct
studies as a basis for recommending pre-attack measures that
would strengthen capabilities for post-attack production.
(5) Loans for plant modernization. Develop plans, in coordina-
tion with the Small Business Administration, for providing emer-
gency assistance to essential small business establishments
through direct loans or participation loans for the financing of
production facilities and equipment.
Sec. 903. Maritime Functions. Within the areas designated in
section 901 (2) of this part, the Secretary of Commerce shall de-
velop plans and procedures in consonance with international treat-
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ies, under coordinating authority of the Secretary of Transperta-
tion and in cooperation with other appropriate Federal agencies
and the States and their political subdivisions, to provide for Fed-
eral operational control of ocean ports and shipping, including*:
(1) Shipping allocation. Allocation of specific ocean shipping to
meet the national requirements, including those for military, for-
eign assistance, emergency procurement programs, and those es- •
sential to the civilian economy. ^"
(2) Ship acquisition. Provision of ships for ocean shipping by
purchase, charter, or requisition, by breakout from the national •
defense reserve fleet, and by construction. mm
(3) Operations. Operation of ocean shipping, directly or indi-
rectly.
(4) Traffic control. Provisions for the control of passengers and
cargo through port areas to assure an orderly and continuous flow
of such traffic.
(5) Traffic priority. Administration of priorities for the move-
ment of passengers and cargo through port areas.
(6) Port allocation. Allocation of specific ports and port facili-
ties to meet the needs of the Nation and our allies.
(7) Support activities. Performance of supporting activities
needed to carry out the above-described functions, such as: ascer-
taining national support requirements for ocean shipping, includ-
ing those for support of military and other Federal programs and
those essential to the civil economy; maintenance, repair, and
arming of ships; recruiting, training, and assigning of officers and ^B
seamen; procurement, warehousing, and issuance of ships' stores, WM
supplies, equipment, and spare parts; supervision of stevedoring
and bunkering; management of terminals, shipyards, repair, and
other facilities; and provision, maintenance, and restoration of WM
port facilities. ™
Sec. 904. Census Functions. Within the area designated in sec- MM
tion 901 (4) hereof, the Secretary of Commerce shall: •
(1) Provide for the collection and reporting of census informa-
tion on the status of human and economic resources, including —
population, housing, agriculture, manufacture, mineral industries, •
business, transportation, foreign trade, construction, and govern- ^^
ments, as required for emergency planning purposes.
(2) Plan, create, and maintain a capability for the conduct of WM
post-attack surveys to provide information on the status of surviv- ^*
ing populations and resources as required for the programs of the
Office of Emergency Preparedness. •
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_(3) Provide for and maintain the ability to make estimates of
attack effects on industry, population, and other resources for use
within the Department of Commerce.
Sec. 905. Civil Defense Functions. In consonance with national
civil defense programs developed by the Department of Defense,
the Secretary of Commerce shall:
(1) Weather functions. Prepare and issue currently, as well as
in an emergency, forecasts and estimates of areas likely to be
covered by radiological fallout in event of attack and make this
information available to Federal, State, and local authorities for
public dissemination.
(2) Geodetic, hydrographic, and oceanographic data. Provide
geodetic, hydrographic, and oceanographic data and services to
the Department of Defense and other governmental agencies, as
appropriate.
Part 10—Department of Labor
Section 1001. Resume of Responsibilities. The Secretary of
Labor shall have primary responsibility for preparing national
emergency plans and developing preparedness programs covering
civilian manpower mobilization, more effective utilization of lim-
ited manpower resources, including specialized personnel, wage
and salary stabilization, worker incentives and protection, man-
power resources and requirements, skill development and training,
research, labor-management relations, and critical occupations.
Sec. 1002. Functions. The Secretary of Labor shall:
(1) Civilian manpower mobilization. Develop plans and issue
guidance designed to utilize to the maximum extent civilian man-
power to resources, such plans and guidance to be developed with
the active participation and assistance of the States and local
political subdivisions thereof, and of other organizations and
agencies concerned with the mobilization of the people of the Un-
ited States. Such plans shall include, but not necessarily be limited
to:
(a) Manpower management. Recruitment, selection and refer-
ral, training, employment stabilization (including appeals proce-
dures) , proper utilization, and determination of the skill categor-
ies critical to meeting the labor requirements of defense and essen-
tial civilian activities;
(b) Priorities. Procedures for translating survival and produc-
tion urgencies into manpower priorities to be used as guides for
allocating available workers; and
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(c) Improving mobilization base. Programs for more effective •
utilization of limited manpower resources, and, in cooperation
with other appropriate agencies, programs for recruitment, train-
ing, allocation, and utilization of persons possessing specialized
competence or aptitude in acquiring such competence.
(2) Wage and salary stabilization. Develop plans and proce-
dures for wage and salary stabilization and for the national and
field organization necessary for the administration of such a pro-
gram in an emergency, including investigation, compliance, and
appeals procedures; statistical studies of wages, salaries, and
prices for policy decisions and to assist operating stabilization
agencies to carry out their functions.
(3) Worker incentives and protection. Develop plans and proce-
dures for wage and salary compensation and death and disability
compensation for authorized civil defense workers and, as appro-
priate, measures for unemployment payments, re-employment
rights, and occupational safety, and other protection and incen-
tives for the civilian labor force during an emergency.
(4) Skill development and training. Initiate current action pro-
grams to overcome or offset present or anticipated manpower defi-
ciencies, including those identified as a result of resource and
requirements studies.
(5) Labor-management relations. Develop, after consultation
with the Department of Commerce, the Department of Transpor-
tation, the Department of Defense, the National Labor Relations
Board, the Federal Mediation and Conciliation Service, the Na-
tional Mediation Board, and other appropriate agencies and
groups, including representatives of labor and management, plans
and procedures, including organization plans for the maintenance
of effective labor-management relations during a national emer-
gency.
Part 11—Department of Health, Education, and Welfare
Section 1101. Resume of Responsibilities. In addition to the
medical stockpile functions identified in Executive Order No.
10958 [set out as a note under section 2271 of this Appendix], the
Secretary of Health, Education, and Welfare shall prepare na-
tional emergency plans and develop preparedness programs cover-
ing health services, civilian health manpower, health resources,
welfare services, social security benefits, credit union operations,
and educational programs as defined below.
Sec. 1102. Definitions. As used in this part:
(1) "Emergency health services" means medical and dental care ••
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for the civilian population in all of their specialties and adjunct
therapeutic fields, and the planning, provision, and operation of
ftrst'aid stations, hospitals, and clinics; preventive health services,
including detection, identification and control of communicable di-
seases, their vectors, and other public health hazards, inspection
and control of purity and safety of food, drugs, and biologicals;
vital statistics services; rehabilitation and related services for dis-
abled survivors; preventive and curative care related to human
exposure to radiological, chemical, and biological warfare agents ;
sanitary aspects of disposal of the dead; food and milk sanitation;
community solid waste disposal; emergency public water supply;
and the determination of the heatlh significance of water pollution
and the provision of other services pertaining to health aspects of
water use and water-borne wastes as set forth in an agreement
between the Secretary of Health, Education, and Welfare and the
Secretary of the Interior, approved by the President, pursuant to
Reorganization Plan No. 2 of 1966 [set out by the Appendix to
Title 5, Government Organization and Employees], which plan
placed upon the Secretary of the Interior responsibilities for the
prevention and control of water pollution. It shall be understood
that health services for the purposes of this order, however, do not
encompass the following areas for which the Department of Agri-
culture has responsibility: plant and animal diseases and pest
prevention, control, and eradication, wholesomeness of meat and
meat products, and poultry and poultry products in establishments
under continuous inspection service by the Department of Agricul-
ture, veterinary biologicals, agricultural commodities and products
owned by the Commodity Credit Corporation or the Secretary of
Agriculture, livestock, agricultural commodities stored or harvest-
able on farms and ranches, agricultural lands and water, and
registration of pesticides.
(2) "Health manpower" means physicians (including osteo-
paths) ; dentists; sanitary engineers; registered professional
nurses; and such other occupations as may be included in the List
of Health Manpower Occupations issued for the purposes of this
part by the Director of the Office of Emergency Preparedness
after agreement by the Secretary of Labor and the Secretary of
Health, Education, and Welfare.
(3) "Health resources" means manpower, material, and facili-
ties required to prevent the impairment of, improve, and restore
the physical and mental health conditions of the civilian popula-
tion.
(4) "Emergency welfare services" means feeding; clothing;
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ana reuniting lamiiies; care 01 unaccompanied cmiaren, tne agea,
the handicapped, and other groups needing specialized cafe or
services; necessary financial or other assistance; counseling and
referral services to families and individuals; aid to welfare insti-
tutions under national emergency or post-attack conditions; and
all other feasible welfare aid and services to people in need during
a civil defense emergency. Such measures include organization,
direction, and provision of services to be instituted before attack,
in the event of strategic or tactical evacuation, and after attack in
the event of evacuation or of refuge in shelters.
(5) "Social security benefits" means the determination of enti-
tlement and the payment of monthly insurance benefits to those
eligible, such as workers who have retired because of age or disa-
bility and to their dependent wives and children, and to the eligi-
ble survivors of deceased workers. It also includes determinations
of eligibility and payments made on behalf of eligible individuals
to hospitals, home health agencies, extended care facilities, physi-
cians, and other providers of medical services.
(6) "Credit union operations" means the functions of any credit
union, chartered either by a State or the Federal Government, in
stimulating systematic savings by members, the investment and
protection of those savings, providing loans for credit union mem-
bers at reasonable rates, and encouraging sound credit and thrift
practices among credit union members.
(7) "Education" or "training" means the organized process of
learning by study and instruction primarily through public and
private systems.
Sec. 1103. Health Functions. With respect to emergency health •
services, as defined above, and in consonance with national civil
defense plans, programs, and operation of the Department of De- mm
fense under Executive Order No. 10952 [set out as a note under •
section 2271 of this Appendix], the Secretary of Health, Educa- ™
tion, and Welfare shall:
(1) Professional training. Develop and direct a nationwide pro-
gram to train health manpower both in professional and technical
occupational content and in civil defense knowledge and skills.
Develop and distribute health education material for inclusion in flj
the curricula of schools, colleges, professional schools, government •
schools, and other educational facilities throughout the United
States. Develop and distribute civil defense information relative to ••
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health services to States, voluntary agencies, and professional
groups.
(2) Emergency public water supply. Prepare plans to assure the
provision of usable water supplies for human consumption and
other essential community uses in an emergency. This shall in-
clude inventorying existing community water supplies, planning
for other alternative sources of water for emergency uses, setting
standards relating to human consumption, and planning commu-
nity distribution. In carrying on these activities, the Department
shall have primary responsibility but will make maximum use of
the resources and competence of State and local authorities, the
Department of the Interior, and other Federal agencies.
(3) Radiation. Develop and coordinate programs of radiation
measurement and assessment as may be necessary to carry out the
responsibilities involved in the provision of emergency health
services.
(4) Biological and chemical warfare. Develop and coordinate
programs for the prevention, detection, and identification of
human exposure to chemical and biological warfare agents as
may be necessary to carry out the responsibilities involved in the
provision of emergency health services, including the provision of
guidance and consultation to Federal, State, and local authorities
on measures for minimizing the effects of biological or chemical
warfare.
(5) Food, drugs, and biologicals. Plan and direct national pro-
grams for the maintenance of purity and safety in the manufac-
ture and distribution of food, drugs, and biologicals in an emer-
gency.
(6) Disabled survivors. Prepare national plans for emergency
operations of vocational rehabilitation and related agencies, and
for measures and resources necessary to rehabilitate and make
available for employment those disabled persons among the sur-
viving population.
Sec. 1104. Welfare Functions. With respect to emergency wel-
fare services as defined above, and in consonance with national
civil defense plans, programs, and operations of the Department
of Defense under Executive Order No. 10952 [set out as a note
under section 2271 of this Appendix'], the Secretary of Health,
Education, and Welfare shall:
(1) Federal support. Cooperate in the development of Federal
support procedures, through joint planning with other depart-
ments and agencies, including but not limited to the Post Office
Department, the Department of Labor, and the Selective Service
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§ 1104 EPA CURRENT LAWS—GENERAL
System, the Department of Housing and Urban Development, and H
resource agencies, including the Department of Agriculture, the
Department of the Interior, and the Department of Commerce, for _
logistic support of State and community welfare services in'an •
emergency. ^*
(2) Emergency welfare training. Develop and direct a nation-
wide program to train emergency welfare manpower for the exe-
cution of the functions set forth in this part, develop welfare
educational materials, including self-help program materials for
use with welfare organizations and professional schools, and de-
velop and distribute civil defense information relative to emer-
gency welfare services to States, voluntary agencies, and profes-
sional groups.
(3) Financial aid. Develop plans and procedures for financial
assistance to individuals injured or in want as a result of enemy
attack and for welfare institutions in need of such assistance in an
emergency. •
(4) Non-combatant evacuees to the Continental United States. HI
Develop plans and procedures for assistance, at ports of entry to
U. S. personnel evacuated from overseas areas, their onward
movement to final destination, and follow-up assistance after ar-
rival at final destination.
Sec. 1105. Social Security Functions. With respect to social secu- ••
rity, the Secretary of Health, Education, and Welfare shall: V
(1) Social security benefits. Develop plans for the continuation
or restoration of benefit payments to those on the insurance rolls mm
as soon as possible after a direct attack upon the United States, H
and prepare plans for the acceptance and disposition of current
claims for social security benefits.
(2) Health insurance. Develop plans for the payment of health
insurance claims for reimbursement for items or services provided
by hospitals, physicians, and other providers of medical services
submitted by or on behalf of individuals who are eligible under the
Medicare program [section 1395 et seq. of Title 42, The Public
Health and Welfare].
Sec. 1106. Credit Union Functions. With respect to credit union •
functions, the Secretary of Health, Education, and Welfare shall: ^
(1) Credit union operations. Provide instructions to all State
and Federally chartered credit unions for the development of •
emergency plans to be put into effect as soon as possible after an Wf
attack upon the United States in order to guarantee continuity of
credit union operations.
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t
(2) Economic stabilization. Provide guidance to credit unions
that will contribute to stabilization of the Nation's economy by
helping to establish and maintain a sound economic base for com-
bating inflation, maintaining confidence in public and private fin-
ancial institutions, and promoting thrift.
Sec. 1107. Education Functions. With respect to education, the
Secretary of Health, Education, and Welfare shall:
(1) Program guidance. Develop plans and issue guidance for the
continued function of educational systems under all conditions of
national emergency. Although extraordinary circumstances may
require the temporary suspension of education, plans should pro-
vide for its earliest possible resumption.
(2) Educational adjustment. Plan to assist civilian educational
institutions, both public and private, to adjust to demands laid
upon them by a large expansion of government activities during
any type of emergency. This includes advice and assistance to
schools, colleges, universities, and other educational institutions
whose facilities may be temporarily needed for Federal, State, or
local government programs in an emergency or whose faculties
and student bodies may be affected by the demands of a sudden or
long-standing emergency.
(3) Post-attack recovery. Develop plans for the rapid restora-
tion and resumption of education at all levels after an attack. This
includes assistance to educators and educational institutions to
locate and use surviving facilities, equipment, supplies, books, and
educational personnel. Particular emphasis shall be given to the
role of educational institutions and educational leadership in re-
viving education and training in skills needed for post-attack re-
covery.
(4) Civil defense education. In consonance with national civil
defense plans, programs, and operations of the Department of
Defense, develop and issue instructional materials to assist
schools, colleges, and other educational institutions to incorporate
emergency protective measures and civil defense concepts into
their programs. This includes assistance to various levels of educa-
tion to develop an understanding of the role of the individual,
family, and community for civil defense in the nuclear age.
Part 12—Department of Housing and Urban Development
Section 1201. Resume of Responsibilities. The Secretary of
Housing and Urban Development shall prepare national emer-
gency plans and develop preparedness programs covering all as-
pects of housing, community facilities related to housing, and
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§ 1201 EPA CURRENT LAWS—GENERAL
m
urban development (except that housing assets under the jurisdic- •
tion and control of the Department of Defense, other than those
leased for terms not in excess of one year, shall be and remain the
responsibility of the Department of Defense). •
Sec. 1202. Definition. As used in this part:
(1) "Emergency housing" means any and all types of accommo-
dations used as dwellings in an emergency.
(2) "Community facilities related to housing" means installa-
tions necessary to furnish water, sewer, electric, and gas services
between the housing unit or project and the nearest practical
source or servicing point.
(3) "Urban development" means the building or restoration of
urban community, suburban, and metropolitan areas (except
transportation facilities).
Sec. 1203. Housing and Community Facilities Functions. The
Secretary of Housing and Urban Development shall:
(1) New housing. Develop plans for the emergency construction
and management of new housing and the community facilities
related thereto to the extent that it is determined that it may be
necessary to provide for such construction and management with
public funds and through direct Federal action, and to the extent
that such construction of new housing may have to be provided
through Federal financial or credit assistance. H
(2) Community facilities. Develop plans to restore community ^™
facilities related to housing affected by an emergency through the
repair of damage, the construction of new facilities, and the use of fll
alternate or back-up facilities. •
Sec. 1204. Urban Development Functions. The Secretary of
Housing and Urban Development shall:
(1) Regional cooperation. Encourage regional emergency plan-
ning and cooperation among State and local governments with
respect to problems of housing and metropolitan development.
(2) Vulnerability and redevelopment. In cooperation with the
Office of Emergency Preparedness, develop criteria and provide
guidance for the design and location of housing and community
facilities related to housing to minimize the risk of loss under
various emergency situations. Develop criteria for determining
which areas should be redeveloped in the event of loss or severe
damage resulting from emergencies. •
Sec. 1205. Civil Defense Functions. In consonance with national
civil defense plans, programs, and operations of the Department «
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of Defense under Executive Order No. 10952 [set out as a note
under section 2271 of this Appendix], the Secretary of Housing
and Urban Development shall:
/I) Transitional activities. Develop plans for the orderly
transfer of people from fallout shelters and from billets to tempo-
rary or permanent housing, including advice and guidance for
State and local government agencies in the administration thereof.
These plans shall be coordinated with national plans and guidance
for emergency welfare services of the Department of Health, Edu-
cation, and Welfare.
(2) Temporary housing. Develop plans for the emergency repair
and restoration for use of damaged housing, for the construction
and management of emergency housing units and the community
facilities related thereto, for the emergency use of tents and trail-
ers, and for the emergency conversion for dwelling use of non-re-
sidential structures, such activities to be financed with public
funds through direct Federal action or through financial or credit
assistance.
(3) Shelter. In conformity with national shelter policy, assist in
the development of plans to encourage the construction of shelters
for both old and new housing, and develop administrative proce-
dures to encourage the use of low-cost design and construction
techniques to maximize protection in connection with national
programs.
Part 13—Department of Transportation
Section 1301. Resume of Responsibilities. The Secretary of
Transportation, in carrying out his responsibilities to exercise
leadership in transportation matters affecting the national defense
and those involving national or regional transportation emergen-
cies, shall prepare emergency plans and develop preparedness pro-
grams covering:
(1) Preparation and promulgation of over-all national policies,
plans, and procedures related to providing civil transportation of
all forms—air, ground, water, and pipelines, including public stor-
age and warehousing (except storage of petroleum and gas and
agricultural food resources including cold storage) : Provided that
plans for the movement of petroleum and natural gas through
pipelines shall be the responsibility of the Secretary of the Inte-
rior except to the extent that such plans are a part of functions
vested in the Secretary of Transportation by law;
(2) Movement of passengers and materials of all types by all
forms of civil transportation;
(3) Determination of the proper apportionment and allocation
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§ 1301 EPA CURRENT LAWS—GENERAL
for control of the total civil transportation capacity, or any por-
tion thereof, to meet over-all essential civil and military needs; "
(4) Determination and identification of the transportation re-
sources available and required to meet all degrees of national B
emergencies and regional transportation emergencies; fli
(5) Assistance to the various States, the local political subdivi-
sions thereof, and non-governmental organizations and systems MB
engaged in transportation activities in the preparation of emer- •
gency plans;
(6) Rehabilitation and recovery of the Nation's transportation ^_
systems; and •
(7) Provisions for port security and safety, for aids to mari- ™*
time navigation, and for search and rescue and law enforcement
over, upon, and under the navigable waters of the United States
and the high seas.
Sec. 1302. Transportation Planning and Coordination Functions.
In carrying out the provisions of Section 1301, the Secretary of
Transportation, with assistance and support of other Federal,
State and local governmental agencies, and the transport indus-
tries, as appropriate, shall:
(1) Obtain, assemble, analyze, and evaluate data on current and
projected emergency requirements of all claimants for all forms of
civil transportation to meet the needs of the military and of the
civil economy, and on current and projected civil transportation
resources—of all forms—available to the United States to move
passengers or materials in an emergency. __
(2) Develop plans and procedures to provide—under emergency •
conditions—for the collection and analysis of passenger and cargo ™*
movement demands as they relate to the capabilities of the various
forms of transport, including the periodic assessment of over-all |H
transport resources available to meet emergency requirements. IB
(3) Conduct a continuing analysis of transportation require-
ments and capabilities in relation to economic projections for the MB
purpose of initiating actions and/or recommending incentive H
and/or regulatory programs designed to stimulate government
and industry improvement of the structure of the transportation ^^
system for use in an emergency. •
(4) Develop systems for the control of the movement of passen- ™*
gers and cargo by all forms of transportation, except for those
resources owned by, controlled by, or under the jurisdiction of the
Department of Defense, including allocation of resources and as-
signment of priorities, and develop policies, standards, and proce-
dures for emergency enforcement of these controls. ••
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Sec. 1303. Departmental Emergency Transportation Prepared-
ness. Except for those resources owned by, controlled by, or under
the jurisdiction of the Department of Defense, the Secretary of
Transportation shall prepare emergency operational plans and
programs for, and develop a capability to carry out, the transpor-
tation operating responsibilities assigned to the Department, in-
cluding but not limited to :
(1) Allocating air carrier civil air transportation capacity and
equipment to meet civil and military requirements.
(2) Emergency management, including construction, recon-
struction, and maintenance of the Nation's civil airports, civil
aviation operating facilities, civil aviation services, and civil air-
craft (other than air carrier aircraft), except manufacturing fa-
cilities.
(3) Emergency management of all Federal, Stats, city, local,
and other highways, roads, streets, bridges, tunnels, and appurten-
ant structures, including:
(a) The adaptation, development, construction, reconstruction,
and maintenance of the Nation's highway and street systems to
meet emergency requirements;
(b) The protection of the traveling public by assisting State
and local authorities in informing them of the dangers of travel
through hazardous areas; and
(c) The regulation of highway traffic in an emergency through
a national program in cooperation with all Federal, State, and
local governmental units or other agencies concerned.
(4) Emergency plans for urban mass transportation, including:
(a) Providing guidance to urban communities in their emer-
gency mass transportation planning efforts, either directly or
through State, regional, or metropolitan agencies;
(b) Coordinating all such emergency planning with the Depart-
ment of Housing and Urban Development to assure compatibility
with emergency plans for all other aspects of urban development;
(c) Maintaining an inventory of urban mass transportation
systems.
(5) Maritime safety and law enforcement over, upon, and under
the high seas and water, subject to the jurisdiction of the United
States, in the following specific programs:
(a) Safeguarding vessels, harbors, ports, and waterfront facili-
ties from destruction, loss or injury, accidents, or other causes of
a similar nature.
(b) Safe passage over, upon and under the high seas and Un-
ited States waters through effective and reliable systems of aids to
navigation and ocean stations.
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(c) Waterborne access to ice-bound locations in furtherance of
national economic, scientific, defense, and consumer needs. "
(d) Protection of lives, property, natural resources, and na-
tional interests through enforcement of Federal law and timely
assistance.
(e) Safety of life and property through regulation of commer-
cial vessels, their officers and crew, and administration of mari-
time safety law.
(f) Knowledge of the sea, its boundaries, and its resources
through collection and analysis of data in support of the national
interest.
(g) Operational readiness for essential wartime functions.
(6) Planning for the emergency management and operation of
the Alaska Railroad, and for the continuity of railroad and petro-
leum pipeline safety programs.
(7) Planning for the emergency operation and maintenance of
the United States-controlled sections of the Saint Lawrence Sea-
way.
Part 14—Atomic Energy Commission
Section 1401. Functions. The Atomic Energy Commission shall
prepare national emergency plans and develop preparedness pro-
grams for the continuing conduct of atomic energy activities of
the Federal Government. These plans and programs shall be de-
signed to develop a state of readiness in these areas with respect
to all conditions of national emergency, including attack upon the
United States and, consistent with applicable provisions of the
Atomic Energy Act of 1954, as amended [section 2011 et seq. of
Title 42, The Public Health and Welfare], shall be closely coordi-
nated with the Department of Defense and the Office of Emer-
gency Preparedness. The Atomic Energy Commission shall:
(1) Production. Continue or resume in an emergency essential
(a) manufacture, development, and control of nuclear weapons
and equipment, except to the extent that the control over such
weapons and equipment shall have been transferred to the Depart-
ment of Defense; (b) development and technology related to reac-
tors; (c) process development and production of feed material,
special nuclear materials, and other special products; (d) related
raw materials procurement, processing, and development; and (e)
repair, maintenance, and construction related to the above.
(2) Regulation. Continue or resume in an emergency (a) con- flj
trolling the possession, use, transfer, import, and export of atomic •
materials and facilities; and (b) ordering the operation or suspen-
sion of licensed facilities, and recapturing from licensees, where ••
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necessary, special nuclear materials whether related to military
support or civilian activities.
(3) Public health and safety. Shut down, where required, in
anticipation of an imminent enemy attack on the United States,
and maintain under surveillance, all Commission-owned facilities
which could otherwise constitute a significant hazard to public
health and safety, and insure the development of appropriate
emergency plans for nuclear reactors and other nuclear activities
licensed by the Commission whether privately-owned or Govern-
ment-owned.
(4) Scientific, technical, and public atomic energy information.
Organize, reproduce, and disseminate appropriate public atomic
energy information and scientific and technical reports and data
relating to nuclear science research, development, engineering, ap-
plications, and effects to interested Government agencies, the sci-
entific and technical communities, and approved, friendly, and co-
operating foreign nations.
(5) International atomic energy affairs. Maintain, in consulta-
tion with the Department of State, essential liaison with foreign
nations with respect to activities of mutual interest involving
atomic energy.
(6) Health services. Assist the Department of Health, Educa-
tion, and Welfare, consistent with the above requirements, in inte-
grating into civilian health programs in an emergency the Com-
mission's remaining health manpower and facilities not required
for the performance of the Commission's essential emergency
functions.
(7) Priorities and allocations. Plan for the administration of
any priorities and allocations authority delegated to the Atomic
Energy Commission. Authorize procurement and production
schedules and make allotments of controlled materials pursuant to
program determinations of the Office of Emerg3ncy Preparedness.
Part 15—Civil Aeronautics Board
Section 1501. Definitions. As used in this part:
(1) "War Air Service Program" (hereinafter referred to as
WASP) means the program designed to provide for the mainte-
nance of essential civil air routes and services, and to provide for
the distribution and redistribution of air carrier aircraft among
civil air transport carriers after withdrawal of aircraft allocated
to the Civil Reserve Air Fleet.
(2) "Civil Reserve Air Fleet" (hereinafter referred to as
GRAF) means those air carrier aircraft allocated by the Secretary
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§ 1501 EPA CURRENT LAWS—GENERAL
of Transportation to the Department of Defense to meet essential H
military needs in the event of an emergency. ^
Sec. 1502. Functions. The Civil Aeronautics Board, under the
coordinating authority of the Secretary of Transportation, shall:
(1) Distribution of aircraft. Develop plans and be prepared to
carry out such distribution and redistribution of all air carrier
civil aircraft allocated by the Secretary of Transportation among H
the civil air transport carriers as may be necessary to assure the H
maintenance of essential civil routes and services under WASP
operations after the GRAF requirements have been met.
(2) Economic regulations. Develop plans covering route authori- H
zations and operations, tariffs, rates, and fares charged the public, Hi
mail rates, government compensation and subsidy, and accounting
and contracting procedures essential to WASP operations. •
(3) Operational controls and priorities. Develop plans and proce- HJ
dures for the administration of operational controls and priorities
of passenger and cargo movements in connection with the utiliza- _
tion of air carrier aircraft for WASP purposes in an emergency. HI
(4) Investigation. Maintain the capability to investigate viola- ^^
tions of emergency economic regulations affecting air carrier op-
erations, flj
(5) Contracting. Prepare to perform as a contracting agency, if Hj
such an agency is necessary, in connection with distribution and
redistribution of aircraft for WASP. mm
Part 16—Export-Import Bank of the United States ^^
Section 1601. Functions, (a) Under guidance of the Secretary of
the Treasury, the Export-Import Bank shall develop plans for the
utilization of the resources of the Bank, or other resources made
available to the Bank, in expansion of productive capacity abroad
for essential materials, foreign barter arrangements, acquisition
of emergency imports, and in support of the domestic economy, or
any other plans designed to strengthen the relative position of the
Nation and its allies.
(b) In carrying out the guidance functions described above, the
Secretary of the Treasury shall consult with the Secretary of
State and the Secretary of Commerce as appropriate.
Part 17—Federal Bank Supervisory Agencies
Section 1701. Financial Plans and Programs. The Board of Gov-
ernors of the Federal Reserve System, the Comptroller of the
Currency, the Federal Home Loan Bank Board, the Farm Credit
Administration, and the Federal Deposit Insurance Corporation
shall participate with the Office of Emergency Preparedness, the _
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Department of the Treasury, and other agencies in the formula-
tion of emergency financial and stabilization policies. The heads of
such" agencies shall, as appropriate, develop emergency plans, pro-
grams, and regulations, in consonance with national emergency
financial and stabilization plans and policies, to cope with poten-
tial economic effects of mobilization or an attack, including, but
not limited to, the following:
(1) Money and credit. Provision and regulation of money and
credit in accordance with the needs of the economy, including the
acquisition, decentralization, and distribution of emergency sup-
plies of currency; the collection of cash items and non-cash items;
and the conduct of fiscal agency and foreign operations.
(2) Financial institutions. Provision for the continued or re-
sumed operation of banking, savings and loan, and farm credit
institutions, including measures for the re-creation of evidence of
assets or liabilities destroyed or inaccessible.
(3) Liquidity. Provision of liquidity necessary to the continued
or resumed operation of banking, savings and loan, credit unions,
and farm credit institutions, including those damaged or de-
stroyed by enemy action.
(4) Cash withdrawals and credit transfers. Regulation of the
withdrawal of currency and the transfer of credits including de-
posit and share account balances.
(5) Insurance. Provision for the assumption and discharge of
liability pertaining to insured deposits and insured savings ac-
counts or withdrawable shares in banking and savings and loan
institutions destroyed or made insolvent.
Sec. 1702. Sharing of war losses. Heads of agencies shall, as
appropriate, participate with the Office of Emergency Prepared-
ness and the Department of the Treasury in the development of
policies, plans, and procedures for implementation of national pol-
icy on sharing war losses.
Part 18—Federal Communications Commission
Section 1801. Definitions. As used in this part:
(1) "Common carrier" means any person subject to Commis-
sion regulation engaged in providing, for use by the public, for
hire, interstate or foreign communications facilities or services by
wire or radio; but a person engaged in radio 'broadcasting shall
not, insofar as such person is so engaged, be deemed a common
carrier.
(2) "Broadcast facilities" means those stations licensed by the
Commission for the dissemination of radio communications in-
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1801 EPA CURRENT LAWS—GENERAL
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tended to be received by the public directly or by the intermediary H
of relay stations.
(3) "Safety and special radio services" includes those "non-
broadcast and non-common carrier services which are licensed by •
the Commission under the generic designation "safety and special M
radio services" pursuant to the Commission's Rules and Regula-
tions. •
Sec. 1802. Functions. The Federal Communications Commission
shall develop policies, plans, and procedures, in consonance with
national telecommunications plans and policies developed pursuant H
to Executive Order No. 10705 [set out as a note under section 606 ™
of Title 47, Telegraphs, Telephones, and Radiotelegraphs], Execu-
tive Order No. 11556 [set out as a note under section 305 of Title
47, Telegraphs, Telephones, and Radiotelegraphs], Executive
Order No. 11051 [set out as a note under section 2271 of this
Appendix], the Presidential Memorandum of August 21, 1963, _
"Establishment of the National Communications System", and •
other appropriate authority, covering:
(1) Common carrier service, (a) Extension, discontinuance, or
reduction of common carrier facilities or services, and issuance of Hj
appropriate authorizations for such facilities, services, and per- H
sonnel in an emergency; and control of all rates, charges, prac-
tices, classifications, and regulations for service to Government
and non-Government users during an emergency, in consonance
with overall national economic stabilization policies.
(b) Development and administration of priority systems for _
public correspondence and for the use and resumption of leased •
inter-city private line service in an emergency. ™
(c) Use of common carrier facilities and services to overseas
points to meet vital needs in an emergency. H
(2) Broadcasting service. Construction, activation, or deactiva- •
tion of broadcasting facilities and services, the continuation or
suspension of broadcasting services and facilities, and issuance of ••
appropriate authorizations for such facilities, services, and per- •
sonnel in an emergency.
(3) Safety and special radio services. Authorization, operation, _
and use of safety and special radio services, facilities, and person- •
nel in the national interest in an emergency. ™
(4) Radio frequency assignment. Assignment of radio frequen-
cies, and their use by, Commission licensees in an emergency.
(5) Electromagnetic radiation. Closing of any radio station or
any device capable of emitting electromagnetic radiation or sus-
pension or amending any rules or regulations applicable thereto
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in any emergency, except for those belonging to, or operated by,
any department or agency of the United States Government.
(6) Investigation and enforcement. Investigation of violations
of .pertinent law and regultions in an emergency, and develop-
ment of procedures designated to initiate, recommend, or other-
wise bring about appropriate enforcement actions required in the
interest of national security.
Part 19—Federal Power Commission.
Section 1901. Functions. The Federal Power Commission shall
assist the Department of the Interior in conformity with Part 7,
in the preparation of national emergency plans and the develop-
ment of preparedness programs for electric power and natural gas
in the areas as set forth in the Memorandum of Agreement dated
August 9, 1962, between the Secretary of the Interior and the
Chairman of the Federal Power Commission.
Part 20—General Services Administration
Section 2001. Resume of Responsibilities. The Administrator of
General Services shall prepare national emergency plans and de-
velop preparedness programs designed to permit modification or
expansion of the activities of the General Services Administration
under the Federal Property and Administrative Services Act of
1949, as amended [see short title note under section 471 of Title
40, Public Buildings, Property, and Works] and other statutes
prescribing the duties and responsibilities of the Administrator.
These plans and programs shall include, but not be limited to: (1)
operation, maintenance, and protection of Federal buildings and
their sites; construction, alteration, and repair of public build-
ings ; and acquisition, utilization, and disposal of real and personal
properties; (2) public utilities service management for Federal
agencies; (3) telecommunications to meet the essential require-
ments of civilian activities of executive departments and agencies;
(4) transportation management to meet the traffic service require-
ments of civilian activities of Federal agencies; (5) records man-
agement; (6) Emergency Federal Register; (7) Government-wide
supply support; (8) service to survival items stockpiles; (9) na-
tional industrial reserve; (10) guidance and consultation to Gov-
ernment agencies regarding facilities protection measures; (11)
administration of assigned functions under the Defense Produc-
tion Act [section 2061 et seq. of this Appendix] ; and (12) admin-
istration and operation of the stockpile of strategic and critical
materials in accordance with policies and guidance furnished by
the Office of Emergency Preparedness.
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Sec. 2002. Functions. The Administrator of General Services •
shall: . ™
(1) Public buildings. Develop emergency plans and procedures
for the operation, maintenance, and protection of both existing H
and new Federally-owned and Federally-occupied buildings, and ™
construction, alteration, and repair of public buildings. Develop
emergency operating procedures for the control, acquisition, as-
signment, and priority of occupancy of real property by the Fed-
eral Government and by State and local governments to the extent
they may be performing functions as agents of the Federal Gov- •
eminent. •
(2) Public utility service management. Develop emergency
operational plans and procedures for the claimancy, procurement, _
and use of public utility services for emergency activities of •
executive agencies of the Government. ™
(3) Communications. Plan for and provide, operate, and main-
tain appropriate telecommunications facilities designed to meet •
the essential requirements of Federal civilian departments and ™
agencies during an emergency within the framework of the Na-
tional Communications System. Plans and programs of the Ad-
ministrator shall be in consonance with national telecommuni-
cations policies, plans, and programs developed pursuant to Exec-
utive Order No. 10705 [set out as a note under section 606 of Title
47, Telegraphs, Telephones, and Radiotelegraphs], Executive
Order No. 11556 [set out as a note under section 305 of Title 47,
Telegraphs, Telephones, and Radiotelegraphs], Executive Order
No. 11051 [set out as a note under section 2271 of this Appendix],
and the Presidential Memorandum of August 21, 1963, "Establish-
ment of the National Communications System," or other appropri-
ate authority.
(4) Transportation. Develop plans and procedures for provid-
ing: (a) general transportation and traffic management services
to civilian activities of Federal agencies in connection with move- ,_
ment of property and supplies, including the claimancy, contract- •
ing, routing, and accounting of Government shipments by com-
mercial transportation in time of emergency; and (b) motor vehi-
cle service to meet the administrative needs of Federal agencies, H
including dispatch and scheduled Government motor service at H
and between headquarters, field offices, relocation sites, and other
installations of the Federal and State governments.
(5) Records. Provide instructions and advice on appraisal, selec-
tion, preservation, arrangement, reference, reproduction, storage,
and salvage of essential records needed for the operation of the
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Fed.eral Government after attack, on an emergency basis, includ-
ing a decentralized system.
(€) Federal Register. Develop emergency procedures for provid-
ing end making available, on a decentralized basis, a Federal Reg-
ister of Presidential Proclamations and Executive Orders, Federal
administrative regulations, Federal emergency notices and ac-
tions, and Acts of Congress during a national emergency.
(7) Government-wide procurement and supply. Prepare plans
and procedures for the coordination and/or operation of Govern-
ment-wide supply programs to meet the requirements of Federal
agencies under emergency conditions, including the development
of policies, methods, and procedures for emergency procurement
and for emergency requisitioning of private property when au-
thorized by law and competent authority; identification of essen-
tial civil agency supply items under the Federal catalog system;
development of emergency Federal specifications and standards;
determination of sources of supply; procurement of personal prop
erty and nonpersonal services; furnishing appropriate inspection
and contract administration services; and establishment, coordina-
tion, and/or operation of emergency storage and distribution fa-
cilities.
(8) Survival item stockpiles. Assist the Department of Health,
Education, and Welfare, insofar as civil defense medical stockpile
items under its jurisdiction are concerned, and the Department of
Defense, insofar as survival items under its jurisdiction are con-
cerned, in formulating plans and programs for service activity
support relating to stockpiling of such supplies and equipment.
The Administrator shall arrange for the procurement, storage,
maintenance, inspection, survey, withdrawal, and disposal of
supplies and equipment in accordance with the provisions of inter-
agency agreements with the departments concerned.
(9) National industrial reserve and machine tool program. De-
velop plans for the custody of the industrial plants and production
equipment in the national industrial reserve and assist the Depart-
ment of Defense, in collaboration with the Department of Com-
merce, in the development of plans and procedures for the disposi-
tion, emergency reactivation, and utilization of the plants and
equipment of this reserve in the custody of the Administrator.
(10) Excess and surplus real and personal property. Develop
plans and emergency operating procedures for the utilization of
excess and surplus real and personal property by Federal Govern-
ment agencies with emergency assignments or by State and local
governmental units as directed, including review of the property
holdings of Federal agencies which do not possess emergency
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functions to determine the availability of property for emergency •
use, and including the disposal of real and personal property and ™
the rehabilitation of personal property.
(11) Facilities protection and building and shelter manager •
service. In accordance with the guidance from the Department of ^
Defense, promote, with respect to Federal buildings and installa-
tions, a Government-wide program (a) to stimulate protection, •
preparedness, and control in emergencies in order to minimize the B
effects of overt or covert attack, including dispersal of facilities;
and (b) to establish shelter manager organizations, including
safety and service personnel, shelter manager service, first aid,
police, and evacuaton service.
Sec. 2003. Defense Production. The Administrator of General
Services shall assist the Office of Emergency Preparedness in the
formulation of plans and programs relating to the certification of
procurement programs, subsidy payments, and plant improvement
programs provided for by the Defense Production Act of 1950, as
amended [section 2061 et seq. of this Appendix].
Sec. 2004. Strategic and Critical Materials Stockpiles. The Ad-
ministrator of General Services shall assist the Office of Emer-
gency Preparedness in formulating plans, programs, and reports
relating to the stockpiling of strategic and critical materials.
Within these plans and programs, the Administrator shall provide
for the procurement (for this purpose, procurement includes up-
grading, rotation, and beneficiation), storage, security, mainte-
nance, inspection, withdrawal, and disposal of materials, supplies,
and equipment.
Part 21—Interstate Commerce Commission
Section 2101. Resume of Responsibilities. The Chairman of the
Interstate Commerce Commission, under the coordinating author-
ity of the Secretary of Transportation, shall prepare national
emergency plans and develop preparedness programs covering
railroad utilization, reduction of vulnerability, maintenance, resto-
ration, and operation in an emergency (other than for the Alaska
Railroad—see Section 1303 (6)); motor carrier utilization, reduc-
tion of vulnerability, and operation in an emergency; inland wa-
terway utilization of equipment and shipping, reduction of vulner-
ability, and operation in an emergency; and also provide guidance
and consultation to domestic surface transportation and storage
industries, as defined below, regarding emergency preparedness _
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measures, and to States regarding development of their transpor-
tation plans in assigned areas.
Sec. 2102. Definitions. As used in this part:
(1) "Domestic surface transportation and storage" means rail,
motor, and inland water transportation facilities and services and
public storage;
(2) "Public storage" includes warehouses and other places
which are used for the storage of property belonging to persons
other than the persons having the ownership or control of such
premises ;
(3) "Inland water transportation" includes shipping on all in-
land waterways and Great Lakes shipping engaged solely in the
transportation of passengers or cargo between United States ports
on the Great Lakes;
(4) Specifically excluded, for the purposes of this part, are
pipelines, petroleum and gas storage, agricultural food resources
storage, including the cold storage of food resources, the St. Lawr-
ence Seaway, ocean ports and Great Lakes ports and port facili-
ties, highways, streets, roads, bridges, and related appurtenances,
maintenance of inland waterways, and any transportation owned
by or pre-allocated to the military.
Sec. 2103. Transportation Functions. The Interstate Commerce
Commission shall:
(1) Operational control. Develop plans with appropriate private
transportation and storage organizations and associations for the
coordination and direction of the use of domestic surface transpor-
tation and storage facilities for movement of passenger and
freight traffic.
(2) Emergency operations. Develop and maintain necessary or-
ders and regulations for the operation of domestic surface trans-
port and storage industries in an emergency.
Part 22—National Aeronautics and Space Administration
Section 2201. Functions. The Administrator of the National
Aeronautics and Space Administration shall:
(1) Research and development. Adapt and utilize the scientific
and technological capability of the National Aeronautics and
Space Administration, consistent with over-all requirements, to
meet priority needs of the programs of the Federal Government in
an emergency. This will include the direction and conduct of es-
sential research and development activities relating to (a) air-
craft, spacecraft, and launch vehicles, (b) associated instrumenta-
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tion, guidance, control and payload, propulsion, and commuriica- •
tions systems, (c) scientific phenomena affecting both manned .and ™
unmanned space flights, (d) the life sciences (biology, medicine,
and psychology) as they apply to aeronautics and space, and (e) JH
atmospheric and geophysical sciences. vP
(2) Military support. Provide direct assistance as requested by
the Department of Defense and other agencies in support of the
military effort. This may include (a) undertaking urgent projects
to develop superior aircraft, spacecraft, launch vehicles, and
weapons systems, (b) developing methods to counter novel or
revolutionary enemy weapons systems, (c) providing technical
advice and assistance on matters involving air and space activi-
ties, and (d) furnishing personnel and facilities to assist in emer-
gency repairs of equipment deficiencies and for other essential
purposes.
Part 23—National Science Foundation
Section 2301. Functions. The Director of the National Science
Foundation shall:
(1) Manpower functions. Assist the Department of Labor in
sustaining readiness for the mobilization of civilian manpower by:
(a) maintaining the Foundation's register of scientific and techni-
cal personnel in such form and at such locations as will assure
maximum usefulness in an emergency; (b) being prepared for
rapid expansion of the Foundation's current operation as a central
clearing house for information covering all scientific and technical
personnel in the United States and its possessions; and (c) devel- H
oping, in consultation with the Department of Labor, the Selective ™
Service System, the Department of Defense, and the Office of
Science and Technology, plans and procedures to assure the most ••
effective distribution and utilization of the Nation's scientific and gp
engineering manpower in an emergency.
(2) Special functions, (a) Provide leadership in developing,
with the assistance of Federal and State agencies and appropriate
nongovernmental organizations, the ability to mobilize scientists,
in consonance with over-all civilian manpower mobilization pro-
grams, to perform or assist in performance of special tasks, in- H
eluding the identification of and defense against unconventional •
warfare; (b) advance the national radiological defense capability
by including, in consultation with appropriate agencies, pertinent ••
scientific information and radiological defense techniques in the •
Foundation's scientific institute program for science, mathematics,
and engineering teachers; (c) assemble data on the location and ^_
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character of major scientific research facilities, including non-gov-
ernmental as well as government facilities, and their normal in-
ventories of types of equipment and instruments which would be
useful in identification and analysis of hazards to human life in
the aftermath of enemy attack; and (d) prepare to carry on
necessary programs for basic research and for training of scien-
tific manpower.
Part 24—Railroad Retirement Board
Section 2401. Functions. The Railroad Retirement Board shall:
(1) Manpower functions. Within the framework of the over-all
manpower plans and programs of the Department of Labor, assist
in the mobilization of civilian manpower in an emergency by de-
veloping plans for the recruitment and referral of that segment of
the Nation's manpower resources subject to the Railroad Retire-
ment and Railroad Unemployment Insurance Acts [sections 228a
et seq. and 351 et seq. of Title 45, Railroads].
(2) Benefit payments. Develop plans for administering, under
emergency conditions, the essential aspects of the Railroad Retire-
ment Act and Railroad Unemployment Insurance Act [sections
228a et seq. and 351 et seq. of Title 45, Railroads] consistent with
overall Federal plans for the continuation of benefit payments
after an enemy attack.
Part 25—Securities and Exchange Commission
Section 2501. Functions. The Securities and Exchange Commis-
• sion shall collaborate with the Secretary of the Treasury in the
development of emergency financial control plans, programs, pro-
cedures, and regulations for :
1(1) Stock trading. Temporary closure of security exchanges,
suspension of redemption rights, and freezing of stock and bond
prices, if required in the interest of maintaining economic con-
trols.
(2) Modified trading. Development of plans designed to reesta-
blish and maintain a stable and orderly market for securities
when the situation permits under emergency conditions.
1(3) Protection of securities. Provision of a national records
system which will make it possible to establish current ownership
of securities in the event major trading centers and depositories
• are destroyed.
(4) Flow of capital. The control of the formation and flow of
private capital as it relates to new securities offerings or expan-
sion of prior offerings for the purpose of establishing or reesta-
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Wishing industries in relation to the Nation's needs in or following •
a national emergency. "
(5) Flight of capital. The prevention of the flight of capital
outside this country, in coordination with the Secretary of Com- fl|
merce, and the impounding of securities in the hands of enemy •
aliens.
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Part 26—Small Business Administration
Section 2601. Functions. The Administrator of the Small Busi-
ness Administration shall:
(1) Prime contract authority. Develop plans to administer a
program for the acquisition of prime contracts by the Administra-
tion and, in turn, for negotiating or otherwise letting of subcon-
tracts to capable small business concerns in an emergency.
(2) Resource information. Provide data on facilities, invento-
ries, and potential production capacity of small business concerns
to all interested agencies.
(3) Procurement. Develop plans to determine jointly with Fed-
eral procurement agencies, as appropriate, which defense con-
tracts are to go to small business concerns and to certify to the
productive and financial ability of small concerns to perform spe-
cific contracts, as required.
(4) Loans for plant modernization. Develop plans for providing
emergency assistance to essential individual industrial establish-
ments through direct loans or participation loans for the financing
of production facilities and equipment.
(5) Resource pools. Develop plans for encouraging and approv-
ing small business defense production and research and develop-
ment pools.
(6) Financial assistance. Develop plans to make loans, directly
or in participation with private lending institutions, to small busi-
ness concerns and to groups or pools of such concerns, to small
business investment companies, and to State and local develop-
ment companies to provide them with funds for lending to small
business concerns, for defense and essential civilian purposes.
Part 27—Tennessee Valley Authority
Section 2701. Functions. The Board of Directors of the Tennes-
see Valley Authority shall:
(1) Electric power. Assist the Department of the Interior in the
development of plans for the integration of the Tennessee Valley
Authority power system into national emergency programs and
prepare plans for the emergency management, operation, and
maintenance of the system and for its essential expansion. ^B
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(2) Waterways. Assist the Interstate Commerce Commission,
under the coordinating authority of the Secretary of Transporta-
tion, in the development of plans for integration and control of
inland waterway transportation systems and, in cooperation with
the Department of Defense and the Department of the Interior,
prepare plans for the management, operation, and maintenance of
the river control system in the Tennessee River and certain of its
tributaries for navigation during an emergency.
(3) Flood control. Develop plans and maintain its river control
operations for the prevention or control of floods caused by natu-
ral phenomena or overt and covert attack affecting the Tennessee
River System and, in so doing, collaborate with the Department of
Defense with respect to the control of water in the lower Ohio and
Mississippi Rivers.
(4) Emergency health services and sanitary water supplies. As-
sist the Department of Health, Education, and Welfare in the
development of plans and programs covering emergency health
services, civilian health manpower, and health resources in the
Tennessee Valley authority area and, in collaboration with the
Department of the Interior and the Department of Health, Educa-
tion, and Welfare, prepare plans for the management, operation,
and maintenance of the Tennessee River System consistent with
the needs for sanitary public water supplies, waste disposal, and
vector control.
(5) Coordination of water use. Develop plans for determining or
proposing priorities for the use of water by the Tennessee Valley
Authority in the event of conflicting claims arising from the func-
tions listed above.
(6) Fertilizer. Assist the Department of Agriculture in the de-
velopment of plans for the distribution and claimancy of ferti-
lizer ; assist the Department of Commerce and the Department of
Defense in the development of Tennessee Valley Authority produc-
tion quotas and any essential expansion of production facilities,
and prepare plans for the management, operation, and mainte-
nance of its facilities for the manufacture of nitrogen and phos-
phorous fertilizers.
(7) Munitions production. Perform chemical research in muni-
tions as requested by the Department of Defense, maintain
standby munitions production facilities, and develop plans for con-
verting and utilizing fertilizer facilities as required in support of
the Department of Defense's munitions program.
(8) Land management. Develop plans for the maintenance,
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§ 2701 EPA CURRENT LAWS—GENERAL
management, and utilization of Tennessee Valley Authority-con-
trolled lands in the interest of an emergency economy.
(9) Food and forestry. Assist the Department of Agriculture in
the development of plans for the harvesting and processing offish
and game, and the Department of Commerce in the development
of plans for the production and processing of forest products.
(10) Coordination with Valley States. Prepare plans and agree-
ments with Tennessee Valley States, consistent with Federal pro-
grams, for appropriate integration of Tennessee Valley Authority
and State plans for the use of available Tennessee Valley Author-
ity resources.
Part 28—United States Civil Service Commission
Section 2801. Functions. The United States Civil Service Com-
mission shall :
(1) Personnel system. Prepare plans for adjusting the Federal
civilian personnel system to simplify administration and to meet •
emergency demands. |J
(2) Utilization. Develop policies and implementing procedures
designed to assist Federal agencies in achieving the most effective
utilization of the Federal Government's civilian manpower in an
emergency.
(3) Manpower policies. As the representative of the Federal
Government as an employer, participate, as appropriate, in the
formulation of national and regional manpower policies as they
affect Federal civilian personnel and establish implementing poli-
cies as necessary.
(4) Manpower administration. Prepare plans, in consonance
with national manpower policies and programs, for the adminis-
tration of emergency civilian manpower and employment policies
within the executive branch of the Government, including the
issuance and enforcement of regulations to implement such poli-
cies.
(5) Wage and salary stabilization. Participate, as appropriate,
with the Office of Emergency Preparedness and the Department of
Labor in the formulation of national and regional wage and salary
stabilization policies as they affect Federal civilian personnel.
Within the framework of such policies, prepare plans for the
implementation of such policies and controls established for em-
ployees within the executive branch of the Government, including
the issuance and enforcement of necessary regulations.
(6) Assistance. Develop plans for rendering personnel manage-
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merit and staffing assistance to new and expanding Federal agen-
cies.
(7.) Recruiting. Develop plans for the coordination and control
of civilian recruiting policies and practices by all Federal agencies
in order to increase the effectiveness of the total recruitment ef-
forts during an emergency and to prevent undesirable recruitment
practices.
(8) Reassignment. Develop plans to facilitate the reassignment
or transfer of Federal civilian employees, including the movement
of employees from one agency or location to another agency or
location, in order to meet the most urgent needs of the executive
branch during an emergency.
(9) Registration. Develop plans and procedures for a nation-
wide system of post-attack registration of Federal employees to
provide a means for locating and returning to duty those employ-
ees who become physically separated from their agencies after an
enemy attack, and to provide for the maximum utilization of the
skills of surviving employees.
(10) Deferment. Develop plans and procedures for a system to
control Government requests for the selective service deferment of
employees in the executive branch of the Federal Government and
in the municipal government of the District of Columbia.
(11) Investigation. Prepare plans, in coordination with agencies
having responsibilities in the personnel security field, for the con-
duct of national agency checks and inquiries, limited suitability
investigations, and full field investigations under emergency con-
ditions.
(12) Salaries, wages, and benefits. Develop plans for operating
under emergency conditions the essential aspects of salary and
wage systems and such benefit systems as the Federal Employees
Retirement System, the Federal Employees Group Life Insurance
Program, the Federal Employees and Retired Federal Employees
Health Benefits Programs, and the Federal Employees Compensa-
tion Program.
(13) Federal manpower mobilization. Assist Federal agencies in
establishing manpower plans to meet their own emergency man-
power requirements; identify major or special manpower prob-
lems of individual Federal agencies and the Federal Government
as a whole in mobilizing a civilian work force to meet essential
emergency requirements; identify sources of emergency man-
power supply for all agencies where manpower problems are indi-
cated ; and develop Government-wide plans for the use of surplus
Federal civilian manpower.
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§ 2801 EPA CURRENT LAWS—GENERAL
(14) Distribution of manpower. Participate in the formulation
of policies and decisions on the distribution of the nation's civilian
manpower resources, obtain appropriate civilian manpower .data
from Federal agencies, and establish necessary implementing poli-
cies and procedures within the Executive Branch.
(15) Training. Develop, organize, and conduct, as appropriate,
interagency training programs in emergency personnel manage-
ment for Federal employees.
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Part 28A—United States Information Agency ^^
Section 2850. Functions, (a) The Director of the United States I
Information Agency shall prepare national emergency plans and
develop preparedness programs for the continuation of essential
emergency foreign information activitites. These plans and pro-
grams shall be designed to develop a state of readiness which will
permit continuing necessary activities under all conditions of na-
tional emergency including attack upon the United States.
(b) The Director shall (1) develop plans for the formulation
and execution of foreign information programs utilizing the Agen-
cy's overseas posts and all media designed to promote an intelli-
gent understanding abroad of the status of the emergency within
the United States and the efforts, policies, activities, needs, and
aims of the United States in dealing with the international situa-
tion then existing; (2) develop emergency plans and programs, •
and emergency organizational structures required thereby, as an ™
integral part of the continuing activities of the United States
Information Agency on the basis that it will have the responsibil- •
ity of carrying on such programs during an emergency; (3) pro- |J|
vide and maintain the capability necessary for simultaneous direct
radio broadcasting in major world languages to all areas of the ••
world and wireless teletype to all United States Embassies; (4) H
provide advice to the Executive Branch on foreign opinion, and its
implications for United States policies, programs, and official
statements; (5) maintain liaison with the information agencies of
friendly nations for the purpose of relating the United States
Government information programs and facilities to those of such
nations; (6) participate in the development of policy with regard
to the psychological aspects of defense and develop plans for as-
sisting the appropriate agencies in the execution of psychological
operations with special attention to overseas crises short of war; gw
(7) maintain United States Information Service staffs abroad for •
the conduct of public information for all agencies of the Govern-
ment, recognizing that in a theater of operations the United States ^
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Information Agency would make available to the appropriate
Commander all United States citizen personnel on the staff of the
Agency, who agree to remain, to serve in support of psychological
operations; and (8) lend appropriate support in psychological
warfare to the military command in the theater or theaters of
active military operations, and provide daily guidance and basic
informational materials.
(c) The Director shall insure development of the appropriate
plans necessary under this Part and issue emergency instructions
required to implement all appropriate plans developed under this
Part.
Part 29—Veterans Administration
Section 2901. Functions. The Administrator of Veterans Affairs
shall develop policies, plans, and procedures for the performance
of emergency functions with respect to the continuation or resto-
ration of authorized programs of the Veterans Administration
under all conditions of national emergency, including attack upon
the United States. These include:
(1) The emergency conduct of inpatient and outpatient care
and treatment in Veterans Administration medical facilities and
participation with the Departments of Defense and Health, Edu-
cation, and Welfare as provided for in interagency agreements.
(2) The emergency conduct of compensation, pension, rehabili-
tation, education, and insurance payments consistent with over-all
Federal plans for the continuation of Federal benefit payments.
(3) The emergency performance of insurance and loan guar-
anty functions in accordance with indirect stabilization policies
and controls designed to deal with various emergency conditions.
Part 30—General Provisions
Section 3001. Resource Management. In consonance with the
national preparedness, security, and mobilizaton readiness plans,
programs, and operations of the Office of Emergency Prepared-
ness under Executive Order No. 11051 of September, 7, 1962 [set
out as a note under section 2271 of this Appendix], and subject to
the provisions of the preceding parts the head of each department
and agency shall:
(1) Priorities and allocations. Develop systems for the emer-
gency application of priorities and allocations to the production,
distribution, and use of resources for which he has been assigned
responsibility.
(2) Requirements. Assemble, develop as appropriate, and evalu-
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§ 3001 EPA CURRENT LAWS—GENERAL
ate requirements for assigned resources, taking into account esti- •
mated needs for military, atomic energy, civilian, and foreign ™
purposes. Such evaluation shall take into consideration geographi-
cal distribution of requirements under emergency conditions. •
(3) Evaluation. Assess assigned resources in order to estimate
availability from all sources under an emergency situation, ana-
lyze resource availabilities in relation to estimated requirements,
and develop appropriate recommendations and programs, includ-
ing those necessary for the maintenance of an adequate mobiliza-
tion base. Provide data and assistance before and after attack for
national resource analysis purposes of the Office of Emergency
Preparedness.
(5) Claimancy. Prepare plans to claim from the appropriate
agency supporting materials, manpower, equipment, supplies, and
services which would be needed to carry out assigned responsibili-
ties and other essential functions of his department or agency, and
cooperate with other agencies in developing programs to insure
availability of such resources in an emergency.
Sec. 3002. Facilities protection and warfare effects monitoring —*
and reporting. In consonance with the national preparedness, secu- •
rity, and mobilization readiness plans, programs, and operations ^
of the Office of Emergency Preparedness under Executive Order
No. 11051 [set out as a note under section 2271 of this Appendix], flj
and with the national civil defense plans, programs, and opera- ^P
tions of the Department of Defense under Executive Order No.
10952 [set out as a note under section 2271 of this Appendix], the
head of each department and agency shall:
(1) Facilities protection. Provide facilities protection guidance
material adapted to the needs of the facilities and services con-
cerned and promote a national program to stimulate disaster pre-
paredness and control in order to minimize the effects of overt or
covert attack on facilities or other resources for which he has _
management responsibility. Guidance shall include, but not be lim- •
ited to, organization and training of facility employees, personnel ™
shelter, evacuation plans, records protection, continuity of man-
agement, emergency repair, dispersal of facilities, and mutual aid tt
assocaitions for an emergency. mi
(2) Welfare effects monitoring and reporting. Maintain a capa-
bility, both at national and field levels, to estimate the effects of
attack on assigned resources and to collaborate with and provide
data to the Office of Emergency Preparedness, the Department of
Defense, and other agencies, as appropriate, in verifying and up- M
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datijig estimates of resource status through exchanges of data and
mutual assistance, and provide for the detection, identification,
monitoring and reporting of such warfare effects at selected facili-
ties under his operation or control.
(3) Salvage and rehabilitation. Develop plans for salvage, de-
contamination, and rehabilitation of facilities involving resources
under his jurisdiction.
(4) Shelter. In conformity with national shelter policy, where
authorized to engage in building construction, plan, design, and
construct such buildings to protect the public to the maximum
extent feasible against the hazards that could result from an at-
tack upon the United States with nuclear weapons; and where
empowered to extend Federal financial assistance, encourage re-
cipients of such financial assistance to use standards for planning
design and construction which will maximize protection for the
public.
Sec. 3003. Critical skills and occupations, (a) The Secretaries of
Defense, Commerce, and Labor shall carry out the mandate of the
National Security Council, dated February 15, 1968, to "maintain
a continuing surveillance over the Nation's manpower needs and
identify any particular occupation or skill that may warrant quali-
fying for deferment on a uniform national basis." In addition, the
Secretaries of Defense, Commerce, Labor, and Health, Education,
and Welfare shall carry out the mandate of the National Security
Council to "maintain a continuing surveillance over the Nation's
manpower and education needs to identify any area of graduate
study that may warrant qualifying for deferment in the national
interest." In carrying out these functions, the Secretaries con-
cerned shall consult with the National Science Foundation with
respect to scientific manpower requirements.
(b) The Secretaries of Commerce and Labor shall maintain and
issue, as necessary, lists of all essential activities and critical occu-
pations that may be required for emergency preparedness pur-
poses.
Sec. 3004. Research. Within the framework of research policies
and objectives established by the Office of Emergency Prepared-
ness, the head of each department and agency shall supervise or
conduct research in areas directly concerned with carrying out
emergency preparedness responsibilities, designate representa-
tives for necessary ad hoc or task force groups, and provide advice
and assistance to other agencies in planning for research in areas
involving each agency's interest.
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§ 3005 EPA CURRENT LAWS—GENERAL
Sec. 3005. Stockpiles. The head of each department and agency, •
with appropriate emergency responsibilities, shall assist the Office
of Emergency Preparedness in formulating and carrying- out
plans for stockpiling of strategic and critical materials, and- sur-
vival items.
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Sec. 3006. Direct Economic Controls. The head of each depart-
ment and agency shall cooperate with the Office of Emergency •
•§
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Preparedness and the Federal financial agencies in the develop-
ment of emergency preparedness measures involving emergency
financial and credit measures, as well as price, rent, wage and
salary stabilization, and consumer rationing programs.
Sec. 3007. Financial Aid. The head of each department and
agency shall develop plans and procedures in cooperation with the
Federal financial agencies for financial and credit assistance to
those segments of the private sector for which he is responsible in
the event such assistance is needed under emergency conditions.
Sec. 3008. Functional Guidance. The head of each department
and agency in carrying out the functions assigned to him by this
order, shall be guided by the following:
(1) National program guidance. In consonance with the national
preparedness, security, and mobilization readiness plans, pro-
grams, and operations of the Office of Emergency Preparedness
under Executive Order No. 11051 [set out as a note under section
2271 of this Appendix], and with the national civil defense plans,
programs, and operations of the Department of Defense, technical
guidance shall be provided to State and local governments and
instrumentalities thereof, to the end that all planning concerned
with functions assigned herein will be effectively coordinated. Re-
lations with the appropriate segment of the private sector shall be M
maintained to foster mutual understanding of federal emergency •
plans.
(2) Interagency coordination. Emergency preparedness func- ^—
tions shall be coordinated by the head of the department or agency •
having primary responsibility with all other departments and ™
agencies having supporting functions related thereto.
(3) Emergency preparedness. Emergency plans, programs, and H
an appropriate state of readiness, including organizational readi- •§
ness, shall be developed as an integral part of the continuing
activities of each department or agency on the basis that the
department or agency will have the responsibility for carrying out
such plans and programs during an emergency. The head of each
department or agency shall be prepared to implement all appropri- ^
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ate plans developed under this order. Modifications and temporary
organizational changes, based on emergency conditions, shall be in
accordance with policy determinations by the President.
(4) Professional liaison. Mutual understanding and support of
emergency preparedness activities shall be fostered, and the Na-
tional Defense Executive Reserve shall be promoted by maintain-
ing relations with the appropriate non-governmental sectors.
Sec. 3009. Training. The head of each department and agency
shall develop and direct training programs which incorporate
emergency preparedness and civil defense training information
programs necessary to insure the optimum operational effective-
ness of assigned resources, systems, and facilities.
Sec. 3010. Emergency Public Information. In consonance with
such emergency public information plans and central program
decisions of the Office of Emergency Preparedness, and with
plans, programs, and procedures established by the Department of
Defense to provide continuity of programming for the Emergency
Broadcast System, the head of each department and agency shall:
(1) Obtain and provide information as to the emergency func-
tions or assignments of the individual department or agency for
dissemination to the American people during the emergency, in
accordance with arrangements made by the Office of Emergency
Preparedness.
(2) Determine requirements and arrange for prerecordings to
provide continuity of program service over the Emergency Broad-
cast System so that the American people can receive information,
advice, and guidance pertaining to the implementation of the civil
defense and emergency preparedness plans or assignments of each
individual department or agency.
Sec. 3011. Emergency Actions. This order does not confer au-
thority to put into effect any emergency plan, procedure, policy,
program, or course of action prepared or developed pursuant to
this order. Plans so developed may be effectuated only in the event
that authority for such effectuation is provided by a law enacted
by the Congress or by an order or directive issued by the Presi-
dent pursuant to statutes or the Constitution of the United States.
Sec. 3012. Redelegation. The head of each department and
agency is hereby authorized to redelegate the functions assigned
to him by this order, and to authorize successive redelegations to
agencies or instrumentalities of the United States, and to officers
and employees of the United States.
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§ 3013 EPA CURRENT LAWS—GENERAL
Sec. 3013. Transfer of Functions. Any emergency preparedness
function under this order, or parts thereof, may be transferred
from one department or agency to another with the consent of the
heads of the organizations involved and with the concurrence of
the Director of the Office of Emergency Preparedness. Any new
emergency preparedness function may be assigned to the head of a
department or agency by the Director of the Office of Emergency mm
Preparedness by mutual consent. H
Sec. 3014. Retention of Existing Authority. Except as provided
in Section 3015, nothing in this order shall be deemed to derogate mm
from any now existing assignment of functions to any department H
or agency or officer thereof made by statute, Executive order, or
Presidential directives, including Memoranda.
Sec. 3015. Revoked Orders. The following are hereby revoked:
(1) Defense Mobilization Order VI-2 of December 11,1953.
(2) Defense Mobilization Order 1-12 of October 5,1954.
(3) Executive Order No. 10312 of December 10,1951.
(4) Executive Order No. 10346 of April 17,1952.
(5) Executive Order No. 10997 of February 16,1962.
(6) Executive Order No. 10998 of February 16,1962. •
(7) Executive Order No. 10999 of February 16,1962. •
(8) Executive Order No. 11000 of February 16,1962.
(9) Executive Order No. 11001 of February 16,1962. mm
(10) Executive Order No. 11002 of February 16, 1962. •
(11) Executive Order No. 11003 of February 16,1962.
(12) Executive Order No. 11004 of February 16,1962.
(13) Executive Order No. 11005 of February 16,1962. •
(14) Executive Order No. 11087 of February 26, 1963. •
(15) Executive Order No. 11088 of February 26,1963.
(16) Executive Order No. 11089 of February 26,1963. 9M
(17) Executive Order No. 11090 of February 26,1963. ||
(18) Executive Order No. 11091 of February 26,1963.
(19) Executive Order No. 11092 of February 26,1963.
(20) Executive Order No. 11093 of February 26,1963.
(21) Executive Order No. 11094 of February 26,1963.
(22) Executive Order No. 11095 of February 26,1963.
(23) Executive Order No. 11310 of October 11,1966. •
RICHARD NIXON
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EXECUTIVE ORDER NO. 11507
Feb. 4,1970, 35 Fed. Reg. 2573
PREVENTION, CONTROL, AND ABATEMENT OP AIR AND WATER POL-
LUTION 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 U.S.C. 1857) [section 1857 et seq.
of this title], the Federal Water Pollution Control Act, as
amended (33 U.S.C. 466) [section 466 et seq. of Title 33, Naviga-
tion and Navigable Waters], and the National Environmental Pol-
icy Act of 1969 (Public Law No. 91-190, approved January 1,
1970) [this chapter], 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 facil-
ities shall provide leadership in the nationwide effort to protect
and enhance 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
pollution 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
respectively the quality standards and related plans of implemen-
tation, including emission standards, adopted pursuant to the
Clean Air Act, as amended, and the Federal Water Pollution Con-
trol Act, as amended, or as prescribed pursuant to section 4(b) of
this order.
(e) The term "performance specifications" shall mean permissi-
ble limits of emissions, discharges, or other values applicable to a
particular Federal facility that would, as a minimum, provide for
conformance with air and water quality standards as defined
herein.
(f) The term "United States" shall mean the fifty States, the
District of Columbia, the Commonwealth of Puerto Rico, the Vir-
gin Islands, and Guam.
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§ 3 EPA CURRENT LAWS—GENERAL
Sec. 3. Responsibilities, (a) Heads of agencies shall, with regard H
to all facilities under their jurisdiction: •
(1) Maintain review and surveillance to ensure that the stand-
ards set forth in section 4 of this order are met on a continuing
basis.
(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 con- H
trol. m
(3) Consult with the respective Secretary concerning the best
techniques and methods available for the protection and enhance- H
ment of air and water quality. mt
(4) Develop and publish procedures, within six months of the
date of this order, to ensure that the facilities under their jurisdic-
tion 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
maintained so as to meet the following requirements:
(1) Facilities shall conform to air and water quality standards
as defined in section 2(d) of this order. In those cases where no
such air or water quality standards are in force for a particular
geographical area, Federal facilities in that area shall conform to
the standards established pursuant to subsection (b) of this sec-
tion. Federal facilities shall also conform to the performance spec-
ifications 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 dis-
posal 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 _
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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 Fed-
eral 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 opera-
tor qualifications and performance, for the use of heads of agen-
cies.
(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
appropriate, preventive measure shall be taken to entrap spillage
or discharge or otherwise to prevent accidental pollution. Each
agency, in consultation with the respective Secretary, shall estab-
lish appropriate 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 Radiation Council as published in the FEDERAL
REGISTER.
(b) In those cases where there are no air or water quality
standards as defined in section 2(d) of this order in force for a
particular geographic 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 estab-
lishing air or water quality standards for the purpose of this
order, including related schedules for implementation.
(c) The heads of agencies, in consultation with the respective
Secretary, 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 Secre-
tary and the heads of the agencies concerned. A report on exemp-
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§ 4 EPA CURRENT LAWS—GENERAL ™
tions granted shall be submitted to the Council on Environmental •
Quality periodically. ' •
Sec. 5. Procedures for abatement of air and water pollution at
existing Federal facilities, (a) Actions necessary to meet the" re-
quirements 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 enforcement conference called pursuant to law
or air and water quality standards 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. Subsequent revisions needed to keep any such plan
up-to-date shall be promptly submitted to the Director of the Bu-
reau of the Budget.
(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 speci-
fications are not adequate to meet such requirements, he shall
consult with the agency head and the latter shall thereupon de-
velop adequate performance specifications.
(d) As may be found necessary, heads of agencies may submit
•requests to the Director of the Bureau of the Budget for exten-
sions of time for a project beyond the time specified in section
5(a). The Director, 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 subsections 4(a) and (b). Full justification as to
the extraordinary circumstances 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
preventive measures necessary to meet the requirements of M
subsection (a) for the fiscal year ending June 30, 1971, and for H
any subsequent fiscal year.
Sec. 6. Procedures for new Federal facilities, (a) Heads of agen- ••
cies shall ensure that the requirements of section 4 of this order H
are considered at the earliest possible stage of planning for new
facilities.
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E. 0.11507 § 6
(b) A request for funds to defray the cost of designing and
constructing 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 require-
ments 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 performance 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 qual-
ity 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 the authorization or constructio'n of any Federal water
resources project in the United States. The Secretary of the Inte-
rior 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 pro-
ject 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 authoriza-
tion or construction, or a request for funding, of such a water
resource project. In any case in which the Secretary of the Inte-
rior fails to submit a report within 90 days after receipt of project
plans, the head of the agency concerned may propose authoriza-
tion, construction, or funding of the project without such an ac-
companying report. In such a case, the head of the agency con-
cerned shall explicitly state in his request or report concerning the
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§ 7 EPA CURRENT LAWS—GENERAL
project that the Secretary of the Interior has not reported oh the
potential impact of the project on water quality-
Sec. 8. Saving provisions. Except to the extent that they are
inconsistent 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.
Sec. 9. Orders Superseded. Executive Order No. 11282 of May •
26, 1966, and Executive Order No. 11288 of July 2, 1966, are •
hereby superseded.
RICHARD NIXON mm
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EXECUTIVE ORDER 11514
Mar. 5,1970, 35 Fed. Reg. 4247.
. PROTECTION AND ENHANCEMENT OF ENVIRONMENTAL QUALITY
By virtue of the authority vested in me as President of the
United States and in furtherance of the purpose and policy of the
National Environmental Policy Act of 1969 (Public Law No.
91-190, approved January 1, 1970), it is ordered as follows:
Section 1. Policy. The Federal Government shall provide lead-
ership in protecting and enhancing the quality of the Nation's
environment to sustain and enrich human life. Federal agencies
shall initiate measures needed to direct their policies, plans and
programs so as to meet national environmental goals. The Council
on Environmental Quality, through the Chairman, shall advise
and assist the President in leading this national effort.
Sec. 2. Responsibilities of Federal agencies. Consonant with
Title I of the National Environmental Policy Act of 1969, hereaf-
ter referred to as the "Act", the heads of Federal agencies shall:
(a) Monitor, evaluate, and control on a continuing basis their
agencies' activities so as to protect and enhance the quality of the
environment. Such activities shall include those directed to con-
trolling pollution and enhancing the environment and those de-
signed to accomplish other program objectives which may affect
the quality of the environment. Agencies shall develop programs
and measures to protect and enhance environmental quality and
shall assess progress in meeting the specific objectives of such
activities. Heads of agencies shall consult with appropriate Fed-
eral, State and local agencies in carrying out their activities as
they affect the quality of the environment.
(b) Develop procedures to ensure the fullest practicable provi-
sion of timely public information and understanding of Federal
plans and programs with environmental impact in order to obtain
the views of interested parties. These procedures shall include,
whenever appropriate, provision for public hearings, and shall
provide the public with relevant information, including informa-
tion on alternative courses of action. Federal agencies shall also
encourage State and local agencies to adopt similar procedures for
informing the public concerning their activities affecting the qual-
ity of the environment.
(c) Insure that information regarding existing or potential en-
vironmental problems and control methods developed as part of
research, development, demonstration, test, or evaluation activities
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is made available to Federal agencies, States, counties, municipal!- •
ties, institutions, and other entities, as appropriate. -.
(d) Review their agencies' statutory authority, administrative
regulations, policies, and procedures, including those relating to
loans, grants, contracts, leases, licenses, or permits, in order to
identify any deficiencies or inconsistencies therein which prohibit
or limit full compliance with the purposes and provisions of the
Act. A report on this review and the corrective actions taken or
planned, including such measures to be proposed to the President
as may be necessary to bring their authority and policies into
conformance with the intent, purposes, and procedures of the Act,
shall be provided to the Council on Environmental Quality not
later than September 1,1970.
(e) Engage in exchange of data and research results, and coop-
erate with agencies of other governments to foster the purposes of
the Act.
(f) Proceed, in coordination with other agencies, with actions
required by section 102 of the Act.
Sec. 3. Responsibilities of Council on Environmental Quality.
The Council on Environmental Quality shall:
(a) Evaluate existing and proposed policies and activities of the
Federal Government directed to the control of pollution and the
enhancement of the environment and to the accomplishment of
other objectives which affect the quality of the environment. This
shall include continuing review of procedures employed in the
development and enforcement of Federal standards affecting envi-
ronmental quality. Based upon such evaluations the Council shall,
where appropriate, recommend to the President policies and pro-
grams to achieve more effective protection and enhancement of
environmental quality and shall, where appropriate, seek resolu-
tion of significant environmental issues.
(b) Recommend to the President and to the agencies priorities
among programs designed for the control of pollution and for
enhancement of the environment.
(c) Determine the need for new policies and programs for deal-
ing with environmental problems not being adequately addressed.
(d) Conduct, as it determines to be appropriate, public hearings
or conferences on issues of environmental significance.
(e) Promote the development and use of indices and monitoring
systems (1) to assess environmental conditions and trends, (2) to
predict the environmental impact of proposed public and private
actions, and (3) to determine the effectiveness of programs for
protecting and enhancing environmental quality.
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(f) Coordinate Federal programs related to environmental
quality.
(g) Advise and assist the President and the agencies in achiev-
ing international cooperation for dealing with environmental
problems, under the foreign policy guidance of the Secretary of
State.
(h) Issue guidelines to Federal agencies for the preparation of
detailed statements on proposals for legislation and other Federal
actions affecting the environment, as required by section
102 (2) (C) of the Act.
(i) Issue such other instructions to agencies, and request such
reports and other information from them, as may be required to
carry out the Council's responsibilities under the Act.
(j) Assist the President in preparing the annual Environmental
Quality Report provided for in section 201 of the Act.
(k) Foster investigations, studies, surveys, research, and analy-
ses relating to (i) ecological systems and environmental quality,
(ii) the impact of new and changing technologies thereon, and
(iii) means of preventing or reducing adverse effects from such
technologies.
Sec. 4. Amendments of E.G. 11472. Executive Order No. 11472
of May 29, 1969, including the heading thereof, is hereby
amended:
(1) By substituting for the term "the Environmental Quality
Council", wherever it occurs, the following: "the Cabinet Commit-
tee on the Environment".
(2) By substituting for the term "the Council", wherever it
occurs, the following: "the Cabinet Committee".
(3) By inserting in subsection (f) of section 101, after
"Budget,", the following: "the Director of the Office of Science
and Technology,".
(4) By substituting for subsection (g) of section 101 the fol-
lowing :
"(g) The Chairman of the Council on Environmental Quality
(established by Public Law 91-190) shall assist the President in
directing the affairs of the Cabinet Committee."
(5) By deleting subsection (c) of section 102.
(6) By substituting for "the Office of Science and Technology",
in section 104, the following: "the Council on Environmental
Quality (established by Public Law 91-190)".
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(7) By substituting for " (hereinafter referred to as the 'Com- I
mittee')", in section 201, the following: "(hereinafter referred to ™
as the 'Citizens' Committee')".
(8) By substituting for the term "the Committee", wherever it •
occurs, the following: "the Citizens' Committee". •
RICHARD NIXON
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EXECUTIVE ORDER NO. 11749
Dec. 10, 1973, 38 F.R. 34177
CONSOLIDATION OF FUNCTIONS ASSIGNED TO THE SECRETARY OF
HOUSING AND UBAN DEVELOPMENT
By virtue of the authority vested in me by Reorganization
Plan No. 1 of 1973 [set out in the Appendix to Title 5, Government
Organization and Employees], the Disaster Relief Act of 1970, as
amended (42 U.S.C. 4401, et seq.) [this chapter], and section 301 of
title 3 of the United States Code [section 301 of Title 3, The
President] and as President of the United States of America, it is
hereby ordered as follows:
Section 1. (a) The Secretary of Housing and Urban
Development is designated and empowered to exercise without
the approval, ratification, or other action of the President, all of
the Authority vested in the President by the Disaster Relief Act
of 1970, as amended [this chapter], hereinafter referred to as the
"Act", except (1) the authorities vested in the President by
section 102(1) of the Act to declare a major disaster [section 4402
of this title], by section 251 of the Act [section 4481 of this title]
to provide for the restoration of Federal facilities, and by section
253 of the Act [section 4483 of this title] to prescribe time limits
for granting priorities for certain public facilities and certain
public housing assistance which are hereby reserved to the
President; (2) the authority vested in the President by section
210 of the Act [section 4420 of this title] concerning the utilization
and availability of the civil defense communications system for
the purpose of disaster warnings which the Secretary of Defense
is empowered to exercise by this order: and (3) the authority
vested in the President by section 238 of the Act [section 4457
of this title] concerning food coupons and surplus commodities,
which the Secretary of Agriculture is empowered to exercise
by this order.
(b) The Secretary of Housing and Urban Development is
hereby empowered to exercise without the approval,
ratification, or other action of the President, all of the authority
conferred upon the President by section 4 of the act entitled "An
Act to authorize for a limited period additional loan assistance
under the Small Business Act for disaster victims, to provide for
a study and report to the Congress by the President setting forth
recommendations for a comprehensive revision of disaster relief
legislation, and for other purposes."
(c) The Secretary of Housing and Urban Development may
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delegate or assign to the head of any agency of the executive •
branch of the Government, subject to the consent of the agency
head concerned in each case, any authority or function delegated
or assigned to the Secretary by the provisions of this section. Any
such head of the agency may redelegate any authority or
function so delegated or assigned to him by the Secretary to any
officer or employee subordinate to such head of the agency whose
appointment is required to be made by and with the advice and
consent of the Senate.
Sec. 2. The Secretary of Housing and Urban Development is
designated and empowered to exercise, without the approval,
ratification, or other action of the President:
(1) All authority which was vested in the Office of Emergency
Preparedness, or the Director thereof, by the Disaster Relief Act
of 1970, as amended [this chapter], and which was transferred to
the President by Reorganization Plan No. 1 of 1973 [set out in the
Appendix to Title 5, Government Organization and Employees]. ••
(2) All authority which was vested in the Director of the •
Office of Emergency Preparedness with respect to determining
whether a major disaster has occurred within the meaning of (A)
section 16 of the Act of September 23,1950, as amended (20 U.S.C. •
646) [section 646 of Title 20, Education], (B) section 7 of the Act of •
September 30, 1950, as amended (20 U.S.C. 241-1) [section 241-1
of Title 20, Education], and (C) section 762(a) of the Higher
Education Act of 1965 as added by section 161(a) of the Education
Amendments of 1972, Public Law 92-318, 86 Stat. 288 at 299
(relating to the furnishing by the Commissioner of Education of
disaster relief assistance for educational purposes) [section
1132d-l of Title 20, Education], and which was transferred to the
President by Reorganization Plan No. 1 of 1973 [set out in the
Appendix to Title 5, Government Organization and Employees],
Sec. 3. (a) There is hereby established the National Council on
Federal Disaster Assistance (hereinafter referred to as the
"Co,uncil") which shall be composed of the Secretary of Housing
and Urban Development, who shall be the Chairman of the
Council, and policy level representatives of the Departments of
Defense; the Interior; Agriculture; Commerce; Labor; Health,
Education, and Welfare; and Transportation; and of the Small
Business Administration and the Office of Economic Opportuni-
ty, and such other members as the President may from time to
time designate. This Council supersedes the National Council on
Federal Disaster Assistance established by Executive Order No.
11526. Representatives of the other Federal departments or
agencies, officials of State and local governments, and private jm
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citizens may be invited by the Chairman to participate in the
deliberations of the Council.
Ob) The Council shall advise and assist the Secretary of
Housing and Urban Development in: (1) Insuring that the
Federal agencies furnish necessary assistance following a
large-scale disaster on a priority basis to the Federal
Coordinating Officer appointed by the President to operate
under the Secretary of Housing and Urban Development,
pursuant to section 201 of the Disaster Relief Act of 1970 [section
4411 of this title]; (2) developing policies and programs to provide
a strong and integrated total Federal disaster assistance effort;
(3) stimulating cooperation and the sharing of data, views, and
information concerning disaster assistance among Federal
agencies. State and local governments, and private
organizations having disaster assistance responsibilities and
interests; (4) facilitating cooperation among Federal, State, and
local governments with special concern for the maintenance of
local initiative and decisionmaking with respect to emergency
restoration and rebuilding programs; (5) promoting and
participation of Federal agencies in providing Federal
assistance for rebuilding efforts; (6) encouraging research on
means of preventing disasters and ameliorating the effects of
those that occur; (7) reviewing, from time to time, the
effectiveness of the Federal disaster assistance programs and
suggesting needed changes.
(c) Consistent with law, the Department of Housing and Urban
Development shall provide staff and other assistance to the
Council, and executive departments and agencies shall furnish
to the Council such available information as the Council may
require in performance of its functions.
(d) Nothing in this order shall be construed as subjecting any
Federal agency or officer, or any function vested by law in, or
assigned, pursuant to law to, any Federal agency or officer to the
authority of the Council or of any other agency or officer or as
abrogating any such function in any manner.
Sec. 4. The Secretary of Housing and Urban Development is
designated and empowered to exercise, without the approval,
ratification, or other action of the President all other incidental
authority relating to matters described in sections 1 through 3 of
this Executive order that has been vested in the Office of
'Emergency Preparedness or the Director thereof by the
President by letter, memorandum, or other form of directive, or
otherwise.
Sec. 5. (a) The Secretary of Defense is designated and
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empowered to exercise, without the approval, ratification^, or H
other action of the President, all of the authority vested in the
President by section 210 of the Act concerningthe utilization^and
availability of the civil defense communications system foi*the •
purpose of disaster warnings [section 4420 of this title]. Hi
(b) The Secretary of Agriculture is designated and
empowered to exercise, without the approval, ratification, or
other action of the President, all of the authority vested in the
President by section 238 of the act concerning food coupons and
surplus commodities [section 4457 of this title]. _
Sec. 6. (a) Executive Order Nos. 11526, 11575, 11662, and •
11678, and section 1 of Executive Order No. 11725 are hereby ™
superseded.
(b) This order shall be effective thirty days after the date of H
its issuance. H
RICHARD NIXON
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* EXECUTIVE ORDER 11587
,* Mar. 15, 1971, 36 Fed. Reg. 475
AMENDING EXECUTIVE ORDER No. 11248, PLACING CERTAIN POSI-
TIONS IN LEVELS IV AND V OF THE FEDERAL EXECUTIVE SALARY
SCHEDULE
By virtue of the authority vested in me by section 5317 of title 5
of the United States Code, as amended, section 2 of Executive
Order No. 11248 1 of October 10, 1965, as amended, placing certain
positions in level V of the Federal Executive Salary Schedule, is
further amended by substituting for the words "Commissioner,
Federal Water Pollution Control Administration, Department of
the Interior," in item (8) thereof, the words "Commissioner,
Water Quality Office, Environmental Protection Agency."
RICHARD NIXON
1 30 F.R. 12999; 3 CFR, 1964-1965 Comp., p. 349.
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EXECUTIVE ORDER 11628
Oct. 18, 1971, 36 Fed. Reg. 20285
»
t ESTABLISHING A SEAL FOR THE ENVIRONMENTAL PROTECTION
AGENCY
The Administrator of the Environmental Protection Agency has
caused to be made, and has recommended that I approve, a seal for
the Environmental Protection Agency, the design of which ac-
companies and is hereby made a part of this order, and which is
described as follows:
A flower with a bloom which is symbolic of all the elements of
the environment. The bloom is a sphere, the component parts of
which represent the blue sky, green earth, blue-green water. A
white circle within the sphere denotes either the sun or the moon.
All are symbolic of a clean environment and are superimposed on
a disc with a white background, circled by the title "UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY" in blue
letters.
It appears that such seal is of suitable design and appropriate
for adoption as the ommcial seal of the Environmental Protection
Agency:
NOW, THEREFORE, by virtue of the authority vested in me as
President of the United States, I hereby approve such seal as the
official seal of the Environmental Protection Agency.
RICHARD NIXON
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EXECUTIVE ORDER NO. 11222
May 8,1965, 30 F.R. 6469
**
STANDARDS OF ETHICAL CONDUCT FOR GOVERNMENT OFFICERS
AND EMPLOYEES
By virtue of the authority vested in me by Section 301 of Title 3
of the United States Code [section 301 of Title 3, The President],
and as President of the United States, it is hereby ordered as
follows:
Part I—Policy
Section 101. Where government is based on the consent of the
governed, every citizen is entitled to have complete confidence in
the integrity of his government. Each individual officer, employee,
or adviser of government must help to earn and must honor that
trust by his own integrity and conduct in all official actions.
Part II—Standards of Conduct
Section 201. (a) Except in accordance with regulations issued
pursuant to subsection (b) of this section, no employee shall solicit
or accept, directly or indirectly, any gift, gratuity, favor, enter-
tainment, loan, or any other thing of monetary value, from any
person corporation, or group which—
(1) has, or is seeking to obtain, contractual or other business or
financial relationships with his agency;
(2) conducts operations or activities which are regulated by his
agency; or
(3) has interests which may be substantially affected by the
performance or nonperformance of his official duty.
(b) Agency heads are authorized to issue regulations, coordi-
nated and approved by the Civil Service Commission, implement-
ing the provisions of subsection (a) of this section and to provide
for such exceptions therein as may be necessary and appropriate
in view of the nature of their agency's work and the duties and
responsibilities of their employees. For example, it may be appro-
priate to provide exceptions (1) governing obvious family or per-
sonal relationships where the circumstances make it clear that it
is those relationships rather than the business of the persons con-
cerned which are the motivating factors—the clearest illustration
being the parents, children or spouses of federal employees; (2)
permitting acceptance of food and refreshments available in the
ordinary course of a luncheon or dinner or other meeting or on
inspection tours where an employee may properly be in attend-
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ance; or (3) permitting acceptance of loans from banks or other H
financial institutions on customary terms to finance proper "and
usual activities of employees, such as home mortgage loans. This
section shall be effective upon issuance of such regulations. •
(c) It is the intent of this section that employees avoid any ^
action, whether or not specifically prohibited by subsection. (a),
which might result in, or create the appearance of— H
(1) using public office for private gain; Hi
(2) giving preferential treatment to any organization or per-
son;
(3) impeding government efficiency or economy;
(4) losing complete independence or impartiality of action;
(5) making a government decision outside official channels; or
(6) affecting adversely the confidence of the public in the integ-
rity of the Government.
Sec. 202. An employee shall not engage in any outside employ-
ment, including teaching, lecturing, or writing, which might result
in a conflict, or an apparent conflict, between the private interests
of the employee and his official government duties and responsibil-
ities, although such teaching, lecturing, and writing by employees
are generally to be encouraged so long as the laws, the provisions
of this order, and Civil Service Commission and agency regula-
tions covering conflict of interest and outside employment are
observed.
Sec. 203. Employees may not (a) have direct or indirect finan- II
cial interests that conflict substantially, or appear to conflict sub- •
stantially, with their responsibilities and duties as Federal em-
ployees, or (b) engage in, directly or indirectly, financial transac-
tions as a result of, or primarily relying upon, information ob-
tained through their employment. Aside from these restrictions,
employees are free to engage in lawful financial transactions to
the same extent as private citizens. Agencies may, however, fur-
ther restrict such transactions in the light of the special circum-
stances of their individual missions.
Sec. 204. An employee shall not use Federal property of any •
kind for other than officially approved activities. He must protect
and conserve all Federal property, including equipment and sup- —
plies, entrusted or issued to him. •
Sec. 205. An employee shall not directly or indirectly make use
of, or permit others to make use of, for the purpose of furthering M
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E.G. 11222 § 205
a private interest, official information not made available to the
"general public.
*•
Sec. 206. An employee is expected to meet all just financial
obligations, especially those—such as Federal, State, or local taxes
—which are imposed by law.
Part III—Standards of Ethical Conduct for Special Government Employees
Section 301. This part applies to all "special Government em-
ployees" as denned in Section 202 of Title 18 of the United States
Code [section 202 of this title], who are employed in the Execu-
tive Branch.
Sec. 302. A consultant, adviser or other special Government
employee must refrain from any use of his public office which is
motivated by, or gives the appearance of being motivated by, the
desire for private gain for himself or other persons, including
particularly those with whom he has family, business, or financial
ties.
Sec. 303. A consultant, adviser, or other special Government
employee shall not use any inside information obtained as a result
of his government service for private personal gain, either by
direct action on his part or by counsel, recommendations or
suggestions to others, including particularly those with whom he
has family, business, or financial ties.
Sec. 304. An adviser, consultant, or other special Government
employee shall not use his position in any way to coerce, or give
the appearance of coercing, another person to provide any finan-
cial benefit to him or persons with whom he has family, business,
or financial ties.
Sec. 305. An adviser, consultant, or other special Government
employee shall not receive or solicit from persons having business
with his agency anything of value as a gift, gratuity, loan or favor
for himself or persons with whom he has family, business, or
financial ties while employed by the government or in connection
with his work with the government.
Sec. 306. Each agency shall, at the time of employment of a
consultant, adviser, or other special Government employee require
him to supply it with a statement of all other employment. The
statement shall list the names of all the corporations, companies,
firms, State or local governmental organizations, research organi-
zations and educational or other institutions in which he is serving
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§ 306 EPA CURRENT LAWS—GENERAL
as employee, officer, member, owner, director, trustee, adviser, or
consultant. In addition, it shall list such other financial informa-
tion as the appointing department or agency shall decide is rele-
vant in the light of the duties the appointee is to perform. The
appointee may, but need not, be required to reveal precise amounts
of investments. The statement shall be kept current throughout
the period during which the employee is on the Government rolls. MM
Part IV—Reporting of Financial Interests ^*
Section 401. (a) Not later than ninety days after the date of MM
this order, the head of each agency, each Presidential appointee in •
the Executive Office of the President who is not subordinate to the
head of an agency in that Office, and each full-time member of a
committee, board, or commission appointed by the President, shall H
submit to the Chairman of the Civil Service Commission a state- ™
ment containing the following:
(1) A list of the names of all corporations, companies, firms, or
other business enterprises, partnerships, nonprofit organizations,
and educational or other institutions—
(A) with which he is connected as an employee, officer, owner,
director, trustee, partner, adviser, or consultant; or
(B) in which he has any continuing financial interests, through
a pension or retirement plan, shared income, or otherwise, as a
result of any current or prior employment or business or profes-
sional association; or
(C) in which he has any financial interest through the owner-
ship of stocks, bonds, or other securities.
(2) A list of the names of his creditors, other than those to
whom he may be indebted by reason of a mortgage on property
which he occupies as a personal residence or to whom he may be ••
indebted for current and ordinary household and living expenses. H
(3) A list of his interests in real property or rights in lands,
other than property which he occupies as a personal residence. _—
(b) Each person who enters upon duty after the date of this •
order in an office or position as to which a statement is required ™
by this section shall submit such statement not later than thirty
days after the date of his entrance on duty. H
(c) Each statement required by this section shall be kept up to •
date by submission of amended statements of any changes in, or
additions to, the information required to be included in the origi-
nal statement, on a quarterly basis.
Sec. 402. The Civil Service Commission shall prescribe regula-
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**
tions, not inconsistent with this part, to require the submission of
statements of financial interests by such employees, subordinate to
the^heads of agencies, as the Commission may designate. The
Commission shall prescribe the form and content of such state-
ments and the time or times and places for such submission.
Sec. 403. (a) The interest of a spouse, minor child, or other
member of his immediate household shall be considered to be an
interest of a person required to submit a statement by or pursuant
to this part.
(b) In the event any information required to be included in a
statement required by or pursuant to this part is not known to the
person required to submit such statement but is known to other
persons, the person concerned shall request such other persons to
submit the required information on his behalf.
(c) This part shall not be construed to require the submission of
any information relating to any person's connection with, or inter-
est in, any professional society or any charitable, religious, social,
fraternal, educational, recreational, public service, civic or politi-
cal organization or any similar organization not conducted as a
business enterprise and which is not engaged in the ownership or
conduct of a business enterprise.
Sec. 404. The Chairman of the Civil Service Commission shall
report to the President any information contained in statements
required by Section 401 of this part which may indicate a conflict
between the financial interests of the official concerned and the
performance of his services for the Government. The Commission
shall report, or by regulation require reporting, to the head of the
agency concerned any information contained in statements sub-
mitted pursuant to regulations issued under Section 402 of this
part which may indicate a conflict between the financial interests
of the officer or employee concerned and the performance of his
services for the Government.
Sec. 405. The statements and amended statements required by
or pursuant to this part shall be held in confidence, and no infor-
mation as to the contents thereof shall be disclosed except as the
Chairman of the Civil Service Commission or the head of the
agency concerned may determine for good cause shown.
Sec. 406. The statements and amended statements required by
or pursuant to this part shall be in addition to, and not in substi-
tution for, or in derogation of, any similar requirement imposed
by law, regulation, or order. The submission of a statement or
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Certain Authority Vested in the President by Section 1753 of the Revised
Statutes
§ 406 EPA CURRENT LAWS—GENERAL
amended statements required by or pursuant to this part shal^ not
be deemed to permit any person to participate in any matter in
which his participation is prohibited by law, regulation, or order.
Part V—Delegating Authority of the President Under Sections 205 and 208
of Title 18 of the United States Code Relating to Conflicts of Interest
Section 501. As used in this part, "department" means an execu-
tive department, "agency" means an independent agency or estab-
lishment or a Government corporation, and "head of an agency"
means, in the case of an agency headed by more than one person,
the chairman or comparable member of such agency.
Sec. 502. There is delegated, in accordance with and to the
extent prescribed in Sections 503 and 504 of this part, the author-
ity of the President under Sections 205 and 208 (b) of Title 18,
United States Code [sections 205 and 208(b) of this title], to
permit certain actions by an officer or employee of the Govern-
ment, including a special Government employee, for appointment
to whose position the President is responsible.
Sec. 503. Insofar as the authority of the President referred to in
Section 502 extends to any appointee of the President subordinate
to or subject to the chairmanship of the head of a department or
agency, it is delegated to such department or agency head.
Sec. 504. Insofar as the authority of the President referred to in
Section 502 extends to an appointee of the President who is within
or attached to a department or agency for purposes of administra-
tion, it is delegated to the head of such department or agency.
Sec. 505. Notwithstanding any provision of the preceding sec-
tions of this part to the contrary, this part does not include a
delegation of the authority of the President referred to in Section
502 insofar as it extends to :
(a) The head of any department or agency in the Executive
Branch; mm
(b) Presidential appointees in the Executive Office of the Presi- H
dent who are not subordinate to the head of an agency in that
Office; and
(c) Presidential appointees to committees, boards, commissions, H
or similar groups established by the President. ™
Part VI—Providing for the Performance by the Civil Service Commission of
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Section 601. The Civil Service Commission is designated and
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E.G. 11222 § 601
empowered to perform, without the approval, ratification, or other
raction of the President, so much of the authority vested in the
^President by Section 1753 of the Revised Statutes of the United
•States (5 U.S.C. 631) [now covered by sections 3301 and 7301 of
Title 5, Government Organization and Employees] as relates to
establishing regulations for the conduct of persons in the civil
service.
Sec. 602. Regulations issued under the authority of Section 601
shall be consistent with the standards of ethical conduct provided
elsewhere in this order.
Part VII—General Provisions
Section 701. The Civil Service Commission is authorized and
directed, in addition to responsibilities assigned elsewhere in this
order:
(a) To issue appropriate regulations and instructions imple-
menting Parts II, III, and IV of this order;
(b) To review agency regulations from time to time for con-
formance with this order; and
(c) To recommend to the President from time to time such
revisions in this order as may appear necessary to ensure the
maintenance of high ethical standards within the Executive
Branch.
Sec. 702. Each agency head is hereby directed to supplement the
standards provided by law, by this order, and by regulations of
the Civil Service Commission with regulations of special applica-
bility to the particular functions and activities of his agency. Each
agency head is also directed to assure (1) the widest possible
distribution of regulations issued pursuant to this section, and (2)
the availability of counseling for those employees who request
advice or interpretation.
Sec. 703. The following are hereby revoked:
(a) Executive Order No. 10939 of May 5,1961.
(b) Executive Order No. 11125 of October 29,1963.
(c) Section 2(a) of Executive Order No. 10530 of May 10,1954.
(d) White House memorandum of July 20, 1961, on "Standards
of Conduct for Civilian Employees."
(e) The President's Memorandum of May 2, 1963, "Preventing
Conflicts of Interest on the Part of Special Government Employ-
ees." The effective date of this revocation shall be the date of
issuance by the Civil Service Commission of regulations under
Section 701 (a) of this order.
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704 EPA CURRENT LAWS—GENERAL
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Sec. 704. All actions heretofore taken by the President or by his •
delegates in respect of the matters affected by this order and m ™
force at the time of the issuance of this order, including an't
regulations prescribed or approved by the President or by hfe fl|
delegates in respect of such matters, shall, except as they may be •
inconsistent with the provisions of this order or terminate by
operation of law, remain in effect until amended, modified, or
revoked pursuant to the authority conferred by this order.
Sec. 705. As used in this order, and except as otherwise specifi-
cally provided herein, the term "agency" means any executive
department, or any independent agency or any Government corpo-
ration; and the term "employee" means any officer or employee of
an agency.
LYNDON B. JOHNSON
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* EXECUTIVE ORDER NO. 11667
' * April 20,1972, 37 Fed. Reg. 7763
«
ESTABLISHING THE PRESIDENT'S ADVISORY COMMITTEE ON
THE ENVIRONMENTAL MERIT AWARDS PROGRAM
On October 31,1971,1 announced the establishment of the Presi-
dent's Environmental Merit Awards Program. The Administrator
of the Environmental Protection Agency and the Commissioner of
Education sent letters to high school principals inviting them to
participate in this program by establishing local tripartite com-
mittees to supervise and direct local Environmental Merit Awards
Programs, and to make awards to individual students or groups of
students for significant environmental accomplishments by them.
These committees were to be composed of students, faculty and
interested members of the community.
Today, more than 2,500 high schools, including schools in each
of the 50 States, are actively involved in this program.
In view of this encouraging response, I have concluded that I
should establish a national committee to advise me of ways in
which this program can be further expanded and enhanced and of
other ways in which the environmental accomplishments of in-
dividuals and groups may be appropriately recognized.
NOW, THEREFORE, by virtue of the authority vested in me
by the Constitution and laws of the United States, it is hereby
ordered as follows:
SECTION 1. (a) There is hereby established the President's
Advisory Committee on the Environmental Merit Awards Pro-
gram. The Committee shall be composed of a Chairman, to be
designated by the President, and such members as the President
may, from time to time, appoint.
(b) The Committee shall advise the President and the Adminis-
trator of the Environmental Protection Agency on ways in which
the Environmental Merit Awards Program can be expanded and
enhanced. The Committee shall select individuals or groups of
individuals who deserve special recognition for their local environ-
mental accomplishments and confer appropriate Environmental
Merit Awards upon them on behalf of the President. The Com-
mittee shall perform such other related functions as the President
may, from time to time, specify.
SEC. 2. No member of the Committee shall receive compensation
from the United States by reason of service as a member of the
Committee but such members may be allowed such travel expenses,
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§ 2 EPA CURRENT LAWS—GENERAL
>
including per diem in lieu of subsistence, as may be authorized
bylaw. -
SEC. 3. The Environmental Protection Agency shall provide, to
the extent permitted by law, administrative support for the Com-
mittee and the Environmental Merit Awards Program.
RICHARD NIXON
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EXECUTIVE ORDER NO. 11743
Oct. 23, 1973, 38 F.R. 29459
OIL POLICY COMMITTEE
By virtue of the authority vested in me by the Constitution and
statutes of the United States, including section 301 of title 3 of
the United States Code [section 301 of Title 3, The President] and
section 232 of the Trade Expansion Act of 1962, as amended [this
section], it is hereby ordered as follows:
Section 1. The Oil Policy Committee, as reconstituted by
this order is hereby continued.
Sec. 2. Sec. 8 of Proclamation No. 3279, as amended [set out
as a note under this section], is hereby amended to read as
follows:
"Sec. 8. The Oil Policy Committee shall consist of the Director
of the Energy Police Office as Chairman, and the Secretaries of
State, the Treasury, Defense, the Interior, Agriculture,
Commerce, and Transportation, the Attorney General, the
Chairman of the Council of Economic Advisers, and the
Administrator of the Environmental Protection Agency. The
President may, from time to time, designate other officials to
serve as members of the Committee."
Sec. 3. So much of the personnel, property, records, and
unexpended balances of appropriations, allocations, and other
funds employed, used, held, available, or to be made available in
connection with the functions transferred by section 2 of this
order from the Deputy Secretary of the Treasury, to the Director
of the Energy Policy Office, as Chairman of the Oil Policy
Committee, as the Director of the Office of Management and
Budget shall determine, in conformity with section 202(b) of the
Budget and Accounting Act of 1950 (31 U.S.C. 581c(b)) [section
581c(b) of Title 31. Money and Finance], shall be transferred at
such time or times as he shall direct for use in connection with
the functions transferred.
Sec. 4. Executive Order No. 11703 of February 7, 1973, is
hereby superseded.
RICHARD NIXON
PROCLAMATION NO. 3279
Mar. 10,1959, 24 F.R. 1781, as amended by Proc. No. 3290, Apr.
30,1959,24 F.R. 3527; Proc. No. 3328, Dec. 10,1959, 24 F.R. 10133;
74 Rev.-37
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74 Rev.-38
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Proc. No. 3386, Dec. 24,1960,25 F.R. 13945; Proc. No. 3389, Jan. 17, 11 •
1961, 26 F.R. 507; Ex. Ord. No. 11051, Sept. 27,1962, 27 F.R. 9683;
Proc. No. 3509, Nov. 30, 1962, 27 F.R. 11985; Proc. No. 3531, Apr.
19, 1963, 28 F.R. 4077; Proc. No. 3541, June 12,1963, 28 F.R. 5931; •
Proc. No. 3693, Dec. 10,1965,30 F.R. 15459; Proc. No. 3779, Apr. 10, •
1967, 32 F.R. 5919; Proc. No. 3794, July 17, 1967, 32 F.R. 10547;
Proc. No. 3823, Jan. 29,1968,33 F.R. 1171; Proc. No. 3969, Mar. 10,
1970, 35 F.R. 4321; Proc. No. 3990, June 17, 1970, 35 F.R. 10091;
Proc. No. 4018, Oct. 16,1970,35 F.R. 16357; Proc. No. 4025, Dec. 22,
1970, 35 F.R. 19391; Proc. No. 4092, Nov. 5, 1971, 36 F.R. 21397;
Proc. No. 4099, Dec. 20,1971,36 F.R. 24203; Proc. No. 4133, May 11,
1972, 37 F.R. 9543; Proc. No. 4156, Sept. 18, 1972, 37 F.R. 19115;
Proc. No. 4175, Dec. 16,1972,37 F.R. 28043; Proc. No. 4178, Jan. 17,
1973, 38 F.R. 1719; Proc. No. 4202, Mar. 23, 1973, 38 F.R. 7977; •
Proc. No. 4210, Apr. 18,1973, 38 F.R. 9645; Proc. No. 4227, June 19, •
1973,38 F.R. 16195; Ex.Ord.No.11743, Oct. 23,1973,38 F.R. 29459.
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ADJUSTING IMPORTS OF PETROLEUM AND PETROLEUM
PRODUCTS INTO THE UNITED STATES
Sec. l(a) In Districts I-IV, in District V, and in Puerto Rico, no H
crude oil, unfinished oils, or finished products may be entered for
consumption or withdrawn from warehouse for consumption,
except (1) by or for the account of a person to whom a license has
been issued by the Secretary of the Interior pursuant to an
allocation made to such person by the Secretary in accordance
with regulations issued by the Secretary, and such entries or
withdrawals may be made only in accordance with the terms of
such license, or (2) as authorized by the Secretary pursuant to
paragraph (b) of this section, or (3) as to finished products, by or M
for the account of a department, establishment, or agency of the •
United States, which shall not be required to have such a license
but which shall be subject to the provisions of paragraph (c) of
this section, or (4) as provided in paragraph (c) of this section, or H
(5) as otherwise provided in this proclamation. ••
(b) The Secretary of the Interior may, in his discretion,
authorize entries, without allocation or license, of small
quantities of crude oil, unfinished oils, or finished products.
(c) In Districts I-IV, District V, and in Puerto Rico, no
department, establishment, or agency of the United States shall «
without prior payment of the fees provided for in this H
proclamation, import finished products in excess of the
respective allocations made to them by the Secretary of the
Interior. Such allocations shall, except as otherwise provided in H
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this proclamation, be within the maximum levels of imports
established in section 2 of this proclamation.
(d) The Secretary may, by regulation, provide that no
allocation or license shall be required in connection with the
transportation to the United States by pipeline through a
foreign country of crude oil, unfinished oils, or finished products
produced in the customs territory of the United States or, in the
event of commingling with foreign oils of like kind and qualities
incidental to such transportation, of quantities equivalent to the
quantities produced in and shipped from such customs territory.
Sec. 2(a). Except as otherwise provided in this
proclamation, the maximum level of imports, from sources other
than Canada and Mexico which may be made without prior
payment of the fees provided in this proclamation, of crude oil,
unfinished oils, and finished products (other than residual fuel
oil to be used as fuel) shall be:
(1) for Districts I-IV, 1,992,000 average barrels per day per
calendar year -Provided, That, in addition to the foregoing, there
may be imported into District I an average of 50,000 barrels per
day of No. 2 fuel oil, manufactured in the Western Hemisphere
from crude oil produced in the Western Hemisphere under
allocations made by the Secretary, pursuant to regulations of
the Secretary, to deepwater terminal operators who do not have
crude oil import allocations into Districts I-Vor Puerto Rico and
who, in the allocation period beginning prior to January 1, 1973,
had received, from the Secretary, an allocation of imports into
District I of No. 2 fuel oil; Provided Further, That the Secretary
may, by regulation, provide that a holder of an allocation for the
importation of No. 2 fuel oil, may import crude oil produced in the
Western Hemisphere in lieu of No. 2 fuel oil, barrel for barrel, and
exchange such crude oil for No. 2 fuel oil. Whenever the
Chairman of the Oil Policy Committee, after consultation with
the committee, finds that, because of supply, price, or other
considerations, the requirement that No. 2 fuel oil be
manufactured in the Western Hemisphere from crude oil
produced in the Western Hemisphere is unduly restricting the
availability of such oil for importation into District I and is not
required for the national security, he shall so advise the
Secretary who shall then suspend such requirement for such
period of time as he shall deem compatible with the purposes of
this proclamation.
(2) for District V, 670,000 average barrels per day per
calendar year.
(3) for Puerto Rico 227,221 average barrels per day per year
74 Rev.-39
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commencing April 1, 1973; Provided, That no person who |
manufactures in Puerto Rico No. 2 fuel oil from crude oil „
produced in the Western Hemisphere shall incur a reduction of
an allocation or be deemed to have violated a condition of an
allocation by reason of a shipment of such oil to a person who
holds an allocation of imports of No. 2 fuel oil into District I and
who does not have a crude oil import allocation into District I;
Provided Further, That, this limitation shall not apply to
long-term allocations of imports into Puerto Rico.
(4) for District 1, 2,900,000 average barrels per day per year,
commencing April 1, 1973, of residual fuel oil to be used as fuel.
(5) for Districts II-IV, 42,000 average barrels per day per
calendar year of residual fuel oil to be used as fuel.
(6) for District V, 75,600 average barrels per day per calendar
year of residual fuel oil to be used as fuel.
(b) Imports of asphalt, ethane, propane, and butanes shall
not be subject to the levels established in this proclamation nor
shall any allocation or license be required for their importation.
(c) Crude oil may be imported into District I to be topped for
use as burner fuel under such conditions as the Secretary may,
by regulation, provide. The quantities of crude oil, unfinished
oils, and finished products that may be imported into the United
States under the provisions of this proclamation shall not be
reduced by reason of imports of crude oil used as fuel under this
paragraph.
(d) (1) Except as otherwise provided in this proclamation, the
maximum levels of imports from Canada of crude oil and
unfinished oils to which license fees are not applicable shall be:
(i) for Districts I-IV, 960,000 average barrels per day per
calendar year; Provided, That the Secretary may, within the
limits established by subparagraph (1) of paragraph (a) of this
section, increase the quantity of crude oil and unfinished oils,
which may be imported from Canada so long as such increase is,
in his judgment, consonant with the purposes of this
proclamation.
(ii) for District V, 280,000 average barrels per day per
calendar year; Provided, That, the Secretary may, within the
limits established by subparagraph (1) of paragraph (a) of this
section, increase the quantity of crude oil and unfinished oils
which may be imported from Canada, so long as such increase
is, in his judgment, consonant with the purposes of this
proclamation.
(2) Entries for consumption of imports from Canada by
pipeline may be made until midnight January 15 of the calendar
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year following the calendar year in which any license
authorizing such imports from Canada was issued.
(e) Except as otherwise provided in this proclamation, the
maximum level of imports from Mexico of crude oil produced in
Mexico and unfinished oils and finished products produced in
Mexico wholly from Mexican crude oil shall be 32,500 average
barrels per day per calendar year.
(f) The levels established, and the total demand referred to, in
this section do not include free withdrawals by persons pursuant
to section 309 of the Tariff Act of 1930, as amended (19 U.S.C.
1309) [section 1309 of this title], or petroleum supplies for vessels
or aircraft operated by the United States between points
referred to in said section 309 (as to vessels or aircraft,
respectively) or between any point in the United States or its
possessions and any point in a foreign country.
Sec. 3(a) (1). Effective May 1, 1973, the Secretary shall, by
regulation, establish a system of fees for licenses issued under
allocations of imports of crude oil, unfinished oils, and finished
products, over the above levels of imports established by section
2 of this proclamation. Such regulation shall require, among
other appropriate provisions, that (i) with respect to imports,
other than imports from Canada of motor gasoline and finished
products, such fees shall be:
Fee Schedule
[Cents per barrel]
May 1,
1973
Nov. 1,
1973
May 1,
1974
Nov. 1,
1974
May 1,
1975
Nov. 1,
1975
Crude 10.5 13.0 15.5 18.0 21.0 21.0
Motor gasoline 52 0 54 5 57 0 59 5 63.0 63.0
All other finished products and un-
finished oils (except ethane, pro-
pane, butanes, and asphalt) 15.0 20.0 30.0 42.0 52.0 63.0
and,
(n) that, with respect to imports from Canada of motor gasoline and finished products, such fees shall be-
Fee Schedule
[Cents Per Barrel]
May 1, Nov. 1, May 1, Nov. 1, May 1, Nov. 1, May 1, Nov. 1,
1973 1973 1974 1974 1975 1975 1976 1976
Motor gasoline 0 0 57 60 12.6 12.6 22.1 22.1
Other finished products
(but not including
ethane, propane, bu-
tanes, or asphalt) 0 0 3.0 4.2 10 4 12.6 22 1 22 1
May 1, Nov. 1, May 1, Nov. 1, May 1, Nov 1, May 1, Nov. 1,
1977 1977 1978 1978 1979 1979 1980 1980
Motor gasoline 31.5 31.5 41.0 41.0 50.4 50 4 63.0 63.0
Other finished products
(but not including
ethane, propane, bu-
tanes, or asphalt) 31 5 31.5 41.0 41 0 50.4 50.4 63.0 63.0
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(2) License fees payable for imports of motor gasoline or other •
finished products or unfinished oils, manufactured in American
Samoa, Guam, or the Virgin Islands or in a foreign trade zone
and transported to the Customs territory of the United States by
overland means or by vessel or vessels under United States
registry, shall be at the rate applicable to the feedstock from
which such motor gasoline or other finished product or
unfinished oil was manufactured:Provided, That such rate shall
apply also in cases where the holder of the license establishes to
the satisfaction of the Secretary that he made a good faith mm
attempt to arrange shipment by vessel under United States H
registry and that no such vessel was available for the purpose at
the time this shipment was made.
(3) The Secretary is authorized to refund fees, whether in Mm
whole or in part, where (i) the licensee failed to use, wholly or in Hi
part, the license issued to him; (ii) refunds of license fees,
whether in whole or in part, are ordered by the Oil Import WM
Appeals Board; (iii) refund of a license fee, whether in whole or in IH
part, is called for by reason of a person having exported finished
products or petrochemicals; (iv) crude oil imported by virtue of a
license for which a fee was paid has been manufactured into
asphalt; (v) refund of a license fee is called for by reason of the
same having been improperly charged.
(b) Except for allocations and licenses to which a license fee is WM
not applicable, applications for allocations and licenses for H
imports subject to fee under the preceding paragraph shall be
accompanied by the applicant's certified check, or a cashier's mm
check, payable to the order of the Treasurer of the United States H
in the amount chargeable pursuant to this section or by a bond
with a surety on the list of acceptable sureties on Federal bonds
maintained by the Bureau of Accounts, Department of the H
Treasury, in a sum not less than the amount chargeable pur- 11
suant to this section, conditioned upon payment to the order of
the Treasurer of the United States, within thirty (3) calendar
days from the date of entry or withdrawal from warehouse for
consumption of the commodities for the importance of which a
license or licenses have issued, in the amount chargeable _
pursuant to this section. Applications not accompanied by a •
certified check, cashier's check, or bond in the amount required mm
shall not be considered. Applications by or for the account of a
department, establishment, or agency of the United States need •
not be accompanied by a certified check or a cashier's check or a Hi
bond as required by this paragraph.
(c) (1) All monies received by the Secretary under the terms ••
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of paragraph (b) of this section shall be held by the Secretary in a
suspense account and may be drawn upon by the Secretary (i) for
the payment of refundable license fees; (ii) for the payment to
Puerto Rico of sums equal to the sums collected by way of license
fees for imports into Puerto Rico (other than imports from the
Virgin Islands) and not otherwise refundable; and (iii) for the
payment to American Samoa, Guam, or the Virgin Islands, as the
case may be, of sums equal to the sums collected by way of license
fees and not otherwise refundable for imports therefrom into the
Customs territory of the United States of crude oil or motor
gasoline, other finished products, or unfinished oils,
manufactured in American Samoa, Guam, or the Virgin Islands.
Balances remaining in such suspense account and not required
to be reserved for payments hereinabove provided shall be
deposited at the end of each fiscal year in the Treasury of the
United States and credited to miscellaneous receipts. Whenever
the Chairman of the Oil Policy Committee, after consultation
with the committee, determines that any such payments to
Puerto Rico, American Samoa, Guam, or the Virgin Islands are
not consonant with the purposes of this proclamation, he shall so
advise the Secretary who shall then amend the applicable
regulations accordingly.
(2) Refunds pursuant to subparagraph (1) of paragraph (c) of
this section shall be made without interest.
Sec. 4(a) The Secretary of the Interior is hereby authorized to
issue regulations for the purpose of implementing this
proclamation.
(b) (1) In respect to the territories of American Samoa,
Guam, the Virgin Islands, and foreign trade zones, the Secretary
may make such regulations as he deems consonant with the
purposes of this proclamation to the end that persons having
refineries and petrochemical plants located in such territories or
zones shall participate to the fullest practicable extent, upon
terms not less favorable, so far as possible, then those accorded
to persons in the Customs territory of the United States in all
appropriate aspects of the programs authorized by this
proclamation.
(2) Such regulations shall provide for the allocations of
imports with respect to which license fees are not applicable of
crude oil and unfinished oils into Puerto Rico among persons
having refinery capacity in Puerto Rico in the calendar year 1964
on the basis of the allocation of crude and unfinished oils
received by such persons for the allocation period commencing
April 1, 1973.
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license or licenses lor which a tee has been charged, or pursuant
to specific relief granted pursuant to section 5, such regulations
shall require that imported crude oil and unfinished oils be
processed in the licensee's refinery or petrochemical plant,
except that exchanges for domestic crude or unfinished oils may
be made, if otherwise lawful, if effected on a current basis and
reported in advance to the Secretary, and if the domestic crude
or unfinished oils are processed in the licensee's refinery or
petrochemical plant.
(4) With respect to the allocation of imports of finished
products (other than residual fuel oil to be used as fuel) in respect
of which license fees are not applicable into Puerto Rico, such
regulations shall provide to the extent possible for a fair and
equitable distribution of imports of such finished products
among persons who were importers of such finished products
into Puerto Rico during all or part of the calendar year 1958, or
such higher level as the Secretary may have determined to be
required to meet demand in Puerto Rico for finished products
that would not otherwise have been met, during the calendar
year 1973.
(5) With respect to the allocation of imports to which license
fees are not applicable of residual fuel oil to be used as fuel in
Puerto Rico, such regulations shall, to the extent possible,
provide for a fair and equitable distribution of imports of
residual fuel oil to be used as fuel among persons who were
importers of that product into Puerto Rico during all or part of
the calendar year 1958. In addition, the Secretary by regulation
may, to the extent possible, provide for a fair and equitable
distribution of imports of residual fuel oil to be used as fuel, the
maximum sulphur content of which is acceptable to the
Secretary, (i) among persons who are in the business in the
respective districts of Puerto Rico of selling residual fuel oil to be
used as fuel and who in a base period to be. established by the
Secretary had inputs of that product to deepwater terminals
located in the respective districts or Puerto Rico and (ii) among
persons who are in the business in the respective districts or
Puerto Rico of selling residual fuel oil to be used as fuel and who
have throughput agreements (warehouse agreements) with
deepwater terminal operators. With respect to the allocation of
imports into District I of residual fuel oil to be used as fuel, such H
regulations, shall, to the extent possible, provide for a fair and ••
equitable distribution of imports of residual fuel oil to be used as
fuel (i) among persons who are in the business in District I of
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selling residual fuel oil to be used as fuel and who in a base period
to be established by the Secretary had inputs of that product to
deepwater terminals located in District I; (ii) among persons who
are in the business in District I of selling residual fuel oil to be
used as fuel and who have throughput agreements (warehouse
agreements) with deepwater terminal operators; and (iii)
notwithstanding the levels established in section 2 of this
proclamation, during the allocation year commencing in 1973,
the Secretary may make allocations of imports of residual fuel oil
to be used as fuel into District I to persons in District I who own
and operate newly constructed deepwater terminal facilities,
based upon estimated deepwater terminal inputs during a base
period to be established by the Secretary. For the allocation
period commencing in 1974 and subsequent allocation periods,
the Secretary may make allocations of imports of residual fuel oil
to be used as fuel into District I based upon estimated deepwater
terminal inputs during a base period to be established by the
Secretary to persons in District I who own and operate newly
constructed deepwater terminal facilities; Provided, That such
allocations shall be included within the levels established by
subparagraphs (4) of paragraph (a) of section 2 of this
proclamation, as amended.
(c) Such regulations may provide for the revocation or
suspension by the Secretary of any allocation or license on
grounds relating to the national security, or the violation of the
terms of this proclamation, or of any regulation, allocation, or
license issued pursuant to this proclamation.
(d) For the balance of the calendar year 1973,
notwithstanding the levels established in section 2 of this
proclamation and the provisions of paragraph (b) of this section,
the Secretary may provide by regulation for additional
allocations of imports in respect of which license fees are not
applicable of crude oil and unfinished oils to persons in Districts
I-IV, and District V who manufacture in the United States
residual fuel oil to be used as fuel, the maximum sulphur content
of which is acceptable to the Secretary, in consultation with the
Secretary of Health, Education, and Welfare. These allocations
to each of such persons shall not exceed the amount of such
residual fuel oil manufactured by that person.
Sec. 5(a). The Secretary of the Interior is authorized to
provide for the establishment and operation of an Appeals Board
to consider petitions by persons affected by the regulations
issued pursuant to this proclamation. The Appeals Board shall
be comprised of a representative each from the Departments of
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the Interior, Justice, and Commerce to be designated H
respectively by the heads of such Departments.
(b) The Appeals Board may be empowered, subject to the
general direction of the Chairman of the Oil Policy Committee,
without regard to the limits of the maximum levels of imports
established in section 2 of this proclamation: (1) to reverse or
modify on grounds of error actions taken by the Secretary on
applications for allocations of imports under such regulations;
(2) to modify, on the grounds of exceptional hardship, any
allocation made to any person under such regulations; (3) to
grant allocations of imports of crude oil and unfinished oils in
special circumstances to persons with importing histories who do
not qualify for allocations under such regulations; (4) to grant
allocations of imports of finished products on grounds of
exceptional hardship; (5) to grant allocations of imports of crude
oil, unfinished oils, and finished products to independent
refiners or established independent marketers who are
experiencing exceptional hardship or in emergencies in order to
assure, insofar as practicable, that adequate supplies are
available; (6) to review the revocation or suspension of any
allocation or license; (7) to review the denial by the Secretary of
refunds of license fees, whether in whole or in part, theretofore
paid by a person; and (8) to grant refunds, in whole or in part, of
license fees paid by persons to whom licenses were issued for
imports which they subsequently became entitled to make under
allocations made by the Board. Except with respect to its
function to review applications for allocations of imports to
which license fees are applicable, licenses issued pursuant to
Board allocations shall be fee exempt.
(c) Effective April 30, 1980, the jurisdiction of the Oil Import
Appeals Board shall expire.
Sec. 6. Persons who apply for allocations of crude oil,
unfinished oils, or finished products, persons to whom such
allocations have been made, and persons who hold such
allocations shall furnish to the Secretary of the Interior such
information and shall make such reports as he may require, by
regulations or otherwise, in the discharge of his responsibilities
under this proclamation.
Sec. 7. The Chairman of the Oil Policy Committee shall
provide policy direction, coordination, and surveillance of the oil
import control program, including approval of regulations issued
pursuant to this proclamation. He shall perform those functions
after receiving the advice of the Oil Policy Committee and in
accordance with guidance from the Assistant to the President
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with responsibility in the area of economic affairs.
Sec. 8. The Oil Policy Committee shall consist of the Director
of the Energy Policy Office as Chairman, and the Secretaries of
State, the Treasury, Defense, the Interior, Agriculture,
Commerce, and Transportation, the Attorney General, the
Chairman of the council of Economic Advisers, and the
Administrator of the Environmental Protection Agency. The
President may, from time to time, designate other officials to
serve as members of the Committee.
Sec. 9. The Oil Policy Committee shall consult with and
advise the Chairman on oil import policy, including the operation
of the control program under Proclamation 3279, as amended,
and on recommendations for changes in the program by the
issuance of new proclamations with respect to it, or otherwise.
Sec. 10. The Chairman of the Oil Policy Committee shall
from time to time, as in his judgment is required, review the
status of imports of petroleum and its primary derivatives in
respect to the national security, and, after consultation with the
Oil Policy Committee, he shall inform the President of any
circumstances which, in the Chairman's opinion, might indicate
the need for further Presidential action under section 232 of the
Trade Expansion Act of 1962 (19 U.S.C. 1862), as amended [this
section]. In the event prices of crude oil or its products or
derivatives should be increased after the effective date of this
proclamation, beyond the limits contemplated by the Cost of
Living Council, such review may include a determination as to
whether such increase or increases are necessary to accomplish
the national security objectives of section 232 of the Trade
Expansion Act of 1962, as amended [this section], and this
proclamation.
Sec. 11. Annually, beginning May 1, 1974, the maximum
levels of imports subject to allocation and license, to which
license fees shall not be applicable, except allocations made and
licenses issued by reason of new, expanded, or reactivated
refinery capacity and petrochemical plants in Districts I-IV and
District V allocations and licenses issued to persons who
manufacture in such Districts finished products or
petrochemicals from crude oil and unfinished oils and who export
finished products or petrochemicals, subject to such
designations as the Secretary may make, shall be reduced as
follows:
For the year commencing May 1, 1974, the maximum levels of
such imports shall be ninety percent (90%), in barrels per day, of
the levels established during the calendar year 1973;
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For the year commencing May 1, 1975, the maximum levels of
such imports shall be eighty percent (80%), in barrels per day, of
the levels established during the calendar year 1973;
For the year commencing May 1, 1976, the maximum levels of
such imports shall be sixty-five percent (65)%), in barrels per
day, of the levels established during the calendar year 1973;
For the year commencing May 1,1977, the maximum levels of
such imports shall be fifty percent (50%), in barrels per day, of
the levels established during the calendar year 1973;
For the year commencing May 1, 1978, the maximum levels of
such imports shall be thirty-five percent (35%), in barrels per
day, of the levels established during the calendar year 1973;
For the year commencing May 1, 1979, the maximum levels of
such imports shall be twenty percent (20%), in barrels per day, of
the levels established during the calendar year 1973.
Effective April 30, 1980, the system of issuing allocations and
licenses not subject to license fee shall be abolished; Provided,
That, with respect to any allocation period expiring prior to May
1,1974, such allocation period shall be extended to April 30,1974,
and the Secretary shall issue appropriate regulations to issue
additional oil import licenses to reflect such extension.
Sec. 12(a). Commitments and obligations contained in long-
term allocations heretofore made of imports of crude oil and
unfinished oils into Puerto Rico shall be unimpaired by this Hj
proclamation or regulations issued thereunder. H
(b) Commitments and obligations contained in that certain
allocation made to Hess Oil and Chemical Corporation of imports am
of finished products into Districts I-IV, dated December 12,1967, •
effective January 1, 1968, shall be unimpaired by this
proclamation or regulations issued thereunder.
Sec. 13. The Secretary of the Interior may delegate, and
provide for successive redelegation of, the authority conferred
upon him by this proclamation. All departments and agencies of
the Executive Branch of the Government shall cooperate with
and assist the Secretary of the Interior in carrying out the
purposes of this proclamation.
Sec. 14. Executive Order 10761 of March 27, 1958, entitled
"Government Purchases of Crude Petroleum and Petroleum
Products" (23 FR 2067) is revoked.
Sec. 15. As used in this proclamation:
(a) "Person" includes an individual, a corporation, firm, or
other business organization or legal entity, and an agency of a
state, territorial or local government, but does not include a
department, establishment, or agency of the United States. •
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(b) "District I" means the states of Maine, New Hampshire,
Vermont, Massachusetts, Connecticut, Rhode Island, New York,
New Jersey, Pennsylvania, Maryland, Delaware, West Virginia,
Virginia, North Carolina, South Carolina, Georgia, Florida, and
the District of Columbia.
(c) "Districts II-IV" means all of the states of the United
States except those states within District I and District V.
(d) "Districts I-IV" means the District of Columbia and all of
the states of the United States except those states within
District V.
(e) "District V" means the states of Arizona, Nevada,
California, Oregon, Washington, Alaska, and Hawaii.
(f) "Crude oil" means a mixture of hydrocarbons that existed
in natural underground reservoirs and which is liquid at
atmospheric pressure after passing through surface separating
processes and does not include natural gas products. It includes
the initial liquid hydrocarbons produced from tar sands,
gilsonite, and oil shale.
(g) "Finished products" means any one or more of the
following petroleum oils, or a mixture or combination of such oils,
or any component or components of such oils which are to be used
without further processing by any one or more of the processes
described in subparagraphs (1) through (3) of paragraph (h) of
this section, and which, as of January 1, 1973, under the Tariff
Schedules of the United States [section 1202 of this title], were
not subject to a duty of more than one cent ($0.01) per pound of
the hydrocarbons therein contained:
(1) The term "liquefied gases" means the following liquefied
or liquefiable gases, namely, ethane, propane, butanes, ethylene,
propylene, and butylenes which are derived by refining or other
processing of natural gas, crude oil, or unfinished oils.
(2) "Gasoline" means a refined petroleum distillate,
including naptha, jet fuel or other petroleum oils (but not
benzene which meets the ASTM distillation standards for
nitration grade or cumene, ethylbenzene, isoprene, metaxylene,
orthoxylene or para-xylene having a purity of 95 percent or more
by weight) derived by refining or processing crude oil or
unfinished oils, in whatever type of plant such refining or
processing may occur, and having a boiling range at atmospheric
pressure from 80° to 400°F.
(3) "Kerosene" means any jet fuel, dieselfuel, fuel oil or other
petroleum oils derived by refining or processing crude oil or
unfinished oils, in whatever type of plant such refining or
processing may occur, which has a boiling range at atmospheric
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pressure from 400° to 550° F. •
(4) "Distillate fuel oil" means any fuel oil, gas oil, topped f ™
crude oil, or other petroleum oils (except refined petroleum wax)
derived by refining or processing crude oil or unfinished oils, in
whatever type of plant such refining or processing may occur,
which has a boiling range at atmospheric pressure from 550° to
1200°F.
(5) "Residual fuel oil" means a petroleum oil, which is (i) any
topped crude or viscous residuum of crude or unfinished oils or
one or more of the petroleum oils defined in subparagraphs (2)
through (4) of this paragraph (g), which has a viscosity of not less
than 45 seconds Saybolt Universal at 100° F. to be used as fuel
without further processing other than by mechanical blending
or (ii) crude oil to be used as fuel without further processing other
than by blending by mechanical means.
(6) "Asphalt" means a solid or semisolid cementitious crude
oil or derivative of crude oil, 50 percent or more of the
constituents of which are bitumins, which is not to be used as fuel
and which is to be used without further processing except
airblowing or blending by mechanical means.
(7) "Lubricating oils" means any lubricant containing more
than 50 percent by volume of refined petroleum distillates or
specially treated petroleum residuum.
(8) "Natural gas products" means liquids (under atmospheric
conditions), including natural gasoline, which are recovered by
process of absorption, adsorption, compression, refrigeration,
cycling, or a combination of such processes, from mixtures of
hydrocarbons that existed in a reservoir and which, when
recovered and without processing in a refinery or other plant,
fall within any of the definitions of products contained in clauses
(2) through (4) of this paragraph (g).
(h) "Unfinished oils" means one or more of the petroleum oils
listed in clauses (1) through (4) and clause (8) of paragraph (g) of
this section or a mixture or combination of such oils, or any •
component or components of such oils, which are to be further H
processed in one or more of the following ways:
(1) By distillation with a resulting yield of at least two
distinct finished products or unfinished oils, two of which must H
be equal to not less than 10 percent of the total charge of such HI
unfinished oils to a distillation unit. Different grades or
specifications of finished products or unfinished oils will not
constitute distinct finished products or unfinished oils for
purposes of this subparagraph. Distillation of petroleum oils
which have been reconstituted by blending of two or more ^
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finished products or unfinished oils does not constitute
processing for the purposes of this subparagraph.
(2) By catalytic or thermal conversion in process units such
as alkylation, coking, cracking, hydrofining, hydrodesulphuriza-
tion, polymerization, isomerization, dehydrogenation, or
reforming.
(3) By physical separation established by means of solvent
dewaxing, solvent deasphalting, solvent extraction, or
extractive distillation.
(i) As used in paragraphs (g) and (h) of this section, the term
"petroleum oil" includes only hydrocarbons derived from crude
oil or natural gas.
(j) The term "imports from Canada" as used in this
proclamation, means entries for consumption or withdrawals
from warehouse for consumption of the following items which
have been transported into the United States from Canada, by
overland means (pipeline, rail or other means of overland trans-
portation) or over waterways other than ocean waterways,
to-wit: crude oil produced in Canada, unfinished oils which have
been derived from crude oil or natural gas produced in Canada,
and finished products which have been produced in Canada from
crude oil produced in Canada.
(k) The expression "long-term allocation" means:
(1) That certain allocation made to Commonwealth Oil
Refining Company, Inc., of imports of crude and unfinished oils
into Puerto Rico dated May 10, 1968—effective January 1, 1968
(as amended).
(2) That certain allocation made to Phillips Petroleum
Company of imports of unfinished oils into Puerto Rico—dated
December 23, 1965—effective January 1, 1966 (as amended).
(3) That certain allocation made to Sun Oil Company of
imports of crude oil into Puerto Rico—effective April 18,1968 (as
amended).
(4) That certain allocation made to Union Carbide
Corporation of imports of crude oil and unfinished oils into
Puerto Rico—dated April 19, 1968—effective April 19, 1968.
(5) That certain allocation made to Hess Oil and Chemical
Corporation of imports of finished products into Districts
I-IV—dated December 12, 1967—effective January 1,1968 (Hess
Oil and Chemical Corporation now Amerada-Hess).
(6) That certain allocation made to Fuel Desulphurization,
Inc., of residual fuel oil and fuel oil into Districts I-IV—dated
January 8, 1969 (as amended).
(7) That certain allocation made to Guardian Oil Refining
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Corporation of residual fuel oil in Districts I-IV—dated January , H
8, 1969 (as amended).
(8) That certain allocation made to Supermarine Inc., of
residual fuel oil and fuel oil into Districts I-IV—dated January 8, H
1969 (as amended). •
(9) That certain zone allocation made to Hawaiian
Independent Refinery, Inc., of shipments of crude oil and
unfinished oils into foreign-trade sub-zone No. 9-A at Ewa,
Oahu, Hawaii, of foreign-trade zone No. 9—Honolulu, Hawaii,
dated May 7, 1970.
(1) The term "imports" includes both entry for consumption
and withdrawal from warehouse for consumption.
Sec. 16. Effective as of May 1, 1973, tariffs upon imports of
petroleum and petroleum products listed in Schedule 4, Part
10—"Petroleum, natural gas, and products derived therefrom"
of the Tariff Schedules of the United States [section 1202 of this
title] shall be and are suspended.
IN WITNESS WHEREOF, I have hereunto set my hand this
eighteenth day of April, in the year of our Lord nineteen hundred
seventy-three and of the Independence of the United States of _
America the one hundred ninety-seventh. H
RICHARD NIXON
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EXECUTIVE ORDER NO. 11752
Dec. 17, 1973, 38 F.R. 34793
PREVENTION, CONTROL, AND ABATEMENT OF ENVIRONMENTAL
POLLUTION AT FEDERAL FACILITIES
By virtue of the authority vested in me as President of the
United States of America, including section 301 of title 3 of the
United States Code [section 301 of Title 3, The President], and in
furtherance of the purpose and policies of the Clean Air Act, as
amended (42 U.S.C. 1857) [section 1857 et seq. of this title], the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1251)
[section 1251 et seq. of Title 33, Navigation and Navigable
Waters], the Solid Waste Disposal Act, as amended (42 U.S.C.
3251) [section 3251 et seq. of this title], the Noise Control Act of
1972 (42 U.S.C. 4901) [section 4901 et seq. of this title], the Marine
Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1431) [section 1431 et seq. of Title 16, Conservation], the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by the
Federal Environmental Pesticide Control Act of 1972 (7 U.S.C.
136) [section 136 et seq. of Title 7, Agriculture], and the National
Environmental Policy Act of 1969 (42 U.S.C. 4321) [this chapter],
it is ordered as follows:
Section 1. Policy. It is the purpose of this order to assure
that the Federal Government, in the design, construction,
management, operation, and maintenance of its facilities, shall
provide leadership in the nationwide effort to protect and
enhance the quality of our air, water, and land resources
through compliance with applicable standards for the
prevention, control, and abatement of environmental pollution
in full cooperation with State and local governments.
Compliance by Federal facilities with Federal, State, interstate,
and local substantive standards and substantive limitations, to
the same extent that any person is subject to such standards and
limitations, will accomplish the objective of providing Federal
leadership and cooperation in the prevention of environmental
pollution. In light of the principle of Federal supremacy
embodied in the Constitution, this order is not intended, nor
should it be interpreted, to require Federal facilities to comply
with State or local administrative procedures with respect to
pollution abatement and control.
Sec. 2. Definitions. As used in this order:
(1) The term "Administrator" means the Administrator of
the Environmental Protection Agency.
(2) The term "Federal agencies" means the departments,
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agencies, establishments and instrumentalities of the executive
branch.
(3) The term "State, interstate, and local agencies" means
any of the following:
(A) a State agency designated by the Governor of that State
as an official State agency responsible for enforcing State and
local laws relating to the prevention, control, and abatement of
environmental pollution:
(B) any agency established by two or more States and having
substantial powers or duties pertaining to the prevention,
control, and abatement of environmental pollution;
(C) a city, county, or other local government authority
charged with responsibility for enforcing ordinances or laws
relating to the prevention, control, and abatement of
environmental pollution; or
(D) an agency of two or more municipalities located in the
same State or in different States and having substantial powers
or duties pertaining to the prevention, control, and abatement of
environmental pollution.
(4) The term "facilities" means the buildings, installations,
structures, land, 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.
(5) The term "United States" means the fifty States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, Guam, American Samoa, and the Trust Territory
of the Pacific Islands.
Sec. 3. Responsibilities, (a) Heads of Federal agencies shall,
with regard to all facilities under their jurisdiction in the United
States;
(1) Ensure that applicable standards specified in section 4 of
this order are met on a continuing basis.
(2) Cooperate with the Administrator and State, interstate,
and local agencies in the prevention, control, and abatement of
environmental pollution and, in accordance with guidelines
issued by the Administrator, provide to the Administrator and to
those agencies such information as is necessary to determine
compliance with applicable standards. Such cooperation shall
include development of an abatement plan and schedule for
meeting applicable standards.
(3) Present to the Director of the Office of Management and
Budget, annually, a plan to provide for such improvement in the
design, construction, management, operation, and maintenance •
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of existing facilities as may be necessary to meet applicable
standards specified in section 4.
(4) Consider the environmental impact in the initial stages of
planning for each new facility or modification to an existing
facility in accordance with the National Environmental Policy
Act [this chapter].
(5) Include with all budget requests for the design and
construction of new facilities or for modification of existing
facilities funds for such measures as may be necessary to meet
applicable standards specified in section 4. Budget requests shall
reflect the most efficient alternative for meeting applicable
standards.
(6) Consult, as appropriate, with the Administrator and with
State and local agencies concerning the best techniques and
methods available for the prevention, control, and abatement of
environmental pollution.
(7) Ensure that any funds appropriated and apportioned for
the prevention, control, and abatement of environmental
pollution are not used for any other purpose unless permitted by
law and unless specifically approved by the Office of
Management and Budget.
(b) Where activities are carried out at Federal facilities
acquired by leasing or other Federal agreements, the head of the
responsible agency may at his discretion, to the extent
permissible under applicable statutes and regulations, require
the lessee or permittee to assume full responsibility for
complying with standards for the prevention, control, and
abatement of environmental pollution.
(c) Heads of Federal agencies responsible for the
construction and operation of Federal facilities outside the
United States shall assure that such facilities are operated so as
to comply with the environmental pollution standards of general
applicability in the host country or jurisdictions concerned.
(d) The Administrator shall:
(1) Provide technical advice and assistance to the heads of
Federal agencies in connection with their duties and
responsibilities under this order.
(2) Maintain such review of Federal facilities' compliance
with the standards specified in section 4 as may be necessary.
(3) Provide liaison as required to assure that actions taken by
Federal agencies pursuant to this order are coordinated with
State, interstate, and local programs for the prevention, control,
and abatement of environmental pollution.
(4) Mediate conflicts between Federal agencies and State,
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interstate, or local agencies in matters affecting the application H
of, or compliance with, applicable standards specified in section
4.
(5) Develop in consultation with the heads of other Federal •
agencies a coordinated strategy for Federal facility compliance Hi
with applicable standards specified in section 4 which
incorporates, to the maximum extent practicable, common
procedures for an integrated approach to Federal agency
compliance with such standards, and issue such regulations and
guidelines as are deemed necessary to facilitate implementation
of that strategy and to provide a framework for coordination and
cooperation among the Environmental Protection Agency, the
other Federal agencies, and the State, interstate, and local
agencies. II
(6) Maintain a continuing review of the implementation of H
this order and, from time to time, report to the President on the
progress of the Federal agencies in implementing this order. H
Sec. 4. Standards, (a) Heads of Federal agencies shall •
ensure that all facilities under their jurisdiction are designed,
constructed, managed, operated, and maintained so as to
conform to the following requirements:
(1) Federal, State, interstate, and local air quality standards
and emission limitations adopted in accordance with or effective
under the provisions of the Clean Air Act, as amended [section
1857 et seq. of this title].
(2) Federal, State, interstate and local water quality
standards and effluent limitations respecting the discharge or
runoff of pollutants adopted in accordance with or effective
under the provisions of the Federal Water Pollution Control Act,
as amended [section 1251] et seq. of Title 33, Navigation and
Navigable Waters].
(3) Federal regulations and guidelines respecting dumping of
material into ocean waters adopted in accordance with the
Marine Protection, Research, and Sanctuaries Act of 1972
[section 1431 et seq. of Title 16, Conservation], and the Federal
Water Pollution Control Act, as amended [section 1251 et seq. of
Title 33, Navigation and Navigable Waters].
(4) Guidelines for solid waste recovery, collection, storage,
separation, and disposal systems issued by the Administrator
pursuant to the Solid Waste Disposal Act, as amended [section
3251 et seq. of this title]. •
(5) Federal noise emission standards for products adopted in •
accordance with provisions of the Noise Control Act of 1972
[section 4901 et seq. of this title] and State, interstate, and local •
4
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standards for control and abatement of environmental noise.
(6) Federal guidance on radiation and generally applicable
environmental radiation standards promulgated or
recommended by the Administrator and adopted in accordance
with the Atomic Energy Act, as amended (42 U.S.C. 2011) [section
2011 et seq. of this title], and rules, regulations, requirements,
and guidelines on discharges of radioactivity as prescribed by
the Atomic Energy Commission.
(7) Federal regulations and guidelines respecting
manufacture, transportation, purchase, use, storage, and
disposal of pesticides promulgated pursuant to the provisions of
the Federal Insecticide, Fungicide, and Rodenticide Act, as
amended by the Federal Environmental Pesticide Control Act of
1972 [section 136 et seq. of Title 7, Agriculture].
(b) In those cases in which there are no environmental
pollution standards as specified in subsection (a) for a particular
geographic area or class of Federal facilities, the Administrator,
in consultation with appropriate Federal, State, interstate, and
local agencies, may issue regulations, which shall be published in
the Federal Register, establishing environmental pollution
standards for the purpose of this order.
Sec. 5. Exemptions, (a) The heads of Federal agencies, in
consultation with the Administrator, may, from time to time,
identify facilities or uses thereof which are exempted from
applicable standards specified in section 4 in the interest of
national security or in extraordinary cases in which it is in the
paramount interests of the United States. No such exemptions
shall be made except as are permissible under applicable Federal
law.
(b) In any case in which the Administrator does not agree
with a determination to exempt a facility or use thereof from the
provisions of this order, the head of the Federal agency making
such a determination must have the approval of the Director of
the Office of Management and Budget to exempt that facility or
use thereof; except that, the Administrator is solely responsible
for approval of exemptions under section 18 of the Federal
Insecticide, Fungicide, and Rodenticide Act, as amended by the
Federal Environmental Pesticide Control Act of 1972 [section
136 et seq. of Title 7, Agriculture].
(c) The heads of Federal agencies shall present to the
Director of the Office of Management and Budget at the end of
each calendar year a report of all exemptions made during that
year, together with the justification for each such exemption.
Sec. 6. Saving Provisions. Except to the extent that they are
74 Rev.-57
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inconsistent with this order, all outstanding rules, regulations, .
orders, delegations, or other forms of administrative action
issued, made, or otherwise taken under the order superseded by
Section 7 hereof or relating to the subject of this order shall •
remain in full force and effect until amended, modified, or •
terminated by proper authority.
Sec. 7. Order Superseded. Executive Order No. 11507 of ••
February 4, 1970, is hereby superseded. •
RICHARD NIXON
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EPA CURRENT LAWS—AIR
1. Statutes
LI The Clean Air Act, as amended 42 U.S.C. §1857 et seq. (1973).
1.2 Public Contracts, Advertisements for Proposals for Purchases and
Contracts for Supplies or Services for Government Departments;
Application to Government Sales and Contracts to Sell and to
Government Corporations, as amended, 41 U.S.C. §5 (1958).
[Referred to in 42 U.S.C. §1857b—1 (a) (2) (D)]
1.3 Advances of Public Moneys, Prohibition Against, as revised, 31 U.S.C.
§529 (1946).
[Referred to in 42 U.S.C. §1857b—1 (a) (2) (D)]
1.4 Contracts: Acquisition, Construction or Furnishing of Test Facilities
and Equipment, as amended, 10 U.S.C. §2353 (1956).
[Referred to in 42 U.S.C. §1857b—1 (a) (2) (D)]
1.5 Record on Review and Enforcement of Agency Orders, as amended, 28
U.S.C. §2112 (1966).
[Referred to in 42 U.S.C §§1857c—5(f) (2) (B), 1857f—5(b) (2) (B) (ii)]
1.6 Disclosure of Confidential Information Generally, as amended, 18 U.S.C.
§1905 (1948).
[Referred to in 42 U.S.C. §§1857c—9(c), 1857d (j) (1), 1857f—6 (b),
1857h—5 (a) (1)]
1.7 Per Diem, Travel and Transportation Expenses; Experts and
Consultants; Individuals Serving Without Pay, as amended, 5 U.S.C.
§5703 (1969).
[Referred to in 42 U.S.C §§1857d(i), 1857e(e), 1857f— 6e(b) (2)]
1.8 Highway Safety Act of 1966, as amended, 23 U.S.C. §402 (1973).
[Referred to in 42 U.S.C. §1857f— 6b(2)]
1.9 Federal Salary Act, as amended, 5 U.S.C. §§5305, 5332 (1970).
[Referred to in 42 U.S.C. §1857f— 6e(b) (3) (A)]
1.10 The Federal Aviation Act of 1958, as amended, 49 U.S.C. §§1301—1441
(1972).
[Referred to in 42 U.S.C. §§1857f—10(a), (b), 1857f—12]
1.11 Department of Transportation Act, as amended, 49 U.S.C. §1653(f) (1968).
[Referred to in 42 U.S.C. §1857f—10(b)]
1.12 The National Environmental Policy Act of 1969, 42 U.S.C. §4332 (2) (c)
(1970).
[Referred to in 42 U.S.C. §1857h—7(a)]
1.13 The Public Health Service Act, as amended, 42 U.S.C. §§241, 243, 246
(1973).
[Referred to in 42 U.S.C. §1857i(b)]
1.14 The Davis-Bacon Act, as amended, 40 U.S.C. §§276a—276a—5 (1964).
[Referred to in 42 U.S.C. §1857j—3]
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1.15 Reorganization Plan No. 14 of 1950, 64 Stat. 1267 (1950).
[Referred to in 42 U.S.C. §1857j—3]
1.16 Regulations Governing Contractors and Subcontractors, as amended, 40
U.S.C. §276c (1958).
[Referred to in 42 U.S.C. §1857j—3]
1.17 Federal Aid Highway Act, as amended, 23 U.S.C. §109(h), (j) (1970).
1.18 Airport and Airways Development Act, as amended, 49 U.S.C. §§1712(f),
1716(c) (4), (e) (1970).
1.19 Amortization of Pollution Control Facilities, as amended, 26 U.S.C.
§169(d) (1) (B), (3) (1969).
1.20 Interest on Certain Government Obligations, as amended, 26 U.S.C. §103
(1969).
1.21 Motor Vehicle Information and Cost Saving Act, 15 U.S.C. §1961—1964
(1972).
2. Executive Orders
2.1 E.O. 11507, Prevention, Control, and Abatement of Air and Water
Pollution at Federal Facilities, February 5,1970,35 Fed. Reg. 2573 (1970).
2.2 E.O. 11523, National Industrial Pollution Control Council, April 9, 1970,
35 Fed. Reg. 5993 (1970).
2.3 E.O. 11587, Placing Certain Positions in Levels IV and V of the Federal
Executive Salary Schedule, March 15, 1971, 36 Fed. Reg. 475 (1971).
2.4 E.O. 11738, Providing' for Administration of the Clean Air Act and the
Federal Water Pollution Control Act with Respect to Federal Contracts,
Grants, or Loans, September 12, 1973, 38 Fed. Reg. 25161 (1973).
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EPA CURRENT LAWS—AIR
1. Statutes
1.1 The Clean Air Act, as amended, 42 U.S.C §1857 et seq. (1973).
1.2 Public Contracts, Advertisements for Proposals for Purchases and
Contracts for Supplies or Services for Government Departments;
Application to Government Sales and Contracts to Sell and to
Government Corporations, as amended, 41 U.S.C. §5 (1958).
[Referred to in 42 U.S.C. §1857b—1 (a) (2) (D)]
1.3 Advances of Public Moneys, Prohibition Against, as revised, 31 U.S.C.
§529 (1946).
[Referred to in 42 U.S.C. §1857b—1 (a) (2) (D)]
1.4 Contracts: Acquisition, Construction or Furnishing of Test Facilities
and Equipment, as amended, 10 U.S.C. §2353 (1956).
[Referred to in 42 U.S.C. §1857b—1 (a) (2) (D)]
1.5 Record on Review and Enforcement of Agency Orders, as amended, 28
U.S.C. §2112 (1966).
[Referred to in 42 U.S.C. §§1857c—5 (f) (2) (B), 1857f—5 (b) (2) (B) (ii)]
1.6 Disclosure of Confidential Information Generally, as amended, 18 U.S.C
§1905 (1948).
[Referred to in 42 U.S.C §§1857c—9 (c), 1857d (j) (D, 1857f—6 (b),
1857h—5 (a) (1)]
1.7 Per Diem, Travel and Transportation Expenses; Experts and
Consultants; Individuals Serving Without Pay, as amended, 5 U.S.C.
§5703 (1969).
[Referred to in 42 U.S.C. §§1857d (i), 1857e (e), 1857f—6e (b) (2)]
1.8 Highway Safety Act of 1966, as amended, 23 U.S.C. §402 (1973).
[Referred to in 42 U.S.C. §1857f—6b (2)]
1.9 Federal Salary Act, as amended, 5 U.S.C. §§5305, 5332 (1970).
[Referred to in 42 U.S.C. §1857f—6e (b) (3) (A)]
1.10 The Federal Aviation Act of 1958, as amended, 49 U.S.C. §§1301—1441
(1972).
[Referred to in 42 U.S.C. §§1857f—10 (a), (b), 1857f—12]
1.11 Department of Transportation Act, as amended, 49 U.S.C. §1653 (f) (1968).
[Referred to in 42 U.S.C. §1857f—10 (b)]
1.12 The National Environmental Policy Act of 1969, 42 U.S.C. §4332 (2) (c)
(1970).
[Referred to in 42 U.S.C. §1857h—7 (a)]
1.13 The Public Health Service Act, as amended, 42 U.S.C. §§241, 243, 246
(1973).
[Referred to in 42 U.S.C. §1857i (b)]
1.14 The Davis-Bacon Act, as amended, 40 U.S.C. §§276a-276a—5 (1964).
[Referred to in 42 U.S.C. §1857j—3]
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1.15 Reorganization Plan No. 14 of 1950, 64 Stat. 1267 (1950).
[Referred to in 42 U.S.C. §1857j—3]
1.16 Regulations Governing Contractors and Subcontractors, as amended, 40
U.S.C. §276c (1958).
[Referred to in 42 U.S.C. §1857j—3]
1.17 Federal Aid Highway Act, as amended, 23 U.S.C. §109 (h), (j) (1970).
1.18 Airport and Airways Development Act, as amended, 49 U.S.C. §§1712 (f),
1716 (c) (4), (e) (1970).
1.19 Amortization of Pollution Control Facilities, as amended, 26 U.S.C. §169
(d) (1) (B), (3) (1969).
1.20 Interest on Certain Government Obligations, as amended, 26 U.S.C. §103
(1969).
1.21 Motor Vehicle Information and Cost Saving Act, 15 U.S.C. §1961—1964
(1972).
74 Rev.-62
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THE CLEAN AIR ACT
Parallel Citation
Statutes At Large §
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42 U.S.C. §
1857
1857a
1857b
1857b— 1
1857c
1857c— 1
1857c— 2
1857c— 3
1857c— 4
1857c— 5
1857c— 6
1857c— 7
1857c— 8
1857c— 9
1857d
1857d— 1
1857e
1867f
—
1857f— 1
1857f— 2
1857f— 3
1857f— 4
1857f— 5
1857f— 5a
1857f— 6
1857f— 6a
1857f— 6b
Statut
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305
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402
403
42 U.S.C. §
1857f—6c
1857f—6e
1857f—7
1857f—9
1857f—10
1857f—11
1857f—12
1857g
1857h
1857h—1
1857h—2
1857h—3
1857h—4
1857h—5
1857H—6
1857h—7
1857i
1867]
1857J—1
1857J—2
1857J—3
1857k
18571
1858
1858a
SUBCHAPTER I.—AlR POLLUTION PREVENTION AND CONTROL
Sec.
1857.
1857a
Congressional findings; purposes of subchapter.
Cooperative activities.
(a) Interstate cooperation; uniform State laws; State compacts.
(b) Federal cooperation.
(c) Consent of Congress to compacts.
1857b. Research, investigations, training, and other activities.
(a) Research and development program for prevention and con-
trol of air pollution.
(b) Availabiltiy of information and recommendations; cooperative
activities; research grants, etc.; contract; training; fellow-
ships; collection and dissemination of basic data on chemical,
physical and biological effects of air quality; process, method
and device development.
(c) Results of other scientific studies.
(d) Construction of facilities.
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EPA CURRENT LAWS—AIR
Sec.
(e) Potential air pollution problems; conferences; findings and
recommendations of Secretary.
1857b—1. Research relating to fuels and vehicles.
(a) Research programs; grants; contracts; pilot and demon-
stration plants; byproducts research.
(b) Powers of Secretary in establishing research and develop-
ment programs.
(c) Authorization of appropriations.
1857c. Grants for support of air pollution planning and control programs.
(a) Amounts; limitations; "regional air quality control program"
defined; assurances of plan development capability.
(b) Terms and conditions; regulations; factors for consideration;
expenditure and consultation requirements.
(c) State expenditure limitation.
1857c—1. Interstate air quality agencies or commissions; program cost limi-
tations ; planning commissions.
1857c—2. Air quality control regions.
(a) Atmospheric areas; designation of regions.
(b) Air quality criteria.
(c) Pollution control techniques.
(d) Revision and reissuance of criteria and techniques.
1857c—3. Air quality criteria and control techniques.
(a) Air pollutant list; publication and revision by Administra-
tor; issuance of air quality criteria for air pollutants.
(b) Issuance by Administrator of information on air pollution
control techniques; standing consulting committees for
air pollutants; establishment; membership.
(c) Review, modification, and reissuance by Administrator.
(d) Publication in Federal Register; availability of copies for
general public.
1857c—4. National primary and secondary ambient air quality standards;
promulgation; procedure.
1857c—5. State implementation plans for national primary and secondary
ambient air quality standards.
(a) Submission to Administrator; time for submission; State
procedures; required contents of plans for approval by
Administrator; approval of revised plan by Administra-
tor.
(b) Extension of period for submission of plan implementing
national secondary ambient air quality standard.
(c) Preconditions for preparation and publication by Admin-
istrator of proposed regulations setting forth an imple-
mentation plan; hearings for proposed regulations;
promulgation of regulations by Administrator.
(d) Applicable implementation plan.
(e) Extension of time period for attainment of national pri-
mary ambient air quality standard in implementation
plan; procedure; approval of extension by Administrator.
(f) Postponement of compliance by any stationary source or
class of moving sources with any requirement of an ap-
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Sec.
1857c—6.
1857c—7.
1857c—8.
1857c—9.
CLEAN AIR ACT
plicable implementation plan; application by Governor
of affected State; determination by Administrator; no-
tice and opportunity for hearing; judicial review; prece-
dence of cases; subpenas.
Standards of performance by new stationary sources.
(a] Definitions.
(b) Publication and revision by Administrator of list of cate-
gories of stationary sources; inclusion of category in
list; proposal of regulations by Administrator establish-
ing standards for new sources within category; promul-
gation and revision of standards; differentiation within
categories of new sources; issuance of information on
pollution control techniques; applicability to new sources
owned or operated by United States.
(c) Implementation and enforcement by State; procedure; dele-
gation of authority of Administrator to State; enforce-
ment power of Administrator unaffected.
(d) Emission standards for any existing source for any air
pollutant; submission of State plan to Administrator
establishing, implementing and enforcing standards; au-
thority of Administrator to prescribe State plan; author-
ity of Administrator to enforce State plan; procedure.
(e) Prohibited acts.
National emission standards for hazardous air pollutants.
(a) Definitions.
(b) Publication and revision by Administrator of list of haz-
ardous air pollutants; inclusion of air pollutant in list;
proposal of regulations by Administrator establishing
standards for pollutant; establishment of standards;
standards effective upon promulgation; issuance of in-
formation on pollution control techniques.
(c) Prohibited acts; exemption by President for any stationary
source; duration and extension of exemption; report to
Congress.
(d) Implementation and enforcement by State of standards for
stationary sources; procedure; delegation of authority of
Administrator to State; enforcement power of Adminis-
trator unaffected.
Federal enforcement procedures.
(a) Determination of violation of applicable implementation
plan or standard; notification of violator; issuance of
compliance order; contents of compliance order.
(b) Civil action for appropriate relief; jurisdiction; venue;
notice to appropriate State agency.
(c) Penalties.
Recordkeeping, inspections, monitoring, and entry.
(a) Authority of Administrator or authorized representative.
(b) Enforcement procedure by State; delegation of authority
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EPA CURRENT LAWS—Am
Sec.
of Administrator to State; power of Administrator un-
affected.
(c) Availability of records, reports, and information to pub-
lic ; disclosure of trade secrets.
SUBCHAPTER II.—EMISSION STANDARDS FOR MOVING SOURCES
Part A.—Motor Vehicle Emission and Fuel Standards
1857f—1. Standards governing emission of substances from vehicles or
engines; establishment by regulation; vehicles and engines to
which applicable; effective date of regulations.
1857f—2. Prohibited acts.
(a) Manufacture, sale, or importation of vehicles or engines
not in conformity with regulaticns; failure to make re-
ports or provide information; removal of devices in-
stalled in conformity with regulations.
(b) Authority of Secretary to make exemptions; refusal to
admit vehicle or engine into United States; exemption
of vehicles or engines intended for export.
1857f—3. Jurisdiction of district court to restrain violations; actions
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1857d. Air quality standards and abatement of air pollution.
(a) Air pollution subject to abatement.
(b) Encouragement of municipal, State and interstate action.
(c) State standards; letter of intent; boards for hearings on stand-
ards; members, compensation, and expenses; violations;
jurisdiction. ^B
(d) Conferences of air pollution agencies; participation of foreign ^1
countries; transcript of proceedings. ^*
(e) Recommendations of Secretary for remedial action by agencies;
commencement of recommended action.
(f) Hearings for failure to abate pollution; board members; find-
ings and recommendations.
(g) Judicial proceedings to secure abatement of pollution.
(h) Federal court proceedings; evidence; jurisdiction of court.
(i) Compensation and travel expenses for members of hearing
board.
(j) Furnishing of data to Secretary by polluter; reports; failure
to make required report; forfeitures. MM
(k) Injunction in cases of imminent and substantial endangerment. ^1
1857d—1. Standards to achieve higher level of air quality.
1857e. Air Quality Advisory Board; advisory committees.
(a) Establishment of Board; membership; appointment; term.
(b) Duties of Board.
(c) Clerical and technical assistance.
(d) Advisory committees.
(e) Compensation; travel expenses.
1857f. Air pollution from Federal facilities; cooperation by Federal agencies.
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CLEAN AIR ACT
Sec.
brought by or in name of United States; territorial scope of
subpenas for witnesses.
1857f—4. Penalties for violations; separate offenses.
1857f—5. Testing of vehicles or engines to determine if in conformity with
regulations; issuance of certificate of conformity; similarly
constructed vehicles or engines deemed to be in conformity
with regulations.
1957f—5a. Compliance by vehicles and engines in actual use.
(a) Warranty.
(b) Testing methods and procedures.
(c) Nonconforming vehicles; plan for remedying nonconform-
ity; instructions for maintenance and use.
(d) Dealer costs borne by manufacturer.
(e) Cost statement.
(f) Inspection after sale to ultimate purchaser.
1857f—6. Records, reports and information required; access to and copying
records; confidential nature of information obtained.
1857f—6a. State standards.
1957f—6b. Federal assistance in developing vehicle inspection programs.
1857f— 6c. Fuel additives.
(a) Registration with Secretary.
(b) Registration data; compliance.
(c) Trade secrets.
(d) Penalty.
(e) Recovery of penalties to be prosecuted by United States
Attorney.
1857f—6d. National emissions standards study.
1857f—6e. Low-emission vehicles.
(a) Definitions.
(b) Low-Emission Vehicle Certification Board; establishment;
composition; appointment; Chairman; compensation;
travel expenses; employment and compensation of addi-
tional personnel; time and place of meetings; powers.
(c) Determinations by Administrator of models or classes of
motor vehicles qualifying as low-emission vehicles.
(d) Certification by Board; specifications for suitable substi-
tutes; criteria for certification; term of certification;
procedure for certification.
(e) Acquisition by Federal government by purchase or lease;
procurement costs; contract provisions.
(f) Priority for purchase by procuring agency.
(g) Waiver of statutory price limitations.
(h) Testing of emissions from certified low-emission vehicles
purchased by the Federal government; procedure; re-
certification.
Authorization of appropriations.
Promulgation by Board of implementing procedures.
1857f—7.
1857f—8.
(i)
(j)
Definitions.
Repealed.
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42 § 1857 EPA CURRENT LAWS—Am
Sec.
Part B.—Aircraft Emission Standards
1857f—9. Establishment of standards.
(a) Study; report; hearings; issuance of regulations.
(b) Effective date of regulations.
(c) Consultation with Secretary of Transportation.
1857f—10. Enforcement of standards; regulations by Secretary of Transpor-
tation; proceedings to amend, modify, suspend, or revoke cer-
tificates.
1857f—11. State standards and controls.
1857f—12. Definitions.
SUBCHAPTER III.—GENERAL PROVISIONS
1857g. Administration.
(a) Regulations; delegation of powers of Secretary.
(b) Detail of Public Health Service personnel to air pollution con-
trol agencies; payment of salaries and allowances.
(c) Payments under grants; installments; advances or reimburse-
ment.
1857h. Definitions.
1857h—1. Emergency powers.
1857h—2. Citizen suits.
(a) Establishment of right to bring suit.
(b) Notice.
(c) Venue; intervention by Administrator.
(d) Award of costs; security.
(e) Non-restriction of other rights.
(f) Definition.
1857h—3. Legal representation of Administrator and appearance by At-
torney General.
1857h—4. Federal procurement.
(a) Contracts with violators prohibited.
(b) Notification procedures.
(c) Federal agency contracts.
(d) Exemptions; notification to Congress.
(e) Annual report to Congress.
1857h—5. Administrative proceedings and judicial review.
1857h—6. Mandatory licensing.
1857h—7. Policy review.
1857i. Application to other laws; nonduplication of appropriations.
1857J. Records and audit.
1857J—1. Comprehensive economic cost studies.
1857J—2. Additional reports to Congress.
1857J—3. Labor standards.
1857k. Separabiltiy of provisions.
1857J. Appropriations.
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SUBCHAPTER I.—AIR POLLUTION PREVENTION AND CONTROL H
§ 1857. Congressional findings; purposes of subchapter
(a) The Congress finds— _
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CLEAN AIR ACT 42 § 1857
(1) that the predominant part of the Nation's population is
located in its rapidly expanding metropolitan and other urban
areas, which generally cross the boundary lines of local juris-
dictions and often extend into two or more States;
(2) that the growth in the amount and complexity of air
pollution brought about by urbanization, industrial develop-
ment, and the increasing use of motor vehicles, has resulted
in mounting dangers to the public health and welfare, includ-
ing injury to agricultural crops and livestock, damage to and
the deterioration of property, and hazards to air and ground
transportation;
(3) that the prevention and control of air pollution at its
source is the primary responsibility of States and local gov-
ernments ; and
(4) that Federal financial assistance and leadership is es-
sential for the development of cooperative Federal, State, re-
gional, and local programs to prevent and control air pollu-
tion.
(b) The purposes of this subchapter are—
(1) to protect and enhance the quality of the Nation's air
resources so as to promote the public health and welfare and
the productive capacity of its population;
(2) to initiate and accelerate a national research and devel-
opment program to achieve the prevention and control of air
pollution;
(3) to provide technical and financial assistance to State
and local governments in connection with the development
and execution of their air pollution prevention and control
programs; and
(4) to encourage and assist the development and operation
of regional air pollution control programs.
July 14, 1955, c. 360, Title I, § 101, formerly § 1, as added Dec. 17,
1963, Pub.L. 88-206, § 1, 77 Stat. 392, renumbered and amended
Oct. 20, 1965, Pub.L. 89-272, Title I, § 101(2), (3), 79 Stat. 992;
Nov. 21,1967, Pub.L. 90-148, § 2, 81 Stat. 485.
§ 1857a. Cooperative activities—Interstate cooperation; uni-
form State laws; State compacts
(a) The Administrator shall encourage cooperative activities by
the States and local governmsnts for the prevention and control of
air pollution, encourage the enactment of improved and, so far as
practicable in the light of varying conditions and needs, uniform
State and local laws relating to the prevention and control of air
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42 § 1857a EPA CURRENT LAWS—Am
pollution; and encourage the making of agreements and compacts •
between States for the prevention and control of air pollution. " •
Federal Cooperation
(b) The Administrator shall cooperate with and encourage co-
operative activities by all Federal departments and agencies hav-
ing functions relating to the prevention and control of air pollu-
tion, so as to assure the utilization in the Federal air pollution
control program of all appropriate and available facilities and
resources within the Federal Government.
Consent of Congress to compacts
(c) The consent of the Congress is hereby given to two or more
States to negotiate and enter into agreements or compacts, not in _
conflict with any law or treaty of the United States, for (1) •
cooperative effort and mutual assistance for the prevention and
control of air 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 effec- Hi
tive such agreements or compacts. No such agreement or compact
shall be binding or obligatory upon any State a party thereto
unless and until it has been approved by Congress. It is the intent
of Congress that no agreement or compact entered into between
States after November 21, 1967, which relates to the control and
abatement of air pollution in an air quality control region, shall
provide for participation by a State which is not included (in
whole or in part) in such air quality control region.
July 14,1955, c. 360, Title I, § 102, formerly § 2, as added Dec. 17, •
1963, Pub.L. 88-206, § 1, 77 Stat. 393, renumbered Oct. 20, 1965, •
Pub.L. 89-272, Title I, § 101(3), 79 Stat. 992, amended Nov. 21,
1967, Pub.L. 90-148, § 2, 81 Stat. 485, amended Dec. 31, 1970, •
Pub.L. 91-604, § 15 (c) (2), 84 Stat. 1713. •
§ 1857b. Research, invesigations, training, and other activities
—Research and development program for prevention and control H
of air pollution H
(a) The Administrator shall establish a national research and
development program for the prevention and control of air pollu-
tion and as part of such program shall—
(1) conduct, and promote the coordination and acceleration
of, research, investigations, experiments, training, demon- •
strations, surveys, and studies relating to the causes, effects, •
extent, prevention, and control of air pollution;
(2) encourage, cooperate with, and render technical serv-
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CLEAN Affi ACT 42 § 1857b
ices and provide financial assistance to air pollution control
agencies and other appropriate public or private agencies,
institutions, and organizations, and individuals in the conduct
of such activities;
(3) conduct investigations and research and make surveys
concerning any specific problem of air pollution in coopera-
tion with any air pollution control agency with a view to
recommending a solution of such problem, if he is requested
to do so by such agency or if, in his judgment, such problem
may affect any community or communities in a State other
than that in which the source of the matter causing or con-
tributing to the pollution is located;
(4) establish technical advisory committees composed of
recognized experts in various aspects of air pollution to assist
in the examination and evaluation of research progress and
proposals and to avoid duplication of research.
Availability of information and recommendations; cooperative activities; re-
search grants, etc.; contract; training; fellowships; collection and dis-
semination of basic data on chemical, physical and biological effects of
air quaKty; process, method and device development
(b) In carrying out the provisions of the preceding subsection
the Administrator is authorized to—
(1) collect and make available, through publications and
other appropriate means, the results of and other informa-
tion, including appropriate recommendations by him in
connection therewith, pertaining to such research and other
activities;
(2) cooperate with other Federal departments and agen-
cies, with air pollution control agencies, with other public and
private agencies, institutions, and organizations, and with
any industries involved, in the preparation and conduct of
such research and other activities;
(3) make grants to air pollution control agencies, to other
public or nonprofit private agencies, institutions, and organi-
zations, and to individuals, for purposes stated in subsection
(a) (1) of this section;
(4) contract with public or private agencies, institutions,
and organizations, and with individuals, without regard to
section 529 of Title 31 and section 5 of Title 41;
(5) provide training for, and make training grants to, per-
sonnel of air pollution control agencies and other persons
with suitable qualifications;
(6) establish and maintain research fellowships, in the En-
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42 § 1857b EPA CURRENT LAWS—AIR
vironmental Protection Agency and at public or nonprofit
private educational institutions or research organizations;
(7) collect and disseminate, in cooperation with other Fed-
eral departments and agencies, and with other public or pri-
vate agencies, institutions, and organizations having related
responsibilities, basic data on chemical, physical, and biologi-
cal effects of varying air quality and other information per-
taining to air pollution and the prevention and control
thereof; and
(8) develop effective and practical processes, methods, and _
prototype devices for the prevention or control of air pollu- •
tion. ™
Results of other scientific studies ^_
(c) In carrying out the provisions of subsection (a) of this •
section the Administrator shall conduct research on, and survey ™
the results of other scientific studies on, the harmful effects on the
health or welfare of persons by the various known air pollutants. H
Construction of facilities
(d) The Administrator is authorized to construct such facilities
and staff and equip them as he determines to be necessary to carry H
out his functions under this chapter. H
Potential air pollution problems; conferences; findings and
recommendations of Administrator
(e) If, in the judgment of the Administrator, an air pollution
problem of substantial significance may result from discharge or
discharges into the atmosphere, he may call a conference concern-
ing this potential air pollution problem to be held in or near one or
more of the places where such discharge or discharges are occur-
ring or will occur. All interested persons shall be given an oppor- «
tunity to be heard at such conference, either orally or in writing, •
and shall be permitted to appear in person or by representative in
accordance with procedures prescribed by the Administrator. If
the Administrator finds, on the basis of the evidence presented at •
such conference, that the discharge or discharges if permitted to •
take place or continue are likely to cause or contribute to air
pollution subject to abatement under section 1857d of this title, he
shall send such findings, together with recommendations concern-
ing the measures which he finds reasonable and suitable to nrevent
such pollution, to the person or persons whose actions will result •
in the discharge or discharges involved: to air pollution ae-encies •
of the State or States and of the municipality or municipalities
where such discharge or discharges will originate; and to the
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CLEAN AIR ACT 42 § 1857b
• interstate air pollution control agency, if any, in the jurisdictional
area of which any such municipality is located. Such findings and
recommendations shall be advisory only, but shall be admitted
• together with the record of the conference, as part of the proceed-
ings under subsections (b), (c), (d), (e), and (f) of section
1857d of this title.
• Accelerated research program on short- and long-term effects of air pollut-
ants; conduct of studies, utilization of facilities, and consultations; dura-
tion of contracts; authorization of appropriations
(f) (1) In carrying out research pursuant to this chapter, the
• Administrator shall give special emphasis to research on the
short- and long-term effects of air pollutants on public health and
welfare. In the furtherance of such research, he shall conduct an
• accelerated research program—
(A) to improve knowledge of the contribution of air pol-
lutants to the occurrence of adverse effects on health, including,
• but not limited to, behavioral, physiological, toxicological, and
biochemical effects; and
(B) to improve knowledge of the short- and long-term ef-
fects of air pollutants on welfare.
1(2) In carrying out the provisions of this subsection the Admin-
istrator may—
(A) conduct epidemiological studies of the effects of air
• pollutants on mortality and morbidity;
(B) conduct clinical and laboratory studies on the immu-
nologic, biochemical, physiological, and the toxicological ef-
• fects including carcinogenic, teratogenic, and mutagenic ef-
fects of air pollutants;
(C) utilize, on a reimbursable basis, the facilities of exist-
ing Federal scientific laboratories and research centers;
(D) utilize the authority contained in paragraphs (1)
through (4) of subsection (b) of this section; and
(E) consult with other appropriate Federal agencies to
• assure that research or studies conducted pursuant to this
subsection will be coordinated with research and studies of
such other Federal agencies.
1(3) In entering into contracts under this subsection, the Admin-
istrator is authorized to contract for a term not to exceed 10 years
in duration. For the purposes of this paragraph, there are author-
ized to be appropriated $15,000,000. Such amounts as are appro-
H priated shall remain available until expended and shall be in addi-
™ tion to any other appropriations under this chapter.
July 14,1955, c. 360, Title I, § 103, formerly § 3, as added Dec. 17,
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42 5 I857b EPA CURRENT LAWS—AlR
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provided with respect to research contracts of the military
departments in, section 2353 of Title 10, except that the de-
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1963, Pub.L. 88-206, § 1, 77 Stat. 394, renumbered and amended •
Oct. 20, 1965, Pub.L. 89-272, Title I, §§ 101(3), 103, 79 Stat. 992, •
996; Nov. 21, 1967, Pub.L. 90-148, § 2, 81 Stat. 486, amended Dec.
31, 1970, Pub.L. 91-604, §§ 2(a), 4(2), 15(a) (2), (c) (2), 84
Stat. 1676, 1689,1710, 1713.
§ 1857b—1. Research relating to fuels and vehicles—Research
programs; grants; contracts; pilot and demonstration plants; by-
products research
(a) The Administrator shall give special emphasis to research
and development into new and improved methods having indus-
try-wide application, for the prevention and control of air pollu-
tion resulting from the combustion of fuels. In furtherance of such
research and development he shall—
(1) conduct and accelerate research programs directed to-
ward development of improved, low-cost techniques for—
(A) control of combustion byproducts of fuels,
(B) removal of potential air pollutants from fuels prior to
combustion,
(C) control of emissions from the evaporation of fuels,
(D) improving the efficiency of fuels combustion so as to
decrease atmospheric emissions, and
(E) producing synthetic or new fuels which, when used,
result in decreased atmospheric emissions.
(2) provide for Federal grants to public or nonprofit agen-
cies, institutions, and organizations and to individuals, and
contracts with public or private agencies, institutions, or per-
sons, for payment of (A) part of the cost of acquiring, con-
structing, or otherwise securing for research and develop-
ment purposes, new or improved devices or methods having
industrywide application of preventing or controlling dis- •
charges into the air of various types of pollutants; (B) part •§
of the cost of programs to develop low emission alternatives
to the present internal combustion engine; (C) the cost to
purchase vehicles and vehicle engines, or portions thereof, for
research, development, and testing purposes; and (D) carry-
ing out the other provisions of this section, without regard to •
section 529 of Title 31 and section 5 of Title 41: Provided, •
That research or demonstration contracts awarded pursuant
to this subsection (including contracts for construction) may
be made in accordance with, and subject to the limitations •
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termination, approval, and certification required thereby shall
be made by the Secretary: Provided further, That no grant may
be made under this paragraph in excess of $1,500,000;
(3) determine, by laboratory and pilot plant testing, the
results of air pollution research and studies in order to develop
new or improved processes and plant designs to the point where
they can be demonstrated on a large and practical scale;
(4) construct, operate, and maintain, or assist in meeting the
cost of the construction, operation, and maintenance of new or
improved demonstration plants or processes which have promise
of accomplishing the purposes of this chapter;
(5) study new or improved methods for the recovery and
marketing of commercially valuable byproducts resulting from
the removal of pollutants.
Powers of Administrator in establishing research and development programs
(b) In carrying out the provisions of this section, the
Administrator may—
(1) conduct and accelerate research and development of
low-cost instrumentation techniques to facilitate
determination of quantity and quality of air pollutant
emissions, including, but not limited to, automotive emissions;
(2) utilize, on a reimbursable basis, the facilities of existing
Federal scientific laboratories;
(3) establish and operate necessary facilities and test sites
at which to carry on the research, testing, development, and
programing necessary to effectuate the purposes of this
section;
(4) acquire secret processes, technical data, inventions,
patent applications, patents, licenses, and an interest in lands,
plants, and facilities, and other property or rights by purchase,
license, lease, or donation; and
(5) cause on-site inspections to be made of promising
domestic and foreign projects, and cooperate and participate
in their development in instances in which the purposes of the
chapter will be served thereby.
Authorization of appropriations
(c) For the purposes of this section there are authorized to be
appropriated $75,000,000 for the fiscal year ending June 30,1971,
$125,000,000 for the fiscal year ending June 30,1972, $150,000,000
for the fiscal year ending June 30, 1973, and $150,000,000 for the
fiscal year ending June 30, 1974. Amounts appropriated
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pursuant to this subsection shall remain available until
expended. -
July 14,1955, c. 360, Title I, § 104, as added Nov. 21,1967, Pub.L.
90-148, § 2, 81 Stat. 487, Dec. 5, 1969, Pub.L. 91-137, 83 Stat. 283,
amended Dec. 31,1970, Pub.L. 91-604, §§ 2(b), (c), 13(a), 15(c) (2), 84
Stat. 1676, 1677, 1709, 1713, Apr. 9, 1973, Pub.L. 93-15, 31(a), 87
Stat. 11.
§ 1857c. Grants for support of air pollution planning and control
programs—Amounts; limitations; assurances of plan development
capability
(a) (1) (A) The Administrator may make grants to
air pollution control agencies in an amount up to two-thirds of
the cost of planning, developing, establishing, or improving, and
up to one-half of the cost of maintaining programs for the
prevention and control of air pollution or implementation of
national primary and secondary ambient air quality standards.
(B) Subject to subparag-raph (C), the Administrator may
make grants to air pollution control agencies within the meaning
of paragraph (1), (2), or (4) of section 1857h(b) of this title in an
amount up to three-fourths of the cost of planning, developing,
establishing, or improving, and up to three-fifths of the cost of
maintaining, any program for the prevention and control of air
pollution or implementation of national primary and secondary
ambient air quality standards in an area that includes two or
more municipalities, whether in the same or different States.
(C) With respect to any air quality control region or portion
thereof for which there is an applicable implementation plan
under section 1857c—5 of this title grants under subparagraph
(B) may be made only to air pollution control agencies which
have substantial responsibilities for carrying out such H
applicable implementation plan. ||
(2) Before approving any grant under this subsection to any
air pollution control agency within the meaning of sections 1857h mm*
(b) (2) and 1857h(b) (4) of this title, the Administrator shall •
receive assurances that such agency provides for adequate
representation of appropriate State, interstate, local, and (when
appropriate) international, interests in the air quality control
region.
(3) Before approving any planning grant under this subsec-
tion to any air pollution control agency within the meaning of
sections 1857h(b) (2) or 1857h(b) (4) of this title, the Administrator
shall receive assurances that such agency has the capability of
developing a comprehensive air quality plan for the air quality
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CLEAN AIR ACT 42 § 1857c
control region, which plan shall include (when appropriate) a
recommended system of alerts to avert and reduce the risk of
situations in which there may be imminent and serious danger to
the public health or welfare from air pollutants and the various
aspects relevant to the establishment of air quality standards for
such air quality control region, including the concentration of
industries, other commercial establishments, population and natu-
rally occurring factors which shall affect such standards.
Terms and conditions; regulations; factors for consideration;
expenditure and consultation requirements
(b) From the sums available for the purposes of subsection (a)
of this section for any fiscal year, the Administrator shall from
time to time make grants to air pollution control agencies upon
such terms and conditions as the Administrator may find neces-
sary to carry out the purpose of this section. In establishing regu-
lations for the granting of such funds the Administrator shall, so
far as practicable, give due consideration to (1) the population,
(2) the extent of the actual or potential air pollution problem, and
(3) the financial need of the respective agencies. No agency shall
receive any grant under this section during any fiscal year when
its expenditures of non-Federal funds for other than nonrecurrent
expenditures for air pollution control programs will be less than
its expenditures were for such programs during the preceding
fiscal year; and no agency shall receive any grant under this
section with respect to the maintenance of a program for the
prevention and control of air pollution unless the Administrator is
satisfied that such grant will be so used as to supplement and, to
the extent practicable, increase the level of State, local, or other
non-Federal funds that would in the absence of such grant be
made available for the maintenance of such program, and will in
no event supplant such State, local, or other non-Federal funds.
No grant shall be made under this section until the Administrator
has consulted with the appropriate official as designated by the
Governor or Governors of the State or States affected.
State expenditure limitation
(c) Not more than 10 per centum of the total of funds appro-
priated or allocated for the purposes of subsection (a) of this
section shall be granted for air pollution control programs in any
one State. In the case of a grant for a program in an area crossing
State boundaries, the Administrator shall determine the portion of
such grant that is chargeable to the percentage limitation under
this subsection for each State into which such area extends.
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42 § 1857c EPA CURRENT LAWS—AIR
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Reduction of payments; availability of reduced amounts; reduced amount
as deemed paid to agency for purpose of determining amount of grant
(d) The Administrator, with the concurrence of any recipient
of a grant under this section, may reduce the payments to such —.
recipient by the amount of the pay, allowances, traveling expenses, •
and any other costs in connection with the detail of any officer or ™
employee to the recipient under section 1857g of this title, when
such detail is for the convenience of, and at the request of, such H
recipient and for the purpose of carrying out the provisions of mi
this chapter. The amount by which such payments have been re-
duced shall be available for payment of such costs by the Adminis- tm
trator, but shall, for the purpose of determining the amount of •
any grant to a recipient under subsection (a) of this section, be
deemed to have been paid to such agency.
July 14, 1955, c. 360, Title I, § 105, formerly § 4, as added Dec. 17, •
1963, Pub.L. 88-206, § 1, 77 Stat. 395, renumbered and amended § •
104, Oct. 20, 1965, Pub.L. 89-272, Title I, § 101(2)-(4), 79 Stat.
992; Oct. 15, 1966, Pub.L. 89-675, § 3, 80 Stat. 954, renumbered
and amended § 105, Nov. 21, 1967, Pub.L. 90-148, § 2, 81 Stat.
489, amended Dec. 31, 1970, Pub.L. 91-604, §§ 3(a), (b) (1),
15 (c) (2), 84 Stat. 1677,1713.
§ 1857c—1. Interstate air quality agencies; program cost lim-
itations
For the purpose of developing implementation plans for any
interstate air quality control region designated pursuant to section
1857c—2 of this title, the Administrator is authorized to pay, for
two years, up to 100 per centum of the air quality planning pro-
gram costs of any agency designated by the Governors of the •
affected States, which agency shall be capable of recommending to ^*
the Governors plans for implementation of national primary and
secondary ambient air quality standards and shall include repre- ••
sentation from the States and appropriate political subdivisions ||
within the air quality control region. After the initial two-year
period the Administrator is authorized to make grants to such
agency in an amount up to three-fourths of the air quality plan-
ning program costs of such agency.
July 14,1955, c. 360, Title I, § 106, as added Nov. 21, 1967, Pub.L.
90-148, § 2, 81 Stat. 490, amended Dec. 31 1970, Pub.L. 91-604, § •
3(c), 84 Stat. 1677. •
§ 1857c—2. Air quality control regions—Responsibility of State
for air quality; submission of implementation plan •
(a) Each State shall have the primary responsibility for assur- •
ing air quality within the entire geographic area comprising such
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CLEAN AIR ACT 42 § 1857c—1
State by submitting an implementation plan for such State which
will specify the manner in which national primary and secondary
ambient air quality standards will be achieved and maintained
within each air quality control region in such State.
Designated regions
(b) For purposes of developing and carrying out implementa-
tion plans under section 1857c—5 of this title—
(1) an air quality control region designated under this
section before December 31, 1970, or a region designated
after such date under subsection (c) of this section, shall be
an air quality control region; and
(2) the portion of such State which is not part of any such
designated region shall be an air quality control region, but
such portion may be subdivided 'by the State into two or more
air quality control regions with the approval of the Adminis-
trator.
Authority of Administrator to designate regions; notification of
Governors of affected States
(c) The Administrator shall, within 90 days after December 31,
1970, after consultation with appropriate State and local authori-
ties, designate as an air quality control region any interstate area
or major intrastate area which he deems necessary or appropriate
for the attainment and maintenance of ambient air quality stand-
ards. The Administrator shall immediately notify the Governors
of the affected States of any designation made under this subsec-
tion.
July 14, 1955, c. 360, Title I, § 107, as added Nov. 21, 1967, Pub.L.
90-148, § 2, 81 Stat. 490, Title I, § 107, as added Dec. 31, 1970,
Pub.L. 91-604, § 4(a), 84 Stat. 1678.
§ 1857c—3. Air quality criteria and control techniques—Air
pollutant list; publication and revision by Administrator; is-
suance of air quality criteria for air pollutants
(a) (1) For the purpose of establishing national primary and
secondary ambient air quality standards, the Administrator shall
within 30 days after December 31, 1970, publish, and shall from
time to time thereafter revise, a list which includes each air pollu-
tant—
(A) which is his judgment has an adverse effect on public
health or welfare;
(B) the presence of which in the ambient air results from
numerous or diverse mobile or stationary sources; and
(C) for which air quality criteria had not been issued be-
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Issuance by Administrator of information on air pollution control techniques;
standing consulting committees for air pollutants; establishment, membership
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fore December 31, 1970, but for which he plans to issue air fl|
quality criteria under this section. " HI
(2) The Administrator shall issue air quality criteria for an air
pollutant within 12 months after he has included such pollutant in
a list under paragraph (1). Air quality criteria for an air pollu-
tant shall accurately reflect the latest scientific knowledge useful
in indicating the kind and extent of all identifiable effects on
public health or welfare which may be expected from the presence
of such pollutant in the ambient air, in varying quantities. The
criteria for an air pollutant, to the extent practicable, shall include
information on—
(A) those variable factors (including atmospheric condi-
tions) which of themselves or in combination with other fac-
tors may alter the effects on public health or welfare of such
air pollutant;
(B) the types of air pollutants which, when present in the
atmosphere, may interact with such pollutant to produce an
adverse effect on public health or welfare; and
(C) any known or anticipated adverse effects on welfare.
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(b) (1) Simultaneously with the issuance of criteria under
subsection (a) of this section, the Administrator shall, after con- flj
sultation with appropriate advisory committees and Federal de- •
partments and agencies, issue to the States and appropriate air
pollution control agencies information on air pollution control mm
techniques, which information shall include data relating to the H
technology and costs of emission control. Such information shall
include such data as are available on available technology and
alternative methods of prevention and control of air pollution.
Such information shall also include data on alternative fuels, proc-
esses, and operating methods which will result in elimination or
significant reduction of emissions.
(2) In order to assist in the development of information on
pollution control techniques, the Administrator may establish a
standing consulting committee for each air pollutant included in a
list published pursuant to subsection (a) (1) of this section,
which shall be comprised of technically qualified individuals repre-
sentative of State and local governments, industry, and the aca-
demic community. Each such committee shall submit, as appropri-
ate, to the Administrator information elated to that required by
paragraph (1).
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CLEAN AIR ACT 42 § 1857c—3
Review, modification, and reissuance by Administrator
(c) The Administrator shall from time to time review, and, as
appropriate, modify, and reissue any criteria or information on
control techniques issued pursuant to this section.
Publication in Federal Register; availability of copies
for general public
(d) The issuance of air quality criteria and information on air
pollution control techniques shall be announced in the Federal
Register and copies shall be made available to the general public.
July 14,1955, c. 360, Title I, § 108, as added Dec. 31,1970, Pub.L.
91-604, § 4(a), 84 Stat. 1678.
§ 1857c—4. National primary and secondary ambient air quality
standards; promulgation; procedure
(a) (1) The Administrator—
(A) within 30 days after December 31, 1970, shall publish
proposed regulations prescribing a national primary ambient
air quality standard and a national secondary ambient air
quality standard for each air pollutant for which air quality
criteria have been issued prior to such date; and
(B) after a reasonable time for interested persons to sub-
mit written comments thereon (but no later than 90 days
after the initial publication of such proposed standards) shall
by regulation promulgate such proposed national primary and
secondary ambient air quality standards with such modifica-
tions as he deems appropriate.
(2) With respect to any air pollutant for which air quality
criteria are issued after December 31, 1970, the Administrator
shall publish, simultaneously with the issuance of such criteria
and information, proposed national primary and secondary am-
bient air quality standards for any such pollutant. The procedure
provided for in paragraph (1) (B) of this subsection shall apply
to the promulgation of such standards.
(b) (1) National primary ambient air quality standards, pre-
scribed under subsection (a) of this section shall be ambient
air quality standards the attainment and maintenance of which
in the judgment of the Administrator, based on such criteria
and allowing an adequate margin of safety, are requisite to
protect the public health. Such primary standards may be revised
in the same manner as promulgated
(2) Any national secondary ambient air quality standard pre-
scribed under subsection (a) of this section shall specify a level of
air quality the attainment and maintenance of which in the judg-
ment of the Administrator, based on such criteria, is requisite to
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1 Period omitted in statute.
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42 § 1857c—4 EPA CURRENT LAWS—AIR
protect the public welfare from any known or anticipated adverse
effects associated with the presence of such air pollutant in the
ambient air. Such secondary standards may be revised in the same
manner as promulgated.1
July 14, 1955, c. 360, Title I, § 109, as added Dec. 31, 1970, Pub.L.
91-604, § 4 (a), 84 Stat. 1679.
§ 1857c—5. State implementation plans for national primary
and secondary ambient air quality standards—Submission to Ad-
ministrator; time for submission; State procedures; required con-
tents of plans for approval by Administrator; approval of re-
vised plan by Administrator
(a) (1) Each State shall, after reasonable notice and public
hearings, adopt and submit to the Administrator, within nine
months after the promulgation of a national primary ambient air
quality standard (or any revision thereof) under section 1857c—4
of this title for any air pollutant, a plan which provides for imple-
mentation, maintenance, and enforcement of such primary stand- ••
ard in each air quality control region (or portion thereof) within H
such State. In addition, such State shall adopt and submit to the
Administrator (either as a part of a plan submitted under the
preceding sentence or separately) within nine months after the •
promulgation of a national ambient air quality secondary standard •
(or revision thereof), a plan which provides for implementation,
maintenance, and enforcement of such secondary standard in each
air quality control region (or portion thereof) within such State.
Unless a separate public hearing is provided, each State shall
consider its plan implementing such secondary standard at the
hearing required by the first sentence of this paragraph.
(2) The Administrator shall, within four months after the date
required for submission of a plan under paragraph (1), approve
or disapprove such plan or each portion thereof. The Administra-
tor shall approve such plan, or any portion thereof, if he deter-
mines that it was adopted after reasonable notice and hearing and
that—
(A) (i) in the case of a plan implementing a national
primary ambient air quality standard, it provides for the
attainment of such primary standard as expeditiously as _
practicable but (subject to subsection (e) of this section) in •
no case later than three years from the date of approval of ~
such plan (or any revision thereof to take account of a re-
vised primary standard); and (ii) in the case of a plan imple- •
menting a national secondary ambient air quality standard, it
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CLEAN AIR ACT 42 § 1857c—5
specifies a reasonable time at which such secondary standard
will be attained;
(B) it includes emission limitations, schedules, and time-
tables for compliance with such limitations, and such other
measures as may be necessary to insure attainment and main-
tenance of such primary or secondary standard, including,
but not limited to, land-use and transportation controls;
(C) it includes provision for establishment and operation
of appropriate devices, methods, systems, and procedures nec-
essary to (i) monitor, compile, and analyze data on ambient
air quality and, (ii) upon request, make such data available
to the Administrator;
(D) it includes a procedure, meeting the requirements of
paragraph (4), for review (prior to construction or modifica-
tion) of the location of new sources to which a standard of
performance will apply;
(E) it contains adequate provisions for intergovernmental
cooperation, including measures necessary to insure that
emissions of air pollutants from sources located in any air
quality control region will not interfere with the attainment
or maintenance of such primary or secondary standard in any
portion of such region outside of such State or in any other
air quality control region;
(F) it provides (i) necessary assurances that the State will
have adequate personnel, funding, and authority to carry out
such implementation plan, (ii) requirements for installation
of equipment by owners or operators of stationary sources to
monitor emissions from such sources, (iii) for periodic re-
ports on the nature and amounts of such emissions; (iv) that
such reports shall be correlated by the State agency with any
emission limitations or standards established pursuant to this
chapter, which reports shall be available at reasonable time
for public inspection; and (v) for authority comparable to
that in section 1857h—1 of this title, and adequate contin-
gency plans to implement such authority;
(G) it provides, to the extent necessary and practicable, for
periodic inspection and testing of motor vehicles to enforce
compliance with applicable emission standards; and
(H) it provides for revision, after public hearings, of such
plan (i) from time to time as may be necessary to take
account of revisions of such national primary or secondary
ambient air quality standard or the availability of improved
or more expeditious methods of achieving such primary or
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Extension of period for submission of plan implementing national
secondary ambient air quality standard
(b) The Administrator may, wherever he determines necessary,
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secondary standard; or (ii) whenever the Administrator •
finds on the basis of information available to him that the ™
plan is substantially inadequate to achieve the national am-
bient air quality primary or secondary standard which it im-
plements.
(3) The Administrator shall approve any revision of an imple-
mentation plan applicable to an air quality control region if he mm
determines that it meets the requirements of paragraph (2) and •
has been adopted by the State after reasonable notice and public
hearings.
(4) The procedure referred to in paragraph (2) (D) for re- •
view, prior to construction or modification, of the location of new ™
sources shall (A) provide for adequate authority to prevent the
construction or modification of any new source to which a stand-
ard of performance under section 1857c—6 of this title will apply
at any location which the State determines will prevent the attain-
ment or maintenance within any air quality control region (or mm
portion thereof) within such State of a national ambient air qual- •
ity primary or secondary standard, and (B) require that prior to
commencing construction or modification of any such source, the
owner or operator thereof shall submit to such State such infor- •
mation as may be necessary to permit the State to make a determi- •
nation under clause (A).
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extend the period for submission of any plan or portion thereof fljj
which implements a national secondary ambient air quality stand- ||
ard for a period not to exceed 18 months from the date otherwise
required for submission of such plan. mm
Preconditions for preparation and publication by Administrator of proposed ||
regulations setting1 forth an implementation plan; hearings for proposed
regulations; promulgation of regulations by Administrator
(c) The Administrator shall, after consideration of any State
hearing record, promptly prepare and publish proposed regula-
tions setting forth an implementation plan, or portion thereof, for
a State if—
(1) the State fails to submit an implementation plan for
any national ambient air quality primary or secondary stand-
ard within the time prescribed, mm
(2) the plan, or any portion thereof, submitted for such •
State is determined by the Administrator not to be in accord-
ance with the requirements of this section, or
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(3) the State fails, within 60 days after notification by the
Administrator or such longer period as he may prescribe, to
revise an implementation plan as required pursuant to a pro-
vision of its plan referred to in subsection (a) (2) (H) of
this section.
If such State held no public hearing associated with respect to
such plan (or revision thereof), the Administrator shall provide
opportunity for such hearing within such State on any proposed
regulation. The Administrator shall, within six months after the
date required for submission of such plan (or revision thereof),
promulgate any such regulations unless, prior to such promulga-
tion, such State has adopted and submitted a plan (or revision)
which the Administrator determines to be in accordance with the
requirements of this section.
Applicable implementation plan
(d) For purposes of this chapter, an applicable implementation
plan is the implementation plan, or most recent revision thereof,
which has been approved under subsection (a) of this section or
promulgated under subsection (c) of this section and which imple-
ments a national primary or secondary ambient air quality stand-
ard in a State.
Extension of time period for attainment of national primary ambient air
• quality standard in implementation plan; procedure; approval of exten-
sion by Administrator
(e) (1) Upon application of a Governor of a State at the time
• of submission of any plan implementing a national ambient air
quality primary standard, the Administrator may (subject to par-
agraph (2)) extend the three-year period referred to in subsec-
tion (a) (2) (A) (i) of this section for not more than two years
H for an air quality control region if after review of such plan the
•i Administrator determines that—
(A) one or more emission sources (or classes of moving
• sources) are unable to comply with the requirements of such
plan which implement such primary standard because the
necessary technology or other alternatives are not available
• or will not be available soon enough to permit compliance
within such three-year period, and
(B) the State has considered and applied as a part of its
plan reasonably available alternative means of attaining such
H primary standard and has justifiably concluded that attain-
• ment of such primary standard within the three years cannot
be achieved.
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42 § I857c—5 EPA CURRENT LAWS—Am
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(2) The Administrator may grant an extension under para- II
graph (1) only if he determines that the State plan provides for— •§
(A) application of the requirements of the plan which im-
plement such primary standard to all emission sources in such
region other than the sources (or classes) described in para-
graph (1) (A) within the three-year period, and
(B) such interim measures of control of the sources (or ^
classes) described in paragraph (1) (A) as the Administra- H
tor determines to be reasonable under the circumstances.
Postponement of compliance by any stationary source or class of moving:
sources with any requirement of an applicable implementation plan;
application by Governor of affected State; determination by Administra-
tor; notice and opportunity for hearing; judicial review; precedence of
cases; subpenas ••
(f) (1) Prior to the date on which any stationary source or •
class of moving sources is required to comply with any require-
ment of an applicable implementation plan the Governor of the _
State to which such plan applies may apply to the Administrator •
to postpone the applicability of such requirement to such source ™
(or class) for not more than one year. If the Administrator deter-
mines that—
(A) good faith efforts have been made to comply with such
requirement before such date,
(B) such source (or class) is unable to comply with such
requirement because the necessary technology or other alter-
native methods of control are not available or have not been
available for a sufficient period of time,
(C) any available alternative operating procedures and in-
terim control measures have reduced or will reduce the im-
pact of such source on public health, and
(D) the continued operation of such source is essential to II
national security or to the public health or welfare, •§
then the Administrator shall grant a postponement of such re-
quirement.
(2) (A) Any determination under paragraph (1) shall (i) be
made on the record after notice to interested persons and opportu-
nity for hearing, (ii) be based upon a fair evaluation of the entire mm
record at such hearing, and (iii) include a statement setting forth H
in detail the findings and conclusions upon which the determina-
tion is based.
(B) Any determination made pursuant to this paragraph shall H
be subject to judicial review by the United States court of appeals ™
for the circuit which includes such State upon the filing such court
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within 30 days from the date of such decision of a petition by any
interested person praying that the decision be modified or set aside
in whole or in part. A copy of the petition shall forthwith be sent
by registered or certified mail to the Administrator and thereupon
the Administrator shall certify and file in such court the record
upon which the final decision complained of was issued, as pro-
vided in section 2112 of Title 28. Upon the filing of such petition
the court shall have jurisdiction to affirm or set aside the determi-
nation complained of in whole or in part. The findings of the
Administrator with respect to questions of fact (including each
determination made under subparagraphs (A), (B), (C), and (D)
of paragraph (1)) shall be sustained if based upon a fair evalua-
tion of the entire record at such hearing.
(C) Proceedings before the court under this paragraph shall
take precedence over all the other causes of action on the docket
and shall be assigned for hearing and decision at the earliest
practicable date and expedited in every way.
(D) Section 1857h—5 (a) of this title (relating to subpenas)
shall be applicable to any proceeding under this subsection.
July 14, 1955, c. 360, Title I, § 110, as added Dec. 31, 1970, Pub.L.
91-604, § 4(a), 84 Stat. 1680.
§ 1857c—6. Standards of performance for new stationary
sources—Definitions
(a) For purposes of this section:
(1) The term "standard of performance" means a standard
for emissions of air pollutants which reflects the degree of
emission limitation achievable through the application of the
best system of emission reduction which (taking into account
the cost of achieving such reduction) the Administrator de-
termines has been adequately demonstrated.
(2) The term "new source" means any stationary source
the construction or modification of which is commenced after
the publication of regulations (or, if earlier, proposed regula-
tions) prescribing a standard of performance under this sec-
tion which will be applicable to such source.
(3) The term "stationary source" means any building,
structure, facility, or installation which emits or may emit
any air pollutant.
(4) The term "modification" means any physical change in,
or change in the method of operation of, a stationary source
which increases the amount of any air pollutant emitted by
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42 § 1857c—6 EPA CURRENT LAWS—Am
such source or which results in the emission of any air pollu- H
tant not previously emitted.
(5) The term "owner or operator" means any person who
owns, leases, operates, controls, or supervises a stationary
source.
(6) The term "existing source" means any stationary
source other than a new source.
Implementation and enforcement by State; procedure; delegation of authority
of Administrator to State; enforcement power of Administrator unaffected
(c) (1) Each State may develop and submit to the Administra-
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Publication and revision by Administrator of list of categories of stationary
sources; inclusion of category in list; proposal of regulations by Admin-
istrator establishing standards for new sources within category; promul-
gation and revision of standards; differentiation within categories of
new sources; issuance of information on pollution control techniques;
applicability to new sources owned or operated by United States
(b) (1) (A) The Administrator shall, within 90 days after
December 31, 1970, publish (and from time to time thereafter
shall revise) a list of categories of stationary sources. He shall
include a category of sources in such list if he determines it may «
contribute significantly to air pollution which causes or contributes H
to the endangerment of public health or welfare.
(B) Within 120 days after the inclusion of a category of sta-
tionary sources in a list under subparagraph (A), the Administra- H
tor shall publish proposed regulations, establishing Federal stand- •
ards of performance for new sources within such category. The
Administrator shall afford interested persons an opportunity for
written comment on such proposed regulations. After considering
such comments, he shall promulgate, within 90 days after such
publication, such standards with such modification as he deems
appropriate. The Administrator may, from time to time, revise
such standards following the procedure required by this subsec-
tion for promulgation of such standards. Standards of perform-
ance or revisions thereof shall become effective upon promulga-
tion.
(2) The Administrator may distinguish among classes, types,
and sizes within categories of new sources for the purpose of
establishing such standards.
(3) The Administrator shall, from time to time, issue informa-
tion on pollution control techniques for categories of new sources •
and air pollutants subject to the provisions of this section. H
(4) The provisions of this section shall apply to any new source
owned or operated by the United States.
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tor a procedure for implementing and enforcing standards of per-
formance for new sources located in such State. If the Adminis-
trator finds the State procedure is adequate, he shall delegate to
such State any authority he has under this chapter to implement
and enforce such standards (except with respect to new sources
owned or operated by the United States).
(2) Nothing in this subsection shall prohibit the Administrator
from enforcing any applicable standard of performance under this
section.
Emission standards for any existing source for any air pollutant; submission
of State plan to Administrator establishing, implementing and enforcing
standards; authority of Administrator to prescribe State plan; authority
of Administrator to enforce State plan; procedure
(d) (1) The Administrator shall prescribe regulations which
shall establish a procedure similar to that provided by section
1857c—5 of this title under which each State shall submit to the
Administrator a plan which (A) establishes emission standards
for any existing source for any air pollutant (i) for which air
quality criteria have not been issued or which is not included on a
list published under section 1857c—3(a) or 1857c—7(b) (1) (A)
of this title but (ii) to which a standard of performance under
subsection (b) of this section would apply if such existing source
were a new source, and (B) provides for the implementation and
enforcement of such emission standards.
(2) The Administrator shall have the same authority—
(A) to prescribe a plan for a State in cases where the State
fails to submit a satisfactory plan as he would have under
section 1857c—5(c) of this title in the case of failure to
submit an implementation plan, and
(B) to enforce the provisions of such plan in cases where
the State fails to enforce them as he would have under sec-
tions 1857c—8 and 1857c—9 of this title with respect to an
implementation plan.
Prohibited acts
(e) After the effective date of standards of performance pro-
mulgated under this section, it shall be unlawful for any owner or
operator of any new source to operate such source in violation of
any standard of performance applicable to such source.
July 14, 1955, c. 360, Title I, § 111, as added Dec. 31, 1970, Pub.L.
91-604, § 4(a), 84 Stat. 1683 and amended Nov. 18, 1971, Pub.L.
92-157, Title III, § 302(f), 85 Stat. 464.
§ 1857c—7. National emission standards for hazardous air pol-
lutants—Definitions
(a) For purposes of this section—
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42 § I857c—7 EPA CURRENT LAWS—AIR
(1) The term "hazardous air pollutant" means an air pollu-
tant to which no ambient air quality standard is applicable
and which in the judgment of the Administrator may cause,
or contribute to, an increase in mortality or an increase in
serious irreversible, or incapacitating reversible, illness.
(2) The term "new source" means a stationary source the
construction or modification of which is commenced after the
Administrator proposes regulations under this section estab-
lishing an emission standard which will be applicable to such
source.
(3) The term "stationary source", "modification", "owner
or operator" and "existing source" shall have the same mean-
ing as such terms have under section 1857c—6 (a) of this
title.
Publication and revision by Administrator of list of hazardous air pollutants;
inclusion of a:r pollutant in list; proposal of regulations by Administrator
establishing standards for pollutant; establishment of standards; stand-
ards effective upon promulgation; issuance of information on pollution
control techniques
(b) (1) (A) The Administrator shall, within 90 days after
December 31, 1970, publish (and shall from time to time there-
after revise) a list which includes each hazardous air pollutant for
which he intends to establish an emission standard under this
section.
(B) Within 180 days after the inclusion of any air pollutant in
such list, the Administrator shall publish proposed regulations
establishing emission standards for such pollutant together with a
notice of a public hearing within thirty days. Not later than 180
days after such publication, the Administrator shall prescribe an
emission standards for such pollutant, unless he finds, on the basis
of information presented at such hearings, that such pollutant
clearly is not a hazardous air pollutant. The Administrator shall
establish any such standard at the level which in his judgment
provides an ample margin of safety to protect the public health
from such hazardous air pollutant.
(C) Any emission standard established pursuant to this section
shall become effective upon promulgation.
(2) The Administrator shall, from time to time, issue informa-
tion on pollution control techniques for air pollutants subject to
the provisions of this section.
Prohibited acts; exemption by President for any stationary source;
duration and extension of exemption; report to Congress
(c) (1) After the effective date of any emission standard under
this section—
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(A) no person may construct any new source or modify
any existing source which, in the Administrator's judgment,
will emit an air pollutant to which such standard applies
unless the Administrator finds that such source if properly
operated will not cause emissions in violation of such stand-
ard, and
(B) no air pollutant to which such standard applies may be
emitted from any stationary source in violation of such stand-
ard, except that in the case of an existing source—
(i) such standard shall not apply until 90 days after
its effective date, and
(ii) the Administrator may grant a waiver permitting
such source a period of up to two years after the effective
date of a standard to comply with the standard, if he
finds that such period is necessary for the installation of
controls and that steps will be taken during the period of
the wavier to assure that the health of persons will be
protected from imminent endangerment.
(2) The President may exempt any stationary source from com-
pliance with paragraph (1) for a period of not more than two
years if he finds that the technology to implement such standards
is not available and the operation of such source is required for
reasons of national security. An exemption under this paragraph
may be extended for one or more additional periods, each period
not to exceed two years. The President shall make a report to
Congress with respect to each exemption (or extension thereof)
made under this paragraph.
Implementation and enforcement by State of standards for stationary sources;
procedure; delegation of authority of Administrator to State; enforce-
ment power of Administrator unaffected
(d) (1) Each State may develop and submit to the Administra-
tor a procedure for implementing and enforcing emission stand-
ards for hazardous air pollutants for stationary sources located in
such State. If the Administrator finds the State procedure is ade-
quate, he shall delegate to such State any authority he has under
this chapter to implement and enforce such standards (except
with respect to stationary sources owned or operated by the
United States).
(2) Nothing in this subsection shall prohibit the Administrator
from enforcing any applicable emission standard under this sec-
tion.
July 14, 1955, c. 360, Title I, § 112, as added Dec. 31, 1970, Pub.L.
91-604, § 4(a), 84 Stat. 1685.
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42 § I857c—8 EPA CURRENT LAWS—AIR
§ 1857c—8. Federal enforcement procedures—Determination of
violation of applicable implementation plan or standard; notifica-
tion of violator; issuance of compliance order or initiation of
civil action upon failure to correct; effect of compliance order;
contents of compliance order
(a) (1) Whenever, on the basis of any information available to
him, the Administrator finds that any person is in violation of any _
requirement of an applicable implementation plan, the Adminis- •
trator shall notify the person in violation of the plan and the State
in which the plan applies of such finding. If such violation extends
beyond the 30th day after the date of the Administrator's notifica- •
tion, the Administrator may issue an order requiring such person •
to comply with the requirements of such plan or he may bring a
civil action in accordance with subsection (b) of this section. ••
(2) Whenever, on the basis of information available to him, the •
Administrator finds that violations of an applicable implementa-
tion plan are so widespread that such violations appear to result
from a failure of the State in which the plan applies to enforce the
plan effectively, he shall so notify the State. If the Administrator
finds such failure extends beyond the 30th day after such notice, _
he shall give public notice of such finding. During the period •
beginning with such public notice and ending when such State ™
satisfies the Administrator that it will enforce such plan (hereafter
referred to in this section as "period of federally assumed enforce- •
ment"), the Administrator may enforce any requirement of such •
plan with respect to any person—
(A) by issuing an order to comply with such requirement,
or
(B) by bringing a civil action under subsection (b) of this
section.
(3) Whenever, on the basis of any information available to him,
the Administrator finds that any person is in violation of section
1857c—6(e) of this title (relating to new source performance _
standards) or section 1857c—7(c) of this title (relating to stand- •
ards for hazardous emissions), or is in violation of any require- ™
ment of section 1857c—9 of this title (relating to inspections,
etc.), he may issue an order requiring such person to comply with •
such section or requirement, or he may bring a civil action in •
accordance with subsection (b) of this section.
(4) An order issued under this subsection (other than an order •
relating to a violation of section 1857c—7 of this title) shall not ||
take effect until the person to whom it is issued has had an oppor-
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tunity to confer with the Administrator concerning the alleged
violation. A copy of any order issued under this subsection shall
be sent to the State air pollution control agency of any State in
which the violation occurs. Any order issued under this subsection
shall state with reasonable specificity the nature of the violation,
specify a time for compliance which the Administrator determines
is reasonable, taking into account the seriousness of the violation
and any good faith efforts to comply with applicable requirements.
In any case in which an order under this subsection (or notice to a
violator under paragraph (1)) is issued to a corporation, a copy of
such order (or notice) shall be issued to appropriate corporate
officers.
Civil action for appropriate relief; jurisdiction; venue;
notice to appropriate State agency
(b) The Administrator may commence a civil action for appro-
priate relief, including a permanent or temporary injunction,
whenever any person—
(1) violates or fails or refuses to comply with any order
issued under subsection (a) of this section; or
(2) violates any requirements of an applicable implementa-
tion plan (A) during any period of Federally assumed en-
forcement, or (B) more than 30 days after having been noti-
fied by the Administrator under subsection (a) (1) of this
section of a finding that such person is violating such require-
ment ; or
(3) violates section 1857c—6(e) or section 1857c—7(c) of
this title; or
(4) fails or refuses to comply with any requirement of
section 1857c—9 of this title.
Any action under this subsection may be brought in the district
court of the United States for the district in which the defendant
is located or resides or is doing business, and such court shall have
jurisdiction to restrain such violation and to require compliance.
Notice of the commencement of such action shall be given to the
appropriate State air pollution control agency.
Penalties
(c) (1) Any person who knowingly—
(A) violates any requirement of an applicable implementa-
tion plan (i) during any period of Federally assumed enforce-
ment, or (ii) more than 30 days after having been notified by
the Administrator under subsection (a) (1) of this section
that such person is violating such requirement, or
(B) violates or fails or refuses to comply with any order
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42 § 1857c—8 EPA CURRENT LAWS—AIR
issued by the Administrator under subsection (a) of this sec- •
tion, or " ™
(C) violates section 1857c—6(e) or section 1857c—7(c) of
this title, •
shall be punished by a fine of not more than $25,000 per day of H
violation, or by imprisonment for not more than one year, or by
both. If the conviction is for a violation committed after the first
conviction of such person under this paragraph, punishment shall
be by a fine of not more than $50,000 per day of violation, or by
imprisonment for not more than two years, or by both. _
(2) Any person who knowingly makes any false statement, rep- H
resentation, or certification in any application, record, report,
plan, or other document filed or required to be maintained under
this chapter or who falsifies, tampers with, or knowingly renders H
inaccurate any monitoring device or method required to be main- Hi
tained under this chapter, shall upon conviction, be punished by a
fine of not more than $10,000, or by imprisonment for not more
than six months, or by both.
July 14, 1955, c. 360, Title I, § 113, as added Dec. 31, 1970, Pub.L.
91-604, § 4(a), 84 Stat. 1686, and amended Nov. 18, 1971, Pub.L.
92-157, Title III, § 302(b)(c), 85 Stat. 464.
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§ 1857c—9. Recordkeeping, inspections, monitoring, and en-
try—Authority of Administrator or authorized representative
(a) For the purpose (i) of developing or assisting in the devel-
opment of any implementation plan under section 1857c—5 or .
section 1857c—6(d) of this title any standard of performance
under section 1857c—6 of this title, or any emission standard
under"section 1857c—7 of this title, (ii) of determining whether
any person is in violation of any such standard or any require-
ment of such a plan, or (iii) carrying out section 1857h—1 of this •
title— •
(1) the Administrator may require the owner or operator
of any emission source to (A) establish and maintain such •
records, (B) make such reports, (C) install, use, and main- H
tain such monitoring equipment or methods, (D) sample such
emissions (in accordance with such methods, at such loca-
tions, at such intervals, and in such manner as the Adminis-
trator shall prescribe), and (E) provide such other informa-
tion as he may reasonably require; and —
(2) the Administrator or his authorized representative, •
upon presentation of his credentials— ™
(A) shall have a right of entry to, upon, or through
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CLEAN AIR ACT 42 § 1857c—9
any premises in which an emission source is located or in
which any records required to be maintained under para-
graph (1) of this section are located, and
(B) may at reasonable times have access to and copy
any records, inspect any monitoring equipment or
method required under paragraph (1), and sample any
emissions which the owner or operator of such source is
required to sample under paragraph (1).
Enforcement procedure by State; delegation of authority of Administrator
to State; power of Administrator unaffected
(b) (1) Each State may develop and submit to the Administra-
tor a procedure for carrying out this section in such State. If the
Administrator finds the State procedure is adequate, he may dele-
gate to such State any authority he has to carry out this section
(except with respect to new sources owned or operated by the
United States).
(2) Nothing in this subsection shall prohibit the Administrator
from carrying out this section in a State.
Availability of records, reports, and information to public;
disclosure of trade secrets
(c) Any records, reports or information obtained under subsec-
tion (a) of this section shall be available to the public, except that
upon a showing satisfactory to the Administrator by any person
that records, reports, or information, or particular part thereof,
(other than emission data) to which the Administrator has access
under this section if made public, would divulge methods or proc-
esses entitled to protection as trade secrets of such person, the
Administrator shall consider such record, report, or information
or particular portion thereof confidential in accordance with the
purposes of section 1905 of Title 18, except that such record,
report, or information may be disclosed to other officers, employ-
ees, or authorized representatives of the United States concerned
with carrying out this chapter or when revelant in any proceeding
under this chapter.
July 14, 1955, c. 360, Title I, § 114, as added Dec. 31, 1970, Pub.L.
91-604, § 4 (a), 84 Stat. 1687.
§ 1857d. Abatement of air pollution by means of conference
procedure—Air pollution subject to abatement
(a) The pollution of the air in any State or States which endan-
gers the health or welfare of any persons and which is covered by
subsection (b) or (c) of this section, shall be subject to abatement
as provided in this section.
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42 § 1857d EPA CURRENT LAWS—AIR
Conferences of air pollution agencies
(b) (1) Whenever requested by the Governor of any State, a
Sate air pollution control agency, or (with the concurrence of the
Governor and the State air pollution control agency for the State
in which the municipality is situated) the governing body of any
municipality, the Administrator shall, if such request refers to air
pollution which is alleged to endanger the health or welfare of
persons in a State other than that in which the discharge or
discharges (causing or contributing to such pollution) originate,
give formal notification thereof to the air pollution control agency
of the muncipality where such discharge or discharges originate,
to the air pollution control agency of the State in which such
municipality is located, and to the interstate air pollution control
agency, if any, in whose jurisdictional area such municipality is
located, and shall call promptly a conference of such agency or
agencies and of the air pollution control agencies of the municipal-
ities which may be adversely affected by such pollution, and the
air pollution control agency, if any, of each State, or for each area,
in which any such municipality is located.
(2) Whenever requested by the Governor of any State, a State
air pollution control agency, or (with the concurrence of the Gov-
ernor and the State air pollution control agency for the State in
which the municipality is situated) the governing body of any mu-
nicipality, the Administrator shall, if such request refers to al-
leged air pollution which is endangering the health or welfare of
persons only in the State in which the discharge or discharges
(causing or contributing to such pollution) originate and if a
municipality affected by such air pollution, or the municipality in •
which such pollution originates, has either made or concurred in |B
such request, give formal notification thereof to the State air pol-
lution control agency, to the air pollution control agencies of the
municipality where such discharge or discharges originate, and of
the municipality or municipalities alleged to be adversely affected
thereby, and to any interstate air pollution control agency, whose
•jurisdictional area includes any such municipality and shall
promptly call a conference of such agency or agencies, unless in
the judgment of the Administrator, the effect of such pollution is
not of such significance as to warrant exercise of Federal jurisdic-
tion under this section.
(3) The Administrator may, after consultation with State
officials of all affected States, 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) of this
section is occurring and is endangering the health and welfare of
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CLEAN Am ACT 42 § 1857d
persons in a State other than that in which the discharge or
discharges originate. The Administrator shall invite the coopera-
tion of any municipal, State, or interstate air pollution control
agencies having jurisdiction in the affected area on any surveys
or studies forming the basis of conference action.
(4) A conference may not be called under this subsection with
respect to an air pollutant for which (at the time the conference is
called) a national primary or secondary ambient air quality stand-
ard is in effect under section 1857c—4 of this title.
Participation of foreign countries in conferences
|(c) Whenever the Administrator, upon receipt of reports, sur-
veys, or studies from any duly constituted international agency,
has reason to believe that any pollution referred to in subsection
(a) of this section which endangers the health or welfare or
persons in a foreign country is occurring, or whenever the Secre-
tary of State requests him to do so with respect to such pollution
• which the Secretary of State alleges is of such a nature, the
Administrator shall give formal notification thereof to the air
pollution control agency of the municipality where such discharge
or discharges originate, to the air pollution control agency of the
• State in which such municipality is located, and to the interstate
air pollution control agency, if any, in the jurisdictional area of
which such municipality is located, and shall call promptly a con-
• ference of such agency or agencies. The Administrator shall invite
the foreign country which may be adversely affected by the pollu-
tion to attend and participate in the conference, and the represent-
ative 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 air pollution control agency. This subsection
shall apply only to a foreign country which the Administrator
• determines has given the United States essentially the same right
with respect to the prevention or control of air pollution occurring
in that country as is given that country by this subsection.
Attendance at conference; Federal report of matters before conference; noti-
fication of date of conference; presentation of views; transcript of pro-
ceedings; summary
(d) (1) The agencies called to attend any conference under this
section may bring such persons as they desire to the conference.
The Administrator shall deliver to such agencies and make availa-
ble to other interested parties, at least thirty days prior to any
such conference, a Federal report with respect to the matters
before the conference, including data and conclusions or findings
(if any) ; and shall give at least thirty days' prior notice of the
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42 § 1857d EPA CURRENT LAWS—AIR
conference date to any such agency, and to the public by publica-
tion on at least three different days in a newspaper or newspapers
of general circulation in the area. The chairman of the conference
shall give interested parties an opportunity to present their views
to the conference with resp :ct to such Federal report, conclusions
or findings (if any), and other pertinent information. The Admin-
istrator shall provide that a transcript be maintained of the pro-
ceedings of the conference and that a copy of such transcript be
made available on request of any participant in the conference at
the expense of such participant.
(2) Following this conference, the Administrator shall prepare ••
and foward 1 to all air pollution control agencies attending the II
conference a summary of conference discussions including (A)
occurrence of air pollution subject to abatement under this sub- -mm
chapter; (B) adequacy of measures taken toward abatement of •
the pollution; and (C) nature of delays, if any, being encountered ^^
in abating the pollution.
Recommendations of Administrator for remedial action by agencies;
commencement of recommended action
(e) If the Administrator believes, upon the conclusion of the
conference or thereafter, that effective progress toward abatement
of such pollution is not being made and that the health or welfare
of any persons is being endangered, he shall recommend to the
appropriate State, interstate, or municipal air pollution control
agency (or to all such agencies) that the necessary remedial ac-
tion be taken. The Administrator shall allow at least six months
from the date he makes such recommendations for the taking of
such recommended action. fl|
Hearings for failure to abate pollution; board members;
findings and recommendations
(f) (1) If, at the conclusion of the period so allowed, such |B
remedial action or other action which in the judgment of the mi
Administrator is reasonably calculated to secure abatement of
such pollution has not been taken, the Administrator shall call a mm
public hearing, to be held in or near one or more of the places •
where the discharge or discharges causing or contributing to such
pollution originated, before a hearing board of five or more per-
sons appointed by the Administrator. 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 such hearing
board and each Federal department, agency, or instrumentality
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CLEAN AIR ACT 42 § 1857d
having a substantial interest in the subject matter as determined
by the Administrator shall be given an opportunity to select one
member of such hearing board, and one member shall be a repre-
sentative of the appropriate interstate air pollution agency if one
exists, and not less than a majority of such hearing board shall be
persons other than officers or employees of the Environmental
Protection Agency. At least three weeks' prior notice of such
hearing shall be given to the State, interstate, and municipal air
pollution control agencies called to attend such hearing and to the
alleged polluter or polluters. All interested parties shall be given a
reasonable opportunity to present evidence to such hearing board.
(2) On the basis of evidence presented at such hearing, the
hearing board shall make findings as to whether pollution referred
to in subsection (a) of this section is occurring and whether
effective progress toward abatement thereof is being made. If the
hearing board finds such pollution is occurring and effective prog-
ress toward abatement thereof is not being made it shall make
• recommendations to the Administrator concerning the measures,
if any, which it finds to be reasonable and suitable to secure
abatement of such pollution.
(3) The Administrator shall send such findings and recommen-
dations to the person or persons discharging any matter causing
or contributing to such pollution; to air pollution control agencies
of the State or States and of the municipality or municipalities
where such discharge or discharges originate; and to any inter-
state air pollution control agency whose jurisdictional area in-
cludes any such municipality, together with a notice specifying a
reasonable time (not less than six months) to secure abatement of
such pollution.
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Judicial proceedings to secure abatement of pollution
(g) If action reasonably calculated to secure abatement of the
pollution within the time specified in the notice following the pub-
lic hearing is not taken, the Administrator—
(1) in the case of pollution of air which is endangering the
health or welfare of persons (A) in a State other than that in
which the discharge or discharges (causing or contributing to
such pollution) originate, or (B) in a foreign country which
has participated in a conference called under subsection (c)
of this section and in all proceedings under this section result-
ing from such conference, may request the Attorney General
to bring a suit on behalf of the United States in the appropri-
ate United States district court to secure abatement of the
pollution.
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42 § 1857d EPA CURRENT LAWS—AIR
(2) in the case of pollution of air which is endangering the
health or welfare of persons only in the State in which the
discharge or discharges (causing or contributing to such pol-
lution) originate, at the request of the Governor of such
State, shall provide such technical and other assistance as in
his judgment is necessary to assist the State in judicial pro-
ceedings to secure abatement of the pollution under State or
local law or, at the request of the Governor of such State, II
shall request the Attorney General to bring suit on behalf of •§
the United States in the appropriate United States district
court to secure abatement of the pollution. ••
Federal court proceedings; evidence; jurisdiction of court IB
(h) The court shall receive in evidence in any suit brought in a
United States court under subsection (g) of this section a tran-
script of the proceedings before the board and a copy of the
board's recommendations and shall receive such further evidence
as the court in its discretion deems proper. The court, giving due
consideration to the practicability of complying with such stand-
ards as may be applicable and to the physical and economic feasi-
bility of securing 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.
Compensation and travel expenses for members of hearing board
(i) Members of any hearing board appointed pursuant to
subsection (f) of this section 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 entitled to receive compensation at a rate
fixed by the Administrator, but not exceeding $100 per diem, in-
eluding 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 (section 5703
of Title 5) for persons in the Government service employed inter- H
mittently.
Furnishing of data to Administrator by polluter; reports; failure to
make required report; forfeitures
(j) (1) In connection with any conference called under this
section, the Administrator is authorized to require any person
whose activities result in the emission of air pollutants causing or fl|
contributing to air pollution to file with him, in such form as he ||
may prescribe, a report, based on existing data, furnishing to the
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CLEAN AIR ACT 42 § 1857d
Administrator such information as may reasonably be required as
to the character, kind, and quantity of pollutants discharged and
the use of devices or other means to prevent or reduce the emis-
sion of pollutants by the person filing such a report. After a
conference has been held with respect to any such pollution the
Administrator shall require such reports from the person whose
activities result in such pollution only to the extent recommended
by such conference. Such report shall be made under oath or
otherwise, as the Administrator may prescribe, and shall be filed
with the Administrator within such reasonable period as the Ad-
ministrator may prescribe, unless additional time be granted by
the Administrator. 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.
(2) If any person required to file any report under this subsec-
tion shall fail to do so within the time fixed by the Administrator
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 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: Provided, That the Administrator may upon application
therefor remit or mitigate any forfeiture 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.
Compliance with any requirement of an applicable implementation
plan or prescribed standard
(k) No order or judgment under this section, or settlement,
compromise, or agreement respecting any action under this section
(whether or not entered or made before December 31, 1970) shall
relieve any person of any obligation to comply with any require-
ment of an applicable implementation plan, or with any standard
prescribed under section 1857c—6 or section 1857c—7 of this title.
July 14, 1955, c. 360, Title I, § 115, formerly § 5, as added Dec. 17,
1963, Pub.L. 88-206, § 1, 77 Stat. 396, renumbered § 105, and
amended Oct. 20, 1965, Pub.L. 89-272, Title I, §§ 101(2), (3),
102, 79 Stat. 992, 995, renumbered § 108, and amended Nov. 21
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42 § 1857d EPA CURRENT LAWS—AIR
•
1967, Pub.L. 90-148, § 2, 81 Stat. 491, renumbered § 115, and
amended Dec. 31, 1970, Pub.L. 91-604, §§ 4(a), (b) (2)-(10),
15 (c) (2), 84 Stat. 1678,1688,1689, 1713.
§ 1857d—1. Retention of State authority
Except as otherwise provided in sections 1857f—6a, 1867f—
6c(c) (4), and 1857f—11 of this title (preempting certain State
regulation of moving sources) nothing in this chapter shall pre-
elude or deny the right of any State or political subdivision
thereof to adopt or enforce (1) any standard or limitation respect-
ing emissions of air pollutants or (2) any requirement respecting
control or abatement of air pollution; except that if an emission
standard or limitation is in effect under an applicable implementa-
tion plan or under section 1857c—6 or section 1857c—7 of this
title, such State or political subdivision may not adopt or enforce
any emission standard or limitation which is less stringent than
the standard or limitation under such plan or section.
July 14, 1955, c. 360, Title I, § 116, formerly § 109 as added Nov.
21, 1967, Pub.L. 90-148, § 2, 81 Stat. 497, renumbered and
amended Dec. 31, 1970, Pub.L. 91-604, § 4(a), (c), 84 Stat. 1678,
1689.
§ 1857e. Air Quality Advisory Board; advisory committees—Es-
tablishment of Board; membership; appointment; term
(a) (1) There is hereby established in the Environmental Pro-
tection Agency an Air Quality Advisory Board, composed of the
Administrator or his designee, who shall be Chairman, and fifteen
members appointed by the President, none of whom shall be Fed-
eral officers or employees. The appointed members, having due
regard for the purposes of this chapter, shall be selected from
among representatives of various State, interstate, and local gov-
ernmental agencies, of public or private interests contributing to,
affected by, or concerned with air pollution, and of other public
and private agencies, organizations, or groups demonstrating an
active interest in the field of air pollution prevention and control,
as well as other individuals who are expert in this field.
(2) Each member appointed by the President shall hold office
for a term of three years, except that (A) 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 (B) the terms of office of the mem-
bers first taking office pursuant to this subsection shall expire as |B
follows: five at the end of one year after the date of appointment, •§
five at the end of two years after such date, and five at the end of
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three years after such date, as designated by the President at the
time of appointment, and (C) 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 shall be
eligible for reappointment within one year after the end of his
preceding term, unless such term was for less than three years.
Duties of Board
(b) The Board shall advise and consult with the Administrator
on matters of policy relating to the activities and functions of the
Administrator under this chapter and make such recommenda-
tions as it deems necessary to the President.
Clerical and technical assistance
(c) Such clerical and technical assistance as may be necessary
to discharge the duties of the Board and such other advisory
committees as hereinafter authorized shall be provided from the
personnel of the Environmental Protection Agency.
Advisory committees
(d) In order to obtain assistance in the development and imple-
mentation of the purposes of this chapter including air quality
criteria, recommended control techniques, standards, research and
development, and to encourage the continued efforts on the part of
industry to improve air quality and to develop economically feasi-
ble methods for the control and abatement of air pollution, the
Administrator shall from time to time establish advisory commit-
tees. Committee members shall include, but not be limited to, per-
sons who are knowledgeable concerning air quality from the
standpoint of health, welfare, ecomonics, or technology.
Compensation; travel expenses
(e) The members of the Board and other advisory committees
appointed pursuant to this chapter who are not officers or employ-
ees of the United States while attending conferences or meetings
of the Board or while otherwise serving at the request of the
Administrator, shall be entitled to receive compensation at a rate
to be fixed by the Administrator, but not exceeding $100 per diem,
including traveltime, 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 section 5703 of
Title 5 for persons in the Government service employed intermit-
tently.
Consultation by Administrator
(f) Prior to—
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42 § 1857e EPA CURRENT LAWS—AIR
(1) issuing criteria for an air pollutant under section
1857c—3 (a) (2) of this title,
(2) publishing any list under section 1857c—6(b) (1) (A)
or section 1857c—7(b) (1) (A) of this title,
(3) publishing any standard under section 1857c—6(b)
(1) (B) or section 1857c—7(b) (1) (B) of this title, or
(4) publishing any regulation under section 1857f—l(a)
of this title,
the Administrator shall, to the maximum extent practicable within
the time provided, consult with appropriate advisory committees,
independent experts, and Federal departments and agencies.
July 14,1955, c. 360, Title I, § 117, formerly § 6, as added Dec. 17,
1963, Pub.L. 88-206, § 1 (77 Stat. 399, renumbered § 106, Oct. 20,
1965, Pub.L. 89-272, Title I, § 101(3), 79 Stat. 992, renumbered § —
110, and amended Nov. 21, 1967, Pub.L. 90-148, § 2, 81 Stat. 498, •
renumbered, § 117, and amended Dec. 31, 1970, Pub. L. 91-604, §§ ™
4(a), (d), 15(c) (2), 84 Stat. 1678,1689,1713.
§ 1857f. Control and abatement of air pollution from Federal •
facilities: compliance of Federal departments, etc., with Federal,
State, interstate, and local requirements; exemption by President
of any emission source from any executive branch department,
etc.; report to Congress
Each department, agency, and instrumentality of the executive,
legislative, and judicial branches of the Federal Government (1)
having jurisdiction over any property or facility, or (2) engaged
in any activity resulting, or which may result, in the discharge of
air pollutants, shall comply with Federal, State, interstate, and
local requirements respecting control and abatement of air pollu-
tion to the same extent that any person is subject to such require-
ments. The President may exempt any emission source of any
department, agency, or instrumentality in the executive branch
from compliance with such a requirement if he determines it to be
in the paramount interest of the United States to do so, except
that no exemption may be granted from section 1857c—6 of this
title, and an exemption from section 1857c—7 of this title may be
granted only in accordance with 1857c—7(c) of this title. No
such exemption shall be granted due to lack of appropriation un-
less the President shall have specifically requested such appropria-
tion as a part of the budgetary process and the Congress shall
have failed to make available such requested appropriation. Any
exemption shall be for a period not in excess of one year, but
additional exemptions may be granted for periods of not to exceed
one year upon the President's making a new determination. The
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President shall report each January to the Congress all exemp-
tions from the requirements of this section granted during the
preceding calendar year, together with his reason for granting
each such exemption.
July 14, 1955, c. 360, Title I, § 118, formerly § 7, as added Dec. 17,
1963, Pub.L. 88-206, § 1, 77 Stat. 399, renumbered § 107, Oct. 20,
1965, Pub.L. 89-272, Title I, § 101(3), 79 Stat. 992, renumbered
§ 111, and amended Nov. 21,1967, Pub. L. 90-148, § 2, 81 Stat. 499,
renumbered § 118, and amended Dec. 31, 1970, Pub.L. 91-604 §§
4(a), 5, 84 Stat. 1678, 1689.
SUBCHAPTER II.—EMISSION STANDARDS FOR MOVING SOURCES
Part A.—Motor Vehicle Emission and Fuel Standards
§ 1857f—1. Establishment of standards—Air pollutant emis-
sions
(a) Except as otherwise provided in subsection (b) of this
section—
(1) The Administrator shall by regulation prescribe (and
from time to time revise) in accordance with the provisions
of this section, standards applicable to the emission of any air
pollutant from any class or classes of new motor vehicles or
new motor vehicle engines, which in his judgment causes or
contributes to, or is likely to cause or to contribute to, air
pollution which endangers the public health or welfare. Such
standards shall be applicable to such vehicles and engines for
their useful life (as determined under subsection (d) of this
section), whether such vehicles and engines are designed as
complete systems or incorporated devices to prevent or con-
trol such pollution.
(2) Any regulation prescribed under this subsection (and
any revision thereof) shall take effect after such period as the
Administrator finds necessary to permit the development and
application of the requisite technology, giving appropriate
consideration to the cost of compliance within such period.
Model year 1975, reduction requirement; model year 1976, reduction require-
ment; promulgation; report to Congress; suspension of standards; in-
terim standards
(b) (1) (A) The regulations under subsection (a) of this sec-
tion applicable to emissions of carbon monoxide and hydrocarbons
from light duty vehicles and engines manufactured during or after
model year 1975 shall contain standards which require a reduction
of at least 90 per centum from emissions of carbon monoxide and
hydrocarbons allowable under the standards under this section
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applicable to light duty vehicles and engines manufactured in •
model year 1970. . ^
(B) The regulations under subsection (a) of this section appli-
cable to emissions of oxides of nitrogen from light duty vehicles H
and engines manufactured during or after model year 1976 shall m§
contain standards which require a reduction of at least 90 per
centum from the average of emissions of oxides of nitrogen ac-
tually measured from light duty vehicles manufactured during
model year 1971 which are not subject to any Federal or State
emission standard for oxides of nitrogen. Such average of emis-
sions shall be determined by the Administrator on the basis of
measurements made by him.
(2) Emission standards under paragraph (1), and measure-
ment techniques on which such standards are based (if not pro-
mulgated prior to December 31, 1970), shall be prescribed by
regulation within 180 days after such date.
(3) For purposes of this part—
(A) (i) The term "model year" with reference to any
specific calendar year means the manufacturer's annual pro-
duction period (as determined by the Administrator) which M|
includes January 1 of such calendar year. If the manufac- •
turer has no annual production period, the term "model year"
shall mean the calendar year.
(ii) For the purpose of assuring that vehicles and engines
manufactured before the beginning of a model year were not
manufactured for purposes of circumventing the effective
date of a standard required to be prescribed by subsection
(b) of this section, the Administrator may prescribe regula-
tions defining "model year" otherwise than as provided in
clause (i). ^
(B) The term "light duty vehicles and engines" means new •
light duty motor vehicles and new light duty motor vehicle
engines, as determined under regulations of the Administra-
tor. •
(4) On July 1, of 1971, and of each year thereafter, the Admin- ™
istrator shall report to the Congress with respect to the develop-
ment of systems necessary to implement the emission standards
established pursuant to this section. Such reports shall include
information regarding the continuing effects of such air pollutants
subject to standards under this section on the public health and
welfare, the extent and progress of efforts being made to develop
the necessary systems, the costs associated with development and
application of such systems, and following such hearings as he
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CLEAN AIR ACT 42 § 1857f—1
• may deem advisable, any recommendations for additional con-
. gressional action necessary, to achieve the purposes of this chap-
ter. In gathering information for the purposes of this paragraph
• and in connection with any hearing, the provisions of section
H 1875c—5 (a) of this title (relating to subpenas) shall apply.
(5) (A) At any time after January 1, 1972, any manufacturer
• may file with the Administrator an application requesting the
suspension for one year only of the effective date of any emission
standard required by paragraph (1) (A) with respect to such
• manufacturer. The Administrator shall make his determination
with respect to any such application within 60 days. If he deter-
mines, in accordance with the provisions of this subsection, that
such suspension should be granted, he shall simultaneously with
• such determination prescribe by regulation interim emission
standards which shall apply (in lieu of the standards required to
be prescribed by paragraph (1) (A)) to emissions of carbon
I monoxide or hydrocarbons (or both) from such vehicles and en-
gines manufactured during model year 1975.
(B) At any time after January 1, 1973, any manufacturer may
• file with the Administrator an application requesting the suspen-
sion for one year only of the effective date of any emission stand-
ard required by paragraph (1) (B) with respect to such manufac-
turer. The Administrator shall make his determination with res-
• pect to any such application within 60 days. If he determines, in
accordance with the provisions of this subsection, that such sus-
pension should be granted, he shall simultaneously with such de-
• termination prescribe by regulation interim emission standards
which shall apply (in lieu of the standards required to be pre-
scribed by paragraph (1) (B)) to emissions of oxides of nitrogen
— from such vehicles and engines manufactured during model year
• 1976.
(C) Any interim standards prescribed under this paragraph
shall reflects the greatest degree of emission control which is
II achievable by application of technology which the Administrator
V determines is available, giving appropriate consideration to the
cost of applying such technology within the period of time availa-
• ble to manufacturers.
(D) Within 60 days after receipt of the application for any
such suspension, and after public hearing, the Administrator shall
• issue a decision granting or refusing such suspension. The Admin-
istrator shall grant such suspension only if he determines that (i)
such suspension is essential to the public interest or the public
health and welfare of the United States, (ii) all good faith efforts
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42 § 1857f—1 EPA CURRENT LAWS—AIR
have been made to meet the standards established by this subsec- •
tion, (iii) the applicant has established that effective control tech- . ^
nology, processes, operating methods, or other alternatives are not
available or have not been available for a sufficient period of time
to achieve compliance prior to the effective date of such standards,
and (iv) the study and investigation of the National Academy of
Sciences conducted pursuant to subsection (c) of this section and mm
other information available to him has not indicated that technol- H
ogy> processes, or other alternatives are available to meet such
standards. ^
(E) Nothing in this paragraph shall extend the effective date of •
any emission standard required to be prescribed under this subsec-
tion for more than one year.
Feasibility study and investigation by National Academy of Sciences; re- II
ports to Administrator and Congress; availability of information
(c) (1) The Administrator shall undertake to enter into appro- ^
priate arrangements with the National Academy of Sciences to •
conduct a comprehensive study and investigation of the technolog- ™
ical feasibility of meeting the emissions standards required to be
prescribed by the Administrator by subsection (b) of this section. ft
(2) Of the funds authorized to be appropriated to the Adminis- ft
trator by this chapter, such amounts as are required shall be
available to carry out the study and investigation authorized by
paragraph (1) of this subsection.
(3) In entering into any arrangement with the National Acad-
emy of Sciences for conducting the study and investigation au- ••
thorized by paragraph (1) of this subsection, the Administrator wM
shall request the National Academy of Sciences to submit semian-
nual reports on the progress of its study and investigation to the
Administrator and the Congress, beginning not later than July 1,
1971, and continuing until such study and investigation is com-
pleted.
(4) The Administrator shall furnish to such Academy at its ft
request any information which the Academy deems necessary for ft
the purpose of conducting the investigation and study author-
ized by paragraph (1) of this subsection. For the purpose of ft
furnishing such information, the Administrator may use any au- ft
thority he has under this chapter (A) to obtain information from
any person, and (B) to require such person to conduct such tests, mm
keep such records, and make such reports respecting research or ft
other activities conducted by such person as may be reasonably
necessary to carry out this subsection.
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CLEAN AIR ACT 42 § 1857f—1
Useful life of vehicles
(d) The Administrator shall prescribe regulations under which
the useful life of vehicles and engines shall be determined for
purposes of subsection (a)(l) of this section and section 1857f—
5a of this title. Such regulations shall provide that useful life
shall—
(1) in the case of light duty vehicles and light duty vehicle
engines, be a period of use of five years or of fifty thousand
miles (or the equivalent), whichever first occurs; and
(2) in the case of any other motor vehicle or motor vehicle
engine, be a period of use set forth in paragraph (1) unless
the Administrator determines that a period of use of greater
duration or mileage is appropriate.
New power sources or propulsion systems
(e) In the event a new power source or propulsion system for
new motor vehicles or new motor vehicle engines is submitted for
certification pursuant to section 1857f—5(a) of this title, the Ad-
ministrator may postpone certification until he has prescribed
standards for any air pollutants emitted by such vehicle or engine
which cause or contribute to, or are likely to cause or contribute
to, air pollution which endangers the public health or welfare but
for which standards have not been prescribed under subsection
(a) of this section.
July 14, 1955, c. 360, Title II, § 202, as added Oct. 20, 1965, Pub.
L. 89-272, Title I, § 101(8), 79 Stat. 992, and amended Nov. 21,
1967, Pub.L.90-148 § 2, 81 Stat. 499, amended Dec. 31, 1970,
Pub.L. 91-604, § 6(a), 84 Stat. 1690.
§ 1857f—2. Prohibited acts—Manufacture, sale, or importation
of vehicles or engines not in conformity with regulations; failure
to make reports or provide information; removal of devices in-
stalled in conformity with regulations; prohibited sale or lease
of vehicles or engines
(a) The following acts and the causing thereof are prohibited—
(1) in the case of a manufacturer of new motor vehicles or
new motor vehicle engines for distribution in commerce, the
sale, or the offering for sale, or the introduction, or delivery
for introduction, into commerce, or (in the case of any per-
son, except as provided by regulation of the Administrator),
the importation into the United States, of any new motor
vehicle or new motor vehicle engine, manufactured after the
effective date of regulations under this part which are appli-
cable to such vehicle or engine unless such vehicle or engine is
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42 § 1857f—2 EPA CURRENT LAWS—Am
covered by a certificate of conformity issued (and in effect)
under regulations prescribed under this part (except as pro-
vided in subsection (b) of this section);
(2) for any person to fail or refuse to permit access to or
copying of records or to fail to make reports or provide infor-
mation, required under section 1857f—6 of this title;
(3) for any person to remove or render inoperative any
device or element of design installed on or in a motor vehicle
or motor vehicle engine in compliance with regulations under
this part prior to its sale and delivery to the ultimate pur-
chaser, or for any manufacturer or dealer knowingly to re-
move or render inoperative any such device or element of
design after such sale and delivery to the ultimate purchaser;
or
(4) for any manufacturer of a new motor vehicle or new
motor vehicle engine subject to standards prescribed under
section 1857f—1 of this title—
(A) to sell or lease any such vehicle or engine unless
such manufacturer has complied with the requirements
of section 1857f—5a(a) and (b) of this title with re-
spect to such vehicle or engine, and unless a label or tag is
affixed to such vehicle or engine in accordance with sec-
tion 1857f—5a(c) (3) of this title, or
(B) to fail or refuse to comply with the requirements
of section 1857f—5a(c) or (e) of this title.
Authority of Administrator to make exemptions; refusal to admit vehicle
or engine into United States; vehicles or engines intended for export
(b) (1) The Administrator may exempt any new motor vehicle
or new motor vehicle engine from subsection (a) of this section
upon such terms and conditions as he may find necessary for the
purpose of research, investigations, studies, demonstrations, or
training, or for reasons of national security.
(2) A new motor vehicle or new motor vehicle engine offered
for importation or imported by any person in violation of subsec-
tion (a) of this section shall be refused admission into the United
States, but the Secretary of the Treasury and the Administrator,
may, by joint regulation, provide for deferring final determination
as to admission and authorizing the delivery of such a motor
vehicle or engine offered for import to the owner or consignee
thereof upon such terms and conditions (including the furnishing ••
of a bond) as may appear to them appropriate to insure that any •
such motor vehicle or engine will be brought into conformity
with the standards, requirements, and limitations applicable to
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CLEAN AIR ACT 42 § 1857f—2
it under this part. The Secretary of the Treasury shall, if a motor
vehicle or engine is finally refused admission under this para-
graph, cause disposition thereof in accordance with the customs
laws unless it is exported, under regulations prescribed by such
Secretary, within ninety days of the date of notice of such refusal
or such additional time as may be permitted pursuant to such
regulations, except that disposition in accordance with the cus-
toms laws may not be made in such manner as may result, directly
or indirectly, in the sale, to the ultimate consumer, of a new motor
vehicle or new motor vehicle engine that fails to comply with
applicable standards of the Administrator under this part.
(3) A new motor vehicle or new motor vehicle engine intended
solely for export, and so labeled or tagged on the outside of the
container and on the vehicle or engine itself, shall be subject to the
provisions of subsection (a) of this section, except that if the
country of export has emission standards which differ from the
standards prescribed under subsection (a) of this section, then
such vehicle or engine shall comply with the standards of such
country of export.
Exemptions; annual report of exemptions to Congress
(c) Upon application therefor, the Administrator may exempt
from subsection (a) (3) of this section any vehicles (or class
thereof) manufactured before the 1974 model year from subsec-
tion (a) (3) of this section l for the purpose of permitting modifi-
cations to the emission control device or system of such vehicle in
order to use fuels other than those specified in certification testing
under section 1857f—5 (a) (1) of this title, if the Administrator,
on the basis of information submitted by the applicant, finds that
such modification will not result in such vehicle or engine not
complying with standards under section 1857f—(1) of this title
applicable to such vehicle or engine. Any such exemption shall
identify (1) the vehicle or vehicles so exempted, (2) the specific
nature of the modification, and (3) the person or class of persons
to whom the exemption shall apply.
July 14, 1955, c. 360, Title II, § 203, as added Oct. 20, 1965, Pub.L.
89-272, Title I, § 101(8), 79 Stat. 993, Nov. 21, 1967, Pub.L.
90-148, § 2, 81 Stat. 499, amended Dec. 31, 1970, Pub.L. 91-604,
§§ 7(a), 11 (a) (2) (A), 15 (c) (2), 84 Stat. 1693, 1705, 1713.
§ 1857f—3. Jurisdiction of district court to restrain violations;
actions brought by or in name of United States; territorial scope
of subpenas for witnesses
1 So in original
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(a) The district courts of the United States shall have jurisdic-
tion to restrain violations of paragraph (1), (2), (3), or (4) of
section 1857f—2 (a) of this title. —
(b) Actions to restrain such violations shall be brought by and •
in the name of the United States. In any such action, subpenas for ™
witnesses who are required to attend a district court in any dis-
trict may run into any other district. •
July 14, 1955, c. 360, Title II, § 204, as added Oct. 20, 1965, •
Pub.L. 89-272, Title I, § 101(8), 79 Stat. 994, Nov. 21, 1967,
Pub.L. 90-148, § 2, 81 Stat. 500, amended Dec. 31, 1970, Pub.L.
91-604, § 7 (b), 84 Stat. 1694.
§ 1857f—4. Penalties for violation; separate offenses
Any person who violates paragraph (1), (2), (3), or (4) of
section 1857f—2 (a) of this title shall be subject to a civil penalty
of not more than $10,000. Any such violation with respect to
paragraph (1), (2), or (4) of section 1857f—2(a) of this title mm
shall constitute a separate offense with respect to each motor H
vehicle or motor vehicle engine.
July 14, 1955, c. 360, Title II, § 205, as added Oct. 20, 1965, Pub.L.
89-272, Title I, § 101(8), 79 Stat. 994, Nov. 21, 1967, Pub.L. •
90-148, § 2, 81 Stat. 500, amended Dec. 31, 1970, Pub.L. 91-604, § •
7(c) 84 Stat. 1694.
§ 1857f—5. Motor vehicle and motor vehicle engine compliance
testing and certification—Testing and issuance of certificate of
conformity
(a) (1) The Administrator shall test, or require to be tested in
such manner as he deems appropriate, any new motor vehicle or
new motor vehicle engine submitted by a manufacturer to deter-
mine whether such vehicle or engine conforms with the regula-
tions prescribed under section 1857f—1 of this title. If such vehi-
cle or engine conforms to such regulations, the Administrator
shall issue a certificate of conformity upon such terms, and for
such period (not in excess of one year), as he may prescribe.
(2) The Administrator shall test any emission control system
incorporated in a motor vehicle or motor vehicle engine submitted
to him by any person, in order to determine whether such system
enables such vehicle or engine to conform to the standards re-
quired to be prescribed under section 1857f—1 (b) of this title. If
the Administrator finds on the basis of such tests that such vehicle
or engine conforms to such standards, the Administrator shall
issue a verification of compliance with emission standards for such
system when incorporated in vehicles of a class of which the tested mm
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CLEAN AIR ACT 42 § 1857f—5
vehicle is representative. He shall inform manufacturers and the
National Academy of Sciences, and make available to the public,
the results of such tests. Tests under this paragraph shall be
conducted under such terms and conditions (including require-
ments for preliminary testing by qualified independent laborato-
ries) as the Administrator may prescribe by regulations.
Testing procedures; hearing; judicial review; additional evidence
(b) (1) In order to determine whether new motor vehicles or
new motor vehicle engines being manufactured by a manufacturer
do in fact conform with the regulations with respect to which the
certificate of conformity was issued, the Administrator is author-
ized to test such vehicles or engines. Such tests may be conducted
by the Administrator directly or, in accordance with conditions
specified by the Administrator, by the manufacturer.
(2) (A) (i) If, based on tests conducted under paragraph (1)
on a sample of new vehicles or engines covered by a certificate of
conformity, the Administrator determines that all or part of the
vehicles or engines so covered do not conform with the regulations
with respect to which the certificate of conformity was issued, he
may suspend or revoke such certificate in whole or in part, and
shall so notify the manufacturer. Such suspension or revocation
shall apply in the case of any new motor vehicles or new motor
vehicle engines manufactured after the date of such notification
(or manufactured before such date if still in the hands of the
manufacturer), and shall apply until such time as the Administra-
tor finds that vehicles and engines manufactured by the manufac-
turer do conform to such regulations. If, during any period of
suspension or revocation, the Administrator finds that a vehicle or
engine actually conforms to such regulations, he shall issue a cer-
tificate of conformity applicable to such vehicle or engine.
(ii) If, based on tests conducted under paragraph (1) on any
new vehicle or engine, the Administrator determines that such
vehicle or engine does not conform with such regulations, he may
suspend or revoke such certificate insofar as it applies to such
vehicle or engine until such time as he finds such vehicle or engine
actually so conforms with such regulations, and he shall not notify
the manufacturer.
(B) (i) At the request of any manufacturer the Administrator
shall grant such manufacturer a hearing as to whether the tests
have been properly conducted or any sampling methods have been
properly applied, and make a determination on the record with
respect to any suspension or revocation under subparagraph (A);
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42 § 1857f—5 EPA CURRENT LAWS—Am
but suspension or revocation under subparagraph (A) shall not •
be stayed by reason of such hearing.
(ii) In any case of actual controversy as to the validity of any
determination under clause (i), the manufacturer may at any time •
prior to the 60th day after such determination is made file a •
petition with the United States court of appeals for the circuit
wherein such manufacturer resides or has his principal place of
business for a judicial review of such determination. A copy of the
petition shall be forthwith transmitted by the clerk of the court to
the Administrator or other officer designated by him for that
purpose. The Administrator thereupon shall file in the court the
record of the proceedings on which the Administrator based his
determination, as provided in section 2112 of Title 28.
(iii) If the petitioner applies to the court for leave to adduce
additional evidence, and shows to the satisfaction of the court that
such additional evidence is material and that there were reasona-
ble grounds for the failure to adduce such evidence in the proceed-
ing before the Administrator, the court may order such additional
evidence (and evidence in rebuttal thereof) to be taken before the
Administrator, in such manner and upon such terms and condi-
tions as the court may deem proper. The Administrator may mod-
ify his findings as to the facts, or make new findings, by reason of
the additional evidence so taken and he shall file such modified or
new findings, and his recommendation, if any, for the modification
or setting aside of his original determination, with the return of
such additional evidence.
(iv) Upon the filing of the petition referred to in clause (ii), •
the court shall have jurisdiction to review the order in accordance ^
with chapter 7 of Title 5 and to grant appropriate relief as pro-
vided in such chapter. •
Inspection
(c) For purposes of enforcement of this section, officers or ^
employees duly designated by the Administrator, upon presenting •
appropriate credentials to the manufacturer or person in charge,
are authorized (1) to enter, at reasonable times, any plant or
other establishment of such manufacturer, for the purpose of con- •
ducting tests of vehicles or engines in the hands of the manufac- Hi
turer, or (2) to inspect at reasonable times, records, files, papers,
processes, controls, and facilities used by such manufacturer in
conducting tests under regulations of the Administrator. Each
such inspection shall be commenced and completed with reasonable
promptness. mm
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CLEAN Am ACT 42 § 1857f—5
Rules and regulations
(d) The Administrator shall be regulation establish methods
and procedures for making tests under this section.
Publication of test results
(e) The Administrator shall announce in the Federal Register
and make available to the public the results of his tests of any
motor vehicle or motor vehicle engine submitted by a manufac-
turer under subsection (a) of this section as promptly as possible
after December 31, 1970, and at the beginning of each model year
which begins thereafter. Such results shall be described in such
nontechnical manner as will reasonably disclose to prospective
ultimate purchasers of new motor vehicles and new motor vehicle
engines the comparative performance of the vehicles and engines
tested in meeting the standards prescribed under section 1857f—1
of this title.
July 14,1955, c. 360, Title II, § 206, as added Oct. 20, 1965, Pub.L.
89-272, Title I, § 101(8), 79 Stat. 994, Nov. 21, 1967, Pub.L.
90-148, § 2, 81 Stat. 501, as added Dec. 31, 1970, Pub.L. 91-604,
§8(a), 84 Stat. 1694.
§ 1857f—5a. Complaince by vehicles and engines in actual use
—Warranty
(a) Effective with respect to vehicles and engines manufactured
in model years beginning more than 60 days after December 31,
1970, the manufacturer of each new motor vehicle and new motor
vehicle engine shall warrant to the ultimate purchaser and each
subsequent purchaser that such vehicle or engine is (1) designed,
built, and equipped so as to conform at the time of sale with
applicable regulations under section 1857f—1, of this title, and
(2) free from defects in materials and workmanship which cause
such vehicle or engine to fail to conform with applicable regula-
tions for its useful life (as determined under section 1857f—1 (d)
of this title).
Testing methods and procedures
(b) If the Administrator determines that (i) there are availa-
ble testing methods and procedures to ascertain whether, when in
actual use throughout its useful life (as determined under section
1857f—l(d) of this title), each vehicle and engine to which regu-
lations under section 1857f—1 of this title apply complies with the
emission standards of such regulations, (ii) such methods and
procedures are in accordance with good engineering practices, and
(iii) such methods and procedures are reasonably capable of being
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42 § 1857f—5a EPA CURRENT LAWS—AIR
correlated with tests conducted under section 1857f—5 (a) (1) of ^ •
this title, then—
(1) he shall establish such methods and procedures by re-
gulation, and
(2) at such time as he determines that inspection facilities
or equipment are available for purposes of carrying out test-
ing methods and procedures established under paragraph (1),
he shall prescribe regulations which shall require manufac-
turers to warrant the emission control device or system of
each new motor vehicle or new motor vehicle engine to which
a regulation under section 1857f—1 of this title applies and
which is manufactured in a model year beginning after the
Administrator first prescribes warranty regulations under
this paragraph (2). The warranty under such regulations
shall run to the ultimate purchaser and each subsequent pur-
chaser and shall provide that if—
(A) the vehicle or engine is maintained and operated
in accordance with instructions under subsection (c) (3)
of this section,
(B) it fails to conform at any time during its useful M
life (as determined under section 1857f—l(d) of this •
title) to the regulations prescribed under section 1857f
—1 of this title, and
(C) such nonconformity results in the ultimate pur-
chaser (or any subsequent purchaser) of such vehicle or
engine having to bear any penalty or other sanction (in-
cluding the denial of the right to use such vehicle or
engine) under State or Federal law,
then such manufacturer shall remedy such nonconformity
under such warranty with the cost thereof to be borne by the
manufacturer.
Noncomforming vehicles; plan for remedying nonconformity;
instructions for maintenance and use
(c) Effective with respect to vehicles and engines manufactured
during model years beginning more than 60 days after December
31, 1970—
(1) If the Administrator determines that a substantial
number of any class or category of vehicles or engines, al-
though properly maintained and used, do not conform to the
regulations prescribed under section 1857f—1 of this title,
when in actual use throughout their useful life (as deter-
mined under section 1857f—l(d) of this title), he shall im-
mediately notify the manufacturer thereof of such noncon-
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CLEAN AIR ACT 42 § 1857f—5a
formity, and he shall require the manufacturer to submit a
plan for remedying the nonconformity of the vehicles or en-
gines with respect to which such notification is given. The
plan shall provide that the nonconformity of any such vehi-
cles or engines which are properly used and maintained will
be remedied at the expanse of the manufacturer. If the manu-
facturer disagrees with such determination of nonconformity
and so advises the Administrator, the Administrator shall
afford the manufacturer and other interested persons an op-
portunity to present their views and evidence in support
thereof at a public hearing. Unless, as a result of such hear-
ing the Administrator withdraws such determination of non-
conformity, he shall, within 60 days after the completion of
such hearing, order the manufacturer to provide prompt noti-
fication of such nonconformity in accordance with paragraph
(2).
(2) Any notification required by paragraph (1) with res-
pect to any class or category of vehicles or engines shall be
given to dealers, ultimate purchasers, and subsequent pur-
chasers (if known) in such manner and containing such in-
formation as the Administrator may by regulations require.
(3) The manufacturer shall furnish with each new motor
vehicle or motor vehicle engine such written instructions for
the maintenance and use of the vehicle or engine by the ulti-
mate purchaser as may be reasonable and necessary to assure
the proper functioning of emission control devices and sys-
tems. In addition, the manufacturer shall indicate by means
of a label or tag permanently affixed to such vehicle or engine
that such vehicle or engine is covered by a certificate of con-
formity issued for the purpose of assuring achievement of
emissions standards prescribed under section 1857f—1 of this
title. Such label or tag shall contain such other information
relating to control of motor vehicle emissions as the Adminis-
trator shall prescribe by regulation,
Dealer costs borne by manufacturer
(d) Any cost obligation of any dealer incurred as a result of
any requirement imposed by subsection (a), (b), or (c) of this
section shall be borne by the manufacturer. The transfer of any
such cost obligation from a manufacturer to any dealer through
franchise or other agreement is prohibited.
Cost statement
(e) If a manufacturer includes in any advertisement a state-
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42 § 1857f—5 EPA CUERENT LAWS—Am
ment respecting the cost or value of emission control devices or •
systems, such manufacturer shall set forth in such statement the
cost or value attributed to such devices or systems by the Secre- _
tary of Labor (through the Bureau of Labor Statistics). The •
Secretary of Labor, and his representatives, shall have the same •
access for this purpose to the books, documents, papers, and rec-
ords of a manufacturer as the Comptroller General has to those of flj
a recipient of assistance for purposes of section 1857J of this title. ||
Inspection after sale to ultimate purchaser ^^
(f) Any inspection of a motor vehicle or a motor vehicle engine •
for purposes of subsection (c) (1) of this section, after its sale to •§
the ultimate purchaser, shall be made only if the owner of such
vehicle or engine voluntarily permits such inspection to be made,
except as may be provided by any State or local inspection pro-
gram.
July 14,1955, c. 360, Title II, § 207, as added Dec. 31,1970, Pub.L.
91-604, § 8 (a), 84 Stat. 1696.
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§ 1857f—6. Reports, records, and information required; access
to and copying records; availability to public; disclosure of trade ••
secrets H
(a) Every manufacturer shall establish and maintain such rec-
ords, make such reports, and provide such information, as the M
Administrator may reasonably require to enable him to determine •
whether such manufacturer has acted or is acting in compliance
with this part and regulations thereunder and shall, upon request
of an officer or employee duly designated by the Administrator, H
permit such officer or employee at reasonable times, to have access *•
to an copy such records.
(b) Any records, reports, or information obtained under subsec-
tion (a) of this section shall be available to the public, except that
upon a showing satisfactory to the Administrator by any person
that records, reports, or information, or particular part thereof «
(other than emission data), to which the Administrator has B
access under this section if made public, would divulge meth-
ods or processes entitled to protection as trade secrets of such
person, the Administrator shall consider such record, report, or ••
information or particular portion thereof confidential in accord- •§
ance with the purposes of section 1905 of Title 18, except that
such record, report, or information may be disclosed to other
officers, employees, or authorized representatives of the United
States concerned with carrying out this chapter or when relevant
in any proceeding under this chapter. Nothing in this section shall M
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CLEAN AIR ACT 42 § 1857f—6
authorize the withholding of information by the Administrator or
any officer or employee under his control, from the duly authorized
committees of the Congress.
July 14, 1955, c. 360, Title II, § 208, formerly § 207, as added Oct.
20, 1965, Pub.L. 89-272, Title I, §101(8), 79 Stat. 994, amended
Nov. 21, 1967, Publ.L. 90-148, § 2, 81 Stat. 501, renumbered and
amended Dec. 31, 1970, Pub.L. 91-604, §§ 8(a), 10(a), 11 (a) (2)
(A), 15(c) (2), 84 Stat. 1694, 1700,1705,1713.
§ 1857f—6a. State standards
(a) No State or any political subdivision thereof shall adopt or
attempt to enforce any standard relating to the control of emis-
sions from new motor vehicles or new motor vehicle engines sub-
ject to this part. No State shall require certification, inspection, or
any other approval relating to the control of emissions from any
new motor vehicle or new motor vehicle engine as condition pre-
cedent to the initial retail sale, titling (if any), or registration of
such motor vehicle, motor vehicle engine, or equipment.
(b) The Administrator shall, after notice and opportunity for
public hearing, waive application of this section to any State
which has adopted standards (other than crankcase emission
standards) for the control of emissions from new motor vehicles
or new motor vehicle engines prior to March 30, 1966, unless he
finds that such State does not require standards more stringent
than applicable Federal standards to meet compelling and extraor-
dinary conditions or that such State standards and accompanying
enforcement procedures are not consistent with section 1857f—
1 (a) of this title.
(c) Nothing in this part shall preclude or deny to any State or
political subdivision thereof the right otherwise to control, regu-
late, or restrict the use, operation, or movement of registered or
licensed motor vehicles.
July 14,1955, c. 360, Title II, § 209, formerly § 208, as added Nov.
21, 1967, Pub.L. 90-148, § 2, 81 Stat. 501, renumbered and
amended Dec. 31, 1970, Pub.L. 91-604, §§ 8(a), 11 (a) (2) (A),
15(c) (2), 84 Stat. 1694, 1705, 1713.
§ 1857f—6b. Federal assistance in developing and maintaining
vehicle emission devices and systems inspection and emission test-
ing and control programs
The Administrator is authorized to make grants to appropriate
State agencies in an amount up to two-thirds of the cost of devel-
oping and maintaining effective vehicle emission devices and sys-
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terns inspection and emission testing and control programs, except
that—
(1) no such grant shall be made for any part of any State
vehicle inspection program which does not directly relate to
the cost of the air pollution control aspects of such a pro-
gram;
(2) no such grant shall be made unless the Secretary of
Transportation has certified to the Administrator that such
program is consistent with any highway safety program de-
developed pursuant to section 402 of Title 23; and
(3) no such grant shall be made unless the program in-
cludes provisions designed to insure that emission control de-
vices and systems on vehicles in actual use have not been
discontinued or rendered inoperative.
July 14, 1955, c. 360, Title II, § 210, formerly § 209, as added Nov.
21, 1967, Pub.L. 90-148, § 2, 81 Stat. 502, renumbered and
amended Dec. 31, 1970, Pub.L. 91-604, §§ 8(a), 10(b), 84 Stat.
1694, 1700.
§ 1857f—6c. Regulation of fuels—Authority of Administrator
to regulate
(a) The Administrator may be regulation designate any fuel or
fuel additive and, after such date or dates as may be prescribed by
him, no manufacturer or processor of any such fuel or additive
may sell, offer for sale, or introduce into commerce such fuel or
additive unless the Administrator has registered such fuel or addi-
tive in accordance with subsection (b) of this section.
Registration requirement
(b) (1) For the purpose of registration of fuels and fuel addi-
tives, the Administrator shall require—
(A) the manufacturer of any fuel to notify him as to the
commercial identifying name and manufacturer of any addi-
tive contained in such fuel; the range of concentration of any
additive in the fuel; and the purpose-in-use of any such addi-
tive ; and
(B) the manufacturer of any additive to notify him as ta
the chemical composition of such additive.
(2) For the purpose of registration of fuels and fuel additives,
the Administrator may also require the manufacturer of any fuei
or fuel additive—
(A) to conduct tests to determine potential public health
effects of such fuel or additive (including, but not limited to,
carcinogenic, teratogenie, or mutagenic effects), and
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CLEAN Aim ACT 42 § 1857f—6c
(B) to furnish the description of any analytical technique
that can be used to detect and measure any additive in such
fuel, the recommended range of concentration of such addi-
tive, and the recommended purpose-in-use of such additive,
and such other information as is reasonable and necessary to
determine the emissions resulting from the use of the fuel or
additive contained in such fuel, the effect of such fuel or
additive on the emission control performance of any vehicle
or vehicle engine, or the extent to which such emissions affect
the public health or welfare.
Tests under subparagraph (A) shall be conducted in conformity
with test procedures and protocols established by the Administra-
tor. The result of such tests shall not be considered confidential.
(3) Upon compliance with the provision of this subsection, in-
cluding assurances that the Administrator will receive changes in
the information required, the Administrator shall register such
fuel or fuel additive.
Control or prohibition of offending fuels and fuel additives
(c) (1) The Administrator may, from time to time on the basis
of information obtained under subsection (b) of this section or
other information available to him, by regulation, control or pro-
hibit the manufacture, introduction into commerce, offering for
sale, or sale of any fuel or fuel additive for use in a motor vehicle
or motor vehicle engine (A) if any emission products of such fuel
or fuel additive will endanger the public health or welfare, or (B)
if emission products of such fuel or fuel additive will impair to a
significant degree the performance of any emission control device
or system which is in general use, or which the Administrator
finds has been developed to a point where in a reasonable time it
would be in general use were such regulation to be promulgated.
(2) (A) No fuel, class of fuels, or fuel additive may be con-
trolled or prohibited by the Administrator pursuant to clause (A)
of paragraph (1) except after consideration of all relevant medi-
cal and scientific evidence available to him, including consideration
of other technologically or economically feasible means of achiev-
ing emission standards under section 1857f—1 of this title.
(B) No fuel or fuel additive may be controlled or prohibited by
the Administrator pursuant to clause (B) of paragraph (1) ex-
cept after consideration of available scientific and economic data,
including a cost benefit analysis comparing emission control de-
vices or systems which are or will be in general use and require
the proposed control or prohibition with emission control devices
or systems which are or will be in general use and do not require
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the proposed control or prohibition. On request of a manufacturer
of motor vehicles, motor vehicle engines, fuels, or fuel additives
submitted within 10 days of notice of proposed rulemaking, the
Administrator shall hold a public hearing and publish findings
with respect to any matter he is required to consider under this
subparagraph. Such findings shall be published at the time of
promulgation of final regulations.
(C) No fuel or fuel additive may be prohibited by the Adminis-
trator under paragraph (1) unless he finds, and publishes such
finding, that in his judgment such prohibition will not cause the
use of any other fuel or fuel additive which will produce emissions
which will endanger the public health or welfare to the same or
greater degree than the use of the fuel or fuel additive proposed to mm
be prohibited. •
(3) (A) For the purpose of obtaining evidence and data to
carry out paragraph (2), the Administrator may require the man-
ufacturer of any motor vehicle or motor vehicle engine to furnish
any information which has been developed concerning the emis-
sions from motor vehicles resulting from the use of any fuel or
fuel additive, or the effect of such use on the performance of any
emission control device or system.
(B) In obtaining information under subparagraph (A), section
1847h—5 (a) of this title (relating to subpenas) shall be applica-
ble.
(4) (A) Except as otherwise provided in subparagraph (B) or
(C), no State (or political subdivision thereof) may prescribe or
attempt to enforce, for purposes of motor vehicle emission control,
any control or prohibition respecting use of a fuel or fuel additive
in a motor vehicle or motor vehicle engine—
(i) if the Administrator has found that no control or prohi-
bition under paragraph (1) is necessary and has published
his finding in the Federal Register, or
(ii) if the Administrator has prescribed under paragraph
(1) a control or prohibition applicable to such fuel or fuel
additive, unless State prohibition or control is identical to the
prohibition or control prescribed by the Administrator.
(B) Any State for which application of section 1857f—6a(a) of
this title has at any time been waived under section 1857f—6a(b)
of this title may at any time prescribe and enforce, for the pur-
pose of motor vehicle emission control, a control or prohibition
respecting any fuel or fuel additive.
(C) A State may prescribe and enforce, for purposes of motor
vehicle emission control, a control or prohibition respecting the •
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CLEAN Am ACT 42 § 1857f—6c
use of a fuel or fuel additive in a motor vehicle or motor vehicle
engine if an applicable implementation plan for such State under
section 1857c—5 of this title so provides. The Administrator may
approve such provision in an implementation plan, or promulgate
an implementation plan containing such a provision, only if he
finds that the State control or prohibition is necessary to achieve
the national primary or secondary ambient air quality standard
which the plan implements.
Penalty
(d) Any person who violates subsection (a) of this section or
the regulations prescribed under subsection (c) of this section or
who fails to furnish any information required by the Administra-
tor under subsection (b) of this section shall forfeit and pay to
the United States a civil penalty of $10,000 for each and every day
of the continuance of such violation, which shall accrue to the
United States and be recovered 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
Administrator may, upon application therefor, remit or mitigate
any forfeiture provided for in this subsection and he shall have
authority to determine the facts upon all such applications.
July 14,1955, c. 360, Title II, § 211, formerly § 210, as added Nov.
21, 1967, Pub.L. 90-148, § 2, 81 Stat. 502, renumbered and
amended Dec. 31, 1970, Pub.L. 91-604, §§ 8(a), 9(a), 84 Stat.
1694, 1698, Nov. 18, 1971, Pub.L. 92-157, Title III, § 302(d), (e),
85 Stat. 464.
§ 1857f—6d. Repealed. Pub.L. 91-604, § 8(a), Dec. 31, 1970, 84
Stat. 1694
§ 1857f—6e. Low-emission vehicles—Definitions
(a) For the purpose of this section—
(1) The term "Board" means the Low-Emission Vehicle
Certification Board.
(2) The term "Federal Government" includes the legisla-
tive, executive, and judicial branches of the Government of
the United States, and the government of the District of
Columbia.
(3) The term "motor vehicle" means any self-propelled ve-
hicle designed for use in the United States on the highways,
other than a vehicle designed or used for military field train-
ing, combat, or tactical purposes.
(4) The term "low-emission vehicle" means any motor ve-
hicle which—
(A) emits any air pollutant in amounts significantly
below new motor vehicle standards applicable under sec-
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42 § 1857f—6e EPA CURRENT LAWS—AIR
tion 1857f—1 of this title at the time of procurement to
that type of vehicle; and
(B) with respect to all other air pollutants meets the
new motor vehicle standards applicable under section
1857f—1 of this title at the time of procurement to that
type of vehicle.
(5) The term "retail price" means (A) the maximum sta-
tutory price applicable to any class or model of motor vehicle;
or (B) in any case where there is no applicable maximum
statutory price, the most recent procurement price paid for
any class or model of motor vehicle.
Low-Emission Vehicle Certification Board; establishment; composition; ap-
pointment; Chairman; compensation; travel expenses; employment and
compensation of additional personnel; time and place of meetings; powers
(b) (1) There is established a Low-Emission Vehicle Certifica-
tion Board to be composed of the Administrator or his designee,
the Secretary of Transportation or his designee, the Chairman of
the Council on Environmental Quality or his designee, the Direc-
tor of the National Highway Safety Bureau in the Department of
Transportation, the Administrator of General Services, and two
members appointed by the President. The President shall desig-
nate one member of the Board as Chairman.
(2) Any member of the Board not employed by the United
States may receive compensation at the rate of $125 for each day
such member is engaged upon work of the Board. Each member of
the Board shall be reimbursed for travel expenses, including per
diem in lieu of subsistence as authorized by section 5703 of Title 5
for persons in the Government service employed intermittently.
(3) (A) The Chairman, with the concurrence of the members
of the Board, may employ and fix the compensation of such addi-
tional personnel as may be necessary to carry out the functions of
the Board, but no individual so appointed shall receive compensa-
tion in excess of the rate authorized for GS-18 by section 5332 of
Title 5.
(B) The Chairman may fix the time and place of such meetings
as may be required, but a meeting of the Board shall be called
whenever a majority of its members so request.
(C) The Board is granted all other powers necessary for meet-
ing its responsibilities under this section.
Determination by Administrator of models or classes of motor vehicles
qualifying as low-emission vehicles
(c) The Administrator shall determine which models or classes
of motor vehicles qualify as low-emission vehicles in accordance
•with the provisions of this section.
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CLEAN Am ACT 42 § 1857f—6e
Certification by Board; specifications for suitable substitutes; criteria
for certification; term of certification; procedure for certification
(d) (1) The Board shall certify any class or model of motor
vehicles—
(A) for which a certification application has been filed in
accordance with paragraph (3) of this subsection;
(B) which is a low-emission vehicle as determined by the
Administrator; and
(C) which it determines is suitable for use as a substitute
for a class or model of vehicles at that time in use by agencies
of the Federal Government.
The Board shall specify with particularity the class or model of
vehicles for which the class or model of vehicles described in the
application is a suitable substitute. In making the determination
under this subsection the Board shall consider the following cri-
teria :
(i) the safety of the vehicle;
(ii) its performance characteristics;
(iii) its reliability potential;
(iv) its serviceability;
(v) its fuel availability;
(vi) its noise level; and
(vii) its maintenance costs as compared with the class or
model of motor vehicle for which it may be a suitable substi-
tute.
(2) Certification under this section shall be effective for a pe-
riod of one year from the date of issuance.
(3) (A) Any party seeking to have a class or model of vehicle
certified under this section shall file a certification application in
accordance with regulations prescribed by the Board.
(B) The Board shall publish a notice of each application re-
ceived in the Federal Register.
(C) The Administrator and the Board shall make determina-
tions for the purpose of this section in accordance with procedures
prescribed by regulation by the Administrator and the Board,
respectively.
(D) The Administrator and the Board shall conduct whatever
investigation is necessary, including actual inspection of the vehi-
cle at a place designated in regulations prescribed under subpara-
graph (A).
(E) The Board shall receive and evaluate written comments
and documents from interested parties in support of, or in opposi-
tion to, certification of the class or model of vehicle under consid-
eration.
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42 § 1857f—6e EPA CURRENT LAWS—AlR
(F) Within 90 days after the receipt of a properly filed certifi- •
cation application, the Administrator shall determine whether "
such class or model of vehicle is a low-emission vehicle, and within
180 days of such determination, the Board shall reach a decision flj
by majority vote as to whether such class or model of vehicle, •
having been determined to be a low-emission vehicle, is a suitable
substitute for any class or classes of vehicles presently being pur- mm
chased by the Federal Government for use by its agencies. •
(G) Immediately upon making any determination or decision
under subparagraph (F), the Administrator and the Board shall
each publish in the Federal Register notice of such determination
or decision, including reasons therefor and in the case of the
Board any dissenting views.
Acquisition by Federal government by purchase or lease;
procurement costs; contract provisions
(e) (1) Certified low-emission vehicles shall be acquired by
purchase or lease by the Federal Government for use by the Fed-
eral Government in lieu of other vehicles if the Administrator of
General Services determines that such certified vehicles have pro-
curement costs which are no more than 150 per centum of the mm
retail price of the least expensive class or model of motor vehicle H
for which they are certified substitutes.
(2) In order to encourage development of inherently low-pollut-
ing propulsion technology, the Board may, at its discretion, raise H
the premium set forth in paragraph (1) of this subsection to 200 •
per centum of the retail price of any class or model of motor
vehicle for which a certified low-emi'ssion vehicle is a certified
substitute, if the Board determines that the certified low-emission
vehicle is powered by an inherently low-polluting propulsion sys-
tem.
(3) Data relied upon by the Board and the Administrator in
determining that a vehicle is a certified low-emission vehicle shall
be incorporated in any contract for the procurement of such vehi-
cle. •
Priority for purchase by procuring agency ^™
(f) The procuring agency shall be required to purchase availa-
ble certified low-emission vehicles which are eligible for purchase H
to the extent they are available before purchasing any other vehi- WM
cles for which any low-emission vehicle is a certified substitute. In
making purchasing selections between competing eligible certified mm
low-emission vehicles, the procuring agency shall give priority to •
(1) any class or model which does not require extensive periodic
maintenance to retain its low-polluting qualities or which does not _
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require the use of fuels which are more expensive than those of
the classes or models of vehicles for which it is a certified
substitute; and (2) passenger vehicles other than buses.
Waiver of statutory price limitations
(g) For the purpose of procuring certified low-emission
vehicles any statutory price limitations shall be waived.
Testing of emissions from certified low-emission vehicles purchased by the Federal
government; procedure; recertification
(h) The Administrator shall, from time to time as the Board
deems appropriate, test the emissions from certified
low-emission vehicles purchased by the Federal Government. If
at any time he finds that the emission rates exceed the rates on
which certification under this section was based, the
Administrator shall notify the Board. Thereupon the Board
shall give the supplier of such vehicles written notice of this
finding, issue public notice of it, and give the supplier an
opportunity to make necessary repairs, adjustments, or
replacements. If no such repairs, adjustments, or replacements
are made within a period to be set by the Board, the Board may
order the supplier to show cause why the vehicle involved should
be eligible for recertification.
Authorization of appropriations
(i) There are authorized to be appropriated for paying
additional amounts for motor vehicles pursuant to, and for
carrying out the provisions of, this section, $5,000,000 for the
fiscal year ending June 30, 1971, and $25,000,000 for each of the
three succeeding fiscal years.
Promulgation by Board of implementing procedures
(j) The Board shall promulgate the procedures required to
implement this section within one hundred and eighty days after
December 31, 1970.
July 14, 1955, c. 360, Title II §212, as added Dec. 31, 1970, Pub.L.
91-604, § 10 (c), 84 Stat. 1700, April 9,1973, Pub.L. 93-15, § 1 (b), 87
Stat. 11.
§ 1857f—7. Definitions
As used in this part—
(1) The term "manufacturer" as used in section 1857f—1,
1857f—2, 1857f—5, 1857f—6, and 1857f—6a of this title means
any person engaged in the manufacturing or assembling
of new motor vehicles or new motor vehicle engines, or im-
porting such vehicles or engines for resale, or who acts for
and is under the control of any such person in connection
with the distribution of new motor vehicles or new motor
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vehicle engines, but shall not include any dealer with respect
to new motor vehicles or new motor vehicle engines received by
him in commerce.
(2) The term "motor vehicle" means any self-propelled
vehicle designed for transporting persons or property on a
street or highway.
(3) Except with respect to vehicles or engines imported or II
offered for importation, the term "new motor vehicle" means a V
motor vehicle the equitable or legal title to which has never
been transferred to an ultimate purchaser; and the term "new ••
motor vehicle engine" means an engine in a new motor vehicle •
or a motor vehicle engine the equitable or legal title to which
has never been transferred to the ultimate purchaser; and
with respect to imported vehicles or engines, such terms mean
a motor vehicle and engine, respectively, manufactured after
the effective date of a regulation issued under section 1875f—1
of this title which is applicable to such vehicle or engine (or
which would be applicable to such vehicle or engine had it been
manufactured for importation into the United States).
(4) The term "dealer" means any person who is engaged in
the sale or the distribution of new motor vehicles or new motor
vehicle engines to the ultimate purchaser.
(5) The term "ultimate purchaser" means, with respect to
any new motor vehicle or new motor vehicle engine, the first
person who in good faith purchases such new motor vehicle or
new engine for purposes other than resale.
(6) The term "commerce" means (A) commerce between
any place in any State and any place outside thereof; and (B)
commerce wholly within the District of Columbia.
July 14,1955, c. 360, Title II, § 213, formerly § 208, as added Oct. 20,
1965, Pub.L. 89-272, Title I, § 101(8) 79 Stat. 994, renumbered § 212
and amended Nov. 21, 1967, Pub.L. 90-148, § 2, 81 Stat. 503,
renumbered § 213 and amended Dec. 31, 1970, Pub.L. 91-604 §§ _
8(a), 10(d), ll(a), (2) (A), 84 Stat. 1694, 1903, 1905. •
§ 1857f—8. Repealed. Pub.L. 89-675, § 2(b), Oct. 15, 1966, 80
Stat. 954 «
Part B.—Aircraft Emission Standards ^^
§ 1857f—9. Establishment of standards—Study; report;
hearing; issuance of regulations
(a) (1) Within 90 days after December 31,1970, the Adminis-
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H trator shall commence a study and investigation of emissions of
air pollutants from aircraft in order to determine—
(A) The extent to which such emissions affect air quality
in air quality control regions throughout the United States,
and
(B) the technological feasibility of controlling such emis-
• sions.
(2) Within 180 days after commencing such study and investi-
gation, the Administrator shall publish a report of such study and
• investigation and shall issue proposed emission standards applica-
ble to emissions of any air pollutant from any class or classes of
aircraft or aircraft engines which in his judgment cause or con-
tribute to or are likely to cause or contribute to air pollution
• which endangers the public health or welfare.
(3) The Administrator shall hold public hearings with respect
to such proposed standards. Such hearings shall, to the extent
• practicable, be held in air quality control regions which are most
seriously affected by aircraft emissions. Within 90 days after the
issuance of such proposed regulations, he shall issue such regula-
^_ tions with such modifications as he deems appropriate. Such regu-
• lations may be revised from time to time.
Effective date of regulations
(b) Any regulation prescribed under this section (and any revi-
• sion thereof) shall take effect after such period as the Administra-
™ tor finds necessary (after consultation with the Secretary of
Transportation) to permit the development and application of the
• requisite technology, giving appropriate consideration to the cost
of compliance within such period.
Consultation with Secretary of Transportation
|(c) Any regulations under this section, or amendments thereto,
with respect to aircraft, shall be prescribed only after consultation
with the Secretary of Transportation in order to assure appropri-
ate consideration for aircraft safety.
• July 14, 1955, c. 360, Title II, § 231, as added Dec. 31,1970, Pub.L.
91-604, § 11 (a), (1), 84 Stat. 1703.
§ 1857f—10. Enforcement of standards; regulations by Secre-
• tary of Transportation; proceedings to amend, modify, suspend,
or revoke certificates
(a) The Secretary of Transportation, after consultation with
• the Administrator, shall prescribe regulations to insure compli-
ance with all standards prescribed under section 1857f—9 of this
title by the Administrator. The regulations of the Secretary of
Transportation shall include provisions making such standards
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42 § 1857f—10 EPA CURRENT LAWS—AIR
applicable in the issuance, amendment, modification, suspension, •
or revocation of any certificate authorized by the Federal Aviation . ™
Act or the Department of Transportation Act. Such Secretary
shall insure that all necessary inspections are accomplished, and, fll
may execute any power or duty vested in him by any other provi- •
sion of law in the execution of all powers and duties vested in him
under this section.
(b) In any action to amend, modify, suspend, or revoke a certif-
icate in which violation of an emission standard prescribed under
section 1857f—9 of this title or of a regulation prescribed under
subsection (a) of this section is at issue, the certificate holder
shall have the same notice and appeal rights as are prescribed for
such holders in the Federal Aviation Act of 1958 or the Depart-
ment of Transportation Act, except that in any appeal to the
National Transportation Safety Board, the Board may amend,
modify, or revoke the order of the Secretary of Transportation
only if it finds no violation of such standard or regulation and that •
such amendment, modification, or revocation is consistent with •
safety in air transportation.
July 14,1955, c. 360, Title II, § 232, as added Dec. 31, 1970, Pub. L.
91-604, § 11 (a) (1), 84 Stat. 1704. •
§ 18571'—11. State standards and controls
No State or political subdivision thereof may adopt or attempt
to enforce any standard respecting emissions of any air pollutant
from any aircraft or engine thereof unless such standard is identi-
cal to a standard applicable to such aircraft under this part.
July 14,1955, c. 360, Title II, § 233, as added Dec. 31, 1970, Pub. L.
91-604, § 11(a) (1), 84 Stat. 1704.
§ 1857f—12. Definitions
Terms used in this part (other than Administrator) shall have
the same meaning as such terms have under section 1301 of Title
49.
July 14, 1955, c. 360, Title II,§ 234, as added Dec. 31, 1970, Pub.L.
91-604, § 11 (a) (1), 84 Stat. 1705.
SUBCHAPTER III.—GENERAL PROVISIONS
§ 1857g. Administration—Regulations; delegation of powers of
Administrator
(a) The Administrator is authorized to prescribe such regula-
tions as are necessary to carry out his functions under this chap-
ter. The Administrator may delegate to any officer or employee of
the Environmental Protection Agency such of his powers and du- ^^
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CLEAN AIR ACT 42 § 1857f—6e
ties under this chapter, except the making of regulations, as he
may deem necessary or expedient.
• Detail of Environmental Protection Agency personnel to
air pollution control agencies
(b) Upon the request of an air pollution control agency, person-
nel of the Environmental Protection Agency may be detailed to
H such agency for the purpose of carrying out the provisions of this
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chapter.
Payments under grants; installments; advances or reimbursement
(c) Payments under grants made under this chapter may be
made in installments, and in advance or by way of reimbursement,
as may be determined by the Administrator.
July 14, 1955, c. 360, Title III, § 301, formerly § 8, as added Dec.
17, 1963, Pub.L. 88-206, § 1, 77 Stat. 400, renumbered Oct. 20,
1965, Pub.L. 89-272, Title I, § 101(4), 79 Stat. 992, Nov. 21, 1967,
Pub.L. 90-148, § 2, 81 Stat. 504, amended Dec. 31, 1970, Pub.L.
91-604, §§3(b) (2),15(c) (2), 84 Stat. 1677, 1713.
§ 1857h. Definitions
When used in this chapter—
(a) The term "Administrator" means the Administrator of the
Environmental Protection Agency.
(b) The term "air pollution control agency" means any of the
following:
(1) A single State agency designated by the Governor of
that State as the official State air pollution control agency for
purposes of this chapter;
(2) An agency established by two or more States and hav-
ing substantial powers or duties pertaining to the prevention
and control of air pollution;
(3) A city, county, or other local government health au-
thority, or, in the case of any city, county, or other local
government in which there is an agency other than the health
authority charged with responsibility for enforcing ordi-
nances or laws relating to the prevention and control of air
pollution, such other agency; or
(4) An agency of two or more municipalities located in the
same State or in different States and having substantial pow-
ers or duties pertaining to the prevention and control of air
pollution.
(c) The term "interstate air pollution control agency" means—
(1) an air pollution control agency established by two or
more States, or
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(2) an air pollution control agency of two or more munici- •
palities located in different States.
(d) The term "State" means a State, the District of Columbia,
the Commonwealth of Puerto Rice, the Virgin Islands, Guam, and fl|
American Samoa. H
(e) The term "person" includes an individual, corporation,
partnership, association, State, municipality, and political subdivi-
si on of a State.
(f) The term "municipality" means a city, town, borough,
county, parish, district, or other public body created by or pur-
suant to State law.
(g) The term "air pollutant" means an air pollution agent or
combination of such agents.
(h) All language referring to effects on welfare includes, but is
not limited to, effects on soils, water, crops, vegetation, manmade
materials, animals, wildlife, weather, visibility, and climate, dam-
age to and deterioration of property, and hazards to transporta-
tion, as well as effect on economic values and on personal comfort
and well-being.
July 14, 1955, c. 360, Title III, § 302, formerly § 9, as added Dec.
17, 1963, Pub.L. 88-206, § 1, 77 Stat. 400, renumbered Oct. 20,
1965, Pub.L. 89-272, Title I, § 101 (4), 79 Stat. 992, Nov. 21, 1967,
Pub.L. 90-148,§ 2, 81 Stat. 504, amended Dec. 31, 1970, Pub.L.
91-604, § 15 (a) (1), (c) (1), 84 Stat. 1710,1713.
§ 1857h—1. Emergency powers
Notwithstanding any other provision of this chapter, the Ad-
ministrator, upon receipt of evidence that a pollution source or
combination of sources (including moving sources) is presenting
an imminent and substantial endangerment to the health of per-
sons, and that appropriate State or local authorities have not acted
to abate such sources, may bring suit on behalf of the United
States in the appropriate United States district court to immedi-
ately restrain any person causing or contributing to the alleged mm
pollution to stop the emission of air pollutants causing or contrib- H
uting to such pollution or to take such other action as may be
necessary.
July 14, 1955, c. 360, Title III, § 303, as added Dec. 31, 1970, I
Pub.L. 91-604, § 12 (a), 84 Stat. 1705. •
§ 1857h—2. Citizen suits—Establishment of right to bring suit
(a) Except as provided in subsection (b) of this section, any
person may commence a civil action on his own behalf—
(1) against any person (including (i) the United States,
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CLEAN AIR ACT 42 § 1857h—2
and (ii) any other governmental instrumentality or agency to
the extent permitted by the Eleventh Amendment to the Con-
stitution) who is alleged to be in violation of (A) an emission
•I standard or limitation under this chapter or (B) an order
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issued by the Administrator or a State with respect to such a
standard or limitation, or
(2) against the Administrator where there is alleged a
failure of the Administrator to perform any act or duty under
this chapter which is not discretionary with the Administra-
tor.
The district courts shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to enforce
such an emission standard or limitation, or such an order, or to
order the Administrator to perform such act or duty, as the case
may be.
Notice
(b) No action may be commenced—
(1) under subsection (a) (1) of this section—
(A) prior to 60 days after the plaintiff has given no-
tice of the violation (i) to the Administrator, (ii) to the
State in which the violation occurs, and (iii) to any
alleged violator of the standard, limitation, or order, or
(B) if the Administrator or State has commenced and
is diligently prosecuting a civil action in a court of the
United States or a State to require compliance with the
standard, limitation, or order, but in any such action in a
court of the United States any person may intervene as a
matter of right.
(2) under subsection (a) (2) of this section prior to 60
days after the plaintiff has given notice of such action to the
Administrator,
except that such action may be brought immediately after such
notification in the case of an action under this section respecting a
violation of section 1857c—7(c) (1) (B) of this title or an order
issued by the Administrator pursuant to section 1857c—8 (a) of
this title. Notice under this subsection shall be given in such man-
ner as the Administrator shall prescribe by regulation.
Venue; intervention by Administrator
(c) (1) Any action respecting a violation by a stationary source
of an emission standard or limitation or an order respecting such
standard or limitation may be brought only in the j udicial district
in which such source is located.
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(2) In such action under this section, the Administrator, if not •
a party, may intervene as a matter of right.
Award of costs; security
(d) The court, in issuing any final order in any action brought
pursuant to subsection (a) of this section, may award costs of
litigation (including reasonable attorney and expert witness fees) ^
to any party, whenever the court determines such award is appro- •
priate. The court may, if a temporary restraining order or prelim- ™
inary injunction is sought, require the filing of a bond or equiva-
lent security in accordance with .the Federal Rules of Civil Proce- H
dure. •
Non-restriction of other rights
(e) Nothing in this section shall restrict any right which any
person (or class of persons) may have under any statute or com-
mon law to seek enforcement of any emission standard or limita-
tion or to seek any other relief (including relief against the Ad-
ministrator or a State agency).
Definition
(f) For purposes of this section, the term "emission standard or
limitation under this chapter" means—
(1) a schedule or timetable of compliance, emission limita-
tion, standard of performance or emission standard, or M
(2) a control or prohibition respecting a motor vehicle fuel •
or fuel additive,
which is in effect under this chapter (including a requirement ^^
applicable by reason of section 1857f of this title) or under an •
applicable implementation plan. ™
July 14, 1955, c. 360, Title III, § 304, as added Dec. 31, 1970,
Pub.L. 91-604,§ 12 (a), 84 Stat. 1706. •
§ 1857h—3. Legal representation of Administrator and appear- ^*
ance by Attorney General
The Administrator shall request the Attorney General to appear |B
and represent him in any civil action instituted under this chapter H
to which the Administrator is a party. Unless the Attorney Gen-
eral notifies the Administrator that he will appear in such action
within a reasonable time, attorneys appointed by the Administra-
tor shall appear and represent him.
July 14, 1955, c. 360, Title III.S 305, as added Dec. 3.1, 1970,
Pub.L. 91-604, § 12(a), 84 Stat. 1707.
§ 1857h—4. Federal procurement—Contracts with violators pro-
hibited
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CLEAN AIR ACT 42 § I857h—4
(a) No Federal agency may enter into any contract with any
person who is convicted of any offense under section 1857c—8(c)
(1) of this title for the procurement of goods, materials, and
services to perform such contract at any facility at which the
violation which gave rise to such conviction occurred if such facil-
ity is owned, leased, or supervised by such person. The prohibition
in the preceding sentence shall continue until the Administrator
certifies that the condition giving rise to such a conviction has
been corrected.
Notification procedures
(b) The Administrator shall establish procedures to provide all
Federal agencies with the notification necessary for the purposes
of subsection (a) of this section.
Federal agency contracts
(c) In order to implement the purposes and policy of this chap-
ter to protect and enhance the quality of the Nation's air, the
President shall, not more than 180 days after December 31, 1970,
cause to be issued an order (1) requiring each Federal agency
authorized to enter into contracts and each Federal agency which
is empowered to extend Federal assistance by way of grant, loan,
or contract to effectuate the purpose and policy of this chapter in
such contracting or assistance activities, and (2) setting forth
procedures, sanctions, penalties, and such other provisions, as the
President determines necessary to carry out such requirement.
Exemptions; notification to Congress
(d) The President may exempt any contract, loan, or grant
from all or part of the provisions of this section where he deter-
mines such exemption is necessary in the paramount interest of
the United States and he shall notify the Congress of such exemp-
tion.
Annual report to Congress
(e) The President shall annually report to the Congress on
measures taken toward implementing the purpose and intent of
this section, including but not limited to the progress and prob-
lems associated with implementation of this section.
July 14, 1955, c. 360, Title III, § 306, as added Dec. 31, 1970,
Pub.L. 91-604,§ 12(a), 84 Stat. 1707.
§ 1857h—5. Administrative proceedings and judicial review
(a) (1) 1 In connection with any determination under section
1857c—5 (f) of this title or section 1857f—l(b) (5) of this title,
1 So in original. Subsec. (a) was enacted without a par. (2).
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or for purposes of obtaining information under section 1857f— - ™
1 (b) (4) or 1857f—6c (c) (3) of this title, the Administrator may
issue subpenas for the attendance and testimony of witnesses and fl
the production of relevant papers, books, and documents, and he mm
may administer oaths. Except for emission data, upon a showing
satisfactory to the Administrator by such owner or operator that
such papers, books, documents, or information or particular part
thereof, if made public, would divulge trade secrets or secret proc-
esses of such owner or operator, the Administrator shall consider
such record, report, or information or particular portion thereof
confidential in accordance with the purposes of section 1905 of
Title 18, except that such paper, book, document, or information
may be disclosed to other officers, employees, or authorized repre-
sentatives of the United States concerned with carrying out this
chapter, to persons carrying out the National Academy of Sci-
ences' study and investigation provided for in section 1857f—l(c)
of this title, or when relevant in any proceeding under this chap-
ter. Witnesses summoned shall be paid the same fees and mileage
that are paid witnesses in the courts of the United States. In case «•
of contumacy or refusal to obey a subpena served upon any person •
under this subparagraph, the district court of the United States
for any district in which such person is found or resides or trans-
acts business, upon application 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 before the
Administrator to appear and produce papers, books, and docu-
ments before the Administrator, or both, and any failure to obey
such order of the court may be punished by such court as a
contempt thereof. ift
(b) (1) A petition for review of action of the Administrator in •
promulgating any national primary or secondary ambient air qual-
ity standard, any emission standard under section 1857c—7 of _
this title, any standard of performance under section 1857c—6 of •
this title, any standard under section 1857f—1 of this title (other ™
than a standard required to be prescribed under section 1857f—
l(b) (1) of this title), any determination under section 1857f—
ICb) (5) of this title, any control or prohibition under section
1857f—6c of this title, or any standard under section 1857f—9 of
this title may be filed only in the United States Court of Appeals
for the District of Columbia. A petition for review of the Admin-
istrator's action in approving or promulgating any implementation
plan under section 1857c—5 of this title or section 1857c—6(d) of «
this title may be filed only in the United States Court of Appeals •
for the appropriate circuit. Any such petition shall be filed within
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CLEAN AIR ACT 42 § 1857h—5
30 days from the date of such promulgation or approval, or after
such date if such petition is based solely on grounds arising after
such 30th day.
(2) Action of the Administrator with respect to which review
could have been obtained under paragraph (1) shall not be subject
to judicial review in civil or criminal proceedings for enforcement.
(c) In any judicial proceeding in which review is sought of a
determination under this chapter required to be made on the
record after notice and opportunity for hearing, if any party ap-
plies to the court for leave to adduce additional evidence, and
shows to the satisfaction of the court that such additional evidence
is material and that there were reasonable grounds for the failure
to adduce such evidence in the proceeding before the Administra-
tor, the court may order such additional evidence (and evidence in
rebuttal thereof) to be taken before the Administrator, in such
manner and upon such terms and conditions as the court may
deem proper. The Administrator may modify his findings as to the
facts, or make new findings, by reason of the additional evidence
so taken and he shall file such modified or new findings, and his
recommendation, if any, for the modification or setting aside of
his original determination, with the return of such additional evi-
dence.
July 14, 1955, c. 360, Title III, § 307, as added Dec. 31, 1970,
Pub.L. 91-604, § 12(a), 84 Stat. 1707, and amended Nov. 18, 1971,
Pub.L. 92-157, Title III, § 302(a), 85 Stat. 464.
§ 1857h—6. Mandatory licensing
Whenever the Attorney General determines, upon application of
the Administrator—
(1) that—
(A) in the implementation of the requirements of sec-
tion 1857c—6, 1857c—7 or 1857f—1 of this title, a right
under any United States letters patent, which is being
used or intended for public or commercial use and not
otherwise reasonably available, is necessary to enable
any person required to comply with such limitation to so
comply, and
(B) there are no reasonable alternative methods to
accomplish such purpose, and
(2) that the unavailability of such right may result in a
substantial lessening of competition or tendency to create a
monopoly in any line of commerce in any section of the coun-
try,
the Attorney General may so certify to a district court of the
United States, which may issue an order requiring the person who
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42 § 1857h—6 EPA CURRENT LAWS—Are
owns such patent to license it on such reasonable terms and condi-
tions as the court, after hearing, may determine. Such certification
may be made to the district court for the district in which the •
person owning the patent resides, does business, or is found. •
July 4, 1955, c. 360, Title III, § 308, as added Dec. 31, 1970, Pub.L.
9.1-604, § 12 (a), 84 Stat. 1708.
§ 1857h—7. Policy review
(a) The Administrator shall review and comment in writing on
the environmental impact of any matter relating to duties and
responsibilities granted pursuant to this chapter or other provi-
sions of the authority of the Administrator, contained in any (1)
legislation proposed by any Federal department or agency, (2)
newly authorized Federal projects for construction and any major
Federal agency action (other than a project for construction) to
which section 4332(2) (C) of this title applies, and (3) proposed _
regulations published by any department or agency of the Federal •
Government. Such written comment shall be made public at the ™
conclusion of any such review.
(b) In the event the Administrator determines that any such H
legislation, action, or regulation is unsatisfactory from the stand- H
point of public health or welfare or environmental quality, he shall
publish his determination and the matter 'shall be referred to the
Council on Environmental Quality.
July 14, 1955, c. 360, § 309, as added Dec. 31, 1970, Pub.L. 91-604,
§ 12(a), 84 Stat. 1709. —
§ 18571. Application to other laws; nonduplication of appropria- •
tions
(a) Except as provided in subsection (b) of this section, this m*
chapter shall not be construed as superseding or limiting the au- •
thorities and responsibilities, under any other provision of law, of
the Administrator or any other Federal officer, department, or
agency. H
(b) No appropriation shall be authorized or made under section
241, 243, or 246 of this title for any fiscal year after the fiscal year
ending June 30, 1964, for any purpose for which appropriations H
may be made under authority of this chapter. •
July 14, 1955, c. 360, Title III, § 310, formerly § 10, as added Dec.
17, 1963, Pub.L. 88-206, § 1, 77 Stat. 401, renumbered § 303, Oct.
20, 1965, Pub.L. 89-272, Title I, § 101(4), 79 Stat. 992, amended
Nov. 21, 1967, Pub.L. 90-148,§ 2, 81 Stat. 505, renumbered § 310
and amended Dec. 31, 1970, Pub.L. 91-604, §§ 12(a), 15(c) (2), m
84 Stat. 1705,1713. •
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§ 1857J. Records and audit
(a) Each recipient of assistance under this chapter shall keep
such records as the Administrator shall prescribe, including rec-
ords which fully disclose the amount and disposition by such recip-
ient of the proceeds of such assistance, the total cost of the project
or undertaking in connection 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.
(b) The Administrator and the Comptroller General of the Un-
ited States, or any of their duly authorized representatives, shall
have access for the purpose of audit and examinations to any
books, documents, papers, and records of the recipients that are
pertinent to the grants received under this chapter.
July 14, 1955, c. 360, Title III, § 311, formerly § 11, as added Dec.
17, 1963, Pub.L. 88-206, § 1, 77 Stat. 401, renumbered § 304, Oct.
20, 1965, Pub.L. 89-272, Title I, § 101(4), 79 Stat. 992, amended
Nov. 21, 1967, Pub.L. 90-148, § 2, 81 Stat. 505, renumbered § 311
and amended Dec. 31, 1970, Pub.L. 91-604, §§ 12(a), 15(c) (2),
84 Stat. 1705,1713.
§ 1857J—1. Comprehensive economic cost studies
(a) In order to provide the basis for evaluating programs au-
thorized by this chapter and the development of new programs
and to furnish the Congress with the information necessary for
authorization of appropriations by fiscal years beginning after
June 30, 1969, the Administrator, in cooperation with State, inter-
state, and local air pollution control agencies, shall make a detailed
estimate of the cost of carrying out the provisions of this chapter;
a comprehensive study of the cost of program implementation by
affected units of government; and a comprehensive study of the
economic impact of air quality standards on the Nation's indus-
tries, communities, and other contributing sources of pollution,
including an analysis of the national requirements for and the cost
of controlling emissions to attain such standards of air quality as
may be established pursuant to this chapter or applicable State
law. The Administrator shall submit such detailed estimate and
the results of such comprehensive study of cost for the five-year
period beginning July 1, 1969, and the results of such other stud-
ies, to the Congress not later than January 10, 1969, and shall
submit a reevaluation of such estimate and studies annually there-
after.
(b) The Administrator shall also make a complete investigation
and study to determine (1) the need for additional trained State
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and local personnel to carry out programs assisted pursuant to H
this chapter and other programs for the same purpose as this - ™
chapter; (2) means of using existing Federal training programs
to train such personnel; and (3) the need for additional trained
personnel to develop, operate and maintain those pollution control
facilities designed and installed to implement air quality stand-
ards. He shall report the results of such investigation and study to ••
the President and the Congress not later than July 1, 1969. H
July 14, 1955, c. 360, Title III, § 312, formerly § 305, as added
Nov. 21, 1967, Pub.L. 90-148, § 2, 81 Stat. 505, renumbered and _
amended Dec. 31, 1970, Pub.L. 91-604, §§ 12(a), 15(c) (2), 84 •
Stat. 1705,1713. •
§ 1857J—2. Additional reports to Congress
Not later than six months after November 21, 1967, and not
later than January 10 of each calendar year beginning after such
date, the Administrator shall report to the Congress on measures
taken toward implementing the purpose and intent of this chapter
including, but not limited to, (1) the progress and problems asso-
ciated with control of automotive exhaust emissions and the re-
search efforts related thereto; (2) the development of air quality
criteria and recommended emission control requirements; (3) the
status of enforcement actions taken pursuant to this chapter; (4)
the status of State ambient air standards setting, including such
plans for implementation and enforcement as have been devel-
oped; (5) the extent of development and expansion of air pollu-
tion monitoring systems; (6) progress and problems related to
development of new and improved control techniques; (7) the
development of quantitative and qualitative instrumentation to
monitor emissions and air quality; (8) standards set or under
consideration pursuant to subchapter II of this chapter; (9) the
status of State, interstate, and local pollution control programs
established pursuant to and assisted by this chapter; and (10) the
reports and recommendations made by the President's Air Quality
Advisory Board.
July 14, 1955, c. 360, Title III, § 313, formerly § 306, as added
Nov. 21, 1967, Pub.L. 90-148, § 2, 81 Stat. 506, renumbered and
amended Dec. 31, 1970, Pub.L. 91-604, §§ 12(a), 15(c) (2), 84
Stat. 1705,1713.
§ 1857J—3. Labor standards
The Administrator shall take such action as may be necessary to
insure that all laborers and mechanics employed by contractors or
subcontractors on projects assisted under this chapter shall be _
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paid wages at rates not less than those prevailing for the same
type of work on similar construction in the 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. The Secretary
of Labor shall have, with respect to the labor standards specified
in this subsection, the authority and functions set forth in
Reorganization Plan Numbered 14 of 1950 and section 276c of
Title 40. July 14, 1955, c. 360, Title III, § 314, formerly § 307, as
added Nov. 21,1967, Pub.L. 90-148, § 2, 81 Stat. 506, renumbered
and amended Dec. 31, 1970, Pub.L. 91-604, §§ 12(a), 15(c) (2), 84
Stat. 1705, 1713.
§ 1857k. Separability of provisions
If any provision of this chapter, or the application of any
provision of this chapter to any person or circumstance, is held
invalid, the application of such provision to other persons or
circumstances, and the remainder of this chapter, shall not be
affected thereby.
July 14,1955, c. 360, Title III, § 308, formerly § 12, as added Dec.
17,1963, Pub.L. 88-206, § 1,77 Stat. 401, renumbered § 305, Oct. 20,
1965, Pub.L. 89-272, Title I, § 101(4), 79 Stat. 992, amended and
renumbered § 308, Nov. 21,1967, Pub.L. 90-148, § 2, 81 Stat. 506,
Section 308 of Act July 14,1955, was renumbered section 315 by
Pub.L. 91-604, § 12(a), Dec. 31, 1970, 84 Stat. 1705.
§ 1857/. Appropriations
There are authorized to be appropriated to carry out this
chapter, other than sections 1857b (f) (3) and (d), 1857b—1,
1857f—6e, and 1858a of this title, $125,000,000 for the fiscal year
ending June 30,1971, $225,000,000 for the fiscal year ending June
30,1972, $300,000,000 for the fiscal year ending June 30,1973, and
$300,000,000 for the fiscal year ending June 30, 1974.
July 14, 1955, c. 360, Title III, § 316, formerly § 13, as added Dec.
17, 1963, Pub.L. 88-206, § 1, 77 Stat. 401, renumbered § 306, and
amended Oct. 20, 1965, Pub.L. 89-272, Title I, § 101(4), (6), (7), 79
Stat. 992; Oct. 15, 1966, Pub.L. 89-675, § 2(a), 80 Stat. 954,
renumbered § 309, and amended Nov. 21,1967, Pub.L. 90-148, § 2,
81 Stat. 506, renumbered § 316, and amended Dec. 31,1970, Pub.L.
91-604, §§ 12(a), 13(b), 84 Stat. 1705, 1709; Apr. 9, 1973, Pub.L.
93-15, § l(c), 87 Stat. 11.
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PUBLIC CONTRACTS, ADVERTISEMENTS FOR PROPOSALS
FOR PURCHASES AND CONTRACTS FOR SUPPLIES OR
SERVICES FOR GOVERNMENT DEPARTMENTS; APPLI-
CATION TO GOVERNMENT SALES AND CONTRACTS
TO SELL AND TO GOVERNMENT CORPORATIONS
41 § 5
Unless otherwise provided in the appropriation concerned or
other law purchases and contracts for supplies or services for the
Government may be made or entered into only after advertising a
sufficient time previously for proposals, except (1) when the
amount involved in any one case does not exceed $2,500, (2) when
the public exigencies require the immediate delivery of the articles
or performance of the service, (3) when only one source of supply
is available and the Government purchasing or contracting officer
shall so certify, or (4) when the services are required to be per-
formed by the contractor in person and are (A) of a technical and
professional nature or (B) under Government supervision and
paid for on a time basis. Except (1) as authorized by section 1638
of Appendix to Title 50, (2) when otherwise authorized by law, or
(3) when the reasonable value involved in any one case does not
exceed $500, sales and contracts of sale by the Government shall
be governed by the requirements of this section for advertising.
In the case of wholly owned Government corporations, this sec-
tion shall apply to their administrative transactions only. R.S. §
3709; Aug. 2, 1946, c. 744, § 9(a), (c), 60 Stat. 809; June 30,
1949, c. 288, Title VI, § 602(f), formerly Title V, § 502(e), 63
Stat. 400, renumbered Sept. 5, 1950, c. 849, §§ 6(a), (b), 8(c), 64
Stat. 583; Aug. 28, 1958, Pub.L. 85-800, § 7, 72 Stat. 967.
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ADVANCES OF PUBLIC MONEYS; PROHIBITION AGAINST
31 § 529
No advance of public money shall be made in any case unless
authorized by the appropriation concerned or other law. And in all
cases of contracts for the performance of any service, or the
delivery of articles of any description, for the use of the United
States, payment shall not exceed the value of the service rendered,
or of the articles delivered previously to such payment. It shall,
however, be lawful, under the special direction of the President, to
make such advances to the disbursing officers of the Government
as may be necessary to the faithful and prompt discharge of their
respective duties, and to the fulfillment of the public engagements.
The President may also direct such advances as he may deem
necessary and proper, to persons in the military and naval service
employed on distant stations, where the discharge of the pay and
emoluments to which they may be entitled cannot be regularly
effected. R.S. § 3648; Aug. 2,1946, c. 744, § 11, 60 Stat. 809.
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CONTRACTS: ACQUISITION, CONSTRUCTION, OR FUR-
NISHING OF TEST FACILITIES AND EQUIPMENT
10 § 2353
(a) A contract of a military department for research or devel-
opment, or both, may provide for the acquisition or construction
by, or furnishing to, the contractor, of research, developmental, or
test facilities and equipment that the Secretary of the military
department concerned determines to be necessary for the perform-
ance of the contract. The facilities and equipment, and specialized
housing for them, may be acquired or constructed at the expense
of the United States, and may be lent or leased to the contractor
with or without reimbursement, or may be sold to him at fair
value. This subsection does not authorize new construction or im-
provements having general utility.
(b) Facilities that would not be readily removable or separable
without unreasonable expense or unreasonable loss of value may
not be installed or constructed under this section on property not
owned by the United States, unless the contract contains—
(1) a provision for reimbursing the United States for the
fair value of the facilities at the completion or termination of
the contract or within a reasonable time thereafter;
(2) an option in the United States to acquire the underly-
ing land; or
(3) an alternative provision that the Secretary concerned
considers to be adequate to protect the interests of the United
States in the facilities.
(c) Proceeds of sales or reimbursements under this section shall
be paid into the Treasury as miscellaneous receipts, except to the
extent otherwise authorized by law with respect to property ac-
quired by the contractor. Aug. ,10, 1956, c. 1041, 70A Stat. 134.
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RECORD ON REVIEW AND ENFORCEMENT OF
AGENCY ORDERS
28 § 2112
(a) The rules prescribed under the authority of section 2072 of
this title may provide for the time and manner of filing and the
contents of the record in all proceedings instituted in the courts of
appeals to enjoin, set aside, suspend, modify, or otherwise review
or enforce orders of administrative agencies, boards, commissions,
and officers. Such rules may authorize the agency, board, commis-
sion, or officer to file in the court a certified list of the materials
comprising the record and retain and hold for the court all such
materials and transmit the same or any part thereof to the court,
when and as required by it, at any time prior to the final determi-
nation of the proceeding, and such filing of such certified list of
the materals comprising the record and such subsequent trans-
mittal of any such materials when and as required shall be deemed
full compliance with any provision of law requiring the filing of
the record in the court. The record in such proceedings shall be
certified and filed in or held for and transmitted to the court of
appeals by the agency, board, commission, or officer concerned
within the time and in the manner prescribed by such rules. If
proceedings have been instituted in two or more courts of appeals
with respect to the same order the agency, board, commission, or
officer concerned shall file the record in that one of such courts in
which a proceeding with respect to such order was first instituted.
The other courts in which such proceedings are pending shall
thereupon transfer them to the court of appeals in which the
record has been filed. For the convenience of the parties in the
interest of justice such court may thereafter transfer all the pro-
ceedings with respect to such order to any other court of appeals.
(b) The record to be filed in the court of appeals in such a
proceeding shall consist of the order sought to be reviewed or
enforced, the findings or report upon which it is based, and the
pleadings, evidence, and proceedings before the agency, board,
commission, or officer concerned, or such portions thereof (1) as
the rules prescribed under the authority of section 2072 of this
title may require to be included therein, or (2) as the agency,
board, commission, or officer concerned, the petitioner for review
or respondent in enforcement, as the case may be, and any inter-
venor in the court proceeding by written stipulation filed with the
agency, board, commission, or officer concerned or in the court in
any such proceeding may consistently with the rules prescribed
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28 § 2112 EPA CURRENT LAWS—Am
under the authority of section 2072 of this title designate to be * ||
included therein, or (3) as the court upon motion of a party or,
after a prehearing conference, upon its own motion may by order
in any such proceeding designate to be included therein. Such a
stipulation or order may provide in an appropriate case that no
record need be filed in the court of appeals. If, however, the cor-
rectness of a finding of fact by the agency, board, commission, or
officer is in question all of the evidence before the agency, board,
commission, or officer shall be included in the record except such
as the agency, board, commission, or officer concerned, the peti-
tioner for review or respondent in enforcement, as the case may
be, and any intervenor in the court proceeding by written stipula-
tion filed with the agency, board, commission, or officer concerned
or in the court agree to omit as wholly immaterial to the ques-
tioned finding. If there is omitted from the record any portion of
the proceedings before the agency, board, commission, or officer
which the court subsequently determines to be proper for it to
consider to enable it to review or enforce the order in question the
court may direct that such additional portion of the proceedings
be filed as a supplement to the record. The agency, board, commis- II
sion, or officer concerned may, at its option and without regard to •§
the foregoing provisions of this subsection, and if so requested by
the petitioner for review or respondent in enforcement shall, file im
in the court the entire record of the proceedings before it without H
abbreviation.
(c) The agency, board, commission, or officer concerned may
transmit to the court of appeals the original papers comprising the
whole or any part of the record or any supplemental record, other-
wise true copies of such papers certified by an authorized officer of
deputy of the agency, board, commission, or officer concerned shall
be transmitted. Any original papers thus transmitted to the court
of appeals shall be returned to the agency, board, commission, or
officer concerned upon the final determination of the review or
enforcement proceeding. Pending such final determination any
such papers may be returned by the court temporarily to the
custody of the agency, board, commission, or officer concerned if
needed for the transaction of the public business. Certified copies
of any papers included in the record or any supplemental record
may also be returned to the agency, board, commission, or officer
concerned upon the final determination of review or enforcement
proceedings.
(d) The provisions of this section are not applicable to proceed-
ings to review decisions of the Tax Court of the United States or
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RECORD ON REVIEW 28 § 2112
to proceedings to review or enforce those orders of administrative
agencies, boards, commissions, or officers which are by law review-
able or enforceable by the district courts. Added Pub.L. 85-791, §
2, Aug. 28, 1958, 72 Stat. 941, as amended Pub.L. 89-773, § 5(a),
(b), Nov. 6,1966, 80 Stat. 1323.
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DISCLOSURE OF CONFIDENTIAL INFORMATION
GENERALLY
18 § 1905
Whoever, being an officer or employee of the United States or of
any department or agency thereof, publishes, divulges, discloses,
or makes known in any manner or to any extent not authorized by
law any information coming to him in the course of his employ-
ment or official duties or by reason of any examination or investi-
gation made by, or return, report or record made to or filed with,
such department or agency or officer or employee thereof, which
information concerns or relates to the trade secrets, processes,
operations, style of work, or apparatus, or to the identity, confi-
dential statistical data, amount or source of any income, profits,
losses, or expenditures of any person, firm, partnership, corpora-
tion, or association; or permits any income return or copy thereof
or any book containing any abstract or particulars thereof to be
seen or examined by any person except as provided by law; shall
be fined not more than $1,000, or imprisoned not more than one
year, or both; and shall be removed from office or employment.
June 25,1948, c. 645, 62 Stat. 791.
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PER DIEM, TRAVEL, AND TRANSPORTATION EXPENSES;
EXPERTS AND CONSULTANTS; INDIVIDUALS SERV-
ING WITHOUT PAY
5 § 5703
(a) For the purpose of this section, "appropriation" includes
funds made available by statute under section 849 of title 31.
(b) An individual employed intermittently in the Government
service as an expert or consultant and paid on a daily when-actual-
ly-employed basis may be allowed travel expenses under this sub-
chapter while away from his home or regular place of business,
including a per diem allowance under this subchapter while at his
place of employment.
(c) An individual serving without pay or at $1 a year may be
allowed transportation expenses under this subchapter and a per
diem allowance under this section while en route and at his place
of service or employment away from his home or regular place of
business. Unless a higher rate is named in an appropriation or
other statute, the per diem allowance may not exceed—
(1) the rate of $25 for travel inside the continental United
States; and
(2) the rates established under section 5702 (a) of this title
for travel outside the continental United States.
(d) Under regulations prescribed under section 5707 of this
title, the head of the agency concerned may prescribe conditions
under which an individual to whom this section applies may be
reimbursed for the actual and necessary expenses of the trip, not
to exceed an amount named in the travel authorization, when the
maximum per diem allowance would be much less than these ex-
penses due to the unusual circumstances of the travel assignment.
The amount named in the travel authorization may not exceed—
(1) $40 for each day in a travel status inside the continen-
tal United States; or
(2) the maximum per diem allowance plus $18 for each day
in a travel status outside the continental United States.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 499; amended Pub.L. 91-114,
§ 2, Nov. 10,1969, 83 Stat. 190.
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§ 402. Highway safety programs
(a) Each State shall have a highway safety program
approved by the Secretary, designed to reduce traffic accidents
and deaths, injuries, and property damage resulting therefrom.
Such programs shall be in accordance with uniform standards
promulgated by the Secretary. Such uniform standards shall be
expressed in terms of performance criteria. Such uniform
standards shall be promulgated by the Secretary so as to
improve driver performance (including, but not limited to, driver
education, driver testing to determine proficiency to operate
motor vehicles, driver examinations (both physical and mental)
and driver licensing) and to improve pedestrian performance
and bicycle safety. In addition such uniform standards shall
include, but not be limited to, provisions for an effective record
system of accidents (including injuries and deaths resulting
therefrom), accident investigations to determine the probable
causes of accidents, injuries, and deaths, vehicle registration,
operation, and inspection, highway design and maintenance
(including lighting, markings, and surface treatment), traffic
control, vehicle codes and laws, surveillance of traffic for
detection and correction of high or potentially high accident
locations, and emergency services. Such standards as are
applicable to State highway safety programs shall, to the extent
determined appropriate by the Secretary, be applicable to
federally administered areas where a Federal department or
agency controls the highways or supervises traffic operations.
The Secretary shall be authorized to amend or waive standards
on a temporary basis for the purpose of evaluating new or
different highway safety programs instituted on an
experimental, pilot, or demonstration basis by one or more
States, where the Secretary finds that the public interest would
be served by such amendment or waiver.
(b) (1) The Secretary shall not approve any State highway
safety program under this section which does not—
(A) provide that the Governor of the State shall be
responsible for the administration of the program through a
State agency which shall have adequate powers, and be
suitably equipped and organized to carry out, to the
satisfaction of the Secretary, such program.
(B) authorize political subdivisions of such State to carry
out local highway safety programs within their jurisdictions
as a part of the State highway safety program if such local
highway safety programs are approved by the Governor and
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are in accordance with the uniform standards of the Secretary
promulgated under this section.
(C) provide that at least 40 per centum of all Federal funds
apportioned under this section to such State for any fiscal year II
will be expended by the political subdivisions of such State in |i
carrying out local highway safety programs authorized in
accordance with subparagraph (B) of this paragraph. mm
(D) provide that the aggregate expenditure of funds of the •
State and political subdivisions thereof, exclusive of Federal
funds, for highway safety programs will be maintained at a
level which does not fall below the average level of such
expenditures for its last two full fiscal years preceding the date
of enactment of this section.
(E) provide for comprehensive driver training programs,
including (1) the initiation of a State program for driver
education in the school systems or for a significant expansion
and improvement of such a program already in existence, to be
administered by appropriate school officials under the
supervision of the Governor as set forth in subparagraph (A) of
this paragraph; (2) the training of qualified school instructors
and their certification; (3) appropriate regulation of other H
driver training schools, including licensing of the schools and IB
certification of their instructors; (4) adult driver training
programs, and programs for the retraining of selected drivers; 9M
(5) adequate research, development and procurement of II
practice driving facilities, simulators, and other similar
teaching aids for both school and other driver training use, and
(6) driver education programs, including research, that will
assure greater safety for bicyclists using public roads in such
State.
(F) provide adequate and reasonable access for the safe IH
and convenient movement of physically handicapped persons, H
including those in wheelchairs, across curbs constructed or
replaced on or after July 1, 1976, at all pedestrian crosswalks mm
throughout the State. •
(2) The Secretary is authorized to waive the requirement of
subparagraph (C) of paragraph (1) of this subsection, in whole or
in part, for a fiscal year for any State whenever he determines
that there is an insufficient number of local highway safety
programs to justify the expenditure in such State of such
percentage of Federal funds during such fiscal year.
(c) Funds authorized to be appropriated to carry out this
section shall be used to aid the States to conduct the highway
safety programs approved in accordance with subsection (a) mm
74 Tt.ev.~70
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including development and implementation of manpower
training programs, and of demonstration programs that the
Secretary determines will contribute directly to the reduction of
accidents, and deaths and injuries resulting therefrom. Such
funds shall be subject to a deduction not to exceed 5 per centum
for the necessary costs of administering the provisions of this
section, and the remainder shall be apportioned among the
several States. For the fiscal years ending June 30,1967, June 30,
1968, and June 30, 1969, such funds shall be apportioned 75 per
centum on the basis of population and 25 per centum as the
Secretary in his administrative discretion may deem
appropriate and thereafter such funds shall be apportioned 75
per centum in the ratio which the population of each State bears
to the total population of all the States, as shown by the latest
available Federal census, and 25 per centum in the ratio which
the public road mileage in each State bears to the total public
road mileage in all States. For the purposes of this subsection, a
"public road" means any road under the jurisdiction of and
maintained by a public authority and open to public travel.
Public road mileage as used in this subsection shall be
determined as of the end of the calendar year preceding the year
in which the funds are apportioned and shall be certified to by
the Governor of the State and subject to approval by the
Secretary. The annual apportionment to each State shall not be
less than one-half of 1 per centum of the total apportionment.
After December 31, 1969, the Secretary shall not apportion any
funds under this subsection to any State which is not
implementing a highway safety program approved by the
Secretary in accordance with this section. Federal aid highway
funds apportioned on or after January 1,1970, to any State which
is not implementing a highway safety program approved by the
Secretary in accordance with this section shall be reduced by
amounts equal to 10 per centum of the amounts which would
otherwise be apportioned to such State under section 104 of this
title, until such time as such State is implementing an approved
highway safety program. Whenever he determines it to be in the
public interest, the Secretary may suspend, for such periods as
he deems necessary, the application of the preceding sentence to
a State. Any amount which is withheld from apportionment to
any State under this section shall be reapportioned to the other
States in accordance with the applicable provisions of law.
(d) All provisions of chapter 1 of this title that are applicable
to Federal-aid primary highway funds other than provisions
relating to the apportionment formula and provisions limiting
74 Rev.-71
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the expenditure of such funds to the Federal-aid systems, shall
apply to the highway safety funds authorized to be appropriated
to carry out this section, except as determined by the Secretary
to be inconsistent with this section, and except that the
aggregate of all expenditures made during any fiscal year by a
State and its political subdivisions (exclusive of Federal funds)
for carrying out the State highway safety program shall be
available for the purpose of crediting such State during such
fiscal year for the non-Federal share of the cost of any project
under this section without regard to whether such expenditures
were actually made in connection with such project and except
that, in the case of a local highway safety program carried out by
an Indian tribe, if the Secretary is satisfied that an Indian tribe
does not have sufficient funds available to meet the non-Federal
share of the cost of such program, he may increase the Federal
share of the cost thereof payable under this Act to the extent
necessary. In applying such provisions of chapter 1 in carrying
out this section the term "State highway department" as used in
such provisions shall mean the Governor of a State for the
purposes of this section.
(e) Uniform standards promulgated by the Secretary to carry
out this section shall be developed in cooperation with the States,
their political subdivisions, appropriate Federal departments
and agencies, and such other public and private organizations as
the Secretary deems appropriate.
(f) The Secretary may make arrangements with other
Federal departments and agencies for assistance in the
preparation of uniform standards for the highway safety
programs contemplated by subsection (a) and in the
administration of such programs. Such departments and
agencies are directed to cooperate in such preparation and
administration, on a reimbursable basis.
(g) Nothing in this section authorizes the appropriation or
expenditure of funds for (1) highway construction, maintenance,
or design (other than design of safety features of highways to be
incorporated into standards) or (2) any purpose for which funds
are authorized by section 403 of this title.
(h) Each uniform safety standard promulgated under this
section on or before July 1, 1973, shall continue in effect unless
otherwise specifically provided by law enacted after the date of
enactment of the Federal-aid Highway Act of 1973. The
Secretary shall not promulgate any other uniform safety
standard under this section (including by revision of a standard
continued in effect by the preceding sentence) unless otherwise
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specifically provided by law enacted after the date of enactment
of the Federal-aid Highway Act of 1973.
(i) For the purpose of the application of this section on Indian
reservations, "State" and "Governor of a State" includes the
Secretary of the Interior and "political subdivision of a State"
includes an Indian tribe: Provided, That, notwithstanding the
provisions of subparagraph (C) of subsection (b) (1) hereof, 95 per
centum of the funds apportioned to the Secretary of the Interior
after date of enactment, shall be expended by Indian tribes to
carry out highway safety programs within their jurisdictions:
And provided further, That the pro visions of subparagraph (E) of
subsection (b) (1) hereof shall be applicable except in those tribal
jurisdictions in which the Secretary determines such programs
would not be practicable.
(j) (1) In addition to other grants authorized by this section,
the Secretary may make incentive grants in each fiscal year to
those States which have adopted legislation requiring the use of
seatbelts in accordance with criteria which the Secretary shall
establish and publish. Such grants may only be used by recipient
States to further the purposes of this chapter. Such grants shall
be in addition to other funds authorized by this section. There is
hereby authorized to be appropriated to carry out this
paragraph, out of the Highway Trust Fund, not to exceed
$25,000,000 for the fiscal year ending June 30,1974, not to exceed
$32,000,000 for the fiscal year ending June 30, 1975, and not to
exceed $37,500,000 for the fiscal year ending June 30, 1976.
(2) In addition to other grants authorized by this section, the
Secretary may make additional incentive grants to those States
which have made the most significant progress in reducing
traffic fatalities based on the reduction in the rate of such
fatalities per one hundred million-vehicle miles during the
calendar year immediately preceding the fiscal year for which
such incentive funds are authorized compared with the average
annual rate of such fatalities for the four calendar year period
preceding such calendar year. Such incentive grants shall be
made in accordance with criteria which the Secretary shall
establish and publish. Such grants may only be used by recipient
States to further the purposes of this chapter. Such grants shall
be in addition to other funds authorized by this section. There is
hereby authorized to be appropriated to carry out this
paragraph, out of the Highway Trust Fund, not to exceed
$12,500,000 for the fiscal year ending June 30,1974, not to exceed
$16,000,000 for the fiscal year ending June 30, 1975, and not to
exceed $19,000,000 for the fiscal year ending June 30, 1976.
74 Rev.-73
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(3) Incentive awards authorized by this section shall not _
exceed 25 per centum of each State's apportionment as
authorized by this chapter.
Added Pub.L. 89-564, Title I § 101, Sept. 9, 1966, 80 Stat. 731, •
amended Pub.L. 90-495, § 13, Aug. 23, 1968, 82 Stat. 822; Pub.L. •
91-605, Title II, §§ 202(c)-(e), 203(a), Dec. 31, 1970, 84 Stat. 1740,
1741; Pub.L. 93-87, Title II, §§ 207,215-217,219,228,229,231, Aug.
13, 1973, 87 Stat. 285, 290, 293, 294.
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THE FEDERAL SALARY ACT
§ 5305. Annual pay reports and adjustments
(a) In order to carry out the policy stated in section 5301 of
this title, the President shall—
(1) direct such agent as he considers appropriate to pre-
pare and submit to him annually, after considering such
views and recommendations as may be submitted under the
provisions of subsection (b) of this section, a report that—
(A) compares the rates of pay of the statutory pay
systems with the rates of pay for the same levels of work
in private enterprise as determined on, the basis of ap-
propriate annual surveys that shall be conducted by the
Bureau of Labor Statistics;
(B) makes recommendations for appropriate adjust-
ments in rates of pay; and
(C) includes the views and recommendations submit-
ted under the provisions of subsection (b) of this sec-
tion;
(2) after considering the report of his agent and the find-
ings and recommendations of the Advisory Committee on
Federal Pay reported to him under section 5306(b) (3) of
this title, adjust the rates of pay of each statutory pay system
in accordance with the principles under section 5301 (a) of
this title, effective as of the beginning of the first applicable
pay period commencing on or after October 1 of the applica-
ble year; and
(3) transmit to Congress a report of the pay adjustment,
together with a copy of the report submitted to him by his
agent and the findings and recommendations of the Advisory
Committee on Federal Pay reported to him under section
5306 (b) (3) of this title.
(b) In carrying out its functions under subsection (a) (1) of
this section, the President's agent shall—
(1) establish a Federal Employees Pay Council of 5 mem-
bers who shall not be deemed to be employees of the Govern-
ment of the United States by reason of appointment to the
Council and shall not receive pay by reason of service as
members of the Council, who shall be representatives of em-
ployee organizations which represent substantial numbers of
employees under the statutory pay systems, and who shall be
selected with due consideration to such factors as the relative
numbers of employees represented by the various organiza-
tions, but no more than 3 members of the Council at any one
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5 § 5305 EPA CURRENT LAWS—Am
time shall be from a single employee organization, council, H
federation, alliance, association, or affiliation of employee or- " ™
ganizations;
(2) provide for meetings with the Federal Employees Pay
Council and give thorough consideration to the views and
recommendations of the Council and the individual views and
recommendations, if any, of the members of the Council re- •
garding— •
(A) the coverage of the annual survey conducted by
the Bureau of Labor Statistics under subsection (a) (1)
of this section (including, but not limited to, the occupa- H
tions, establishment sizes, industries, and geographical Hi
areas to be surveyed);
(B) the process of comparing the rates of pay of the
statutory pay systems with rates of pay for the same
levels of work in private enterprise; and
(C) the adjustments in the rates of pay of the statu-
tory pay systems that should be made to achieve compar-
ability between those rates and the rates of pay for the
same levels of work in private enterprise;
(3) give thorough consideration to the views and recom-
mendations of employee organizations not represented on the
Federal Employees Pay Council regarding the subjects in
paragraph (2) (A)-(C) of this subsection; and
(4) include in its report to the President the views and
recommendations submitted as provided in this subsection by
the Federal Employees Pay Council, by any member of that
Council, and by employee organizations not represented on
that Council.
(c) (1) If, because of national emergency or economic condi-
tions affecting the general welfare, the President should, in any
year, consider it inappropriate to make the pay adjustment re-
quired by subsection (a) of this section, he shall prepare and
transmit to Congress before September 1 of that year such alter-
native plan with respect to a pay adjustment as he considers
appropriate, together with the reasons therefor, in lieu of the pay
adjustments required by subsection (a) of this section.
(2) An alternative plan transmitted by the President under
paragraph (1) of this subsection becomes effective on the first day
of the first applicable pay period commencing on or after October
1 of the applicable year and continues in effect unless, before the
end of the first period of 30 calendar days of continuous session of
Congress after the date on which the alternative plan is transmit-
ted, either House adopts a resolution disapproving the alternative
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FED. SALAEY ACT 5 § 5305
• plan so recommended and submitted, in which case the pay adjust-
" ments for the statutory pay systems shall be made effective as
provided by subsection (m) of this section. The continuity of a
• session is broken only by an adjournment of the Congress sine die,
and the days on which either House is not in session because of an
adjournment of more than 3 days to a day certain are excluded in
• the computation of the 30-day period.
(d) Subsections (e)-(k) of this section are enacted by Con-
gress—
_ (1) as an exercise of the rulemaking power of the Senate
• and the House of Representatives, respectively, and as such
™ they are deemed a part of the rules of each House, respec-
tively, but applicable only with respect to the procedure to be
• followed in the House in the case of resolutions described by
this section; and they supersede other rules only to the extent
that they are inconsistent therewith; and
1(2) with full recognition of the constitutional right of ei-
ther House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner,
and to the same extent as in the case of any other rule of that
House.
(e) If the committee, to which has been referred a resolution
disapproving the alternative plan of the President, has not re-
• ported the resolution at the end of 10 calendar days after its
introduction, it is in order to move either to discharge the commit-
tee from further consideration of the resolution or to discharge
• the committee from further consideration of any other resolution
with respect to the same plan which has been referred to the
committee.
(f) A motion to discharge may be made only by an individual
• favoring the resolution, is highly privileged (except that it may
not be made after the committee has reported a resolution with
respect to the same recommendation), and debate thereon is lim-
• ited to not more than 1 hour, to be divided equally between those
favoring and those opposing the resolution. An amendment to the
motion is not in order, and it is not in order to move to reconsider
the vote by which the motion is agreed to or disagreed to.
(g) If the motion to discharge is agreed to, or disagreed to, the
motion may not be renewed, nor may another motion to discharge
the committee be made with respect to any other resolution with
• respect to the same alternative plan.
(h) When the committee has reported, or has been discharged
from further consideration of, a resolution with respect to an
M alternative plan, it is at any time thereafter in order (even though
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5305 EPA CURRENT LAWS—AIR
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a previous motion to the same effect has been disagreed to) to H
move to proceed to the consideration of the resolution. The motion !•
is highly privileged and is not debatable. An amendment to the
motion is not in order, and it is not in order to move to reconsider
the vote by which the motion is agreed to or disagreed to.
(i) Debate on the resolution is limited to not more than 2 hours,
to be divided equally between those favoring and those opposing M
the resolution. A motion further to limit debate is not debatable. •
An amendment to, or motion to recommit, the resolution is not in
order, and it is not in order to move to reconsider the vote by
which the resolution is agreed to or disagreed to. H
(j) Motions to postpone, made with respect to the discharge •
from committee, or the consideration of, a resolution with respect
to an alternative plan, and motions to proceed to the consideration
of other business, are decided without debate.
(k) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of Representa-
tives, as the case may be, to the procedure relating to a resolution
with respect to an alternative plan are decided without debate.
(1) The rates of pay which become effective under this section
are the rates of pay applicable to each position concerned, and H
each class of positions concerned, under a statutory pay system. •
(m) If either House adopts a resolution disapproving an alter-
native plan submitted under subsection (c) of this section, the ••
President shall take the action required by paragraphs (2)_ and H
(3) of subsection (a) of this section and adjust the rates of pay of
the statutory pay systems effective as of the beginning of the first
applicable pay period commencing on or after the date on which
the resolution is adopted, or on or after October 1, whichever is
later.
(n) The rates of pay that take effect under this section shall
modify, supersede, or render inapplicable, as the case may be, to
the extent inconsistent therewith—
(1) all provisions of law enacted prior to the effective date
or dates of all or part (as the case may be) of the increases;
and
(2) any prior recommendations or adjustments which took
effect under this section or prior provisions of law.
(o) The rates of pay that take effect under this section shall be
printed in the Federal Register and the Code of Federal Regula-
tions.
(p) An increase in rates of pay that takes effect under this
section is not an equivalent increase in pay within the meaning of
section 5335 of this title.
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FED. SALARY ACT
5 § 5305
(q) Any rate of pay under this section shall be initially ad-
justed, effective on the effective date of the rate of pay, under
conversion rules prescribed by the President or by such agencies
as the President may designate.
(r) This section does not impair any authority purusant to
which rates of pay may be fixed by administrative action.
Added Pub.L. 91-656, § 3(a), Jan. 8, 1971, 84 Stat. 1946.
§ 5332. The General Schedule
(a) The General Schedule, the symbol for which is "GS", is the
basic pay schedule for positions to which this subchapter applies.
Each employee to whom this subchapter applies is entitled to basic
pay in accordance with the General Schedule.
Executive Order No. 11576
Jan. 8, 1971, 36 F.E. 347
Adjustment of Pay Rates Effective Jan. 1,1971
By virtue of the authority vested in me by subchapter I of chapter 53 of title 6
of the United States Code [subchapter I of this chapter], as amended by the Federal
Pay Comparability Act of 1970 [Pub.L. 91-666], and section 3(c) of that Act [set out
as a note under section 5306 of this title], it is hereby ordered as follows:
General Schedule
Section 1. The rates of basic pay in the General Schedule contained in section 6332(a) of
title 6 of the United States Code [subsec. (a) of this section] are adjusted as follows:
"GENERAL SCHEDULE
"Grade
"Annual rates and steps
10
GS-1
GS-2
GS-3
GS-4
GS-5
GS-6
GS-7
GS-8
GS-9
GS-10 ....
GS-11
GS-12 . .
GS-13
GS-14 ... .
GS-15 ....
GS 16
GS-17
GS-18
$4 326
4,897
6 624
6,202
6,938
7,727
8 582
9,493
10,470
11,517
12,615
15,040
17,761
20,815
24,251
28,129
32,646
87,624*
$4 470
6 060
5 708
6,409
7,169
7,985
8 868
9,809
10 819
11 901
13,036
15 541
18,353
21,509
25,059
29,067
33,631
$4 614
5 223
5 892
6 616
7 400
8,243
9 154
10,125
11 168
12 285
13,457
16 042
18,945
22,203
25,867
30,005
34,716
$4 758
5 386
6 076
6 823
7 631
8 501
9 440
10 441
11 517
12 669
13,878
16 543
19,537
22,897
26,675
30,943
35,801
$4 902
5 549
6 260
7 030
7,862
8,759
9 726
10,757
11 866
13,053
14,299
17 044
20,129
23,591
27,483
31,881
36,886*
$5 046
6 712
6 444
7 237
8 093
9,017
10 012
11 073
12 215
13 437
14,720
17 545
20,721
24,285
28,291
32,819
$5 190
5 875
6 628
7 444
8 324
9 275
10 298
11 389
12 564
13 821
15,141
18 046
21,313
24,979
29,099
33,757
$5 334
6 038
6 812
7 651
8 555
9 533
10 584
11 705
12 913
14 205
15,562
18 547
21,905
25,673
29,907
34,695
$5 478
6 201
6 996
7 858
8 786
9,791
10 870
12,021
13,262
14 589
16,983
19 048
22,497
26,367
30,715
35,638
$5 622
6 364
7 180
8 065
9 017
10,049
11 156
12,337
13,611
14,973
16,404
19 649
23,089
27,061
31,628
-=
"* The rate of basic pay for employees at these rates is limited by section 5308 of title 6 of
the United States Code, as added by the Federal Pay Comparability Act of 1970 [section 6308
of this title], to the rate for level V of the Executive Schedule (as of the effective date of
this salary adjustment, $36,000)."
[A8656]
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Conversion Rules
Sec. 4. The agencies hereinafter designed shall prescribe such rules as may be necessary
to convert the rates of basic pay or salaries of officers and employees to the rates prescribed
in this order:
(1) General Schedule, the Civil Service Commission;
(2) Schedules for the Department of Medicine and Surgery of the Veterans' Administration,
the Veterans' Administration;
(3) Foreign Service schedules, the Department of State.
Effective Date
Sec. 5. This order shall take effect as of the first day of the first applicable pay period
beginning on or after January 1, 1971.
RICHARD NIXON
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(b) When payment is made on the basis of an hourly, daily, _
weekly, or biweekly rate, the rate is computed from the appropri- •
ate annual rate of basic pay named by subsection (a) of this
section in accordance with the rules prescribed by section 5504 (b)
of this title. Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 467; Pub.L. •
90-83, § 1 (18), Sept. 11,1967, 81 Stat 199. •
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THE FEDERAL AVIATION ACT OF 1958
SUBCHAPTER I.—GENERAL PROVISIONS
Sec.
1301. Definitions.
1302. Consideration of matters in public interest by Board.
1303. Consideration of matters in public interest by Administrator.
1304. Public right of transit.
SUBCHAPTER II.—CIVIL AERONAUTICS BOARD; GENERAL POWERS
1321. Agency of the United States.
(a) Continuation; membership; removal of members; political
affiliation; chairman; compensation.
(b) Qualifications of members.
(c) Quorum; principal office; seal.
1322. Officers and employees.
(a) Secretary of Board; secretaries and administrative assistants
for members; other personnel.
(b) Repealed.
(c) Temporary personnel.
(d) Cooperation with other Federal agencies.
1323. Authorization of expenditures and travel.
1324. General powers and duties of the Board.
(a) Performance of acts; conduct of investigations; orders, rules,
regulations, and procedure.
(b) Cooperation with State aeronautical agencies.
(c) Exchange of information with foreign governments.
(d) Report of proceedings and investigations; publication; evidence.
1325. Annual report to Congress.
SUBCHAPTER III.—ORGANIZATION OF AGENCY; POWERS AND
DUTIES OP ADMINISTRATOR
1341. Federal Aviation Agency.
(a) Establishment; administrator; appointment; compensation;
powers and duties.
(b) Qualifications of Administrator.
(c) Principal office; seal.
1342. Deputy Administrator; appointment; compensation; powers and
duties; qualifications.
1343. General powers and duties of Administrator.
(a) Military participation; detail of members of Armed Forces;
report to the Congress.
(b) Exchange of information.
(c) Development of plans for discharge of responsibilities in event
of war; legislative proposal; transfer of functions.
(d) Officers and employees.
(e) Study of special personnel problems; report to the Congress.
(f) Scientific or professional personnel.
(g) Advisory committees and consultants.
(h) Repealed.
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EPA CURRENT LAWS—AIR
Sec.
(i) Cooperation with other agencies.
1344. Administration of Agency.
(a) Authorization of expenditures and travel.
(b) Supplies and materials for overseas installations.
(c) Acquisition and disposal of property.
(d) Delegation of functions.
1345. Presidential authority to transfer certain functions.
1346. Fostering of civil aeronautics and air commerce.
1347. National defense anl civil needs.
1348. Airspace control and facilities.
(a) Use of airspace.
(b) Air navigation facilities.
(c) Air traffic rules.
(d) Applicability of Administrative Procedure Act.
(e) Exemptions.
(f) Exception for military emergencies.
1349. Expenditure of Federal funds for certain airports and air navigation
facilities; location of airports, landing areas, and missile and
rocket sites.
1350. Establishment or construction of airports and landing areas not
involving expenditure of Federal funds.
1351. Meteorological service.
1352. Collection and dissemination of information.
1353. Development planning.
(a) Use of navigable airspace; location of landing areas, Federal
airways, radar installations, and air navigation facilities.
(b) Aircraft, aircraft engines, propellers, and appliances.
(c) Research and development.
1354. Other powers and duties of Administrator.
(a) Generally.
(b) Report of proceedings and investigations; publication of re-
ports, orders, decisions, rules and regulations; use as evi-
dence.
(c) Power to conduct hearings and investigations.
(d) Training schools.
(e) Annual report to the President and Congress.
1355. Delegation of powers and duties to private persons; application for
reconsideration.
SUBCHAPTER IV.—AlR CARRIER ECONOMIC REGULATION
1371. Certificate of public convenience and necessity.
(a) Essentiality.
(b) Application.
(c) Notice of application; filing of protest or memorandum; hear-
ing.
(d) Issuance.
(e) Terms, conditions, and limitations.
(f) Effective date and duration.
(g) Alteration, amendment, modification, suspension, or revocation.
(h) Transfer.
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FED. AVIATION ACT
Sec.
(i) Rights in the use of airspace, airways, landing areas, or air-
navigation facilities.
(j) Abandonment of routes.
(k) Compliance with labor legislation.
(I) Carriage of mail.
(m) Application for new mail service.
(n) Additional powers and duties of Board with respect to supple-
mental air carriers.
1372. Permits to foreign air carriers.
(a) Necessity.
(b) Issuance.
(c) Application.
(d) Notice of application; filing of protest or memorandum; hear-
ing.
(e) Terms, conditions, and limitations.
(f) Alteration, modification, amendment, suspension, cancellation,
or revocation.
(g) Transfer of permit.
1373. Tariffs of air carriers.
(a) Piling, posting, and publication; rejection of tariffs.
(b) Observance of tariffs; granting of rebates.
(c) Notice of change in tariff.
(d) Piling of divisions of rates and charges.
1374. Rates for carriage of persons and property; duty to provide service,
rates, and divisions; discrimination.
1375. Transportation of mail.
(a) Postal rules and regulations.
(b) Mail schedules.
(c) Maximum mail load.
(d) Tender of mail.
(e) Foreign postal arrangement.
(f) Transportation of foreign mail.
(g) Evidence of performance of mail service.
(h) Emergency mail service.
(i) Experimental airmail service.
(j) Free travel for postal employees.
1376. Rates for transportation of mail.
(a) Authorization to fix rates.
(b) Rate-making elements.
(c) Payments for transportation of mail.
(d) Treatment of proceeds of disposition of certain property.
(e) Statements of Postmaster General and carrier.
(f) Weighing of mail.
(g) Availability of appropriations.
(h) Payments to foreign air carriers.
1377. Accounts, records, and reports.
(a) Piling of reports.
(b) Disclosure of stock ownership.
(c) Disclosure of stock ownership by officer or director.
(d) Form of accounts, records, and memoranda.
(e) Inspection of accounts and property.
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Sec.
1378. Consolidation, merger, and acquisition of control.
(a) Prohibited acts.
(b) Application to Board; hearing; approval; disposal without
hearing.
(c) Interests in ground facilities.
(d) Jurisdiction of accounts of noncarriers.
(e) Investigation of violations.
1379. Prohibited interests; interlocking relationships; profit from transfer
of securities.
1380. Loans and financial aid; aircraft loan guarantees.
1381. Methods of competition.
1382. Pooling and other agreements; filing; approval by Board.
1383. Form of control.
1384. Legal restraints.
1385. Inquiry into air carrier management.
1386. Classification and exemption of carriers.
1387. Special operating authorizations.
(a) Authority of Board to issue.
(b) Terms of authorization.
(c) Procedure.
SUBCHAPTER V.—NATIONALITY AND OWNERSHIP OF AIRCRAFT
1401. Registration of aircraft nationality.
(a) Necessity; aircraft of national-defense forces; transfer of
ownership.
(b) Eligibility for registration.
(c) Issuance of certificate.
(d) Applications.
(e) Suspension or revocation.
(f) Effect of registration.
1402. Registration of engines, propellers, and appliances.
1403. Recordation of aircraft ownership.
(a) Establishment of recording system.
(b) Recording of releases, cancellations, discharges, or satisfactions.
(c) Validity of conveyances or other instruments; filing.
(d) Effect of recording.
(e) Form of conveyances or other instruments.
(f) Index of conveyances and other instruments.
(g) Regulations.
(h) Previously unrecorded ownership of aircraft.
1404. Limitation of security owners' liability.
1405. Dealers' aircraft registration certificates.
1406. Law governing validity of certain instruments.
SUBCHAPTER VI.—SAFETY REGULATION OF CIVIL AERONAUTICS
1421. Powers and duties of Administrator.
(a) Minimum standards; rules and regulations.
(b) Consideration of needs of service; classification of standards,
rules, regulations, and certificates.
(c) Exemptions.
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FED. AVIATION ACT 49 § 1301
Sec.
1422. Airman certificates.
(a) Authorization to issue.
(b) Application; issuance or denial; petition for review; hearing;
determination; issuance of certificates to aliens.
(c) Form and recording.
1423. Aircraft certificates.
(a) Authorization to issue; application; investigation; tests; issu-
ance of type certificate.
(b) Production certificates.
(c) Airworthiness certificates.
1424. Air carrier operating certificates; authorization to issue; minimum
safety standards; application; issuance.
1425. Mantenance of equipment in air transportation; duty of carriers
and airmen; inspection of aircraft and equipment.
1426. Air navigation facility rating; issuance of certificate.
1427. Air agency rating; issuance of certificate.
1428. Form of applications for certificates.
1429. Reinspection or reexamination; amendment, suspension, or revocation
of certificates; notification; hearing; appeal to Board; judicial
review.
(a) Procedure.
(b) Violation of certain laws.
1430. Violations; exemption of foreign aircraft and airmen.
1431. Control and abatement of aircraft noise and sonic boom.
(a) Consultations; standards; rules and regulations.
(b) Considerations determinative of standards, rules and regula-
tions.
(c) Amendment, modification, suspension, or revocation of certifi-
cate; notice and appeal rights.
1432. Airport operating certificates.
(a) Power to issue.
(b) Issuance; terms and conditions.
SUBCHAPTER I.—GENERAL PROVISIONS
§ 1301. Definitions
As used in this chapter, unless the context otherwise requires—
(1) "Administrator" means the Administrator of the Federal
Aviation Agency.
(2) "Aeronautics" means the science and art of flight.
(3) "Air carrier" means any citizen of the United States who
undertakes, whether directly or indirectly or by a lease or any
other arrangement, to engage in air transportation; Provided,
That the Board may by order relieve air carriers who are not
directly engaged in the operation of aircraft in air transportation
from the provisions of this chapter to the extent and for such
periods as may be in the public interest.
(4) "Air commerce" means interstate, overseas, or foreign air
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49 § 1301 EPA CURRENT LAWS—AIR
commerce or the transportation of mail by aircraft or any opera-
tion or navigation of aircraft within the limits of any Federal
airway or any operation or navigation of aircraft which directly • —
affects, or which may endanger safety in, interstate, overseas, or •
foreign air commerce. ™
(5) "Aircraft" means any contrivance now known or hereafter
invented, used, or designed for navigation of or flight in the air. H
(6) "Aircraft engine" means an engine used, or intended to be •
used, for propulsion of aircraft and includes all parts, appurte-
nances, and accessories thereof other than propellers. ••
(7) "Airman" means any individual who engages, as the person •
in command or as pilot, mechanic, or member of the crew, in the
navigation of aircraft while under way; and (except to the extent
the Administrator may otherwise provide with respect to individu- •
als employed outside the United States) any individual who is ™
directly in charge of the inspection, maintenance, overhauling, or
repair of aircraft, aircraft engines, propellers, or appliances; and
any individual who serves in the capacity of aircraft dispatcher or
air-traffic control-tower operator.
(8) "Air navigation facility" means any facility used in, availa-
ble for use in, or designed for use in, aid of air navigation, includ-
ing landing areas, lights, any apparatus or equipment for dissemi-
nating weather information, for signaling, for radio-directional
finding, or for radio or other electrical communication, and any
other structure or mechanism having a similar purpose for guid-
ing or controlling flight in the air or the landing and take-off of
aircraft.
(9) "Airport" means a landing area used regularly by aircraft
for receiving or discharging passengers or cargo.
(10) "Air transportation" means interstate, overseas, or for-
eign air transportation or the transportation of mail by aircraft.
(11) "Appliances" means instruments, equipment, apparatus,
parts, appurtenances, or accessories, of whatever description,
which are used, or are capable of being or intended to be used, in
the navigation, operation, or control of aircraft in flight (includ-
ing parachutes and including communication equipment and any
other mechanism or mechanisms installed in or attached to air-
craft during flight), and which are not a part or parts of aircraft,
aircraft engines, or propellers.
(12) "Board" means the Civil Aeronautics Board. _
(13) "Citizen of the United States" means (a) an individual •
who is a citizen of the United States or of one of its possessions, ™
or (b) a partnership of which each member is such an individual,
or (c) a corporation or association created or organized under the •
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FED. AVIATION ACT 49 § 1301
laws of the United States or of any State, Territory, or possession
of the United States, of which the president and two-thirds or
more of the board of directors and other managing officers thereof
are such individuals and in which at least 75 per centum of the
voting interest is owned or controlled by persons who are citizens
of the United States or of one of its possessions.
(14) "Civil aircraft" means any aircraft other than a public
aircraft,
(15) "Civil aircraft of the United States" means any aircraft
registered as provided in this chapter.
(16) "Conditional sale" means (a) any contract for the sale of
an aircraft, aircraft engine, propeller, appliance, or spare part
under which possession is delivered to the buyer and the property
is to vest in the buyer at a subsequent time, upon the payment of
part or all of the price, or upon the performance of any other
condition or the happening of any contingency; or (b) any con-
tract for the bailment or leasing of an aircraft, aircraft engine,
propeller, appliance, or spare part, by which the bailee or lessee
contracts to pay as compensation a sum substantially equivalent to
the value thereof, and by which it is agreed that the bailee or
lessee is bound to become, or has the option of becoming, the
owner thereof upon full compliance with the terms of the contract.
The buyer, bailee, or lessee shall be deemed to be the person by
whom any such contract is made or given.
(17) "Conveyance" means a bill of sale, contract of conditional
sale, mortgage, assignment of mortgage, or other instrument af-
fecting title to, or interest in, property.
(18) "Federal airway" means a portion of the navigable air-
space of the United States designated by the Administrator as a
Federal airway.
(19) "Foreign air carrier" means any person, not a citizen of
the United States, who undertakes, whether directly or indirectly
or by lease or any other arrangement, to engage in foreign air
transportation.
(20) "Interstate air commerce", "overseas air commerce", and
"foreign air commerce", respectively, mean the carriage by air-
craft of persons or property for compensation or hire, or the
carriage of mail by aircraft, or the operation or navigation of
aircraft in the conduct or furtherance of a busines or vocation, in
commerce between, respectively—
(a) a place in any State of the United States, or the Dis-
trict of Columbia, and a place in any other State of the Un-
ited States, or the District of Columbia; or between places in
the same State of the United States through the airspace over
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49 § 1301 EPA CURRENT LAWS—AIR
any place outside thereof; or between places in the same
Territory or possession of the United States, or the District "
of Columbia;
(b) a place in any State of the United States, or the Dis-
trict of Columbia, and any place in a Territory or possession
of the United States; or between a place in a Territory or
possession of the United States, and a place in any other
Territory or possession of the United States; and
(c) a place in the United States and any place outside
thereof;
whether such commerce moves wholly by aircraft or partly by
aircraft and partly by other forms of transportation.
(21) "Interstate air transportation", "overseas air transporta-
tion", and "foreign air transportation", respectively, mean the
carriage by aircraft of persons or property as a common carrier
for compensation or hire or the carriage of mail by aircaft, in
commerce between, respectively—
(a) a place in any State of the United States, or the Dis-
trict of Columbia, and a place in any other State of the Un-
ited States, or the District of Columbia; or between places in
the same State of the United States through the airspace over
any place outside thereof; or between places in the same
Territory or possession of the United States, or the District
of Columbia;
(b) a place in any State of the United States, or the Dis-
trict of Columbia, and any place in a Territory or possession
of the United States; or between a place in a Territory or
possession of the United States, and a place in any other
Territory or possession of the United States; and
(c) a place in the United States and any place outside
thereof; whether such commerce moves wholly by aircraft or
partly by aircraft and partly by other forms of transportation.
(22) "Landing area" means any locality, either of land or
water, including airports and intermediate landing fields, which is
used, or intended to be used, for the landing and take-off of air-
craft, whether or not facilities are provided for the shelter, servic-
ing, or repair of aircraft, or for receiving or discharging passen-
gers or cargo.
(23) "Mail" means United States mail and foreign-transit mail.
(24) "Navigable airspace" means airspace above the minimum
altitudes of flight prescribed by regulations issued under this
chapter, and shall include airspace needed to insure safety in
take-off and landing of aircraft. «
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FED. AVIATION ACT 49 § 1301
(25) "Navigation of aircraft" or "navigate aircraft" includes
the piloting of aircraft.
(26) "Operation of aircraft" or "operate aircraft" means the
use of aircraft, for the purpose of air navigation and includes the
navigation of aircraft. Any person who causes or authorizes the
operation of aircraft, whether with or without the right of legal
control (in the capacity of owner, lessee, or otherwise) of the
aircraft, shall be deemed to be engaged in the operation of aircraft
within the meaning of this chapter.
(27) "Person" means any individual, firm, copartnership, corpo-
ration, company, association, joint-stock association, or body poli-
tic; and includes any trustee, receiver, assignee, or other similar
representative thereof.
(28) "Propeller" includes all parts, appurtenances, and accesso-
ries thereof.
(29) "Possessions of the United States" means (a) the Canal
Zone, but nothing herein shall impair or affect the jurisdiction
which has heretofore been, or may hereafter be, granted to the
President in respect of air navigation in the Canal Zone; and (b)
all other possessions of the United States. Where not otherwise
distinctly expressed or manifestly incompatible with the intent
thereof, references in this chapter to possessions of the United
States shall be treated as also referring to the Commonwealth of
Puerto Rico.
(30) "Public aircraft" means an aircraft used exclusively in the
service of any government or of any political subdivision thereof,
including the government of any State, Territory, or possession of
the United States, or the District of Columbia, but not including
any government-owned aircraft eiigaged in carrying persons or
property for commercial purposes.
(31) "Spare parts" means parts, appurtenances, and accessories
of aircraft (other than aircraft engines and propellers), of air-
craft engines (other than propellers), of propellers and of appli-
ances, maintained for installation or use in an aircraft, aircraft
engine, propeller, or appliance, but which at the time are not
installed therein or attached thereto.
(32) The term "special aircraft jurisdiction of the United
States" includes the following aircraft while in flight—
(a) aircraft of the United States;
(b) aircraft of the national defense forces of the United
States; and
(c) any other aircraft—
(i) within the United States, or
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(ii) outside the United States which has its next
scheduled destination or last point of departure in the
United States provided that in either case it next actually _
lands in the United States. •
For the purpose of this definition, an aircraft is considered to be
in flight from the moment when power is applied for the purpose _
of takeoff until the moment when the landing run ends. •
(33) "Supplemental air carrier" means an air carrier holding a
certificate of public convenience and necessity authorizing it to
engage in supplemental air transportation.
(34) "Supplemental air transportation" means charter trips,
including inclusive tour charter trips, in air transportation, other
than the transportation of mail by aircraft, rendered pursuant to ••
a certificate of public convenience and necessity issued pursuant to ||
section 1371 (d) (3) of this title to supplement the scheduled serv-
ice authorized by certificates of public convenience and necessity is- «
sued pursuant to sections 1371 (d) (1) and (2) of this title. Noth- •
ing in this paragraph shall permit a supplemental air carrier to
sell or offer for sale an inclusive tour in air transportation by
selling or offering for sale individual tickets directly to members H
of the general public, or to do so indirectly by controlling, being •
controlled by, or under common control with, a person authorized
by the Board to make such sales.
(35) "Ticket agent" means any person, not an air carrier or a
foreign air carrier and not a bona fide employee of an air carrier
or foreign air carrier, who, as principal or agent, sells or offers
for sale any air transportation, or negotiates for, or holds himself
out by solicitation, advertisement, or otherwise as one who sells,
provides, furnishes, contracts or arranges for, such transporta-
tion.
(36) "United States" means the several States, the District of
Columbia, and the several Territories and possessions of the Un-
ited States, including the territorial waters and the overlying air-
space thereof.
Pub.L. 85-726, Title I, § 101, Aug. 23, 1958, 72 Stat. 737; Pub.L.
87-197, § 3, Sept. 5, 1961, 75 Stat. 467; Pub.L. 87-528,§ 1, July
10, 1962, 76 Stat. 143; and amended Pub.L 90-514, § 1, Sept. 26,
1968, 82 Stat. 867; Puib.L. 91-449, § 1(1), (2), Oct. 14, 1970, 84
Stat. 921. _
§ 1302. Consideration of matters in public interest by Board •
In the exercise and performance of its powers and duties under
this chapter, the Board shall consider the following, among other •
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FED. AVIATION ACT 49 § 1302
things, as being in the public interest, and in accordance with the
public convenience and necessity:
(a) The encouragement and deveopment of an air-transporta-
tion system properly adapted to the present and future needs of
the foreign and domestic commerce of the United States, of the
Postal Service, and of the national defense;
(b) The regulation of air transportation in such manner as to
recognize and preserve the inherent advantages of, assure the
highest degree of safety in, and foster sound economic conditions
in, such transporation, and to improve the relations between, and
coordinate transporation by, air carriers;
(c) The promotion of adequate, economical, and efficient service
by air carriers at reasonable charges, without unjust discrimina-
tions, undue preferences or advantages, or unfair or destructive
competitive practices;
(d) Competition to the extent necessary to assure the sound
development of an air-transporation system properly adapted to
the needs of the foreign and domestic commerce of the United
States, of the Postal Service, and of the national defense;
(e) The promotion of safety in air commerce; and
(f) The promotion, encouragement, and development of civil
aeronautics. Pub.L. 85-726, Title I, § 102, Aug. 23, 1958, 72 Stat.
740.
§ 1303. Consideration of matters in public interest by Adminis-
trator
In the exercise and performance of his powers and duties under
this chapter the Administrator shall consider the following,
among other things, as being in the public interest:
(a) The regulation of air commerce in such manner as to best
promote its development and safety and fulfill the requirements of
national defense;
(b) The promotion, encouragement, and development of civil
aeronautics;
(c) The control of the use of the navigable airspace of the
United States and the regulation of both civil and military opera-
tions in such airspace in the interest of the safety and efficiency of
both;
(d) The consolidation of reserach and development with respect
to air navigation facilities, as well as the installation and opera-
tion thereof;
(e) The development and operation of a common system of air
traffic control and navigation for both military and civil aircraft.
Pub.L. 85-726, Title I, § 103, Aug. 23,1958, 72 Stat. 740.
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§ 1304. Public right of transit I
There is recognized and declared to exist in behalf of any citizen
of the United States a public right of freedom of transit through
the navigable airspace of the United States. Pub.L. 85-726, Title I,
§ 104, Aug. 23, 1958, 72 Stat. 740.
SUBCHAPTER II. — CIVIL AERONAUTICS BOARD GENERAL POWERS •
§ 1321. Agency of the United States — Continuation; member-
ship; removal of members; political affiliation; chairman
(a) (1) The Civil Aeronautics Board, created and established •
under the name "Civil Aeronautics Authority" by section 201 of ™
the Civil Aeronautics Act of 1938 and redesignated as the "Civil
Aeronautics Board" by Reorganization Plan No. IV of 1940, is •
continued as an agency of the United States, and shall continue to •
be composed of five members appointed by the President, by and
with the advice and consent of the Senate, for terms of six years, ••
beginning upon the expiration of the terms for which their prede- H
cessors were appointed, except that any person appointed to fill a
vacancy occurring prior to the expiration of the term for which
his predecessor was appointed shall be appointed only for the H
remainder of such term; but upon the expiration of his term of ™
office a member shall continue to serve until his successor is
appointed and shall have qualified. •
(2) The members of the Board may be removed by the Presi- •
dent for inefficiency, neglect of duty, or malfeasance in office. No
more than three of the members shall be appointed from the same jm
politial party. The President shall designate annually one of the II
members of the Board to serve as chairman and one of the mem-
bers to serve as vice chairman, who shall act as chairman in the
absence or incapacity of the chairman. •
Qualification of members
(b) The members of the Board shall be appointed with due re-
gard to their fitness for the efficient dispatch of the powers and
duties vested in and imposed upon the Board by this chapter. Each
member of the Board shall be a citizen of the United States and no
member of the Board shall have any pecuniary interest in or own
any stock in or bonds of any civil aeronautics enterprise. No
member of the Board shall engage in any other business, vocation,
or employment.
Quorum; principal office; seal
(c) Three of the members shall constitute a quorum of the
Board. The principal office of the Board shall be in the District of M
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FED. AVIATION ACT 49 § 1321
Columbia where its general sessions shall be held, but whenever
the convenience of the public or of the parties may be promoted,
or delay or expense may be prevented, the Board may hold hear-
ings or other proceedings at any other place. The Board shall have
an official seal which shall be judicially noticed and which shall be
preserved in the custody of the secretary of the Board. Pub.L.
85-726, Title II, § 201, Aug. 23, 1958, 72 Stat. 741, amended
Pub.L. 88-426, Title III, § 305(16) (A), Aug. 14, 1964, 78 Stat.
424.
§ 1322. Officers and employees—Secretary of Board; secretaries
and administrative assistants for members; other personnel
(a) The Board is authorized, without regard to the civil-service
and classification laws, to appoint and prescribe the duties and fix
the compensation of a secretary of the Board, and to fix the com-
pensation of a secretary and an administrative assistant for each
member, and subject to the civil-service and classification laws, to
select, employ, appoint, and fix the compensation of such officers,
employees, attorneys, and agents as shall be necessary to carry out
the provision of this chapter, and to define their authority and
duties.
(b) Repealed. Pub.L. 87-367, Title I, § 103(2), Oct. 4, 1961, 75
Stat. 787.
Temporary personnel
(c) The Board may, from time to time, without regard to the
provisions of the civil-service laws engage for temporary service
such duly qualified consulting engineers or agencies, or other qual-
ified persons as are necessary in the exercise and performance of the
powers and duties of each, and fix the compensation of such engi-
neers, agencies, or persons without regard to the Classification Act
of 1949, as amended, and the expenses of such employment shall
be paid out of sums appropriated for the expenses of the Board.
Cooperation with other Federal agencies
(d) The Board is authorized to use, with their consent, the
available services, equipment, personnel, and facilities of other
civilian or military agencies and instrumentalities of the Federal
Government, on a reimbursable basis when appropriate, and on a
similar basis to cooperate with such other agencies and instrumen-
talities in the establishment and use of services, equipment, and
facilities of the Board. Pub.L. 85-726, Title II, § 202, Aug. 23,
1958, 72 Stat. 741; Pub.L. 87-367, Title I § 103(2), Oct. 14, 1961,
75 Stat. 787.
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49 § 1323 EPA CURRENT LAWS—Aim
§ 1323. Authorization of expenditures and travel •
(a) The Board is empowered to make such expenditures at the '
seat of government and elsewhere as may be necessary for the
exercise and performance of the powers and duties vested in and
imposed upon the Board by law, and as from time to time may be
appropriated for by Congress, including expenditures for (1) rent
and personal services at the seat of government and elsewhere;
(2) travel expenses; (3) office furniture, equipment and supplies,
lawbooks, newspapers, periodicals, and books of reference (includ-
ing the exchange thereof) ; (4) printing and binding; (5) mem-
bership in and cooperation with such organizations as are related
to, or are part of, the civil-aeronautics industry or the art of
aeronautics in the United States or in any foreign country; (6)
making investigations and conducting studies in matters pertain-
ing to aeronautics; and (7) acquisition (including exchange), op-
eration, and maintenance of passenger-carrying automobiles and
aircraft, and such other property as is necessary in the exercise
and performance of the powers and duties of the Board: Provided,
That no aircraft or motor vehicle purchased under the provisions
of this section, shall be used otherwise than for official business.
(b) Travel by personnel of the United States Government on
commercial aircraft, domestic or foreign, including travel between
airports and centers of population or posts of duty when incidental
to travel on commercial aircraft, shall be allowed at public expense
when authorized or approved by competent authority, and trans-
portation requests for such travel may be issued upon such au-
thorizations. Such expense shall be allowed without regard to com-
parative costs of transportation by aircraft with other modes of
transportation.
(c) The Board, on behalf of the United States, is authorized to •
accept any gift or donation of money or personal property, or of •
services, where appropriate, for the purposes of its functions
under subchapter VII of this chapter. For adequate compensation,
by sale, lease, or otherwise, the Board, on behalf of the United H
States, is authorized to dispose of any such personal property or •
interest therein: Provided, That such disposition shall be made in
accordance with the Federal Property and Administrative Serv-
ices in Act of 1949, as amended. Pub.L. 85-726, Title II, § 203,
Aug. 23, 1958, 72 Stat. 742; Pub.L. 87-810, § 5, Oct. 15, 1962, 76
Stat. 921.
§ 1324. General powers and duties of the Board—Performance of
acts; conduct of investigations; orders, rules, regulations, and pro-
cedure ••
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FED. AVIATION ACT 49 § 1324
(a) The Board is empowered to perform such acts, to conduct
such investigations, to issue and amend such orders, and to make
and amend such general or special rules, regulations, and proce-
dure, pursuant to and consistent with the provisions of this chap-
ter, as it shall deem necessary to carry out the provisions of, and
to exercise and perform its powers and duties under, this chapter.
Cooperation with State aeronautical agencies
(b) The Board is empowered to confer with or to hold joint
hearings with any State aeronautical agency, or other State
agency, in connection with any matter arising under this chapter
within its jurisdiction, and to avail itself of the cooperation, serv-
ices, records, and facilities of such State agencies as fully as may
be practicable in the administration and enforcement of this chap-
ter.
Exchange of information with foreign governments
(c) The Board is empowered to exchange with foreign govern-
ments, through appropriate agencies of the United States, infor-
mation pertaining to aeronautics.
Report of proceedings and investigations; publication; evidence
(d) Except as may be otherwise provided in this chapter, the
Board shall make a report in writing in all proceedings and inves-
tigations under this chapter in which formal hearings have been
held, and shall state in such report its conclusions together with
its decision, order, or requirement in the premises. All such re-
ports shall be entered of record and a copy thereof shall be fur-
nished to all parties to the proceeding or investigation. The Board
shall provide for the publication' of such reports, and all other
report, orders, decisions, rules, and regulations issued by it under
this chapter in such form and manner as may be best adapted for
public information and use. Publications purporting to be pub-
lished by the Board shall be competent evidence of the orders,
decisions, rules, regulations, and reports of the Board therein con-
tained in all courts of the United States, and of the several States,
Territories, and possessions thereof, and the District of Columbia,
without further proof or authentication thereof. Pub.L. 85-726,
Title II, § 204, Aug. 23,1958, 72 Stat. 743.
§ 1325. Annual report to Congress
The Board shall make an annual report to the Congress, copies
of which shall be distributed as are other reports transmitted to
Congress. Such report shall contain in addition to a report of the
work performed under this chapter, such information and data
collected by the Board as may be considered of value in the deter-
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mination of questions connected with the development and regula- •
tion of civil aeronautics, together with such recommendations as .
to additional legislation relating thereto as the Board may deem
necessary, and the Board may also transmit recommendations as
to legislation at any other time. Pub.L. 85-726, Title II, § 205,
Aug. 23,1958, 72 Stat. 744.
I
SUBCHAPTER III.—ORGANIZATION OF AGENCY; POWERS AND DUTIES
OP ADMINISTRATOR
§ 1344. Federal Aviation Agency—Establishment; Administra- Hj
tor; appointment; powers and duties •
(a) There is established the Federal Aviation Agency, referred
to in this chapter as the "Agency". The Agency shall be headed by
an Administrator who shall be appointed by the President, by and
with the advice and consent of the Senate. The Administrator
shall be responsible for the exercise of all powers and the dis-
charge of all duties of the Agency, and shall have authority and
control over all personnel and activities thereof. In the exercise of
his duties and the discharge of his responsibilities under this
chapter, the Administrator shall not submit his decisions for the
approval of, nor be bound by the decisions or recommendations of,
any committee, board, or other organization created by Executive
order.
Qualifications of Administrator
(b) The Administrator shall be a citizen of the United States,
and shall be appointed with due regard for his fitness for the
efficient discharge of the powers and duties vested in and imposed
upon him by this chapter. At the time of his nomination he shall
be a civilian and shall have had experience in a field directly
related to aviation. The Administrator shall have no pecuniary
interest in or own any stock in or bonds of any aeronautical
enterprise nor shall be engage in any other business, vocation, or
employment.
Principal office; seal
(c) The principal office of the Agency shall be in or near the
District of Columbia, but it may act and exercise all its powers at
any other place. The Agency shall have an official seal which shall
be judicially notice. Pub.L. 85-726, Title III, § 301, Aug. 23, 1958,
72 Stat. 744, amended Pub.L. 88-426, Title III, § 305(16) (B), _
Aug. 14,1964, 78 Stat. 424. •
§ 1342. Deputy Administrator; appointment; powers and duties;
qualifications _
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FED. AVIATION ACT 49 § 1342
(a) There shall be a Deputy Administrator of the Agency who
shal be appointed by the President by and with the advice and
consent of the Senate. The Deputy Administrator shall perform
such duties and exercise such powers as the Administrator shall
prescribe. The Deputy Administrator shall act for, and exercise
the powers of, the Administrator during his absence or disability.
(b) The Deputy Administrator shall be a citizen of the United
States, and shall be appointed with due regard for his fitness for
the efficient discharge of the powers and duties vested in and
imposed upon him by this chapter. At the time of his nomination
he shall have had experience in a field directly related to aviation.
He shall have no pecuniary interest in nor own any stocks in or
bonds of any aeronautical enterprise, nor shall be engage in any
other business, vocation, or employment. Nothing in this chapter
or other law shall preclude apointment to the position of Deputy
Administrator of an officer on active duty with the armed serv-
ices ; except that if the Administrator is a former regular officer of
any one of the armed services, the Deputy Administrator shall not
be an officer on active duty with one of the armed services or a
retired regular officer or a former regular officer of one of the
armed services. Any officer on active duty or any retired officer,
while serving as Deputy Administrator, shall continue to hold
rank and grade not lower than that in which serving at the time
of his appointment as Deputy Administrator, and shall be entitled
to receive (1) the compensation provided for the Deputy Adminis-
trator by subsection (a) of this section, or (2) the military pay
and allowances (including personal money allowance) or the re-
tired pay, as the case may be, payable to a commissioned officer of
his grade and length of service, whichever he may elect. Whenever
any officer serving as Deputy Administrator elects to receive his
military pay and allowances (including personal money allow-
ance), or his retired pay, as the case may be, the appropriate
department shall be reimbursed from any funds available to de-
fray the expenses of the Agency. Pub.L. 85-726, Title III, §
302(a), (b), Aug. 23, 1958, 72 Stat. 744, amended Pub.L. 88-426,
Title III, § 305(16) (C), Aug. 14,1964, 78 Stat. 424.
§ 1343. General powers and duties of Administrator—Military
participation; detail of members of Armed Forces; report to the
Congress
(a) (1) In order to insure that the interests of national defense
are properly safeguarded and that the Administrator is properly
advised as to the needs and special problems of the armed services,
the Administrator shall provide for participation of military per-
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49 § 1343 EPA CURRENT LAWS — AJR
sonnel in carrying out his functions relating to regulation and •
protection of air traffic, including provision of air navigation f acil- . ™
ities, and research and development with respect thereto, and the
allocation of airspace. Members of the Army, the Navy, the Air Hj
Force, the Marine Corps, or the Coast Guard may be detailed by •
the appropriate Secretary, pursuant to cooperative agreements
with the Administrator, including such agreement on reimburse- ••
ment as may be deemed advisable by the Administrator and the •
Secretary concerned, for service in the Agency to effect such par-
ticipation.
(2) Appointment to, acceptance of, and service as Deputy Ad- H
ministrator or under such cooperative agreements shall in no way
affect status, office, rank, or grade which commissioned officers or
enlisted men may occupy or hold, or any emolument, perquisite, H
right, privilege, or benefit incident to or arising out of any such •§
status, office, rank, or grade. No person so detailed or appointed
shall be subject to direction by or control by the department from
which detailed or appointed or by any agency or officer thereof
directly or indirectly with respect to his responsibilities under this
chapter or within the Agency. _
(3) The Administrator, within six months of August 23, 1958 •
and semiannually thereafter, shall report in writing to the appro-
priate committees of the Congress on agreements entered into
under this subsection, including the number, rank, and positions H
of members of the armed services detailed pursuant thereto, to- Hi
gether with his evaluation of the effectiveness of such agreements
and assignments of personnel thereunder in accomplishing the
purposes of such subsection.
Exchange of information
(b) In order to assist the Administrator further in the dis-
charge of responsibilities under this chapter, the Administrator
and the Secretary of Defense, and the Administrator and the
Administrator of the National Aeronautics and Space Administra-
tion, are directed to establish by cooperative agreement suitable
arrangements for the timely exchange of information pertaining
to their programs, policies, and requirements directly relating to
such responsibilities.
Development of plans for d'scharge of responsibilities in event of war ;
legislative proposal; transfer of functions
(c) The Administrator shall develop, in consultation with the
Department of Defense and other affected Government agencies,
plans for the effective discharge of the responsibiities of the
Agency in the event of war, and shall propose to Congress on or •
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FED. AVIATION ACT 49 § 1343
before January 1, 1960, legislation for such purpose: Provided,
That in the event of war the President by Executive order may
transfer to the Department of Defense any functions (including
powers, duties, activities, facilities, and parts of functions) of the
Agency prior to enactment of such proposed legislation. In connec-
tion with any such transfer, the President may provide for appro-
priate transfers of records, property, and personnel.
Officers and employees
(d) The Administrator is authorized, subject to the civil-service
and classification laws, to select, employ, appoint, and fix the com-
pensation of such officers, employees, attorneys, and agents as
shall be necessary to carry out the provisions of this chapter, and
to define their authority and duties, except that the Administrator
may fix the compensation for not more than twenty-three posi-
tions at rates not to exceed the highest rate of grade 18 of the
General Schedule of the Classification Act of 1949, as amended.
Study of special personnel problems; report to the Congress
(e) The Administrator shall make a study, in consultation with
other affected Government agencies, of personnel problems inher-
ent in the functions of the Agency, giving due consideration to the
need for (1) special qualifications and training, (2) special provi-
sions as to pay, retirement, and hours of service, and (3) special
provisions to assure availability, responsiveness, and security sta-
tus of essential personnel in fulfilling national defense require-
ments, and shall report the results thereof, and make recommen-
dations for legislation thereon, to Congress on or before January
1, 1960.
Scientific or professional personnel
(f) The Administrator is authorized to establish and fix the
compensation for not to exceed twenty positions of officers and
employees of the Agency of a scientific or professional nature
without regard to the Classificaton Act of 1949, as amended, each
such position being established to effectuate those research, devel-
opment, and related activities of the Agency which require the
services of specially qualified scientific or professional peronnel.
The rates of basic compensation for positions established pursuant
to this subsection shall not exceed the maximum rate payable
under sections 1161-1163 of Title 5, and Title V of the Act of July
31, 1956 (Public Law 854, Eighty-fourth Congress), and shall be
subject to the approval of the Civil Service Commission. Positions
created pursuant to this subsection shall be included in the classi-
fied civil service of the United States, but appointment to such
positions shall be made without competitive examination upon ap-
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proval of the proposed appointee's qualifications by the Civil Serv- H
ice Commission or such officers or agents as it may designate for • ^*
this purpose.
Advisory committees and consultants
(g) The Administrator is authorized to appoint such advisory
committees as shall be appropriate for the purpose of consultation
with and advice to the Agency in performance of its functions
hereunder and to obtain service authorized by section 55a of Title
5, at rates not to exceed $100 per diem for individuals, and for not
to exceed one hundred days in any calendar year in the case of any mm
individual. Members of such committees shall be entitled to travel H
expenses and per diem as authorized by the Administrative Ex-
penses Act of 1946, for all persons employed intermittently as
consultants or experts receiving compensation on a per diem basis. H
(h) Repealed. Pub.L. 87-367, Title I, § 103(2), Oct. 4, 1961, 75 •
Stat. 787.
Cooperation with other agencies
(i) The Administrator is authorized to use with consent the
available services, equipment, personnel, and facilities of other
civilian or military agencies and instrumentalities of the Federal
Government, on a reimbursable basis when appropriate, and on a
similar basis to cooperate with such other agencies and instrumen-
talities in the establishment and use of services, equipment, and
facilities of the Agency. The Administrator is further authorized
to confer with and avail himself of the cooperation, services, rec-
ords, and facilities of State, Territorial, municipal or other local
agencies. Pub.L. 85-726, Title III,§ 302(c)-(k), Aug. 23, 1958, 72
Stat. 745; Pub.L. 87-367, Title I, § 1032), Title II, § 205, Oct. 4,
1961, 75 Stat. 787, 791; Pub.L. 87-793,§1001(h),Oct.ll,1962,
76 Stat. 864.
§ 1344. Administration of Agency
(a) The Administrator is empowered to make such expendi-
tures at the seat of government and elsewhere as may be neces-
sary for the exercise and performance of the powers and duties
vested in and imposed upon him by law, and as from time to time
may be appropriated for by Congress, including expenditures for
(1) rent and personnel services at the seat of government and
elsewhere; (2) travel expenses; (3) office furniture, equipment
and supplies, lawbooks, newspapers, periodicals, and books of ref-
erence (including the exchange thereof) ; (4) printing and bind-
ing; (5) membership in and cooperation with such organizations
as are related to, or are part of, the civil aeronautics industry or
the art of aeronautics in the United States or in any foreign ^
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FED. AVIATION ACT 49 § 1344
country; (6) payment of allowances and other benefits to employ-
ees stationed in foreign countries to the same extent as authorized
from time to time for members of the Foreign Service of the
United States of comparable grade; (7) making investigations
and conducting studies in matters pertaining to aeronautics; and
(8) acquisition (including exchange), operation and maintenance
of passenger-carrying automobiles and aircraft, and such other
property as is necessary in the exercise and performance of the
powers and duties of the Administrator: Provided, That no air-
craft or motor vehicles, purchased under the provisions of this
section, shall be used otherwise than for official business.
Supplies and materials for overseas installations
(b) When appropriations for any fiscal year for the Agency
have not been made prior to the first day of March preceding the
beginning of such fiscal year, the Administrator may authorize
such officer or officers as may be designated by him to incur obliga-
tions for the purchase and transportation of supplies and materi-
als necessary to the proper execution of the Administrator's func-
tions at installations outside the continental United States, includ-
ing those in Alaska, in amounts not to exceed 75 per centum of the
amount that had been made available for such purposes for the
fiscal year then current, payments of these obligations to be made
from the appropriations for the next succeeding fiscal year when
they become available.
Acquisition and disposal of property
(c) The Administrator, on behalf of the United States is au-
thorized, where appropriate: (1) to accept any conditional or un-
conditional gift or donation of money or other property, real or
personal, or of services; (2) within the limits of available appro-
priations made by the Congress therefor, to acquire by purchase,
condemnation, lease, or otherwise, real property or interests
therein, including, in the case of air navigation facilities (includ-
ing airports) owned by the United States and operated under the
direction of the Administrator, easements through or other inter-
ests in airspace immediately adjacent thereto and needed in
connection therewith: Provided, That the authority herein
granted shall not include authority for the acquisition of space in
buildings for use by the Federal Aviation Agency, suitable accom-
modations for which shall be provided by the Administrator of
General Services, unless the Administrator of General Services
determines, purusant to section l(d) of Reorganization Plan
Numbered 18, 1950, that the space to be acquired is to be utilized
for the special purposes of the Federal Aviation Agency and is not
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generally suitable for the use of other agencies; (3) for adequate •
compensation, by sale, lease, or otherwise, to dispose of any real or - •
personal property or interest therein: Provided, That, except for
airport and airway property and technical equipment used for the
special purposes of the Agency, such disposition shall be made in
accordance with the Federal Property and Administrative Serv-
ices Act of 1949, as amended; and (4) to construct, improve, or
renovate laboratories and other test facilities and to purchase or
otherwise acquire real property required therefor. Any such acqui-
sition by condemnation may be made in accordance with the provi-
sions of the Act of August 1, 1888, the Act of February 26, 1931,
or any other applicable Act: Provided, That in the case of condem-
nations of easements through or other interests in airspace, in
fixing condemnation awards, consideration may be given to the
reasonable probable future use of the underlying land.
Delegation of functions
(d) The Administrator may, subject to such regulations, super-
vision, and review as he may prescribe, from time to time make
such provision as he shall deem appropriate authorizing the per-
formance by any officer, employee, or administrative unit under
his jurisdiction of any function under this chapter; or, with its
consent, authorizing the performance by any other| Federal depart-
ment or agency of any function under section 1348 (b) of this title.
Negotiation of purchases and contracts; report to Congressional Committees
(e) The Secretary of Transportation may negotiate without
advertising purchases of and contracts for technical or special
property related to, or in support of, air navigation that he deter-
mines to require a substantial initial investment or an extended
period of prepration for manufacture, and for which he deter-
mines that formal advertising would be likely to result in addi-
tional cost to the Government by reason of duplication of invest-
ment or would result in duplication of necessary preparation
which would unduly delay the procurement of the property. The
Secretary shall, at the beginning of each fiscal year, report to the
Committee on Interstate and Foreign Commerce of the House of
Representatives and the Committee on Commerce of the Senate all
transactions negotiated under this subsection during the preceding
fiscal year. Pub.L. 85-726, Title III, § 303, Aug. 23, 1958, 72 Stat.
747, amended Pub.L. 91-258, Title I, § 51 (a) (1), May 21, 1970,
84 Stat. 234.
§ 1345. Presidential authority to transfer certain functions
The President may transfer to the Administrator any functions
(including powers, duties, activities, facilities, and parts of func- _
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FED. AVIATION ACT 49 § 1345
tions) of the executive departments or agencies of the Govern-
ment or of any officer or organizational entity thereof which relate
primarily to selecting, developing, testing, evaluating, establish-
ing, operating and maintaining systems, procedures, facilities, or
devices for safe and efficient air navigation and air traffic control.
In connection with any such transfer, the President may provide
for appropriate transfers of records, property, and for necessary
civilian and military personnel to be made available from the
other office, department, or other agency from which the transfer
is made. Pub.L. 85-726, Title III, § 304, Aug. 23, 1958, 72 Stat.
749.
§ 1346. Fostering of civil aeronautics and air commerce
The Administrator is empowered and directed to encourage and
foster the development of civil aeronautics and air commerce in
the United States and abroad. Pub.L. 85-726, Title III, § 305, Aug.
23,1958, 72 Stat. 749.
§ 1347. National defense and civil needs
In exercising the authority granted in, and discharging the du-
ties imposed by, this chapter, the Administrator shall give full
consideration to the requirements of national defense, and of com-
mercial and general aviation, and to the public right of freedom of
transit through the navigable airspace. Pub.L. 85-726, Title III, §
306, Aug. 23, 1958, 72 Stat. 749.
§ 1348. Airspace control and facilities—Use of airspace
(a) The Administrator is authorized and directed to develop
plans for and formulate policy with respect to the use of the
navigable airspace; and assign by rule, regulation, or order the
use of the navigable airspace under such terms, conditions, and
limitations as he may deem necessary in order to insure the safety
of aircraft and the efficient utilization of such airspace. He may
modify or revoke such assignment when required in the public
interest.
Air navigation facilities
(b) The Administrator is authorized, within the limits of avail-
able appropriations made by the Congress, (1) to acquire, estab-
lish, and improve air-navigation facilities wherever necessary;
(2) to operate and maintain such air-navigation facilities; (3) to
arrange for publication of aeronautical maps and charts necessary
for the safe and efficient movement of aircraft in air navigation
utilizing the facilities and assistance of existing agencies of the
Government so far as practicable; and (4) to provide necessary
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facilities and personnel for the regulation and protection of air
traffic.
Air traffic rules
(c) The Administrator is further authorized and directed to
prescribe air traffic rules and regulations governing the flight of
aircraft, for the navigation, protection, and identification of air-
craft, for the protection of persons and property on the ground,
and for the efficient utilization of the navigable airspace, including
rules as to safe altitudes of flight and rules for the prevention of
collision between aircraft, between aircraft and land or water
vehicles, and between aircraft and airborne objects.
Applicability of Administrative Procedure Act
(d) In the exercise of the rulemaking authority under subsec- B
tions (a) and (c) of this section, the Administrator shall be sub- •§
ject to the provisions of the Administrative Procedure Act, not-
withstanding any exception relating to military or naval functions
in section 1003 of Title 5.
Exemptions
(e) The Administrator from time to time may grant exemptions
from the requirements of any rule or regulation prescribed under
this subchapter if he finds that such action would be in the public
interest.
Exception for military emergencies
(f) When it is essential to the defense of the United States
because of a military emergency or urgent military necessity, and
when appropriate military authority so determines, and when
prior notice thereof is given to the Administrator, such military
authority may authorize deviation by military aircraft of the na-
tional defense forces of the United States from air traffic rules
issued pursuant to this subchapter. Such prior notice shall be
given to the Administrator at the earliest time practicable and, to
the extent time and circumstances permit, every reasonable effort
shall be made to consult fully with the Administrator and to ar-
range in advance for the required deviation from the rules on a
mutually acceptable basis. Pub.L. 85-726, Title III, § 307, Aug. 23,
1958, 72 Stat. 749. •
§ 1349. Expenditure of Federal funds for certain airports and
air navigation facilities; location of airports, landing areas, and ••
missile and rocket sites •
(a) No Federal funds, other than those expended under this
chapter, shall be expended, other than for military purposes «
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FED. AVIATION ACT 49 § 1349
(whether or not in cooperation with State or other local govern-
mental agencies), for the acquisition, establishment, construction,
alteration, repair, maintenance, or operation of any landing area,
or for the acquisition, establishment, construction, maintenance,
or operation of air navigation facilities thereon, except upon writ-
ten recommendation and certification by the Administrator that
such landing area or facility is reasonably necessary for use in air
commerce or in the interests of national defense. Any interested
person may apply to the Administrator, under regulations pre-
scribed by him, for such recommendation and certification with
respect to any landing area or air navigation facility proposed to
be established, constructed, altered, repaired, maintained, or oper-
ated by, or in the interests of, such person. There shall be no
exclusive right for the use of any landing area or air navigation
facility upon which Federal funds have been expended.
(b) In order to assure conformity to plans and policies for
allocations of airspace by the Administrator under section 1348 of
this title, no military airport or landing area, or missile or rocket
site shall be acquired, established, or constructed, or any runway
layout substantially altered, unless reasonable prior notice thereof
is given the Administrator so that he may advise with the appro-
priate committees of the Congress and other interested agencies as
to the effects of such acquisition, establishment, construction, or
alteration on the use of airspace by aircraft. In case of a disagree-
ment between the Administrator and the Department of Defense
or the National Aeronautics and Space Administration the matter
may be appealed to the President for final determination. Pub.L.
85-726, Title III, § 308, Aug. 23, 1958, 72 Stat. 750.
§ 1350. Establishment or construction of airports and landing
areas not involving expenditure of Federal funds
In order to assure conformity to plans and policies for, and
allocations of, airspace by the Administrator under section 1348 of
this title, no airport or landing area not involving expenditure of
Federal funds shall be established, or constructed, or any runway
layout substantially altered unless reasonable prior notice thereof
is given the Administrator, pursuant to regulations prescribed by
him, so that he may advise as to the effects of such construction on
the use of airspace by aircraft. Pub.L. 85-726, Title III, § 309,
Aug. 23, 1958, 72 Stat. 751.
§ 1351. Meteorological service
The Administrator is empowered and directed to make recom-
mendations to the Secretary of Commerce for providing meteorol-
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ogical service necessary for the safe and efficient movement of •
aircraft in air commerce. In providing meteorological services, the
Secretary of Commerce shall cooperate with the Administrator
and give full consideration to such recommendations. Pub.L. 85-
726, Title III, § 310, Aug. 23,1958, 72 Stat. 751.
§ 1352. Collection and dissemination of information
The Administrator is empowered and directed to collect and
disseminate information relative to civil aeronautics (other than
information collected and disseminated by the Board under sub-
chapters IV and VII of this chapter) ; to study the possibilities of fll
the development of air commerce and the aeronautical industry; •§
and to exchange with foreign governments, through appropriate
governmental channels, information pertaining to civil aeronau-
tics. Pub.L. 85-726, Title III, § 311, Aug. 23, 1958, 72 Stat. 751.
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§ 1353. Development planning—Use of navigable airspace; loca-
tion of landing areas, Federal airways, radar installations, and air ••
navigation facilities ||
(a) The Administrator is directed to make long range plans for
and formulate policy with respect to the orderly development and
use of the navigable airspace, and the orderly development and
location of landing areas, Federal airways, radar installations and
all other aids and facilities for air navigation, as will best meet
the needs of, and serve the interest of civil aeronautics and na-
tional defense, except for those needs of military agencies which
are peculiar to air warfare and primarily of military concern.
Aircraft, aircraft engines, propellers, and appliances
(b) The Administrator is empowered to undertake or supervise
such developmental work and service testing as tends to the crea-
tion of improved aircraft, aircraft engines, propellers, and appli-
ances. For such purpose, the Administrator is empowered to make
purchases (including exchange) by negotiation, or otherwise, of
experimental aircraft, aircraft engines, propellers, and appliances,
which seem to offer special advantages to aeronautics.
Research and development
(c) The Administrator shall develop, modify, test, and evaluate •
systems, procedures, facilities, and devices, as well as define the ™
performance characteristics thereof, to meet the needs for safe
and efficient navigation and traffic control of all civil and military |B
aviation except for those needs of military agencies which are B
peculiar to air warfare and primarily of military concern, and
select such systems, procedures, facilities, and devices as will im
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FED. AVIATION ACT 49 § 1353
best serve such needs and will promote maximum coordination of
air traffic control and air defense systems. Contracts may be en-
tered into for this purpose without regard to section 529 of Title
31. When there is any substantial question as to whether a matter
is of primary concern to the military, the Administrator is author-
ized and directed to determine whether he or the appropriate
military agency shall have responsibility. Technical information
concerning any research and development projects of the military
agencies which have potential application to the needs of, or possi-
ble conflict with, the common system shall be furnished to the
Administrator to the maximum extent necessary to insure that
common system application potential is properly considered and
potential future conflicts with the common system are eliminated.
Pub.L. 85-726, Title III, § 312, Aug. 23,1958, 72 Stat. 752.
§ 1354. Other powers and duties of Administrator
(a) The Administrator is empowered to perform such acts, to
conduct such investigations, to issue and amend such orders, and
to make and amend such general or special rules, regulations, and
procedures, pursuant to and consistent with the provisions of this
chapter, as he shall deem necessary to carry out the provisions of,
and to exercise and perform his powers and duties under, this
chapter.
Report of proceedings and investigations; publication of reports, orders,
decisions, rules and regulations; use as evidence
(b) Except as may be otherwise provided in this chapter, the
Administrator shall make a report in writing on all proceedings
and investigations under this chapter in which formal hearings
have been held, and shall state in such report his conclusions
together with his decision, order, or requirement in the premises.
All such reports shall be entered of record and a copy thereof shall
be furnished to all parties to the proceeding or investigation. The
Administrator shall provide for the publication of such reports,
and all other reports, orders, decisions, rules, and regulations is-
sued by him under this chapter in such form and manner as may
be best adapted for public information and use. Publications pur-
porting to be published by the Administrator shall be competent
evidence of the orders, decisions, rules, regulations, and reports of
the Administrator therein contained in all courts of the United
States, and of the several States, Territories, and possessions
thereof, and the District of Columbia, without further proof or
authentication thereof.
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Power to conduct hearings and investigations
(c) In the conduct of any public hearings or investigations
authorized by this chapter, the Federal Airport Act, or the Air-
port and Airway Development Act of 1970, the Administrator
shall have the same powers to take evidence, issue subpenas, take
depositions, and compel testimony as are vested in members of the
Board and its duly designated examiners by section 1484 of this
title. Actions of the Administrator in such cases shall be governed
by the procedures specified in section 1484 of this title and be
enforced in the manner provided therein.
Training schools
(d) The Administrator is empowered to conduct a school or
schools for the purpose of training employees of the Agency in
those subjects necessary for the proper performance of all author-
ized functions of the Agency. He may also authorize attendance at
courses given in such school or schools of other governmental
personnel, and personnel of foreign governments, or personnel of
the aeronautics industry: Provided, That in the event the attend-
ance of such persons shall increase the cost of operation of such
school or schools, the Administrator may require the payment or
transfer of sufficient funds or other appropriate consideration to
offset the additional costs. In providing any training to employees
of the Agency or of other agencies of the Federal Government, the
Administrator shall be subject to the provisions of the Govern-
ment Employees Training Act. Funds received by the Administra-
tor hereunder may be credited (1) to appropriations current at ^K
the time the expenditures are to be or have been paid, (2) to H
appropriations current at the time such funds are received, or (3)
in part as provided under clause (1) and in part as provided
under clause (2). •
Annual report to the President and Congress
(e) The Administrator shall submit to the President and to the
Congress an annual report. Such report shall contain, in addition
to a report of the work performed under this chapter, such
information and data collected by the Administrator as may be
considered of value in the determination of questions connected
with the development and regulation of civil aeronautics, the utili-
zation of national airspace, and the improvement of the air navi-
gation and traffic control system, together with such recommenda-
tions as to additional legislation related thereto as the Administra-
tor may deem necessary, and the Administrator may also transmit
recommendations as to legislation at any other time. Pub.L. «
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FED. AVIATION ACT 49 § 1354
85-726, Title III, § 313, Aug. 23, 1958, 72 Stat. 752, amended
Pub.L. 91-258, Title I, § 52(b) (4) (A), May 21, 1970, 84 Stat.
235.
§ 1355. Delegation of powers and duties to private persons;
application for reconsideration
(a) In exercising the powers and duties vested in him by this
chapter, the Administrator may, subject to such regulations, su-
pervision, and review as he may prescribe, delegate to any prop-
erly qualified private person, or to any employee or employees
under the supervision of such person, any work, business, or func-
tion respecting (1) the examination, inspection, and testing neces-
sary to the issuance of certificates under subchapter VI of this
chapter, and (2) the issuance of such certificates in accordance
with standards established by him. .The Administrator may estab-
lish the maximum fees which such private persons may charge for
their services and may rescind any delegation made by him pur-
suant to this subsection at any time and for any reason which he
deems appropriate.
(b) Any person affected by any action taken by any private
person exercising delegated authority under this section may
apply for reconsideration of such action by the Administrator. The
Administrator upon his own initiative, with respect to the author-
ity granted under subsection (a) of this section, may reconsider
the action of any private person either before or after it has
become effective. If, upon reconsideration by the Administrator, it
shall appear that the action in question is in any respect unjust or
unwarranted, the Administrator shall reverse, change, or modify
the same accordingly; otherwise such action shall be affirmed:
Provided, That nothing in this subsection shall be construed as
modifying, amending, or repealing any provisions of the Adminis-
trative Procedure Act. Pub.L. 85-726, Title III, § 314, Aug. 23,
1958, 72 Stat. 754.
SUBCHAPTER iv.—AIR CARRIER ECONOMIC REGULATION
§ 1371. Certificate of public convenience and necessity
(a) No air carrier shall engage in any air transportation unless
there is in force a certificate issued by the Board authorizing such
air carrier to engage in such transportation.
Application
(b) Application for a certificate shall be made in writing to the
Board and shall be so verified, shall be in such form and contain
such information, and shall be accompanied by such proof of serv-
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ice upon such interested persons, as the Board shall by regulation •
require.
Notice of application; filing of protest or memorandum; hearing ••
(c) Upon the filing of any such application, the Board shall give II
due notice thereof to the public by posting a notice of such appli-
cation in the office of the secretary of'the Board and to such other
persons as the Board may by regulation determine. Any interested
person may file with the Board a protest or memorandum of oppo-
sition to or in support of the issuance of a certificate. Such appli-
cation shall be set for public hearing, and the Board shall dispose •
of such application as speedily as possible. •
Issuance ••
(d) (1) The Board shall issue a certificate authorizing the H
whole or any part of the transportation covered by the applica-
tion, if it finds that the applicant is fit, willing, and able to per-
form such transportation properly, and to conform to the provi-
sions of this chapter and the rules, regulations, and requirements
of the Board hereunder, and that such transportation is required
by the public convenience and necessity; otherwise such applica-
tion shall be denied.
(2) In the case of an application for a certificate to engage in
temporary air transportation, the Board may issue a certificate
authorizing the whole or any part thereof for such limited periods
as may be required by the public convenience and necessity, if it
finds that the applicant is fit, willing, and able properly to per-
form such transportation and to conform to the provisions of this
chapter and the rules, regulations, and requirements of the Board
hereunder.
(3) In the case of an application for a certificate to engage in
supplemental air transportation, the Board may issue a certificate,
to any applicant not holding a certificate under paragraph (1) or
(2) of this subsection, authorizing the whole or any part thereof,
and for such periods, as may be required by the public convenience
and necessity, if it finds that the applicant is fit, willing, and able
properly to perform the transportation covered by the application
and to conform to the provisions of this chapter and the rules,
regulations, and requirements of the Board hereunder. Any certif-
icate issued pursuant to this paragraph shall contain such limita-
tions as the Board shall find necessary to assure that the service
rendered pursuant thereto will be limited to supplemental air
transportation as defined in this chapter.
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FED. AVIATION ACT 49 § 1371
Terms, conditions, and limitations
(e) (1) Each certificate issued under this section shall specify
the terminal points and intermediate points, if any, between which
the air carrier is authorized to engage in air transportation and
the service to be rendered; and there shall be attached to the
exercise of the privileges granted by the certificate, or amendment
thereto, such reasonable terms, conditions, and limitations as the
public interest may require.
(2) A certificate issued under this section to engage in foreign
air transportation shall, insofar as the operation is to take place
without the United States, designate the terminal and intermedi-
ate points only insofar as the Board shall deem practicable, and
otherwise shall designate only the general route or routes to be
followed. Any air carrier holding a certificate for foreign air
transportation shall be authorized to handle and transport mail of
countries other than the United States.
(3) A certificate issued under this section to engage in supple-
mental air transportation shall designate the terminal and inter-
mediate points only insofar as the Board shall deem practicable
and otherwise shall designate only the geographical area or areas
within or between which service may be rendered.
(4) No term, condition, or limitation of a certificate shall res-
trict the right of an air carrier to add to or change schedules,
equipment, accommodations, and facilities for performing the au-
thorized transportation and service as the development of the
business and the demands of the public shall require; except that
the Board may impose such terms, conditions, or limitations in a
certificate for supplemental air transportation when required by
subsection (d) (3) of this section.
(5) No air carrier shall be deemed to have violated any term,
condition, or limitation of its certificate by landing or taking off
during an emergency at a point not named in its certificate or by
operating in an emergency, under regulations which may be pre-
scribed by the Bord, between terminal and intermediate points
other than those specified in its certificate.
(6) Any air carrier, other than a supplemental air carrier, may
perform charter trips (including inclusive tour charter trips) or
any other special service, without regard to the points named in
its certificate, or the type of service provided therein, under regu-
lations prescribed by the Board.
Effective date and duration
(f) Each certificate shall be effective from the date specified
therein, and shall continue in effect until suspended or revoked as
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hereinafter provided, or until the Board shall certify that opera- •
tion thereunder has ceased, or, if issued for a limited period of " ^
time under subsection (d) (2) of this section, shall continue in
effect until the expiration thereof, unless, prior to the date of H
expiration, such certificate shall be suspended or revoked as pro- •§
vided herein, or the Board shall certify that operations thereunder
have ceased: Provided, That if any service authorized by a certifi-
cate is not inaugurated within such period, not less than ninety
days, after the date of the authorization as shall be fixed by the
Board, or if, for a period of ninety days or such other period as
may be designated by the Board any such service is not operated,
the Board may by order, entered after notice and hearing, direct
that such certificate shall thereupon cease to be effective to the
extent of such service.
Alteration, amendment, modification, suspension, or revocation
(g) The Board upon petition or complaint or upon its own
initiative, after notice and hearings, may alter, amend, modify, or
suspend any such certificate, in whole or in part, if the public
convenience and necessity so require, or may revoke any such
certificate, in whole or in part, for intentional failure to comply
with any provision of this subchapter or any order, rule, or regu-
lation issued hereunder or any term, condition, or limitation of
such certificate: Provided, That no such certificate shall be re-
voked unless the holder thereof fails to comply, within a reasona-
ble time to be fixed by the Board, with an order of the Board
commanding obedience to the provision, or to the order (other
than an order issued in accordance with this proviso), rule, regu-
lation, term, condition, or limitation found by the Board to have
been violated. Any interested person may file with the Board a
protest or memorandum in support of or in opposition to the
alteration, amendment, modification, suspension, or revocation of
the certificate.
Transfer
(h) No certificate may be transferred unless such transfer is
approved by the Board as being consistent with the public inter-
est.
Rights in the use of airspace, airways, landing areas,
or air-navigation facilities
(i) No certificate shall confer any proprietary, property, or
exclusive right in the use of any airspace, Federal airway, landing
area, or air-navigation facility. «
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FED. AVIATION ACT 49 § 1371
Abandonment of routes
(j) No air carrier shall abandon any route, or part thereof, for
which a certificate has been issued by the Board, unless, upon the
application of such air carrier, after notice and hearing, the Board
shall find such abandonment to be in the public interest. Any
interested person may file with the Board a protest or memoran-
dum of opposition to or in support of any such abandonment. The
Board may, by regulations or otherwise, authorize such temporary
suspension of service as may be in the public interest.
Compliance with labor legislation
(k) (1) Every air carrier shall maintain rates of compensation,
maximum hours, and other working conditions and relations of all
of its pilots and copilots who are engaged in interstate air trans-
portation within the continental United States (not including
Alaska) so as to conform with decision numbered 83 made by the
National Labor Board on May 10, 1934, notwithstanding any limi-
tation therein as to the period of its effectiveness.
(2) Every air carrier shall maintain rates of compensation for
all of its pilots and copilots who are engaged in overseas or for-
eign air transportation or air transportation wholly within a Ter-
ritory or possession of the United States, the minimum of which
shall be not less, upon an annual basis, than the compensation
required to be paid under said decision 83 for comparable service
to pilots and copilots engaged in interstate air transportation
within the continental United States (not including Alaska).
(3) Nothing- herein contained shall be construed as restricting
the right of any such pilots or copilots, or other employees, of any
such air carrier to obtain by collective bargaining higher rates of
compensation or more favorable working conditions or relations.
(4) It shall be a condition upon the holding of a certificate by
any air carrier that such carrier shall comply with sections
181-188 of Title 45.
(5) The term "pilot" as used in this subsection shall mean an
employee who is responsible for the manipulation of or who ma-
nipulates the flight controls of an aircraft while under way includ-
ing take-off and landing of such aircraft, and the term "copilot" as
used in this subsection shall mean an employee any part of whose
duty is to assist or relieve the pilot in such manipulation, and who
is properly qualified to serve as, and holds a currently effective
airman certificate authorizing him to serve as, such pilot or copi-
lot.
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Carriage of mail IB
(1) Whenever so authorized by its certificate, any air carrier jf
shall provide necessary and adequate facilities and service for the
transportation of mail, and shall transport mail whenever re-
quired by the Postmaster General. Such air carrier shall be enti-
tled to receive reasonable compensation therefor as hereinafter
provided.
Application for new mail service
(m) Whenever, from time to time, the Postmaster General shall
find that the needs of the Postal Service require the transportation
of mail by aircraft between any points within the United States or
between the United States and foreign countries, in addition to the
transportation of mail authorized in certificates then currently
effective, the Postmaster General shall certify such finding to the
Board and file therewith a statement showing such additional
service and the facilities necessary in connection therewith, and a
copy of such certification and statement shall be posted for at least ••
twenty days in the office of the secretary of the Board. The Board •
shall, after notice and hearing, and if found by it to be required by
the public convenience and necessity, make provision for such
additional service, and the facilities necessary in connection there-
with, by issuing a new certificate or certificates or by amending
an existing certificate or certificates in accordance with the provi-
sions of this section.
Additional powers and duties of Board with respect
to supplemental air carriers
(n) (1) No certificate to engage in supplemental air transporta-
tion, and no special operating authorization described in section
1387 of this title, shall be issued or remain in effect unless the
applicant for such certificate or the supplemental air carrier, as —
the case may be, complies with regulations or orders issued by the •
Board governing the filing and approval of policies of insurance, ^*
in the amount prescribed by the Board, conditioned to pay, within
the amount of such insurance, amounts for which such applicant II
or such supplemental air carrier may become liable for bodily H
injuries to or the death of any person, or for loss of or damage to
property of others, resulting from the negligent operation or
maintenance of aircraft under such certificate or such special op-
erating authorization.
(2) In order to protect travelers and shippers by aircraft oper- _
ated by supplemental air carriers, the Board may require any H
supplemental air carrier to file a performance bond or equivalent ™
security arrangement, in such amount and upon such terms as the
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FED. AVIATION ACT 49 § 1371
Board shall prescribe, to be conditioned upon such supplemental
air carrier's making appropriate compensation to such travelers
and shippers, as prescribed by the Board, for failure on the part
of such carrier to perform air transportation services in accord-
ance with agreements therefor.
(3) If any service authorized by a certificate to engage in sup-
plemental air transportation is not performed to the minimum
extent prescribed by the Board, it may by order, entered after
notice and hearing, direct that such certificate shall thereupon
cease to be effective to the extent of such service.
(4) The requirement that each applicant for a certificate to
engage in supplemental air transportation must be found to be fit,
willing, and able properly to perform the transportation covered
by his application and to conform to the provisions of this chapter
and the rules, regulations, and requirements of the Board under
this chapter, shall be a continuing requirement applicable to each
supplemental air carrier with respect to the transportation au-
thorized by, and currently furnished or proposed to be furnished
under, such carrier's certificate. The Board shall be order, entered
after notice and hearing, modify, suspend, or revoke such certifi-
cate, in whole or in part, for failure of such carrier (A) to comply
with the continuing requirement that such carrier be so fit, will-
ing, and able, or (B) to file such reports as the Board may deem
necessary to determine whether such carrier is so fit, willing, and
able.
(5) In any case in which the Board determines that the failure
of a supplemental air carrier to comply with the provisions of
paragraph (1), (3), or (4) of this subsection, or regulations or
orders of the Board thereunder, requires, in the interest of the
rights, welfare, or safety of the public, immediate suspension of
such carrier's certificate, the Board shall suspend such certificate,
in whole or in part, without notice or hearing, for not more than
thirty days. The Board shall immediately enter upon a hearing to
determine whether such certificate should be modified, suspended,
or revoked and, pending the completion of such hearing, the Board
may further suspend such certificate for additional periods aggre-
gating not more than sixty days. If the Board determines that a
carrier whose certificate is suspended under this paragraph comes
into compliance with the provisions of paragraphs (1), (3), and
(4) of this subsection, and regulations and orders of the Board
thereunder, the Board may immediately terminate the suspension
of such certificate and any pending proceeding commenced under
this paragraph, but nothing in this sentence shall preclude the
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49 6 1371 EPA CURRENT LAWS—AlIR
36
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Board from imposing on such carrier a civil penalty for any viola- Hj
tion of such provisions, regulations, or orders. •§
(6) The Board shall prescribe such regulations and issue such
orders as may be necessary to carry out the provisions of this •
subsection. Pub.L. 85-726, Title IV, § 401, Aug. 23, 1958, 72 Stat. ||
754; Pub.L. 87-528, §§ 2-4, July 10, 1962, 76 Stat. 143, amended
Pub.L. 90-514, § 3, Sept. 26, 1968, 82 Stat. 867. _
§ 1372. Permits to foreign air carriers — Necessity •§
(a) No foreign air carrier shall engage in foreign air transpor-
tation unless there is in force a permit issued by the Board author-
izing such carrier so to engage.
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Issuance
(b) The Board is empowered to issue such a permit if it finds
that such carrier is fit, willing, and able properly to perform such
air transportation and to conform to the provisions of this chapter
and the rules, regulations, and requirements of the Board hereun-
der, and that such transportation will be in the public interest.
Application
(c) Application for a permit shall be made in writing to the
Board, shall be so verified, shall be in such form and contain such
information, and shall be accompanied by such proof of service
upon such interested persons, as the Board shall by regulation
require.
Notice of application; filing of protest or memorandum; hearing
(d) Upon the filing of an application for a permit the Board
shall give due notice thereof to the public by posting a notice of
such application in the office of the secretary of the Board and to
such other persons as the Board may by regulation determine. Any
interested person may file with the Board a protest or memoran-
dum of opposition to or in support of the issuance of a permit.
Such application shall be set for public hearing and the Board
shall dispose of such application as speedily as possible.
Terms, conditions, and limitations
(e) The Board may prescribe the duration of any permit and
may attach to such permit such reasonable terms, conditions, or
limitations as, in its judgment, the public interest may require.
Alteration, modification, amendment, suspension, cancellation,
or revocation
(f ) Any permit issued under the provisions of this section may,
after notice and hearing, be altered, modified, amended, sus-
pended, canceled, or revoked by the Board whenever it finds such
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FED. AVIATION ACT 49 § 1372
action to be in the public interest. Any interested person may file
with the Board a protest or memorandum in support if or in
opposition to the alteration, modification, amendment, suspension,
cancellation, or revocation of a permit.
Transfer of permit
(g) No permit may be transferred unless such transfer is ap-
proved by the Board as being in the public interest. Pub.L. 85-726,
Title IV, § 402, Aug. 23,1958, 72 Stat. 757.
§ 1373. Tariffs of air carriers—Filing, posting, and publication;
rejection of tariffs
(a) Every air carrier and every foreign air carrier shall file
with the Board, and print, and keep open to public inspection,
tariffs showing all rates, fares, and charges for air transportation
between points served by it, and between points served by it and
points served by any other air carrier or foreign air carrier when
through service and through rates shall have been established, and
showing to the extent required by regulations of the Board, all
classifications, rules, regulations, practices, and services in connec-
tion with such air transportation. Tariffs shall be filed, posted, and
published in such form and manner, and shall contain such infor-
mation, as the Board shall by regulation prescribe; and the Board
is empowered to reject any tariff so filed which is not consistent
with this section and such regulations. Any tariff so rejected shall
be void. The rates, fares, and charges shown in any tariff shall be
stated in terms of lawful money of the United States, but such
tariffs may also state rates, fares, and charges in terms of curren-
cies other than lawful money of the United States, and may, in the
case of foreign air transportation, contain such information as
may be required under the laws of any country in or to which an
air carrier or foreign air carrier is authorized to operate.
Observance of tariffs; granting of rebates
(b) No air carrier or foreign air carrier shall charge or demand
or collect or receive a greater or less or different compensation for
air transportation, or for any service in connection therewith,
than the rates, fares, and charges specified in its currently effec-
tive tariffs; and no air carrier or foreign air carrier shall, in any
manner or by any device, directly or indirectly, or through any
agent or broker, or otherwise, refund or remit any portion of the
rates, fares, or charges so specified, or extend to any person any
privileges or facilities, with respect to matters required by the
Board to be specified in such tariffs, except those specified therein.
Nothing in this chapter shall prohibit such air carriers or foreign
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49 § 1373 EPA CURRENT LAWS—AJIR
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air carriers, under such terms and conditions as the Board may H
prescribe, from issuing or interchanging tickets or passes for free .
or reduced-rate transportation to their directors, officers, and em-
ployees (including retired directors, officers, and employees who H
are receiving retirement benefits from any air carrier or foreign Hi
air carrier), the parents and immediate families of such officers
and employees, and the immediate families of such directors; wid-
ows, widowers, and minor children of employees who have died as
a direct result of personal injury sustained while in the perform-
ance of duty in the service of such air carrier of foreign air
carrier; witnesses and attorneys attending any legal investigation
in which any such air carrier is interested; persons injured in
aircraft accidents and physicians and nurses attending such per-
sons; immediate families, including parents, of persons injured or
killed in aircraft accidents where the object is to transport
such persons in connection with such accident; and any person or
property with the object of providing relief in cases of general
epidemic, pestilence, or other calamitous visitation; and, in the
case of overseas or foreign air transportation, to such other per-
sons and under such other circumstances as the Board may by
regulations prescribe. Any air carrier or foreign air carrier, under
such terms and conditions as the Board may prescribe, may grant
reduced-rate transportation to ministers of religion on a space-a-
vailable basis.
Notice of change in tariff
(c) No change shall be made in any rate, fare, or charge, or any M
classification, rule, regulation, or practice affecting such rate, fare, •
or charge, or the value of the service thereunder, specified in any
effective tariff of any air carrier or foreign air carrier, except
after thirty days' notice of the proposed change filed, posted, and •
published in accordance with subsection (a) of this section. Such ••
notice shall plainly state the change proposed to be made and the
time such change will take effect. The Board may in the public
interest, by regulation or otherwise, allow such change upon notice
less than that herein specified, or modify the requirements of this
section with respect to filing and posting of tariffs, either in par-
ticular instances or by general order applicable to special or pe-
culiar circumstances or conditions.
Filing of divisions of rates and charges
(d) Every air carrier or foreign air carrier shall keep currently
on file with the Board, if the Board so requires, the established
divisions of all joint rates, fares, and charges for air transporta-
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FED. AVIATION ACT 49 § 1373
tion in which such air carrier or foreign air carrier participates.
Pub.L. 85-726, Title IV, § 403, Aug. 23, 1958, 72 Stat. 758; Pub.L.
86-627, July 12, 1960, 74 Stat. 445.
§ 1374. Rates for carriage of persons and property; duty to
provide service, rates, and divisions; discrimination
(a) It shall be the duty of every air carrier to provide and
furnish interstate and overseas air transportation, as authorized
by its certificate, upon reasonable request therefor and to provide
reasonable through service in such air transportation in connec-
tion with other air carriers; to provide safe and adequate service,
equipment, and facilities in connection with such transportation;
to establish, observe, and enforce just and reasonable individual
and joint rates, fares, and charges, and just and reasonable classi-
fications, rules, regulations, and practices relating to such air
transportation; and, in case of such joint rates, fares, and
charges, to establish just, reasonable, and equitable divisions
thereof as between air carriers participating therein which shall
not unduly prefer or prejudice any of such participating air car-
riers.
(b) No air carrier or foreign air carrier shall make, give, or
cause any undue or unreasonable preference or advantage to any
particular person, port, locality, or description of traffic in air trans-
portation in any respect whatsoever or subject any particular
person, port, locality, or description of traffic in air transportation
to any unjust discrimination or any undue or unreasonable preju-
dice or disadvantage in any respect whatsoever. Pub.L. 85-726,
Title IV, § 404, Aug. 23, 1958, 72 Stat. 760.
§ 1375. Transportation of mail—Postal rules and regulations
(a) The Postmaster General is authorized to make such rules
and regulations, not inconsistent with the provisions of this chap-
ter, or any order, rule, or regulation made by the Board thereun-
der, as may be necessary for the safe and expeditious carriage of
mail by aircraft.
Mail schedules
(b) Each air carrier shall, from time to time, file with the
Board and the Postmaster General a statement showing the points
between which such air carrier is authorized to engage in air
transportation, and all schedules, and all changes therein, of air-
craft regularly operated by the carrier between such points, set-
ting forth in respect of each such schedule the points served
thereby and the time of arrival and departure at each such point.
The Postmaster General may designate any such schedule for the
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49 § 1375 EPA CURRENT LAWS—AIR .
transportation of mail between the points between which the air •
carrier is authorized by its certificate to transport mail, and may, • ™
by order, require the air carrier to establish additional schedules
for the transportation of mail between such points. No change
shall be made in any schedules designated or ordered to be estab-
lished by the Postmaster General except upon ten days' notice
thereof filed as herein provided. The Postmaster General may by ••
order disapprove any such change or alter, amend, or modify any •
such schedule or change. No order of the Postmaster General
under this subsection shall become effective until ten days after its _
issuance. Any person who would be aggrieved by any such order H
of the Postmaster General under this subsection may, before the ^*
expiration of such ten-day period, apply to the Board, under such
regulations as it may prescribe, for a review of such order. The
Board may review, and, if the public convenience and necessity so
require, amend, revise, suspend, or cancel such order; and, pend-
ing such review and the determination thereof, may postpone the
effective date of such order. The Board shall give preference to
proceedings under this subsection over all proceedings pending
before it. No air carrier shall transport mail in accordance with
any schedule other than a schedule designated or ordered to be
established under this subsection for the transportation of mail.
Maximum mail load
(c) The Board may fix the maximum mail load for any schedule
or for any aircraft or any type of aircraft; but, in the event that
mail in excess of the maximum load is tendered by the Postmaster
General for transportation by any air carrier in accordance with
any schedule designated or ordered to be established by the Post-
master General under subsection (b) of this section for the trans-
portation of mail, such air carrier shall, to the extent such air
carrier is reasonably able as determined by the Board, furnish
facilities sufficient to transport, and shall transport, such mail as
nearly in accordance with such schedule as the Board shall deter-
mine to be possible.
Tender of mail
(d) From and after the issuance of any certificate authorizing
the transportation of mail by aircraft, the Postmaster General
shall tender mail to the holder thereof, to the extent required by
the Postal Service, for transportation between the points named in
such certificate for the transportation of mail, and such mail shall
be transported by the air carrier holding such certificate in ac-
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FED. AVIATION ACT 49 § 1375
cordance with such rules, regulations, and requirements as may be
promulgated by the Postmaster General under this section.
Foreign postal arrangement
(e) (1) Nothing in this chapter shall be deemed to abrogate or
affect any arrangement made by the United States with the postal
administration of any foreign country with respect to transporta-
tion of mail by aircraft, or to impair the authority of the Postmas-
ter General to enter into any such arrangement with the postal
administration of any foreign country.
(2) The Postmaster General may, in any case where service
may be necessary by a person not a citizen of the United States
who may not be obligated to transport the mail for a foreign
country, make arrangements, without advertising, with such per-
son for transporting mail by aircraft to or within any foreign
country.
Transportation of foreign mail
(f) (1) Any air carrier holding a certificate to engage in for-
eign air transportation and transporting mails of foreign coun-
tries shall transport such mails subject to control and regulation
by the United States. The Postmaster General shall from time to
time fix the rates of compensation that shall be charged the
respective foreign countries for the transportation of their mails
by such air carriers, and such rates shall be put into effect by the
Postmaster General in accordance with the provisions of the
postal convention regulating the postal relations between the Un-
ited States and the respective foreign countries, or as provided
hereinafter in this subsection. In any case where the Postmaster
General deems such action to be in the public interest, he may
approve rates provided in arrangements between any such air
carrier and any foreign country covering the transportation of
mails of such country, under which mails of such country have been
carried on scheduled operations prior to January 1, 1938, or in
extensions or modifications of such arrangements, and may permit
any such air carrier to enter into arrangements with any foreign
country for the transportation of its mails at rates fixed by the
Postmaster General in advance of the making of any such ar-
rangement. The Postmaster General may authorize any such air
carrier, under such limitations as the Postmaster General may
prescribe, to change the rates to be charged any foreign country
for the transportation of its mails by such air carrier within that
country or between that country and another foreign country.
(2) In any case where such air carrier has an arrangement
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49 § 1375 EPA CURRENT LAWS—AIR ™
•
•with any foreign country for transporting its mails, made or ap- H
proved in accordance with the provisions of paragraph (1) of this ^ Hi
subsection, it shall collect its compensation from the foreign coun-
try under its arrangement, and in case of the absence of any
arrangement between the air carrier and the foreign country con-
sistent with this subsection, the collections made from the foreign
country by the United States shall be for the account of such air mm
carrier: Provided, That no such air carrier shall be entitled to •
receive compensation both from such foreign country and from
the United States in respect of the transportation of the same mail
or the same mails of foreign countries. H
Evidence of performance of mail service
(g) Air carriers transporting or handling United States mail
shall submit, under signature of a duly authorized official, when H
and in such form as may be required by the Postmaster General, Hi
evidence of the performance of mail service; and air carriers
transporting or handling mails of foreign countries shall submit,
under signature of a duly authorized official, when and in such
form as may be required by the Postmaster General, evidence of
the amount of such mails transported or handled, and the compen- ••
sation payable and received therefor. •
Emergency mail service
(h) In the event of emergency caused by flood, fire, or other mm
calamitous visitation, the Postmaster General is authorized to con- H
tract, without advertising, for the transportation by aircraft of
any or all classes of mail to or from localities affected by such
calamity, where available facilities of persons authorized to trans-
port mail to or from such localities are inadequate to meet the
requirements of the Postal Service during such emergency. Such
contracts may be only for such periods as may be necessitated, for
the maintenance of mail service, by the inadequacy of such other
facilities. No operation pursuant to any such contract, for such
period, shall be air transportation within the purview of this •
chapter. Payment of compensation for service performed under H
such contracts shall be made, at rates provided in such contracts,
from appropriations for the transportation of mail by the means _
normally used for transporting the mail transported under such H
contracts. ™
Experimental airmail service
(i) Nothing contained in this chapter shall be construed to
repeal in whole or in part the provisions of section 470 of Title 39.
The transportation of mail under contracts entered into under
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FED. AVIATION ACT 49 § 1375
such section shall not, except for sections 1371 (k) and 1386 (b) of
this title, be deemed to be "air transportation" as used in this
chapter, and the rates of compensation for such transportation of
mail shall not be fixed under this chapter.
Free travel for postal employees
(j) Every air carrier carrying the mails shall carry on any
plane that it operates and without charge therefor, the persons in
charge of the mails when on duty, and such duly accredited agents
and officers of the Post Office Department, and post office inspec-
tors, while traveling on official business relating to the transporta-
tion of mail by aircraft, as the Board may by regulation prescribe,
upon the exhibition of their credentials. Pub.L. 85-726, Title IV, §
405, Aug. 23, 1958, 72 Stat. 760.
§ 1376. Rates for transportation of mail—Authorization to fix
rates
(a) The Board is empowered and directed, upon its own initia-
tive or upon petition of the Postmaster General or an air carrier,
(1) to fix and determine from time to time, after notice and
hearing, the fair and reasonable rates of compensation for the
transportation of mail by aircraft, the facilities used and useful
therefor, and the services connected therewith (including the
transportation of mail by an air carrier by other means than
aircraft whenever such transportation is incidental to the trans-
portation of mail by aircraft or is made necessary by conditions of
emergency arising from aircraft operation), by each holder of a
certificate authorizing the transportation of mail by aircraft, and
to make such rates effective from such date as it shall determine to
be proper; (2) to prescribe the method or methods, by aircraft-
mile, pound-mile, weight, space, or any combination thereof, or
otherwise, for ascertaining such rates of compensation for each
air carrier or class of air carriers; and (3) to publish the same.
Rate-making elements
(b) In fixing and determining fair and reasonable rates of
compensation under this section, the Board, considering the condi-
tions peculiar to transportation by aircraft and to the particular
air carrier or class of air carriers, may fix different rates for
different air carriers or classes of air carriers, and different
classes of service. In determining the rate in each case, the Board
shall take into consideration, among other factors, (1) the condi-
tion that such air carriers may hold and operate under certificates
authorizing the carriage of mail only by providing necessary and
adequate facilities and service for the transportation of mail; (2)
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49 § 1376 EPA CURRENT LAWS—AIR ™
such standards respecting the character and quality of service to Hj
be rendered by air carriers as may be prescribed by or pursuant to B
law; and (3) the need of each such air carrier (other than a
supplemental air carrier) for compensation for the transportation
of mail sufficient to insure the performance of such service, and,
together with all other revenue of the air carrier, to enable such
air carrier under honest, economical, and efficient management, to
maintain and continue the development of air transportation to
the extent and of the character and quality required for the com-
merce of the United States, the Postal Service, and the national
defense. In applying clause (3) of this subsection, the Board shall
take into consideration any standards and criteria prescribed by
the Secretary of Transportation, for determining the character
and quality of transportation required for the commerce of the
United States and the national defense.
Payments for transportation of mail
(c) The Postmaster General shall make payments out of appro-
priations for the transportation of mail by aircraft of so much of
the total compensation as if fixed and determined by the Board
under this section without regard to clause (3) of subsection (b)
of this section. The Board shall make payments of the remainder
of the total compensation payable under this section out of appro-
priations made to the Board for that purpose.
Treatment of proceeds of disposition of certain property
(d) In determining the need of an air carrier for compensation
for the transportation of mail, and such carrier's "other revenue"
for the purpose of this section, the Board shall not take into
account—
(1) gains derived from the sale or other disposition of
flight equipment if (A) the carrier notfies the Board in writ-
ing that it has invested or intends to reinvest the gains (less
applicable expenses and taxes) derived from such sale or
other disposition in flight equipment, and (B) submits evi-
dence in the manner prescribed by the Board that an amount
equal to such gains (less applicable expenses and taxes) has
been expended for purchase of flight equipment or has been
deposited in a special reequipment fund, or
(2) losses sustained from the sale or other disposition of
flight equipment. ^^
Any amounts so deposited in a reequipment fund as above pro- •
vided shall be used solely for investment in flight equipment either ™
through payments on account of the purchase price or construe-
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FED. AVIATION ACT 49 § 1376
tion of flight equipment or in retirement of debt contracted for the
purchase or construction of flight equipment, and unless so rein-
vested within such reasonable time as the Board may prescribe,
the carrier shall not have the benefit of this paragraph. Amounts
so deposited in the reequipment fund shall not be included as part
of the carrier's used and useful investment for purposes of this
section until expended as provided above: Provided, That the
flight equipment in which said gains may be invested shall not
include equipment delivered to the carrier prior to April 6, 1956:
Provided further, That the provisions of this subsection shall be
effective as to all capital gains or losses realized on and after April
6, 1956, with respect to the sale or other disposition of flight
equipment whether or not the Board shall have entered a final
order taking account thereof in determining all other revenue of
the air carrier.
Statements of Postmaster General and carrier
(e) Any petition for the fixing of fair and reasonable rates of
compensation under this section shall include a statement of the
rate the petitioner believes to be fair and reasonable. The Post-
master General shall introduce as part of the record in all proceed-
ings under this section a comprehensive statement of all service to
be required of the air carrier and such other information in his
possession as may be deemed by the Board to be material to the
inquiry.
Weighing of mail
(f) The Postmaster General may weigh the mail transported by
aircraft and make such computations for statistical and adminis-
trative purposes as may be required in the interest of the mail
service. The Postmaster General is authorized to employ such cler-
ical and other assistance as may be required in connection with
proceedings under this chapter. If the Board shall determine that
it is necessary or advisable, in order to carry out the provisions of
this chapter, to have additional and more frequent weighing of the
mails, the Postmaster General, upon request of the Board shall
provide therefor in like manner, but such weighing need not be for
continuous periods of more than thirty days.
Availability of appropriations
(g) Except as otherwise provided in section 1375 (h) of this
title, the unexpended balances of all appropriations for the trans-
portation of mail by aircraft pursuant to contracts entered into
under the Air Mail Act of 1934, as amended, and the unexpended
balance of all appropriations available for the transportation of
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49 § 1376 EPA CUEKENT LAWS—Aim
mail by aircraft in Alaska, shall be available, in addition to the H
purposes stated in such appropriations, for the payment of com-"
pensation by the Postmaster General as provided in this chapter,
for the transportation of mail by aircraft, the facilities used and
useful therefor, and the services connected therewith, between
points in the continental United States or between points in Ha-
waii or in Alaska or between points in the continental United •
States and points in Canada within one hundred and fifty miles of ||
the interenational boundary line. Except as otherwise provided in
section 1375 (h) of this title, the unexpended balances of all appro- •
priations for the transportation of mail by aircraft pursuant to H
contracts entered into under the Act of March 8, 1928, as
amended, shall be available, in addition to the purposes stated in
such appropriations, for payment to be made by the Postmaster H
General, as provided by this chapter, in respect of the transporta- ™
tion of mail by aircraft, the facilities used and useful therefor,
and the services connected therewith, between points in the United
States and points outside thereof, or between points in the conti-
nental United States and Territories or possessions of the United
States, or between Territories or possessions of the United States.
Payments to foreign air carriers
(h) In any case where air transportation is performed between
the United States and any foreign country, both by aircraft owned
or operated by one or more air carriers holding a certificate under
this subchapter and by aircraft owned or operated by one or more
foreign air carriers, the Postmaster General shall not pay to or for
the account of any such foreign air carrier a rate of compensation
for transporting mail by aircraft between the United States and
such foreign country, which, in his opinion, will result (over such
reasonable period as the Postmaster General may determine, tak-
ing account of exchange fluctuations and other factors) in such
foreign air carrier receiving a higher rate of compensation for
transporting such mail than such foreign country pays to air
carriers for transporting its mail by aircraft between such foreign
country and the United States, or receiving a higher rate of com-
pensation for transporting such mail than a rate determined by
the Postmaster General to be comparable to the rate such foreign
country pays to air carriers for transporting its mail by aircraft
between such foreign country and intermediate country on the
route of such air carrier between such foreign country and the
United States. Pub.L. 85-726, Title IV, § 406, Aug. 23, 1958, 72
Stat. 763; Pub.L. 87-528, § 5, July 10, 1962, 76 Stat. 145; and
amended Oct. 15,1966, Pub.L. 89-670, § 8(a), 80 Stat. 942.
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FED. AVIATION ACT 49 § 1377
§ 1377. Accounts, records, and reports—Filing of reports
(a) The Board is empowered to require annual, monthly, peri-
odical, and special reports from any air carrier; to prescribe the
manner and form in which such reports shall be made; and to
require from any air carrier specific answers to all questions upon
which the Board may deem information to be necessary. Such
reports shall be under oath whenever the Board so requires. The
Board may also require any air carrier to file with it a true copy
of each or any contract, agreement, understanding, or arrange-
ment, between such air carrier and any other carrier or person, in
relation to any traffic affected by the provisions of this chapter.
Disclosure of stock ownership
(b) Each air carrier shall submit annually, and at such other
times as the Board shall require, a list showing the names of each
of its stockholders or members holding more than 5 per centum of
the entire capital stock or capital, as the case may be, of such air
carrier, together with the name of any person for whose account,
if other than the holder, such stock is held; and a report setting
forth a description of the shares of stock, or other interest, held
by such air carrier, or for its account, in persons other than itself.
Any person owning, beneficially or as trustee, more than 5 per
centum of any class of the capital stock or capital, as the case may
be, of an air carrier shall submit annually, and at such other times
as the board may require, a description of the shares of stock or
other interest owned by such person, and the amount thereof.
Disclosure of stock ownership by officer or director
(c) Each officer and director of an air carrier shall annually
and at such other times as the Board shall require transmit to the
Board a report describing the shares of stock or other interests
held by him in any air carrier, any person engaged in any phase of
aeronautics, or any common carrier, and in any person whose
principal business, in purpose or in fact, is the holding of stock in,
or control of, air carriers, other persons engaged in any phase of
aeronautics, or common carriers.
Form of accounts, records, and memoranda
(d) The Board shall prescribe the forms of any and all ac-
counts, records, and memoranda to be kept by air carriers, includ-
ing the accounts, records, and memoranda of the movement of
traffic, as well as of the receipts and expenditures of money, and
the length of time such accounts, records, and memoranda shall be
preserved; and it shall be unlawful for air carriers to keep any
accounts, records, or memoranda other than those prescribed or
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approved by the Board: Provided, That any air carrier may keep •
additional accounts, records, or memoranda if they do not impair - ™
the integrity of the accounts, records, or memoranda prescribed or
approved by the Board and do not constitute an undue financial Hj
burden on such air carrier. •
Inspection of accounts and property ^^
(e) The Board shall at all times have access to all lands, build- •
ings, and equipment of any carrier and to all accounts, records, ™
and memoranda, including all documents, papers, and correspond-
ence, now or hereafter existing, and kept or required to be kept by
air carriers; and it may employ special agents or auditors, who
shall have authority under the orders of the Board to inspect and
examine any and all such lands, buildings, equipment, accounts, ••
records, and memoranda. The provisions of this section shall •
apply, to the extent found by the Board to be reasonably necessary
for the administration of this chapter, to persons having control _
over any air carrier, or affiliated with any air carrier within the •
meaning of section 5(8) of this title. Pub.L. 85-726, Title IV, ™
§ 407, Aug. 23, 1958, 72 Stat. 766, amended Pub.L. 91-62,
§1(1), Aug. 20, 1969, 83 Stat. 103. •
§ 1378. Consolidation, merger, and acquisition of control—Pro-
hibited acts
(a) It shall be unlawful unless approved by order of the Board
as provided in this section—
(1) For two or more air carriers, or for any air carrier H
and any other common carrier or any person engaged in any •
other phase of aeronautics, to consolidate or merge their
properties, or any part thereof, into one person for the own-
ership, management, or operation of the properties thereto- •
fore in separate ownerships; ™
(2) For any air carrier, any person controlling an aircar-
rier, any other common carrier, or any person engaged in any H
other phase of aeronautics, to purchase, lease, or contract to •
operate the properties, or any substantial part thereof, of any
air carrier;
(3) For any air carrier or person controlling an air carrier
to purchase, lease, or contract to operate the properties, or
any substantial part thereof, of any person engaged in any ••
phase of aeronautics otherwise than as an air carrier; •
(4) For any foreign air carrier or person controlling a
foreign air carrier to aquire control, in any manner what- _
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FED. AVIATION ACT 49 § 1378
soever, of any citizen of the United States engaged in any
phase of aeronautics;
(5) For any air carrier or person controlling an air car-
rier, any other common carrier, any person engaged in any
other phase of aeronautics, or any other person to acquire
control of any air carrier in any manner whatsoever: Pro-
vided, That the Board may by order exempt any such acquisi-
tion of a noncertificated air carrier from this requirement to
the extent and for such periods as may be in the public inter-
est;
(6) For any air carrier or person controlling an air carrier
to acquire control, in any manner whatsoever, of any person
engaged in any phase of aeronautics otherwise than as an air
carrier; or
(7) For any person to continue to maintain any relation-
ship established in violation of any of the foregoing subdivi-
sions of this subsection.
Application to Board; hearing; approval; disposal without hearing
(b) Any person seeking approval of a consolidation, merger,
purchase, lease, operating contract, or acquisition of control, speci-
fied in subsection (a) of this section, shall present an application
to the Board, and thereupon the Board shall notify the persons
involved in the consolidation, merger, purchase, lease, operating
contract, or acquisition of control, and other persons known to
have a substantial interest in the proceeding, of the time and place
of a public hearing. Unless, after such hearing, the Board finds
that the consolidation, merger, purchase, lease, operating contract,
or acquisition of control will not be consistent with the public
interest or that the conditions of this section will not be fulfilled, it
shall by order approve such consolidation, merger, purchase, lease,
operating contract, or acquisition of control, upon such terms and
conditions as it shall find to be just and reasonable and with such
modifications as it may prescribe: Provided, That the Board shall
not approve any consolidation, merger, purchase, lease, operating
contract, or acquisition of control which would result in creating a
monopoly or monopolies and thereby restrain competition or jeop-
ardize another air carrier not a party to the consolidation, merger,
purchase, lease, operating contract, or acquisition of control: Pro-
vided further, That if the applicant is a carrier other than an air
carrier, or a person controlled by a carrier other than an air
carrier or affiliated therewith within the meaning of section 5(8)
of this title, such applicant shall for the purposes of this section be
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considered an air carrier and the Board shall not enter such an •
order of approval unless it finds that the transaction proposed will * ™
promote the public interest by enabling such carrier other than an
air carrier to use aircraft to public advantage in its operation and flj
will not restrain competition: Provided further, That, in any case •
in which the Board determines that the transaction which is the
subject of the application does not affect the control of an air
carrier directly engaged in the operation of aircraft in air trans-
portation, does not result in creating a monopoly, and does not
tend to restrain competition, and determines that no person dis-
closing a substantial interest then currently is requesting a hear-
ing, the Board, after publication in the Federal Register of notice
of the Board's intention to dispose of such application without a
hearing (a copy of which notice shall be furnished by the Board to
the Attorney General not later than the day following the date of
such publication), may determine that the public interest does not
require a hearing and by order approve or disapprove such trans-
action.
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Interests in ground facilities
(c) The provisions of this section and section 1379 of this title
shall not apply with respect to the acquisition or holding by any
air carrier, or any officer or director thereof, of (1) any interest
in any ticket office, landing area, hangar, or other ground facility
reasonably incidental to the performance by such air carrier of
any of its services, or (2) any stock or other interest or any office
or directorship in any person whose principal business is the ^^
maintenance or operation of any such ticket office, landing area, H
hangar, or other ground facility. ™
Jurisdiction of accounts of noncarriers ^_
(d) Whenever, after the effective date of this section, a person, •
not an air carrier, is authorized, pursuant to this section, to ac-
quire control of an air carrier, such oerson thereafter shall, to the
extent found by the Board to be reasonably necessary for the
administration of this chapter, be subject, in the same manner as
if such person were an air carrier, to the provisions of this chap-
ter relating to accounts, records, and reports, and the inspection of
facilities and records, including the penalties applicable in the case
of violations thereof.
Investigation of violations
(e) The Board is empowered, upon complaint or upon its own
initiative, to investigate and, after notice and hearing, to deter-
mine whether any person is violating any provision of subsection _
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FED. AVIATION ACT 49 § 1378
(a) of this section. If the Board finds after such hearing that such
person is violating any provision of such subsection, it shall by
order require such person to take such action, consistent with the
provisions of this chapter, as may be necessary, in the opinion of
the Board, to prevent further violation of such provision.
Presumption of control; beneficial ownership
(f) For the purposes of this section, any person owning benefi-
cially 10 per centum or more of the voting securities or capital, as
the case may be, of an air carrier shall be presumed to be in
control of such air carrier unless the Board finds otherwise. As
used herein, beneficial ownership of 10 per centum of the voting
securities of a carrier means ownership of such amount of its
outstanding voting securities as entitles the holder thereof to cast
10 per centum of the aggregate votes which the holders of all the
outstanding voting securities of such carrier are entitled to cast.
Pub.L. 85-726, Title IV, § 408, Aug. 23, 1958, 72 Stat. 767; Pub.L.
86-758, § 1, Sept. 13, 1960, 74 Stat. 901; and amended Pub.L.
91-62, § 1(2), (3) (A), Aug. 20, 1969, 83 Stat. 103,104.
§ 1379. Prohibited interests; interlocking relationships; profit
from transfer of securities
(a) It shall be unlawful, unless such relationship shall have
been approved by order of the Board upon due showing, in the
form and manner prescribed by the Board, that the public interest
will not be adversely affected thereby—
(1) For any air carrier to have and retain an officer or
director who is an officer, director, or member, or who as a
stockholder holds a controlling interest, in any other person
who is a common carrier or is engaged in any phase of aero-
nautics.
(2) For any air carrier, knowingly and willfully, to have
and retain an officer or director who has a representative or
nominee who represents such officer or director as an officer,
director, or member, or as a stockholder holding a controlling
interest, in any other person who is a common carrier or is
engaged in any phase of aeronautics.
(3) For any person who is an officer or director of an air
carrier to hold the position of officer, director, or member, or
to be a stockholder holding a controlling interest, or to have a
representative or nominee who represents such person as an
officer, director, or member, or as a stockholder holding a
controlling interest, in any other person who is a common
carrier or is engaged in any phase of aeronautics.
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(4) For any air carrier to have and retain an officer or flj
director who is an officer, director, or member, or who as a •
stockholder holds a controlling interest, in any person whose
principal business, in purpose or in fact, is the holding of ••
stock in, or control of, any other person engaged in any phase •
of aeronautics.
(5) For any air carrier, knowingly and willfully, to have •
and retain an officer or director who has a representative or •
nominee who represents such officer or director as an officer,
director, or member, or as a stockholder holding a controlling
interest, in any person whose principal business, in purpose
or in fact, is the holding of stock in, or control of, any other
person engaged in any phase of aeronautics.
(6) For any person who is an officer or director of an air
carrier to hold the position of officer, director, or member, or
to be a stockholder holding a controlling interest, or to have a
representative or nominee who represents such person as an
officer, director, or member, or as a stockholder holding a
controlling interest, in any person whose principal business,
in purpose or in fact, is the holding of stock in, or control of, _
any other person engaged in any phase of aeronautics. •
(b) It shall be unlawful for any officer or director of any air
carrier to receive for his own benefit, directly or indirectly, any ^
money or thing of value in respect of negotiation, hypothecation, H
or sale of any securities issued or to be issued by such carrier, or ™
to share in any of the proceeds thereof. Pub.L. 85-726, Title IV, §
409, Aug. 23, 1958, 72 Stat. 768. •
§ 1380. Loans and financial aid; aircraft loan guarantees
The Board is empowered to approve or disapprove, in whole or ^
in part, any and all applications made after the effective date of •
this section for or in connection with any loan or other financial ™
aid from the United States or any agency thereof to, or for the
benefit of, any air carrier. No such loan or financial aid shall be II
made or given without such approval, and the terms and condi- •
tions upon which such loan or financial aid is provided shall be
prescribed by the Board. The provisions of this section shall not be
applicable to the guaranty of loans by the Secretary of Commerce
under the provisions of such Act of September 7, 1957, as
amended, but the Secretary of Commerce shall consult with and
consider the views and recommendations of the Board in making
such guaranties. Pub.L. 85-726, Title IV, § 410, Aug. 23, 1958, 72
Stat. 769; Pub.L. 87-820, § 8, Oct. 15, 1962, 76 Stat. 936.
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FED. AVIATION ACT 49 § 1381
§ 1381. Methods of competition
The Board may, upon its own initiative or upon complaint by
any air carrier, foreign air carrier, or ticket agent, if it considers
that such action by it would be in the interest of the public,
investigate and determine whether any air carrier, foreign air
carrier, or ticket agent has been or is engaged in unfair or decep-
tive practices or unfair methods of competition in air transporta-
tion or the sale thereof. If the Board shall find, after notice and
hearing, that such air carrier, foreign air carrier, or ticket agent
is engaged in such unfair or deceptive practices or unfair methods
of competition, it shall order such air carrier, foreign air carrier,
or ticket agent to cease and desist from such practices of methods
of competition. Pub.L. 85-726, Title IV, § 411, Aug. 23, 1958, 72
Stat. 769.
§ 1382. Pooling and other agreements; filing; approval by Board
(a) Every air carrier shall file with the Board a true copy, or, if
oral, a true and complete memorandum, of every contract or
agreement (whether enforceable by provisions for liquidated dam-
ages, penalties, bonds, or otherwise) affecting air transportation
and in force on the effective date of this section or hereafter
entered into, or any modification or cancellation thereof, between
such air carrier and any other air carrier, foreign air carrier, or
other carrier for pooling or apportioning earnings, losses, traffic,
service, or equipment, or relating to the establishment of transpor-
tation rates, fares, charges, or classifications, or for preserving
and improving safety, economy, and efficiency of operation, or for
controlling, regulating, preventing, or otherwise eliminating de-
structive, oppressive, or wasteful competition, or for regulating
stops, schedules, and character of service, or for other cooperative
working arrangements.
(b) The Board shall by order disapprove any such contract or
agreement, whether or not previously approved by it, that it finds
to be adverse to the public interest, or in violation of this chapter,
and shall by order approve any such contract or agreement, or any
modification or cancellation thereof, that it does not find to be
adverse to the public interest, or in violation of this chapter;
except that the Board may not approve any contract or agreement
between an air carrier not directly engaged in the operation of
aircraft in air transportation and a common carrier subject to the
Interstate Commerce Act, as amended, governing the compensa-
tion to be received by such common carrier for transportation
services performed by it. Pub.L. 85-726, Title IV, § 412, Aug. 23,
1958, 72 Stat. 770.
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49 § 1383 EPA CURRENT LAWS—AIR ™
§ 1383. Form of control •
For the purposes of this subchapter, whenever reference is ^ •
made to control, it is immaterial whether such control is direct or
indirect. Pub.L. 85-726, Title IV, § 413, Aug. 23, 1958, 72 Stat.
770.
§ 1384. Legal restraints
Any person affected by any order made under sections 1378,
1379, or 1382 of this title shall be, and is hereby, relieved from the
operations of the "antitrust laws", as designated in section 12 of
Title 15, and of all other restraints or prohibitions made by, or
imposed under, authority of law, insofar as may be necessary to
enable such person to do anything authorized, approved, or re-
quired by such order. Pub.L. 85-726, Title IV, § 414, Aug. 23,
1958, 72 Stat. 770. •
§ 1385. Inquiry into air carrier management
For the purpose of exercising and performing its powers and _
duties under this chapter, the Board is empowered to inquire into •
the management of the business of any air carrier and, to the
extent reasonably necessary for any such inquiry, to obtain from
such carrier, and from any person controlling or controlled by, or
under common control with, such air carrier, full and complete
reports and other information. Pub.L. 85-726, Title IV, § 415,
Aug. 23, 1958, 72 Stat. 770.
§ 1386. Classification and exemption of carriers
(a) The Board may from time to time establish such just and
reasonable classifications or groups of air carriers for the pur-
poses of this subchapter as the nature of the services performed
by such air carriers shall require; and such just and reasonable
rules and regulations, pursuant to and consistent with the provi-
sions of this subchapter, to be observed by each such class or
group, as the Board finds necessary in the public interest.
(b) (1) The Board, from time to time and to the extent neces-
sary, may (except as provided in paragraph (2) of this subsec-
tion) exempt from the requirements of this subchapter or any
provision thereof, or any rule, regulation, term, condition, or limi-
tation prescribed thereunder, any air carrier or class of air car-
riers, if it finds that the enforcement of this subchapter or such
provision, or such rule, regulation, term, condition, or limitation is
or would be an undue burden on such air carrier or class of air mm
carriers by reason of the limited extent of, or unusual circumstan- •
ces affecting, the operations of such air carrier or class of air
carriers and is not in the public interest. _
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FED. AVIATION ACT 49 § 1386
(2) The Board shall not exempt any air carrier from any provi-
sion of subsection (k) of section 1371 of this title, except that (A)
any air carrier not engaged in scheduled air transportation, and
(B), to the extent that the operations of such air carrier are
conducted during daylight hours, any air carrier engaged in sched-
uled air transportation, may be exempted from the provisions of
paragraphs (1) and (2) of such subsection if the Board finds,
after notice and hearing, that, by reason of the limited extent of,
or unusual circumstances affecting, the operations of any such air
carrier, the enforcement of such paragraphs is or would be such
an undue burden on such air carrier as to obstruct its development
and prevent it from beginning or continuing operations, and that
the exemption of such air carrier from such paragraphs would not
adversely affect the public interest: Provided, That nothing in this
subsection shall be deemed to authorize the Board to exempt any
air carrier from any requirement of this subchapter, or any provi-
sion thereof, or any rule, regulation, term, condition, or limitation
prescribed thereunder which provides for maximum flying hours
for pilots or copilots. Pub.L. 85-726, Title IV, § 416, Aug. 23,
1958, 72 Stat. 771.
§ 1387. Special operating authorizations—Authority of Board to
issue
(a) If the Board finds upon an investigation conducted on its
own initiative or upon request of an air carrier—
(1) that the capacity for air transportation being offered
by the holder of a certificate of public convenience and necess-
ity between particular points in the United States is, or will
be, temporarily insufficient to meet the requirements of the
public or the postal service; or
(2) that there is a temporary requirement for air transpor-
tation between two points, one or both of which is not regu-
larly served by any carrier; and
(3) that any supplemental air carrier can provide the addi-
tional service temporarily required in the public interest;
the Board may issue to such supplemental air carrier a special
operating authorization to engage in air transportation between
such points.
Terms of authorization
(b) A special operating authorizational issued under this sec-
tion—
(1) shall contain such limitations or requirements as to
frequency of service, size or type of equipment, or otherwise,
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as will assure that the service so authorized will alleviate the
insufficiency which otherwise would exist, without significant
diversion of traffic from the holders of certificates for the
route;
(2) shall be valid for not more than thirty days and may be
extended for additional periods aggregating not more than
sixty days; and
(3) shall not be deemed a license within the meaning of
section 1008 (b) of Title 5.
Procedure MM
(c) The Board shall by regulation establish procedures for the H
expeditious investigation and determination of requests for such
special operating authorizations. Such procedures shall include
written notice to air carriers certificated to provide service be- H
tween the points involved, and shall provide for such opportunity HI
to protest the application in writing, and at the Board's discretion
to be heard orally in support of such protest, as will not unduly
delay issuance of such special operating authorization, taking into
account the degree of emergency involved. Pub.L. 85-726, Title
IV, § 417, as added Pub.L. 87-528, § 6, July 10, 1962, 76 Stat. 145. _
SUBCHAPTER V.—NATIONALITY AND OWNERSHIP OF AIRCRAFT
§ 1401. Registration of aircraft nationality—Necessity; aircraft ••
of national-defense forces; transfer of ownership H
(a) It shall be unlawful for any person to operate or navigate
any aircraft eligible for registration if such aircraft is not regis-
tered by its owner as provided in this section, or (except as pro-
vided in section 1508 of this title) to operate or navigate within
the United States any aircraft not eligible for registration: Pro-
vided, That aircraft of the national-defense forces of the United
States may be operated and navigated without being so registered
if such aircraft are identified, by the agency having jurisdiction
over them, in a manner satisfactory to the Administrator. The
Administrator may, by regulation, permit the operation and navi-
gation of aircraft without registration by the owner for such
reasonable periods after transfer of ownership thereof as the Ad-
ministrator may prescribe.
Eligibility for registration
(b) An aircraft shall be eligible for registration if, but only
if- .
(1) It is owned by a citizen of the United States and it is
not registered under the laws of any foreign country; or
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FED. AVIATION ACT 49 § 1401
(2) It is an aircraft of the Federal Government, or of a
State, Territory, or possession of the United States, or the
District of Columbia, or of a political subdivision thereof.
Issuance of certificate
(c) Upon request of the owner of any aircraft eligible for
registration, such aircraft shall be registered by the Administra-
tor and the Administrator shall issue to the owner thereof a cer-
tificate of registration.
Applications
(d) Applications for such certificates shall be in such form, be
filed in such manner, and contain such information as the Admin-
istrator may require.
Suspension or revocation
(e) Any such certificate may be suspended or revoked by the
Administrator for any cause which renders the aircraft ineligible
for registration.
Effect of registration
(f) Such certificate shall be conclusive evidence of nationality
for international purposes, but not in any proceeding under the
laws of the United States. Registration shall not be evidence of
ownership of aircraft in any proceeding in which such ownership
by a particular person is, or may be, in issue. Pub.L. 85-726, Title
V, § 501, Aug. 23,1958, 72 Stat. 771.
§ 1402. Registration of engines, propellers, and appliances
The Administrator may establish reasonable rules and regula-
tions for registration and identification of aircraft engines, pro-
pellers, and appliances, in the interest of safety, and no aircraft
engine, propeller, or appliance shall be used in violation of any
such rule or regulation. Pub.L. 85-726, Title V, § 502, Aug. 23,
1958, 72 Stat. 772.
§ 1403. Recordation of aircraft ownership—Establishment of
recording system
(a) The Administrator shall establish and maintain a system
for the recording of each and all of the following:
(1) Any conveyance which affects the title to, or any inter-
est in, any civil aircraft of the United States;
(2) Any lease, and any mortgage, equipment trust, con-
tract of conditional sale, or other instrument executed for
security purposes, which lease or other instrument affects the
title to, or any interest in, any specifically identified aircraft
engine or engines of seven hundred and fifty or more rated
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takeoff horsepower for each such engine or the equivalent of
such horsepower, or any specifically identified aircraft propel-
ler capable of absorbing seven hundred and fifty or more
rated takeoff shaft horsepower, and also any assignment or
amendment thereof or supplement thereto;
(3) Any lease, and any mortgage, equipment trust, con-
tract of conditional sale, or other instrument executed for
security purposes, which lease or other instrument affects the
title to, or any interest in, any aircraft engines, propellers, or
appliances maintained by or on behalf of an air carrier certif-
icated under section 1424 (b) of this title for installation or
use in aircraft, aircraft engines, or propellers, or any spare
parts maintained by or on behalf of such an air carrier, which
instrument need only describe generally by types the engines,
propellers, appliances, and spare parts covered thereby and
designate the location or locations thereof; and also any as-
signment or amendment thereof or supplement thereto.
Recording of releases, cancellations, discharges, or satisfactions
(b) The Administrator shall also record under the system pro-
vided for in subsection (a) of this section any release, cancella-
tion, discharge, or satisfaction relating to any conveyance or other
instrument recorded under said system.
Validity of conveyances or other instrunrnts; filing
(c) No conveyance or instrument the recording of which is
provided for by subsection (a) of this section shall be valid in
respect of such aircraft, aircraft engine or engines, propellers, ^
appliances, or spare parts against any person other than the per- H
son by whom the conveyance or other instrument is made or given,
his heir or devisee, or any person having actual notice thereof,
until such conveyance or other instrument is filed for recordation H
in the office of the Administrator: Provided, That previous record- •
ing of any conveyance or instrument with the Administrator of
the Civil Aeronautics Administration under the provisions of the
Civil Aeronautics Act of 1938 shall have the same force and effect
as though recorded as provided herein; and conveyances, the re-
cording of which is provided for by subsection (a) (1) of this mm
section made on or before August 21, 1938, and instruments, the •
recording of which is provided for by subsections (a) (2) and (a)
(3) of this section made on or before June 19, 1948, shall not be
subject to the provisions of this subsection. •
Effect of recording
(d) Each conveyance or other instrument recorded by means of
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FED. AVIATION ACT 49 § 1403
or under the system provided for in subsection (a) or (b) of this
section shall from the time of its filing for recordation be valid as
to all persons without further or other recordation, except that an
instrument recorded pursuant to subsection (a) (3) of this sec-
tion shall be effective only with respect to those of such items
which may from time to time be situated at the designated loca-
tion or locations and only while so situated: Provided, That an
instrument recorded under subsection (a) (2) of this section
shall not be affected as to the engine or engines, or propeller or
propellers, specifically identified therein, by any instrument
theretofore or thereafter recorded pursuant to subsection (a) (3)
of this section.
Form of conveyances or other instruments
(e) Except as the Administrator may by regulation prescribe,
no conveyance or other instrument shall be recorded unless it shall
have been acknowledged before a notary public or other officer
authorized by the law of the United States, or of a State, territory,
or possession thereof, or the District of Columbia, to take ac-
knowledgment of deeds.
Index of conveyances and other instruments
(f) The Administrator shall keep a record of the time and date
of the filing of conveyances and other instruments with him and of
the time and date of recordation thereof. He shall record convey-
ances and other instruments filed with him in the order of their
reception, in files to be kept for that purpose, and indexed accord-
ing to—
(1) the identifying description of the aircraft, aircraft en-
gine, or propeller, or in the case of an instrument referred to
in subsection (a) (3) of this section, the location or locations
specified therein, and
(2) the names of the parties to the conveyance or other
instrument.
Regulations
(g) The Administrator is authorized to provide by regulation
for the endorsement upon certificates of registration, or aircraft
certificates, of information with respect to the ownership of the
aircraft for which each certificate is issued, the recording of dis-
charges and satisfactions of recorded instruments, and other
transactions affecting title to or interest in aircraft, aircraft en-
gines, propellers, appliances, or parts, and for such other records,
proceedings, and details as may be necessary to facilitate the de-
termination of the rights of parties dealing with civil aircraft of
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the United States, aircraft engines, propellers, appliances, or II
parts. • B
Previously unrecorded ownership of aircraft
(h) The person applying for the issuance or renewal of an
airworthiness certificate for an aircraft with respect to which
there has been no recordation of ownership as provided in this
section shall present with his application such information with
respect to the ownership of the aircraft as the Administrator shall
deem necessary to show the persons who are holders of property
interests in such aircraft and the nature and extent of such inter-
ests. Pub.L. 85^726, Title V, § 503, Aug. 23, 1958, 72 Stat. 772;
Pub.L. 86-81, §§ 1, 3, 4, July 8, 1959, 73 Stat. 180, 181; and
amended Pub.L. 88-346, § 2, June 30, 1964, 78 Stat. 236.
§ 1404. Limitation of security owners' liability
No person having a security interest in, or security title to, any
civil aircraft, aircraft engine, or propeller under a contract of
conditional sale, equipment trust, chattel or corporate mortgage,
or other instrument of similar nature, and no lessor of any such
aircraft, aircraft engine, or propeller under a bona fide lease of
thirty days or more, shall be liable by reason of such interest or
title, or by reason of his interest as lessor or owner of the aircraft
aircraft engine, or propeller so leased, for any injury to or death
of persons, or damage to or loss of property, on the surface of the
earth (whether on land or water) caused by such aircraft, air-
craft engine, or propeller, or by the ascent, descent, or flight of
such aircraft, aircraft engine, of propeller or by the dropping or
falling of an object therefrom, unless such aircraft, aircraft en-
gine, or propeller is in the actual possession or control of such
person at the time of such injury, death, damage, or loss. Pub.L.
85-726, Title V, § 504, Aug. 23, 1958, 72 Stat. 774; Pub.L. 86-81, •
§ 2, July 8, 1959, 73 Stat. 180. •
§ 1405. Dealers' aircraft registration certificates
The Administrator may, by such reasonable regulations as he •
may find to be in the public interest, provide for the issuance, and ™
for the suspension or revocation, of dealers' aircraft registration
certificates, and for their use in connection with the aircraft eligi-
ble for registration under this chapter by persons engaged in the
business of manufacturing, distributing, or selling aircraft. Air-
craft owned by holders of dealers' aircraft registration certificates mm
shall be deemed registered under this chapter to the extent that H
the Administrator may, by regulation, provide. It shall be unlaw-
ful for any person to violate any regulation, or any term, condi- m-
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FED. AVIATION ACT 49 § 1405
tion, or limitation contained in any certificate, issued under this
section. Pub.L. 85-726, Title V, § 505, Aug. 23, 1958, 72 Stat. 774.
§ 1406. Law governing validity of certain instruments
The validity of any instrument the recording of which is pro-
vided for by section 1403 of this title shall be governed by the laws
of the State, District of Columbia, or territory or possession of the
United States in which such instrument is delivered, irrespective
of the location or the place of delivery of the property which is the
subject of such instrument. Where the place of intended delivery
of such instrument is specified herein, it shall constitute presump-
tive evidence that such instrument was delivered at the place so
specified. Pub.L. 85-726, Title V, § 506, as added Pub.L. 88-346, §
1 (a), June 30, 1964, 78 Stat. 236.
SUBCHAPTER VI.—SAFETY REGULATION OP CIVIL AERONAUTICS
§ 1421. Powers and duties of Administrator—Minimum stand-
ards; rules and regulations
(a) The Administrator is empowered and it shall be his duty to
promote safety of flight of civil aircraft in air commerce by pre-
scribing and revising from time to time:
(1) Such minimum standards governing the design, mate-
rials, workmanship, construction, and performance of air-
craft, aircraft engines, and propellers as may be required in
the interest of safety;
(2) Such minimum standards governing appliances as may
be required in the interest of safety;
(3) Reasonable rules and regulations and minimum stand-
ards governing, in the interest of safety, (A) the inspection,
servicing, and overhaul of aircraft, aircraft engines, propel-
lers, and appliances; (B) the equipment and facilities for
such inspection, servicing, and overhaul; and (C) in the dis-
cretion of the Administrator, the periods for, and the manner
in, which such inspection, servicing, and overhaul shall be
made, including provision for examinations and reports by
properly qualified private persons whose examinations or re-
ports the Administrator may accept in lieu of those made by
its officers and employees;
(4) Reasonable rules and regulations governing the reserve
supply of aircraft, aircraft engines, propellers, appliances,
and aircraft fuel and oil, required in the interest of safety,
including the reserve supply of aircraft fuel and oil which
shall be carried in flight;
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(5) Reasonable rules and regulations governing, in the in- •
terest of safety, the maximum hours or periods of service of H
airmen, and other employees, of air carriers ; and
(6) Such reasonable rules and regulations, or minimum
standards, governing other practices, methods, and procedure,
as the Administrator may find necessary to provide ade-
quately for national security and safety in air commerce. «
Consideration of needs of service; classification of standards, ••
rules, regulations, and certificates
(b) In prescribing standards, rules, and regulations, and in
issuing certificates under this subchapter, the Administrator shall
give full consideration to the duty resting upon air carriers to
perform their services with the highest possible degree of safety
in the public interest and to any differences between air transpor-
tation and other air commerce ; and he shall make classifications of
such standards, rules, regulations, and certificates appropriate to
the differences between air transportation and other air com-
merce. The Administrator may authorize any aircraft, aircraft
engine, propeller, or appliance, for which an aircraft certificate
authorizing use thereof in air transportation has been issued, to be
used in other air commerce without the issuance of a further
certificate. The Administrator shall exercise and perform his pow-
ers and duties under this chapter in such manner as will best tend
to reduce or eliminate the possibility of, or recurrence of, acci-
dents in air transportation, but shall not deem himself required to
give preference to either air transportation or other air commerce
in the administration and enforcement of this subchapter.
Exemptions
(c) The Administrator from time to time may grant exemptions
from the requirements of any rule or regulation prescribed under
this subchapter if he finds that such action would be in the public
interest.
Installation of emergency locator beacons; aircraft subject to coverage
(d) (1) Except with respect to aircraft described in paragraph
(2) of this subsection, minimum standards pursuant to this sec-
tion shall include a requirement that emergency locator beacons
shall be installed —
(A) on any fixed-wing, powered aircraft for use in air
commerce the manufacture of which is completed, or which is
imported into the United States, after one year following
December 29, 1970 ; and
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FED. AVIATION ACT 49 § 1421
(B) on any fixed-wing, powered aircraft used in air com-
merce after three years following such date.
(2) The provisions of this subsection shall not apply to jet-pow-
ered aircraft; aircraft used in air transportation (other than air
taxis and charter aircraft) ; military aircraft; aircraft used solely
for training purposes not involving flights more than twenty miles
from its base; and aircraft used for the aerial application of
chemicals.
Aviation fuel standards; establishment, implementation and enforcement
(e) The Administrator shall prescribe, and from time to time
revise, regulations (1) establishing standards governing the com-
position or the chemical or physical properties of any aircraft fuel
or fuel additive for the purpose of controlling or eliminating air-
craft emissions which the Administrator of the Environmental
Protection Agency (pursuant to section 1857h—1 of Title 42)
determines endanger the public health or welfare, and (2) provid-
ing for the implementation and enforcement of such standards.
Pub.L. 85-726, Title VI, § 601, Aug. 23, 1958, 72 Stat. 775; Pub.L.
91-596, § 31, Dec. 29, 1970, 84 Stat. 1619; Pub.L. 91-604, § 11 (b)
(1), Dec. 31, 1970, 84 Stat. 1705.
§ 1422. Airman certificates—Authorization to issue
(a) The Administrator is empowered to issue airman certifi-
cates specifying the capacity in which the holders thereof are
authorized to serve as airmen in connection with aircraft.
Application; issuance or denial; petition for review; review; hearing;
determination; issuance of certificates to aliens
(b) Any person may file with the Administrator an application
for an airman certificate. If the Administrator finds, after investi-
gation, that such person possesses proper qualifications for, and is
physically able to perform the duties pertaining to, the position
for which the airman certificate is sought, he shall issue such
certificate, containing such terms, conditions, and limitations as to
duration thereof, periodic or special examinations, tests of physi-
cal fitness, and other matters as the Administrator may determine
to be necessary to assure safety in air commerce. Except in the
case of persons whose certificates are, at the time of denial, under
order of suspension or whose certificates have been revoked within
one year of the date of such denial, any person whose application
for the issuance or renewal of an airman certificate is denied may
file with the Board a petition for review of the Administrator's
action. The Board shall thereupon assign such petition for hearing
at a place convenient to the applicant's place of residence or em-
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ployment. In the conduct of such hearing and in determining
whether the airman meets the pertinent rules, regulations, or
standards, the Board shall not be bound by findings of fact of the
Administrator. At the conclusion of such hearing, the Board shall
issue its decision as to whether the airman meets the pertinent
rules, regulations, and standards and the Administrator shall be
bound by such decision: Provided, That the Administrator may, in
his discretion, prohibit or restrict the issuance of airman certifi-
cates to aliens, or may make such issuance dependent on the terms
of reciprocal agreements entered into with foreign governments.
Form and recording
(c) Each certificate shall be numbered and recorded by the
Administrator; shall state the name and address of, and contain a
description of, the person to whom the certificate is issued; and
shall be entitled with the designation of the class covered thereby.
Certificates issued to all pilots serving in scheduled air transporta-
tion shall be designated "airline transport pilot" of the proper
class. Pub.L. 85-726, Title VI, § 602, Aug. 23, 1958, 72 Stat. 776.
§ 1423. Aircraft certificates—Authorization to issue; applica-
tion ; investigation; tests; issuance of type certificate
(a) (1) The Administrator is empowered to issue type certifi-
cates for aircraft, aircraft engines, and propellers; to specify in
regulations the appliances for which the issuance of type certifi-
cates is reasonably required in the interest of safety; and to issue
such certificates for appliances so specified.
(2) Any interested person may file with the Administrator an
application for a type certificate for an aircraft, aircraft engine,
propeller, or appliance specified in regulations under paragraph
(1) of this subsection. Upon receipt of an application, the Admin-
istrator shall make an investigation thereof and may hold hear-
ings thereon. The Administrator shall make, or require the appli-
cant to make, such tests during manufacture and upon completion
as the Administrator deems reasonably necessary in the interest
of safety, including flight tests and tests of raw materials or any
part or appurtenance of such aircraft, aircraft engine, propeller,
or appliance. If the Administrator finds that such aircraft, air-
craft engine, propeller, or appliance is of proper design, material,
specification, construction, and performance for safe operation,
and meets the minimum standards, rules, and regulations pre- ^_
scribed by the Administrator, he shall issue a type certificate there- H
for. The Administrator may prescribe in any such certificate the
duration thereof and such other terms, conditions, and limitations
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FED. AVIATION ACT 49 § 1423
as are required in the interest of safety. The Administrator may
record upon any certificate issued for aircraft, aircraft engines, or
propellers, a numerical determination of all of the essential fac-
tors relative to the performance of the aircraft, aircraft engine, or
propeller for which the certificate is issued.
Production certificates
(b) Upon application, and if it satisfactorily appears to the
Administrator that duplicates of any aircraft, aircraft engine,
propeller, or appliance for which a type certificate has been issued
will conform to such certificate, the Administrator shall issue a
production certificate authorizing the production of duplicates of
such aircraft, aircraft engines, propellers, or appliances. The Ad-
ministrator shall make such inspection and may require such tests
of any aircraft, aircraft engine, propeller, or appliance manufac-
tured under a production certificate as may be necessary to assure
manufacture of each unit in conformity with the type certificate
or any amendment or modification thereof. The Administrator
may prescribe in any such production certificate the duration
thereof and such other terms, conditions, and limitations as are
required in the interest of safety.
Airworthiness certificates
(c) The registered owner of any aircraft may file with the
Administrator an application for an airworthiness certificate for
such aircraft. If the Administrator finds that the aircraft con-
forms to the type certificate therefor, and, after inspection, that
the aircraft is in condition for safe operation, he shall issue an
airworthiness certificate. The Administrator may prescribe in
such certificate the duration of such certificate, the type of service
for which the aircraft may be used, and such other terms, condi-
tions, and limitations, as are required in the interest of safety.
Each such certificate shall be registered by the Administrator and
shall set forth such information as the Administrator may deem
advisable. The certificate number, or such other individual desig-
nation as may be required by the Administrator, shall be displayed
upon each aircraft in accordance with regulations prescribed by
the Administrator. Pub.L. 85-726, Title VI, § 603, Aug. 23, 1958,
72 Stat. 776.
§ 1424. Air carrier operating certificates; authorization to is-
sue; minimum safety standards; application; issuance
(a) The Administrator is empowered to issue air carrier opera-
ting certificates and to establish minimum safety standards for the
operation of the air carrier to whom any such certificate is issued.
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(b) Any person desiring to operate as an air carrier may file H
with the Administrator an application for an air carrier operating • •§
certificate. If the Administrator finds, after investigation, that
such person is properly and adequately equipped and able to con-
duct a safe operation in accordance with the requirements of this
chapter and the rules, regulations, and standards prescribed there-
under, he shall issue an air carrier operating certificate to such M
person. Each air carrier operating certificate shall prescribe such •
terms, conditions, and limitations as are reasonably necessary to
assure safety in air transportation, and shall specify the points to
and from which, and the Federal airways over which, such person •
is authorized to operate as an air carrier under an air carrier ••
operating certificate. Pub.L. 85-726, Title VI, § 604, Aug. 23,
1958, 72 Stat. 778.
§ 1425. Maintenance of equipment in air transportation; duty of
carriers and airmen; inspection of aircraft and equipment
(a) It shall be the duty of each air carrier to make, or cause to
be made, such inspection, maintenance, overhaul, and repair of all
equipment used in air transportation as may be required by this
chapter, or the orders, rules, and regulations of the Administrator «
issued thereunder. And it shall be the duty of every person en- •
gaged in operating, inspecting, maintaining, or overhauling equip-
ment to observe and comply with the requirements of this chapter
relating thereto, and the orders, rules, and regulations issued there- •
under. ••
(b) The Administrator shall employ inspectors who shall be
charged with the duty (1) of making such inspections of aircraft,
aircraft engines, propellers, and appliances designed for use in air
transportation, during manufacture, and while used by an air
carrier in air transportation, as may be necessary to enable the M
Administrator to determine that such aircraft, aircraft engines, •
propellers, and appliances are in safe condition and are properly
maintained for operation in air transportation; and (2) of advis-
ing and cooperating with each air carrier in the inspection and •
maintenance thereof by the air carrier. Whenever any inspector ••
shall, in the performance of his duty, find that any aircraft, air-
craft engine, propeller, or appliance, used or intended to be used
by any air carrier in air transportation, is not in condition for
safe operation, he shall so notify the carrier, in such form and
manner as the Administrator may prescribe; and, for a period five ••
days thereafter, such aircraft, air craft engine, propeller, or appli- •
ance shall not be used in air transportation, or in such manner
to endanger air transportation, unless found by the Administrator ^
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FED. AVIATION ACT 49 § 1425
or his inspector to be in condition for safe operation. Pub.L.
85-726, Title VI, § 605, Aug. 23, 1958, 72 Stat. 778.
§ 1426. Air navigation facility rating; issuance of certificate
The Administrator is empowered to inspect, classify, and rate
any air navigation facility available for the use of civil aircraft, as
to its suitability for such use. The Administrator is empowered to
issue a certificate for any such air navigation facility. Pub.L.
85-726, Title VI, § 606, Aug. 23, 1958, 72 Stat. 779.
§ 1427. Air agency rating; issuance of certificate
The Administrator is empowered to provide for the examination
and rating of (1) civilian schools giving instruction in flying or in
the repair, alteration, maintenance, and overhaul of aircraft, air
aircraft engines, propellers, and appliances, as to the adequacy of
the course of instruction, the suitability and airworthiness of the
equipment, and the competency of the instructors; (2) repair
stations or shops for the repair, alteration, maintenance, and over-
haul of aircraft, aircraft engines, propellers, or appliances, as to
the adequacy and suitability of the equipment, facilities, and mate-
rials for, and methods of, repair, alteration, maintenance, and
overhaul of aircraft, aircraft engines, propellers, and appliances,
and the competency of those engaged in the work or giving any
instruction therein; and (3) such other air agencies as may, in his
opinion, be necessary in the interest of the public. The Adminis-
trator is empowered to issue certificates for such schools, repair
stations, and other agencies. Pub.L. 85-726, Title VI, § 607, Aug.
23, 1958, 72 Stat. 779.
§ 1428. Form of applications for certificates
Applications for certificates under this subchapter shall be in
such form, contain such information, and be filed and served in
such manner as the Administrator may prescribe, and shall be
under oath whenever the Administrator so requires. Pub.L.
85-726, Title VI, § 608, Aug. 23, 1958, 72 Stat. 779.
§ 1429. Reinspection or reexamination; amendment, suspension,
or revocation of certificates; notification; hearing; appeal to
Board; judicial review
The Administrator may, from time to time, reinspect any civil
aircraft, aircraft, engine, propeller, appliance, air navigation fa-
cility, or air agency, or may reexamine any civil airman. If, as a
result of any such reinspection or reexamination, or if, as a result
of any other investigation made by the Administrator, he deter-
mines that safety in air commerce or air transportation and the
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49 § 1429 EPA CURRENT LAWS—AIR
public interest requires, the Administrator may issue an order . •
amending, modifying, suspending, or revoking, in whole or in part,
any type certificate, production certificate, airworthiness certifi-
cate, airman certificate, air carrier operating certificate, air navi- •
gation facility certificate (including airport operating certificate), •
or air agency certificate. Prior to amending, modifying, suspend-
ing, or revoking any of the foregoing certificates, the Administra-
tor shall advise the holder thereof as to any charges or other
reasons relied upon by the Administrator for his proposed action
and, except in cases of emergency, shall provide the holder of such
a certificate an opportunity to answer any charges and be heard as
to why such certificate should not be amended, modified, sus-
pended, or revoked. Any person whose certificate is affected by
such an order of the Administrator under this section may appeal •
the Administrator's order to the National Transportation Safety •
Board and the National Transportation Safety Board may, after
notice and hearing, amend, modify, or reverse the Administrator's •
order if it finds that safety in air commerce or air transportation H
and the public interest do not require affirmation of the Adminis-
trator's order. In the conduct of its hearings the Board shall not
be bound by findings of fact of the Administrator. The filing of an
appeal with the Board shall stay the effectiveness of the Adminis-
trator's order unless the Administrator advises the Board that an
emergency exists and safety in air commerce or air transportation
requires the immediate effectiveness of his order, in which event
the order shall remain effective and the Board shall finally dispose
of the appeal within sixty days after being so advised by the
Administrator. The person substantially affected by the Board's
order may obtain judicial review of said order under the provi-
sions of section 1486 of this title, and the Administrator shall be
made a party to such proceedings.
Violation of certain laws
(b) The Administrator, in his discretion, may issue an order
amending, modifying, suspending, or revoking any airman certifi-
cate upon conviction of the holder of such certificate of any viola-
tion of subsection (a) of section 742j—1 of Title 16 regarding the «
use or operation of an aircraft. Pub.L. 85-726, Title VI, § 609, •
Aug. 23, 1958, 72 Stat. 779, and as amended Pub.L. 92-159, § —
2(a), Nov. 18, 1971, 85 Stat. 481, Pub.L. 92-174, § 6, Nov. 27,
1971, 85 Stat. 492. •
§ 1430. Violations; exemption of foreign aircraft and airmen
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FED. AVIATION ACT 49 § 1430
(a) It shall be unlawful—
(1) For any person to operate in air commerce any civil
aircraft for which there is not currently in effect an airwor-
thiness certificate, or in violation of the terms of any such
certificate;
(2) For any person to serve in any capacity as an airman
in connection with any civil aircraft, aircraft engine, propel-
ler or appliance used or intended for use, in air commerce
without an airman certificate authorizing him to serve in such
capacity, or in violation of any term, condition, or limitation
thereof, or in violation of any order, rule, or regulation issued
under this subchapter;
(3) For any person to employ for service in connection
with any civil aircraft used in air commerce an airman who
does not have an airman certificate authorizing him to serve
in the capacity for which he is employed;
(4) For any person to operate as an air carrier without an
air carrier operating certificate, or in violation of the terms
of any such certificate;
(5) For any person to operate aircraft in air commerce in
violation of any other rule, regulation, or certificate of the
Administrator under this subchapter; and
(6) For any person to operate a seaplane or other aircraft
of United States registry upon the high seas in contravention
of the regulations proclaimed by the President pursuant to
section 143 of Title 33;
(7) For any person holding an air agency or production
certificate, to violate any term, condition, or limitation
thereof, or to violate any order, rule, or regulation under this
subchapter relating to the holder of such certificate; and
(8) For any person to operate an airport serving air car-
riers certificated by the Civil Aeronautics Board without an
airport operating certificate, or in violation of the terms of
any such certificate.
(9) For any person to manufacture, deliver, sell, or offer
for sale, any aviation fuel or fuel additive in violation of any
regulation prescribed under section 1421 (d) of this title.
(b) Foreign aircraft and airmen serving in connection there-
with may, except with respect to the observance by such airmen of
the air traffic rules, be exempted from the provisions of subsection
(a) of this section, to the extent, and upon such terms and condi-
tions, as may be prescribed by the Administrator as being in the
interest of the public. Pub.L. 85-726, Title VI, § 610, Aug. 23,
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1958, 72 Stat. 780, Pub.L. 91-258, Title I, § 51 (b) (3), May 21, •
1970, 84 Stat. 235, amended Pub.L. 91-604, § 11 (b) (2), Dec. 31, ' •
1970, 84 Stat. 1705.
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§ 1431. Control and abatement of aircraft noise and sonic boom
—Definitions
(a) For purposes of this section:
(1) The term "FAA" means Administrator of the Federal
Aviation Administration.
(2) The term "EPA" means the Administrator of the Envi-
ronmental Protection Agency.
Consultations; standards; rules and regulations; aircraft certificates
(b) (1) In order to afford present and future relief and protec-
tion to the public health and welfare from aircraft noise and sonic
boom, the FAA, after consultation with the Secretary of Trans-
portation and with EPA, shall prescribe and amend standards for
the measurement of aircraft noise and sonic boom and shall pre-
scribe and amend such regulations as the FAA may find necessary
to provide for the control and abatement of aircraft noise and
sonic boom, including the application of such standards and regu-
lations in the issuance, amendment, modification, suspension, or
revocation of any certificate authorized by this subchapter. No
exemption with respect to any standard or regulation under this
section may be granted under any provision of this chapter unless
the FAA shall have consulted with EPA before such exemption is
granted, except that if the FAA determines that safety in air
commerce or air transportation requires that such an exemption
be granted before EPA can be consulted, the FAA shall consult
with EPA as soon as practicable after the exemption is granted.
(2) The FAA shall not issue an original type certificate under
section 1423 (a) of this title for any aircraft for which substantial
noise abatement can be achieved by prescribing standards and
regulations in accordance with this section, unless he shall have
prescribed standards and regulations in accordance with this sec-
tion which apply to such aircraft and which protect the public
from aircraft noise and sonic boom, consistent with the considera-
tions listed in subsection (d) of this section.
Submission of proposed regulations to PAA by EPA; publication; hearing;
review of prescribed regulations; report and supplemental report
(c) (1) Not earlier than the date of submission of the report —
required by section 4906 of Title 42, EPA shall submit to the FAA •
proposed regulations to provide such control and abatement of ™
aircraft noise and sonic boom (including control and abatement
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FED. AVIATION ACT 49 § 1431
through the exercise of any of the FAA's regulatory authority
over air commerce or transportation or over aircraft or airport
operations) as EPA determines is necessary to protect the public
health and welfare. The FAA shall consider such proposed regula-
tions submitted by EPA under this paragraph and shall, within
thirty days of the date of its submission to the FAA, publish the
proposed regulations in a notice of proposed rulemaking. Within
sixty days after such publication, the FAA shall commence a hear-
ing at which interested persons shall be afforded an opportunity
for oral (as well as written) presentations of data, views, and
arguments. Within a reasonable time after the conclusion of such
hearing and after consultation with EPA, the FAA shall—
(A) in accordance with subsection (b) of this section, pre-
scribe regulations (i) substantially as they were submitted by
EPA, or (ii) which are a modification of the proposed regula-
tions submitted by EPA, or
(B) publish in the Federal Register a notice that it is not
prescribing any regulation in response to EPA's submission
of proposed regulations, together with a detailed explanation
providing reasons for the decision not to prescribe such regu-
lations.
(2) If EPA has reason to believe that the FAA's action with
respect to a regulation proposed by EPA under paragraph (1)
(A) (ii) or (1) (B) of this subsection does not protect the public
health and welfare from aircraft noise or sonic boom, consistent
with the considerations listed in subsection (d) of this section,
EPA shall consult with the FAA and may request the FAA to
review, and report to EPA on, the advisability of prescribing the
regulation originally proposed by EPA. Any such request shall be
published in the Federal Register and shall include a detailed
statement of the information on which it is based. The FAA shall
complete the review requested and shall report to EPA within
such time as EPA specifies in the request, but such time specified
may not be less than ninety days from the date the request was
made. The FAA's report shall be accompanied by a deta^ed state-
ment of the FAA's findings and the reasons for the FAA's conclu-
sions; shall identify any statement filed pursuant to section
4332(2) (C) of Title 42 with respect to such action of the FAA
under paragraph (1) of this subsection; and shall specify whether
(and where) such statements are available for public inspection.
The FAA's report shall be published in the Federal Register,
except in a case in which EPA's request proposed specific action to
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49 § 1431 EPA CURRENT LAWS—Am
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be taken by the FAA, and the FAA's report indicates such action •
will be taken. •
(3) If, in the case of a matter described in paragraph (2) of
this subsection with respect to which no statement is required to
be filed under such section 4332(2) (C) of Title 42, the report of
the FAA indicates that the proposed regulation originally submit-
ted by EPA should not be made, then EPA may request the FAA
to file a supplemental report, which shall be published in the Fed-
eral Register within such a period as EPA may specify (but such
time specified shall not be less than ninety days from the date the
request was made), and which shall contain a comparison of (A)
the environmental effects (including those which cannot be
avoided} of the action actually taken by the FAA in response to
EPA's proposed regulations, and (B) EPA's proposed regulations.
Considerations determinative of standards, rules, and regulations
(d) In prescribing and amending standards and regulations
under this section, the FAA shall—
(1) consider relevant available data relating to aircraft
noise and sonic boom, including the results of research, devel-
opment, testing, and evaluation activities conducted pursuant
to this chapter and chapter 23 of this title;
(2) consult with such Federal, State, and interstate agen-
cies as he deems appropriate;
(3) consider whether any proposed standard or regulation
is consistent with the highest degree of safety in air com-
merce or air transportation in the public interest;
(4) consider whether any proposed standard or regulation B
is economically reasonable, technologically practicable, and •
appropriate for the particular type of aircraft, aircraft en-
gine, appliance, or certificate to which it will apply; and •
(5) consider the extent to which such standard or regula- ||
tion will contribute to carrying out the purposes of this sec-
tion, mm
Amendment, modification, suspension, or revocation of WM
certificate; notice and appeal rights
(e) In any action to amend, modify, suspend, or revoke a certif- mm
icate in which violation of aircraft noise or sonic boom standards •
or regulations is at issue, the certificate holder shall have the same
notice and appeal rights as are contained in section 1429 of this
title, and in any appeal to the National Transportation Safety •
Board, the Board may amend, modify, or reverse the order of the ™
FAA if it finds that control or abatement of aircraft noise or sonic
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FED. AVIATION ACT 49 § 1431
boom and the public health and welfare do not require the affir-
mation of such order, or that such order is not consistent with
safety in air commerce or air transportation.
Pub.L. 85-726, Title VI, § 611, as added Pub.L. 90-411, § 1, July
21, 1968, 82 Stat. 395, and amended Pub.L. 92-574, § 7(b), Oct.
27,1972, 86 Stat. 1239.
§ 1432. Airport operating certificates—Power to issue
(a) The Administrator is empowered to issue airport operating
certificates to airports serving air carriers certificated by the Civil
Aeronautics Board and to establish minimum safety standards for
the operation of such airports.
Issuance; terms and conditions
(b) Any person desiring to operate an airport serving air car-
riers certified by the Civil Aeronautics Board may file with the
Administrator an application for an airport operating certificate.
If the Administrator finds, after investigation, that such person is
properly and adequately equipped and able to conduct a safe oper-
ation in accordance with the requirements of this chapter and the
rules, regulations, and standards prescribed thereunder, he shall
issue an airport operating certificate to such person. Each airport
operating certificate shall prescribe such terms, conditions, and
limitations as are reasonably necessary to assure safety in air
transportation. Unless the Administrator determines that it would
be contrary to the public interest, such terms, conditions, and
limitations shall include but not be limited to terms, conditions,
and limitations relating to the operation and maintenance of ade-
quate safety equipment, including firefighting and rescue equip-
ment capable of rapid access to any portion of the airport used for
the landing, takeoff, or surface maneuvering of aircraft.
Pub.L. 85-726, Title VI, § 612, as added Pub.L. 91-258, Title I, §
51 (b) (1), May 21, 1970, 84 Stat. 234, and amended Pub.L.
92-174, § 5(b), Nov. 27,1971, 85 Stat. 492.
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H . NATIONAL ENVIRONMENTAL POLICY ACT
EPA CURRENT LAWS—AIR
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1.12 The National Environmental Policy Act of 1969,
mm 42 U.S.C. § 4332(2) (c) (1970)
[See, "General 1.2", for text]
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THE PUBLIC HEALTH SERVICE ACT
SUBCHAPTER II.—GENERAL POWERS AND DUTIES
Part A.—Research and Investigations
§ 241. Research and investigations generally
The Surgeon General shall conduct in the Service, and encour-
age, cooperate with, and render assistance to other appropriate
public authorities, scientific institutions, and scientists in the con-
duct of, and promote the coordination of, research, investigations,
experiments, demonstrations, and studies relating to the causes,
diagnosis, treatment, control, and prevention of physical and men-
tal diseases and impairments of man, including water purification,
sewage treatment, and pollution of lakes and streams. In carrying
out the foregoing the Surgeon General is authorized to—
(a) Collect and make available through publications and other
appropriate means, information as to, and the practical applica-
tion of, such research and other activities;
(b) Make available research facilities of the Service to appro-
priate public authorities, and to health officials and scientists en-
gaged in special study;
(c) Establish and maintain research fellowships in the Service
with such stipends and allowances, including traveling and sub-
sistence expenses, as he may deem necessary to procure the assist-
ance of the most brilliant and promising research fellows from the
United States and abroad;
(d) Make grants-in-aid to universities, hospitals, laboratories,
and other public or private institutions, and to individuals for
such research or research training projects as are recommended
by the National Advisory Health Council, or, with respect to can-
cer, recommended by the National Advisory Cancer Council, or,
with respect to mental health, recommended by the National Advi-
sory Mental Health Council, or, with respect to heart diseases,
recommended by the National Advisory Heart Council, or, with
respect to dental diseases and conditions, recommended by the
National Advisory Dental Research Council; and include in the
grants for any such project grants of penicillin and other anti-
biotic compounds for use in such project; and make, upon recom-
mendation of the National Advisory Health Council, grants-in-aid
to public or nonprofit universities, hospitals, laboratories, and
other institutions for the general support of their research and
research training programs: Provided, That such uniform per-
centage, not to exceed 15 per centum, as the Surgeon General may
determine, of the amounts provided for grants for research or
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42 § 241 EPA CURRENT LAWS—AIR
research training projects for any fiscal year through the appro- . H
priations for the National Institutes of Health may be transferred
from such appropriations to a separate account to be available for
such research and research training program grants-in-aid for •
such fiscal year; ••
(e) Secure from time to time and for such periods as he deems
advisable, the assistance and advice of experts, scholars, and con- H
sultants from the United States or abroad; HI
(f) For purposes of study, admit and treat at institutions, hos-
pitals, and stations of the Service, persons not otherwise eligible •
for such treatment; HI
(g) Make available, to health officials, scientists, and appropri-
ate public and other nonprofit institutions and organizations, tech- H
nical advice and assistance on the application of statistical meth- Hi
ods to experiments, studies, and surveys in health and medical
fields;
(h) Enter into contracts during the fiscal year ending June 30,
1966, and each of the eight succeeding fiscal years, including con-
tracts for research in accordance with and subject to the provi-
sions of law applicable to contracts entered into by the military
departments under sections 2353 and 2354 of Title :10, except that
determination, approval, and certification required thereby shall
be by the Secretary of Health, Education, and Welfare; and
(i) Adopt, upon recommendation of the National Advisory
Health Council, or, with respect to cancer, upon recommendation
of the National Advisory Cancer Council, or, with respect to men-
tal health, upon recommendation of the National Advisory Mental
Health Council, or, with respect to heart diseases, upon recommen-
dation of the National Advisory Heart Council, or, with respect to
dental diseases and conditions, upon recommendations of the Na-
tional Advisory Dental Research Council, such additional means as
he deems necessary or appropriate to carry out the purposes of
this section.
July 1, 1944, c. 373, Title III, § 301, 58 Stat. 691; July 3, 1946, c.
538, § 7(a, b), 60 Stat. 423; June 16, 1948, c. 481, § 4(e, f), 62
Stat. 467; June 24, 1948, c. 621, § 4(e, f), 62 Stat. 601; June 25,
1948, c. 654, § 1, 62 Stat. 1017; July 3, 1956 c. 510,§ 4, 70 Stat.
490; Sept. 15, 1960, Pub.L. 86-798, 74 Stat. 1053; Oct. 17, 1962,
Pub.L. 87-838, § 2,,' 76 Stat. 1073; Aug. 9, 1965, Pub.L. 89-115, § •
3, 79 Stat. 448; Dec. 5, 1967, Pub.L. 90-174, § 9, 81 Stat. 540; and •
amended Oct. 30, 1970, Pub.L. 91-515, Title II, § 292, 84 Stat.
1308. m
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Part B.—Federal-State Cooperation
§ 243. General grant of authority for cooperation—Enforcement
of quarantine regulations; prevention of communicable diseases
(a) The Secretary is authorized to accept from State and local
authorities any assistance in the enforcement of quarantine
regulations made pursuant to this chapter which such
authorities may be able and willing to provide. The Secretary
shall also assist States and their political subdivisions in the
prevention and suppression of communicable diseases, shall
cooperate with and aid State and local authorities in the
enforcement of their quarantine and other health regulations
and in carrying out the purposes specified in section 246 of this
title, and shall advise the several States on matters relating to
the preservation and improvement of the public health.
Comprehensive and continuing planning; training of personnel for State and local
health work
(b) The Secretary shall encourage cooperative activities
between the States with respect to comprehensive and
continuing planning as to their current and future health needs,
the establishment and maintenance of adequate public services,
and otherwise carrying out the purposes of section 246 of this
title. The Secretary is also authorized to train personnel for
State and local health work.
Problems resulting from disasters; emergencies; reimbursement of United States
(c) The Secretary may enter into agreements providing for
cooperative planning between Public Health Service medical
facilities and community health facilities to cope with health
problems resulting from disasters, and for participation by
Public Health Service medical facilities in carrying out such
planning. He may also, at the request of the appropriate State or
local authority, extend temporary (not in excess of forty-five
days) assistance to States or localities in meeting health
emergencies of such a nature as to warrant Federal assistance.
The Secretary may require such reimbursement of the United
States for aid (other than planning) under the preceding
sentences of this subsection as he may determine to be
reasonable under the circumstances. Any reimbursement so
paid shall be credited to the applicable appropriation of the
Public Health Service for the year in which such reimbursement
is received.
July 1, 1944, c. 373, Title III, § 311, 58 Stat. 693; Nov. 3, 1966,
74 Rev.-75
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majority of the membership of such council shall consist of
representatives of consumers of health services;
(C) set forth .policies and procedures for the expenditure of
Pub.L. 89-749, § 5, 80 Stat. 1190; Dec. 5,1967 Pub.L. 90-174, §4,81 . I
Stat. 536; and amended Oct. 30,1970, Pub.L. 91-515, Title II, § 282,
84 Stat. 1308.
§ 246. Grants and services to States—Comprehensive health H
planning and services
(a) (1) In order to assist the States in comprehensive and
continuing planning for their current and future health needs,
the Secretary is authorized during the period beginning July 1,
1966, and ending June 30, 1973, to make grants to States which M
have submitted, and had approved by the Secretary, State plans •
for comprehensive State health planning. For the purposes of
carrying out this subsection, there are hereby authorized to be
appropriated $2,500,000 for the fiscal year ending June 30,1967, H
$7,000,000 for the fiscal year ending June 30,1968, $10,000,000 for H
the fiscal year ending June 30, 1969, $15,000,000 for the fiscal
year ending June 30, 1970, $15,000,000 for the fiscal year ending
June 30,1971, $17,000,000 for the fiscal year ending June 30,1972,
$20,000,000 for the fiscal year ending June 30, 1973, and
$10,000,000 for the fiscal year ending June 30, 1974.
(2) In order to be approved for purposes of this subsection, a
State plan for comprehensive State health planning must—
(A) designate, or provide for the establishment of, a single
State agency, which may be an interdepartmental agency, as
the sole agency for administering or supervising the
administration of the State's health planning functions under
the plan;
(B) provide for the establishment of a State health
planning council, which shall include representatives of
Federal, State, and local agencies (including as an ex officio
member, if there is located in such State one or more hospitals
or other health care facilities of the Veterans' Administration,
the individual whom the Administrator of Veterans' Affairs
shall have designated to serve on such council as the
representative of the hospitals or other health care facilities of
such Administration which are located in such State) and
nongovernmental organizations and groups concerned with M
health, (including representation of the regional medical H
program or programs included in whole or in part within the
State) and of consumers of health services, to advise such State
agency in carrying out its functions under the plan, and a H
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funds under the plan, which, in the judgment of the Secretary
are designed to provide for comprehensive State planning for
health services (both public and private) and including home
health care, including the facilities and persons required for
the provision of such services, to meet the health needs of the
people of the State and including environmental
considerations as they relate to public health;
(D) provide for encouraging cooperative efforts among
governmental or nongovernmental agencies, organizations
and groups concerned with health services, facilities, or
manpower, and for cooperative efforts between such agencies,
organizations, and groups and similar agencies,
organizations, and groups in the fields of education, welfare,
and rehabilitation;
(E) contain or be supported by assurances satisfactory to
the Secretary that the funds paid under this subsection will be
used to supplement and, to the extent practicable, to increase
the level of funds that would otherwise be made available by
the State for the purpose of comprehensive health planning
and not to supplant such non-Federal funds;
(F) provide such methods of administration (including
methods relating to the establishment and maintenance of
personnel standards on a merit basis, except that the
Secretary shall exercise no authority with respect to the
selection, tenure of office, and compensation of any individual
employed in accordance with such methods) as are found by
the Secretary to be necessary for the proper and efficient
operation of the plan;
(G) provide that the State agency will make such reports, in
such form and containing such information, as the Secretary
may from time to time reasonably require, and will keep such
records and afford such access thereto as the Secretary finds
necessary to assure the correctness and verification of such
reports;
(H) provide that the State agency will from time to time,
but not less often than annually, review its State plan
approved under this subsection and submit to the Secretary
appropriate modifications thereof;
(I) effective July 1, 1968, (i) provide for assisting each
health care facility in the State to develop a program for
capital expenditures for replacement, modernization, and
expansion which is consistent with an overall State plan
developed in accordance with criteria established by the
Secretary after consultation with the State which will meet
74 Rev.-77
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the needs of the State for health care facilities, equipment, and •
services without duplication'and otherwise in the most •
efficient and economical manner, and (ii) provide that the
State agency furnishing such assistance will periodically
review the program (developed pursuant to clause (i)) of each
health care facility in the State and recommend appropriate
modification thereof; tm
(J) provide for such fiscal control and fund accounting H
procedures as may be necessary to assure proper
disbursement of and accounting for funds paid to the State _
under this subsection; and •
(K) contain such additional information and assurances as ^
the Secretary may find necessary to carry out the purposes of
this subsection. II
(3) (A) From the sums appropriated for such purpose for H
each fiscal year, the several States shall be entitled to allotments
determined, in accordance with regulations, on the basis of the mm
population and the per capita income of the respective States; •
except that no such allotment to any State for any fiscal year
shall be less than 1 per centum of the sum appropriated for such
fiscal year pursuant to paragraph (1). Any such allotment to a •
State for a fiscal year shall remain available for obligation by the ^
State, in accordance with the provisions of this subsection and
the State's plan approved thereunder, until the close of the
succeeding fiscal year.
(B) The amount of any allotment to a State under
subparagraph (A) for any fiscal year which the Secretary mm
determines will not be required by the State, during the period H
for which it is available, for the purposes for which allotted shall
be available for reallotment by the Secretary from time to time,
on such date or dates as he may fix, to other States with respect H
to which such a determination has not been made, in proportion •!
to the original allotments to such States under subparagraph (A)
for such fiscal year, but with such proportionate amount for any
of such other States being reduced to the extent it exceeds the
sum the Secretary estimates such State needs and will be able to
use during such period; and the total of such reductions shall be
similarly reallotted among the States whose proportionate
amounts were not so reduced. Any amount so reallotted to a
State from funds appropriated pursuant to this subsection for a
fiscal year shall be deemed part of its allotment under sub-
paragraph (A) for such fiscal year.
(4) From each State's allotment for a fiscal year under this
subsection, the State shall from time to time be paid the Federal MM
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share of the expenditures incurred during that year or the
succeeding year pursuant to its State plan approved under this
subsection. Such payments shall be made on the basis of
estimates by the Secretary of the sums the State will need in
order to perform the planning under its approved State plan
under this subsection, but with such adjustments as may be
necessary to take account of previously made underpayments or
overpayments. The "Federal share" for any State for purposes of
this subsection shall be all, or such part as the Secretary may
determine, of the cost of such planning, except that in the case of
the allotments for the fiscal year ending June 30,1970, it shall not
exceed 75 per centum of such cost.
Project grants for areawide health planning; authorization of appropriations;
prerequisite for grants; application; contents
(b) (1) (A) The Secretary is authorized, during the period
beginning July 1, 1966, and ending June 30, 1974, to make, with
the approval of the State agency administering or supervising
the administration of the State plan approved under subsection
(a) of this section, project grants to any other public or nonprofit
private agency or organization (but with appropriate
representation of the interests of local government where the
recipient of the grant is not a local government or combination
thereof on an agency of such government or combination) to
cover not to exceed 75 per centum of the cost of projects for
developing (and from time to time revising) comprehensive
regional, metropolitan area, or other local area plans for
coordination of existing and planned health services, including
the facilities and persons required for provision of such services;
and including the provision of such services through home
health care except that in the case of project grants made in any
State prior to July 1,1968, approval of such State agency shall be
required only if such State has such a State plan in effect at the
time of such grants. No grant may be made under this subsection
after June 30, 1970, to any agency or organization to develop or
revise health plans for an area unless the Secretary determines
that such agency of organization provides means for appropriate
representation of the interests of the hospitals, other health care
facilities, and practicing physicians serving such area, and the
general public. For the purposes of carrying out this subsection,
there are hereby authorized to be appropriated $5,000,000 for the
fiscal year ending June 30, 1967, $7,500,000 for the fiscal year
ending June 30, 1968, $10,000,000 for the fiscal year ending June
30, 1969, $15,000,000 for the fiscal year ending June 30, 1970,
74 Rev.-79
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Project grants for training, studies, and demonstrations; authorization of
appropriations
$20,000,000 for the fiscal year ending June 30, 1971, $30,000,000
for the fiscal year ending June 30,1972, $40,000,000 for the fiscal
year ending June 30, 1973, and $25,100,000 for the fiscal year
ending June 30, 1974.
(B) Project grants may be made by the Secretary under
subparagraph (A) to the State agency administering or
supervising the administration of the State plan approved under
subsection (a) of this section with respect to a particular region
or area, but only if (i) no application for such a grant with respect
to such region or area has been filed by any other agency or M
organization qualified to receive such a grant, and (ii) such State H
agency certifies, and the Secretary finds, that ample opportunity
has been afforded to qualified agencies and organizations to file
application for such a grant with respect to such region or area H
and that it is improbable that, in the foreseeable future, any ™
agency or organization which is qualified for such a grant will
file application therefor.
(2) (A) In order to be approved under this subsection, an
application for a grant under this subsection must contain or be
supported by reasonable assurances that there has been or will
be established, in or for the area with respect to which such grant
is sought, an areawide health planning council. The membership
of such council shall include representatives of public, voluntary,
and nonprofit private agencies, institutions, and organizations
concerned with health (including representatives of the
interests of local government, of the regional medical program
for such area, and of consumers of health services). A majority of
the members of such council shall consist of representatives of
consumers of health services.
(B) In addition, an application for a grant under this
subsection must contain or be supported by reasonable
assurances that the areawide health planning agency has made
provision for assisting health care facilities in its area to develop
a program for capital expenditures for replacement,
modernization, and expansion which is consistent with an
overall State plan which will meet the needs of the State and the
area for health care facilities, equipment, and services without
duplication and otherwise in the most efficient and economical
manner.
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(c) The Secretary is also authorized, during the period
beginning July 1,1966, and ending June 30,1974, to make grants H
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to any public or nonprofit private agency, institution, or other
organization to cover all or any part of the cost of projects for
training, studies, or demonstrations looking toward the
development of improved or more effective comprehensive
health planning throughout the Nation. For the purposes of
carrying out this subsection, there are hereby authorized to be
appropriated $1,500,000 for the fiscal year ending June 30,1967,
$2,500,000 for the fiscal year ending June 30, 1968, $5,000,000 for
the fiscal year ending June 30,1969, $7,500,000 for the fiscal year
ending June 30, 1970, $8,000,000 for the fiscal year ending June
30, 1971, $10,000,000 for the fiscal year ending June 30, 1972,
$12,000,000 for the fiscal year ending June 30, 1973, and
$4,700,000 for the fiscal year ending June 30, 1974.
Grants for comprehensive public health services; authorization of appropriations;
State plans; allotments; payments to States; Federal share; allocation of funds
(d) (1) There are authorized to be appropriated $70,000,000
for the fiscal year ending June 30,1968, $90,000,000 for the fiscal
year ending June 30,1969, $100,000,000 for the fiscal year ending
June 30, 1970, $130,000,000 for the fiscal year ending June 30,
1971, $145,000,000 for the fiscal year ending June 30, 1972,
$165,000,000 for the fiscal year ending June 30, 1973, and
$90,000,000 for the fiscal year ending June 30,1974, to enable the
Secretary to make grants to State health or mental health
authorities to assist the States in establishing and maintaining
adequate public health services, including the training of
personnel for State and local health work. The sums so
appropriated shall be used for making payments to States which
have submitted, and had approved by the Secretary, State plans
for provision of public health services, except that, for any fiscal
year ending after June 30,1968, such portion of such sums as the
Secretary may determine, but not exceeding 1 per centum
thereof, shall be available to the Secretary for evaluation
(directly or by grants or contracts) of the program authorized by
this subsection and the amount available for allotments
hereunder shall be reduced accordingly.
(2) In order to be approved under this subsection, a State plan
for provision of public health services must—
(A) provide for administration or supervision of
administration by the State health authority or, with respect
to mental health services, the State mental health authority;
(B) set forth the policies and procedures to be followed in
the expenditure of the funds paid under this subsection;
(C) contain or be supported by assurances satisfactory to
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the Secretary that (i) the funds paid to the State under this M B
subsection will be used to make a significant contribution ^^
toward providing and strengthening public health services in
the various political subdivisions in order to improve the B
health of the people; (ii) such funds will be made available to B
other public or nonprofit private agencies, institutions, and
organizations, in accordance with criteria which the Secretary mm
determines are designed to secure maximum participation of B
local, regional, or metropolitan agencies and groups in the
provision of such services; (iii) such funds will be used to —-
supplement and, to the extent practical, to increase the level of B
funds that would otherwise be made available for the purposes ^"
for which the Federal funds are provided and not to supplant
such non-Federal funds; and (iv) the plan is compatible with Hj
the total health program of the State; B
(D) provide for the furnishing of public health services
under the State plan in accordance with such plans as have mm
been developed pursuant to subsection (a) of this section; B
(E) provide that public health services furnished under the
plan will be in accordance with standards prescribed by
regulations, including standards prescribed by regulations, B
including standards as to the scope and quality of such B
services;
(F) provide such methods of administration (including
methods relating to the establishment and maintenance of
personnel standards on a merit basis, except that the
Secretary shall exercise no authority with respect to the
selection, tenure of office, and compensation of any individual
employed in accordance with such methods) as are found by
the Secretary to be necessary for the proper and efficient
operation of the plan;
(G) provide that the State health authority or, with respect
to mental health services, the State mental health authority,
will from time to time, but not less often than annually, review ••
and evaluate its State plan approved under this subsection B
and submit to the Secretary appropriate modifications
thereof;
(H) provide that the State health authority or, with respect B
to mental health services, the State mental health authority, B
will make such reports, in such form and containing such
information, as the Secretary may from time to time
reasonably require, and will keep such records and afford such
access thereto as the Secretary finds necessary to assure the
correctness and verification of such reports; mm
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(I) provide for such fiscal control and fund accounting
procedures as may be necessary to assure the proper
disbursement of and accounting for funds paid to the State
under this subsection;
(J) contain such additional information and assurances as
the Secretary may find necessary to carry out the purposes of
this subsection;
(K) provide for services for the prevention and treatment of
drug abuse and drug dependence, commensurate with the
extent of the problem; and
(L) provide for service for the prevention and treatment of
alcohol abuse and alcoholism, commensurate with the extent
of the problem.
(3) From the sums appropriated to carry out the provisions of
this subsection the several States shall be entitled for each fiscal
year to allotments determined, in accordance with regulations,
on the basis of the population and financial need of the respective
States, except that no State's allotment shall be less for any year
than the total amounts allotted to such State under formula
grants for cancer control, plus other allotments under this
section, for the fiscal year ending June 30, 1967.
(4) (A) From each State's allotment under this subsection
for a fiscal year, the State shall be paid the Federal share of the
expenditures incurred during such year under its State plan
approved under this subsection. Such payments shall be made
from time to time in advance on the basis of estimates by the
Secretary of the sums the State plan, except that such
adjustments as may be necessary shall be made on account of
previously made underpayments or overpayments under this
subsection.
(B) For the purpose of determining the Federal share for
any State, expenditures by nonprofit private agencies,
organizations, and groups shall, subject to such limitations
and conditions as may be prescribed by regulations, be
regarded as expenditures by such State or a political
subdivision thereof.
(5) The "Federal share" for any State for purposes of this
subsection 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 capital income of the United
States; except that in no case shall such percentage be less
than 33V6 per centum or more than 66% per centum, and except
that the Federal share for the Commonwealth of Puerto Rico,
Guam, American Samoa, the Trust Territory of the Pacific
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Islands, and the Virgin Islands shall be 66% per centum. __ H
(6) The Federal shares shall be determined by the Secretary
between July 1 and September 1 of each year, on the basis of the
average per capita incomes of each of the States and of the II
United States for the most recent year for which satisfactory H
data are available from the Department of Commerce, and such
determination shall be conclusive for the fiscal year beginning
on next July 1. The populations of the several States shall be
determined on the basis of the latest figures for the population of
the several States available from the Department of Commerce.
(7) At least 15 per centum of a State's allotment under this
subsection shall be available only to the State mental health
authority for the provision under the State plan of mental health
services. Effective with respect to allotments under this H
subsection for fiscal years ending after June 30, 1968, at least 70 •
per centum of such amount reserved for mental health services
and at least 70 per centum of the remainder of a State's allotment mm
under this subsection shall be available only for the provision H
under the State plan of services in communities of the State.
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Project grants for health services and related training; authorization of
appropriations; review of application by appropriate areawide health planning
agency
(e) There are authorized to be appropriated $90,000,000 for •
the fiscal year ending June 30, 1968, $95,000,000 for the fiscal ||
year ending June 30, 1969, $80,000,000 for the fiscal year ending
June 30, 1970, $109,500,000 for the fiscal year ending June 30, _
1971, $135,000,000 for the fiscal year ending June 30, 1972, •
$157,000,000 for the fiscal year ending June 30, 1973, and ™
$230,700,000 for the fiscal year ending June 30,1974 for grants to
any public or nonprofit private agency, institution, or Hj
organization to cover part of the cost (including equity H
requirements and amortization of loans on facilities acquired
from the Office of Economic Opportunity or construction in
connection with any program or project transferred from the
Office of Economic Opportunity) of (1) providing services
(including related training) to meet health needs of limited
geographic scope or of specialized regional or national
significance, or (2) developing and supporting for an initial period
new programs of health services (including related training).
Any grant made under this subsection may be made only if the H
application for such grant has been referred for review and •
comment to the appropriate areawide health planning agency or
agencies (or, if there is no such agency in the area, then to such mm
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other public or nonprofit private agency or organization (if any)
which performs similar functions) and only if the services
assisted under such grant will be provided in accordance with
such plans as have been developed pursuant to subsection (a) of
this section. No grant may be made under this subsection for the
fiscal year ending June 30, 1974, to cover the cost of services
described in clause (1) or (2) of the first sentence if a grant or
contract to cover the cost of such services may be made or
entered into from funds authorized to be appropriated for such
fiscal year under an authorization of appropriations in any
provision of this chaper (other than this subsection) amended by
Title I of the Health Programs Extension Act of 1973.
Repeal
Subsec. (f) of this section repealed (less applicability to
commissioned officers of the Public Health Service) by Pub.L.
91-648, Title IV, §§ 403, 404, Jan. 5, 1971, 84 Stat. 1925, effective
sixty days after Jan. 5, 1971.
Interchange of personnel with States
(f) (1) For the purposes of this subsection, the term "State"
means a State or a political subdivision of a State or any agency
of either of the foregoing engaged in any activities related to
health or designated or established pursuant to subparagraph
(A) of paragraph (2) of subsection (a) of this section; the term
"Secretary" means (except when used in paragraph (3) (D) the
Secretary of Health, Education, and Welfare; and the term
"Department" means the Department of Health, Education, and
Welfare.
(2) The Secretary is authorized, through agreements or
otherwise, to arrange for assignment to States of officers and
employees of the States to the Department and assignment to
States of officers and employees in the Department engaged in
work related to health, for work which the Secretary determines
will aid the Department in more effective discharge of its
responsibilities in the field of health as authorized by law,
including cooperation with States and the provision of technical
or other assistance. The period of assignment of any officer or
employee under an arrangement shall not exceed two years.
(3) (A) Officers and employees in the Department assigned
to any State pursuant to this subsection shall be considered,
during such assignment, to be (i) on detail to a regular work
assignment in the Department, or (ii) on leave without pay from
their positions in the Department.
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(B) Persons considered to be so detailed shall remain as
officers or employees, as the case may be, in the Department for _
all purposes, except that the supervision of their duties during
the period of detail may be governed by agreement between the
Department and the State involved.
(C) In the case of persons so assigned and on leave without
pay—
(i) if the rate of compensation (including allowances) for
their employment by the State is less than the rate of
compensation (including allowances) they would be receiving
had they continued in their regular assignment in the
Department, they may receive supplemental salary payments
from the Department in the amount considered by the
Secretary to be justified, but not at a rate in excess of the
difference between the State rate and the Department rate;
and
(ii) they may be granted annual leave and sick leave to the
extent authorized by law, but only in circumstances
considered by the Secretary to justify approval of such leave.
Such officers and employees on leave without pay shall,
notwithstanding any other provision of law, be entitled—
(iii) to continuation of their insurance under the Federal
Employees' Group Life Insurance Act of 1954, and coverage
under the Federal Employees Health Benefits Act of 1959, so
long as the Department continues to collect the employee's
contribution from the officer or employee involved and to
transmit for timely deposit into the funds created under such «
Acts the amount of the employee's contributions and the •
Government's contribution from appropriations of the
Department; and
(iv) (I) in the case of commissioned officers of the Service, to II
have their service during their assignment treated as provided II
in section 215(d) of this title for such officers on leave without
pay, or (II) in the case of other officers and employees in the ••
Department, to credit the period of their assignment under the H
arrangement under this subsection toward periodic or
longevity step increases and for retention and leave accrual
purposes, and, upon payment into the civil service retirement
and disability fund of the percentage of their State salary, and
of their supplemental salary payments, if any, which would
have been deducted from a like Federal salary for the period of II
such assignment and payment by the Secretary into such fund ||
of the amount which would have been payable by him during
the period of such assignment with respect to a like Federal wm
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salary, to treat (notwithstanding the provisions of the
Independent Offices Appropriation Act, 1959, under the head
"Civil Service Retirement and Disability Fund") their service
during such period, as service within the meaning of the Civil
Service Retirement Act;
except that no officer or employee or his beneficiary may receive
any benefits under the Civil Service Retirement Act, the Federal
Employees Health Benefits Act of 1959, or the Federal
Employees' Group Life Insurance Act of 1954, based on service
during an assignment hereunder for which the officer or
employee or (if he dies without making such election) his
beneficiary elects to receive benefits, under any State
retirement or insurance law or program, which the Civil Service
Commission determines to be similar. The Department shall
deposit currently in the funds created under the Federal
Employees' Group Life Insurance Act of 1954, the Federal
Employees Health Benefits Act of 1959, and the civil service
retirement and disability fund, respectively, the amount of the
Government's contribution under these Acts on account of
service with respect to which employee contributions are
collected as provided in subparagraph (iii) and the amount of the
Government's contribution under the Civil Service Retirement
Act on account of service with respect to which payments (of the
amount which would have been deducted under that Act)
referred to in subparagraph (iv) are made to such civil service
retirement and disability fund.
(D) Any such officer or employee on leave without pay (other
than a commissioned officer of the Service) who suffers disability
or death as a result of personal injury sustained while in the
performance of his duty during an assignment hereunder, shall
be treated, for the purposes of the Federal Employees'
Compensation Act, as though he were an employee, as defined in
such Act, who had sustained such injury in the performance of
duty. When such person (or his dependents, in case of death)
entitled by reason of injury or death to benefits under that Act is
also entitled to benefits from a State for the same injury or
death, he (or his dependents in case of death) shall elect which
benefits he will receive. Such election shall be made within one
year after the injury or death, or such further time as the
Secretary of Labor may for good cause allow, and when made
shall be irrevocable unless otherwise provided by law.
(4) Assignment of any officer or employee in the Department
to a State under this subsection may be made with or without
reimbursement by the State for the compensation (or
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supplementary compensation), travel and transportation H
expenses (to or from the place of assignment), and allowances, or
any part thereof, of such officer or employee during the period of
assignment, and any such reimbursement shall be credited to H
the appropriation utilized for paying such compensation, travel •
or transportation expenses, or allowances.
(5) Appropriations to the Department shall be available, in ••
accordance with the standardized Government travel mm
regulations or, with respect to commissioned officers of the
Service, the joint travel regulations, for the expenses of travel of
officers and employees assigned to States under an arrangement
under this subsection on either a detail or leave-without-pay
basis and, in accordance with applicable law, orders, and
regulations, for expenses of transportation of their immediate
families and expenses of transportation of their household goods
and personal effects, in connection with the travel of such
officers and employees to the location of their posts of mm
assignment and their return to their official stations. •
(6) Officers and employees of States who are assigned to the
Department under an arrangement under this subsection may
(A) be given appointments in the Department covering the •
periods of such assignments, or (B) be considered to be on detail •
to the Department. Appointments of persons so assigned may be
made without regard to the civil service laws. Persons so
appointed in the Department shall be paid at rates of
compensation determined in accordance with the Classification
Act of 1949, and shall not be considered to be officers or M
employees of the Department for the purposes of (A) the Civil •
Service Retirement Act, (B) the Federal Employees' Group Life
Insurance Act of 1954, or (C) unless their appointments result in
the loss of coverage in a group health benefits plan whose •
premium has been paid in whole or in part by a State HI
contribution, the Federal Employees Health Benefits Act of
1959. State officers and employees who are assigned to the
Department without appointment shall not be considered to be
officers or employees of the Department, except as provided in
subsection (7), nor shall they be paid a salary or wage by the
Department during the period of their assignment. The
supervision of the duties of such persons during the assignment
may be governed by agreement between the Secretary and the
State involved. Hjj
(7) (A) Any State officer or employee who is assigned to the •
Department without appointment shall nevertheless be subject
to the provisions of sections 203,205,207,208, and 209, of Title 18. mm
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(B) Any State officer or employee who is given an
appointment while assigned to the Department, or who is
assigned to the Department without appointment, under an
arrangement under this subsection, and who suffers disability or
death as a result of personal injury sustained while in the
performance of his duty during such assignment shall be
treated, for the purpose of the Federal Employees'
Compensation Act, as though he were an employee, as defined in
such Act, who had sustained such injury in the performance of
duty. When such person (or his dependents, in case of death)
entitled by reason of injury or death to benefits under that Act is
also entitled to benefits from a State for the same injury or
death, he (or his dependents, in case of death) shall elect which
benefits he will receive. Such election shall be made within one
year after the injury or death, or such further time as the
Secretary of Labor may for good cause allow, and when made
shall be irrevocable unless otherwise provided by law.
(8) The appropriations to the Department shall be available,
in accordance with the standardized Government travel
regulations, during the period of assignment and in the case of
travel to and from their places of assignment or appointment, for
the payment of expenses of travel of persons assigned to, or given
appointments by, the Department under an arrangement under
this subsection.
(9) All arrangements under this subsection for assignment of
officers or employees in the Department to States or for
assignment of officers or employees of States to the Department
shall be made in accordance with regulations of the Secretary.
Consultation with State authorities; failure to comply with statute or rules and
regulations; definitions
(g)(l) All regulations and amendments thereto with respect
to grants to States under subsection (a) of this section shall be
made after consultation with a conference of the State health
planning agencies designated or established pursuant to
subparagraph (A) of paragraph (2) of subsection (a) of this
section. All regulations and amendments thereto with respect to
grants to States under subsection (d) of this section shall be made
after consultation with a conference of State health authorities
and, in the case of regulations and amendments which relate to
or in any way affect grants for services or other activities in the
field of mental health, the State mental health authorities.
Insofar as practicable, the Secretary shall obtain the agreement,
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prior to the issuance of such regulations or amendments, of the , •
State authorities or agencies with whom such consultation is
required.
(2) The Secretary, at the request of any recipient of a grant H
under this section, may reduce the payments to such recipient by mi
the fair market value of any equipment or supplies furnished to
such recipient and by the amount of the pay, allowances, M
traveling expenses, and any other costs in connection with the Hj
detail of an officer or employee to the recipient when such
furnishing or such detail, as the case may be, is for the —
convenience of and at the request of such recipient and for the H
purpose of carrying out the State plan or the project with respect ™
to which the grant under this section is made. The amount by
which such payments are so reduced shall be available for
payment of such costs (including the costs of such equipment and
supplies) by the Secretary, but shall, for purposes of determining
the Federal share under subsection (a) or (d) of this section, be
deemed to have been paid to the State.
(3) Whenever the Secretary, after reasonable notice and
opportunity for hearing to the health authority or, where
appropriate, the mental health authority of a State or a State
health planning agency designated or established pursuant to
subparagraph (A) of paragraph (2) of subsection (a) of this
section, finds that, with respect to money paid to the State out of
appropriations under subsection (a) or (d) of this section, there is
a failure to comply substantially with either—
(A) the applicable provisions of this section;
(B) the State plan submitted under such subsection; or
(C) applicable regulations under this section;
the Secretary shall notify such State health authority, mental
health authority, or health planning agency, as the case may be,
that further payments will not be made to the State from
appropriations under such subsection (or in his discretion that
further payments will not be made to the State from such ••
appropriations for activities in which there is such failure), until H
he is satisfied that there will no longer be such failure. Until he is
so satisfied, the Secretary shall make no payment to such State ^_
from appropriations under such subsection, or shall limit H
payment to activities in which there is no such failure. •
(4) For the purposes of this section—
(A) The term "nonprofit" as applied to any private agency,
institution, or organization means one which is a corporation
or association, or is owned and operated by one or more
corporations or associations, no part of the net earnings of M
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which inures, or may lawfully inure, to the benefit of any
private shareholder or individual; and
(B) The term "State" includes the Commonwealth of
Puerto Rico, Guam, American Samoa, the Trust of Territory of
the Pacific Islands, the Virgin Islands, and the District of
Columbia and the term "United States" means the fifty States
and the District of Columbia.
July 1,1944, c. 373, Title III, § 314, 58 Stat. 693; July 3,1946, c. 538,
§ 9,60 Stat. 424; June 16,1948, c. 481, § 5,62 Stat. 468; 1953 Reorg.
Plan No. 1, §§ 5,8, eff. Apr. 11,1953,18 F.R. 2053,67 Stat. 631; Aug.
1,1956, c. 852, § 18,70 Stat. 910; July 22,1958, Pub.L. 85-544, § 1,72
Stat. 400; Oct. 5,1961, Pub.L. 87-395, § 2(a)-(d), 75 Stat. 824; Sept.
25,1962, Pub.L. 87-688, § 4(a) (1), 76 Stat. 587; Aug. 5,1965, Pub.L.
89-109, § 4, 79 Stat. 436; Nov. 3,1966, Pub.L. 89-749, § 3, 80 Stat.
1181; Dec. 5,1967, Pub.L. 90-174, §§ 2(a)-(f), 3(b) (2), 8(a), (b), 12(d),
81 Stat. 533-535, 540, 541.
As amended June 30, 1970, Pub.L. 91-296, Title I, § III (b), Title
IV, § 401(b) (1) (C), (D), 84 Stat. 340, 352, Oct. 27, 1970, Pub.L.
91-513, Title I, § 3(b), 84 Stat. 1241; Oct. 30, 1970, Pub.L. 91-515,
Title II, §§ 220, 230, 240, 250, 260(a), (b), (c) (1), 282, 84 Stat.
1304-1306,1308; and amended Dec. 31,1970, Pub.L. 91-616, Title
III, § 331, 84 Stat. 1853, as amended June 18, 1973, Pub.L. 93-45,
Title I, § 106, 87 Stat. 92.
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THE DAVIS-BACON ACT
_ § 276a. Rate of wages for laborers and mechanics
• (a) The advertised specifications for every contract in excess of
$2,000, to which the United States or the District of Columbia is a
party, for construction, alteration, and/or repair, including paint-
• ing and decorating, of public buildings of public works of the
United States or the District of Columbia within the geographical
limits of the States of the Union, or the District of Columbia, and
• which requires or involves the employment of mechanics and/or
laborers shall contain a provision stating the minimum wages to
be paid various classes of laborers and mechanics which shall be
_ based upon the wages that will be determined by the Secretary of
• Labor to be prevailing for the corresponding classes of laborers
™ and mechanics employed on projects of a character similar to the
contract work in the city, town, village, or other civil subdivision
• of the State, in which the work is to be performed, or in the
District of Columbia if the work is to be performed there; and
every contract based upon these specifications shall contain a stip-
Iulation that the contractor or his subcontractor shall pay all me-
chanics and laborers employed directly upon the site of the work,
unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account, the full amounts
• accrued at time of payment, computed at wage rates not less than
™ those stated in the advertised specifications, regardless of any
contractual relationship which may be alleged to exist between the
• contractor or subcontractor and such laborers and mechanics, and
that the scale of wages to be paid shall be posted by the contractor
in a prominent and easily accessible place at the site of the work;
• and the further stipulation that there may be withheld from the
contractor so much of accrued payments as may be considered
necessary by the contracting officer to pay to laborers and mechan-
ics employed by the contractor or any subcontractor on the work
• the difference between the rates of wages required by the contract
to be paid laborers and mechanics on the work and the rates of
wages received by such laborers and mechanics and not refunded
to the contractor, subcontractors, or their agents.
(b) As used in sections 276a to 276a—5 of this title the term
"wages", "scale of wages", "wage rates", "minimum wages", and
"prevailing wages" shall include—
(1) the basic hourly rate of pay; and
(2) the amount of—
(A) the rate of contribution irrevocably made by a
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40 § 276a EPA CURRENT LAWS—Am
contractor or subcontractor to a trustee or to a third •
person pursuant to a fund, plan, or program; and _
(B) the rate of costs to the contractor or subcontrac-
tor which may be reasonably anticipated in providing •
benefits to laborers and mechanics pursuant to an enfor- fli
cible commitment to carry out a financially responsible
plan or program which was communicated in writing to
the laborers and mechanics affected,
for medical or hospital care, pensions on retirement or death,
compensation for injuries or illness resulting from occupa- mm
tional activity, or insurance to provide any of the foregoing, •
for unemployment benefits, life insurance, disability and sick-
ness insurance, or accident insurance, for vacation and holi-
day pay, for defraying costs of apprenticeship or other simi- •
lar programs, or for other bona fide fringe benefits, but only •
where the contractor or subcontractor is not required by
other Federal, State, or local law to provide any of such
benefits:
Provided, That the obligation of a contractor or subcontractor to
make payment in accordance with the prevailing wage determina-
tions of the Secretary of Labor, insofar as sections 276a to 276a
—5 of this title and other Acts incorporating sections 276a to 276a
—5 of this title by reference are concerned may be discharged by _
the making of payments in cash, by the making of contributions of H
a type referred to in paragraph (2) (A), or by the assumption of ^^
an enforcible commitment to bear the costs of a plan or program
of a type referred to in paragraph (2) (B), or any combination •
thereof, where the aggregate of any such payments, contributions, •
and costs is not less than the rate of pay described in paragraph
(1) plus the amount referred to in paragraph (2). •
In determining the overtime pay to which the laborer or me- •
chanic is entitled under any Federal law, his regular or basic
hourly rate of pay (or other alternative rate upon which premi- mm
um rate of overtime compensation is computed) shall be deemed •
to be the rate computed under paragraph (1), except that where
the amount of payments, contributions, or costs incurred with
respect to him exceeds the prevailing wage applicable to him
under sections 276a to 276a—5 of this title, such regular or basic
hourly rate of pay (or such other alternative rate) shall be ar-
rived at by deducting from the amount of payments, contributions,
or costs actually incurred with respect to him, the amount of con-
tributions or costs of the types described in paragraph (2)
actually incurred with respect to him, or the amount determined
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•
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DAVIS-BACON ACT 40 § 276a
under paragraph (2) but not actually paid, whichever amount is
the greater.
Mar. 3, 1931, c. 411, § 1, 46 Stat. 1494; Aug. 30, 1935, c. 825, 49
Stat. 1011; June 15, 1940, c. 373, § 1, 54 Stat. 399; July 12, 1960,
Pub.L. 86-624, § 26, 74 Stat. 418; July 2, 1964, Pub.L. 88-349, § 1,
78 Stat. 238.
§ 276a — 1. Termination of work on failure to pay agreed wages;
completion of work by Government
Every contract within the scope of sections 276a to 276a — 5 of
this title shall contain the further provision that in the event it is
found by the contracting officer that any laborer or mechanic
employed by the contractor or any subcontractor directly on the
site of the work covered by the contract has been or is being paid
a rate of wages less than the rate of wages required by the con-
tract to be paid as aforesaid, the Government may, by written
notice to the contractor, terminate his right to proceed with the
work or such part of the work as to which there has been a failure
to pay said required wages and to prosecute the work to comple-
tion by contract or otherwise, and the contractor and his sureties
shall be liable to the Government for any excess costs occasioned
the Government thereby.
Mar. 3, 1931, c. 411, § 2, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
§ 276a — 2. Payment of wages by Comptroller General from
withheld payments; listing contractors violating contracts
(a) The Comptroller General of the United States is authorized
and directed to pay directly to laborers and mechanics from any
accrued payments withheld under the terms of the contract any
wages found to be due laborers and mechanics pursuant to sec-
tions 276a to 276a— 5 of this title ; and the Comptroller General of
the United States is further authorized and is directed to distrib-
ute a list to all departments of the Government giving the names
of persons or firms whom he has found to have disregarded their
obligations to employees and subcontractors. No contract shall be
awarded to the persons or firms appearing on this list or to any
firm, corporation, partnership, or association in which such per-
sons or firms have an interest until three years have elapsed from
the date of publication of the list containing the names of such
persons or firms.
(b) If the accrued payments withheld under the terms of the
contract, as aforesaid, are insufficient to reimburse all the laborers
and mechanics, with respect to whom there has been a failure to
pay the wages required pursuant to sections 276a to 276a — 5 of
3
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40 § 276a—2 EPA CURRENT LAWS—Ant
this title, such laborers and mechanics shall have the right of H
action and/or intervention against the contractor and his sureties
conferred by law upon persons furnishing labor or materials, and
in such proceedings it shall be no defense that such laborers and •
mechanics accepted or agreed to accept less than the required rate «H
of wages or voluntarily made refunds.
Mar. 3, 1931, c. 411, § 3, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
§ 276a—3. Effect on other Federal laws
Section 276a to 276a—5 of this title shall not be construed to
supersede or impair any authority otherwise granted by Fed-
eral law to provide for the establishment of specific wage rates.
Mar. 3, 1931, c. 411, § 4, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
§ 276a—4. Effective date of section 276a to 276a--5
Sections 276a to 276a—5 of this title shall take effect thirty
days after August 30, 1935, but shall not affect any contract then
existing or any contract that may thereafter be entered into pur-
suant to invitations for bids that are outstanding on August 30,
1935.
Mar. 3, ;1931, c. 411, § 5, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
§ 276a—5. Suspension of sections 276a to 276a—5 during emer-
gency
In the event of a national emergency the President is authorized
to suspend the provisions of sections 276a to 276a—5 of this title.
Mar. 3, 1931, c. 411, § 6, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
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REORGANIZATION PLAN NO. 14 OF 1950
Prepared by the President and transmitted to the Senate and the House of
Representatives in Congress assembled, March 13, 1950, pursuant to the
provisions of the Reorganization Act of 1949, approved June 20, 1949.
STANDARDS ENFORCEMENT
In order to assure coordination of administration and consist-
ency of enforcement of the labor standards provisions of each of
the following Acts by the Federal agencies responsible for the
administration thereof, the Secretary of Labor shall prescribe ap-
propriate standards, regulations, and procedures, which shall be
observed by these agencies, and cause to be made by the Depart-
ment of Labor such investigations, with respect to compliance
• with and enforcement of such labor standards, as he deems desira-
ble, namely: (a) The Act of March 3, 1931 (46 Stat. 1494, ch.
411), as amended; (b) the Act of June 13, 1934 (48 Stat. 948, ch.
482); (c) the Act of August 1, 1892 (27 Stat. 340, ch. 352), as
amended; (d) the Act of June 19, 1912 (37 Stat. 137, ch. 174), as
amended; (e) the Act of June 3, 1939 (53 Stat. 804, ch. 175), as
amended; (f) the Act of August 13, 1946 (60 Stat. 1040. ch. 958) ;
(g) the Act of May 13, 1946 (60 Stat. 170, ch. 251), as amended;
and (h) the Act of July 15, 1949, ch. 338, Public Law 171, 81st
Congress, First Session.
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REGULATIONS GOVERNING CONTRACTORS
AND SUBCONTRACTORS
40 § 276c. Regulations governing contractors and subcontractors
The Secretary of Labor shall make reasonable regulations for
contractors and subcontractors engaged in the construction, prose-
cution, completion or repair of public buildings, public works or
buildings or works financed in whole or in part by loans or grants
from the United States, including a provision that each contractor
and subcontractor shall furnish weekly a statement with respect
to the wages paid each employee during the preceding week. Sec-
tion 1001 of Title 18 shall apply to such statements.
June 13, 1934, c. 482, § 2, 48 Stat. 948; May 24, 1949, c. 139, § 134,
63 Stat. 108; Aug. 28,1958, Pub. L. 85-800, § 12, 72 Stat. 967.
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FEDERAL AID HIGHWAY ACT
EPA CURRENT LAWS—AIR
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1.17 Federal Aid Highway Act, as amended, 23 U.S.C.
§109(h), (j) (1970).
• [See, "General 1.6", for text]
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AIRPORT AND AIRWAYS DEVELOPMENT ACT
EPA CURRENT LAWS—AIR
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1.18 Airport and Airways Development Act, as amended,
49 U.S.C. §§1712(f), 1716(c)(4), (e) (1970).
W [See, "General 1.7," for text]
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AMORTIZATION OF POLLUTION CONTROL FACILITIES
EPA CURRENT LAWS — AIR
1.19 Amortization of Pollution Control Facilities, as amended,
26 U.S.C. § 169(d) (1) (B), (3) (1969).
[See, "General 1.4", for text]
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INTEREST ON CERTAIN GOVERNMENT OBLIGATIONS
EPA CURRENT LAWS — AIR
1.20 Interest on Certain Government Obligations,
as amended, 26 U.S.C. § 103 (1969).
[See, "General 1.9", for text]
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MOTOR VEHICLE INFORMATION AND COST SAVING ACT
§ 1961. Powers of Secretary—Establishment of demonstration
projects; commencement of inspections
(a) The Secretary shall establish motor vehicle diagnostic
inspection demonstration projects, inspections under which shall
commence not later than January 1, 1974.
Grants and technical assistance to States; consultations with
Administrator of Environmental Protection Agency
(b) To carry out the program under this subchapter, the Secre-
tary shall—
(1) make grants in accordance with subsection (c) of this
section and furnish technical assistance to States; and
(2) consult with the Administrator of the Environmental
Protection Agency.
Conduct or supervision by States of demonstration projects; nonprofit
performance of diagnostic inspection services; limitations
on demonstration projects
(c) (1) Any demonstration project under this subchapter shall
be conducted by, or under supervision of, a State in accordance
with the application of the State submitted under section 1963 of
this title, and may provide for the performance of diagnostic
inspection services either by public agencies or by private organi-
zations, but no person may perform diagnostic inspection services
for profit under any such program.
(2) Not less than five nor more than ten demonstration projects
may be assisted by the Secretary under this subchapter. No more
than 50 per centum of the projects so assisted may permit diag-
nostic inspection services to be performed under the project by
any person who also provides automobile repair services or who is
affiliated with, controls, is controlled by, or is under common con-
trol with, any person who provides automobile repair services.
Pub.L. 92-513, Title III, § 301, Oct. 20, 1972, 86 Stat. 959.
§ 1962. Eligibility of States for grants or other assistance; de-
termination by Secretary of requirements for demonstration
projects
(a) A State may be eligible for grants or other assistance under
this subchapter if the Secretary determines on the basis of an
application by such State that such State will undertake a motor
vehicle diagnostic inspection demonstration project which meets
the requirements of subsection (b) of this section.
(b) (1) A motor vehicle diagnostic inspection demonstration
73 Rev.-61
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project shall be designated, established, and operated to conduct
periodic safety inspections of motor vehicles pursuant to criteria
established by the Secretary by regulation and emission inspec-
tions pursuant to criteria established by the Secretary by regula-
tion in consultation with the Administrator of the Environmental
Protection Agency.
(2) Such project shall require an additional inspection of any •
motor vehicle subject to the demonstration project (as determined ™
by the Secretary)—
(A) whenever the title to such motor vehicle is transferred
to another person unless the transfer is for the purpose of
resale; and
(B) whenever such motor vehicle sustains substantial dam- «
age to any safety-related or emission-related system or sub- H
system, as prescribed by the Secretary.
(3) To the greatest extent practicable, such inspections shall be
conducted so as to provide specific technical diagnoses of each
motor vehicle inspected in order to facilitate correction of any
component failing inspection.
(4) A demonstration project shall provide for reinspection of
vehicles which initially fail to meet the safety and emission stand-
ards established for the project after repair.
(5) Each project shall provide to the Secretary information and
data relating to the development of diagnostic testing equipment
designed to maximize the interchangeability and interface capabil-
ity of test equipment and vehicles, and information, and data
relating to the costs and benefits of such projects, including infor-
mation and data relating to vehicle-in-use standards, vehicle de-
signs which facilitate or hinder inspection and repair, the stand-
ardization of diagnostic systems and test equipment, the capability
of the motor vehicle repair industry to correct diagnosed deficien-
cies or malfunctions and the costs of such repairs, the relative
costs and benefits of the project, the efficiency of facility designs
employed, recommendations as to feasible reject levels which may
be employed, in any such project and such other information and
data as the Secretary may require.
Pub.L. 92-513, Title III, § 302, Oct. 20, 1972, 86 Stat. 960.
§ 1963. Application by State for grant or other assistance;
form, contents, and manner of application; limitation on amount
of grant; time period for availability of financial assistance for
inspection costs; retention of equipment by State; manner of
payments «
o •)
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MOTOR VEHICLE ACT 15 § 1963
(a) A grant or other assistance under this subchapter may be
obtained upon an application by a State at such time, in such
manner, and containing such information as the Secretary pre-
scribes, including information respecting categories of expendi-
tures by the State from financial assistance under this subchapter.
(b) Upon the approval of any such application, the Secretary
may make a grant to the State to pay each fiscal year an amount
not in excess of 90 per centum of those categories of expenditures
for establishing and operating its project which the Secretary
approves. Federal financial assistance under this subchapter shall
not be available with respect to costs of inspections carried out
after June 30, 1976, under such a project. Any equipment pur-
chased with Federal funds may be retained by a State for its
inspection activities following the demonstration project with the
approval of the Secretary. Payments under this subsection may be
made in advance, in installments, or by way of reimbursement.
Pub.L. 92-513, Title III, § 303, Oct. 20,1972, 86 Stat. 961.
§ 1964. Authorization of appropriations
There is authorized to be appropriated to carry out this sub-
chapter $15,000,000 for the fiscal year ending June 30, 1973;
$25,000,000 for the fiscal year ending June 30, 1974; and
$35,000,000 for the fiscal year ending June 30, 1975. Not more
than 20 percent of the amount appropriated under this section for
any fiscal year may be granted for projects in any one State.
Pub.L. 92-513, Title III, § 304, Oct. 20,1972, 86 Stat. 961.
73 Rev.-63
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EPA CURRENT LAWS—AIR
2. Executive Orders
2.1 E.G. 11507, Prevention, Control, and Abatement of Air and Water
Pollution at Federal Facilities, February 5,1970,35 Fed. Reg. 2573 (1970).
2.2 E.O. 11523, National Industrial Pollution Control Council, April 9,1970,
35 Fed. Reg. 5993 (1970).
2.3 E.O. 11587, Placing Certain Positions in Levels IV and V of the Federal
Executive Salary Schedule, March 15, 1971, 36 Fed. Reg. 475 (1971).
2.4 E.O. 11738, Providing for Administration of the Clean Air Act and the
Federal Water Pollution Control Act with Respect to Federal Contracts,
Grants, or Loans, September 12, 1973, 38 Fed. Reg. 25161 (1973).
74 Rev.-9
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EXECUTIVE ORDER NO. 11507
Feb. 4, 1970, 35 F.R. 2573
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 U.S.C. 1857) [section 1857 et seq.
of this title], the Federal Water Pollution Control Act, as amended
(33 U.S.C. 466) [section 466 et seq. of Title 33, Navigation and
Navigable Waters], and the National Environmental Policy Act
of 1969 (Public Law No. 91-190, approved January 1, 1970) [this
chapter], 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 fa-
cilities shall provide leadership in the nationwide effort to protect
and enhance 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
pollution control and the Secretary of the Interior in matters per-
taining 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
respectively the quality standards and related plans of implemen-
tation, including emission standards, adopted pursuant to the
Clean Air Act, as amended, and the Federal Water Pollution Con-
trol Act, as amended, or as prescribed pursuant to section 4(b)
of this order.
(e) The term "performance specifications" shall mean permis-
sible limits of emissions, discharges, or other values applicable
to a particular Federal facility that would, as a minimum, pro-
vide for conformance with air and water quality standards as de-
fined herein.
(f) The term "United States" shall mean the fifty States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, and Guam.
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§ 3 EPA CURRENT LAWS—AIR . ™
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 stand-
ards set forth in section 4 of this order are met on a continuing
basis.
(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
techniques and methods available for the protection and enhance-
ment 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 juris-
diction 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
maintained so as to meet the following requirements:
(1) Facilities shall conform to air and water quality standards
as defined in section 2(d) of this order. In those cases where no
such air or water quality standards are in force for a particular
geographical area, Federal facilities in that area shall conform
to the standards established pursuant to subsection (b) of this
section, Federal facilities 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 dis-
posal systems shall be the preferred method of disposal of wastes
from the 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 II
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E.G. 11507 § 4
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 Fed-
eral 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 op-
erator qualifications and performance, for the use of heads of
agencies.
(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 appropriate, preventive measure shall be taken to entrap
spillage or discharge or otherwise to prevent accidental pollution.
Each agency, in consultation with the respective Secretary, shall
establish appropriate emergency plans and procedures for dealing
with accidental pollution.
(5) No waste shall be disposed of or discharged in such a man-
ner 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 Radiation Council as published in the FEDERAL
REGISTER.
(b) In those cases where there are no air or water quality
standards as defined in section 2(d) of this order in force for a
particular geographic area or in those cases where more stringent
requirements are deemed advisable for Federal facilities, the re-
spective Secretary, in consultation with appropriate Federal,
State, interstate, and local agencies, may issue regulations estab-
lishing air or water quality standards for the purpose of this
order, including related schedules for implementation.
(c) The heads of agencies, in consultation with the respective
Secretary, 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 Sec-
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§ 4 EPA CURRENT LAWS—AIR
retary and the heads of the agencies concerned. A report on ex-
emptions granted shall be submitted to the Council on Environ-
mental Quality periodically.
Sec. 5. Procedures for abatement of air and water pollution at
existing Federal facilities, (a) Actions necessary to meet the re-
quirements 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 enforcement conference called pursuant
to law or air and water quality standards 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. Subsequent revisions needed to keep any such
plan up-to-date shall be promptly submitted to the Director of
the Bureau of the Budget.
(c) Heads of agencies shall notify the respective Secretary as
to the performance specifications proposed for each facility to
meet the requirements or 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 performance specifications.
(d) As may be found necessary, heads of agencies may sub-
mit requests to the Director of the Bureau of the Budget for ex-
tensions of time for a project beyond the time specified in section
5 (a). The Director, 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 subsections 4(a) and (b). Full justification as
to the extraordinary circumstances necessitating any such exten-
sion shall be required.
(e) Heads of agencies shall not use for any other purpose any
of the amounts appropriated and apportioned for corrective and
preventive measures necessary to meet the requirements of sub-
section (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
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order are considered at the earliest possible stage of planning for
new facilities.
(b) A request for funds to defray the cost of designing and
constructing 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 require-
ments 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 performance 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 qual-
ity 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 the authorization or construction of any Federal water
resources project in the United States. The Secretary of the In-
terior 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, construc-
tion, and operation of the project.
(b) The report of the Secretary of the Interior shall accompany
at the earliest practicable stage any report proposing authoriza-
tion or construction, or a request for funding, of such a water
resource project. In any case in which the Secretary of the In-
terior fails to submit a report within 90 days after receipt of
project plans, the head of the agency concerned may propose au-
thorization, construction, or funding of the project without such
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an accompanying report. In such a case, the head of the agency
concerned shall explicitly state in his request or report concern-
ing the project that the Secretary of the Interior has not re-
ported on the potential impact of the project on water quality.
Sec. 8. Saving provisions. Except to the extent that they are
inconsistent 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.
Sec. 9. Orders superseded. Executive Order No. 11282 of May
26, 1966, and Executive Order No. 11288 of July 2, 1966, are here-
by superseded.
RICHARD NIXON
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EXECUTIVE ORDER NO. 11523
Apr. 9, 1970, 35 F.R. 5993
NATIONAL INDUSTRIAL POLLUTION CONTROL COUNCIL
By virtue of the authority vested in me as President of the
United States, and in furtherance of the purpose and policy of
the National Environmental Policy Act of 1969 (Public Law 91-
190, approved January 1, 1970) [this chapter], it is ordered as
follows:
• Section 1. Establishment of the Council, (a) There is hereby
established the National Industrial Pollution Control Council
(hereinafter referred to as "the Industrial Council") which shall
• be composed of a Chairman, a Vice-chairman, and other represen-
tatives of business and industry appointed by the Secretary of
Commerce (hereinafter referred to as "the Secretary").
(b) The Secretary, with the concurrence of the Chairman, shall
• appoint an Executive Director of the Industrial Council.
Sec. 2. Functions of the Industrial Council. The Industrial Coun-
cil shall advise the President and the Chairman of the Council
on Environmental Quality, through the Secretary, on programs
of industry relating to the quality of the environment. In par-
ticular, the Industrial Council may—
(1) Survey and evaluate the plans and actions of industry in
the field of environmental quality.
(2) Identify and examine problems of the effects on the en-
vironment of industrial practices and the needs of industry for
improvements in the quality of the environment, and recommend
solutions to those problems.
(3) Provide liaison among members of the business and indus-
trial community on environmental quality matters.
(4) Encourage the business and industrial community to im-
prove the quality of the environment.
(5) Advise on plans and actions of Federal, State, and local
agencies involving environmental quality policies affecting in-
dustry which are referred to it by the Secretary, or by the Chair-
man of the Council on Environmental Quality through the Sec-
retary.
Sec. 3. Subordinate Committees. The Industrial Council may
establish, with the concurrence of the Secretary, such subordinate
committees as it may deem appropriate to assist in the perform-
ance of its functions. Each subordinate committee shall be headed
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by a chairman appointed by the Chairman of the Industrial Coun-
cil with the concurrence of the Secretary.
Sec. 4. Assistance for the Industrial Council. In compliance with
applicable law, and as necessary to serve the purposes of this
order, the Secretary shall provide or arrange for administrative
and staff services, support, and facilities for the Industrial Coun-
cil and any of its subordinate committees.
Sec. 5. Expenses. Members of the Industrial Council or any of
its subordinate committees shall receive no compensation from
the United States by reason of their services hereunder, but may
be allowed travel expenses, including per diem in lieu of sub-
sistence, as authorized by law (5 U.S.C. 5703) [section 5703 of
Title 5, Government Organization and Employees] for persons in
the Government service employed intermittently.
Sec. 6. Regulations. The provisions of Executive Order No. 11007
of February 26, 1962 (3 CFR 573) [set out as a note under sec- •
tion 901 of Title 5, Government Organization and Employees], B
precribing regulations for the formation and use of advisory com-
mittees, are hereby made applicable to the Industrial Council and mm
each of its subordinate committees. The Secretary may exercise H
the discretionary powers set forth in that order.
Sec. 7. Construction. Nothing in this order shall be construed
as subjecting any Federal agency, or any function vested by law
in, or assigned pursuant to law to, any Federal agency to the au-
thority of any other Federal agency or of the Industrial Council
or of any of its subordinate committees, or as abrogating or re-
stricting any such function in any manner.
RICHARD NIXON
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EXECUTIVE ORDER 11587
Mar. 15,1971, 36 F. R. 475
AMENDING EXECUTIVE ORDER No. 11248, PLACING CERTAIN
POSITIONS IN LEVELS IV AND V OF THE FEDERAL EXECUTIVE
SALARY SCHEDULE
By virtue of the authority vested in me by section 5317 of title
5 of the United States Code, as amended, section 2 of Executive
Order No. 112481 of October 10, 1965, as amended, placing certain
positions in level V of the Federal Executive Salary Schedule, is
further amended by substituting for the words "Commissioner,
Federal Water Pollution Control Administration, Department of
the Interior," in item (8) thereof, the words "Commissioner,
Water Quality Office, Environmental Protection Agency."
RICHARD NIXON
1 30 F. R. 12999, 3 CFR, 1964-1965 Comp., p. 349.
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EXECUTIVE ORDER 11738
September 12, 1973, 38 Fed. Reg. 25161
PROVIDING FOR ADMINISTRATION OF THE CLEAN AIR ACT AND
THE FEDERAL WATER POLLUTION CONTROL ACT WITH RESPECT
TO FEDERAL CONTRACTS, GRANTS, OR LOANS
By virtue of the authority vested in me by the provisions of the
Clean Air Act, as amended (42 U.S.C. 1857 et seq.), particularly
section 306 of that Act as added by the Clean Air Amendments of
1970 (Public Law 91-604), and the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), particularly section 508 of
that Act as added by the Federal Water Pollution Control Act
Amendments of 1972 (Public Law 92-500), it is hereby ordered as
follows:
Section I. Policy. It is the policy of the Federal Government to
improve and enhance environmental quality. In furtherance of
that policy, the program prescribed in this Order is instituted to
assure that each Federal agency empowered to enter into
contracts for the procurement of goods, materials, or services
and each Federal agency empowered to extend Federal
assistance by way of grant, loan, or contract shall undertake
such procurement and assistance activities in a manner that will
result in effective enforcement of the Clean Air Act (hereinafter
referred to as "the Air Act") and the Federal Water Pollution
Control Act (hereinafter referred to as "the Water Act").
Sec. 2. Designation of Facilities, (a) The Administrator of the
Environmental Protection Agency (hereinafter referred to as
"the Administrator") shall be responsible for the attainment of
the purposes and objectives of this Order.
(b) In carrying out his responsibilities under this Order, the
Administrator shall, in conformity with all applicable
requirements of law, designate facilities which have given rise to
a conviction for an offense under section 113(c)(l) of the Air Act
or section 309(c) of the Water Act. The Administrator shall, from
time to time, publish and circulate to all Federal agencies lists of
those facilities, together with the names and addresses of the
persons who have been convicted of such offenses. Whenever the
Administrator determines that the condition which gave rise to
a conviction has been corrected, he shall promptly remove the
facility and the name and address of the person concerned from
the list.
Sec. 3. Contracts, Grants, or Loans, (a) Except as provided in
section 8 of this Order, no Federal agency shall enter into any
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contract for the procurement of goods, materials, or services •
which is to be performed in whole or in part in a facility then ^^
designated by the Administrator pursuant to section 2.
(b) Except as provided in section 8 of this Order, no Federal H
agency authorized to extend Federal assistance by way of grant, Hi
loan, or contract shall extend such assistance in any case in
which it is to be used to support any activity or program ••
involving the use of a facility then designated by the •
Administrator pursuant to section 2.
Sec. 4. Procurement, Grant, and Loan Regulations. The Federal
Procurement Regulations, the Armed Services Procurement
Regulations, and, to the extent necessary, any supplemental or
comparable regulations issued by any agency of the Executive
Branch shall, following consultation with the Administrator, be
amended to require, as a condition of entering into, renewing, or
extending any contract for the procurement of goods, materials,
or services or extending any assistance by way of grant, loan, or mm
contract, inclusion of a provision requiring compliance with the •
Air Act, the Water Act, and standards issued pursuant thereto in
the facilities in which the contract is to be performed, or which
are involved in the activity or program to receive assistance. H
Sec. 5. Rules and Regulations. The Administrator shall issue Hi
such rules, regulations, standards, and guidelines as he may
deem necessary or appropriate to carry out the purpose of this
Order.
Sec. 6. Cooperation and Assistance. The head of each Federal
agency shall take such steps as may be necessary to insure that
all officers and employees of his agency whose duties entail
compliance or comparable functions with respect to contracts,
grants, and loans are familiar with the provisions of this Order.
In addition to any other appropriate action, such officers and H
employees shall report promptly any condition in a facility which Hi
may involve noncompliance with the Air Act or the Water Act or
any rules, regulations, standards, or guidelines issued pursuant mm
to this Order to the head of the agency, who shall transmit such WM
reports to the Administrator.
Sec. 7.Enforcement. The Administrator may recommend to the ^^
Department of Justice or other appropriate agency that legal H
proceedings be brought or other appropriate action be taken Hi
whenever he becomes aware of a breach of any provision
required, under the amendments issued pursuant to section 4 of
this Order, to be included in a contract or other agreement.
Sec. 8. Exemptions—Reports to Congress, (a) Upon a
determination that the paramount interest of the United States mm
so requires— •
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(1) The head of a Federal agency may exempt any contract,
grant, or loan, and, following consultation with the
Administrator, any class of contracts, grants or loans from the
provisions of this Order. In any such case, the head of the Federal
agency granting such exemption shall (A) promptly notify the
Administrator of such exemption and the justification therefor;
(B) review the necessity for each such exemption annually; and
(C) report to the Administrator annually all such exemptions in
effect. Exemptions granted pursuant to this section shall be for a
period not to exceed one year. Additional exemptions may be
granted for periods not to exceed one year upon the making of a
new determination by the head of the Federal agency concerned.
(2) The Administrator may, by rule or regulation, exempt any
or all Federal agencies from any or all of the provisions of this
Order with respect to any class or classes of contracts, grants, or
loans, which (A) involve less than specified dollar amounts, or (B)
have a minimal potential impact upon the environment, or (C)
involve persons who are not prime contractors or direct
recipients of Federal assistance by way of contracts, grants, or
loans.
(b) Federal agencies shall reconsider any exemption granted
under subsection (a) whenever requested to do so by the
Administrator.
(c) The Administrator shall annually notify the President
and the Congress of all exemptions granted, or in effect, under
this Order during the preceding year.
Sec. 9. Related Actions, The imposition of any sanction or
penalty under or pursuant to this Order shall not relieve any
person of any legal duty to comply with any provisions of the Air
Act or the Water Act.
-Sec. 10. Applicability. This Order shall not apply to contracts,
grants, or loans involving the use of facilities located outside the
United States.
Sec. 11. Uniformity. Rules, regulations, standards, and
guidelines issued pursuant to this order and section 508 of the
Water Act shall, to the maximum extent feasible, be uniform
with regulations issued pursuant to this order, Executive Order
No. 11602 of June 29, 1971, and section 306 of the Air Act.
Sec. I2.0rder Superseded. Executive Order No. 11602 of June 29,
1971, is hereby superseded.
RICHARD NIXON
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EPA CURRENT LAWS—WATER
1. Statutes
1.1 River and Harbor Act of 1899, 33 U.S.C. §§403, 407, 411 (1899).
[Referred to in 33 U.S.C. §§1342, 1369]
1.2 Federal Water Pollution Control Act, as amended, 33 U.S.C. §§1251 et seq.
(1973).
1.3 Pollution of the Sea by Oil, as amended, 33 U.S.C. §§1001 et seq. (1973).
[Referred to in 33 U.S.C. §1321(b)J
1.4 Advances of Public Moneys, Prohibition Against, as revised, 31 U.S.C.
§529 (1946).
[Referred to in 33 U.S.C. §1254(b)(4)]
1.5 Public Contracts, Advertisements for Proposals for Purchases and
Contracts for Supplies or Services for Government Departments;
Application to Government Sales and Contracts to Sell and to
Government Corporations, as amended, 41 U.S.C. §5 (1958).
[Referred to in 33 U.S.C. §1254(b)(4)]
1.6 Courts of Appeals, Certiorari; Appeal; Certified Questions, as amended,
28 U.S.C. §1254 (1948).
[Referred to in 33 U.S.C. §1356]
1.7 Davis-Bacon Act, as amended, 40 U.S.C. §§276a-276a—5 (1964).
[Referred to in 33 U.S.C. §1373]
1.8 Per Diem, Travel and Transportation Expenses; Experts and
Consultants; Individuals Serving Without Pay, as amended, 5 U.S.C.
§5703 (1966).
[Referred to in 33 U.S.C. §§1320(d), 1325(f), 1365, 1375]
1.9 1909 Boundary Waters Treaty Between Canada and the United States,
1 " and the Water Utilization Treaty of 1944 Between Mexico and the United
r States, 36 Stat. 2448 (1909), 36 Stat. 1219 (1944).
r ^ [Referred to in 33 U.S.C. §1320(a)]
V-O
{ \,. 1.10 Disclosure of Confidential Information Generally, as amended, 18 U.S.C.
v- §1905(1948).
[Referred to in 33 U.S.C. §§1320(d), 1322(g), 1369]
1.11 Convention of the Territorial Sea and the Contiguous Zone, Article
XXIV, 15 U.S.T. §§1612, 1613 (1958).
[Referred to in 33 U.S.C. §§132l(a), 1362]
1.12 International Convention for the Prevention of Pollution of the Sea by
Oil, 1954, Article IV, as amended, 117 U.S.T. §1528 (1954).
[Referred to in 33 U.S.C. §1321(b)j
1.13 Granting Clearances, as amended. 46 U.S.C. §91 (1954).
[Referred to in 33 U.S.C. §1321(b)(6), (p)(5)]
1.14 Outer Continental Shelf Lands Act, as amended, 43 U.S.C. §1331 et seq.
(1953).
[Referred to in 33 U.S.C. §1321(i)(2)]
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1.15 Administrative Procedure Act, as amended, 5 U.S.C. §§551—559,
701—705 (1968).
[Referred to in 33 U.S.C. §§1322(e), 1365, 1367]
1.16 Higher Education General Provisions, Definitions, as amended, 20 U.S.C.
§1141 (1970).
[Referred to in 33 U.S.C. §1262(a)]
1.17 National Environmental Policy Act of 1969,42 U.S.C. §4321 et se. (1970).
1.18 Public Health Service Act, as amended, 42 U.S.C. §§241, 243, 246 (1973).
1.19 The Water Resources Planning Act, as amended, 42 U.S.C. §1962 et seq.
(1973).
[Referred to in 33 U.S.C. §1289]
1.20 Appalachian Regional Development Act of 1965, as amended, 40 U.S.C.
§403 (1971).
[Referred to in 33 U.S.C. §1257(b)]
1.21 The Disaster Relief Act, 42 U.S.C. §4401 et seq. (1970).
1.22 Department of Transportation Act, 49 U.S.C. §1653(f) (1968).
1.23 Federal Aid Highway Act, as amended, 23 U.S.C. §109(h) (1970).
1.24 Amortization of Pollution Control Facilities, as amended, 26 U.S.C.
§169(d)(l)(B), (3) (1969).
[Referred to in 33 U.S.C. §§1316(d), 1326]
1.25 Airport and Airways Development Act, 49 U.S.C. §§1712(f), 1716(c)(4), (e)
(1970).
1.26 Interest on Certain Government Obligations, as amended, 26 U.S.C. §103
(1969).
1.27 Fish and Wildlife Coordination Act, as amended, 16 U.S.C. §§661—666c
(1965).
1.28 Public Works and Economic Development Act of 1965, 42 U.S.C. §3136
(1965).
1.29 Rivers and Harbor Act of 1910, 33 U.S.C. §421 (1910).
[Referred to in 33 U.S.C. §1371(b)]
1.30 Supervisory Harbors Act of 1888, as amended, 33 U.S.C. §§441—451b
(1958).
[Referred to in 33 U.S.C. §1371]
1.31 Watershed Protection and Flood Prevention Act, as amended, 16 U.S.C.
§1005(4) (1972).
1.32 Reefs for Marine Life Conservation, 16 U.S.C. §1220 (1972).
1.33 Coastal Zone Management Act of 1972, 16 U.S.C. §1451 et seq. (1972).
1.34 Marine Protection, Research and Sanctuaries Act, 33 U.S.C. §1401 et seq.
(1-972).
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2. Executive Orders
2.1 E.0.11490, Assigning of Emergency Preparedness Functions to Federal
Departments and Agencies, October 30, 1969, 34 Fed. Reg. 17567 (1969).
2.2 E.O. 11507, Prevention, Control, and Abatement of Air and Water
Pollution at Federal Facilities, February 5,1970,35 Fed. Reg. 2573 (1970).
2.3 E.O. 11514, Protection and Enhancement of the Environment, March 5,
1970, 35 Fed. Reg. 4247 (1970).
2.4 E.O. 11548, Delegative Functions of the President Under the Federal
Water Pollution Control Act, as amended, July 20, 1970, 35 Fed. Reg.
11677 (1970).
2.5 E.O. 11574, Administration of the Refuse Act Permit Programs,
December 23, 1970, 35 Fed. Reg. 19627 (1970).
2.6 E.O. 11575, Administration of the Disaster Relief Act of 1970, December
31, 1970, 36 Fed. Reg. 37 (1970).
2.7 E.O. 11578, Ohio River Basin Commission, January 13,1971,36 Fed. Reg.
683 (1971).
2.8 E.O. 11613, Membership of Environmental Protection Agency on
Established River Basin Commissions, August 2,1971,36 Fed. Reg. 14299
(1971).
2.9 E.O. 11331, Establishment of the Pacific Northwest River Basins
Commission, March 6,1967, 32 Fed. Reg. 3875, as amended by E.O. 11613,
Aug. 2, 1971, 36 Fed. Reg. 14299 (1971).
2.10 E.O. 11345, Establishment of the Great Lakes Basin Commission, April
20,1967,32 Fed. Reg. 6329, as amended by E.O. 11613, Aug. 2,1971,36 Fed.
Reg. 14299; E.O. 11646, Feb. 8, 1972, 37 Fed. Reg. 2925 (1972).
2.11 E.O. 11359, Establishment of the Souris-Red-Rainy River Basins
Commission, June 20,1967, 32 Fed. Reg. 8851, as amended by E.O. 11613,
Aug. 2, 1971, 36 Fed. Reg. 14299; E.O. 11635, Dec. 9, 1971, 36 Fed. Reg.
23615 (1971).
2.12 E.O. 11371, Establishment of the New England River Basins
Commission, September 6, 1967, 32 Fed. Reg. 12903, as amended by E.O.
11528, Apr. 24, 1970, 35 Fed. Reg. 6695; E.O. 11613, Aug. 2, 1971, 36 Fed.
Reg. 14299 (1971).
2.13 E.O. 11658, Establishment of the Missouri River Basin Commission,
March 22, 1972, 37 Fed. Reg. 6045.
2.14 E.O. 11659, Establishment of the Upper Mississippi River Basin
Commission, March 22, 1972, 37 Fed. Reg. 6047.
2.15 E.O. 11659, Change in Boundaries of New England River Basin
Commission, March 14, 1973, 38 Fed. Reg. 6877 (1973).
2.16 E.O. 11735, Assignment of Functions Under Section 311 of the Federal
Water Pollution Control Act, as amended, August 7, 1973, 38 Fed. Reg.
21243 (1973).
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2.17 E.G. 11737, Enlargement of the Upper Mississippi River Basin
Commission, September 11, 1973, 38 Fed. Reg. 24883 (1973).
2.18 E.G. 11738, Providing for Administration of the Clean Air Act and the
Federal Water Pollution Control Act with Respect to Federal Contracts,
Grants, or Loans, September 12, 1973, 38 Fed. Reg. 25161 (1973).
2.19 E.G. 11742, Delegating to the Secretary of State Certain Functions with
Respect to the Negotiation of International Agreements Relating to the
Enhancement of the Environment, October 25, 1973, 38 Fed. Reg. 29457
(1973).
2.20 E.G. 11747, Delegating Certain Authority of the President Under the
Water Resources Planning Act, as amended, November 9, 1973, 38 Fed.
Reg. 30993 (1973).
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EPA CURRENT LAWS—WATER
1. Statutes
1.1 River and Harbor Act of 1899, 33 U.S.C. §§403, 407, 411 (1899).
[Referred to in 33 U.S.C. §§1342, 1369]
1.2 Federal Water Pollution Control Act, as amended, 33 U.S.C. §§1251 et seq.
(1973).
1.3 Pollution of the Sea by Oil, as amended, 33 U.S.C. §§1001 et seq. (1973).
[Referred to in 33 U.S.C. §1321(b)]
1.4 Advances of Public Moneys, Prohibition Against, as revised, 31 U.S.C.
§529 (1946).
[Referred to in 33 U.S.C. §1254(b)(4)]
1.5 Public Contracts, Advertisements for Proposals for Purchases and
Contracts for Supplies or Services for Government Departments;
Application to Government Sales and Contracts to sell and to
Government Corporations, as amended, 41 U.S.C. §5 (1958).
[Referred to in 33 U.S.C. §1254(b)(4)]
1.6 Courts of Appeals, Certiorari; Appeal; Certified Questions, as amended,
28 U.S.C. §1254 (1948).
[Referred to in 33 U.S.C. §1356]
1.7 Davis-Bacon Act, as amended, 40 U.S.C. §§276a-276a—5 (1964).
[Referred to in 33 U.S.C. §1373]
1.8 Per Diem, Travel and Transportation Expenses; Experts and
Consultants; Individuals Serving Without Pay, as amended, 5 U.S.C.
§5703 (1966).
[Referred to in 33 U.S.C. §§1320(d), 1325(f), 1365, 1375]
1.9 1909 Boundary Waters Treaty Between Canada and the United States,
and the Water Utilization Treaty of 1944 Between Mexico and the United
States, 36 Stat. 2448 (1909), 36 Stat. 1219 (1944).
[Referred to in 33 U.S.C. §1320(a)]
1.10 Disclosure of Confidential Information Generally, as amended, 18 U.S.C.
§1905 (1948).
[Referred to in 33 U.S.C. §§1320(d), 1322(g), 1369]
1.11 Convention of the Territorial Sea and the Contiguous Zone, Article
XXIV, 15 U.S.T. §§1612, 1613 (1958).
[Referred to in 33 U.S.C. §§1321(a), 1362]
1.12 International Convention for the Prevention of Pollution of the Sea by
Oil, 1954, Article IV, as amended 17 U.S.T. §1528 (1954).
[Referred to in 33 U.S.C. §1321(b)]
1.13 Granting Clearances, as amended, 46 U.S.C. §91 (1954).
[Referred to in 33 U.S.C. §1321(b)(6), (p)(5)]
1.14 Outer Continental Shelf Lands Act, as amended, 43 U.S.C. §1331 et seq.
(1953).
[Referred to in 33 U.S.C. §1321(i)(2)]
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1.15 Administrative Procedure Act, as amended, 5 U.S.C. §§551—559,
701—705 (1968).
[Referred to in 33 U.S.C. §§1322(e), 1365, 1367]
1.16 Higher Education General Provisions, Definitions, as amended, 20 U.S.C.
§1141 (1970).
[Referred to in 33 U.S.C. §1262(a)]
1.17 National Environmental Policy Act of 1969,42 U.S.C. §4321 et seq. (1970).
1.18 Public Health Service Act, as amended, 42 U.S.C. §§241, 243, 246 (1973).
1.19 The Water Resources Planning Act, as amended, 42 U.S.C. §1962 et seq.
(1973).
[Referred to in 33 U.S.C. §1289]
1.20 Appalachian Regional Development Act of 1965, as amended, 40 U.S.C.
§403 (1971).
[Referred to in 33 U.S.C. §1257(b)]
1.21 The Disaster Relief Act, 42 U.S.C. §4401 et seq. (1970).
1.22 Department of Transportation Act, 49 U.S.C. §1653(f) (1968).
1.23 Federal Aid Highway Act, as amended, 23 U.S.C. §109(h) (1970).
1.24 Amortization of Pollution Control Facilities, as amended, 26 U.S.C.
§169(d)(D(B), (3) (1969).
[Referred to in 33 U.S.C. §§1316(d), 1326]
1.25 Airport and Airways Development Act, 49 U.S.C. §§1712(f), 1716(c)(4),(e)
(1970).
1.26 Interest on Certain Government Obligations, as amended, 26 U.S.C. §103
(1969).
1.27 Fish and Wildlife Coordination Act, as amended, 16 U.S.C. §§661—666c
(1965).
1.28 Public Works and Economic Development Act of 1965, 42 U.S.C. §3136
(1965).
1.29 Rivers and Harbor Act of 1910, 33 U.S.C. §421 (1910).
[Referred to in 33 U.S.C. §1371(b)]
1.30 Supervisory Harbors Act of 1888, as amended, 33 U.S.C. §§441—451b
(1958).
[Referred to in 33 U.S.C. §1371]
1.31 Watershed Protection and Flood Prevention Act, as amended, 16 U.S.C.
§1005(4) (1972).
1.32 Reefs for Marine Life Conservation, 16 U.S.C. §1220 (1972).
1.33 Coastal Zone Management Act of 1972, 16 U.S.C. §1451 et seq. (1972).
1.34 Marine Protection, Research and Sanctuaries Act, 33 U.S.C. §1401 et seq.
(1972).
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RIVERS AND HARBORS ACT
§ 403. Obstruction of navigable waters generally; wharves; piers,
etc.; excavations and filling in
The creation of any obstruction not affirmatively authorized by
Congress, to the navigable capacity of any of the waters of the
United States is prohibited; and it shall not be lawful to build or
commence the building of any wharf, pier, dolphin, boom, weir,
breakwater, bulkhead, jetty, or other structures in any port, road-
stead, haven, harbor, canal, navigable river, or other water of the
United States, outside established harbor lines, or where no harbor
lines have been established, except on plans recommended by the
Chief of Engineers and authorized by the Secretary of the Army;
and it shall not be lawful to excavate or fill, or in any manner to
alter or modify the course, location, condition, or capacity of, any
port, roadstead, haven, habor, canal, lake, harbor of refuge, or
inclosure within the limits of any breakwater, or of the channel of
any navigable water of the United States, unless the work has been
recommended by the Chief of Engineers and authorized by the
Secretary of the Army prior to beginning the same.
Mar. 3, 1899, c. 425, § 10, 30 Stat. 1151.
§ 407. Deposit of refuse in navigable waters generally
It shall not be lawful to throw, discharge, or deposit, or cause,
suffer, or procure to be thrown, discharged, or deposited either
from or out of any ship, barge, or other floating craft of any
kind, or from the shore, wharf, manufacturing establishment, or
mill of any kind, any refuse matter of any kind or description
whatever other than that flowing from streets and sewers and
passing therefrom in a liquid state, into any navigable water of
the United States, or into any tributary of any navigable water
from which the same shall float or be washed into such navigable
water; and it shall not be lawful to deposit, or cause, suffer, or
procure to be deposited material of any kind in any place on the
bank of any navigable water, or on the bank of any tributary of
any navigable water, where the same shall be liable to be washed
into such navigable water, either by ordinary or'high tides, or
by storms or floods, or otherwise, whereby navigation shall or
may be impeded or obstructed: Provided, That nothing herein
contained shall extend to, apply to, or prohibit the operations in
connection with the improvement of navigable waters or con-
struction of public works, considered necessary and proper by the
United States officers supervising such improvement or public
work: And provided further, That the Secretary of the Army,
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33 § 407 EPA CURRENT LAWS—WATER
whenever in the judgment of the Chief of Engineers anchorage
and navigation will not be injured thereby, may permit the de-
posit of any material above mentioned in navigable waters, within
limits to be defined and under conditions to be prescribed by him,
provided application is made to him prior to depositing such ma-
terial; and whenever any permit is so granted the conditions
thereof shall be strictly complied with, and any violation thereof
shall be unlawful.
Mar. 3,1899, c. 425, § 13, 30 Stat. 1152.
§ 411. Penalty for wrongful deposit of refuse; use of or injury
to harbor improvements, and obstruction of navigable waters
generally
Every person and every corporation that shall violate, or that
shall knowingly aid, abet, authorize, or instigate a violation of the
provisions of sections 407, 408, and 409 of this title shall be guilty
of a misdemeanor, and on conviction thereof shall be punished by a
fine not exceeding $2,500 nor less than $500, or by imprisonment (in
the case of a natural person) for not less than thirty days nor more
than one year, or by both such fine and imprisonment, in the dis-
cretion of the court, one-half of said fine to be paid to the person
or persons giving information which shall lead to conviction.
Mar. 3,1899, c. 425, § 16, 30 Stat. 1153.
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FEDERAL WATER
POLLUTION CONTROL ACT
Parallel Citation
Statutes at Large § 3i
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
201
202
203
204
205
206
207
208
209
210
211
212
301
302
303
304
305
306
SUBCHAPTER
Sec.
1 U.S.C
1251
1252
1253
1254
1255
1256
1257
1258
1259
1260
1261
1262
1263
1264
1265
1281
1282
1283
1284
1285
1286
1287
1288
1289
1290
1291
1292
1311
1312
1313
1314
1315
1316
. § Statutes at Large § 33
307
308
309
310
311
312
313
314
315
316
317
318
401
402
403
404
405
501
502
503
504
505
506
507
508
509
510
511
513
514
515
516
517
U.S.C.
1317
1318
1319
1320
1321
1322
1323
1324
1325
1326
1327
1328
1341
1342
1343
1344
1345
1361
1362
1363
1364
1365
1366
1367
1368
1369
1370
1371
1372
1373
1374
1375
1376
I — RESEARCH AND RELATED PROGRAMS
1251. Congressional declaration
1252. Comprehensive programs
of goals and policy.
for water pollution control.
1253. Interstate cooperation and uniform laws.
1254. Research, investigs
itions, 1
;raining, and information.
(a) Establishment of national programs; cooperation; investiga-
tions; water quality surveillance system; reports.
(b) Authorized activities of Administrator.
(c) Research and studies on harmful effects of pollutants; coopera-
tion with Secretary of Health, Education, and Welfare.
(d) Sewage treatment; identification and measurement of effects of
pollutants; augmented streamflow.
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Sec. •
(e) Field laboratory and research facilities.
(f) Great Lakes water quality research.
(g) Treatment works pilot training programs; employment needs
forecasting; training projects and grants; research fellow-
ships; technical training; report to the President and trans-
mittal to Congress.
(h) Lake pollution.
(i) Oil pollution control studies.
(j) Solid waste disposal equipment for vessels.
(k) Land acquisition.
(I) Collection and dissemination of scientific knowledge on effects
and control of pesticides in water.
(m) Waste oil disposal study.
(n) Comprehensive studies of effects of pollution on estuaries and ^_
estuarine zones; reports. HI
(o) Methods of reducing total flow of sewage and unnecessary water HI
consumption; reports.
(p) Agricultural pollution. _»
(q) Sewage in rural areas. ^1
(r) Research grants to colleges and universities. ••
(s) River Study Centers.
(t) Thermal discharges. ••
(u) Authorization of appropriations. ^1
1255. Grants for research and development. Hi
(a) Demonstration projects covering storm waters, advanced waste
treatment and water purification methods, and joint treat- ^m
ment systems for municipal and industrial wastes. HI
(b) Demonstration projects for advanced treatment and environ- ^"
mental enhancement techniques to control pollution in river
basins. ••
(c) Research and demonstration projects for prevention of water ^1
pollution by industry. ^™
(d) Accelerated and priority development of waste management and
waste treatment methods and identification and measurement
methods.
(e) Research and demonstration projects covering agricultural pol-
lution and pollution from sewage in rural areas; dissemination
of information.
(f) Limitations.
(g) Maximum grants.
(h) Authorization of appropriations.
1256. Grants for pollution control programs. HI
(a) Authorization of appropriations for state and interstate pro- HJ
grams. ^^
(b) Allotments.
(c) Maximum annual payments.
(d) Limitations.
(e) Grants prohibited to states not establishing water quality
monitoring procedures or adequate emergency and contingency
plans.
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FED. WATER POLLUTION CONTROL ACT
Sec.
(f) Conditions.
(g) Reallotment of unpaid allotments.
1257. Mine water pollution control demonstration.
(a) Comprehensive approaches to elimination or control of mine
water pollution.
(b) Consistency of projects with objectives of Appalachian Regional
Development Act of 1965.
(c) Watershed selection.
(d) Conditions upon Federal participation.
(e) Authorization of appropriations.
1258. Pollution control in the Great Lakes.
(a) Demonstration projects.
(b) Conditions of Federal participation.
(c) Authorization of appropriations.
(d) Lake Erie demonstration program.
(e) Authorization of appropriations for Lake Erie demonstration
program.
1259. Training grants and contracts.
1260. Same; applications; allocation.
1261. Scholarships.
1262. Definitions and authorizations.
1263. Alaska village demonstration projects.
1264. Lake Tahoe study.
1265. In-place toxic pollutants.
SUBCHAPTER II—GRANTS FOR CONSTRUCTION OF TREATMENT WORKS
1281. Congressional declaration of purpose.
1282. Federal share.
1283. Plans, specifications, estimates, and payments.
1284. Limitations and conditions.
1285. Allotment of grant funds.
1286. Reimbursement and advanced construction.
(a) Publicly owned treatment works construction initiated after
June 30, 1966, but before July 1, 1972; reimbursement formula.
(b) Publicly owned treatment works construction initiated between
June 30, 1956, and June 30, 1966; reimbursement formula.
(c) Application for reimbursement.
(d) Allocation of funds.
(e) Authorization of appropriations.
(f) Additional funds.
1287. Authorization of appropriations.
1288. Areawide waste treatment management.
(a) Identification and designation of areas having substantial water
quality control problems.
(b) Planning process.
(c) Regional operating agencies.
(d) Conformity of works with area plan.
(e) Permits not to conflict with approved plans.
(f) Grants.
(g) Technical assistance by Administrator.
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EPA CURRENT LAWS—WATER
Sec.
(h) Technical assistance by Secretary of the Army.
1289. Basin planning.
1290. Annual survey.
1291. Sewage collection systems.
1292. Definitions.
SUBCHAPTER III—STANDARDS AND ENFORCEMENT
1311. Effluent limitations.
(a) Illegality of pollutant discharges except in compliance with law.
(b) Timetable for achievement of objectives.
(c) Modification of timetable.
(d) Review and revision of effluent limitations.
(e) All point discharge source application of effluent limitations.
(f) Illegality of discharge or radiological, chemical, or biological
warfare agents or high-level radioactive waste.
1312. Water quality related effluent limitations.
1313. Water quality standards and implementation plans.
(a) Existing water quality standards.
(b) Proposed regulations.
(c) Review; revised standards; publication.
(d) Identification of areas with insufficient controls; maximum daily
load.
(e) Continuing planning process.
(f) Earlier compliance.
(g) Heat standards.
(h) Thermal water quality standards.
1314. Information and guidelines.
(a) Criteria development and publication.
(b) Effluent limitation guidelines.
(c) Pollution discharge elimination procedures.
(d) Secondary treatment information; alternative waste treatment
management techniques and systems.
(e) Identification and evaluation of nonpoint sources of pollution;
processes, procedures, and methods to control pollution.
(f) Guidelines for pretreatment of pollutants.
(g) Test procedures guidelines.
(h) Guidelines for monitoring, reporting, enforcement, funding,
personnel, and manpower.
(i) Restoration and enhancement of publicly owned fresh water
lakes.
(j) Agreements with Secretaries of Agriculture, Army, and Interior
to provide maximum utilization of programs to achieve and
maintain water quality; transfer of funds; authorization of
appropriations.
1315. Water quality inventory; State reports; transmittal to Congress.
1316. National standards of performance.
(a) Definitions.
(b) Categories of sources; Federal standards of performance for
new sources.
(c) State enforcement of standards of performance.
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FED. WATER POLLUTION CONTROL ACT
Sec.
(d) Protection from more stringent standards.
(e) Illegality of operation of new sources in violation of applicable
standards of performance.
1317. Toxic and pretreatment effluent standards; establishment; revision;
illegality of source operation in violation of standards.
1318. Inspections, monitoring, and entry.
1319. Enforcement,
(a) State enforcement; compliance orders.
(b) Civil actions.
(c) Criminal penalties.
(d) Civil penalties.
(e) State liability for judgments and expenses.
1320. International pollution abatement.
(a) Hearing; participation by foreign nations.
(b) Functions and responsibilities of Administrator not affected.
(c) Hearing board; composition; findings of fact; recommendations;
implementation of board's decision.
(d) Report by alleged polluter.
(e) Compensation of board members.
(f) Enforcement proceedings.
1321. Oil and hazardous substance liability.
(a) Definitions.
(b) Congressional declaration of policy against discharges of oil or
hazardous substances; designation of hazardous substances;
determination of removability; liabilities; penalties.
(c) Removal of discharged oil or hazardous substances; National
Contingency Plan.
(d) Maritime disaster discharges.
(e) Judicial relief.
(f) Liability for actual costs of removal.
(g) Third party liability.
(h) Rights against third parties who caused or contributed to dis-
charge.
(i) Recovery of removal costs.
(j) Regulations; penalty.
(k) Authorization of appropriations.
(I) Administration.
(m) Boarding and inspection of vessels; arrest; execution of war-
rants or other process.
(n) Jurisdiction.
(o) Obligation for damages unaffected; local authority not pre-
empted; existing Federal authority not modified or affected.
(p) Financial responsibility.
1322. Marine sanitation devices.
(a) Definitions.
(b) Federal standards of performance.
(c) Initial standards; effective dates; revision; waiver.
(d) Vessels owned and operated by the United States.
(e) Pre-promulgation consultation.
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EPA CURRENT LAWS—WATER
Sec.
(f) Regulation by States or political subdivisions thereof; complete
prohibition upon discharge of sewage.
(g) Sales limited to certified devices; certification of test device;
recordkeeping; reports.
(h) Sale and resale of properly equipped vessels; operability of cer-
tified marine sanitation devices.
(i) Jurisdiction to restrain violations; contempts.
(j) Penaltes.
(k) Enforcement authority.
(I) Boarding and inspection of vessels; execution of warrants and
other process.
(m) Enforcement in United States possessions.
1323. Federal facilities pollution control.
1324. Clean lakes.
1325. National Study Commission.
(a) Establishment.
(b) Membership; chairman.
(c) Contract authority.
(d) Cooperation of departments, agencies, and instrumentalities of
executive branch.
(e) Report to Congress.
(f) Compensation and allowances.
(g) Authorization of appropriation.
1326. Thermal discharges.
(a) Effluent limitations that will assure protection and propagation
of balanced, indigenous population of shellfish, fish, and wild-
life.
(b) Cooling water intake structures.
(c) Period of protection from more stringent effluent limitations
following discharge point source modification commenced
after October 18, 1972.
1327. Investigation and study of feasibility of alternate methods of financing
the cost of preventing, controlling, and abating pollution.
1328. Aquaculture.
SUBCHAPTER IV—PERMITS AND LICENSES
1341. Certification.
(a) Compliance with applicable requirements; application; proce-
dures; license suspension.
(b) Compliance with other provisions of law setting applicable water
quality requirements.
(c) Authority of Secretary of the Army to permit use of spoil dis-
posal areas by Federal licensees or permittees.
(d) Limitations and monitoring requirements of certification.
1342. National pollutant discharge elimination system.
(a) Permits for discharge or pollutants.
(b) State permit programs.
(c) Suspension of federal program upon submission of State pro-
gram; withdrawal of approval of State program.
(d) Notification of Administrator.
(e) Waiver of notification requirement.
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FED. WATER POLLUTION CONTROL ACT
Sec.
(f) Point source categories.
(g) Other regulations for safe transportation, handling, carriage,
storage, and stowage of pollutants.
(h) Violation of permit conditions; restriction or prohibition upon
introduction of pollutant by source not previously utilizing
treatment works.
(i) Federal enforcement not limited.
(j) Public information.
(k) Compliance with permits.
1343. Ocean discharge criteria.
1344. Permits for dredged or fill material.
1345. Disposal of sewage sludge.
SUBCHAPTER V—GENERAL PROVISIONS
1361. Administration.
(a) Authority of Administrator to prescribe regulations.
(b) Utilization of other agency officers and employees.
(c) Recordkeeping.
(d) Audit.
(e) Awards for outstanding technological achievement or innova-
tive processes, methods or devices in waste treatment and
pollution abatement programs.
(f) Detail of Environmental Protection Agency personnel to State
water pollution control agencies.
1362. Definitions.
1363. Water Pollution Control Advisory Board.
1364. Emergency powers.
1365. Citizen suits.
(a) Authorization; jurisdiction.
(b) Notice.
(c) Venue; intervention by Administrator.
(d) Litigation costs.
(e) Statutory or common law rights not restricted.
(f) Effluent standard or limitation.
(g) Citizen.
(h) Civil action by State Governors.
1366. Appearance.
1367. Employee protection.
(a) Discrimination against persons filing, instituting, or testifying
in proceedings under this chapter prohibited.
(b) Application for review; investigation, hearing; review.
(c) Costs and expenses.
(d) Deliberate violations by employee acting without direction from
his employer or his agent.
(e) Investigations of employment reductions.
1368. Federal procurement.
(a) Contracts with violators prohibited.
(b) Notification of agencies.
(c) Implementation by Presidential order.
(d) Exemptions.
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33 § 1251 EPA CURRENT LAWS—WATER
Sec.
(e) Annual report to Congress.
1369. Administrative procedure and judicial review.
1370. State authority.
1371. Authority under other laws and regulations.
1372. Labor standards.
1373. Public health agency coordination.
1374. Effluent Standards and Water Quality Information Advisory Com-
mittee.
(a) Establishment; membership; term.
(b) Action on proposed regulations.
(c) Secretary; legal counsel; compensation.
(d) Quorum; special panel.
(e) Rules.
1375. Reports to Congress.
1376. Authorization of appropriations.
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SUBCHAPTER I—RESEARCH AND RELATED PROGRAMS
§ 1251. Congressional declaration of goals and policy B
(a) The objective of this chapter is to restore and maintain the ™
chemical, physical, and biological integrity of the Nation's waters.
In order to achieve this objective it is hereby declared that, con- B
sistent with the provisions of this chapter— B
(1) it is the national goal that the discharge of pollutants
into the navigable waters be eliminated by 1985;
(2) it is the national goal that wherever attainable, an
interim goal of water quality which provides for the protec-
tion and propagation of fish, shellfish, and wildlife and pro- «
vides for recreation in and on the water be achieved by July B
1,1983; ™
(3) it is the national policy that the discharge of toxic
pollutants in toxic amounts be prohibited; B
(4) it is the national policy that Federal financial assist- B
ance be provided to construct publicly owned waste treatment
works;
(5) it is the national policy that area wide waste treatment
management planning processes be developed and imple-
mented to assure adequate control of sources of pollutants in «
each State; and B
(6) it is the national policy that a major research and
demonstration effort be made to develop technology necessary
to eliminate the discharge of pollutants into the navigable B
waters, waters of the contiguous zone, and the oceans. B
(b) It is the policy of the Congress to recognize, preserve, and
protect the primary responsibilities and rights of States to pre-
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FED. WATER POLLUTION CONTROL ACT 33 § 1251
vent, reduce, and eliminate pollution, to plan the development and
use (including restoration, preservation, and enhancement) of
land and water resources, and to consult with the Administrator
in the exercise of his authority under this chapter. It is further
the policy of the Congress to support and aid research relating to
the prevention, reduction, and elimination of pollution, and to
provide Federal technical services and financial aid to State and
interstate agencies and municipalities in connection with the pre-
vention, reduction, and elimination of pollution.
(c) It is further the policy of Congress that the President,
acting through the Secretary of State and such national and inter-
national organizations as he determines appropriate, shall take
such action as may be necessary to insure that to the fullest extent
possible all foreign countries shall take meaningful action for the
prevention, reduction, and elimination of pollution in their waters
and in international waters and for the achievement of goals re-
garding the elimination of discharge of pollutants and the im-
provement of water quality to at least the same extent as the
United States does under its laws.
(d) Except as otherwise expressly provided in this chapter, the
Administrator of the Environmental Protection Agency (hereinaf-
ter in this chapter called "Administrator") shall administer this
chapter.
(e) Public participation in the development, revision, and en-
forcement of any regulation, standard, effluent limitation, plan, or
program established by the Administrator or any State under this
chapter shall be provided for, encouraged, and assisted by the
Administrator and the States. The Administrator, in cooperation
with the States, shall develop and publish regulations specifying
minimum guidelines for public participation in such processes.
(f) It is the national policy that to the maximum extent possible
the procedures utilized for implementing this chapter shall encour-
age the drastic minimization of paperwork and interagency deci-
sion procedures, and the best use of available manpower and
funds, so as to prevent needless duplication and unnecessary de-
lays at all levels of government.
June 30, 1948, c. 758, Title I, § 101, as added Oct. 18, 1972,
Pub.L. 92-500, § 2, 86 Stat. 816.
§ 1252. Comprehensive programs for water pollution control
(a) The Administrator shall, after careful investigation, and in
cooperation with other Federal agencies, State water pollution
control agencies, interstate agencies, and the municipalities and
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33 § 1252 EPA CURRENT LAWS—WATER
industries involved, prepare or develop comprehensive programs •
for preventing, reducing, or eliminating the pollution of the navig-
able waters and ground waters and improving the sanitary condi-
tion of surface and underground waters. In the development of
such comprehensive programs due regard shall be given to the
improvements which are necessary to conserve such waters for the
protection and propagation of fish and aquatic life and wildlife,
recreational purposes, and the withdrawal of such waters for
public water supply, agricultural, industrial, and other purposes.
For the purpose of this section, the Administrator is authorized to H
make joint investigations with any such agencies of the condition H
of any waters in any State or States, and of, the discharges of any
sewage, industrial wastes, or substance which may adversely M|
affect such waters. H
(b) (1) In the survey or planning of any reservoir by the Corps
of Engineers, Bureau of Reclamation, or other Federal agency, _
consideration shall be given to inclusion of storage for regulation •
of streamflow, 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 regulation of H
streamflow (other than for water quality) including but not lim-
ited to navigation, salt water intrusion, recreation, esthetics, and
fish and wildlife, shall be determined by the Corps of Engineers,
Bureau of Reclamation, or other Federal agencies.
(3) The need for, the value of, and the impact of, storage for
water quality control shall be determined by the Administrator,
and his views on these matters shall be set forth in any report or
presentation to Congress proposing authorization or construction
of any reservoir including such storage.
(4) The value of such storage shall be taken into account in
determining the economic value of the entire project of which it is
a part, and costs shall be allocated to the purpose of regulation of
streamflow in a manner which will insure that all project pur-
poses share equitably in the benefits of multiple-purpose construc-
tion. M
(5) Costs of regulation of streamflow features incorporated in •
any Federal reservoir or other impoundment under the provisions
of this chapter 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. •
(6) No license granted by the Federal Power Commission for a
hydroelectric power project shall include storage for regulation of
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FED. WATER POLLUTION CONTROL ACT 33 § 1252
streamflow for the purpose of water quality control unless the
Administrator shall recommend its inclusion and such reservoir
storage capacity shall not exceed such proportion of the total stor-
age required for the water quality control plan as the drainage
area of such reservoir bears to the drainage area of the river
basin or basins involved in such water quality control plan.
(c) (1) The Administrator 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 three years, which period shall begin after October
18, 1972, if such agency provides for adequate representation of
appropriate State, interstate, local, or (when appropriate) inter-
national interests in the basin or portion thereof involved and is
capable of developing an effective, comprehensive water quality
control plan for a basin or portion thereof.
(2) Each planning agency receiving a grant under this subsec-
tion shall develop a comprehensive pollution control plan for the
basin or portion thereof which—
(A) is consistent with any applicable water quality stand-
ards, effluent and other limitations, and thermal discharge
regulations established pursuant to current law within the
basin;
(B) recommends such treatment works as will provide the
most effective and economical means of collection, storage,
treatment, and elimination of pollutants and recommends
means to encourage both municipal and industrial use of such
works;
(C) recommends maintenance and improvement of water
quality within the basin or portion thereof and recommends
methods of adequately financing those facilities as may be
necessary to implement the plan; and
(D) as appropriate, is developed in cooperation with, and is
consistent with any comprehensive plan prepared by the
Water Resources Council, any areawide waste management
plans developed pursuant to section 1288 of this title, and any
State plan developed pursuant to section 1313 (e) of this title.
(3) For the purposes of this subsection the term "basin" in-
cludes, 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.
June 30, 1948, c. 758, Title I, § 102, as added Oct. 18, 1972, Pub.L.
92-500, § 2, 86 Stat. 817.
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33 § 1253 EPA CURRENT LAWS—WATER
§ 1253. Interstate cooperation and uniform laws •
(a) The Administrator shall encourage cooperative activities by
the States for the prevention, reduction, and elimination of pollu-
tion, encourage the enactment of improved and, so far as practica- H
ble, uniform State laws relating to the prevention, reduction, and ^
elimination of pollution; and encourage compacts between States
for the prevention and control of 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
conflict with any law or treaty of the United States, for (1) mm
cooperative effort and mutual assistance for the prevention and •
control of 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 compacts. 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. •
June 30, 1948, c. 758, Title I, § 103, as added Oct. 18, 1972, Pub.L. •
92-500, § 2, 86 Stat. 818.
§ 1254. Research, investigations, training, and information— •
Establishment of national programs; cooperation; investigations; ™
water quality surveillance system; reports
(a) The Administrator shall establish national programs for the •
prevention, reduction, and elimination of pollution and as part of •
such programs shall—
(1) in cooperation with other Federal, State, and local
agencies, conduct and promote the coordination and accelera-
tion of, research, investigations, experiments, training, dem-
onstrations, surveys, and studies relating to the causes, ef-
fects, extent, prevention, reduction, and elimination of pollu-
tion;
(2) encourage, cooperate with, and render technical serv-
ices to pollution control agencies and other appropriate public
or private agencies, institutions, and organizations, and indi-
viduals, including the general public, in the conduct of activi-
ties referred to in paragraph (1) of this subsection; H
(3) conduct, in cooperation with State water pollution con- H
trol agencies and other interested agencies, organizations and
persons, public investigations concerning the pollution of any •
navigable waters, and report on the results of such investiga- •
tions;
(4) establish advisory committees composed of recognized _
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FED. WATER POLLUTION CONTROL ACT 33 § 1254
experts in various aspects of pollution and representatives of
the public to assist in the examination and evaluation of re-
search progress and proposals and to avoid duplication of
research;
(5) in cooperation with the States, and their political sub-
divisions, and other Federal agencies establish, equip, and
maintain a water quality surveillance system for the purpose
of monitoring the quality of the navigable waters and ground
waters and the contiguous zone and the oceans and the Ad-
ministrator shall, to the extent practicable, conduct such sur-
veillance by utilizing the resources of the National Aeronau-
tics and Space Administration, the National Oceanic and At-
mospheric Administration, the Geological Survey, and the
Coast Guard, and shall report on such quality in the report
required under subsection (a) of section 1375 of this title;
and
(6) initiate and promote the coordination and acceleration
of research designed to develop the most effective practicable
tools and techniques for measuring the social and economic
costs and benefits of activities which are subject to regulation
under this chapter; and shall transmit a report on the results
of such research to the Congress not later than January 1,
1974.
Authorized activities of Administrator
(b) In carrying out the provisions of subsection (a) of this
section the Administrator is authorized to—
(1) collect and make available, through publications and
other appropriate means, the results of and other informa-
tion, including appropriate recommendations by him in
connection therewith, pertaining to such research and other
activities referred to in paragraph (1) of subsection (a) of
this section;
(2) cooperate with other Federal departments and agen-
cies, State water pollution control agencies, interstate agen-
cies, other public and private agencies, institutions, organiza-
tions, industries involved, and individuals, in the preparation
and conduct of such research and other activities referred to
in paragraph (1) of subsection (a) of this section;
(3) make grants to State water pollution control agencies,
interstate agencies, other public or nonprofit private agencies,
institutions, organizations, and individuals, for purposes
stated in paragraph (1) of subsection (a) of this section;
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Sewage treatment; identification and measurement of effects
of pollutants; augmented streamflow
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33 § 1254 EPA CURRENT LAWS—WATER
(4) contract with public or private agencies, institutions,
organizations, and individuals, without regard to section 529
of Title 31 and section 5 of Title 41, referred to in paragraph
(1) of subsection (a) of this section;
(5) establish and maintain research fellowships at public
or nonprofit private educational institutions or research orga-
nizations;
(6) collect and disseminate, in cooperation with other Fed-
eral departments and agencies, and with other public or pri-
vate agencies, institutions, and organizations having related
responsibilities, basic data on chemical, physical, and biologi-
cal effects of varying water quality and other information
pertaining to pollution and the prevention, reduction, and mm
elimination thereof; and •
(7) develop effective and practical processes, methods, and
prototype devices for the prevention, reduction, and elimina- —
tion of pollution. •
Research and studies on harmful effects of pollutants; cooperation with
Secretary of Health, Education, and Welfare ••
(c) In carrying out the provisions of subsection (a) of this •
section the Administrator shall conduct research on, and survey
the results of other scientific studies on, the harmful effects on the mm
health or welfare of persons caused by pollutants. In order to mm
avoid duplication of effort, the Administrator shall, to the extent
practicable, conduct such research in cooperation with and mm
through the facilities of the Secretary of Health, Education, and H
Welfare. ™
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(d) In carrying out the provisions of this section the Adminis-
trator shall develop and demonstrate under varied conditions (in-
eluding conducting such basic and applied research, studies, and
experiments as may be necessary) :
(1) Practicable means of treating municipal sewage, and
other waterborne wastes to implement the requirements of
section 1281 of this title ;
(2) Improved methods and procedures to identify and
measure the effects of pollutants, including those pollutants
created by new technological developments ; and
(3) Methods and procedures for evaluating the effects on
water quality of augmented streamflows to control pollution mm
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not susceptible to other means of prevention, reduction, or
elimination.
Field laboratory and research facilities
(e) The Administrator shall establish, equip, and maintain field
laboratory 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, experiments, field demonstrations and
studies, and training relating to the prevention, reduction and
elimination of pollution. Insofar as practicable, each such facility
shall be located near institutions of higher learning in which grad-
uate training in such research might be carried out. In conjunc-
tion with the development of criteria under section 1343 of this
title, the Administrator shall construct the facilities authorized
for the National Marine Water Quality Laboratory established
under this subsection.
Great Lakes water quality research
(f) The Administrator shall conduct research and technical de-
velopment 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 vary-
ing 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, industrial, and vessel waste treatment
and disposal practices with respect to such waters, and a study of
alternate means of solving pollution problems (including addi-
tional waste treatment measures) with respect to such waters.
Treatment works pilot training programs; employment needs forecasting;
training projects and grants; research fellowships; technical training;
report to the President and transmittal to Congress
(g) (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 Administrator shall finance pilot programs, in coop-
eration with State and interstate agencies, municipalities, educa-
tional institutions, and other organizations and individuals, of
manpower development and training and retraining of persons in,
on entering into, the field of operation and maintenance of treat-
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ment works and related activities. Such program and any funds •
expended for such a program shall supplement, not supplant, other
manpower and training programs and funds available for the pur-
poses of this paragraph. The Administrator is authorized, under H
such terms and conditions as he deems appropriate, to enter into •
agreements with one or more States, acting jointly or severally, or
with other public or private agencies or institutions for the devel-
opment and implementation of such a program.
(2) The Administrator is authorized to enter into agreements
with public and private agencies and institutions, and individuals •
to develop and maintain an effective system for forecasting the H
supply of, and demand for, various professional and other occupa-
tional categories needed for the prevention, reduction, and elimi-
nation of pollution in each region, State, or area of the United H
States and, from time to time, to publish the results of such •
forecasts.
(3) In furtherance of the purposes of this chapter, the Adminis- •
trator is authorized to— H
(A) make grants to public or private agencies and institu-
tions and to individuals for training projects, and provide for
the conduct of training by contract with public or private
agencies and institutions and with individuals without regard
to section 529 of Title 31 and section 5 of Title 41;
(B) establish and maintain research fellowships in the En-
vironmental Protection Agency with such stipends and allow-
ances, including traveling and subsistence expenses, as he
may deem necessary to procure the assistance of the most
promising research fellows; and
(C) provide, in addition to the program established under
paragraph (1) of this subsection, training in technical mat- •
ters relating to the causes, prevention, reduction, and elimina- H
tion of pollution for personnel of public agencies and other
persons with suitable qualifications. mm
(4) The Administrator shall submit, through the President, a •
report to the Congress not later than December 31, 1973, summa- ^
rizing 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, recommenda-
tions on improving training programs, and such other information
and recommendations, including legislative recommendations, as
he deems appropriate. _
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Lake pollution
(h) The Administrator is authorized to enter into contracts
with, or make grants to, public or private agencies and organiza-
tions and individuals for (A) the purpose of developing and dem-
onstrating new or improved methods for the prevention, removal,
reduction, and elimination of pollution in lakes, including the un-
desirable effects of nutrients and vegetation, and (B) the con-
struction of publicly owned research facilities for such purpose.
Oil pollution control studies
(i) The Administrator, in cooperation with the Secretary of the
department in which the Coast Guard is operating, shall—
(1) engage in such research, studies, experiments, and dem-
onstrations as he deems appropriate, relative to the removal
of oil from any waters and to the prevention, control, and
elimination of oil and hazardous substances pollution;
(2) publish from time to time the results of such activities;
and
(3) from time to time, develop and publish in the Federal
Register specifications and other technical information on the
various chemical compounds used in the control of oil and
hazardous substances spills.
In carrying out this subsection, the Administrator may enter into
contracts with, or make grants to, public or private agencies and
organizations and individuals.
Solid waste disposal equipment for vessels
(j) The Secretary of the department in which the Coast Guard
is operating shall engage in such research, studies, experiments,
and demonstrations as he deems appropriate relative to equipment
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 of the de-
partment in which the Coast Guard is operating shall report to
Congress the results of such research, studies, experiments, and
demonstrations prior to the effective date of any regulations estab-
lished under section 1322 of this title. In carrying out this subsec-
tion the Secretary of the department in which the Coast Guard is
operating may enter into contracts with, or make grants to, public
or private organizations and individuals.
Land acquisition
(k) In carrying out the provisions of this section relating to the
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33 § 1254 EPA CURRENT LAWS— WATER
conduct by the Administrator of demonstration projects and the
development of field laboratories and research facilities, the Ad-
ministrator may acquire land and interest therein by purchase,
with appropriated or donated funds, by donation, or by exchange H
for acquired or public lands under his jurisdiction which he classi- H
fies as suitable for disposition. The values of the properties so
exchanged either shall be approximately equal, or if they are not ••
approximately equal, the values shall be equalized by the payment H
of cash to the grantor or to the Administrator as the circum-
stances require.
Collection and dissemination of scientific knowledge on effects
and control of pesticides in water
(I) (1) The Administrator shall, after consultation with appro-
priate local, State, and Federal agencies, public and private orga-
nizations, and interested individuals, as soon as practicable but
not later than January 1, 1973, develop and issue to the States for
the purpose of carrying out this chapter the latest scientific knowl-
edge available in indicating the kind and extent of effects on
health and welfare which may be expected from the presence of
pesticides in the water in varying quantities. He shall revise and
add to such information whenever necessary to reflect developing
scientific knowledge.
(2) The President shall, in consultation with appropriate local, ••
State, and Federal agencies, public and private organizations, and H
interested individuals, conduct studies and investigations of meth-
ods to control the release of pesticides into the environment which _
study shall include examination of the persistency of pesticides in H
the water environment and alternatives thereto. The President ™
shall submit reports, from time to time, on such investigations to
Congress together with his recommendations for any necessary Hj
legislation. H
Waste oil disposal study ^_
(m) (1) The Administrator shall, in an effort to prevent degra- H
dation of the environment from the disposal of waste oil, conduct ™
a study of (A) the generation of used engine, machine, cooling,
and similar waste oil, including quantities generated, the nature H
and quality of such oil, present collecting methods and disposal Hi
practices, and alternate uses of such oil; (B) the long-term,
chronic biological effects of the disposal of such waste oil ; and (C)
the potential market for such oils, including the economic and
legal factors relating to the sale of products made from such oils,
the level of subsidy, if any, needed to encourage the purchase by ^m
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FED. WATER POLLUTION CONTROL ACT 33 § 1254
public and private nonprofit agencies of products from such oil,
and the practicability of Federal procurement, on a priority basis,
of products made from such oil. In conducting such study, the
Administrator shall consult with affected industries and other per-
sons.
(2) The Administrator shall report the preliminary results of
such study to Congress within six months after October 18, 1972,
and shall submit a final report to Congress within 18 months after
such date.
Comprehensive studies of effects of pollution on
estuaries and estuarine zones; reports
(n) (1) The Administrator shall, in cooperation with the Secre-
tary of the Army, the Secretary of Agriculture, the Water Re-
sources Council, and with other appropriate Federal, State, inter-
state, or local public bodies and private organizations, institutions,
and individuals, conduct and promote, and encourage contribu-
tions to, continuing comprehensive studies of the effects of pollu-
tion, 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 studies 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 such studies, the Administrator shall assem-
ble, coordinate, and organize all existing pertinent information on
the Nation's estuaries and estuarine zones; carry out a program of
investigations and surveys to supplement existing information in
representative estuaries and estuarine zones; and identify the
problems and areas where further research and study are re-
quired.
(3) The Administrator shall submit to Congress, from time to
time, reports of the studies authorized by this subsection but at
least one such report during any three year period. Copies of each
such report shall be made available to all interested parties, public
and private.
(4) 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, in-
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33 § 1254 EPA CURRENT LAWS— WATER
shore waters, and channels, and the term "estuary" means all or H
part of the mouth of a 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 de-
rived from land drainage.
Methods of reducing total flow of sewage and
unnecessary water consumption; reports
(o) (1) The Administrator shall conduct research and investi-
gations on devices, systems, incentives, pricing policy, and other
methods of reducing the total flow of sewage, including, but not •
limited to, unnecessary water consumption in order to reduce the •
requirements for, and the costs of, sewage and waste treatment
services. Such research and investigations shall be directed to ••
develop devices, systems, policies, and methods capable of achiev- H
ing the maximum reduction of unnecessary water consumption.
(2) The Administrator shall report the preliminary results of
such studies and investigations to the Congress within one year
after October 18, 1972, and annually thereafter in the report re-
quired under subsection (a) of section 1375 of this title. Such
report shall include recommendations for any legislation that may
be required to provide for the adoption and use of devices, sys-
terns, policies, or other methods of reducing water consumption
and reducing the total flow of sewage. Such report shall include an
estimate of the benefits to be derived from adoption and use of
such devices, systems, policies, or other methods and also shall
reflect estimates of any increase in private, public, or other cost
that would be occasioned thereby.
Agricultural pollution
(p) In carrying out the provisions of subsection (a) of this ^_
section the Administrator shall, in cooperation with the Secretary H
of Agriculture, other Federal agencies, and the States, carry out a
comprehensive study and research program to determine new and
improved methods and the better application of existing methods H
of preventing, reducing, and eliminating pollution from agricul- H
ture, including the legal, economic, and other implications of the
use of such methods. •
Sewage in rural areas ^B
(q) (1) The Administrator shall conduct a comprehensive pro-
gram of research and investigation and pilot project implementa-
tion into new and improved methods of preventing, reducing, stor-
ing, collecting, treating, or otherwise eliminating pollution from
sewage in rural and other areas where collection of sewage in _
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conventional, community-wide sewage collection systems is
impractical, uneconomical, or otherwise infeasible, or where soil
conditions or other factors preclude the use of septic tank and
drainage field systems.
(2) The Administrator shall conduct a comprehensive
program of research and investigation and pilot project
implementation into new and improved methods for the
collection and treatment of sewage and other liquid wastes
combined with the treatment and disposal of solid wastes.
Research grants to colleges and universities
(r) The Administrator is authorized to make grants to
colleges and universities to conduct basic research into the
structure and function of fresh water1 aquatic ecosystems and to
improve understanding of the ecological characteristics
necessary to the maintenance of the chemical, physical, and
biological integrity of freshwater1 aquatic ecosystems.
River Study Centers
(s) The Administrator is authorized to make grants to one or
more institutions of higher education (regionally located and to
be designated as "River Study Centers") for the purpose of
conducting and reporting on interdisciplinary studies on the
nature of river systems, including hydrology, biology, ecology,
economics, the relationship between river uses and land uses,
and the effects of development within river basins on river
systems and on the value of water resources and water related
activities. No such grant in any fiscal year shall exceed
$1,000,000.
Thermal discharges
(t) The Administrator shall, in cooperation with State and
Federal agencies and public and private organizations, conduct
continuing comprehensive studies of the effects and methods of
control of thermal discharges. In evaluating alternative
methods of control the studies shall consider (1) such data as are
available on the latest available technology, economic feasibility
including cost-effectiveness analysis, and (2) the total impact on
the environment, considering not only water quality but also air
quality, land use, and effective utilization and conservation of
fresh water and other natural resources. Such studies shall
consider methods of minimizing adverse effects and maximizing
beneficial effects of thermal discharges. The results of these
studies shall be reported by the Administrator as soon as
practicable, but not later than 270 days after October 18, 1972,
and shall be made available to the public and the States, and
'So in original. Q1
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considered as they become available by the Administrator in H
carrying out section 1326 of this title and by the States in
proposing thermal water quality standards.
Authorization of appropriations ff
(u) There is authorized to be appropriated (1) $100,000,000 per
fiscal year for the fiscal year ending June 30,1973, and the fiscal mm
year ending June 30,1974, for carrying out the provisions of this •
section other than subsections (g)(l) and(2), (p), (r), and (t) of this
section; (2) not to exceed $7,500,000 for fiscal years 1973 and 1974
for carrying out the provisions of subsection (g) (1) of this section; wM
(3) not to exceed $2,500,000 for fiscal year 1973 for carrying out •
the provisions of subsection (g) (2) of this section; (4) not to exceed
$10,000,000 for each of the fiscal years ending June 30,1973, and
June 30,1974, for carrying out the provisions of subsection (p) of
this section; (5) not to exceed $15,000,000 per fiscal year for the
fiscal years ending June 30,1973, and June 30,1974, for carrying _
out the provisions of subsection (r) of this section; and (6) not to •
exceed $10,000,000 per fiscal year for the fiscal years ending June ^^
30, 1973, and June 30, 1974, for carrying out the provisions of
subsection (t) of this section. Hj
June 30, 1948, c. 758, Title I § 104, as added Oct. 18, 1972, Pub.L. •
92-500, § 2,86 Stat. 819, and amended Dec. 28,1973, Pub.L. 93-207,
41 (1), 87 Stat. 906.
§ 1255. Grants for research and development—Demonstration
projects covering storm waters, advanced waste treatment and
water purification methods, and joint treatment systems for
municipal and industrial wastes.
(a) The Administrator is authorized to conduct in the
Environmental Protection Agency, and to make grants to any
State, municipality, or intermunicipal or interstate agency for
the purpose of assisting in the development of—
(1) any project which will demonstrate a new or improved
method of preventing, reducing, and eliminating the discharge
into any waters of pollutants from sewers which carry storm
water or both storm water and pollutants; or
(2) any project which will demonstrate advanced waste •
treatment and water purification methods (including the H
temporary use of new or improved chemical additives which
provide substantial immediate improvement to existing
treatment processes), or new or improved methods of joint WM
treatment systems for municipal and industrial wastes; ™
and to include in such grants such amounts as are necessary for
the purpose of reports, plans, and specifications in connection
therewith.
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works, and if the cost of such sewage collection system exceeds
the cost of such treatment works, and
(2) the State water pollution control agency or other
appropriate State authority certifies that the quantity of
available ground water will be insufficient, inadequate, or
unsuitable for public use, including the ecological preservation
and recreational use of surface water bodies, unless affluents
from publicly-owned treatment works after adequate
treatment are returned to the ground water consistent with
acceptable technological standards.
June 30,1948, c. 758, Title II, § 202, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 834.
§ 1283. Plans, specifications, estimates, and payments
(a) Each applicant for a grant shall submit to the
Administrator for his approval, plans, specifications, and
estimates for each proposed project for the construction of
treatment works for which a grant is applied for under section
1281(g) (1) of this title from funds allotted to the State under
section 1285 of this title and which otherwise meets the
requirements of this chapter. The Administrator shall act upon •
such plans, specifications, and estimates as soon as practicable |
after the same have been submitted, and his approval of any
such plans, specifications, and estimates shall be deemed a •
contractual obligation of the United States for the payment of its •
proportional contribution to such project.
(b) The Administrator shall, from time to time as the work
progresses, make payments to the recipient of a grant for costs of •
construction incurred on a project. These payments shall at no Hi
time exceed the Federal share of the cost of construction
incurred to the date of the voucher covering such payment plus
the Federal share of the value of the materials which have been
stockpiled in the vicinity of such construction in conformity to
plans and specifications for the project. .
(c) After completion of a project and approval of the final •
voucher by the Administrator, he shall pay out of the
appropriate sums the unpaid balance of the Federal share
payable on account of such project. H
§ 1284. Limitations and conditions
(a) Before approving grants for any project for any _
treatment works under section 1281(g) (1) of this title the H
Administrator shall determine— ^^
(d) Nothing in this chapter shall be construed to require, or
to authorize the Administrator to require, that grants under H|
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this chapter for construction of treatment works be made only
for projects which are operable units usable for sewage
collection, transportation, storage, waste treatment, or for
similar purposes without additional construction.
June 30, 1948, c. 758, Title II, § 203, as added Oct. 18, 1972,
Pub.L. 92-500, § 2, 86 Stat. 835, and amended Jan. 2, 1974,
Pub.L. 93-243, § 2, 87 Stat. 1069.
(1) that such works are included in any applicable
area-wide waste treatment management plan developed
under section 1288 of this title;
(2) that such works are in conformity with any applicable
State plan under section 1313(e) of this title;
(3) that such works have been certified by the appropriate
State water pollution control agency as entitled to priority
over such other works in the State in accordance with any
applicable State plan under section 1313(e) of this title;
(4) that the applicant proposing to construct such works
agrees to pay the non-Federal costs of such works and has
made adequate provisions satisfactory to the Administrator
for assuring proper and efficient operation, including the
employment of trained management and operations
personnel, and the maintenance of such works in accordance
with a plan of operation approved by the State water pollution
control agency or, as appropriate, the interstate agency, after
construction thereof;
(5) that the size and capacity of such works relate directly
to the needs to be served by such works, including sufficient
reserve capacity. The amount of reserve capacity provided
shall be approved by the Administrator on the basis of a
comparison of the cost of constructing such reserves as a part
of the works to be funded and the anticipated cost of providing
expanded capacity at a date when such capacity will be
required;
(6) that no specification for bids in connection with such
works shall be written in such a manner as to contain
proprietary, exclusionary, or discriminatory requirements
other than those based upon performance, unless such
requirements are necessary to test or demonstrate a specific
thing or to provide for necessary interchangeability of parts
and equipment, or at least two brand names or trade names of
comparable quality or utility are listed and are followed by the
words "or equal".
(b) (1) Notwithstanding any other provision of this
subchapter, the Administrator shall not approve any grant for
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any treatment works under section 1281(g) (1) of this title after
March 1, 1973, unless he shall first have determined that the
applicant (A) has adopted or will adopt a system of charges to
assure that each recipient of waste treatment services within
the applicant's jurisdiction, as determined by the Administrator,
will pay its proportionate share of the costs of operation and
maintenance (including replacement) of any waste treatment
services provided by the applicant; (B) has made provision for
the payment to such applicant by the industrial users of the
treatment works, of that portion of the cost of construction of
such treatment works (as determined by the Administrator)
which is allocable to the treatment of such industrial wastes to
the extent attributable to the Federal share of the cost of
construction; and (C) has legal, institutional, managerial, and
financial capability to insure adequate construction, operation,
and maintenance of treatment works throughout the applicant's
jurisdiction, as determined by the Administrator.
(2) The Administrator shall, within one hundred and eighty
days after October 18, 1972, and after consultation with
appropriate State, interstate, municipal, and intermunicipal
agencies, issue guidelines applicable to payment of waste
treatment costs by industrial and nonindustrial recipients of
waste treatment services which shall establish (A) classes of
users of such services, including categories of industrial users;
(B) criteria against which to determine the adequacy of charges
imposed on classes and categories of users reflecting all factors
that influence the cost of waste treatment, including strength,
volume, and delivery flow rate characteristics of waste; and (C)
model systems and rates of user charges typical of various
treatment works serving municipal-industrial communities.
(3) The grantee shall retain an amount of the revenues Bj
derived from the payment of costs by industrial users of waste H
treatment services, to the extent costs are attributable to the
Federal share of eligible project costs provided pursuant to this H
subchapter as determined by the Administrator, equal to (A) the H
amount of the non-Federal cost of such project paid by the
grantee plus (B) the amount, determined in accordance with
regulations promulgated by the Administrator, necessary for
future expansion and reconstruction of the project, except that
such retained amount shall not exceed 50 per centum of such
revenues from such project. All revenues from such project not
retained by the grantee shall be deposited by the Administrator
in the Treasury as miscellaneous receipts. That portion of the
revenues retained by the grantee attributable to clause (B) of wm
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the first sentence of this paragraph, together with any interest
thereon shall be used solely for the purposes of future expansion
and reconstruction of the project.
(4) Approval by the Administrator of a grant to an interstate
agency established by interstate compact for any treatment
works shall satisfy any other requirement that such works be
authorized by Act of Congress.
June 30,1948, c. 758, Title II, § 204, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 835.
§ 1285. Allotment of grant funds
(a) Sums authorized to be appropriated pursuant to section
1287 of this title for each fiscal year beginning after June 30,
1972, shall be allotted by the Administrator not later than the
January 1st immediately preceding the beginning of the fiscal
year for which authorized, except that the allotment for fiscal
year 1973 shall be made not later than 30 days after October 18,
1972. Such sums shall be allotted among the States by the
Administrator in accordance with regulations promulgated by
him, in the ratio that the estimated cost of constructing all
needed publicly owned treatment works in each State bears to
the estimated cost of construction of all needed publicly owned
treatment works in all of the States. For the fiscal years ending
June 30, 1973, and June 30, 1974, such ratio shall be determined
on the basis of table III of House Public Works Committee Print
No. 92-50. For the fiscal year ending June 30, 1975, such ratio
shall be determined one-half on the basis of table I of House
Public Works Committee Print Numbered 93-28 and one-half on
the basis of table II of such print, except that no State shall
receive an allotment less than that which it received for the
fiscal year ending June 30, 1972, as set forth in table III of such
print. Allotments for fiscal years which begin after the fiscal
year ending June 30,1975, shall be made only in accordance with
a revised cost estimate made and submitted to Congress in
accordance with section 1375(b) of this title and only after such
revised cost estimate shall have been approved by law
specifically enacted after October 18, 1972.
(b) (1) Any sums allotted to a State under subsection (a) of
this section shall be available for obligation under section 1283 of
this title on and after the date of such allotment. Such sums shall
continue available for obligations in such State for a period of
one year after the close of the fiscal year for which such sums are
authorized. Any amounts so allotted which are not obligated by
the end of such one-year period shall be immediately reallotted
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(b) Any publicly owned treatment works constructed with or
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by the Administrator, in accordance with regulations
promulgated by him, generally on the basis of the ratio used in
making the last allotment of sums under this section. Such
reallotted sums shall be added to the last allotments made to the
States. Any sum made available to a State by reallotment under
this subsection shall be in addition to any funds otherwise
allotted to such State for grants under this subchapter during
any fiscal year.
(2) Any sums which have been obligated under section 1283 of
this title and which are released by the payment of the final
voucher for the project shall be immediately credited to the State
to which such sums were last allotted. Such released sums shall
be added to the amounts last allotted to such State and shall be
immediately available for obligation in the same manner and to
the same extent as such last allotment.
June 30,1948, c, 758, Title II, § 205, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 837, and amended, Jan. 2,1974, Pub.L. 93-243,
§ 1, 87 Stat. 1069.
§ 1286. Reimbursement and advanced construction—Publicly
owned treatment works construction initiated after June 30, 1966,
but before July 1, 1972; reimbursement formula.
(a) Any publicly owned treatment works in a State on which
construction was initiated after June 30,1966, but before July 1,
1972, which was approved by the appropriate State water
pollution control agency and which the Administrator finds
meets the requirements of section 8 of this Act in effect at the
time of the initiation of construction shall be reimbursed a total
amount equal to the difference between the amount of Federal
financial assistance, if any, received under such section 8 for
such project and 50 percentum of the cost of such project, or 55
percentum of the project cost where the Administrator also
determines that such treatment works was constructed in
conformity with a comprehensive metropolitan treatment plan H
as described in section 8(f) of the Federal Water Pollution Control •
Act as in effect immediately prior to the date of enactment of the
Federal Water Pollution Control Act Amendments of 1972. ••
Nothing in this subsection shall result in any such works receiv- •
ing Federal grants from all sources in excess of 80 percentum
of the cost of such project.
Publicly owned treatment works construction initiated between June 30,1956, and ^|
June 30, 1966; reimbursement formula
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eligible for Federal financial assistance under this Act in a State
between June 30,1956, and June 30,1966, which was approved by
the State water pollution control agency and which the
Administrator finds meets the requirements of section 8 of this
Act prior to the date of enactment of the Federal Water Pollution
Control Act Amendments of 1972 but which was constructed
without assistance under such section 8 or which received such
assistance in an amount less than 30 percentum of the cost of
such project shall qualify for payments and reimbursement of
State or local funds used for such project from sums allocated to
such State under this section in an amount which shall not
exceed the difference between the amount of such assistance, if
any, received for such project and 30 percentum of the cost of
such project.
Application for reimbursement
(c) No publicly owned treatment works shall receive any
payment or reimbursement under subsection (a) or (b) of this
section unless an application for such assistance is filed with the
Administrator within the one year period which begins on
October 18, 1972. Any application filed within such one year
period may be revised from time to time, as may be necessary.
Allocation of funds
(d) The Administrator shall allocate to each qualified project
under subsection (a) of this section each fiscal year for which
funds are appropriated under subsection (e) of this section an
amount which bears the same ratio to the unpaid balance of the
reimbursement due such project as the total of such funds for
such year bears to the total unpaid balance of reimbursement
due all such approved projects on the date of enactment of such
appropriation. The Administrator shall allocate to each qualified
project under subsection (b) of this section each fiscal year for
which funds are appropriated under subsection (e) of this section
an amount which bears the same ratio to the unpaid balance of
the reimbursement due such project as the total of such funds for
such year bears to the total unpaid balance of reimbursement
due all such approved projects on the date of enactment of such
appropriation.
Authorization of appropriations
(e) There is authorized to be appropriated to carry out
subsection (a) of this section not to exceed $2,600,000,000 and, to
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carry out subsection (b) of this section, not to exceed
$750,000,000. The authorizations contained in this subsection
shall be the sole source of funds for reimbursements authorized
by this section.
Additional funds
(f) (1) In any case where all funds allotted to a State under
this subchapter have been obligated under section 1283 of this
title, and there is construction of any treatment works project
without the aid of Federal funds and in accordance with all
procedures and all requirements applicable to treatment works
projects, except those procedures and requirements which limit
construction of projects to those constructed with the aid of
previously allotted Federal funds, the Administrator, upon his
approval of an application made under this subsection therefor,
is authorized to pay the Federal share of the cost of construction
of such project when additional funds are allotted to the State
under this subchapter if prior to the construction of the project
the Administrator approves plans, specifications, and estimates
therefor in the same manner as other treatment works projects.
The Administrator may not approve an application under this
subsection unless an authorization is in effect for the future
fiscal year for which the application requests payment, which
authorization will insure such payment without exceeding the
State's expected allotment from such authorization.
(2) In determining the allotment for any fiscal year under
this subchapter, any treatment works project constructed in
accordance with this section and without the aid of Federal
funds shall not be considered completed until an application
under the provisions of this subsection with respect to such
project has been approved by the Administrator, or the
availability of funds from which this project is eligible for
reimbursement has expired, whichever first occurs.
June 30,1948, c. 758, Title II, § 206, as added Oct. 18,1972, Pub.L.
92-500, § 2,86 Stat. 838, and amended Dec. 28,1973, Pub.L. 93-207,
31 (2), 87 Stat. 906.
§ 1287. Authorization of appropriations
There is authorized to be appropriated to carry out this
subchapter, other than sections 1288 and 1289 of this title, for the M
fiscal year ending June 30,1973, not to exceed $5,000,000,000, for •
the fiscal year ending June 30,1974, not to exceed $6,000,000,000,
and for the fiscal year ending June 30, 1975, not to exceed
$7,000,000,000. •
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June 30,1948, c. 758, Title II, § 207, as added Oct. 18,1972, Pub.L.
92-500, §2, 86 Stat. 839.
§ 1288. Areawide waste treatment management—Identification
and designation of areas having substantial water quality control
problems
(a) For the purpose of encouraging and facilitating the
development and implementation of areawide waste treatment
management plans—
(1) The Administrator, within ninety days after October 18,
1972, and after consultation with appropriate Federal, State,
and local authorities, shall by regulations publish guidelines
for the identification of those areas which, as a result of
urban-industrial concentrations or other factors, have
substantial water quality control problems.
(2) The Governor of each State, within sixty days after
publication of the guidelines issued pursuant to paragraph (1)
of this subsection, shall identify each area within the State
which, as a result of urban-industrial concentrations or other
factors, has substantial water quality control problems. Not
later than one hundred and twenty days following such
identification and after consultation with appropriate elected
and other officials of local governments having jurisdiction in
such areas, the Governor shall designate (A) the boundaries of
each such area, and (B) a single representative organization,
including elected officials from local governments or their
designees, capable of developing effective areawide waste
treatment management plans for such area. The Governor
may in the same manner at any later time identify any
additional area (or modify an existing area) for which he
determines areawide waste treatment management to be
appropriate, designate the boundaries of such area, and
designate an organization capable of developing effective
areawide waste treatment management plans for such area.
(3) With respect to any area which, pursuant to the
guidelines published under paragraph (1) of this subsection, is
located in two or more States, the Governors of the respective
States shall consult and cooperate in carrying out the
provisions of paragraph (2), with a view toward designating
the boundaries of the interstate area having common water
quality control problems and for which areawide waste
treatment management plans would be most effective, and
toward designating, within one hundred and eighty days after
publication of guidelines issued pursuant to paragraph (1) of
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this subsection, of a single representative organization
capable of developing effective areawide waste treatment
management plans for such area.
(4) If a Governor does not act, either by designating or
determining not to make a designation under paragraph (2) of
this subsection, within the time required by such paragraph,
or if, in the case of an interstate area, the Governors of the
States involved do not designate a planning organization
within the time required by paragraph (3) of this subsection,
the chief elected officials of local governments within an area
may by agreement designate (A) the boundaries for such an
area, and (B) a single representative organization including
elected officials from such local governments, or their
designees, capable of developing an areawide waste treatment
management plan for such area.
(5) Existing regional agencies may be designated under
paragraphs (2), (3), and (4) of this subsection.
(6) The State shall act as a planning agency for all portions
of such State which are not designated under paragraphs (2),
(3), or (4) of this subsection.
(7) Designations under this subsection shall be subject to H
the approval of the Administrator. Hi
Planning process ••
(b) (1) Not later than one year after the date of designation H
of any organization under subsection (a) of this section such
organization shall have in operation a continuing areawide ••
waste treatment management planning process consistent with H
section 1281 of this title. Plans prepared in accordance with this
process shall contain alternatives for waste treatment
management, and be applicable to all wastes generated within
the area involved. The initial plan prepared in accordance with
such process shall be certified by the Governor and submitted to
the Administrator not later than two years after the planning
process is in operation.
(2) Any plan prepared under such process shall include, but
not be limited to—
(A) the identification of treatment works necessary to meet
the anticipated municipal and industrial waste treatment
needs of the area over a twenty-year period, annually updated
(including an analysis of alternative waste treatment
systems), including any requirements for the acquisition of
land for treatment purposes; the necessary waste water
collection and urban storm water runoff systems; and a
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program to provide the necessary financial arrangements for
the development of such treatment works;
(B) the establishment of construction priorities for such
treatment works and time schedules for the initiation and
completion of all treatment works;
(C) the establishment of a regulatory program to—
(i) implement the waste treatment management
requirements of section 1281(c) of this title,
(ii) regulate the location, modification, and construction
of any facilities within such area which may result in any
discharge in such area, and
(iii) assure that any industrial or commercial wastes
discharged into any treatment works in such area meet
applicable pretreatment requirements;
(D) the identification of those agencies necessary to
construct, operate, and maintain all facilities required by the
plan and otherwise to carry out the plan;
(E) the identification of the measures necessary to carry
out the plan (including financing), the period of time necessary
to carry out the plan, the costs of carrying out the plan within
such time, and the economic, social, and environmental impact
of carrying out the plan within such time;
(F) a process to (i) identify, if appropriate, agriculturally
and silviculturally related nonpoint sources of pollution,
including runoff from manure disposal areas, and from land
used for livestock and crop production, and (ii) set forth
procedures and methods (including land use requirements) to
control to the extent feasible such sources;
(G) a process to (i) identify, if appropriate, mine-related
sources of pollution including new, current, and abandoned
surface and underground mine runoff, and (ii) set forth
procedures and methods (including land use requirements) to
control to the extent feasible such sources;
(H) a process to (i) identify construction activity related
sources of pollution, and (ii) set forth procedures and methods
(including land use requirements) to control to the extent
feasible such sources;
(I) a process to (i) identify, if appropriate, salt water
intrusion into rivers, lakes, and estuaries resulting from
reduction of fresh water flow from any cause, including
irrigation, obstruction, ground water extraction, and
diversion, and (ii) set forth procedures and methods to control
such intrusion to the extent feasible where such procedures
and methods are otherwise a part of the waste treatment
management plan;
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(J) a process to control the disposition of all residual waste
generated in such area which could affect water quality; and
(K) a process to control the disposal of pollutants on land or
in subsurface excavations within such area to protect ground
and surface water quality.
(3) Areawide waste treatment management plans shall be
certified annually by the Governor or his designee (or Governors
or their designees, where more than one State is involved) as
being consistent with applicable basin plans and such areawide
waste treatment management plans shall be submitted to the
Administrator for his approval.
(4) Whenever the Governor of any State determines (and
notifies the Administrator) that consistency with a statewide
regulatory program under section 1313 of this title so requires,
the requirements of clauses (F) through (K) of paragraph (2) of
this subsection shall be developed and submitted by the
Governor to the Administrator for application to all regions
within such State.
Regional operating agencies
(c) (1) The Governor of each State, in consultation with the
planning agency designated under subsection (a) of this section,
at the time a plan is submitted to the Administrator, shall
designate one or more waste treatment management agencies
(which may be an existing or newly created local, regional, or
State agency or political subdivision) for each area designated
under subsection (a) of this section and submit such designations
to the Administrator.
(2) The Administrator shall accept any such designation,
unless, within 120 days of such designation, he finds that the
designated management agency (or agencies) does not have
adequate authority—
(A) to carry out appropriate portions of an areawide waste
treatment management plan developed under subsection (b) of
this section;
(B) to manage effectively waste treatment works and
related facilities serving such area in conformance with any
plan required by subsection (b) of this section;
(C) directly or by contract, to design and construct new
works, and to operate and maintain new and existing works as
required by any plan developed pursuant to subsection (b) of
this section;
(D) to accept and utilize grants, or other funds from any
source, for waste treatment management purposes;
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(E) to raise revenues, including the assessment of waste
treatment charges;
(F) to incur short- and long-term indebtedness;
(G) to assure in implementation of an areawide waste
treatment management plan that each participating
community pays its proportionate share of treatment costs;
(H) to refuse to receive any wastes from any municipality
or subdivision thereof, which does not comply with any
provisions of an approved plan under this section applicable to
such area; and
(I) to accept for treatment industrial wastes.
Conformity of works with area plan
(d) After a waste treatment management agency having the
authority required by subsection (c) of this section has been
designated under such subsection for an area and a plan for such
area has been approved under subsection (b) of this section, the
Administrator shall not make any grant for construction of a
publicly owned treatment works under section 1281(g) (1) of this
title within such area except to such designated agency and for
works in conformity with such plan.
Permits not to conflict with approved plans
(e) No permit under section 1342 of this title shall be issued
for any point source which is in conflict with a plan approved
pursuant to subsection (b) of this section.
Grants
(f) (1) The Administrator shall make grants to any agency
designated under subsection (a) of this section for payment of the
reasonable costs of developing and operating a continuing
areawide waste treatment management planning process under
subsection (b) of this section.
(2) The amount granted to any agency under paragraph (1) of
this subsection shall be 100 percentum of the costs of developing
and operating a continuing areawide waste treatment
management planning process under subsection (b) of this
section for each of the fiscal years ending on June 30,1973, June
30,1974, and June 30,1975, and shall not exceed 75 percentum of
such costs in each succeeding fiscal year.
(3) Each applicant for a grant under this subsection shall
submit to the Administrator for his approval each proposal for
which a grant is applied for under this subsection. The
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Administrator shall act upon such proposal as soon as
practicable after it has been submitted, and his approval of that
proposal shall be deemed a contractual obligation of the United
States for the payment of its contribution to such proposal.
There is authorized to be appropriated to carry out this
subsection not to exceed $50,000,000 for the fiscal year ending
June 30, 1973, not to exceed $100,000,000 for the fiscal year _
ending June 30,1974, and not to exceed $150,000,000 for the fiscal •
year ending June 30, 1975.
Technical assistance by Administrator
(g) The Administrator is authorized, upon request of the
Governor or the designated planning agency, and without
reimbursement, to consult with, and provide technical
assistance to, any agency designated under subsection (a) of this
section in the development of areawide waste treatment
management plans under subsection (b) of this section.
Technical assistance by Secretary of the Army
(h) (1) The Secretary of the Army, acting through the Chief
of Engineers, in cooperation with the Administrator is
authorized and directed, upon request of the Governor or the
designated planning organization, to consult with, and provide
technical assistance to, any agency designated under subsection
(a) of this section in developing and operating a continuing
areawide waste treatment management planning process under
subsection (b) of this section.
(2) There is authorized to be appropriated to the Secretary of
the Army, to carry out this subsection, not to exceed $50,000,000
per fiscal year for the fiscal years ending June 30,1973, and June
30, 1974. •
June 30,1948, c. 758, Title II, § 208, as added Oct. 18, 1972, Pub.L. •
92-500, § 2, 86 Stat. 839.
§ 1289. Basin planning H
(a) The President, acting through the Water Resources
Council, shall, as soon as practicable, prepare a Level B plan M
under the Water Resources Planning Act for all basins in the H
United States. All such plans shall be completed not later than
January 1, 1980, except that priority in the preparation of such
plans shall be given to those basins and portions thereof which
are within those areas designated under paragraphs (2), (3), and
(4) of subsection (a) of section 1288 of this title.
(b) The President, acting through the Water Resources |B
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Council, shall report annually to Congress on progress being
made in carrying out this section. The first such report shall be
submitted not later than January 31, 1973.
(c) There is authorized to be appropriated to carry out this
section not to exceed $200,000,000.
June 30,1948, c. 758, Title II, § 209, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 843.
§ 1290. Annual survey
The Administrator shall annually make a survey to determine
the efficiency of the operation and maintenance of treatment
works constructed with grants made under this chapter, as
compared to the efficiency planned at the time the grant was
made. The results of such annual survey shall be included in the
report required under section 1375(a) of this title.
June 30,1948, c. 758, Title II § 210, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 843.
§ 1291. Sewage collection systems
No grant shall be made for a sewage collection system under
this subchapter unless such grant (1) is for replacement or major
rehabilitation of an existing collection system and is necessary
to the total integrity and performance of the waste treatment
works servicing such community, or (2) is for a new collection
system in an existing community with sufficient existing or
planned capacity adequately to treat such collected sewage and
is consistent with section 1281 of this title.
June 30,1948, c. 758, Title II, § 211, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 843.
§ 1292. Definitions
As used in this subchapter—
(1) The term "construction" means any one or more of the
following: preliminary planning to determine the feasibility of
treatment works, engineering, architectural, legal, fiscal, or
economic investigations or studies, surveys, designs, plans,
working drawings, specifications, procedures, or other necessary
actions, erection, building, acquisition, alteration, remodeling,
improvement, or extension of treatment works, or the inspection
or supervision of any of the foregoing items.
(2) (A) The term "treatment works" means any devices and
systems used in the storage, treatment, recycling, and
reclamation of municipal sewage or industrial wastes of a liquid
nature to implement section 1281 of this title, or necessary to
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recycle or reuse water at the most economical cost over the
estimated life of the works, including intercepting sewers,
outfall sewers, sewage collection systems, pumping, power, and
other equipment, and their appurtenances; extensions,
improvements, remodeling, additions, and alterations thereof;
elements essential to provide a reliable recycled supply such as
standby treatment units and clear well facilities; and any works,
including site acquisition of the land that will be an integral part
of the treatment process or is used for ultimate disposal of
residues resulting from such treatment.
(B) In addition to the definition contained in subparagraph •
(A) of this paragraph, "treatment works" means any other Hi
method or system for preventing, abating, reducing, storing,
treating, separating, or disposing of municipal waste, including ••
storm water runoff, or industrial waste, including waste in lj|
combined storm water and sanitary sewer systems. Any
application for construction grants which includes wholly or in
part such methods or systems shall, in accordance with
guidelines published by the Administrator pursuant to
subparagraph (C) of this paragraph, contain adequate data and
analysis demonstrating such proposal to be, over the life of such
works, the most cost efficient alternative to comply with sections
1311 or 1312 of this title, or the requirements of section 1281 of
this title.
(C) For the purposes of subparagraph (B) of this paragraph,
the Administrator shall, within one hundred and eighty days
after October 18,1972, publish and thereafter revise no less often
than annually, guidelines for the evaluation of methods,
including cost-effective analysis, described in subparagraph (B)
of this paragraph.
(3) The term "replacement" as used in this subchapter means
those expenditures for obtaining and installing equipment,
accessories, or appurtenances during the useful life of the
treatment works necessary to maintain the capacity and
performance for which such works are designed and constructed.
June 30,1948, c. 758, Title II, § 212, as added Oct. 18, 1972, Pub.L.
92-500, § 2, 86 Stat. 844.
SUBCHAPTER III—STANDARDS AND ENFORCEMENT
§ 1311. Effluent limitations—Illegality of pollutant discharges
except in compliance with law
(a) Except as in compliance with this section and sections
1312,1316,1317,1328,1342, and 1344 of this title, the discharge of
any pollutant by any person shall be unlawful. H
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Timetable for achievement of objectives
(b) In order to carry out the objective of this chapter there
shall be achieved—
(1) (A) not later than July 1,1977, effluent limitations for
point sources, other than publicly owned treatment works, (i)
which shall require the application of the best practicable
control technology currently available as defined by the
Administrator pursuant to section 1314(b) of this title, or (ii) in
the case of a discharge into a publicly owned treatment works
which meets the requirements of subparagraph (B) of this
paragraph, which shall require compliance with any
applicable pretreatment requirements and any requirements
under section 1317 of this title; and
(B) for publicly owned treatment works in existence on July
1,1977, or approved pursuant to section 1283 of this title prior
to June 30, 1974 (for which construction must be completed
within four years of approval), effluent limitations based upon
secondary treatment as defined by the Administrator
pursuant to section 1314 (d) (1) of this title; or,
(C) not later than July 1, 1977, any more stringent
limitation, including those necessary to meet water quality
standards, treatment standards, or schedules of compliance,
established pursuant to any State law or regulations (under
authority preserved by section 1370 of this title) or any other
Federal law or regulation, or required to implement any
applicable water quality standard established pursuant to this
chapter.
(2) (A) not later than July 1, 1983, effluent limitations for
categories and classes of point sources, other than publicly
owned treatment works, which (i) shall require application of
the best available technology economically achievable for such
category or class, which will result in reasonable further
progress toward the national goal of eliminating the discharge
of all pollutants, as determined in accordance with regulations
issued by the Administrator pursuant to section 1314(b) (2) of
this title, which such effluent limitations shall require the
elimination of discharges of all pollutants if the Administrator
finds, on the basis of information available to him (including
information developed pursuant to section 1325 of this title),
that such elimination is technologically and economically
achievable for a category or class of point sources as
determined in accordance with regulations issued by the
Administrator pursuant to section 1314(b) (2) of this title, or (ii)
in the case of the introduction of a pollutant into a publicly
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owned treatment works which meets the requirements of
subparagraph (B) of this paragraph, shall require compliance
with any applicable pretreatment requirements and any other
requirement under section 1317 of this title; and
(B) not later than July 1, 1983, compliance by all publicly
owned treatment works with the requirements set forth in
section 1281 (g)(2) (A) of this title. M
Modification of timetable ^^
(c) The Administrator may modify the requirements of ^m
subsection (b) (2) (A) of this section with respect to any point •
source for which a permit application is filed after July 1, 1977,
upon a showing by the owner or operator of such point source
satisfactory to the Administrator that such modified
requirements (1) will represent the maximum use of technology
within the economic capability of the owner or operator; and (2)
will result in reasonable further progress toward the elimination
of the discharge of pollutants.
Review and revision of effluent limitations
(d) Any effluent limitation required by paragraph (2) of
subsection (b) of this section shall be reviewed at least every five
years and, if appropriate, revised pursuant to the procedure
established under such paragraph.
All point discharge source application of effluent limitations
(e) Effluent limitations established pursuant to this section
or section 1312 of this title shall be applied to all point sources of
discharge of pollutants in accordance with the provisions of this
chapter.
Illegality of discharge of radiological, chemical, or biological warfare agents or
high-level radioactive waste
(f) Notwithstanding any other provisions of this chapter it
shall be unlawful to discharge any radiological, chemical, or
biological warfare agent or high-level radioactive waste into the
navigable waters.
June 30,1948, c. 758, Title III, § 301, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 844.
§ 1312. Water quality related effluent limitations •
(a) Whenever, in the judgment of the Administrator,
discharges of pollutants from a point source or group of point •
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sources, with the application of effluent limitations required
under section 1311(b) (2) of this title, would interfere with the
attainment or maintenance of that water quality in a specific
portion of the navigable waters which shall assure protection of
public water supplies, agricultural and industrial uses, and the
protection and propagation of a balanced population of shellfish,
fish and wildlife, and allow recreational activities in and* on the
water, effluent limitations (including alternative effluent
control strategies) for such point source or sources shall be
established which can reasonably be expected to contribute to
the attainment or maintenance of such water quality.
(b) (1) Prior to establishment of any effluent limitation
pursuant to subsection (a) of this section, the Administrator
shall issue notice of intent to establish such limitation and
within ninety days of such notice hold a public hearing to
determine the relationship of the economic and social costs of
achieving any such limitation or limitations, including any
economic or social dislocation in the affected community or
communities, to the social and economic benefits to be obtained
(including the attainment of the objective of this chapter) and to
determine whether or not such effluent limitations can be
implemented with available technology or other alternative
control strategies.
(2) If a person affected by such limitation demonstrates at
such hearing that (whether or not such technology or other
alternative control strategies are available) there is no
reasonable relationship between the economic and social costs
and the benefits to be obtained (including attainment of the
objective of this chapter), such limitation shall not become
effective and the Administrator shall adjust such limitation as it
applies to such person.
(c) The establishment of effluent limitations under this
section shall not operate to delay the application of any effluent
limitation established under section 1311 of this title.
June 30,1948, c. 758, Title III § 302, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 846.
§ 1313. Water quality standards and implementation
plans—Existing water quality standards
(a) (1) In order to carry out the purpose of this chapter, any
water quality standard applicable to interstate waters which
was adopted by any State and submitted to, and approved by, or
is awaiting approval by, the Administrator pursuant to this Act
as in effect immediately prior to the date of enactment of the
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Federal Water Pollution Control Act Amendments of 1972, shall H
remain in effect unless the Administrator determines that such ™
standard is not consistent with the applicable requirements of
this Act as in effect immediately prior to the date of enactment of
the Federal Water Pollution Control Act Amendments of 1972. If
the Administrator makes such a determination he shall, within
three months after October 18,1972, notify the State and specify
the changes needed to meet such requirements. If such changes
are not adopted by the State within ninety days after the date of
such notification, the Administrator shall promulgate such
changes in accordance with subsection (b) of this section.
(2) Any State which, before October 18, 1972, has adopted,
pursuant to its own law, water quality standards applicable to
intrastate waters shall submit such standards to the
Administrator within thirty days after October 18, 1972. Each
such standard shall remain in effect, in the same manner and to
the same extent as any other water quality standard established
under this chapter unless the Administrator determines that
such standard is inconsistent with the applicable requirements
of this Act as in effect immediately prior to the date of enactment
of the Federal Water Pollution Control Act Amendments of 1972.
If the Administrator makes such a determination he shall not
later than the one hundred and twentieth day after the date of
submission of such standards, notify the State and specify the
changes needed to meet such requirements. If such changes are
not adopted by the State within ninety days after such
notification, the Administrator shall promulgate such changes
in accordance with subsection (b) of this section.
(3) (A) Any State which prior to October 18, 1972, has not
adopted pursuant to its own laws water quality standards
applicable to intrastate waters shall, not later than one hundred
and eighty days after October 18, 1972, adopt and submit such
standards to the Administrator.
(B) If the Administrator determines that any such standards
are consistent with the applicable requirements of this Act as in
effect immediately prior to the date of enactment of the Federal
Water Pollution Control Act Amendments of 1972, he shall ^_
approve such standards. •
(C) If the Administrator determines that any such standards ™
are not consistent with the applicable requirements of this Act
as in effect immediately prior to the date of enactment of the •
Federal Water Pollution Control Act Amendments of 1972, he H
shall, not later than the ninetieth day after the date of
submission of such standards, notify the State and specify the ••
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changes to meet such requirements. If such changes are not
adopted by the State within ninety days after the date of
notification, the Administrator shall promulgate such standards
pursuant to subsection (b) of this section.
Proposed regulations
(b) (1) The Administrator shall promptly prepare and
publish proposed regulations setting forth water quality
standards for a State in accordance with the applicable
requirements of this Act as in effect immediately prior to the
date of enactment of the Federal Water Pollution Control Act
Amendments of 1972, if—
(A) the State fails to submit water quality standards within
the times prescribed in subsection (a) of this section.
(B) a water quality standard submitted by such State
under subsection (a) of this section is determined by the
Administrator not to be consistent with the applicable
requirements of subsection (a) of this section.
(2) The Administrator shall promulgate any water quality
standard published in a proposed regulation not later than one
hundred and ninety days after the date he publishes any such
proposed standard, unless prior to such promulgation, such
State has adopted a water quality standard which the
Administrator determines to be in accordance with subsection
(a) of this section.
Review; revised standards; publication
(c) (1) The Governor of a State or the State water pollution
control agency of such State shall from time to time (but at least
once each three year period beginning with October 18, 1972)
hold public hearings for the purpose of reviewing applicable
water quality standards and, as appropriate, modifying and
adopting standards. Results of such review shall be made
available to the Administrator.
(2) Whenever the State revises or adopts a new standard,
such revised or new standard shall be submitted to the
Administrator. Such revised or new water quality standard shall
consist of the designated uses of the navigable waters involved
and the water quality criteria for such waters based upon such
uses. Such standards shall be such as to protect the public health
or welfare, enhance the quality of water and serve the purposes
of this chapter. Such standards shall be established taking into
consideration their use and value for public water supplies,
propagation of fish and wildlife, recreational purposes, and
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agricultural, industrial, and other purposes, and also taking into H
consideration their use and value for navigation.
(3) If the Administrator, within sixty days after the date of
submission of the revised or new standard, determines that such •
standard meets the requirements of this chapter, such standard •
shall thereafter be the water quality standard for the applicable
waters of that State. If the Administrator determines that any
such revised or new standard is not consistent with the
applicable requirements of this chapter, he shall not later than
the ninetieth day after the date of submission of such standard
notify the State and specify the changes to meet such
requirements. If such changes are not adopted by the State
within ninety days after the date of notification, the
Administrator shall promulgate such standard pursuant to
paragraph (4) of this subsection.
(4) The Administrator shall promptly prepare and publish
proposed regulations setting forth a revised or new water
quality standard for the navigable waters involved—
(A) if a revised or new water quality standard submitted by
such State under paragraph (3) of this subsection for such
waters is determined by the Administrator not to be consistent
with the applicable requirements of this chapter, or
(B) in any case where the Administrator determines that a
revised or new standard is necessary to meet the requirements
of this chapter.
The Administrator shall promulgate any revised or new
standard under this paragraph not later than ninety days after
he publishes such proposed standards, unless prior to such
promulgation, such State has adopted a revised or new water
quality standard which the Administrator determines to be in
accordance with this chapter.
Identification of areas with insufficient controls; maximum daily load
(d) (1) (A) Each State shall identify those waters within its H
boundaries for which the effluent limitations required by section H
1311(b) (1) (A) of this title and section 1311(b) (1) (B) of this title
are not stringent enough to implement any water quality H
standard applicable to such waters. The State shall establish a H
priority ranking for such waters, taking into account the
severity of the pollution and the uses to be made of such waters. ^_
(B) Each State shall identify those waters or parts thereof •
within its boundaries for which controls on thermal discharges ™
under section 1311 of this title are not stringent enough to assure
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protection and propagation of a balanced indigenous population
of shellfish, fish, and wildlife.
(C) Each State shall establish for the waters identified in
paragraph (1) (A) of this subsection, and in accordance with the
priority ranking, the total maximum daily load, for those
pollutants which the Administrator identifies under section
1314(a) (2) of this title as suitable for such calculation. Such load
shall be established at a level necessary to implement the
applicable water quality standards with seasonal variations and
a margin of safety which takes into account any lack of
knowledge concerning the relationship between effluent
limitations and water quality.
(D) Each State shall estimate for the waters identified in
paragraph (1) (B) of this subsection the total maximum daily
thermal load required to assure protection and propagation of a
balanced, indigenous population of shellfish, fish and wildlife.
Such estimates shall take into account the normal water
temperatures, flow rates, seasonal variations, existing sources
of heat input, and the dissipative capacity of the identified
waters or parts thereof. Such estimates shall include a
calculation of the maximum heat input that can be made into
each such part and shall include a margin of safety which takes
into account any lack of knowledge concerning the development
of thermal water quality criteria for such protection and
propagation in the identified waters or parts thereof.
(2) Each State shall submit to the Administrator from time to
time, with the first such submission not later than one hundred
and eighty days after the date of publication of the first
identification of pollutants under section 1314(a) (2) (D) of this
title, for his approval the waters identified and the loads
established under paragraphs (1) (A), (1) (B), (1) (C), and (1) (D) of
this subsection. The Administrator shall either approve or
disapprove such identification and load not later than thirty
days after the date of submission. If the Administrator approves
such identification and load, such State shall incorporate them
into its current plan under subsection (e) of this section. If the
Administrator disapproves such identification and load, he shall
not later than thirty days after the date of such disapproval
identify such waters in such State and establish such loads for
such waters as he determines necessary to implement the water
quality standards applicable to such waters and upon such
identification and establishment the State shall incorporate
them into its current plan under subsection (e) of this section.
(3) For the specific purpose of developing information, each
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State shall identify all waters within its boundaries which it has H
not identified under paragraph (1) (A) and (1) (B) of this
subsection and estimate for such waters the total maximum
daily load with seasonal variations and margins of safety, for
those pollutants which the Administrator identifies under
section 1314(a) (2) of this title as suitable for such calculation and
for thermal discharges, at a level that would assure protection
and propagation of a balanced indigenous population of fish,
shellfish and wildlife.
Continuing planning process
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(e) (1) Each State shall have a continuing planning process
approved under paragraph (2) of this subsection which is
consistent with this chapter.
(2) Each State shall submit not later than 120 days after
October 18, 1972, to the Administrator for his approval a
proposed continuing planning process which is consistent with
this chapter. Not later than thirty days after the date of
submission of such a process the Administrator shall either
approve or disapprove such process. The Administrator shall
from time to time review each State's approved planning process
for the purpose of insuring that such planning process is at all
times consistent with this chapter. The Administrator shall not
approve any State permit program under subchapter IV of this
chapter for any State which does not have an approved
continuing planning process under this section.
(3) The Administrator shall approve any continuing planning
process submitted to him under this section which will result in
plans for all navigable waters within such State, which include,
but are not limited to, the following:
(A) effluent limitations and schedules of compliance at
least as stringent as those required by section 1311(b) (1),
section 1311(b) (2), section 1316, and section 1317 of this title,
and at least as stringent as any requirements contained in any
applicable water quality standard in effect under authority of
this section;
(B) the incorporation of all elements of any applicable
areawide waste management plans under section 1288 of this
title, and applicable basin plans under section 1289 of this title;
(C) total maximum daily load for pollutants in accordance
with subsection (d) of this section;
(D) procedures for revision;
(E) adequate authority for intergovernmental
cooperation; H
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(F) adequate implementation, including schedules of
compliance, for revised or new water quality standards, under
subsection (c) of this section;
(G) controls over the disposition of all residual waste from
any water treatment processing;
(H) an inventory and ranking, in order of priority, of needs
for construction of waste treatment works required to meet
the applicable requirements of sections 1311 and 1312 of this
title.
Earlier compliance
(f) Nothing in this section shall be construed to affect any
effluent limitation, or schedule of compliance required by any
State to be implemented prior to the dates set forth in sections
1311(b) (1) and 1311(b) (2) of this title nor to preclude any State
from requiring compliance with any effluent limitation or
schedule of compliance at dates earlier than such dates.
Heat standards
(g) Water quality standards relating to heat shall be
consistent with the requirements of section 1326 of this title.
Thermal water quality standards
(h) For the purposes of this chapter the term "water quality
standards" includes thermal water quality standards.
June 30,1948, c. 758, Title III, § 303, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 846.
§ 1314. Information and guidelines—Criteria development and
publication
(a) (1) The Administrator, after consultation with
appropriate Federal and State agencies and other interested
persons, shall develop and publish, within one year after October
18, 1972 (and from time to time thereafter revise) criteria for
water quality accurately reflecting the latest scientific
knowledge (A) on the kind and extent of all identifiable effects on
health and welfare including, but not limited to, plankton, fish,
shellfish, wildlife, plant life, shorelines, beaches, esthetics, and
recreation which may be expected from the presence of
pollutants in any body of water, including ground water; (B) on
the concentration and dispersal of pollutants, or their
byproducts, through biological, physical, and chemical
processes; and (C) on the effects of pollutants on biological
community diversity, productivity, and stability, including
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information on the factors affecting rates of eutrophication and H
rates of organic and inorganic sedimentation for varying types of
receiving waters.
(2) The Administrator, after consultation with appropriate
Federal and State agencies and other interested persons, shall
develop and publish, within one year after October 18, 1972 (and
from time to time thereafter revise) information (A) on the
factors necessary to restore and maintain the chemical, physical,
and biological integrity of all navigable waters, ground waters,
waters of the contiguous zone, and the oceans; (B) on the factors
necessary for the protection and propagation of shellfish, fish,
and wildlife for classes and categories of receiving waters and to
allow recreational activities in and on the water; and (C) on the
measurement and classification of water quality; and (D) for the
purpose of section 1313 of this title, on and the identification of
pollutants suitable for maximum daily load measurement
correlated with the achievement of water quality objectives.
(3) Such criteria and information and revisions thereof shall
be issued to the States and shall be published in the Federal
Register and otherwise made available to the public.
Effluent limitation guidelines IB
(b) For the purpose of adopting or revising effluent
limitations under this chapter the Administrator shall, after H
consultation with appropriate Federal and State agencies and ••
other interested persons, publish within one year of October 18,
1972, regulations, providing guidelines for effluent limitations
and, at least annually thereafter, revise, if appropriate, such
regulations. Such regulations shall—
(1) (A) identify, in terms of amounts of constituents and
chemical, physical, and biological characteristics of pollutants,
the degree of effluent reduction attainable through the
application of the best practicable control technology
currently available for classes and categories of point sources
(other than publicly owned treatment works); and
(B) specify factors to be taken into account in determining
the control measures and practices to be applicable to point
sources (other than publicly owned treatment works) within
such categories or classes. Factors relating to the assessment
of best practicable control technology currently available to _
comply with subsection (b) (1) of section 1311 of this title shall •
include consideration of the total cost of application of
technology in relation to the effluent reduction benefits to be
achieved from such application, and shall also take into Hj
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account the age of equipment and facilities involved, the
process employed, the engineering aspects of the application of
various types of control techniques, process changes,
non-water quality environmental impact (including energy
requirements), and such other factors as the Administrator
deems appropriate;
(2) (A) identify, in terms of amounts of constituents and
chemical, physical, and biological characteristics of pollutants,
the degree of effluent reduction attainable through the
application of the best control measures and practices
achievable including treatment techniques, process and
procedure innovations, operating methods, and other
alternatives for classes and categories of point sources (other
than publicly owned treatment works); and
(B) specify factors to be taken into account in determining
the best measures and practices available to comply with
subsection (b) (2) of section 1311 of this title to be applicable to
any point source (other than publicly owned treatment works)
within such categories or classes. Factors relating to the
assessment of best available technology shall take into
account the age of equipment and facilities involved, the
process employed, the engineering aspects of the application of
various types of control techniques, process changes, the cost
of achieving such effluent reduction, non-water quality
environmental impact (including energy requirements), and
such other factors as the Administrator deems appropriate;
and
(3) identify control measures and practices available to
eliminate the discharge of pollutants from categories and
classes of point sources, taking into account the cost of
achieving such elimination of the discharge of pollutants.
Pollution discharge elimination procedures
(c) The Administrator, after consultation with appropriate
Federal and State agencies and other interested persons, shall
issue to the States and appropriate water pollution control
agencies within 270 days after October 18,1972 (and from time to
time thereafter) information on the processes, procedures, or
operating methods which result in the elimination or reduction
of the discharge of pollutants to implement standards of
performance under section 1316 of this title. Such information
shall include technical and other data, including costs, as are
available on alternative methods of elimination or reduction of
the discharge of pollutants. Such information, and revisions
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Secondary treatment information; alternative waste treatment management
techniques and systems
Identification and evaluation of nonpoint sources of pollution; processes,
procedures, and methods to control pollution
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thereof, shall be published in the Federal Register and otherwise H
shall be made available to the public.
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(d) (1) The Administrator, after consultation with
appropriate Federal and State agencies and other interested
persons, shall publish within sixty days after October 18, 1972
(and from time to time thereafter) information, in terms of
amounts of constituents and chemical, physical, and biological
characteristics of pollutants, on the degree of effluent reduction
attainable through the application of secondary treatment.
(2) The Administrator, after consultation with appropriate
Federal and State agencies and other interested persons, shall H
publish within nine months after October 18,1972 (and from time ™
to time thereafter) information on alternative waste treatment
management techniques and systems available to implement •
section 1281 of this title. H
(e) The Administrator, after consultation with appropriate
Federal and State agencies and other interested persons, shall
issue to appropriate Federal agencies, the States, water
pollution control agencies, and agencies designated under
section 1288 of this title, within one year after October 18, 1972
(and from time to time thereafter) information including (1)
guidelines for identifying and evaluating the nature and extent
of nonpoint sources of pollutants, and (2) processes, procedures,
and methods to control pollution resulting from—
(A) agricultural and silvicultural activities, including
runoff from fields and crop and forest lands;
(B) mining activities, including runoff and siltation from
new, currently operating, and abandoned surface and
underground mines;
(C) all construction activity, including runoff from the
facilities resulting from such construction; •
(D) the disposal of pollutants in wells or in subsurface |
excavations;
(E) salt water intrusion resulting from reductions of fresh H
water flow from any cause including extraction of ground H
water, irrigation, obstruction, and diversion; and
(F) changes in the movement, flow, or circulation of any
navigable waters or ground waters, including changes caused H
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by the construction of dams, levees, channels, causeways, or
flow diversion facilities.
Such information and revisions thereof shall be published in the
Federal Register and otherwise made available to the public.
Guidelines for pretreatment of pollutants
(f) (1) For the purpose of assisting States in carrying out
programs under section 1342 of this title, the Administrator shall
publish, within one hundred and twenty days after October 18,
1972, and review at least annually thereafter and, if appropriate,
revise guidelines for pretreatment of pollutants which he
determines are not susceptible to treatment by publicly owned
treatment works. Guidelines under this subsection shall be
established to control and prevent the discharge into the
navigable waters, the contiguous zone, or the ocean (either
directly or through publicly owned treatment works) of any
pollutant which interferes with, passes through, or otherwise is
incompatible with such works.
(2) When publishing guidelines under this subsection, the
Administrator shall designate the category or categories of
treatment works to which the guidelines shall apply.
Test procedure guidelines
(g) The Administrator shall, within one hundred and eighty
days from October 18, 1972, promulgate guidelines establishing
test procedures for the analysis of pollutants that shall include
the factors which must be provided in any certification pursuant
to section 1341 of this title or permit application pursuant to
section 1342 of this title.
Guidelines for monitoring, reporting, enforcement, funding, personnel, and
manpower
(h) The Administrator shall (1) within sixty days after
October 18, 1972, promulgate guidelines for the purpose of
establishing uniform application forms and other minimum
requirements for the acquisition of information from owners and
operators of point sources of discharge subject to any State
program under section 1342 of this title, and (2) within sixty days
from October 18, 1972, promulgate guidelines establishing the
minimum procedural and other elements of any State program
under section 1342 of this title which shall include:
(A) monitoring requirements;
(B) reporting requirements (including procedures to make
information available to the public);
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(C) enforcement provisions; and H
(D) funding, personnel qualifications, and manpower
requirements (including a requirement that no board or body
which approves permit applications or portions therof shall H
include, as a member, any person who receives, or has during Hi
the previous two years received, a significant portion of his
income directly or indirectly from permit holders or applicants
for a permit).
Restoration and enhancement of publicly owned fresh water lakes
(i) The Administrator shall, within 270 days after October 18,
1972 (and from time to time thereafter), issue such information
on methods, procedures, and processes as may be appropriate to
restore and enhance the quality of the Nation's publicly owned
fresh water lakes.
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Agreements with Secretaries of Agriculture, Army, and Interior to provide
maximum utilization of programs to achieve and maintain water quality; transfer of
funds; authorization of appropriations
(j) (1) The Administrator shall, within six months from mm
October 18, 1972, enter into agreements with the Secretary of •
Agriculture, the Secretary of the Army, and the Secretary of the
Interior to provide for the maximum utilization of the
appropriate programs authorized under other Federal law to be
carried out by such Secretaries for the purpose of achieving and
maintaining water quality through appropriate implementation
of plans approved under section 1288 of this title.
(2) The Administrator, pursuant to any agreement under
paragraph (1) of this subsection is authorized to transfer to the
Secretary of Agriculture, the Secretary of the Army, or the
Secretary of the Interior any funds appropriated under
paragraph (3) of this subsection to supplement any funds
otherwise appropriated to carry out appropriate programs
authorized to be carried out by such Secretaries.
(3) There is authorized to be appropriated to carry out the
provisions of this subsection, $100,000,000 per fiscal year for the
fiscal year ending June 30, 1973, and for the fiscal year ending
June 30, 1974.
June 30,1948, c. 758, Title III, § 304, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 850.
§ 1315. Water quality inventory; State reports; transmittal to
Congress
(a) The Administrator, in cooperation with the States and mm
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• with the assistance of appropriate Federal agencies, shall
prepare a report to be submitted to the Congress on or before
January 1, 1974, which shall—
1(1) describe the specific quality, during 1973, with
appropriate supplemental descriptions as shall be required to
take into account seasonal, tidal, and other variations, of all
• navigable waters and the waters of the contiguous zone;
(2) include an inventory of all point sources of discharge
(based on a qualitative and quantitative analysis of dis-
• charges) of pollutants, into all navigable waters and the waters
of the contiguous zone; and
(3) identify specifically those navigable waters, the quality
of which—
H (A) is adequate to provide for the protection and
• propagation of a balanced population of shellfish, fish, and
wildlife and allow recreational activities in and on the water;
|(B) can reasonably be expected to attain such level by
1977 or 1983; and
(C) can reasonably be expected to attain such level by any
•later date.
(b) (1) Each State shall prepare and submit to the
Administrator by January 1,1975, and shall bring up to date each
year thereafter, a report which shall include—
• (A) a description of the water quality of all navigable
waters in such State during the preceding year, with
appropriate supplemental descriptions as shall be required to
• take into account seasonal, tidal, and other variations,
correlated with the quality of water required by the objective
of this chapter (as identified by the Administrator pursuant to
criteria published under section 1314(a) of this title) and the
H water quality described in subparagraph (B) of this
™ paragraph;
(B) an analysis of the extent to which all navigable waters
• of such State provide for the protection and propagation of a
balanced population of shellfish, fish, and wildlife, and allow
recreational activities in and on the water;
|(C) an analysis of the extent to which the elimination of the
discharge of pollutants and a level of water quality which
provides for the protection and propagation of a balanced
population of shellfish, fish and wildlife and allows
• recreational activities in and on the water, have been or will be
achieved by the requirements of this chapter, together with
recommendations as to additional action necessary to achieve
• such objectives and for what waters such additional action is
necessary;
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(D) an estimate of (i) the environmental impact, (ii) the •
economic and social costs necessary to achieve the objective of
this chapter in such State, (hi) the economic and social benefits
of such achievement, and (iv) an estimate of the date of such
achievement; and
(E) a description of the nature and extent of nonpoint
sources of pollutants, and recommendations as to the
programs which must be undertaken to control each category
of such sources, including an estimate of the costs of
implementing such programs.
(2) The Administrator shall transmit such State reports,
together with an analysis thereof, to Congress on or before
October 1, 1975, and annually thereafter.
June 30,1948, c. 758, Title III, § 305, as added Oct. 18,1972, Pub.L. •
92-500, § 2, 86 Stat. 853. •
§ 1316. National standards of performance—Definitions ^_
(a) For purposes of this section: •
(1) The term "standard of performance" means a standard
for the control of the discharge of pollutants which reflects the
greatest degree of effluent reduction which the Administrator II
determines to be achievable through application of the best •
available demonstrated control technology, processes, operating
methods, or other alternatives, including, where practicable, a
standard permitting no discharge of pollutants.
(2) The term "new source" means any source, the
construction of which is commenced after the publication of
proposed regulations prescribing a standard of performance
under this section which will be applicable to such source, if such
standard is thereafter promulgated in accordance with this
section.
(3) The term "source" means any building, structure, facility,
or installation from which there is or may be the discharge of
pollutants.
(4) The term "owner or operator" means any person who
owns, leases, operates, controls, or supervises a source.
(5) The term "construction" means any placement, assembly,
or installation of facilities or equipment (including contractual
obligations to purchase such facilities or equipment) at the
premises where such equipment will be used, including
preparation work at such premises.
Categories of sources; Federal standards of performance for new sources
(b) (1) (A) The Administrator shall, within ninety days
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after October 18,1972, publish (and from time to time thereafter
shall revise) a list of categories of sources, which shall at the
minimum, include:
pulp and paper mills;
paperboard, builders paper and board mills;
meat product and rendering processing;
dairy product processing;
grain mills;
canned and preserved fruits and vegetables processing;
canned and preserved seafood processing;
sugar processing;
textile mills;
cement manufacturing;
feedlots;
electroplating;
organic chemicals manufacturing;
inorganic chemicals manufacturing;
plastic and synthetic materials manufacturing;
soap and detergent manufacturing;
fertilizer manufacturing;
petroleum refining;
iron and steel manufacturing;
nonferrous metals manufacturing;
phosphate manufacturing;
steam electric powerplants;
ferroalloy manufacturing;
leather tanning and finishing;
glass and asbestos manufacturing;
rubber processing; and
timber products processing.
(B) As soon as practicable, but in no case more than one year,
after a category of sources is included in a list under
subparagraph (A) of this paragraph, the Administrator shall
propose and publish regulations establishing Federal standards
of performance for new sources within such category. The
Administrator shall afford interested persons an opportunity for
written comment on such proposed regulations. After
considering such comments, he shall promulgate, within one
hundred and twenty days after publication of such proposed
regulations, such standards with such adjustments as he deems
• appropriate. The Administrator shall, from time to time, as
technology and alternatives change, revise such standards
following the procedure required by this subsection for
promulgation of such standards. Standards of performance, or
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revisions thereof, shall become effective upon promulgation. In
establishing or revising Federal standards of performance for
new sources under this section, the Administrator shall take into
consideration the cost of achieving such effluent reduction, and Hj
any non-water quality environmental impact and energy H
requirements.
(2) The Administrator may distinguish among classes, types, §•
and sizes within categories of new sources for the purpose of •
establishing such standards and shall consider the type of
process employed (including whether batch or continuous).
(3) The provisions of this section shall apply to any new
source owned or operated by the United States.
State enforcement of standards of performance
(c) Each State may develop and submit to the Administrator
a procedure under State law for applying and enforcing
standards of performance for new sources located in such State.
If the Administrator finds that the procedure and the law of any
State require the application and enforcement of standards of
performance to at least the same extent as required by this ••
section, such State is authorized to apply and enforce such H
standards of performance (except with respect to new sources
owned or operated by the United States).
Protection from more stringent standards BM
(d) Notwithstanding any other provision of this chapter, any
point source the construction of which is commenced after
October 18, 1972, and which is so constructed as to meet all
applicable standards of performance shall not be subject to any
more stringent standard of performance during a ten-year
period beginning on the date of completion of such construction
or during the period of depreciation or amortization of such
facility for the purposes of section 167 or 169 (or both) of Title 26, .
whichever period ends first. H
Illegality of operation of new sources in violation of
applicable standards of performance •§
(e) After the effective date of standards of performance MB
promulgated under this section, it shall be unlawful for any
owner or operator of any new source to operate such source in
violation of any standard of performance applicable to such
source.
June 30,1948, c. 758, Title III, § 306, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 854.
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§ 1317. Toxic and pretreatment effluent standards;
establishment; revision; illegality of source operation in violation
of standards
(a) (1) The Administrator shall, within ninety days after
October 18, 1972, publish (and from time to time thereafter
revise) a list which includes any toxic pollutant or combination of
such pollutants for which an effluent standard (which may
include a prohibition of the discharge of such pollutants or
combination of such pollutants) will be established under this
section. The Administrator in publishing such list shall take into
account the toxicity of the pollutant, its persistence,
degradability, the usual or potential presence of the affected
organisms in any waters, the importance of the affected
organisms and the nature and extent of the effect of the toxic
pollutant on such organisms.
(2) Within one hundred and eighty days after the date of
publication of any list, or revision thereof, containing toxic
pollutants or combination of pollutants under paragraph (1) of
this subsection, the Administrator, in accordance with section
553 of Title 5, shall publish a proposed effluent standard (or a
prohibition) for such pollutant or combination of pollutants
which shall take into account the toxicity of the pollutant, its
persistence, degradability, the usual or potential presence of the
affected organisms in any waters, the importance of the affected
organisms and the nature and extent of the effect of the toxic
pollutant on such organisms, and he shall publish a notice for a
public hearing on such proposed standard to be held within
thirty days. As soon as possible after such hearing, but not later
than six months after publication of the proposed effluent
standard (or prohibition), unless the Administrator finds, on the
record, that a modification of such proposed standard (or
prohibition) is justified based upon a preponderance of evidence
adduced at such hearings, such standard (or prohibition) shall be
promulgated.
(3) If after a public hearing the Administrator finds that a
modification of such proposed standard (or prohibition) is
justified, a revised effluent standard (or prohibition) for such
pollutant or combination of pollutants shall be promulgated
immediately. Such standard (or prohibition) shall be reviewed
and, if appropriate, revised at least every three years.
(4) Any effluent standard promulgated under this section
shall be at that level which the Administrator determines
provides an ample margin of safety.
(5) When proposing or promulgating any effluent standard
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(or prohibition) under this section, the Administrator shall
designate the category or categories of sources to which the
effluent standard (or prohibition) shall apply. Any disposal of
dredged material may be included in such a category of sources H
after consultation with the Secretary of the Army. ™
(6) Any effluent standard (or prohibition) established
pursuant to this section shall take effect on such date or dates as
specified in the order promulgating such standard, but in no case
more than one year from the date of such promulgation.
(7) Prior to publishing any regulations pursuant to this
section the Administrator shall, to the maximum extent
practicable within the time provided, consult with appropriate
advisory committees, States, independent experts, and Federal
departments and agencies.
(b) (1) The Administrator shall, within one hundred and
eighty days after October 18, 1972, and from time to time
thereafter, publish proposed regulations establishing
pretreatment standards for introduction of pollutants into
treatment works (as defined in section 1292 of this title) which
are publicly owned for those pollutants which are determined
not to be susceptible to treatment by such treatment works or
which would interfere with the operation of such treatment
works. Not later than ninety days after such publication, and
after opportunity for public hearing, the Administrator shall •
promulgate such pretreatment standards. Pretreatment H
standards under this subsection shall specify a time for
compliance not to exceed three years from the date of mm
promulgation and shall be established to prevent the discharge H
of any pollutant through treatment works (as defined in section
1292 of this title) which are publicly owned, which pollutant
interferes with, passes through, or otherwise is incompatible
with such works.
(2) The Administrator shall, from time to time, as control
technology, processes, operating methods, or other alternatives
change, revise such standards following the procedure
established by this subsection for promulgation of such
standards. mm
(3) When proposing or promulgating any pretreatment •
standard under this section, the Administrator shall designate
the category or categories of sources to which such standard
shall apply. •
(4) Nothing in this subsection shall affect any pretreatment •§
requirement established by any State or local law not in conflict
with any pretreatment standard established under this
subsection.
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(c) In order to insure that any source introducing pollutants
into a publicly owned treatment works, which source would be a
new source subject to section 1316 of this title if it were to
discharge pollutants, will not cause a violation of the effluent
limitations established for any such treatment works, the
Administrator shall promulgate pretreatment standards for the
category of such sources simultaneously with the promulgation
of standards of performance under section 1316 of this title for
the equivalent category of new sources. Such pretreatment
standards shall prevent the discharge of any pollutant into such
treatment works, which pollutant may interfere with, pass
through, or otherwise be incompatible with such works.
(d) After the effective date of any effluent standard or
prohibition or pretreatment standard promulgated under this
section, it shall be unlawful for any owner or operator of any
source to operate any source in violation of any such effluent
standard or prohibition or pretreatment standard.
June 30,1948, c. 758, Title III, § 307, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 856.
§ 1318. Inspections, monitoring, and entry
(a) Whenever required to carry out the objective of this
chapter, including but not limited to (1) developing or assisting in
the development of any effluent limitation, or other limitation,
prohibition, or effluent standard, pretreatment standard, or
standard of performance under this chapter; (2) determining
whether any person is in violation of any such effluent
limitation, or other limitation, prohibition or effluent standard,
pretreatment standard, or standard of performance; (3) any
requirement established under this section; or (4) carrying out
sections 1315, 1321, 1342, and 1364 of this title—
(A) the Administrator shall require the owner or operator
of any point source to (i) establish and maintain such records,
(ii) make such reports, (iii) install, use, and maintain such
monitoring equipment or methods (including where
appropriate, biological monitoring methods), (iv) sample such
effluents (in accordance with such methods, at such locations,
at such intervals, and in such manner as the Administrator
shall prescribe), and (v) provide such other information as he
may reasonably require; and
(B) the Administrator or his authorized representative,
upon presentation of his credentials—
(i) shall have a right of entry to, upon, or through any
premises in which an effluent source is located or in which
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any records required to be maintained under clause (A) of
this subsection are located, and
(ii) may at reasonable times have access to and copy any
records, inspect any monitoring equipment or method
required under clause (A), and sample any effluents which
the owner or operator of such source is required to sample
under such clause.
(b) Any records, reports, or information obtained under this
section (1) shall, in the case of effluent data, be related to any
applicable effluent limitations, toxic, pretreatment, or new
source performance standards, and (2) shall be available to the
public, except that upon a showing satisfactory to the
Administrator by any person that records, reports, or
information, or particular part thereof (other than effluent
data), to which the Administrator has access under this section,
if made public would divulge methods or processes entitled to
protection as trade secrets of such person, the Administrator _
shall consider such record, report, or information, or particular •
portion thereof confidential in accordance with the purposes of
section 1905 of Title 18, except that such record, report, or
information may be disclosed to other officers, employees, or H|
authorized representatives of the United States concerned with •
carrying out this chapter or when relevant in any proceeding
under this chapter.
(c) Each State may develop and submit to the Administrator
procedures under the State law for inspection, monitoring, and
entry with respect to point sources located in such State. If the
Administrator finds that the procedures and the law of any State
relating to inspection, monitoring, and entry are applicable to at
least the same extent as those required by this section, such
State is authorized to apply and enforce its procedures for
inspection, monitoring, and entry with respect to point sources
located in such State (except with respect to point sources owned
or operated by the United States).
June 30,1948, c. 758, Title III, § 308, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 858.
§ 1319. Enforcement—State enforcement; compliance orders
(a) (1) Whenever, on the basis of any information available
to him, the Administrator finds that any person is in violation of
any condition or limitation which implements section 1311,1312, •
1316,1317, or 1318 of this title in a permit issued by a State under H
an approved permit program under section 1342 of this title, he
shall proceed under his authority in paragraph (3) of this
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subsection or he shall notify the person in alleged violation and
such State of such finding. If beyond the thirtieth day after the
Administrator's notification the State has not commenced
appropriate enforcement action, the Administrator shall issue
an order requiring such person to comply with such condition or
limitation or shall bring a civil action in accordance with
subsection (b) of this section.
(2) Whenever, on the basis of information available to him,
the Administrator finds that violations of permit conditions or
limitations as set forth in paragraph (1) of this subsection are so
widespread that such violations appear to result from a failure of
the State to enforce such permit conditions or limitations
effectively, he shall so notify the State. If the Administrator
finds such failure extends beyond the thirtieth day after such
notice, he shall give public notice of such finding. During the
period beginning with such public notice and ending when such
State satisfies the Administrator that it will enforce such
conditions and limitations (hereafter referred to in this section
as the period of "federally assumed enforcement"), the
Administrator shall enforce any permit condition or limitation
with respect to any person—
(A) by issuing an order to comply with such condition or
limitation, or
(B) by bringing a civil action under subsection (b) of this
section.
(3) Whenever on the basis of any information available to him
the Administrator finds that any person is in violation of section
1311,1312,1316,1317, or 1318 of this title, or is in violation of any
permit condition or limitation implementing any of such sections
in a permit issued under section 1342 of this title by him or by a
State, he shall issue an order requiring such person to comply
with such section or requirement, or he shall bring a civil action
in accordance with subsection (b) of this section.
(4) A copy of any order issued under this subsection shall be
sent immediately by the Administrator to the State in which the
violation occurs and other affected States. Any order issued
under this subsection shall be by personal service and shall state
with reasonable specificity the nature of the violation, specify a
time for compliance, not to exceed thirty days, which the
Administrator determines is reasonable, taking into account the
seriousness of the violation and any good faith efforts to comply
with applicable requirements. In any case in which an order
under this subsection (or notice to a violator under paragraph (1)
of this subsection) is issued to a corporation, a copy of such order
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(or notice) shall be served on any appropriate corporate officers.
An order issued under this subsection relating to a violation of
section 1318 of this title shall not take effect until the person to
whom it is issued has had an opportunity to confer with the
Administrator concerning the alleged violation.
Civil actions
(b) The Administrator is authorized to commence a civil
action for appropriate relief, including a permanent or
temporary injunction, for any violation for which he is
authorized to issue a compliance order under subsection (a) of
this section. Any action under this subsection may be brought in
the district court of the United States for the district in which the
defendant is located or resides or is doing business, and such
court shall have jurisdiction to restrain such violation and to
require compliance. Notice of the commencement of such action
shall be given immediately to the appropriate State.
Criminal penalties
(c) (1) Any person who willfully or negligently violates
section 1311, 1312, 1316, 1317, or 1318 of this title, or any permit
condition or limitation implementing any of such sections in a
permit issued under section 1342 of this title by the
Administrator or by a State, shall be punished by a fine of not
less than $2,500 nor more than $25,000 per day of violation, or by
imprisonment for not more than one year, or by both. If the
conviction is for a violation committed after a first conviction of
such person under this paragraph, punishment shall be by a fine
of not more than $50,000 per day of violation, or by imprisonment
for not more than two years, or by both.
(2) Any person who knowingly makes any false statement,
representation, or certification in any application, record,
report, plan, or other document filed or required to be
maintained under this chapter or who falsifies, tampers with, or
knowingly renders inaccurate any monitoring device or method
required to be maintained under this chapter, shall upon
conviction, be punished by a fine of not more than $10,000, or by
imprisonment for not more than six months, or by both.
(3) For the purposes of this subsection, the term "person"
shall mean, in addition to the definition contained in section «
1362(5) of this title, any responsible corporate officer. •
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Civil penalties
(d) Any person who violates section 1311, 1312, 1316, 1317, or
1318 of this title, or any permit condition or limitation
implementing any of such sections in a permit issued under
section 1342 of this title by the Administrator, or by a State, and
any person who violates any order issued by the Administrator
under subsection (a) of this section, shall be subject to civil
penalty not to exceed $10,000 per day of such violation.
State liability for judgments and expenses
(e) Whenever a municipality is a party to a civil action
brought by the United States under this section, the State in
which such municipality is located shall be joined as a party.
Such State shall be liable for payment of any judgment, or any
expenses incurred as a result of complying with any judgment,
entered against the municipality in such action to the extent
that the laws of that State prevent the municipality from raising
revenues needed to comply with such judgment.
June 30,1948, c. 758, Title III, § 309, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 859.
§ 1320. International pollution abatement—Hearing;
participation by foreign nations
(a) Whenever the Administrator, upon receipts of reports,
surveys, or studies from any duly constituted international
agency, has reason to believe that pollution is occurring which
endangers the health or welfare of persons in a foreign country,
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 or States in which such
discharge or discharges originate and to the appropriate
interstate agency, if any. He shall also promptly call such a
hearing, if he believes that such pollution is occurring in
sufficient quantity to warrant such action, and if such foreign
country has given the United States essentially the same rights
with respect to the prevention and control of pollution occurring
in that country as is given that country by this subsection. The
Administrator, through any Secretary of State, shall invite the
foreign country which may be adversely affected by the pollution
to attend and participate in the hearing, and the representative
of such country shall, for the purpose of the hearing and any
further proceeding resulting from such hearing, have all the
rights of a State water pollution control agency. Nothing in this
subsection shall be construed to modify, amend, repeal, or
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otherwise affect the provisions of the 1909 Boundary Waters H
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 pollution
in waters covered by those treaties.
Functions and responsibilities of Administrator not affected
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(b) The calling of a hearing under this section shall not be
construed by the courts, the Administrator, or any person as
limiting, modifying, or otherwise affecting the functions and
responsibilities of the Administrator under this section to
establish and enforce water quality requirements under this
chapter.
Hearing board; composition; findings of fact; recommendations;
implementation of board's decision
(c) The Administrator shall publish in the Federal Register a
notice of a public hearing before a hearing board of five or more
persons appointed by the Administrator. A majority of the
members of the board and the chairman who shall be designated
by the Administrator shall not be officers or employees of
Federal, State, or local governments. On the basis of the
evidence presented at such hearing, the board shall within sixty
days after completion of the hearing make findings of fact as to
whether or not such pollution is occurring and shall thereupon
be decision, incorporating its findings therein, make such
recommendations to abate the pollution as may be appropriate
and shall transmit such decision and the record of the hearings
to the Administrator. All such decisions shall be public. Upon
receipt of such decision, the Administrator shall promptly
implement the board's decision in accordance with the
provisions of this chapter.
Report by alleged polluter
(d) In connection with any hearing called under this
subsection, the board is authorized to require any person whose
alleged activities result in discharges causing or contributing to
pollution to file with it in such forms as it 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 fll
prevent or reduce such discharges by the person filing such a H
report. Such report shall be made under oath or otherwise, as the
board may prescribe, and shall be filed with the board within ••
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such reasonable period as it may prescribe, unless additional
time is granted by it. Upon a showing satisfactory to the board by
the person filing such report that such report or portion thereof
(other than effluent data), to which the Administrator has access
under this section, if made public would divulge trade secrets or
secret processes of such person, the board shall consider such
report or portion thereof confidential for the purposes of section
1905 of Title 18. If any person required to file any report under
this paragraph shall fail to do so within the time fixed by the
board 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 $1,000 for each and every day of
the continuance of such failure, which forfeiture shall be payable
into the Treasury of the United States, and shall be recoverable
in a civil suit in the name of the United States in the district court
of the United States where such person has his principal office or
in any district in which he does business. The Administrator may
upon application therefor remit or mitigate any forfeiture
provided for under this subsection.
Compensation of board members
(e) Board members, other than officers or employees of
Federal, State, or local governments, shall be for each day
(including traveltime) during which they are performing board
business, entitled to receive compensation at a rate fixed by the
Administrator but not in excess of the maximum rate of pay for
grade GS-18, as provided in the General Schedule under section
5332 of Title 5, and shall, notwithstanding the limitations of
sections 5703 and 5704 of Title 5, be fully reimbursed for travel,
subsistence, and related expenses.
Enforcement proceedings
(f) When any such recommendation adopted by the
Administrator involves the institution of enforcement
proceedings against any person to obtain the abatement of
pollution subject to such recommendation, the Administrator
shall institute such proceedings if he believes that the evidence
warrants such proceedings. The district court of the United
States shall consider and determine de novo all relevant issues,
but shall receive in evidence the record of the proceedings before
the conference or hearing board. The court shall have
jurisdiction to enter such judgment and orders enforcing such
judgment as it deems appropriate or to remand such proceedings
to the Administrator for such further action as it may direct.
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June 30,1948, c. 758, Title III, § 310, as added Oct. 18,1972, Pub.L. •
92-500, § 2, 86 Stat. 860. •
§ 1321. Oil and hazardous substance liability—Definitions
(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 Ml
artificial contrivance used, or capable of being used, as a H
means of transportation on water other than a public vessel;
(4) "public vessel" means a vessel owned or ••
bareboat-chartered and operated by the United States, or by a •
State or political subdivision 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, American 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, 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,
association, and a partnership;
(8) "remove" or "removal" refers to removal of the oil of
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;
(9) "contiguous zone" means the entire zone established or
to be established by the United States under article 24 of the
Convention 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 ^_
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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;
(14) "hazardous substance" means any substance
designated pursuant to subsection (b) (2) of this section.
Congressional declaration of policy against discharges of oil or hazardous
substances; designation of hazardous substances; determination
of removability; liability; penalties
(b) (1) The Congress hereby declares that it is the policy of
the United States that there should be no discharges of oil or
hazardous substances into or upon the navigable waters of the
United States, adjoining shorelines, or into or upon the waters of
the contiguous zone.
(2) (A) The Administrator shall develop, promulgate, and
revise as may be appropriate, regulations designating as
hazardous substances, other than oil as defined in this section,
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 contiguous zone,
present an imminent and substantial danger to the public health
or welfare, including, but not limited to, fish, shellfish, wildlife,
shorelines, and beaches.
(B) (i) The Administrator shall include in any designation
under subparagraph (A) of this subsection a determination
whether any such designated hazardous substance can actually
be removed.
(ii) The owner or operator of any vessel, onshore facility, or
offshore facility from which there is discharged during the
two-year period beginning on October 18, 1972, any hazardous
substance determined not removable under clause (i) of this
subparagraph shall be liable, subject to the defenses to liability
provided under subsection (f) of this section, as appropriate, to
the United States for a civil penalty per discharge established by
the Administrator based on toxicity, degradability, and
dispersal characteristics of such substance, in an amount not to
exceed $50,000, except that where the United States can show
that such discharge was a 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 for a civil
penalty in such amount as the Administrator shall establish,
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based upon the toxicity, degradability, and dispersal
characteristics of such substance.
(iii) After the expiration of the two-year period referred to in
clause (ii) of this subparagraph, the owner or operator of any
vessel, onshore facility, or offshore facility, from which there is
discharged any hazardous substance determined not removable
under clause (i) of this subparagraph shall be liable, subject to
the defenses to liability provided in subsection (f) of this section,
to the United States for either one or the other of the following
penalties, the determination of which shall be in the discretion of
the Administrator:
(aa) a penalty in such amount as the Administrator shall
establish, based on the toxicity, degradability, and dispersal
characteristics of the substance, but not less than $500 nor
more than $5,000; or
(bb) a penalty determined by the number of units
discharged multiplied by the amount established for such unit
under clause (iv) of this subparagraph, but such penalty shall
not be more than $5,000,000 in the case of a discharge from a
vessel and $500,000 in case of a discharge from an onshore or
offshore facility.
(iv) The Administrator shall establish by regulation, for each
hazardous substance designated under subparagraph (A) of this
paragraph, and within 180 days of the date of such designation, a
unit of measurement based upon the usual trade practice and,
for the purpose of determining the penalty under clause (iii) (bb)
of this subparagraph, shall establish for each such unit a fixed
monetary amount which shall be not less than $100 nor more
than $1,000 per unit. He shall establish such fixed amount based
on the toxicity, degradability, and dispersal characteristics of
the substance.
(3) The discharge of oil or hazardous substances 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 (4)
of this subsection, is prohibited, except (A) in the case of such
discharges of oil 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 subsection shall be consistent with maritime
safety and with marine and navigation laws and regulations and
applicable water quality standards.
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(4) The President shall by regulation, to be issued as soon as
possible after October 18,1972, determine for the purposes of this
section, those quantities of oil and any hazardous substance 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 to pollute or contribute to the pollution of the territory
or the territorial sea of the United States may be determined to
be harmful.
(5) 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 or a hazardous substance from such vessel or
facility in violation of paragraph (3) 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
conviction, 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.
(6) Any owner or operator of any vessel, onshore facility, or
offshore facility from which oil or a hazrdous substance is
discharged in violation of paragraph (3) 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 $5,000 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 violation, shall be considered
by such Secretary. The Secretary of the Treasury shall withhold
at the request of such Secretary the clearance required by
section 91 of Title 46 of any vessel the owner or operator of which
is subject to the foregoing penalty. Clearance may be granted in
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such cases upon the filing of a bond or other surety satisfactory
to such Secretary.
Removal of discharged oil or hazardous substances;
National Contingency Plan
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(c) (1) Whenever any oil or a hazardous substance is
discharged, into or upon the navigable waters of the United mm
States, adjoining shorelines, or into or upon the waters of the H
contiguous zone, the President is authorized to act to remove or
arrange for the removal of such oil or substance at any time,
unless he determines such removal will be done properly by the
owner or operator of the vessel, onshore facility, or offshore
facility from which the discharge occurs.
(2) Within sixty days after October 18, 1972, the President
shall prepare and publish a National Contingency Plan for
removal of oil and hazardous substances, pursuant to this
subsection. Such National Contingency Plan shall provide for
efficient, coordinated, and effective action to minimize damage
from oil and hazardous substance discharges, including
containment, dispersal, and removal of oil and hazardous
substances, 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;
(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
establishment at major ports, to be determined by the
President, of emergency task forces of trained personnel,
adequate oil and hazardous substance pollution control
equipment and material, and a detailed oil and hazardous
substance pollution prevention and removal plan;
(D) a system of surveillance and notice designed to insure
earliest possible notice of discharges of oil and hazardous
substances 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
hazardous substances; m—
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(G) a schedule prepared in cooperation with the States,
identifying (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 dispersant 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 President, 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; and
(H) a system whereby the State or States affected by a
discharge of oil or hazardous substance may act where
necessary to remove such discharge and such State or States
may be reimbursed from the fund established under
subsection (k) of this section for the reasonable costs incurred
in such removal.
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 hazardous substances and actions to minimize damage from
oil and hazardous substance discharges shall, to the greatest
extent possible, be in accordance with the National Contingency
Plan.
Maritime disaster discharges
(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 shorelines and beaches of the United
States, because of a discharge, or an imminent discharge, of
large quantities of oil, or of a hazardous substance from a vessel
the United States may (A) coordinate and direct all public and
private efforts directed at the removal or elimination of such
threat; and (B) summarily remove, and, if necessary, destroy
such vessel by whatever means are available without regard to
any provisions of law governing the employment of personnel or
the expenditure of appropriated funds. Any expense incurred
under this subsection shall be a cost incurred by the United
States Government for the purposes of subsection (f) of this
section in the removal of oil or hazardous substance.
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Judicial relief
(e) In addition to any other action taken by a State or local •
government, when the President determines there is an ^™
imminent and substantial threat to the public health or welfare
of the United States, including, but not limited to, fish, shellfish, Hj
and wildlife and public and private property, shorelines, and H
beaches within the United States, because of an actual or
threatened discharge of oil or hazardous substance into or upon ••
the navigable waters of the United States from an onshore or •
offshore facility, the President may require the United States
attorney of the district in which the threat occurs to secure such
relief as may be necessary to abate such threat, and the district H
courts of the United States shall have jurisdiction to grant such BBI
relief as the public interest and the equities of the case may
require.
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Liability for actual costs of removal
(f) (1) Except where an owner or operator can prove that a
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 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 or a hazardous substance is discharged
in violation of subsection (b) (3) of this section shall, H
notwithstanding any other provision of law, be liable 'to the BB
United States Government for the actual costs incurred under
subsection (c) of this section for the removal of such oil or M
substance by the United States Government in an amount not to H
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
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. Such costs shall BJj
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 •
operator 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, BB
(B) an act of war, (C) negligence on the part of the United States
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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 such facility from which oil or a
hazardous substance is discharged in violation of subsection (b)
(3) of this section shall be liable to the United States Government
for the actual costs incurred under subsection (c) of this section
for the removal of such oil or substance 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 Administrator 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 or
a hazardous substance in violation of subsection (b) (3) of this
section, and apply with respect to such classifications 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 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 such facility from which oil or a
hazardous substance is discharged in violation of subsection (b)
(3) 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) of this section for the removal
of such oil or substance 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
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operator of such a facility in any court of competent j urisdiction HJ
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to recover such costs.
Third party liability
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(g) In any case where an owner or operator of a vessel, of an
onshore facility, or of an offshore facility, from which oil or a
hazardous substance is discharged in violation of subsection (b) HJ
(3) of this section, proves that such discharge of oil or hazardous HJ
substance was caused solely by an act or omission of a third
party, or was caused solely by such an act or omission in mm
combination with an act of God, an act of war, or negligence on •
the part of the United States Government, such third party shall,
notwithstanding any other provision of law, be liable to the
United States Government for the actual costs incurred under HJ
subsection (c) of this section for removal of such oil or substance HI
by the United States Government, except where such third party
can probe 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 or a hazardous substance in violation of
subsection (b) (3) of this section, the liability of such third party HI
under this subsection shall not exceed $100 per gross ton of such HJ
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 applicable to the owner or operator of the HI
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 or a HJ
hazardous substance in violation of subsection (b) (3) 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 HJ
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.
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Rights against third parties who caused or contributed to discharge
(h) The liabilities established by this section shall in no way HJ
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
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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 discharge of oil
or hazardous substance.
Recovery of removal costs
(i) (1) In any case where an owner or operator of a vessel or
an onshore facility or an offshore facility from which oil or a
hazardous substance is discharged in violation of subsection (b)
(3) of this section acts to remove such oil or substance 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 without 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 funds established pursuant to subsection (k) of this
section.
Regulations; penalty
(j) (1) Consistent with the National Contingency Plan
required by subsection (c) (2) of this section, as soon as
practicable after October 18, 1972, 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 removal of discharged
oil and hazardous substances, (B) establishing criteria for the
development and implementation of local and regional oil and
hazardous substance removal contingency plans, (C)
establishing procedures, methods, and equipment and other
requirements for equipment to prevent discharges of oil and
hazardous substances from vessels and from onshore facilities
and offshore facilities, and to contain such discharges, and (D)
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governing the inspection of vessels carrying cargoes of oil and H
hazardous substances and the inspection of such cargoes in
order to reduce the likelihood of discharges of oil from vessels in
violation of this section.
(2) Any owner or operator of a vessel or an onshore facility or
an 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
regulations, 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 opportunity
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.
Authorization of appropriations
(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), (d), (i),
and (1) of this section. 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.
Administration
(0 The President is authorized to delegate the administra-
tion of this section to the heads of those Federal departments,
agencies, and instrumentalities which he determines to be
appropriate. Any moneys in the fund established by subsection
(k) of this section shall be available to such Federal departments,
agencies, and instrumentalities to carry out the provisions of
subsections (c) and (i) of this section. Each such department,
agency, and instrumentality, in order to avoid duplication of
effort, shall, whenever appropriate, utilize the personnel,
services, and facilities of other Federal departments, agencies, M
and instrumentalities. H
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Boarding and inspection of vessels; arrest; execution
of warrants or other process
(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 person 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.
Jurisdiction
(n) The several district courts of the United States are
invested with jurisdiction for any actions, other than actions
pursuant to subsection (i) (1) of this section, arising under this
section. In the case of Guam and the Trust Territory of the
Pacific Islands, such actions 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 United States District Court
for the District of the Canal Zone.
Obligation for damages unaffected; local authority not preempted; existing
Federal authority not modified or affected
(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 the provision of law for damages
to any publicly owned or privately owned property resulting
from a discharge of any oil or hazardous substance or from the
removal of any such oil or hazardous substance.
(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 or
hazardous substance into any waters within such State.
(3) Nothing in this section shall be construed as affecting or
modifying any other existing authority of any Federal
department, agency, or instrumentality, relative to onshore or
offshore facilities under this chapter or any other provision of
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law, or to affect any State or local law not in conflict with this Hj
section.
Financial responsibility
(p) (1) Any vessel over three hundred gross tons, including
any barge of equivalent size, but not including any barge that is
not self-propelled and that does not carry oil or hazardous
substances as cargo or fuel, 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 f§
financial responsibility of $100 per gross ton, or $14,000,000,
whichever is the lesser, to meet the liability to the United States mm
which such vessel could be subjected under this section. In cases H
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 H
such vessels could be subjected. Financial responsibility may be •
established by any one of, or a combination of, the following
methods acceptable 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 April 3, 1971, with respect to oil and one year after
October 18, 1972, with respect to hazardous substances. The IH
President shall delegate the responsibility to carry out the H
provisions of this subsection to the appropriate agency head
within sixty days after October 18, 1972. Regulations necessary mm
to implement this subsection shall be issued within six months H
after October 18, 1972.
(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) Any owner or operator of a vessel subject to this
subsection, who fails to comply with the provisions of this H
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subsection or any regulation issued thereunder, shall be subject
to a fine of not more than $10,000.
(5) The Secretary of the Treasury may refuse the clearance
required by section 91 of Title 46 to any vessel subject to this
subjection, which does not have evidence furnished by the
President that the financial responsibility provisions of
paragraph (1) of this subsection have been complied with.
(6) The Secretary of the Department in which the Coast
Guard is operated may (A) deny entry to any port or place in the
United States or the navigable waters of the United States, to,
and (B) detain at the port or place in the United States from
which it is about to depart for any other port or place in the
United States, any vessel subject to this subsection, which upon
request, does not produce evidence furnished by the President
that the financial responsibility provisions of paragraph (1) of
this subsection have been complied with.
June 30,1948, c. 758, Title III, § 311, as added Oct. 18,1972, Pub.L.
92-500, § 2,86 Stat. 862, and amended Dec. 28,1973, Pub.L. 93-207,
§ 1(A), 87 Stat. 906.
§ 1322. Marine sanitation devices—Definitions
(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, 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, 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 subdivision thereof, or by a foreign nation, except
when such vessel is engaged in commerce;
(4) "United States" includes the States, the District of
Columbia, 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
installation on board a vessel which is designed to receive,
retain, treat, or discharge sewage, and any process to treat
such sewage;
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(6) "sewage" means human body wastes and the wastes H
from toilets and other receptacles intended to receive or retain
body wastes;
(7) "manufacturer" means any person engaged in the
manufacturing, 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,
corporation, or association, but does not include an individual
on board a public vessel;
(9) "discharge" includes, but is not limited to, any spilling,
leaking, pumping, pouring, emitting, emptying or dumping.
Federal standards of performance
(b) (1) As soon as possible, after October 18, 1972, and
subject to the provisions of section 1254(j) of this title, the
Administrator, after consultation with the Secretary of the •
department in which the Coast Guard is operating, after giving •
appropriate consideration to the economic costs involved, and
within the limits of available technology, shall promulgate
Federal standards of performance for marine sanitation devices
(hereafter in this section referred to as "standards") which shall
be designed to prevent the discharge of untreated or
inadequately treated sewage into or upon the navigable waters
from new vessels and existing vessels, except vessels not
equipped with installed toilet facilities. Such standards shall be
consistent 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 consistent
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 H
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 H
replaced or is found not to be in compliance with such initial
standards and regulations. _
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Initial standards; effective dates; revision; waiver
(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
Administrator, may distinguish among classes, type, 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 section), and, upon application, for individual
vessels.
Vessels owned and operated by the United States
(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) of this section and certifications under
subsection (g) (2) of this section shall be promulgated and issued
by the Secretary of Defense.
Pre-promulgation consultation
(e) Before the standards and regulations under this section
are promulgated, the Administrator 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 interested; and
otherwise comply with the requirements of section 553 of Title 5.
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Regulation by States or political subdivisions thereof; complete prohibition upon
discharge of sewage
Sales limited to certified devices; certification of test device; recordkeeping;
reports
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(f) (1) After the effective date of the initial standards and «
regulations promulgated under this section, no State or political H
subdivision thereof shall adopt or enforce any statute or
regulation of such State or political subdivision with respect to
the design, manufacture, or installation or use of any marine flj
sanitation device on any vessel subject to the provisions of this •
section.
(2) If, after promulgation of the initial standards and ••
regulations and prior to their effective date, a vessel is equipped •
with a marine sanitation device in compliance with such
standards and regulations and the installation and operation of
such device is in accordance with such standards and
regulations, such standards and regulations shall, for the
purposes of paragraph (1) of this subsection, become effective
with respect to such vessel on the date of such compliance.
(3) After the effective date of the initial standards and
regulations promulgated under this section, if any State
determines that the protection and enhancement of the quality ••
of some or all of the waters within such State require greater •
environmental protection, such State may completely prohibit
the discharge from all vessels of any sewage, whether treated or
not, into such waters, except that no such prohibition shall apply H
until the Administrator determines that adequate facilities for ••
the safe and sanitary removal and treatment of sewage from all
vessels are reasonably available for such water to which such
prohibition would apply. Upon application of the State, the
Administrator shall make such determination within 90 days of
the date of such application.
(4) If the Administrator determines upon application by a
State that the protection and enhancement of the quality of
specified waters within such State requires such a prohibition,
he shall by regulation completely prohibit the discharge from a H
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vessel of any sewage (whether treated or not) into such waters.
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(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 H
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substantially the same as a test device certified under this
subsection.
(2) Upon application of the manufacturer, the Secretary of
the department in which the Coast Guard is operating shall so
certify a marine sanitation device if he determines, in
accordance with the provisions of this paragraph, that it meets
the appropriate standards and regulations promulgated under
this section. The Secretary of the department in which the Coast
Guard is operating shall test or require such testing of the device
in accordance with procedures set forth by the Administrator as
to standards of performance and for such other purposes as may
be appropriate. If the Secretary of the department in which the
Coast Guard is operating determines that the device is
satisfactory from the standpoint of safety and any other
requirements of maritime law or regulation, and after
consideration of the design, installation, 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
Administrator or the Secretary of the department in which the
Coast Guard is operating may reasonably require to enable him
to determine whether such manufacturer 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 Administrator 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 Administrator or 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 shall be considered confidential for the purpose of
that section, except that such information may be disclosed 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.
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Sale and resale of properly equipped vessels; operability of certified marine
sanitation devices
(h) After the effective date of standards and regulations
promulgated under this section, it shall be unlawful—
(1) for the manufacturer of any vessel subject to such
standards 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 certified pursuant to this section;
(2) for any person, prior to the sale or delivery of a vessel
subject 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 copying of recores 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.
Jurisdiction to restrain violations; contempts
(i) The district courts of the United States shall have
jurisdictions to restrain violations of subsection (g) (1) of this
section 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 contumacy 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 application
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 of the court may be punished by such
court as a contempt thereof.
Penalties H
(j) Any person who violates subsection (g) (1) of this section or
clause (1) or (2) of subsection (h) of this section shall be liable to a |H
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
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civil penalty of not more than $2,000 for each violation. Each
violation shall be a separate offense. The Secretary of the
department in which the Coast 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
opportunity 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 attempting to achieve rapid
compliance, after notification of a violation, shall be considered
by said Secretary.
Enforcement authority
(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 Administrator, other Federal agencies, or the
States to carry out the provisions of this section.
Boarding and inspection of vessels; execution of warrants and other process
(/) 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.
Enforcement in United States possessions
(m) In the case of Guam and the Trust Territory of the Pacific
Islands, 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.
June 30,1948, c. 758, Title III, § 312, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 871.
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§ 1323. Federal facilities pollution control H
Each department, agency, or instrumentality of the executive,
legislative, and judicial branches of the Federal Government (1) _
having jurisdiction over any property or facility, or (2) engaged •
in any activity resulting, or which may result, in the discharge or
runoff of pollutants shall comply with Federal, State, interstate,
and local requirements respecting control and abatement of
pollution to the same extent that any person is subject to such
requirements, including the payment of reasonable service
charges. The President may exempt any effluent source of any
department, agency, or instrumentality in the executive branch
from compliance with any such a requirement if he determines it
to be in the paramount interest of the United States to do so;
except that no exemption may be granted from the requirements
of section 1316 or 1317 of this title. No such exemptions shall be
granted due to lack of appropriation unless the President shall
have specifically requested such appropriation as a part of the
budgetary process and the Congress shall have failed to make
available such requested appropriation. Any exemption shall be
for a period not in excess of one year, but additional exemptions »
may be granted for periods of not to exceed one year upon the •
President's making a new determination. The President shall
report each January to the Congress all exemptions from the
requirements of this section granted during the preceding H
calandar year, together with his reason for granting such mf
exemption.
June 30,1948, c. 758, Title III, § 313, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 875.
§ 1324. Clean lakes
(a) Each State shall prepare or establish, and submit to the
Administrator for his approval—
(1) an identification and classification according to
eutrophic condition of all publicly owned fresh water lakes in
such State;
(2) procedures, processes, and methods (including land use
requirements), to control sources of pollution of such lakes;
and
(3) methods and procedures, in conjunction with
appropriate Federal agencies, to restore the quality of such
lakes.
(b) The Administrator shall provide financial assistance to
States in order to carry out methods and procedures approved by
him under this section. ^H
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(c) (1) The amount granted to any State for any fiscal year
under this section shall not exceed 70 percentum of the funds
expended by such State in such year for carrying out approved
methods and procedures under this section.
(2) There is authorized to be appropriated $50,000,000 for the
fiscal year ending June 30, 1973; $100,000,000 for the fiscal year
1974; and $150,000,000 for the fiscal year 1975 for grants to States
under this section which such sums shall remain available until
expended. The Administrator shall provide for an equitable
distribution of such sums to the States with approved methods
and procedures under this section.
June 30,1948, c. 758, Title III, § 314, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 875.
§ 1325. National Study Commission—Establishment
(a) There is established a National Study Commission, which
shall make a full and complete investigation and study of all of
the technological aspects of achieving, and all aspects of the total
economic, social, and environmental effects of achieving or not
achieving, the effluent limitations and goals set forth for 1983 in
section 1311(b) (2) of this title.
Membership; chairman
(b) Such Commission shall be composed of fifteen members,
including five members of the Senate, who are members of the
Public Works committee, appointed by the President of the
Senate, five members of the House, who are members of the
Public Works committee, appointed by the Speaker of the House,
and five members of the public appointed by the President. The
Chairman of such Commission shall be elected from among its
members.
Contract authority
(c) In the conduct of such study, the Commission is
authorized to contract with the National Academy of Sciences
and the National Academy of Engineering (acting through the
National Research Council), the National Institute of Ecology,
Brookings Institution, and other nongovernmental entities, for
the investigation of matters within their competence.
Cooperation of departments, agencies, and instrumentalities of executive branch
(d) The heads of the departments, agencies and
instrumentalities of the executive branch of the Federal
Government shall cooperate with the Commission in carrying
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Authorization of appropriation
(h) There is authorized to be appropriated, for use in carrying
out this section, not to exceed $15,000,000.
out the requirements of this section, and shall furnish to the
Commission such information as the Commission deems
necessary to carry out this section.
Report to Congress
(e) A report shall be submitted to the Congress of the results
of such investigation and study, together with
recommendations, not later than three years after October 18,
1972.
Compensation and allowances
(f) The members of the Commission who are not officers or
employees of the United States, while attending conferences or
meetings of the Commission or while otherwise serving at the
request of the Chairman shall be entitled to receive compen-
sation at a rate not in excess of the maximum rate of pay for
grade GS-18, as provided in the General Schedule under section
5332 of Title 5, including traveltime 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 for persons in the Government service employed
intermittently.
Appointment of personnel
(g) In addition to authority to appoint personnel subject to
the provisions of Title 5 governing appointments in the
competitive service, and to pay such personnel in accordance
with the provisions of chapter 51 and subchapter III of chapter
53 of such title relating to classification and General Schedule
pay rates, the Commission shall have authority to enter into
contracts with private or public organizations who shall furnish
the Commission with such administrative and technical
personnel as may be necessary to carry out the purpose of this
section. .Personnel furnished by such organizations under this
subsection are not, and shall not be considered to be, Federal
employees for any purposes, but in the performance of their
duties shall be guided by the standards which apply to employees H
of the legislative branches under rules 41 and 43 of the Senate Hi
and House of Representatives, respectively.
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June 30,1948, c. 758, Title III, § 315, as added Oct. 18,1972, Pub.L.
92-500, § 2,86 Stat. 875, and amended Dec. 28,1973, Pub.L. 93-207,
§ 1(5), 87 Stat. 906.
§ 1326. Thermal discharges—Effluent limitations that will assure
protection and propagation of balanced, indigenous population of
shellfish, fish, and wildlife.
(a) With respect to any point source otherwise subject to the
provisions of section 1311 of this title or section 1316 of this title,
whenever the owner or operator of any such source, after
opportunity for public hearing, can demonstrate to the
satisfaction of the Administrator (or, if appropriate, the State)
that any effluent limitation proposed for the control of the
thermal component of any discharge from such source will
require effluent limitations more stringent than necessary to
assure the projection and propagation of a balanced, indigenous
population of shellfish, fish, and wildlife in and on the body of
water into which the discharge is to be made, the Administrator
(or, if appropriate, the State) may impose an effluent limitation
under such sections for such plant, with respect to the thermal
component of such discharge (taking into account the
interaction of such thermal component with other pollutants),
that will assure the protection and propagation of a balanced,
indigenous population of shellfish, fish, and wildlife in and on
that body of water.
Cooling water intake structures
(b) Any standard established pursuant to section 1311 of this
title or section 1316 of this title and applicable to a point source
shall require that the location, design, construction, and
capacity of cooling water intake structures reflect the best
technology available for minimizing adverse environmental
impact.
Period of protection from more stringent effluent limitations following discharge
point source modification commenced after October 18, 1972
(c) Notwithstanding any other provision of this chapter, any
point source of a discharge having a thermal component, the
modification of which point source is commenced after October
18, 1972, and which, as modified, meets effluent limitations
established under section 1311 of this title or, if more stringent,
effluent limitations established under section 1313 of this title
and which effluent limitations will assure protection and
propagation of a balanced, indigenous population of shellfish,
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§ 1328. Aquaculture
(a) The Administrator is authorized, after public hearings, to
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fish, and wildlife in or on the water into which the discharge is Bj
made, shall not be subject to any more stringent effluent
limitation with respect to the thermal component of its discharge
during a ten year period beginning on the date of completion of
such modification or during the period of depreciation or
amortization of such facility for the purpose of section 167 or 169
(or both) of Title 26, whichever period ends first.
June 30,1948, c. 758, Title III, § 316, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 876.
§ 1327. Investigation and study of feasibility of alternate methods H
of financing the cost of preventing, controlling, and abating
pollution
(a) The Administrator shall continue to investigate and H
study the feasibility of alternate methods of financing the cost of
preventing, controlling and abating pollution as directed in the
Water Quality Improvement Act of 1970, including, but not
limited to, the feasibility of establishing a pollution abatement
trust fund. The results of such investigation and study shall be
reported to the Congress not later than two years after •
enactment of this title, together with recommendations of the |
Administrator for financing the programs for preventing,
controlling and abating pollution for the fiscal years beginning ••
after fiscal year 1976, including any necessary legislation. H
(b) There is authorized to be appropriated for use in carrying
out this section, not to exceed $1,000,000.
June 30,1948, c. 758, Title III, § 317, as added Oct. 18,1972, Pub.L. •
92-500, § 2, 86 Stat. 877.
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permit the discharge of a specific pollutant or pollutants under
controlled conditions associated with an approved aquaculture
project under Federal or State supervision.
(b) The Administrator shall by regulation, not later than
January 1, 1974, establish any procedures and guidelines he
deems necessary to carry out this section.
June 30, 1948, c. 758, Title III, § 318, as added Oct. 18, 1972, Pub.L.
92-500, § 2, 86 Stat. 877.
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SUBCHAPTER IV—PERMITS AND LICENSES
§ 1341. Certification—Compliance with applicable
requirements; application; procedures; license suspension
(a) (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, 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 having jurisdiction
over the navigable waters at the point where the discharge
originates or will originate, that any such discharge will comply
with the applicable provisions of sections 1311, 1312, 1316, and
1317 of this title. In the case of any such activity for which there
is not an applicable effluent limitation or other limitation under
sections 1311(b) and 1312 of this title, and there is not an
applicable standard under sections 1316 and 1317 of this title, the
State shall so certify, except that any such certification shall not
be deemed to satisfy section 1371(c) of this title. Such State or
interstate agency shall establish procedures for public notice in
the case of all applications for certification by it and, to the
extent it deems appropriate, procedures for public hearings in
connection with specific applications. In any case where a State
or interstate agency has no authority to give such a certification,
such certification shall be from the Administrator. If the State,
interstate agency, or Administrator, 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 on year) after receipt of
such request, the certification requirements of this subsection
shall be waived with respect to such Federal application. No
license or permit shall be granted until the certification required
by this section has been obtained or has been waived 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 Administrator, as the case may be.
(2) Upon receipt of such application and certification the
licensing or permitting agency shall immediately notify the
administrator of such application and certification. Whenever
such a discharge may affect, as determined by the
Administrator, the quality of the waters of any other State, the
Administrator within thirty days of the date of notice of
application for such Federal license or permit shall so notify such
other State, the licensing or permitting agency, and the
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applicant. If, within sixty days after receipt of such notification,
such other State determines that such discharge will affect the
quality of its waters so as to violate any water quality
requirement in such State, and within such sixty-day period
notifies the Administrator and the licensing or permitting
agency in writing of its objection to the issuance of such license
or permit and requests a public hearing on such objection, the
licensing or permitting agency shall hold such a hearing. The
Administrator 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 Administrator, 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 necessary to insure compliance with applicable water
quality requirements. 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 connection with any other Federal license or
permit required for the operation of such facility unless, after
notice to the certifying State, agency, or Administrator, 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
Administrator, notifies such agency within sixty days after
receipt of such notice that there is no longer reasonable
assurance that there will be compliance with the applicable
provisions of sections 1311, 1312, 1316, and 1317 of this title
because of changes 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, (C) the water quality criteria applicable to
such waters or (D) applicable effluent limitations or other
requirements. This paragraph shall be inapplicable 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 Administrator 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 result in violation of section 1311,
1312, 1316, or 1317 of this title. «
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(4) Prior to the initial operation of any federally licensed or
permitted facility or activity which may result in any discharge
into the navigable waters and with respect to which a
certification has been obtained pursuant to paragraph (1) of this
subsection, which facility or activity is not subject to a Federal
operating license or permit, the licensee or permittee shall
provide an opportunity for such certifying State, or, if
appropriate, the interstate agency or the Administrator to
review the manner in which the facility or activity shall be
operated or conducted for the purposes of assuring that
applicable effluent limitations or other limitations or other
applicable water quality requirements will not be violated. Upon
notification by the certifying State, or if appropriate, the
interstate agency or the Administrator that the operation of any
such federally licensed or permitted facility or activity will
violate applicable effluent limitations or other limitations or
other water quality requirements such Federal agency may,
after public hearing, suspend such license or permit. If such
license or permit is suspended, it shall remain suspended until
notification is received from the certifying State, agency, or
Administrator, as the case may be, that there is reasonable
assurance that such facility or activity will not violate the
applicable provisions of section 1311, 1312, 1316, or 1317 of this
title.
(5) Any Federal license or permit with respect to which a
certification has been obtained under paragraph (1) of this
subsection may be suspended or revoked by the Federal agency
issuing such license or permit upon the entering of a judgment
under this chapter that such facility or activity has been
operated in violation of the applicable provisions of section 1311,
1312, 1316, or 1317 of this title.
(6) No Federal agency shall be deemed to be an applicant for
the purposes of this subsection.
(7) Except with respect to a permit issued under section 1342
of this title, in any case where actual construction of a facility
has been lawfully commenced prior to April 3, 1970, no
certification shall be required under this subsection for a license
or permit issued after April 3, 1970, to operate such facility,
except that any such license or permit issued without
certification shall terminate April 3, 1973, unless prior to such
termination date the person having such license or permit
submits to the Federal agency which issued such license or
permit a certification and otherwise meets the requirements of
this section.
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Authority of Secretary of the Army to permit use of spoil disposal areas by Federal
licensees or permittees
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Compliance with other provisions of law setting applicable water quality
requirements
(b) 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 any applicable water
quality requirements. The Administrator 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 effluent
limitations, or other limitations, standards, regulations, or
requirements, or water quality criteria, 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 limitations, standards, regulations, •
requirements, or criteria.
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(c) In order to implement the provisions of this section, the
Secretary of the Army, acting through the Chief of Engineers, is
authorized, 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 H
shall be deposited in the Treasury as miscellaneous receipts. ••
Limitations and monitoring requirements of certification ^B
(d) Any certification provided under this section shall set mm
forth any effluent limitations and other limitations, and
monitoring requirements necessary to assure that any applicant •
for a Federal license or permit will comply with any applicable ••
effluent limitations and other limitations, under section 1311 or
1312 of this title, standard of performance under section 1316 of —~
this title, or prohibition, effluent standard, or pretreatment •
standard under section 1317 of this title, and with any other ^"
appropriate requirement of State law set forth in such
certification, and shall become a condition on any Federal license
or permit subject to the provisions of this section.
June 30, 1948, c. 758, Title IV, § 401, as added Oct. 18, 1972, Pub.L.
92-500, § 2, 86 Stat. 877. mm
§ 1342. National pollutant discharge elimination mi
system — Permits for discharge of pollutants
(a) (1) Except as provided in sections 1328 and 1344 of this
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title, the Administrator may, after opportunity for public
hearing, issue a permit for the discharge of any pollutant, or
combination of pollutants, notwithstanding section 1311(a) of
this title, upon condition that such discharge will meet either all
applicable requirements under sections 1311, 1312, 1316, 1317,
1318, and 1343 of this title, or prior to the taking of necessary
implementing actions relating to all such requirements, such
conditions as the Administrator determines are necessary to
carry out the provisions of this chapter.
(2) The Administrator shall prescribe conditions for such
permits to assure compliance with the requirements of
paragraph (1) of this subsection, including conditions on data
and information collection, reporting, and such other
requirements as he deems appropriate.
(3) The permit program of the Administrator under
paragraph (1) of this subsection, and permits issued thereunder,
shall be subject to the same terms, conditions, and requirements
as apply to a State permit program and permits issued
thereunder under subsection (b) of this section.
(4) All permits for discharges into the navigable waters
issued pursuant to section 407 of this title, shall be deemed to be
permits issued under this title, and permits issued under this
title shall be deemed to be permits issued under section 407 of
this title, and shall continue in force and effect for their term
unless revoked, modified, or suspended in accordance with the
provisions of this chapter.
(5) No permit for a discharge into the navigable waters shall
be issued under section 407 of this title after October 18, 1972.
Each application for a permit under section 407 of this title,
pending on October 18,1972, shall be deemed to be an application
for a permit under this section. The Administrator shall
authorize a State, which he determines has the capability of
administering a permit program which will carry out the
objective of this chapter, to issue permits for discharges into the
navigable waters within the jurisdiction of such State. The
Administrator may exercise the authority granted him by the
preceding sentence only during the period which begins on
October 18, 1972, and ends either on the ninetieth day after the
date of the first promulgation of guidelines required by section
1314(h) (2) of this title, or the date of approval by the
Administrator of a permit program for such State under subsec-
tion (b) of this section, whichever date first occurs, and no such
authorization to a State shall extend beyond the last day of such
period. Each such permit shall be subject to such conditions as
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the Administrator determines are necessary to carry out the
provisions of this chapter. No such permit shall issue if the
Administrator objects to such issuance.
State permit programs
(b) At any time after the promulgation of the guidelines
required by subsection (h) (2) of section 1314 of this title, the
Governor of each State desiring to administer its own permit
program for discharges into navigable waters within its
jurisdiction may submit to the Administrator a full and complete
description of the program it proposes to establish and
administer under State law or under an interstate compact. In
addition, such State shall submit a statement from the attorney
general (or the attorney for those State water pollution control II
agencies which have independent legal counsel), or from the •
chief legal officer in the case of an interstate agency, that the
laws of such State, or the interstate compact, as the case may be, ••
provide adequate authority to carry out the described program. •
The Administrator shall approve each such submitted program
unless he determines that adequate authority does not exist:
(1) To issue permits which—
(A) apply, and insure compliance with, any applicable
requirements of sections 1311,1312,1316,1317, and 1343 of this
title;
(B) are for fixed terms not exceeding five years; and
(C) can be terminated or modified for cause including, but
not limited to, the following:
(i) violation of any condition of the permit;
(ii) obtaining a permit by misrepresentation, or failure to
disclose fully all relevant facts;
(iii) change in any condition that requires either a
temporary or permanent reduction or elimination of the
permitted discharge;
(D.) control the disposal of pollutants into wells;
(2) (A) To issue permits which apply, and insure compliance
with, all applicable requirements of section 1318 of this title, or
(B) To inspect, monitor, enter, and require reports to at least
the same extent as required in section 1318 of this title;
(3) To insure that the public, and any other State the waters
of which may be affected, receive notice of each application for a
permit and to provide an opportunity for public hearing before a
ruling on each such application;
(4) To insure that the Administrator receives notice of each
application (including a copy thereof) for a permit; im
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(5) To insure that any State (other than the permitting
State), whose waters may be affected by the issuance of a permit
may submit written recommendations to the permitting State
(and the Administrator) with respect to any permit application
and, if any part of such written recommendations are not
accepted by the permitting State, that the permitting State will
notify such affected State (and the Administrator) in writing of
its failure to so accept such recommendations together with its
reasons for so doing;
(6) To insure that no permit will be issued if, in the judgment
of the Secretary of the Army acting through the Chief of
Engineers, after consultation with the Secretary of the
department in which the Coast Guard is operating, anchorage
and navigation of any of the navigable waters would be
substantially impaired thereby;
(7) To abate violations of the permit or the permit program,
including civil and criminal penalties and other ways and means
of enforcement;
(8) To insure that any permit for a discharge from a publicly
owned treatment works includes conditions to require adequate
notice to the permitting agency of (A) new introductions into
such works of pollutants from any source which would be a new
source as defined in section 1316 of this title if such source were
discharging pollutants, (B) new introductions of pollutants into
such works from a source which would be subject to section 1311
of this title if it were discharging such pollutants, or (C) a
substantial change in volume or character of pollutants being
introduced into such works by a source introducing pollutants
into such works at the time of issuance of the permit. Such notice
shall include information on the quality and quantity of effluent
to be introduced into such treatment works and any anticipated
impact of such change in the quantity or quality of effluent to be
discharged from such publicly owned treatment works; and
(9) To insure that any industrial user of any publicly owned
treatment works will comply with sections 1284(b), 1317, and 1318
of this title.
Suspension of federal program upon submission of State program;
withdrawal of approval of State program
(c) (1) Not later than ninety days after the date on which a
State has submitted a program (or revision thereof) pursuant to
subsection (b) of this section, the Administrator shall suspend
the issuance of permits under subsection (a) of this section as to
those navigable waters subject to such program unless he
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determines that the State permit program does not meet the
requirements of subsection (b) of this section or does not conform
to the guidelines issued under section 1314(h) (2) of this title. If
the Administrator so determines, he shall notify the State of any
revisions or modifications necessary to conform to such
requirements or guidelines.
(2) Any State permit program under this section shall at all
times be in accordance with this section and guidelines
promulgated pursuant to section 1314(h) (2) of this title.
(3) Whenever the Administrator determines after public
hearing that a State is not administering a program approved
under this section in accordance with requirements of this
section, he shall so notify the State and, if appropriate corrective
action is not taken within a reasonable time, not to exceed ninety
days, the Administrator shall withdraw approval of such
program. The Administrator shall not withdraw approval of any
such program unless he shall first have notified the State, and
made public, in writing, the reasons for such withdrawal.
Notification of Administrator
(d) (1) Each State shall transmit to the Administrator a •
copy of each permit application received by such State and ^*
provide notice to the Administrator of every action related to the
consideration of such permit application, including each permit II
proposed to be issued by such State. H
(2) No permit shall issue (A) if the Administrator within
ninety days of the date of his notification under subsection (b) (5)
of this section objects in writingto the issuance of such permit, or
(B) if the Administrator within ninety days of the date of
transmittal of the proposed permit by the State objects in
writing to the issuance of such permit as being outside the
guidelines and requirements of this chapter.
(3) The Administrator may, as to any permit application,
waive paragraph (2) of this subsection.
Waiver of notification requirement
(e) In accordance with guidelines promulgated pursuant to •
subsection (h) (2) of section 1314 of this title, the Administrator is Hi
authorized to waive the requirements of subsection (d) of this
section at the time he approves a program pursuant to
subsection (b) of this section for any category (including any
class, type, or size within such category) of point sources within
the State submitting such program.
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Point source categories
(f) The Administrator shall promulgate regulations
establishing categories of point sources which he determines
shall not be subject to the requirements of subsection (d) of this
section in any State with a program approved pursuant to
subsection (b) of this section. The Administrator may distinguish
among classes, types, and sizes within any category of point
sources.
Other regulations for safe transportation, handling,
carriage, storage, and stowage of pollutants
(g) Any permit issued under this section for the discharge of
pollutants into the navigable waters from a vessel or other
floating craft shall be subject to any applicable regulations
promulgated by the Secretary of the department in which the
Coast Guard is operating, establishing specifications for safe
transportation, handling, carriage, storage, and stowage of
pollutants.
Violation of permit conditions; restriction or prohibition upon introduction
of pollutant by source not previously utilizing treatment works
(h) In the event any condition of a permit for discharges from
a treatment works (as defined in section 1292 of this title) which
is publicly owned is violated, a State with a program approved
under subsection (b) of this section or the Administrator, where
no State program is approved, may proceed in a court of
competent jurisdiction to restrict or prohibit the introduction of
any pollutant into such treatment works by a source not utilizing
such treatment works prior to the finding that such condition
was violated.
Federal enforcement not limited
(i) Nothing in this section shall be construed to limit the
authority of the Administrator to take action pursuant to section
1319 of this title.
Public information
(j) A copy of each permit application and each permit issued
under this section shall be available to the public. Such permit
application or permit, or portion thereof, shall further be
available on request for the purpose of reproduction.
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Compliance with permits
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(k) Compliance with a permit issued pursuant to this section
shall be deemed compliance, for purposes of sections 1319 and ••
1365 of this title, with sections 1311, 1312,1316,1317, and 1343 of •
this title, except any standard imposed under section 1317 of this
title for a toxic pollutant injurious to human health. Until
December 31,1974, in any case where a permit for discharge has •
been applied for pursuant to this section, but final *B
administrative disposition of such application has not been
made, such discharge shall not be a violation of (1) section 1311,
1316, or 1342 of this title, or (2) section 407 of this title, unless the
Administrator or other plaintiff proves that final administrative
disposition of such application has not been made because of the
failure of the applicant to furnish information reasonably
required or requested in order to process the application. For the
180-day period beginning on October 18,1972, in the case of any
point source discharging any pollutant or combination of
pollutants immediately prior to such date of enactment which
source is not subject to section 407 of this title, the discharge by
such source shall not be a violation of this chapter if such a
source applies for a permit for discharge pursuant to this section
within such 180-day period.
June 30,1948, c. 758, Title IV, § 402, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 880.
§ 1343. Ocean discharge criteria
(a) No permit under section 1342 of this title for a discharge
into the territorial sea, the waters of the contiguous zone, or the
oceans shall be issued, after promulgation of guidelines
established under subsection (c) of this section, except in
compliance with such guidelines. Prior to the promulgation of
such guidelines, a permit may be issued under such section 1342
of this title if the Administrator determines it to be in the public
interest.
(b) The requirements of subsection (d) of section 1342 of this
title may not be waived in the case of permits for discharges into
the territorial sea.
(c) (1) The Administrator shall, within one hundred and
eighty days after October 18, 1972 (and from time to time
thereafter), promulgate guidelines for determining the
degradation of the waters of the territorial seas, the contiguous
zone, and the oceans, which shall include:
(A) the effect of disposal of pollutants on human health or
welfare, including but not limited to plankton, fish, shellfish,
wildlife, shorelines, and beaches;
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(B) the effect of disposal of pollutants on marine life
including the transfer, concentration, and dispersal of
pollutants or their byproducts through biological, physical,
and chemical processes; changes in marine ecosystem
diversity, productivity, and stability; and species and
community population changes;
(C) the effect of disposal of pollutants on esthetic,
recreation, and economic values;
(D) the persistence and permanence of the effects of
disposal of pollutants;
(E) the effect of the disposal at varying rates, of particular
volumes and concentrations of pollutants;
(F) other possible locations and methods of disposal or
recycling of pollutants including land-based alternatives; and
(G) the effect on alternate uses of the oceans, such as
mineral exploitation and scientific study.
(2) In any event where insufficient information exists on any
proposed discharge to make a reasonable judgment on any of the
guidelines established pursuant to this subsection no permit
shall be issued under section 1342 of this title.
June 30,1948, c. 758, Title IV, § 403, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 883.
§ 1344. Permits for dredged or fill material
(a) The Secretary of the Army, acting through the Chief of
Engineers, may issue permits, after notice and opportunity for
public hearings, for the discharge of dredged or fill material into
the navigable waters at specified disposal sites.
(b) Subject to subsection (c) of this section, each such disposal
site shall be specified for each such permit by the Secretary of the
Army (1) through the application of guidelines developed by the
Administrator, in conjunction with the Secretary of the Army,
which guidelines shall be based upon criteria comparable to the
criteria applicable to the territorial seas, the contiguous zone,
and the ocean under section 1343 (c) of this title, and (2) in any
case where such guidelines under clause (1) alone would prohibit
the specification of a site, through the application additionally of
the economic impact of the site on navigation and anchorage.
(c) The Administrator is authorized to prohibit the
specification (including the withdrawal of specification) of any
defined area as a disposal site, and he is authorized to deny or
restrict the use of any defined area for specification (including
the withdrawal of specification) as a disposal site, whenever he
determines, after notice and opportunity for public hearings,
that the discharge of such materials into such area will have an
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unacceptable adverse effect on municipal water supplies,
shellfish beds and fishery areas (including spawning and
breeding areas), wildlife, or recreational areas. Before making
such determination, the Administrator shall consult with the
Secretary of the Army. The Administrator shall set forth in
writing and make public his findings and his reasons for making
any determination under this subsection.
June 30,1948, c. 758, Title IV, § 404, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 884.
§ 1345. Disposal of sewage sludge
(a) Notwithstanding any other provision of this chapter or of
any other law, in any case where the disposal of sewage sludge
resulting from the operation of a treatment works as defined in
section 1292 of this title (including the removal of in-place
sewage sludge from one location and its deposit at another
location) would result in any pollutant from such sewage sludge
entering the navigable waters, such disposal is prohibited except
in accordance with a permit issued by the Administrator under
this section.
(b) The Administrator shall issue regulations governing the
issuance of permits for the disposal of sewage sludge subject to
this section. Such regulations shall require the application to
such disposal of each criterion, factor, procedure, and
requirement applicable to a permit issued under section 1342 of
this title, as the Administrator determines necessary to carry
out the objective of this chapter.
(c) Each State desiring to administer its own permit program
for disposal of sewage sludge within its jurisdiction may do so if
upon submission of such program the Administrator determines
such program is adequate to carry out the objective of this
chapter.
June 30,1948, c. 758, Title IV, § 405, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 884. M
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SUBCHAPTER V—GENERAL PROVISIONS
§ 1361. Administration—Authority of Administrator to Hi
prescribe regulations
(a) The Administrator is authorized to prescribe such
regulations as are necessary to carry out his functions under this
chapter.
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Utilization of other agency officers and employees
(b) The Administrator, 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 chapter.
Recordkeeping
(c) Each recipient of financial assistance under this chapter
shall keep such records as the Administrator shall prescribe,
including records which fully disclose the amount and
disposition by such recipient of the proceeds of such assistance,
the total cost of the project or undertaking in connection 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.
Audit
(d) The Administrator 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 pertinent to the grants received under this chapter.
Awards for outstanding technological achievement or innovative processes,
methods, or devices in waste treatment and pollution abatement programs
(e) (1) It is the purpose of this subsection to authorize a
program which will provide official recognition by the United
States Government 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 Administrator shall, in
consultation with the appropriate State water pollution control
agencies, 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
requirements under this chapter, or otherwise does not have a
satisfactory record with respect to environmental quality.
(2) The Administrator shall award a certificate or plaque of
suitable design to each industrial organization or political
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subdivision which qualifies for such recognition under •
regulations established under this subsection.
(3) The President of the United States, the Governor of the
appropriate State, the Speaker of the House of Representatives, •
and the President pro tempore of the Senate shall be notified of •
the award by the Administrator and the awarding of such
recognition shall be published in the Federal Register. •
Detail of Environmental Protection Agency personnel to State water pollution
control agencies
(f) Upon the request of a State water pollution control H
agency, personnel of the Environmental Protection Agency may
be detailed to such agency for the purpose of carrying out the
provisions of this chapter. H
June 30, 1948, c. 758, Title V, § 501, as added Oct. 18, 1972, Pub.L. •
92-500, § 2, 86 Stat. 885.
§ 1362. Definitions H
Except as otherwise specifically provided, when used in this ^^
chapter:
(1) The term "State water pollution control agency" means
the State agency designated by the Governor having
responsibility for enforcing State laws relating to the abatement
of pollution.
(2) The term "interstate agency" means an agency of two or
more States established by or pursuant to an agreement or
compact approved by the Congress, or any other agency of two or
more States, having substantial powers or duties pertaining to
the control of pollution as determined and approved by the
Administrator.
(3) The term "State" means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
American Samoa, and the Trust Territory of the Pacific Islands.
(4) The term "municipality" means a city, town, borough, ••
county, parish, district, association, or other public body created •
by or pursuant to State law and having jurisdiction over disposal
of sewage, industrial wastes, or other wastes, or an Indian tribe
or an authorized Indian tribal organization, or a designated and
approved management agency under section 1288 of this title.
(5) The term "person" means an individual, corporation,
partnership, association, State, municipality, commission, or
political subdivision of a State, or any interstate body.
(6) The term "pollutant" means dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, munitions,
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chemical wastes, biological materials, radioactive materials,
heat, wrecked or discarded equipment, rock, sand, cellar dirt and
industrial, municipal, and agricultural waste discharged into
water. This term does not mean (A) "sewage from vessels" within
the meaning of section 1322 of this title; or (B) water, gas, or
other material which is injected into a well to facilitate
production of oil or gas, or water derived in association with oil or
gas production and disposed of in a well, if the well used either to
facilitate production or for disposal purposes is approved by
authority of the State in which the well is located, and if such
State determines that such injection or disposal will not result in
the degradation of ground or surface water resources.
(7) The term "navigable waters" means the waters of the
United States, including the territorial seas.
(8) The term "territorial seas" means the belt of the seas
measured from the line of ordinary low water along that portion
of the coast which is in direct contact with the open sea and the
line marking the seaward limit of inland waters, and extending
seaward a distance of three miles.
(9) The term "contiguous zone" means the entire zone
established or to be established by the United States under
article 24 of the Convention of the Territorial Sea and the
Contiguous Zone.
(10) The term "ocean" means any portion of the high seas
beyond the contiguous zone.
(11) The term "effluent limitation" means any restriction
established by a State or the Administrator on quantities, rates,
and concentrations of chemical, physical, biological, and other
constituents which are discharged from point sources into
navigable waters, the waters of the contiguous zone, or the
ocean, including schedules of compliance.
(12) The term "discharge of a pollutant" and the term
"discharge of pollutants" each means (A) any addition of any
pollutant to navigable waters from any point source, (B) any
addition of any pollutant to the waters of the contiguous zone or
the ocean from any point source other than a vessel or other
floating craft.
(13) The term "toxic pollutant" means those pollutants, or
combinations of pollutants, including disease-causing agents,
which after discharge and upon exposure, ingestion, inhalation
or assimilation into any organism, either directly from the
environment or indirectly by ingestion through food chains, will,
on the basis of information available to the Administrator, cause
death, disease, behavioral abnormalities, cancer, genetic
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mutations, physiological malfunctions (including malfunctions
in reproduction) or physical deformations, in such organisms or
their offspring.
(14) The term "point source" means any discernible, confined
and discrete conveyance, including but not limited to any pipe,
ditch, channel, tunnel, conduit, well, discrete fissure, container,
rolling stock, concentrated animal feeding operation, or vessel or
other floating craft, from which pollutants are or may be
discharged.
(15) The term "biological monitoring" shall mean the
determination of the effects on aquatic life, including
accumulation of pollutants in tissue, in receiving waters due to
the discharge of pollutants (A) by techniques and procedures,
including sampling of organisms representative of appropriate
levels of the food chain appropriate to the volume and the
physical, chemical, and biological charactertistics of the
effluent, and (B) at appropriate frequencies and locations.
(16) The term "discharge" when used without qualification
includes a discharge of a pollutant, and a discharge of pollutants.
(17) The term "schedule of compliance" means a schedule of
remedial measures including an enforceable sequence of actions
or operations leading to compliance with an effluent limitation,
other limitation, prohibition, or standard.
(18) The term "industrial user" means those industries
identified in the Standard Industrial Classification Manual,
Bureau of the Budget, 1967, as amended and supplemented,
under the category "Division D—Manufacturing" and such
other classes of significant waste producers as, by regulation,
the Administrator deems appropriate.
(19) The term "pollution" means the man-made or
man-induced alteration of the chemical, physical, biological, and H
radiological integrity of water. •§
June 30,1948, c. 758, Title V, § 502, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 886. B|
§ 1363. Water Pollution Control Advisory Board •
(a) (1) There is hereby established in the Environmental
Protection Agency a Water Pollution Control Advisory Board,
composed of the Administrator or his designee, who shall be
Chairman, and nine members appointed by the President, none
of whom shall be Federal officers or employees. The appointed
members having due regard for the purposes of this chapter,
shall be selected from among representatives of various State,
interstate, and local governmental agencies, of public or private
interests contributing to, affected by, or concerned with
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pollution, and of other public and private agencies,
organizations, or groups demonstrating an active interest in the
field of 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.
(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 Administrator, shall be entitled to receive compensation
at a rate to be fixed by the Administrator, but not exceeding $100
per diem, including traveltime, 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 for persons in the Government service employed
intermittently.
(b) The Board shall advise, consult with, and make
recommendations to the Administrator on matters of policy
relating to the activities and functions of the Administrator
under this chapter.
(c) Such clerical and technical assistance as may be
necessary to discharge the duties of the Board shall be provided
from the personnel of the Environmental Protection Agency.
June 30,1948, c. 758, Title V, § 503, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 887.
§ 1364. Emergency powers
Notwithstanding any other provision of this chapter, the
Administrator upon receipt of evidence that a pollution source or
combination of sources is presenting an imminent and
substantial endangerment to the health of persons or to the
welfare of persons where such endangerment is to the livelihood
of such persons, such as inability to market shellfish, may bring
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suit on behalf of the United States in the appropriate district H
court to immediately restrain any person causing or Bi
contributing to the alleged pollution to stop the discharge of
pollutants causing or contributing to such pollution or to take
such other action as may be necessary.
June 30, 1948, c. 758, Title V, § 504, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 888.
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§ 1365. Citizen suits—Authorization; jurisdiction
(a) Except as provided in subsection (b) of this section, any
citizen may commence a civil action on his own behalf—
(1) against any person (including (i) the United States, and
(ii) any other governmental instrumentality or agency to the
extent permitted by the eleventh amendment to the
Constitution) who is alleged to be in violation of (A) an effluent
standard or limitation under this chapter or (B) an order
issued by the Administrator or a State with respect to such a
standard or limitation, or •
(2) against the Administrator where there is alleged a |BJ
failure of the Administrator to perform any act or duty under
this chapter which is not discretionary with the •
Administrator. BJ
The district courts shall have jurisdiction, without regard to the
amount in controversy or the citizenship of the parties, to en-
force such an effluent standard or limitation, or such an order, or
to order the Administrator to perform such act or duty, as the
case may be, and to apply any appropriate civil penalties under
section 1319(d) of this title. MJ
Notice
(b) No action may be commenced— H
(1) under subsection (a) (1) of this section— BJ
(A) prior to sixty days after the plaintiff has given notice
of the alleged violation (i) to the Administrator, (ii) to the
State in which the alleged violation occurs, and (iii) to any BJ
alleged violator of the standard, limitation, or order, or Bi
(B) if the Administrator or State has commenced and is
diligently prosecuting a civil or criminal action in a court of •
the United States, or a State to require compliance with the BJ
standard, limitation, or order, but in any such action in a
court of the United States any citizen may intervene as a •
matter of right. BJ
(2) under subsection (a) (2) of this section prior to sixty days
after the plaintiff has given notice of such action to the
Administrator, •
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except that such action may be brought immediately after such
notification in the case of an action under this section respecting
a violation of sections 1316 and 1317(a) of this title. Notice under
this subsection shall be given in such manner as the
Administrator shall prescribe by regulation.
Venue; intervention by Administrator
(c) (1) Any action respecting a violation by a discharge
source of an effluent standard or limitation or an order
respecting such standard or limitation may be brought under
this section only in the judicial district in which such source is
located.
(2) In such action under this section, the Administrator, if not
a party, may intervene as a matter of right.
Litigation costs
(d) The court, in issuing any final order in any action brought
pursuant to this section, may award costs of litigation (including
reasonable attorney and expert witness fees) to any party,
whenever the court determines such award is appropriate. The
court may, if a temporary restraining order or preliminary
injunction is sought, require the filing of a bond or equivalent
security in accordance with the Federal Rules of Civil Procedure.
Statutory or common law rights not restricted
(e) Nothing in this section shall restrict any right which any
person (or class of persons) may have under any statute or
common law to seek enforcement of any effluent standard or
limitation or to seek any other relief (including relief against the
Administrator or a State agency).
Effluent standard or limitation
(f) For purposes of this section, the term "effluent standard
or limitation under this chapter" means (1) effective July 1,1973,
an unlawful act under subsection (a) of section 1311 of this title;
(2) an effluent limitation or other limitation under section 1311 or
1312 of this title; (3) standard of performance under section 1316
of this title; (4) prohibition, effluent standard or pretreatment
standards under section 1317 of this title; (5) certification under
section 1341 of this title; or (6) a permit or condition thereof
issued under section 1342 of this title, which is in effect under
this chapter (including a requirement applicable by reason of
section 1323 of this title).
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Application for review; investigation; hearing; review
(b) Any employee or a representative of employees who
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Citizen
(g) For the purposes of this section the term "citizen" means
a person or persons having an interest which is or may be ••
adversely affected. H
Civil action by State Governors ^^
(h) A Governor of a State may commence a civil action under •
subsection (a) of this section, without regard to the limitations of
subsection (b) of this section, against the Administrator where
there is alleged a failure of the Administrator to enforce an •
effluent standard or limitation under this chapter the violation H
of which is occurring in another State and is causing an adverse
effect on the public health or welfare in his State, or is causing a
violation of any water quality requirement in his State.
June 30, 1948, c. 758, Title V, § 505, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 888. _
§ 1366. Appearance ™
The Administrator shall request the Attorney General to
appear and represent the United States in any civil or criminal •
action instituted under this chapter to which the Administrator H
is a party. Unless the Attorney General notifies the
Administrator within a reasonable time, that he will appear in a
civil action, attorneys who are officers or employees of the
Environmental Protection Agency shall appear and represent
the United States in such action.
June 30, 1948, c. 758, Title V, § 506, as added Oct. 18, 1972, Pub.L.
92-500, § 2, 86 Stat. 889.
§ 1367. Employee protection—Discrimination against persons
filing, instituting, or testifying in proceedings under this chapter
prohibited
(a) No person shall fire, or in any other way discriminate
against, or cause to be fired or discriminated against, any
employee or any authorized representative of employees by
reason of the fact that such employee or representative has filed,
instituted, or caused to be filed or instituted any proceeding
under this chapter, or has testified or is about to testify in any
proceeding resulting from the administration or enforcement of
the provisions of this chapter. MB
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believes that he has been fired or otherwise discriminated
against by any person in violation of subsection (a) of this section
may, within thirty days after such alleged violation occurs, apply
to the Secretary of Labor for a review of such firing or alleged
discrimination. A copy of the application shall be sent to such
person who shall be the respondent. Upon receipt of such
application, the Secretary of Labor shall cause such
investigation to be made as he deems appropriate. Such
investigation shall provide an opportunity for a public hearing at
the request of any party to such review to enable the parties to
present information relating to such alleged violation. The
parties shall be given written notice of the time and place of the
hearing at least five days prior to the hearing. Any such hearing
shall be of record and shall be subject to section 554 of Title 5.
Upon receiving the report of such investigation, the Secretary of
Labor shall make findings of fact. If he finds that such violation
did occur, he shall issue a decision, incorporating an order
therein and his findings, requiring the party committing such
violation to take such affirmative action to abate the violation as
the Secretary of Labor deems appropriate, including, but not
limited to, the rehiring or reinstatement of the employee or
representative of employees to his former position with
compensation. If he finds that there was no such violation, he
shall issue an order denying the application. Such order issued
by the Secretary of Labor under this subparagraph shall be
subject to judicial review in the same manner as orders and
decisions of the Administrator are subject to judicial review
under this chapter.
Costs and expenses
(c) Whenever an order is issued under this section to abate
such violation, at the request of the applicant, a sum equal to the
aggregate amount of all costs and expenses (including the
attorney's fees), as determined by the Secretary of Labor, to
have been reasonably incurred by the applicant for, or in
connection with, the institution and prosecution of such
proceedings, shall be assessed against the person committing
such violation.
Deliberate violations by employee acting without direction from his employer or his
agent
(d) This section shall have no application to any employee
who, acting without direction from his employer (or his agent)
deliberately violates any prohibition of effluent limitation or
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other limitation under section 1311 or 1312 of this title, standards
of performance under section 1316 of this title, effluent standard,
prohibition or pretreatment standard under section 1317 of this
title, or any other prohibition or limitation established under HI
this chaper. •
Investigations of employment reductions
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(e) The Administrator shall conduct continuing evaluations
of potential loss or shifts of employment which may result from
the issuance of any effluent limitation or order under this mm
chapter, including, where appropriate, investigating threatened H
plant closures or reductions in employment allegedly resulting
from such limitation or order. Any employee who is discharged or
laid-off, threatened with discharge or lay-off, or otherwise
discriminated against by any person because of the alleged
results of any effluent limitation or order issued under this
chapter, or any representative of such employee, may request
the Administrator to conduct a full investigation of the matter.
The Administrator shall thereupon investigate the matter and,
at the request of any party, shall hold public hearings on not less mm
than five days notice, and shall at such hearings require the mm
parties, including the employer involved, to present information
relating to the actual or potential effect of such limitation or
order on employment and on any alleged discharge, lay-off, or H
other discrimination and the detailed reasons or justification Hi
therefor. Any such hearing shall be of record and shall be subject
to section 554 of Title 5. Upon receiving the report of such ••
investigation, the Administrator shall make findings of fact as to HJj
the effect of such effluent limitation or order on employment and
on the alleged discharge, lay-off, or discrimination and shall
make such recommendations as he deems appropriate. Such
report, findings, and recommendations shall be available to the
public. Nothing in this subsection shall be construed to require
or authorize the Administrator to modify or withdraw any
effluent limitation or order issued under this chapter.
June 30, '1948, c. 758, Title V, § 507, as added Oct. 18, 1972, Pub.L.
92-500, § 2, 86 Stat. 890. mm
§ 1368. Federal procurement—Contracts with violators HI
prohibited
(a) No Federal agency may enter into any contract with any •
person, who has been convicted of any offense under section HJ
1319(c) of this title, for the procurement of goods, materials, and
services if such contract is to be performed at any facility at mm
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which the violation which gave rise to such conviction occurred,
and if such facility is owned, leased, or supervised by such
person. The prohibition in the preceding sentence shall continue
until the Administrator certifies that the condition giving rise to
such conviction has been corrected.
Notification of agencies
(b) The Administrator shall establish procedures to provide
all Federal agencies with the notification necessary for the
purposes of subsection (a) of this section.
Implementation by Presidential order
(c) In order to implement the purposes and policy of this
chapter to protect and enhance the quality of the Nation's water,
the President shall, not more than one hundred and eighty days
after October 18, 1972, cause to be issued an order (1) requiring
each Federal agency authorized to enter into contracts and each
Federal agency which is empowered to extend Federal
assistance by way of grant, loan, or contract to effectuate the
purpose and policy of this chapter in such contracting or
assistance activities, and (2) setting forth procedures, sanctions,
penalties, and such other provisions, as the President
determines necessary to carry out such requirement.
Exemptions
(d) The President may exempt any contract, loan, or grant
from all or part of the provisions of this section where he
determines such exemption is necessary in the paramount
interest of the United States and he shall notify the Congress of
such exemption.
Annual report to Congress
(e) The President shall annually report to the Congress on
measures taken in compliance with the purpose and intent of
this section, including, but not limited to, the progress and
problems associated with such compliance.
June 30, 1948, c 758, Title V, § 508, as added Oct. 18, 1972, Pub.L.
92-500, § 2, 86 Stat. 891.
§ 1369. Administrative procedure and judicial review
(a) (1) For purposes of obtaining information under section
1315 of this title, or carrying out section 1367(e) of this title, the
Administrator may issue subpenas for the attendance and
testimony of witnesses and the production of relevant papers,
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books, and documents, and he may administer oaths. Except for
effluent data, upon a showing satisfactory to the Administrator
that such papers, books, documents, or information or particular
part thereof, if made public, would divulge trade secrets or secret
processes, the Administrator shall consider such record, report,
or information or particular portion thereof confidential in
accordance with the purposes of section 1905 of Title 18, except •
that such paper, book, document, or information may be dis- H
closed to other officers, employees, or authorized representatives
of the United States concerned with carrying out this chapter,
or when relevant in any proceeding under this chapter. Wit- H
nesses summoned shall be paid the same fees and mileage that "
are paid witnesses in the courts of the United States. In case
of contumacy 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 application 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
before the Administrator, to appear and produce papers, books,
and documents before the Administrator, or both, and any H
failure to obey such order of the court may be punished by such H
court as a contempt thereof.
(2) The district courts of the United States are authorized,
upon application by the Administrator, to issue subpenas for
attendance and testimony of witnesses and the production of
relevant papers, books, and documents, for purposes of obtaining
information under sections 1314(b) and (c) of this title. Any
papers, books, documents, or other information or part thereof,
obtained by reason of such a subpena shall be subject to the same
requirements as are provided in paragraph (1) of this subsection.
(b) (1) Review of the Administrator's action (A) in
promulgating any standard of performance under section 1316 of
this title, (B) in making any determination pursuant to section
1316(b) (1) (C) of this title, (C) in promulgating any effluent
standard, prohibition, or pretreatment standard under section
1317 of this title, (D) in making any determination as to a State
permit program submitted under section 1342(b) of this title, (E)
in approving or promulgating any effluent limitation or other
limitation under section 1311, 1312, or 1316 of this title, and (F) in
issuing or denying any permit under section 1342 of this title,
may be had by any interested person in the Circuit Court of
Appeals of the United States for the Federal judicial district in
which such person resides or transacts such business upon _
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application by such person. Any such application shall be made
within ninety days from the date of such determination,
approval, promulgation, issuance or denial, or after such date
only if such application is based solely on grounds which arose
after such ninetieth day.
(2) Action of the Administrator with respect to which review
could have been obtained under paragraph (1) of this subsection
shall not be subject to judicial review in any civil or criminal
proceeding for enforcement.
(c) In any judicial proceeding brought under subsection (b) of
this section in which review is sought of a determination under
this chapter required to be made on the record after notice and
opportunity for hearing, if any party applies to the court for
leave to adduce additional evidence, and shows to the
satisfaction of the court that such additional evidence is material
and that there were reasonable grounds for the failure to adduce
such evidence in the proceeding before the Administrator, the
court may order such additional evidence (and evidence in
rebuttal thereof) to be taken before the Administrator, in such
manner and upon such terms and conditions as the court may
deem proper. The Administrator may modify his findings as to
the facts, or make new findings, by reason of the additional
evidence so taken and he shall file such modified or new findings,
and his recommendation, if any, for the modification or setting
aside of his original determination, with the return of such
additional evidence.
June 30, 1948, c 758, Title V, § 509, as added Oct. 18, 1972, Pub.L.
92-500, § 2, 86 Stat. 891 and amended Dec. 28,1973, Pub.L. 93-207,
§ (6), 87 Stat. 906.
§ 1370. State authority
Exept as expressly provided in this chapter, nothing in this
chapter shall (1) preclude or deny the right of any State or
political subdivision thereof or interstate agency to adopt or
enforce (A) any standard or limitation respecting discharges of
pollutants, or (B) any requirement respecting control or
abatement of pollution; except that if an effluent limitation, or
other limitation, effluent standard, prohibition, pretreatment
standard, or standard of performance is in effect under this
chapter, such State or political subdivision or interstate agency
may not adopt or enforce any effluent limitation, or other
limitation, effluent standard, prohibition, pretreatment
standard, or standard of performance which is less stringent
than the effluent limitation, or other limitation, effluent
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(B) authorize any such agency to impose, as a condition
precedent to the issuance of any license or permit, any effluent
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standard, prohibition, pretreatment standard, or standard of
performance under this chapter; or (2) be construed as impairing
or in any manner affecting any right or jurisdiction of the States
with respect to the waters (including boundary waters) of such
States.
June 30, 1948, c 758, Title V, § 510, as added Oct. 18, 1972, Pub.L.
92-500, § 2, 86 Stat. 893.
§ 1371. Authority under other laws and regulations
(a) This chapter shall not be construed as (1) limiting the
authority or functions of any officer or agency of the United
States under any other law or regulation not inconsistent with
this chapter; (2) affecting or impairing the authority of the
Secretary of the Army (A) to maintain navigation or (B) under
the Act of March 3, 1899; except that any permit issued under
section 1344 of this title shall be conclusive as to the effect on
water quality of any discharge resulting from any activity
subject to section 403 of this title, or (3) affecting or impairing the IH
provisions of any treaty of the United States. •
(b) Discharges of pollutants into the navigable waters
subject to the Eivers and Harbors Act of 1910 and the •
Supervisory Harbors Act of 1888 shall be regulated pursuant to •
this chapter, and not subject to such Act of 1910 and the Act of
1888 except as to effect on navigation and anchorage.
(c) (1) Except for the provision of Federal financial •
assistance for the purpose of assisting the construction of ••
publicly owned treatment works as authorized by section 1281 of
this title, and the issuance of a permit under section 1342 of this
title for the discharge of any pollutant by a new source as defined
in section 1316 of this title, no action of the Administrator taken
pursuant to this chapter shall be deemed a major Federal action
significantly affecting the quality of the human environment
within the meaning of the National Environmental Policy Act of
1969; and
(2) Nothing in the National Environmental Policy Act of 1969
shall be deemed to—
(A) authorize any Federal agency authorized to license or
permit the conduct of any activity which may result in the
discharge of a pollutant into the navigable waters to review
any effluent limitation or other requirement established
pursuant to this chapter or the adequacy of any certification
under section 1341 of this title; or •
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limitation other than any such limitation established
pursuant to this chapter.
(d) Notwithstanding this chapter or any other provision of
law, the Administrator (1) shall not require any State to consider
in the development of the ranking in order of priority of needs for
the construction of treatment works (as defined in subchapter II
of this chapter), any water pollution control agreement which
may have been entered into between the United States and any
other nation, and (2) shall not consider any such agreement in
the approval of any such priority ranking.
June 30,1948, c 758, Title V, § 511, as added Oct. 18, 1972, Pub.L.
92-500, § 2, 86 Stat. 893, and amended Jan. 2,1974, Pub.L. 93-243,
§ 3, 87 Stat. 1069.
§ 1372. Labor standards
The Administrator shall take such action as may be necessary
to insure that all laborers and mechanics employed by
contractors or subcontractors on treatment works for which
grants are made under this chapter shall be paid wages at rates
not less than those prevailing for the same type of work on
similar construction in the immediate locality, as determined by
the Secretary of Labor, in accordance with the Davis-Bacon Act.
The Secretary of Labor shall have, with respect to the labor
standards specified in this subsection, the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950
and section 276c of Title 40.
June 30,1948, c. 758, Title V, § 513, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 894.
§ 1373. Public health agency coordination
The permitting agency under section 1342 of this title shall
assist the applicant for a permit under such section in coordinat-
ing the requirements of this chapter with those of the appropri-
ate public health agencies.
June 30, 1948, c. 758, Title V, § 514, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 894.
§ 1374. Effluent Standards and Water Quality Information
Advisory Committee—Establishment; membership; term
(a) (1) There is established an Effluent Standards and
Water Quality Information Advisory Committee, which shall be
composed of a Chairman and eight members who shall be
appointed by the Administrator within sixty days after October
18, 1972.
(2) All members of the Committee shall be selected from the
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scientific community, qualified by education, training, and H
experience to provide, assess, and evaluate scientific and
technical information on effluent standards and limitations.
(3) Members of the Committee shall serve for a term of four H
years, and may be reappointed. Hi
Action on proposed regulations
(b) (1) No later than one hundred and eighty days prior to
the date on which the Administrator is required to publish any
proposed regulations required by section 1314 (b) of this title, any
proposed standard of performance for new sources required by
section 1316 of this title, or any proposed toxic effluent standard
required by section 1317 of this title, he shall transmit to the
Committee a notice of intent to propose such regulations. The
Chairman of the Committee within ten days after receipt of such
notice may publish a notice of a public hearing by the Committee,
to be held within thirty days.
(2) No later than one hundred and twenty days after receipt
of such notice, the Committee shall transmit to the
Administrator such scientific and technical information as is in
its possession, including that presented at any public hearing,
related to the subject matter contained in such notice.
(3) Information so transmitted to the Administrator shall
constitute a part of the administrative record and comments on
any proposed regulations or standards as information to be
considered with other comments and information in making any
final determinations.
(4) In preparing information for transmittal, the Committee
shall avail itself of the technical and scientific services of any
Federal agency, including the United States Geological Survey _
and any national environmental laboratories which may be •
established.
Secretary; legal counsel; compensation II
(c) (1) The Committee shall appoint and prescribe the duties ™
of a Secretary, and such legal counsel as it deems necessary. The
Committee shall appoint such other employees as it deems Hj
necessary to exercise and fulfill its powers and responsibilities. •
The compensation of all employees appointed by the Committee
shall be fixed in accordance with chapter 51 and subchapter III
of chapter 53 of Title 5.
(2) Members of the Committee shall be entitled to receive
compensation at a rate to be fixed by the President but not in
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excess of the maximum rate of pay for grade GS-18, as provided
in the General Schedule under section 5332 of Title 5.
Quorum; special panel
(d) Five members of the Committee shall constitute a
quorum, and official actions of the Committee shall be taken only
on the affirmative vote of at least five members. A special panel
composed of one or more members upon order of the Committee
shall conduct any hearing authorized by this section and submit
the transcript of such hearing to the entire Committee for its
action thereon.
Rules
(e) The Committee is authorized to make such rules as are
necessary for the orderly transaction of its business.
June 30,1948, c. 758, Title V, § 515, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 894.
§ 1375. Reports to Congress
(a) Within ninety days following the convening of each
session of Congress, the Administrator shall submit to the
Congress a report, in addition to any other report required by
this chapter, on measures taken toward implementing the
objective of this chapter, including, but not limited to, (1) the
progress and problems associated with developing
comprehensive plans under section 1252 of this title, areawide
plans under section 1288 of this title, basin plans under section
1289 of this title, and plans under section 1313(e) of this title; (2) a
summary of actions taken and results achieved in the field of
water pollution control research, experiments, studies, and
related matters by the Administrator and other Federal
agencies and by other persons and agencies under Federal
grants or contracts; (3) the progress and problems associated
with the development of effluent limitations and recommended
control techniques; (4) the status of State programs, including a
detailed summary of the progress obtained as compared to that
planned under State program plans for development and
enforcement of water quality requirements; (5) the
identification and status of enforcement actions pending or
completed under this chapter during the preceding year; (6) the
status of State, interstate, and local pollution control programs
established pursuant to, and assisted by, this chapter; (7) a
summary of the results of the survey required to be taken under
section 1290 of this title; (8) his activities including
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recommendations under sections 1259 through 1261 of this title; H
and (9) all reports and recommendations made by the Water ^"
Pollution Control Advisory Board, (b) (1) The
Administrator, in cooperation with the States, including water
pollution control agencies and other water pollution control
planning agencies, shall make (A) a detailed estimate of the cost
of carrying out the provisions of this chapter; (B) a detailed
estimate, biennially revised, of the cost of construction of all
needed publicly owned treatment works in all of the States and of
the cost of construction of all needed publicly owned treatment
works in each of the States; (C) a comprehensive study of the
economic impact on affected units of government of the cost of
installation of treatment facilities; and (D) a comprehensive
analysis of the national requirements for and the cost of treating
municipal, industrial, and other effluent to attain the water
quality objectives as established by this chapter or applicable
State Law. The Administrator shall submit such detailed
estimate and such comprehensive study of such cost to the
Congress no later than February 10 of each odd-numbered year.
Whenever the Administrator, pursuant to this subsection,
requests and receives an estimate of cost from a State, he shall
furnish copies of such estimate together with such detailed
estimate to Congress.
(2) Notwithstanding the second sentence of paragraph (1) of
this subsection, the Administrator shall make a preliminary
detailed estimate called for by subparagraph (B) of such
paragraph and shall submit such preliminary detailed estimate
to the Congress no later than September 3, 1974. The
Administrator shall require each State to prepare an estimate of
cost for such State, and shall utilize the survey form EPA-1,
O.M.B. No. 158-R0017, prepared for the 1973 detailed estimate,
except that such estimate shall include all costs of compliance
with section 1281 (g) (2) (A) of this title and water quality
standards established pursuant to section 1313 of this title, and
all costs of treatment works as defined in section 1292(2) of this
title, including all eligible costs of constructing sewage collection
systems and correcting excessive infiltration or inflow and all
eligible costs of correcting combined storm and sanitary sewer H
problems and treating storm water flows. The survey form shall ••
be distributed by the Administrator to each State no later than
January 31,1974. Juno 30,1948, c. 758, Title V, § 516, as added Oct.
18,1972, Pub.L. 92-500, § 2,86 Stat. 895, and amended Jan. 2,1974,
Pub.L. 93-243, § 4, 87 Stat. 1069.
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§ 1376. Authorization of appropriations
There are authorized to be appropriated to carry out this
chapter, other than sections 1254,1255,1256(a), 1257,1258,1262,
1263,1264,1265,1286,1287,1288(f) and (h), 1289,1314,1321(c), (d),
(i), (I), and (k), 1324,1325, and 1327, $250,000,000 for the fiscal year
ending June 30,1973, $300,000,000 for the fiscal year ending June
30,1974, and $350,000,000 for the fiscal year ending June 30,1975.
June 30, 1948, c. 758, Title V, § 517, as added Oct. 18,1972, Pub.L.
92-500, § 2, 86 Stat. 896.
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POLLUTION OF THE SEA BY OIL
Sec.
1001. Definitions.
1002. Prohibition against discharge of oil or oily mixtures; permissible
discharges; regulations.
1003. Excepted discharges; securing safety of ship; prevention of damage to
ship or cargo; saving life; damaged ship or unavoidable leakage;
residue from purification or clarification.
1004 Excepted discharges; oily mixtures from bilges.
1004a. United States tankers; construction standards [New].
(a) Tank arrangement and tank size limitation pursuant to
provisions of annex C to the convention; building contracts
placed on or after effective date.
(b) Same; building contracts placed or keel laid before effective date.
(c) Domestic tankers without certificate of compliance or exemption
prohibited from engaging in domestic or foreign trade.
(d) Foreign tankers with foreign registry but without certificate of
compliance; consultation with foreign government; denial of
access.
(e) Foreign tankers without foreign registry; denial of access.
1005. Penalties for violations; liability of vessel.
1007. Personnel for enforcement of provisions; arrest of offenders and
procedure; ship fittings and equipment; civil penalty.
1008. Oil record book.
(a) Printing; regulations by Secretary.
(b) Book supplied without charge; inspection and surrender.
(c) Operations requiring recordation.
(d) Entries; signatures.
(e) Rules and regulations.
(f) Penalties.
1009. Regulations.
1010. Boarding of ships; production of records; evidence of violations by
foreign ships.
1011. Repealed.
1012. Repealed.
1013. Appropriations.
1014. Effect on other laws.
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1015. Repealed
1016. Effective date of 1973 Amendments
[New].
(a) General provision.
(b) Savings provision.
(c) Special provision.
§ 1001. Definitions
As used in this chapter, unless the context otherwise
requires—
(a) The term "convention" means the International
Convention for the Prevention of the Pollution of the Sea by Oil,
1954, as amended;
(b) The term "discharge" in relation to oil or to an oily
mixture means any discharge or escape howsoever caused;
(c) The term "instantaneous rate of discharge of oil content"
means the rate of discharge of oil in liters per hour at any instant
divided by the speed of the ship in knots at the same instant;
(d) The term "heavy diesel oil" means diesel oil, other than
those distillates of which more than 50 per centum, by volume
distills at a temperature not exceeding three hundred and forty
degrees centigrade when tested by American Society for
Testing and Materials standard method D. 86/59;
(e) The term "mile" means a nautical mile of six thousand and
eighty feet or one thousand eight hundred and fifty-two meters;
(f) The term "oil" means crude oil, fuel oil, heavy diesel oil,
and lubricating oil, and "oily" shall be construed accordingly; an
"oily mixture" means a mixture with any oil content;
(g) The term "person" means an individual, partnership,
corporation, or association; and any owner, operator, agent,
master, officer, or employee of a ship;
(h) The term "Secretary" means the Secretary of the
department in which the Coast Guard is operating;
(i) The term "ship", subject to the exceptions provided in
paragraph (1) of this subsection, means any seagoing vessel of
any type whatsoever of American registry or nationality,
including floating craft, whether self-propelled or towed by
another vessel making a sea voyage; and "tanker", as a type
included within the term "ship", means a ship in which the
greater part of the cargo space is constructed or adapted for the
carriage of liquid cargoes in bulk and which is not, for the time
being, carrying a cargo other than oil in that part of its cargo
space.
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(1) The following categories of vessels are excepted from all
provisions of this chapter:
(i) tankers of under one hundred and fifty tons gross
tonnage and other ships of under five hundred tons gross
tonnage.
(ii) ships for the time being engaged in the whaling
industry when actually employed on whaling operations.
(iii) ships for the time being navigating the Great Lakes of
North America and their connecting and tributary waters as
far east as the lower exit of Saint Lambert lock at Montreal in
the Province of Quebec, Canada.
(iv) naval ships and ships for the time being used as naval
auxiliaries.
(j) The term "from the nearest land" means from the baseline
from which the territorial sea of the territory in question is
established in accordance with the Geneva Convention on the
Territorial Sea and the Contiguous Zone, 1958; except that, for
the purpose of this chapter "from the nearest land" off the
northeastern coast of Australia means a line drawn from a point
on the coast of Australia in latitude 11 degrees south, longitude
142 degrees 08 minutes east to a point in latitude 10 degrees 35
minutes south, longitude 141 degrees 55 minutes east—
thence to a point latitude 10 degrees 00 minutes south,
longitude 142 degrees 00 minutes east;
thence to a point latitude 9 degrees 10 minutes south,
longitude 143 degrees 52 minutes east;
thence to a point latitude 9 degrees 00 minutes south,
longitude 144 degrees 30 minutes east;
thence to a point latitude 13 degrees 00 minutes south,
longitude 144 degrees 00 minutes east;
thence to a point latitude 15 degrees 00 minutes south,
longitude 146 degrees 00 minutes east;
thence to a point latitude 18 degrees 00 minutes south,
longitude 147 degrees 00 minutes east;
thence to a point latitude 21 degrees 00 minutes south,
longitude 153 degrees 00 minutes east;
thence to a point on the coast of Australia in latitude 24
degrees 42 minutes south, longitude 153 degrees 15 minutes east.
As amended Pub.L. 93-119, § 2(1), Oct. 4, 1973, § 7 Stat. 424.
§ 1002. Prohibition against discharge of oil or oily mixtures;
permissible discharges
Subject to the provisions of sections 1003 and 1004 of this title,
the discharge of oil or oily mixture from a ship is prohibited
unless—
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(a) the ship is proceeding en route; and mm
(b) the instantaneous rate of discharge of oil content does
not exceed sixty liters per mile, and
(c) (1) for a ship, other than a tanker— Hj
(i) the oil content of the discharge is less than one •
hundred parts per one million parts of the mixture, and
(ii) the discharge is made as far as practicable from the mm
nearest land; •
(2) for a tanker, except discharges from machinery space
bilges which shall be governed by the above provisions for
ships other than tankers—
(i) the total quantity of oil discharged on a ballast voyage
does not exceed one fifteen-thousandths of the total
cargo-carrying capacity, and
(ii) the tanker is more than fifty miles from the nearest
land.
Pub.L.87-167, § 3, Aug. 30,1961, 75 Stat. 402; Pub.L. 89-551, § 1(3),
Sept. 1, 1966, 80 Stat. 373, and amended, Oct. 4, 1973, Pub.L.
93-119, §2(2), 87 Stat. 425.
§ 1003. Excepted discharges; securing safety of ship;
prevention of damage to ship or cargo; saving life; damaged ship or
unavoidable leakage
Section 1002 of this title does not apply to—
(a) the discharge of oil or oily mixture from a ship for the
purpose of securing the safety of a ship, preventing damage to
a ship or cargo, or saving life at sea; or
(b) the escape of oil, or of oily mixture, resulting from
damage to a ship or unavoidable leakage, if all reasonable
precautions have been taken after the occurrence of the
damage or discovery of the leakage for the purpose of
preventing or minimizing the escape.
(c) Repealed. Pub.L. 93-119, § 2(3)(C), Oct. 4, 1973, 87 Stat.
425. mm
As amended Pub. L. 93-119, § 2(3), Oct. 4, 1973, 87 Stat. 425. •
§ 1004. Excepted discharges; tanker ballast from cargo tank
Section 1002 of this title does not apply to the discharge of H
tanker ballast from a cargo tank which, since the cargo was last ••
carried therein, has been so cleaned that any effluent therefrom,
if it were discharged from a stationary tanker into clean calm
water on a clear day, would produce no visible traces of oil on the
surface of the water.
As amended Pub.L. 93-119 § 2(4), Oct. 4, 1973, 87 Stat. 425. _
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§ 1004a. United States tankers; construction standards—Tank
arrangement and tank size limitation pursuant to provisions of
annex C to the convention; building contracts placed on or after
effective date
(a) Every tanker to which this chapter applies and built in the
United States and for which the building contract is placed on or
after the effective date of this section shall be constructed in
accordance with the provisions of annex C to the convention,
relating to tank arrangement and limitation of tank size.
Same; building contracts placed or keel laid before effective date
(b) Every tanker to which this chapter applies and built in the
United States and for which the building contract is placed, or in
the absence of a building contract the keel of which is laid or
which is at a similar state of construction, before the effective
date of this section, shall, within two years after that date,
comply with the provisions of annex C of the convention if—
(1) the delivery of the tanker is after January 1, 1977; or
(2) the delivery of the tanker is not later than January 1,
1977, and the building contract is placed after January 1,1972,
or in cases where no building contract has previously been
placed, the keel is laid or the tanker is at a similar stage of
construction, after June 30, 1972.
Domestic tankers without certificate of compliance or exemption
prohibited from engaging in domestic or foreign trade
(c) A tanker required under this section to be constructed in
accordance with annex C to the convention and so constructed
shall carry on board a certificate issued by the Secretary
attesting to that compliance. A tanker which is not required to be
constructed in accordance with annex C to the convention shall
carry on board a certificate to that effect issued by the Secretary,
or if a tanker does comply with annex C though not required to do
so, she may carry on board a certificate issued by the Secretary
attesting to that compliance. Tankers under the flag of the
United States are prohibited from engaging in domestic or
foreign trade without an appropriate certificate issued under
this section.
Foreign tankers with foreign registry but without certificate of compliance;
consultation with foreign government; denial of access
(d) Certificates issued to foreign tankers pursuant to the
convention by other nations party thereto shall be accepted by
74 Rev.-211
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Liability of vessel; venue
(c) A ship from which oil or oily mixture is discharged in
violation of this chapter or any regulation thereunder is liable
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the Secretary as of the same force as certificates issued by him. If
the Secretary has clear grounds for believing that a foreign
tanker required under the convention to be constructed in
accordance with annex C entering ports of the United States or
using offshore terminals under United States control does not in
fact comply with annex C, he may request the Secretary of State
to seek consultation with the government with which the tanker
is registered. If after consultation or otherwise, the Secretary is
satisfied that such tanker does not comply with annex C, he may
for this reason deny such tanker access to ports of the United
States or to offshore terminals under United States control until
such time as he is satisfied that the tanker has been brought into
compliance.
Foreign tankers without foreign registry; denial of access II
(e) If the Secretary is satisfied that any other foreign tanker
which, if registered in a country party to the convention, would
be required to be constructed in accordance with annex C, does •
not in fact comply with the standards relating to tank Hi
arrangement and limitation of tank size of annex C, then he may
deny such tanker access to ports of the United States or to
offshore terminals under United States control.
Pub.L. 87-167, § 6, as added Pub.L. 93-119, § 2(5), Oct. 4, 1973, 87
Stat. 425.
§ 1005. Penalties for violations—Criminal penalties for willful
violations; separate violations
(a) Any person who wilfully discharges oil or oily mixture ••
from a ship in violation of this chapter or the regulations H
thereunder shall be fined not more than $10,000 for each
violation or imprisoned not more than one year, or both. —
Civil penalties for willful or negligent and other violations; II
separate violations
(b) In addition to any other penalty prescribed by law any
person who willfully or negligently discharges oil or oily mixture
from a ship in violation of this chapter or any regulation
thereunder shall be liable to a civil penalty of not more than
$10,000 for each violation, and any person who otherwise violates H
this chapter or any regulation thereunder shall be liable to a civil mm
penalty of not more than $5,000 for each violation.
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for any pecuniary penalty under this section and may be
proceeded against in the district court of any district in which
the vessel may be found.
Administrative proceedings: assessment of civil penalties; remission, mitigation, or
compromise of any penalty; notice and hearing; judicial proceedings: civil actions by
Attorney General for collection of penalties; trial de novo
(d) The Secretary may assess any civil penalty incurred
under this chapter or any regulation thereunder and, in his
discretion, remit, mitigate, or compromise any penalty. No
penalty may be assessed unless the alleged violator shall have
been given notice and the opportunity to be heard on the alleged
violation. Upon any failure to pay a civil penalty assessed under
this chapter, the Secretary may request the Attorney General to
institute a civil action to collect the penalty. In hearing such
action, the district court shall have authority to review the
violation and the assessment of the civil penalty de novo.
Pub.L. 87-167, § 7, formerly § 6, Aug. 30, 1961, 75 Stat. 403,
renumbered and amended Pub.L. 93-119, § 2(6), Oct. 4, 1973, 87
Stat. 426.
§ 1006. Suspension or revocation of license of officers of
offending vessels
Pub.L. 93-119. § 2(7). Oct. 4, 1973, 87 Stat. 427, renumbered
section 7 to be 8 of Pub.L. 87-167, Aug. 30, 1961, 75 Stat. 403.
§ 1007. Personnel for enforcement of provisions; arrest of
offenders and procedure; ship fittings and equipment
(a) In the administration of sections 1001 to 1010 of this title,
the Secretary may utilize by agreement, with or without
reimbursement, law enforcement officers or other personnel,
facilities, or equipment of other Federal agencies or the States.
For the better enforcement of the provisions of said sections,
officers of the Coast Guard and other persons employed by or
acting under the authority of the Secretary shall have power and
authority and it shall be their duty to swear out process and to
arrest and take into custody, with or without process, any person
who may violate any of said provisions: Provided, That no person
shall be arrested without process for a violation not committed in
the presence of some one of the aforesaid officials: And provided
further, That whenever any arrest is made under the provisions
of said sections the person so arrested shall be brought forthwith
before a commissioner, judge, or court of the United States for
examination of the offenses alleged against him; and such
commissioner, judge, or court shall proceed in respect thereto as
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the latter has been entered in the appropriate logbook;
(2) for ships other than tankers—
(i) ballasting or cleaning of bunker fuel tanks;
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authorized by law in cases of crimes against the United States. H
Representatives of the Secretary and of the Coast Guard of the ^"
United States may go on board and inspect any ship as may be
necessary for enforcement of this chapter. H|
(b) To implement article VII of the convention, ship fittings •}
and equipment, and operating requirements thereof, shall be in
accordance with regulations prescribed by the Secretary. ••
Pub.L. 87-167, § 9, formerly § 8, Aug. 30, 1961, 75 Stat. 403, •
renumbered and amended Pub.L. 93-119, § 2(8) Oct. 4, 1973, 87
Stat. 427.
§ 1008. Oil record book—Printing; regulations by Secretary B|
(a) The Secretary shall have printed separate oil record
books, containing instructions and spaces for inserting
information in the form prescribed by the Convention, which
shall be published in regulations prescribed by the Secretary.
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Book supplied without charge, inspection and surrender
(b) If subject to this chapter, every ship using oil fuel and
every tanker shall be provided, without charge, an oil record
book which shall be carried on board. The provisions of section
140 of Title 5 shall not apply. The ownership of the booklet shall
remain in the United States Government. This book shall be
available for inspection as provided in this chapter and for
surrender to the United States Government pursuant to
regulations of the Secretary.
(c) The oil record book shall be completed on each occasion, on
a tank-to-tank basis, whenever any of the following operations
take place in the ship:
(1) for tankers—
(i) loading of oil cargo;
(ii) transfer of oil cargo during voyage;
(iii) discharge of oil cargo;
(iv) ballasting of cargo tanks;
(v) cleaning of cargo tanks;
(vi) discharge of dirty ballast;
(vii) discharge of water from slop tanks;
(viii) disposal of residues;
(ix) discharge overboard of bilge water containing oil which
has accumulated in machinery spaces while in port, and the
routine discharge at sea of bilge water containing oil unless H
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(ii) discharge of dirty ballast or cleaning water from bunker
fuel tanks;
(iii) disposal of residues;
(iv) discharge overboard of bilge water containing oil which
has accumulated in machinery spaces while in port, and the
routine discharge at sea of bilge water containing oil unless
the latter has been entered in the appropriate logbook. In
the event of such discharge or escape of oil or oily mixture as
is referred to in section 1003 of this title, a statement shall be
made in the oil record book of the circumstances of, and
reason for, the discharge or escape.
Entries; signatures
(d) Each operation described in subsection (c) of this section
shall be fully recorded without delay in the oil record book so that
all the entries in the book appropriate to that operation are
completed. Each page of the book shall be signed by the officer or
officers in charge of the operations concerned and, when the ship
is manned, by the master of the ship.
Rules and regulations
(e) Oil record books shall be kept in such manner and for such
length of time as set forth in the regulations prescribed by the
Secretary.
(f) Repealed. Pub.L. 93-119, § 2(9) (C(, Oct. 4,1973, 87 Stat. 428.
Pub.L. 87-167, § 10, formerly, § 9, Aug. 30, 1961, 75 Stat. 404,
amended Pub.L. 89-551, § 1(6), Sept. 1, 1966, 80 Stat. 374, re-
numbered and amended Pub.L. 93-119, § 2(9), Oct. 4,1973,87 Stat.
427.
§ 1009. Regulations
The Secretary may make regulations for the administration of
sections 1002,1003,1004,1004a, 1005,1007, and 1008 of this title.
Pub.L. 87-167, § 11, formerly § 10, Aug. 30, 1961, 75 Stat. 404,
amended Pub.L. 89-551, § 1(7), Sept. 1, 1966, 80 Stat. 375,
renumbered and amended Pub.L. 93-119, § 2(10), Oct. 4,1973, 87
Stat. 428.
§ 1010. Boarding of ships; production of records; evidence of
violations by foreign ships
(a) The Secretary may make regulations empowering such
persons as may be designated to go on board any ship to which
the convention applies, while the ship is within the territorial
jurisdiction of the United States, and to require production of
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any records required to be kept in accordance with the
convention.
(b) Should evidence be obtained that a ship registered in
another country party to the convention has discharged oil in
violation of the convention but outside the territorial sea of the
United States such evidence should be forwarded to the State
Department for action in accordance with article X of the «
convention. mm
Pub.L. 87-167, § 12, formerly § 11, Aug. 30, 1961, 75 Stat. 404, 9M
renumbered and amended Pub.L. 93-119, § 2(11), Oct. 4,1973, 87
Stat. 428. •
§ 1011. Repealed. Pub.L. 93-119, §2(12), Oct. 4,1973,87 Stat. 428
§ 1012. Repealed. Pub.L.89-551, § 1(9), Sept. 1,1966, 80 Stat. 375
§ 1013. Appropriations
Pub.L. 93-119, § 2(13), Oct. 4, 1973, 87 of Pub.L. 87-167, Aug. 30,
1961, 75 Stat. Stat. Stat. 428 renumbered section 14 to be 13 407.
§ 1014. Effect on other laws
Nothing in this chapter or in regulations issued hereunder
shall be construed to modify or amend the provisions of section
1321 of this title or of section 89 of Title 14.
Pub.L. 87-167, § 15, formerly § 16, Aug. 30, 1961, 75 Stat. 407,
renumbered and amended Pub.L. 93-119, § 2(14), Oct. 4, 1973, 87
Stat. 428.
§ 1015. Repealed. Pub.L. 93-119, § 2(15), Oct. 4,1973,87 Stat. 428
§ 1016. Effective date of 1973 Amendments—General provision H
(a) Except as provided in subsection (c) of this section, this ^^
amending Act is effective upon the date of its enactment or upon
the date amendments to the International Convention for the H
Prevention of Pollution of the Sea by Oil, 1954, as amended, •
adopted by the Assembly of the Inter-Governmental Maritime
Consultative Organization on October 21,1969, October 12,1971,
and October 15,1971, are ratified or accepted with the advice and
consent of the Senate of the United States, whichever is the later
date.
Savings provision
(b) Any rights or liabilities existing on the effective date of
this Act shall not be affected by the enactment of this Act. Any
regulations or procedures promulgated or effected pursuant to
this chapter, as previously amended, remain in effect until
modified or superseded under the authority of this chapter, as
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amended by this Act. Any reference to the International
Convention for the Prevention of Pollution of the Sea by Oil, 1954,
in any law or regulation shall be deemed to be a reference to the
convention as revised or amended by the latest amendments in
respect of which the United States has deposited an instrument
of ratification or acceptance.
Special provision
(c) Notwithstanding the foregoing provisions of this section,
subsections (d) and (e) of section 1004a of this title, shall be
effective upon the date of their enactment or upon the date the
International Convention for the Prevention of Pollution of the
Sea by Oil, 1954, as amended by the amendments adopted by the
Assembly of the Inter-Governmental Marine Consultative
Organization on October 15, 1971, enters into force pursuant to
article XVI of that convention, as amended, whichever is later;
and no authority shall be exercised pursuant to article VI bis (3)
and (4) of such amendments prior to the effective date of such
subsections.
Pub.L. 93-119, § 3, Oct. 4, 1973, 87 Stat. 428.
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ADVANCES OF PUBLIC MONEYS; PROHIBITION AGAINST
31 § 529
No advance of public money shall be made in any case unless
authorized by the appropriation concerned or other law. And in
all cases of contracts for the performance of any service, or the
delivery of articles of any description, for the use of the United
States, payment shall not exceed the value of the service ren-
dered, or of the articles delivered previously to such payment. It
shall, however, be lawful, under the special direction of the
President, to make such advances to the disbursing officers of the
Government as may be necessary to the faithful and prompt dis-
charge of their respective duties, and to the fulfillment of the
public engagements. The President may also direct such advances
as he may deem necessary and proper, to persons in the military
and naval service employed on distant stations, where the dis-
charge of the pay and emoluments to which they may be entitled
cannot be regularly effected. R.S. § 3648; Aug. 2, 1946, c. 744,
§ 11, 60 Stat. 809.
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PUBLIC CONTRACTS: ADVERTISEMENTS FOR PROPOSALS
FOR PURCHASES AND CONTRACTS FOR SUPPLIES OR
SERVICES FOR GOVERNMENT DEPARTMENTS; APPLI-
CATION TO GOVERNMENT SALES AND CONTRACTS TO
SELL AND TO GOVERNMENT CORPORATIONS
41 §5
Unless otherwise provided in the appropriation concerned or
other law, purchases and contracts for supplies or services for the
government may be made or entered into only after advertising a
sufficient time previously for proposals, except (1) when the
amount involved in any one case does not exceed $2,500, (2) when
the public exigencies require the immediate delivery of the articles
or performance of the service, (3) when only one source of supply
is available and the Government purchasing or contracting officer
shall so certify, or (4) when the services are required to be per-
formed by the contractor in person and are (A) of a technical and
professional nature or (B) under Government supervision and
paid for on a time basis. Except (1) as authorized by section 1638
of Appendix to Title 50, (2) when otherwise authorized by law, or
(3) when the reasonable value involved in any one case does not
exceed $500, sales and contracts of sale by the Government shall be
governed by the requirements of this section for advertising.
In the case of wholly owned Government corporations, this sec-
tion shall apply to their administrative transactions only. R.S.
§ 3709; Aug. 2, 1946, c. 744, § 9(a), (c), 60 Stat. 809; June 30,
1949, c. 288 Title VI, § 602(f), formerly Title V, § 502(e), 63 Stat.
400, renumbered Sept. 5, 1950, c. 849, §§ 6(a), (b), 8(c), 64 Stat.
583; Aug 28, 1958, Pub.L. 85-800, § 7, 72 Stat. 967.
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COURTS OF APPEALS; CERTIORARI; APPEAL;
CERTIFIED QUESTIONS
28 § 1254
Cases in the courts of appeals may be reviewed by the Supreme
Court by the following methods:
(1) By writ of certiorari granted upon the petition of any party
to any civil or criminal case, before or after rendition of judgment
or decree;
(2) By appeal by a party relying on a State statute held by a
court of appeals to be invalid as repugnant to the Constitution,
treaties or laws of the United States, but such appeal shall pre-
clude review by writ of certiorari at the instance of such appellant,
and the review on appeal shall be restricted to the Federal ques-
tions presented;
(3) By certification at any time by a court of appeals of any
question of law in any civil or criminal case as to which instruc-
tions are desired, and upon such certification the Supreme Court
may give binding instructions or require the entire record to be
sent up for decision of the entire matter in controversy. June 25,
1948, c. 646, 62 Stat. 928.
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THE DAVIS BACON ACT
§ 276a. Rate of wages for laborers and mechanics
(a) The advertised specifications for every contract in excess of
$2,000, to which the United States or the District of Columbia is a
party, for construction, alteration, and/or repair, including paint-
ing and decorating, of public buildings or public works of the
United States or the District of Columbia within the geographical
limits of the States of the Union, or the District of Columbia, and
which requires or involves the employment of mechanics and/or
laborers shall contain a provision stating the minimum wages to
be paid various classes of laborers and mechanics which shall be
based upon the wages that will be determined by the Secretary of
Labor to be prevailing for the corresponding classes of laborers
and mechanics employed on projects of a character similar to the
contract work in the city, town, village, or other civil subdivision
of the State, in which the work is to be performed, or in the Dis-
trict of Columbia if the work is to be performed there; and every
contract based upon these specifications shall contain a stipula-
tion that the contractor or his subcontractor shall pay all mechan-
ics and laborers employed directly upon the site of the work,
unconditionally and not less often than once a week, and without
subsequent deduction or rebate on any account, the full amounts
accrued at time of payment, computed at wage rates not less than
those stated in the advertised specifications, regardless of any
contractual relationship which may be alleged to exist between
the contractor or subcontractor and such laborers and mechanics,
and that the scale of wages to be paid shall be posted by the con-
tractor in a prominent and easily accessible place at the site of the
work; and the further stipulation that there may be withheld from
the contractor so much of accrued payments as may be con-
sidered necessary by the contracting officer to pay to laborers and
mechanics employed by the contractor or any subcontractor on
the work the difference between the rates of wages required by
the contract to be paid laborers and mechanics on the work and the
rates of wages received by such laborers and mechanics and not
refunded to the contractor, subcontractors, or their agents.
(b) As used in sections 276a to 276a—5 of this title the term
"wages", "scale of wages", "wage rates", "minimum wages", and
"prevailing wages" shall include—
(1) the basic hourly rate of pay; and
(2) the amount of—
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40 § 276a EPA CURRENT LAWS—WATER
(A) the rate of contribution irrevocably made by a
contractor or subcontractor to a trustee or to a third per-
son pursuant to a fund, plan, or program; and _
(B) the rate of costs to the contractor or subcontractor •
which may be reasonably anticipated in providing bene-
fits to laborers and mechanics pursuant to an enforcible
commitment to carry out a financially responsible plan •
or program which was communicated in writing to the Bl
laborers and mechanics affected,
for medical or hospital care, pensions on retirement or death,
compensation for injuries or illness resulting from occupa-
tional activity, or insurance to provide any of the foregoing,
for unemployment benefits, life insurance, disability and mm
sickness insurance, or accident insurance, for vacation and •
holiday pay, for defraying costs of apprenticeship or other
similar programs, or for other bona fide fringe benefits, but
only where the contractor or subcontractor is not required by
other Federal, State, or local law to provide any of such
benefits:
Provided, That the obligation of a contractor or subcontractor to
make payment in accordance with the prevailing wage determina-
tions of the Secretary of Labor, insofar as sections 276a to 276a—
5 of this title and other Acts incorporating sections 276a to 276a— M|
5 of this title by reference are concerned may be discharged by HJ
the making of payments in cash, by the making of contributions
of a type referred to in paragraph (2) (A), or by the assumption ^
of an enforcible commitment to bear the costs of a plan or pro- BJ
gram of a type referred to in paragraph (2) (B), or any combina-
tion thereof, where the aggregate of any such payments, con-
tributions, and costs is not less than the rate of pay described in
paragraph (1) plus the amount referred to in paragraph (2).
In determining the overtime pay to which the laborer or me-
chanic is entitled under any Federal law, his regular or basic
hourly rate of pay (or other alternative rate upon which premium
rate of overtime compensation is computed) shall be deemed to be
the rate computed under paragraph (1), except that where the
amount of payments, contributions, or costs incurred with respect
to him exceeds the prevailing wage applicable to him under sec-
tions 276a to 276a—5 of this title, such regular or basic hourly
rate of pay (or such other alternative rate) shall be arrived at by
deducting from the amount of payments, contributions, or costs
actually incurred with respect to him, the amount of contributions
or costs of the types described in paragraph (2) actually incurred •
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DAVIS-BACON ACT 40 § 276a
with respect to him, or the amount determined under paragraph
(2) but not actually paid, whichever amount is the greater.
Mar. 3, 1931, c. 411, § 1, 46 Stat. 1494; Aug. 30, 1935, c. 825, 49
Stat. 1011; June 15, 1940, c. 373, § 1, 54 Stat. 399; July 12, 1960,
Pub.L. 86-624, § 26, 74 Stat. 418; July 2, 1964, Pub.L. 88-349, § 1,
78 Stat. 238.
§ 276a—1. Termination of work on failure to pay agreed wages;
completion of work by Government
Every contract within the scope of sections 276a to 276a—5 of
this title shall contain the further provision that in the event it is
found by the contracting officer that any laborer or mechanic
employed by the contractor or any subcontractor directly on the
site of the work covered by the contract has been or is being paid
a rate'of wages less than the rate of wages required by the con-
tract to be paid as aforesaid, the Government may, by written
notice to the contractor, terminate his right to proceed with the
work or such part of the work as to which there has been a failure
to pay said required wages and to prosecute the work to comple-
tion by contract or otherwise, and the contractor and his sureties
shall be liable to the Government for any excess costs occasioned
the Government thereby.
Mar. 3, 1931, c. 411, § 2, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
§ 276a—2. Payment of wages by Comptroller General from
withheld payments; listing contractors violating contracts
(a) The Comptroller General of the United States is authorized
and directed to pay directly to laborers and mechanics from any
accrued payments withheld under the terms of the contract any
wages found to be due laborers and mechanics pursuant to sec-
tions 276a to 276a—5 of this title; and the Comptroller General
of the United States is further authorized and is directed to dis-
tribute a list to all departments of the Government giving the
names of persons or firms whom he has found to have disregarded
their obligations to employees and subcontractors. No contract
shall be awarded to the persons or firms appearing on this list or
to any firm, corporation, partnership, or association in which such
persons or firms have an interest until three years have elapsed
from the date of publication of the list containing the names of
such persons or firms.
(b) If the accrued payments withheld under the terms of the
contract, as aforesaid, are insufficient to reimburse all the laborers
and mechanics, with respect to whom there has been a failure to
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pay the wages required pursuant to sections 276a to 276a—5 of
this title, such laborers and mechanics shall have the right of
action and/or of intervention against the contractor and his
sureties conferred by law upon persons furnishing labor or ma- •
terials, and in such proceedings it shall be no defense that such •
laborers and mechanics accepted or agreed to accept less than the
required rate of wages or voluntarily made refunds. jjt
Mar. 3, 1931, c. 411, § 3, as added Aug. 30, 1935, c. 825, 49 Stat. ||
1011.
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§ 276a—3. Effect on other Federal laws
Sections 276a to 276a—5 of this title shall not be construed to
supersede or impair any authority otherwise granted by Federal
law to provide for the establishment of specific wage rates. ••
Mar. 3, 1931, c. 411, § 4, as added Aug. 30, 1935, c. 825, 49 Stat. •
1011.
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§ 276a—4. Effective date of sections 276a to 276a—5
Sections 276a to 276a—5 of this title shall take effect thirty
days after August 30, 1935, but shall not affect any contract then
existing or any contract that may thereafter be entered into pur- mm
suant to invitations for bids that are outstanding on August 30, •
1935. '
Mar. 3, 1931, c. 411, § 5, as added Aug. 30, 1935, c. 825, 49 Stat. —
1011. •
§ 276a—5. Suspension of sections 276a to 276a—5 during
emergency «
In the event of a national emergency the President is authorized •
to suspend the provisions of sections 276a to 276a—5 of this
title.
Mar. 3, 1931, c. 411, § 6, as added Aug. 30, 1935, c. 825, 49 Stat. •
1011. •
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PER DIEM, TRAVEL, AND TRANSPORTATION EXPENSES;
EXPERTS AND CONSULTANTS; INDIVIDUALS SERV-
ING WITHOUT PAY
5 § 5703
(a) For the purpose of this section, "appropriation" includes
funds made available by statute under section 849 of title 31.
(b) An individual employed intermittently in the Government
service as an expert or consultant and paid on a daily when-
actually-employed basis may be allowed travel expenses under this
subchapter while away from his home or regular place of busi-
ness, including a per diem allowance under this subchapter while
at his place of employment.
(c) An individual serving without pay or at $1 a year may be
allowed transportation expenses under this subchapter and a per
diem allowance under this section while en route and at his place
of service or employment away from his home or regular place
of business. Unless a higher rate is named in an appropriation or
other statute, the per diem allowance may not exceed—
(1) the rate of $25 for travel inside the continental United
States; and
(2) the rates established under section 5702 (a) of this title
for travel outside the continental United States.
(d) Under regulations prescribed under section 5707 of this
title, the head of the agency concerned may prescribe conditions
under which an individual to whom this section applies may be
reimbursed for the actual and necessary expenses of the trip, not
to exceed an amount named in the travel authorization, when the
maximum per diem allowance would be much less than these ex-
penses due to the unusual circumstances of the travel assignment.
The amount named in the travel authorization may not exceed—
(1) $40 for each day in a travel status inside the conti-
nental United States; or
(2) the maximum per diem allowance plus $18 for each day
in a travel status outside the continental United States.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 499, amended Pub.L. 91-
114, § 2, Nov. 10,1969, 83 Stat. 190.
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1909 BOUNDARY WATERS TREATY
BETWEEN CANADA AND THE UNITED STATES
Treaty between the United States and Great Britain relating to
boundary waters between the United States and Canada. Signed
at Washington, January 11, 1909; ratification advised by the
Senate, March 3, 1909; ratified by the President, April 1, 1910;
ratified by Great Britain, March 31, 1910; ratification ex-
changed at Washington, May 5, 1910; proclaimed, May 13,
1910.
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.
A Proclamation.
Whereas a Treaty between the United States of America and
His Majesty the King of the United Kingdom of Great Britain and
Ireland and of the British Dominions beyond the Seas, Emperor
of India, to prevent disputes regarding the use of boundary waters
and to settle all questions which are now pending between the
United States and the Dominion of Canada involving the rights,
obligations, or interests of either in relation to the other or to the
inhabitants of the other, along their common frontier, and to
make provision for the adjustment and settlement of all such
questions as may hereafter arise, was concluded and signed by
their respective Plenipotentiaries at Washington on the eleventh
day of January, one thousand nine hundred and nine, the original
of which Treaty is word for word as follows:
The United States of America and His Majesty the King of the
United Kingdom of Great Britain and Ireland and of the British
Dominions beyond the Seas, Emperor of India, being equally de-
sirous to prevent disputes regarding the use of boundary waters
and to settle all questions which are now pending between the
United States and the Dominion of Canada involving the rights,
obligations, or interests of either in relation to the other or to the
inhabitants of the other, along their common frontier, and to
make provision for the adjustment and settlement of all such
questions as may hereafter arise, have resolved to conclude a
treaty in furtherance of these ends, and for that purpose have
appointed as their respective plenipotentiaries:
The President of the United States of America, Elihu Root,
Secretary of State of the United States; and
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Art. I EPA CURRENT LAWS—WATER
His Britannic Majesty, the Right Honorable James Bryce, 0. M.,
his Ambassador Extraordinary and Plenipotentiary at Washing-
ton;
Who, after having communicated to one another their full
powers, found in good and due form, have agreed upon the
following articles:
PRELIMINARY ARTICLE.
For the purposes of this treaty boundary waters are defined as
the waters from main shore to main shore of the lakes and rivers
and connecting waterways, or the portions thereof, along which
the international boundary between the United States and the
Dominion of Canada passes, including all bays, arms, and inlets ••
thereof, but not including tributary waters which in their natural •
channels would flow into such lakes, rivers and waterways, or
the waters of rivers flowing across the boundary.
ARTICLE I.
The High Contracting Parties agree that the navigation of all gnj
navigable boundary waters shall forever continue free and open •
for the purposes of commerce to the inhabitants and to the ships,
vessels, and boats of both countries equally, subject, however, to
any laws and regulations of either country, within its own terri-
tory, not inconsistent with such privilege of free navigation and
applying equally and without discrimination to the inhabitants,
ships, vessels, and boats of both countries.
It is further agreed that so long as this treaty shall remain in
force, this same right of navigation shall extend to the waters of
Lake Michigan and to all canals connecting boundary waters, and
now existing or which may hereafter be constructed on either
side of the line. Either of the High Contracting Parties may adopt
rules and regulations governing the use of such canals within its
own territory and may charge tolls for the use thereof, but all
such rules and regulations and all tolls charged shall apply alike
to the subjects or citizens of the High Contracting Parties and the
ships, vessels, and boats of both of the High Contracting Parties,
and they shall be placed on terms of equality in the use thereof.
ARTICLE II. •
Each of the High Contracting Parties reserves to itself or to the
several State Governments on the one side and the Dominion or
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1909 AND 1944 TREATIES Art. II
Provincial Governments on the other as the case may be, subject
to any treaty provisions now existing with respect thereto, the
exclusive jurisdiction and control over the use and diversion,
whether temporary or permanent, of all waters on its own side of
the line which in their natural channels would flow across the
boundary or into boundary waters; but it is agreed that any inter-
ference with or diversion from their natural channel of such
waters on either side of the boundary, resulting in any injury on
the other side of the boundary, shall give rise to the same rights
and entitle the injured parties to the same legal remedies as if such
injury took place in the country where such diversion or inter-
ference occurs; but this provision shall not apply to cases already
existing or to cases expressly covered by special agreement be-
tween the parties hereto.
It is understood, however, that neither of the High Contracting
Parties intends by the foregoing provision to surrender any right,
which it may have, to object to any interference with or diver-
sions of waters on the other side of the boundary the effect of
which would be productive of material injury to the navigation
interests on its own side of the boundary.
ARTICLE III.
It is agreed that, in addition to the uses, obstructions, and diver-
sions heretofore permitted or hereafter provided for by special
agreement between the Parties hereto, no further or other uses
or obstructions or diversions, whether temporary or permanent,
of boundary waters on either side of the line, affecting the natural
level or flow of boundary waters on the other side of the line, shall
be made except by authority of the United States or the Dominion
of Canada within their respective jurisdictions and with the ap-
proval, as hereinafter provided, of a joint commission, to be
known as the International Joint Commission.
The foregoing provisions are not intended to limit or interfere
with the existing rights of the Government of the United States
on the one side and the Government of the Dominion of Canada
on the other, to undertake and carry on governmental works in
boundary waters for the deepening of channels, the construction
of breakwaters, the improvement of harbors, and other govern-
mental works for the benefit of commerce and navigation, pro-
vided that such works are wholly on its own side of the line and
do not materially affect the level or flow of the boundary waters
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Art. Ill EPA CURRENT LAWS—WATER
on the other, nor are such provisions intended to interfere with the
ordinary use of such waters for domestic and sanitary purposes.
ARTICLE IV.
The High Contracting Parties agree that, except in cases pro-
vided for by special agreement between them, they will not permit
the construction or maintenance on their respective sides of the
boundary of any remedial or protective works or any dams or other
obstructions in waters flowing from boundary waters or in waters
at a lower level than the boundary in rivers owing across the
boundary, the effect of which is to raise the natural level of
waters on the other side of the boundary unless the construction
or maintenance thereof is approved by the aforesaid International
Joint Commission.
It is further agreed that the waters herein defined as boundary
waters and waters flowing across the boundary shall not be
polluted on either side to the injury of health or property on the
other.
ARTICLE V.
The High Contracting Parties agree that it is expedient to limit
the diversion of waters from the Niagara River so that the level
of Lake Erie and the flow of the stream shall not be appreciably
affected. It is the desire of both Parties to accomplish this object
with the least possible injury to investments which have already
been made in the construction of power plants on the United States
side of the river under grants of authority from the State of New
York, and on the Canadian side of the river under licenses author-
ized by the Dominion of Canada and the Province of Ontario.
So long as this treaty shall remain in force, no diversion of the
waters of the Niagara River above the Falls from the natural
course and stream thereof shall be permitted except for the pur-
poses and to the extent hereinafter provided.
The United States may authorize and permit the diversion
within the State of New York of the waters of said river above the
Falls of Niagara, for power purposes, not exceeding in the aggre-
gate a daily diversion at the rate of twenty thousand cubic feet
of water per second.
The United Kingdom, by the Dominion of Canada, or the Prov-
ince of Ontario, may authorize and permit the diversion within
the Province of Ontario of the waters of said river above the
Falls of Niagara, for power purposes, not exceeding in the aggre-
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1909 AND 1944 TREATIES Art. V
gate a daily diversion at the rate of thirty-six thousand cubic feet
of water per second.
The prohibitions of this article shall not apply to the diversion of
water for sanitary or domestic purposes, or for the service of
canals for the purposes of navigation.
ARTICLE VI.
The High Contracting Parties agree that the St. Mary and Milk
Rivers and their tributaries (in the State of Montana and the
Provinces of Alberta and Saskatchewan) are to be treated as one
stream for the purposes of irrigation and power, and the waters
thereof shall be apportioned equally between the two countries,
but in making such equal apportionment more than half may be
taken from one river and less than half from the other by either
country so as to afford a more beneficial use to each. It is further
agreed that in the division of such waters during the irrigation
season, between the 1st of April and 31st of October, inclusive,
annually, the United States is entitled to a prior appropriation of
500 cubic feet per second of the waters of the Milk River, or so
much of such amount as constitutes three-fourths of its natural
flow, and that Canada is entitled to a prior appropriation of 500
cubic feet per second of the flow of St. Mary River, or so much of
such amount as constitutes three-fourths of its natural flow.
The channel of the Milk River in Canada may be used at the
convenience of the United States for the conveyance, while pass-
ing through Canadian territory, of waters diverted from the St.
Mary River. The provisions of Article II of this treaty shall apply
to any injury resulting to property in Canada from the conveyance
of such waters through the Milk River.
The measurement and apportionment of the water to be used
by each country shall from time to time be made jointly by the
properly constituted reclamation officers of the United States and
the properly constituted irrigation officers of His Majesty under
the direction of the International Joint Commission.
ARTICLE VII.
The High Contracting Parties agree to establish and maintain
an International Joint Commission of the United States and
Canada composed of six commissioners, three on the part of the
United States appointed by the President thereof, and three on
the part of the United Kingdom appointed by His Majesty on
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Art. VII EPA CURRENT LAWS—WATER ™
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the recommendation of the Governor in Council of the Dominion
of Canada.
ARTICLE VIII.
This International Joint Commission shall have jurisdiction over
and shall pass upon all cases involving the use or obstruction or
diversion of the waters with respect to which under Articles III
and IV of this treaty the approval of this Commission is re-
quired, and in passing upon such cases the Commission shall be
governed by the following rules or principles which are adopted by
the High Contracting Parties for this purpose:
The High Contracting Parties shall have, each on its own side
of the boundary, equal and similar rights in the use of the waters _
hereinbefore defined as boundary waters. •
The following order of precedence shall be observed amono: the
various uses enumerated hereinafter for these waters, and no
use shall be permitted which tends materially to conflict with or •
restrain any other use which is given oreference over it in this Hi
order of precedence:
(1) Uses for domestic and sanitary purposes; II
(2) Uses for navigation, including the service of canals for the HJ
purposes of navigation;
(3) Uses for power and for irrigation purposes.
The foregoing provisions shall not apply to or disturb any exist-
ing uses of boundary waters on either side of the boundary.
The requirement for an equal division may in the discretion of
the Commission be suspended in cases of temporary diversions
along boundary waters at points where such equal division can
not be made advantageously on account of local conditions, and
where such diversion does not diminish elsewhere the amount
available for use on the other side.
The Commission in its discretion may make its approval in any
case conditional upon the construction of remedial or protective
works to compensate so far as possible for the particular use or
diversion proposed, and in such cases may require that suitable
and adequate provision, approved by the Commission, be made for
the protection and indemnity against injury of any interests on
either side of the boundary.
In cases involving the elevation of the natural level of waters on «
either side of the line as a result of the construction or mainte- •
nance on the other side of remedial or protective works or dams
or other obstructions in boundary waters or in waters flowing
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1909 AND 1944 TREATIES Art. VIII
therefrom or in waters below the boundary in rivers flowing across
the boundary, the Commission shall require, as a condition of its
approval thereof, that suitable and adequate provision, approved
by it, be made for the protection and indemnity of all interests on
the other side of the line which may be injured thereby.
The majority of the Commissioners shall have power to render
a decision. In case the Commission is evenly divided upon any
question or matter presented to it for decision, separate reports
shall be made by the Commissioners on each side to their own
Government. The High Contracting Parties shall thereupon en-
deavor to agree upon an adjustment of the question or matter of
difference, and if an agreement is reached between them, it shall
be reduced to writing in the form of a protocol, and shall be com-
municated to the Commissioners who shall take such further
proceedings as may be necessary to carry out such agreement.
ARTICLE IX.
The High Contracting Parties further agree that any other
questions or matters of difference arising between them involving
the rights, obligations, or interests of either in relation to the
other or to the inhabitants of the other, along the common frontier
between the United States and the Dominion of Canada, shall be
referred from time to time to the International Joint Commission
for examination and report, whenever either the Government of
the United States or the Government of the Dominion of Canada
shall request that such questions or matters of difference be so
referred.
The International Joint Commission is authorized in each case
so referred to examine into and report upon the facts and circum-
stances of the particular questions and matters referred, to-
gether with such conclusions and recommendations as may be
appropriate, subject, however, to any restrictions or exceptions
which may be imposed with respect thereto by the terms of the
reference.
Such reports of the Commission shall not be regarded as deci-
sions of the questions or matters so submitted either on the facts
or the law, and shall in no way have the character of an arbitral
award.
The Commission shall make a joint report to both Governments
in all cases in which all or a majority of the Commissioners agree,
and in case of disagreement the minority may make a joint report
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Art. IX EPA CURRENT LAWS—WATER H
of both Governments, or separate reports to their respective ••
Governments. H
In case the Commission is evenly divided upon any question or
matter referred to it for report, separate reports shall be made by
the Commissions on each side to their own Government.
ARTICLE X.
Any questions or matters of difference arising between the High
Contracting Parties involving the rights, obligations, or interests
of the United States or of the Dominion of Canada either in rela-
tion to each other or to their respective inhabitants, may be
referred for decision to the International Joint Commission by the
consent of the two Parties, it being understood that on the part
of the United States any such action will be by and with the
advice and consent of the Senate, and on the part of His Majesty's
Government with the consent of the Governor General in Council.
In each case so referred, the said Commission is authorized to ex-
amine into and report upon the facts and circumstances of the
particular questions and matters referred, together with such
conclusions and recommendations as may be appropriate, subject,
however, to any restrictions or exceptions which may be imposed
with respect thereto by the terms of the reference.
A majority of the said Commission shall have power to render a
decision or finding upon any of the questions or matters so
referred.
If the said Commission is equally divided or otherwise unable to
render a decision or finding as to any questions or matters so
referred, it shall be the duty of the Commissioners to make a joint
report to both Governments, or separate reports to their respec-
tive Governments, showing the different conclusions arrived at
with regard to the matters or questions so referred, which ques-
tions or matters shall thereupon be referred for decision by the
High Contracting Parties to an umpire chosen in accordance with ^_
the procedure prescribed in the fourth, fifth, and sixth para- •
graphs of Article XLV of The Hague Convention for the pacific
settlement of international disputes, dated October 18, 1907. Such
umpire shall have power to render a final decision with respect to •
those matters and questions so referred on which the Commission
failed to agree.
ARTICLE XL •
A duplicate original of all decisions rendered and joint reports
made by the Commission shall be transmitted to and filed with the _
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1909 AND 1944 TREATIES Art. XI
Secretary of State of the United States and the Governor General
of the Dominion of Canada, and to them shall be addressed all
communications of the Commission.
ARTICLE XII.
The International Joint Commission shall meet and organize at
Washington promptly after the members thereof are appointed,
and when organized the Commission may fix such times and
places for its meetings as may be necessary, subject at all times to
special call or direction by the two Governments. Each Commis-
sioner, upon the first joint meeting of the Commission after his
appointment, shall, before proceeding with the work of the Com-
mission, make and subscribe a solemn declaration in writing that
he will faithfully and impartially perform the duties imposed upon
him under this treaty, and such declaration shall be entered on
the records of the proceedings of the Commission.
The United States and Canadian sections of the Commission
may each appoint a secretary, and these shall act as joint secre-
taries of the Commission at its joint sessions, and the Commission
may employ engineers and clerical assistants from time to time
as it may deem advisable. The salaries and personal expenses of
the Commission and of the secretaries shall be paid by their
respective Governments, and all reasonable and necessary joint
expenses of the Commission, incurred by it, shall be paid in equal
moieties by the High Contracting Parties.
The Commission shall have power to administer oaths to wit-
nesses, and to take evidence on oath whenever deemed necessary
in any proceeding, or inquiry, or matter within its jurisdiction
under this treaty, and all parties interested therein shall be given
convenient opportunity to be heard, and the High Contracting
Parties agree to adopt such legislation as may be appropriate and
necessary to give the Commission the powers above mentioned on
each side of the boundary, and to provide for the issue of subpoenas
and for compelling the attendance of witnesses in proceedings
before the Commission. The Commission may adopt such rules
of procedure as shall be in accordance with justice and equity, and
may make such examination in person and through agents or
employees as may be deemed advisable.
ARTICLE XIII.
In all cases where special agreements between the High Con-
tracting Parties hereto are referred to in the foregoing articles,
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Art. XIII EPA CURRENT LAWS—WATER
such agreements are understood and intended to include not only
direct agreements between the High Contracting Parties, but also
any mutual arrangements between the United States and the
Dominion of Canada expressed by concurrent or reciprocal legis-
lation on the part of Congress and the Parliament of the Dominion.
ARTICLE XIV.
The present treaty shall be ratified by the President of the
United States of America, by and with the advice and consent of
the Senate thereof, and by His Britannic Majesty. The ratifica-
tions shall be exchanged at Washington as soon as possible and
the treaty shall take effect on the date of the exchange of its
ratifications. It shall remain in force for five years, dating from the
day of exchange of ratifications, and thereafter until terminated
by twelve months' written notice given by either High Contract-
ing Party to the other.
In faith whereof the respective plenipotentiaries have signed
this treaty in duplicate and have hereunto afixed their seals.
Done at Washington the llth day of January, in the year of
our Lord one thousand nine hundred and nine.
ELIHU ROOT [SEAL]
JAMES BRYCE [SEAL]
And whereas the Senate of the United States by their resolu-
tion of March 3, 1909, (two-thirds of the Senators present con-
curring therein) did advise and consent to the ratification of the
said Treaty with the following understanding, to wit:
"Resolved further, as a part of this ratification, That the United
States approves this treaty with the understanding that nothing
in this treaty shall be construed as affecting, or changing, any
existing territorial or riparian rights in the water, or rights of the
owners of lands under water, on either side of the international
boundary at the rapids of the St. Mary's river at Sault Ste. Marie,
in the use of the waters flowing over such lands, subject to the
requirements of navigation in boundary waters and of navigation
canals, and without prejudice to the existing right of the United
States and Canada, each to use the waters of the St. Mary's river,
within its own territory and further, that nothing in this treaty
shall be constructed to interfere with the drainage of wet swamp
and overflowed lands into streams flowing into boundary waters,
and that this interpretation will be mentioned in the ratification
of this treaty as coveying the true meaning of the treaty, and will,
in effect, form part of the treaty;"
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1909 AND 1944 TREATIES Art. XIV
And whereas the said understanding has been accepted by the
Government of Great Britain, and the ratifications of the two Gov-
ernments of the said treaty were exchanged in the City of Wash-
ington, on the 5th day of May, one thousand nine hundred and
ten;
Now, therefore, be it known that I, William Howard Taft, Presi-
dent of the United States of America, have caused the said treaty
and the said understanding, as forming a part thereof, to be made
public, to the end that the same and every article and clause
thereof may be observed and fulfilled with good faith by the
United States and the citizens thereof.
In testimony whereof, I have hereunto set my hand and caused
the seal of the United States to be affixed.
Done at the City of Washington this thirteenth day of May in
the year of our Lord one thousand nine hundred and
[SEAL] ten, and of the Independence of the United States of
America the one hundred and thirty-fourth.
WM H TAFT
By the President:
P C KNOX
Secretary of State.
Protocol of Exchange
On preceeding to the exchange of the ratification of the treaty
signed at Washington on January 11, 1909, between the United
States and Great Britain, relating to boundary waters and ques-
tions arising along the boundary between the United States and
the Dominion of Canada, the undersigned plenipotentiaries, duly
authorized thereto by their respective Governments, hereby de-
clare that nothing in this treaty shall be construed as affecting,
or changing, any existing territorial, or riparian rights in the
water, or rights of the owners of lands under water, on either side
of the international boundary at the rapids of the St. Mary's
River at Sault Ste. Marie, in the use of the waters flowing over
such lands, subject to the requirements of navigation in boundary
waters and of navigation canals, and without prejudice to the
existing right of the United States and Canada, each to use the
waters of the St. Mary's River, within its own territory; and
further, that nothing in this treaty shall be construed to inter-
fere with the drainage of wet, swamp, and overflowed lands into
streams flowing into boundary waters, and also that this declara-
tion shall be deemed to have equal force and effect as the treaty
itself and to form an integral part thereto.
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The exchanges of ratifications then took place in the usual form. H
IN WITNESS WHEREOF, they have signed the present Pro- •
tocol of Exchange and have affixed their seals thereto.
DONE at Washington this 5th day of May, one thousand nine
hundred ten.
PHILANDER C KNOX [SEAL]
JAMES BRYCE [SEAL] «
WATER UTILIZATION TREATY OF 1944 BETWEEN
MEXICO AND THE UNITED STATES •
Treaty between the United States of America and Mexico respect-
ing utilization of waters of the Colorado and Tijuana Rivers and
of the Rio Grande. Signed at Washington February 3, 1944.
And protocol signed at Washington November 14, 1944. Ratifi-
cation advised by the Senate of the United States of America
April 18, 1945, subject to certain understandings; ratified by
the President of the United States of America November 1,
1945, subject to said understandings; ratified by Mexico Octo-
ber 16, 1945; ratifications exchanged at Washington November
8, 1945; proclaimed by the President of the United States of
America November 27, 1945, subject to said understandings;
effective November 8, 1945. «
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A Proclamation H
Whereas a treaty between the United States of America and
the United Mexican States relating to the utilization of the waters
of the Colorado and Tijuana Rivers, and of the Rio Grande (Rio
Bravo) from Fort Quitman, Texas to the Gulf of Mexico, was
signed by their respective Plenipotentiaries in Washington on
February 3, 1944, and a protocol supplementary to the said treaty
was signed by their respective Plenipotentiaries in Washington
on November 14, 1944, the originals of which treaty and protocol,
in the English and Spanish languages, are word for word as
follows:
The Government of the United States of America and the Gov-
ernment of the United Mexican States: animated by the sincere
spirit of cordiality and friendly cooperation which happily governs
the relations between them; taking into account the fact that
Articles VI and VII of the Treaty of Peace, Friendship and Limits
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1909 AND 1944 TREATIES Art. 1
between the United States of America and the United Mexican
States signed at Guadalupe Hidalgo on February 2, 1948, and Ar-
ticle IV of the boundary treaty between the two countries signed
at the City of Mexico December 30, 1853 regulate the use of the
waters of the Eio Grande (Rio Bravo) and the Colorado River for
purposes of navigation only; considering that the utilization of
these waters for other purposes is desirable in the interest of both
countries, and desiring, moreover, to fix and delimit the rights
of the two countries with respect to the waters of the Colorado
and Tijuana Rivers, and of the Rio Grande (Rio Bravo) from
Fort Quitman, Texas, United States of America, to the Gulf of
Mexico, in order to obtain the most complete and satisfactory
utilization thereof, have resolved to conclude a treaty and for
this purpose have named as their plenipotentiaries:
The President of the United States of America:
Cordell Hull, Secretary of State of the United States of
America, George S. Messersmith, Ambassador Extraordinary and
Plenipotentiary of the United States of America in Mexico, and
Lawrence M. Lawson, United States Commissioner, International
Boundary Commission, United States and Mexico; and
The President of the United Mexican States:
Francisco Castillo Najera, Ambassador Extraordinary and
Plenipotentiary of the United Mexican States in Washington, and
Rafael Fernandez MacGregor, Mexican Commissioner, Interna-
tional Boundary Commission, United States and Mexico; who, hav-
ing communicated to each other their respective Full Powers
and having found them in good and due form, have agreed upon
the following:
I—PRELIMINARY PROVISIONS
ARTICLE 1
For the purposes of this Treaty it shall be understood that:
(a) "The United States" means the United States of America.
(b) "Mexico" means the United Mexican States.
(c) "The Commission" means the International Boundary and
Water Commission, United States and Mexico, as described in
Article 2 of this Treaty.
(d) "To divert" means the deliberate act of taking water
from any channel in order to convey it elsewhere for storage, or
to utilize it for domestic, agricultural, stock-raising or industrial
purposes whether this be done by means of dams across the
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channel, partition weirs, lateral intakes, pumps or any other •
methods. ^™
(e) "Point of diversion" means the place where the act of
diverting the water is effected.
(f) "Conservation capacity of storage reservoirs" means that
part of their total capacity devoted to holding and conserving the
water for disposal thereof as and when required, that is, capacity
additional to that provided for silt retention and flood control.
(g) "Flood discharges and spills" means the voluntary or in-
voluntary discharge of water for flood control as distinguished
from releases for other purposes.
(h) "Return flow" means that portion of diverted water that
eventually finds its way back to the source from which it was
diverted.
(i) "Release" means the deliberate discharge of stored water
for conveyance elsewhere or for direct utilization.
(j) "Consumptive use" means the use of water by evapora- •
tion, plant transpiration or other manner whereby the water is IB
consumed and does not return to its source of supply. In gen-
eral it is measured by the amount of water diverted less the part
thereof which returns to the stream.
(k) "Lowest major international dam or reservoir" means the
major international dam or reservoir situated farthest down- M
stream. •
(1) "Highest major international dam or reservoir" means the
major international dam or reservoir situated farthest upstream. _
ARTICLE 2 "
The International Boundary Commission established pursuant «
to the provisions of the Convention between the United States H
and Mexico signed in Washington March 1, 1889 to facilitate the
carrying out of the principles contained in the Treaty of Novem-
ber 12, 1884 and to avoid difficulties occasioned by reason of the
changes which take place in the beds of the Rio Grande (Rio
Bravo) and the Colorado River shall hereafter be known as the
International Boundary and Water Commission, United States
and Mexico, which shall continue to function for the entire period
during which the present Treaty shall continue in force. Accord-
ingly, the term of the Convention of March 1, 1889 shall be con-
sidered to be indefinitely extended, and the Convention of Novem-
ber 21, 1900 between the United States and Mexico regarding that
Convention shall be considered completely terminated. ^
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1909 AND 1944 TREATIES Art. 2
The application of the present Treaty, the regulation and exer-
cise of the rights and obligations which the two Governments
assume thereunder, and the settlement of all disputes to which
its observance and execution may give rise are hereby entrusted
to the International Boundary and Water Commission, which shall
function in conformity with the powers and limitations set forth
in this Treaty.
The Commission shall in all respects have the status of an
international body, and shall consist of a United States Section
and a Mexican Section. The head of each Section shall be an Engi-
neer Commissioner. Wherever there are provisions in this Treaty
for joint action or joint agreement by the two Governments, or
for the furnishing of reports, studies or plans to the two Gov-
ernments, or similar provisions, it shall be understood that the
particular matter in question shall be handled by or through the
Department of State of the United States and the Ministry of
Foreign Relations of Mexico.
The Commission or either of its two Sections may employ such
assistants and engineering and legal advisers as it may deem
necessary. Each Government shall accord diplomatic status to
the Commissioner, designated by the other Government. The
Commissioner, two principal engineers, a legal adviser, and a
secretary, designated by each Government as members of its
Section of the Commission, shall be entitled in the territory of the
other country to the privileges and immunities appertaining to
diplomatic officers. The Commission and its personnel may freely
carry out their observations, studies and field work in the territory
of either country.
The jurisdiction of the Commission shall extend to the limit-
rophe parts of the Rio Grande (Rio Bravo) and the Colorado
River, to the land boundary between the two countries, and to
works located upon their common boundary, each Section of the
Commission retaining jurisdiction over that part of the works
located within the limits of its own country. Neither Section shall
assume jurisdiction or control over works located within the limits
of the country of the other without the express consent of the
Government of the latter. The works constructed, acquired or
used in fulfillment of the provisions of this Treaty and located
wholly within the territorial limits of either country, although
these works may be international in character, shall remain, ex-
cept as herein otherwise specifically provided, under the exclusive
jurisdiction and control of the Section of the Commission in whose
country the works may be situated.
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Art. 2 EPA CURRENT LAWS—WATER
The duties and powers vested in the Commission by this Treaty
shall be in addition to those vested in the International Boundary
Commission by the Convention of March 1, 1889 and other per-
tinent treaties and agreements in force between the two countries mm
except as the provisions of any of them may be modified by the •
present Treaty.
Each Government shall bear the expenses incurred in the main- _
tenance of its Section of the Commission. The joint expenses, •
which may be incurred as agreed upon by the Commission, shall *
be borne equally by the two Governments.
ARTICLE 3
In matters in which the Commission may be called upon to
make provision for the joint use of international waters, the fol-
lowing order of preferences shall serve as a guide:
1. Domestic and municipal uses.
2. Agriculture and stock-raising.
3. Electric power.
4. Other industrial uses.
5. Navigation. fjt
6. Fishing and hunting. H
7. Any other beneficial uses which may be determined by the
Commission. —
All of the foregoing uses shall be subject to any sanitary meas- •
ures or works which may be mutually agreed upon by the two
Governments, which hereby agree to give preferential attention
to the solution of all border sanitation problems. H
II—RIO GRANDE (RIO BRAVO)
ARTICLE 4
The waters of the Rio Grande (Rio Bravo) between Fort Quit-
man, Texas and the Gulf of Mexico are hereby allotted to the two
countries in the following manner:
A. To Mexico:
(a) All of the waters reaching the main channel of the Rio
Grande (Rio Bravo) from the San Juan and Alamo Rivers,
including the return flow from the lands irrigated from the
latter two rivers.
(b) One-half of the flow in the main channel of the Rio
Grande (Rio Bravo) below the lowest major international
storage dam, so far as said flow is not specifially allotted un-
der this Treaty to either of the two countries.
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1909 AND 1944 TREATIES Art. 4
(c) Two-thirds of the flow reaching the main channel of
the Rio Grande (Rio Bravo) from the Conchos, San Diego,
San Rodrigo, Escondido and Salado Rivers and the Las Vacas
Arroyo, subject to the provisions of subparagraph (c) of
paragraph B of this Article.
(d) One-half of all other flows not otherwise allotted by
this Article occurring in the main channel of the Rio Grande
(Rio Bravo), including the contributions from all the un-
measured tributaries, which are those not named in this
Article, between Fort Quitman and the lowest major inter-
national storage dam.
B. To the United States:
(a) All of the waters reaching the main channel of the
Rio Grande (Rio Bravo) from the Pecos and Devils Rivers,
Goodenough Spring, and Alamito, Terlingua, San Felipe and
Pinto Creeks.
(b) One-half of the flow in the main channel of the Rio
Grande (Rio Bravo) below the lowest major international
storage dam, so far as said flow is not specifically allotted
under this Treaty to either of the two countries.
(c) One-third of the flow reaching the main channel of
the Rio Grande (Rio Bravo) from the Conchos, San Diego,
San Rodrigo, Escondido and Salado Rivers and the Las Vacas
Arroyo, provided that this third shall not be less, as an aver-
age amount in cycles of five consecutive years, than 350,000
acre-feet (431,721,000 cubic meters) annually. The United
States shall not acquire any right by the use of the waters
of the tributaries named in this subparagraph, in excess of
the said 350,000 acre-feet (431,721,000 cubic meters) an-
nually, except the right to use one-third of the flow reaching
the Rio Grande (Rio Bravo) from said tributaries, although
such one-third may be in excess of that amount.
(d) One-half of all other flows not otherwise allotted by
this Article occurring in the main channel of the Rio Grande
(Rio Bravo), including the contributions from all the un-
measured tributaries, which are those not named in this
Article, between Fort Quitman and the lowest major inter-
national storage dam.
In the event of extraordinary drought or serious accident to the
hydraulic systems on the measured Mexican tributaries, making
it difficult for Mexico to make available the run-off of 350,000 acre-
feet (431,721,000 cubic meters) annually, allotted in subparagraph
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Art. 4 EPA CURRENT LAWS—WATER
(c) of paragraph B of this Article to the United States as the
minimum contribution from the aforesaid Mexican tributaries,
any deficiencies existing at the end of the aforesaid five-year cycle
shall be made up in the following five-year cycle with water from
the said measured tributaries.
Whenever the conservation capacities assigned to the United
States in at least two of the major international reservoirs, in- mm
eluding the highest major reservoir, are filled with waters belong- •
ing to the United States, a cycle of five years shall be considered
as terminated and all debits fully paid, whereupon a new five- _
year cycle shall commence. H
ARTICLE 5
I
The two Governments agree to construct jointly, through their
respective Sections of the Commission, the following works in
the main channel of the Rio Grande (Rio Bravo):
I. The dams required for the conservation, storage and regula-
tion of the greatest quantity of the annual flow of the river in a
way to ensure the continuance of existing uses and the develop-
ment of the greatest number of feasible projects, within the limits
imposed by the water allotments specified.
II. The dams and other joint works required for the diversion
of the flow of the Rio Grande (Rio Bravo). mm
One of the storage dams shall be constructed in the section be- H
tween Santa Helena Canyon and the mouth of the Pecos River;
one in the section between Eagle Pass and Laredo, Texas (Piedras mm
Negras and Nuevo Laredo in Mexico) ; and a third in the section •
between Laredo and Roma, Texas (Nuevo Laredo and San Pedro ™
de Roma in Mexico). One or more of the stipulated dams may be
omitted, and others than those enumerated may be built, in either WM
case as may be determined by the Commission, subject to the •§
approval of the two Governments.
In planning the construction of such dams the Commisson shall •
determine: ||
(a) The most feasible sites;
(b) The maximum feasible reservoir capacity at each site; mm
(c) The conservation capacity required by each country at each H
site, taking into consideration the amount and regimen of its
allotment of water and its contemplated uses;
(d) The capacity required for retention of silt;
(e) The capacity required for flood control.
The conservation and silt capacities of each reservoir shall be
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1909 AND 1944 TREATIES Art. 5
assigned to each country in the same proportion as the capacities
required by each country in such reservoir for conservation pur-
poses. Each country shall have an undivided interest in the flood
control capacity of each reservoir.
The construction of the international storage dams shall start
within two years following the approval of the respective plans
by the two Governments. The works shall begin with the con-
struction of the lowest major international storage dam, but
works in the upper reaches of the river may be constructed
simultaneously. The lowest major international storage dam shall
be completed within a period of eight years from the date of the
entry into force of this Treaty.
The construction of the dams and other joint works required
for the diversion of the flows of the river shall be initiated on the
dates recommended by the Commission and approved by the two
Governments.
The cost of construction, operation and maintenance of each of
the international storage dams shall be prorated between the two
Governments in proportion to the capacity allotted to each country
for conservation purposes in the reservoir at such dam.
The cost of construction, operation and maintenance of each of
the dams and other joint works required for the diversion of the
flows of the river shall be prorated between the two Governments
in proportion to the benefits which the respective counties receive
therefrom, as determined by the Commission and approved by the
two Governments.
ARTICLEI 6
The Commission shall study, investigate, and prepare plans for
flood control works, where and when necessary, other than those
referred to in Article 5 of this Treaty, on the Rio Grande (Rio
Bravo) from Fort Quitman, Texas to the Gulf of Mexico. These
works may include levees along the river, floodways and grade-
control structures, and works for the canalization, rectification
and artificial channeling of reaches of the river. The Commission
shall report to the two Governments the works which should be
built, the estimated cost thereof, the part of the works to be con-
structed by each Government, and the part of the works to be
operated and maintained by each Section of the Commission.
Each Government agrees to construct, through its Section of the
Commission, such works as may be recommended by the Com-
mission and approved by the two Governments. Each Govern-
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ment shall pay the costs of the works constructed by it and the
costs of operation and maintenance of the part of the works as-
signed to it for such purpose.
ARTICLE 7
The Commission shall study, investigate and prepare plans for
plants for generating hydro-electric energy which it may be feasi-
ble construct at the international storage dams on the Rio Grande
(Rio Bravo). The Commission shall report to the two Govern-
ments in a Minute the works which should be built, the estimated
cost thereof, and the part of the works to be constructed by each
Government. Each Government agrees to construct, through its
Section of the Commission, such works as may be recommended
by the Commission and approved by the two Governments. Both
Governments, through their respective Sections of the Commis-
sion, shall operate and maintain jointly such hydroelectric plants.
Each Government shall pay half the cost of the construction, op-
eration and maintenance of such plants, and the energy generated
shall be assigned to each country in like proportion.
ARTICLE 8
The two Governments recognize that both countries have a
common interest in the conservation and storage of waters in the
international reservoirs and in the maximum use of these struc-
tures for the purpose of obtaining the most beneficial, regular
and constant use of the waters belonging to them. Accordingly,
within the year following the placing in operation of the first of
the major international storage dams which is constructed, the
Commission shall submit to each Government for its approval,
regulations for the storage, conveyance and delivery of the waters
of the Rio Grande (Rio Bravo) from Fort Quitman, Texas to the
Gulf of Mexico. Such regulations may be modified, amended or
supplemented when necessary by the Commission, subject to the
approval of the two Governments. The following general rules
shall severally govern until modified or amended by agreeemnt of
the Commission, with the approval of the two Governments:
(a) Storage in all major international reservoirs above the
lowest shall be maintained at the maximum possible water level,
consistent with flood control, irrigation use and power require-
ments.
(b) Inflows to each reservoir shall be credited to each country
in accordance with the ownership of such inflows.
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(c) In any reservoir the ownership of water belonging to the
country whose conservation capacity therein is filled, and in ex-
cess of that needed to keep it filled, shall pass to the other country
to the extent that such country may have unfilled conservation
capacity, except that one country may at its option temporarily
use the conservation capacity of the other country not currently
being used in any of the upper reservoirs; provided that in the
event of flood discharge or spill occurring while one country is
using the conservation capacity of the other, all of such flood
discharge or spill shall be charged to the country using the other's
capacity, and all inflow shall be credited to the other country until
the flood discharge or spill ceases or until the capacity of the other
country becomes filled with its own water.
(d) Reservoir losses shall be charged in proportion to the
ownership of water in storage. Releases from any reservoir shall
be charged to the country requesting them, except that releases
for the generation of electrical energy, or other common purpose,
shall be charged in proportion to the ownership of water in
storage.
(e) Flood discharges and spills from the upper reservoirs shall
be divided in the same proportion as the ownership of the inflows
occurring at the time of such flood discharges and spills, except
as provided in subparagraph (c) of this Article. Flood discharges
and spills from the lowest reservoir shall be divided equally ex-
cept that one country, with the consent of the Commission, may
use such part of the share of the other country as is not used
by the latter country.
(f) Either of the two countries may avail itself, whenever it so
desires, of any water belonging to it and stored in the interna-
tional reservoirs, provided that the water so taken is for direct
beneficial use or for storage in other reservoirs. For this purpose
the Commissioner of the respective country shall give appropriate
notice to the Commission, which shall prescribe the proper meas-
ures for the opportune furnishing of the water.
ARTICLE 9
(a) The channel of the Rio Grande (Rio Bravo) may be used
by either of the two countries to convey water belonging to it.
(b) Either of the two countries may, at any point on the main
channel of the river from Fort Quitman, Texas to the Gulf of
Mexico, divert and use the water belonging to it and may for this
purpose construct any necessary works. However, no such diver-
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Art. 9 EPA CURRENT LAWS—WATER
sion or use, not existing on the date this Treaty enters into force,
shall be permitted in either country, nor shall works be con-
structed for such purpose, until the Section of the Commission
in whose country the diversion or use is proposed has made a
finding that the water necessary for such diversion or use is avail-
able from the share of that country, unless the Commission has
agreed to a greater diversion or use as provided by paragraph
(d) of this Article. The proposed use and the plans for the diver-
sion works to be constructed in connection therewith shall be
previously made known to the Commission for its information.
(c) Consumptive uses from the main stream and from the un-
measured tributaries below Fort Quitman shall be charged against
the share of the country making them.
(d) The Commission shall have the power to authorize either
country to divert and use water not belonging entirely to such
country, when the water belonging to the other country can be
diverted and used without injury to the latter and can be re-
placed at some other point on the river.
(e) The Commission shall have the power to authorize tem-
porary diversion and use by one country of water belonging to
the other, when the latter does not need it or is unable to use it,
provided that such authorization or the use of such water shall
not establish any right to continue to divert it.
(f) In case of the occurrence of an extraordinary drought in
one country with an abundant supply of water in the other coun-
try, water stored in the international storage reservoirs and be-
longing to the country enjoying such abundant water supply may
be withdrawn, with the consent of the Commission, for the use
of the country undergoing the drought.
(g) Each country shall have the right to divert from the main
channel of the river any amount of water, including the water be-
longing to the other country, for the purpose of generating hydro-
electric power, provided that such diversion causes no injury to
the other country and does not interfere with the international
generation of power and that the quantities not returning direct-
ly to the river are charged against the share of the country mak-
ing the diversion. The feasibility of such diversions not existing
on the date this Treaty enters into force'shall be determined by
the Commission, which shall also determine the amount of water
consumed, such water to be charged against the country making
the diversion.
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1909 AND 1944 TREATIES Art. 9
(h) In case either of the two countries shall construct works
for diverting into the main channel of the Rio Grande (Rio Bravo)
or its tributaries waters that do not at the time this Treaty enters
into force contribute to the flow of the Rio Grande (Rio Bravo)
such water shall belong to the country making such diversion.
(i) Main stream channel losses shall be charged in proportion
to the ownership of water being conveyed in the channel at the
times and places of the losses.
(j) The Commission shall keep a record of the waters belong-
ing to each country and of those that may be available at a given
moment, taking into account the measurement of the allotments,
the regulation of the waters in storage, the consumptive uses, the
withdrawals, the diversions, and the losses. For this purpose the
Commission shall construct, operate and maintain on the main
channel of the Rio Grande (Rio Bravo) and each Section shall
construct, operate and maintain on the measured tributaries in
its own country, all the gaging stations and mechanical apparatus
necessary for the purpose of making computations and of obtain-
ing the necessary data for such record. The information with re-
spect to the diversions and consumptive uses on the unmeasured
tributaries shall be furnished to the Commission by the appro-
priate Section. The cost of construction of any new gaging sta-
tions located on the main channel of the Rio Grande (Rio Bravo)
shall be borne equally by the two Governments. The operation
and maintenance of all gaging stations or the cost of such opera-
tion and maintenance shall be apportioned between the two Sec-
tions in accordance with determinations to be made by the Com-
mission.
Ill—COLORADO RIVER
ARTICLE 10
Of the waters of the Colorado River, from any and all sources,
there are allotted to Mexico :
(a) A guaranteed annual quantity of 1,500,000 acre-feet
(1,850, 234,000 cubic meters) to be delivered in accordance with
the provisions of Article 15 of this Treaty.
(b) Any other quantities arriving at the Mexican points of
diversion, with the understanding that in any year in which, as
determined by the United States Section, there exists a surplus
of waters of the Colorado River in excess of the amount necessary
to supply uses in the United States and the guaranteed quantity
of 1,500,000 acre-feet (1,850,234,000 cubic meters) annually to
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Mexico, the United States undertakes to deliver to Mexico, in the
manner set out in Article 15 of this Treaty, additional waters of
the Colorado River system to provide a total quantity not to ex-
ceed 1,700,000 acre-feet (2,096,931,000 cubic meters) a year. M
Mexico shall acquire no right beyond that provided by this sub- •
paragraph by the use of the waters of the Colorado River system,
for any purpose whatsoever, in excess of 1,500,000 acre-feet ^
(1,850,234,000 cubic meters) annually. •
In the event of extraordinary drought or serious accident to the
irrigation system in the United States, thereby making it difficult
for the United States to deliver the guaranteed quantity of 1,500,- •
000 acre-feet (1,850,234,000 cubic meters) a year, the water al- •§
lotted to Mexico under subparagraph (a) of this Article will be
reduced in the same proportion as consumptive uses in the United
States are reduced.
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ARTICLE 11
(a) The United States shall deliver all waters allotted to
Mexico wherever these waters may arrive in the bed of the
limitrophe section of the Colorado River, with the exceptions
hereinafter provided. Such waters shall be made up of the waters
of the said river, whatever their origin, subject to the provisions
of the following paragraphs of this Article.
(b) Of the waters of the Colorado River allotted to Mexico by
subparagraph (a) of Article 10 of this Treaty, the United States
shall deliver, wherever such waters may arrive in the limitrophe •
section of the river, 1,000,000 acre-feet (1,233,489,000 cubic •
meters) annually from the time the Davis dam and reservoir
are placed in operation until January 1, 1980 and thereafter 1,125,-
000 acre-feet (1,387,675,000 cubic meters) annually, except that, •
should the main diversion structure referred to in subparagraph ™
(a) of Article 12 of this Treaty be located entirely in Mexico and
should Mexico so request, the United States shall deliver a quan- Hj
tity of water not exceeding 25,000 acre-feet (30,837,000 cubic •
meters) annually, unless a larger quantity may be mutually agreed
upon, at a point, to be likewise mutually agreed upon, on the in- jjt
ternational land boundary near San Luis, Sonora, in which event •
the quantities of 1,000,000 acre-feet (1,233,489,000 cubic meters)
and 1,125,000 acre-feet (1,387,675,000 cubic meters) provided
hereinabove as deliverable in the limitrophe section of the river
shall be reduced by the quantities to be deliverd in the year con-
cerned near San Luis, Sonora.
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1909 AND 1944 TREATIES Art. 11
(c) During the period from the time the Davis dam and reser-
voir are placed in operation until January 1, 1980, the United
States shall also deliver to Mexico annually, of the water allotted
to it, 500,000 acre-feet (616,745,000 cubic meters), and there-
after the United States shall deliver annually 375,000 acre-feet
(462,558,000 cubic meters), at the international boundary line,
by means of the All-American Canal and a canal connecting the
lower end of the Pilot Knob Wasteway with the Alamo Canal
or with any other Mexican canal which may be substituted for the
Alamo Canal. In either event the deliveries shall be made at an
operating water surface elevation not higher than that of the
Alamo Canal at the point where it crossed the international
boundary line in the year 1943.
(d) All the deliveries of water specified above shall be made
subject to the provisions of Article 15 of this Treaty.
ARTICLE 12
The two Governments agree to construct the following works:
(a) Mexico shall construct at its expense, within a period of
five years from the date of the entry into force of this Treaty, a
main diversion structure below the point where the northernmost
part of the international land boundary line intersects the
Colorado River. If such diversion structure is located in the limi-
trophe section of the river, its location, design and construction
shall be subject to the approval of the Commission. The Commis-
sion shall thereafter maintain and operate the structure at the
expense of Mexico. Regardless of where such diversion structure
is located, there shall simultaneously be constructed such levees,
interior drainage facilities and other works, or improvements to
existing works, as in the opinion of the Commission shall be nec-
essary to protect lands within the United States against damage
from such floods and seepage as might result from the construc-
tion, operation and maintenance of this diversion structure. These
protective works shall be constructed, operated and maintained
at the expense of Mexico by the respective Sections of the Com-
mission, or under their supervision, each within the territory of
its own country.
(b) The United States, within a period of five years from the
date of the entry into force of this Treaty, shall construct in its
own territory and at its expense, and thereafter operate and main-
tain at its expense, the Davis storage dam and reservoir, a part
of the capacity of which shall be used to make possible the regula-
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Art. 12 EPA CURRENT LAWS—WATER
tion at the boundary of the waters to be delivered to Mexico in
accordance with the provisions of Article 15 of this Treaty.
(c) The United States shall construct or acquire in its own
territory the works that may be necessary to convey a part of
the waters of the Colorado River allotted to Mexico to the Mexi-
can diversion points on the international land boundary line re-
ferred to in this Treaty. Among these works shall be included:
the canal and other works necessary to convey water from the
lower end of the Pilot Knob Wasteway to the international bound-
ary, and, should Mexico request it, a canal to connect the main
diversion structure referred to in subparagraph (a) of this Ar-
ticle, if this diversion structure should be built in the limitrophe
section of the river, with the Mexican system of canals at a point
to be agreed upon by the Commission on the international land
boundary near San Luis, Sonora. Such works shall be constructed
or acquired and operated and maintained by the United States
Section at the expense of Mexico. Mexico shall also pay the costs
of any sites or rights of way required for such works.
(d) The Commission shall construct, operate and maintain in
the limitrophe section of the Colorado River, and each Section shall
construct, operate and maintain in the territory of its own coun-
try on the Colorado River below Imperial Dam and on all other
carrying facilities used for the delivery of water to Mexico, all
necessary gaging stations and other measureing devices for the
purpose of keeping a complete record of the waters delivered to
Mexico and of the flows of the river. All data obtained as to such
deliveries and flows shall be periodically compiled and exchanged
between the two Sections.
ARTICLE 13
The Commission shall study, investigate and prepare plans for
flood control on the Lower Colorado River between Imperial Dam
and the Gulf of California, in both the United States and Mexico,
and shall, in a Minute, report to the two Governments the works
which should be built, the estimated cost thereof, and the part of
the works to be constructed by each Government. The two Gov-
ernments agree to construct, through their respective Sections of
the Commission, such works as may be recommended by the Com-
mission and approved by the two Governments, each Government
to pay the costs of the works constructed by it. The Commission
shall likewise recommend the parts of the works to be operated
and maintained jointly by the Commission and the parts to be
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1909 AND 1944 TREATIES Art. 13
operated and maintained by each Section. The Two Governments
agree to pay in equal shares the cost of joint operation and main-
tenance, and each Government agrees to pay the cost of opera-
tion and maintenance of the works assigned to it for such purpose.
ARTICLE 14
In consideration of the use of the Ail-American Canal for the
delivery to Mexico, in the manner provided in Articles 11 and 15
of this Treaty, of a part of its allotment of the waters of the
Colorado River, Mexico shall pay to the United States :
(a) A proportion of the costs actually incurred in the construc-
tion of Imperial Dam and the Imperial Dam-Pilot Knob section
of the All-American Canal, this proportion and the method and
terms of repayment to be determined by the two Governments,
which, for this purpose, shall take into consideration the propor-
tionate uses of these facilities by the two countries, these deter-
minations to be made as soon as Davis dam and reservoir are
placed in operation.
(b) Annually, a proportionate part of the total costs of mainte-
nance and operation of such facilities, these costs to be prorated
between the two countries in proportion to the amount of water
delivered annually through such facilities for use in each of the
two countries.
In the event that revenues from the sale of hydro-electric
power which may be generated at Pilot Knob become available for
the amortization of part or all of the costs of the facilities named
in subparagraph (a) of this Article, the part that Mexico should
pay of the costs of said facilities shall be reduced or repaid in the
same proportion as the balance of the total costs are reduced or
repaid. It is understood that any such revenue shall not become
available until the cost of any works which may be constructed
for the generation of hydro-electric power at said location has
been fully amortized from the revenues derived therefrom.
ARTICLE 15
A. The water allotted in subparagraph (a) of Article 10 of this
Treaty shall be delivered to Mexico at the points of delivery speci-
fied in Article 11, in accordance with the following two annual
schedules of deliveries by months, which the Mexican Section shall
formulate and present to the Commission before the beginning
of each calendar year:
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Art. 15 EPA CURRENT LAWS—WATER
SCHEDULE I
SCHEDULE II
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Schedule I shall cover the delivery, in the limitrophe sec-
tion of the Colorado River, of 1,000,000 acre-feet (1,233,489,- _
000 cubic meters) of water each year from the date Davis H
dam and reservoir are placed in operation until January 1,
1980 and the delivery of 1,125,000 acre-feet (1,387,675,000
cubic meters) of water each year thereafter. This schedule
shall be formulated subject to the following limitations:
With reference to the 1,000,000 acre-foot (1,233,489,000 cubic
meter) quantity:
(a) During the months of January, February, October,
November and December the prescribed rate of delivery shall
be not less than 600 cubic feet (17.0 cubic meters) nor more
than 3,500 cubic feet (99.1 cubic meters) per second.
(b) During the remaining months of the year the pre-
scribed rate of delivery shall be not less than 1,000 cubic feet
(28.3 cubic meters) nor more than 3,500 cubic feet (99.1
cubic meters) per second.
With reference to the 1,125,000 acre-foot (1,387,675,000 cubic
meter) quantity:
(a) During the months of January, February, October,
November and December the prescribed rate of delivery shall
be not less than 675 cubic feet (19.1 cubic meters) nor more
than 4,000 cubic feet (113.3 cubic meters) per second.
(b) During the remaining months of the year the pre-
scribed rate of delivery shall be not less than 1,125 cubic
feet (31.9 cubic meters) nor more than 4,000 cubic feet (113.3
cubic meters) per second.
Should deliveries of water be made at a point on the land bound-
ary near San Luis, Sonora, as provided for in Article 11, such
deliveries shall be made under a sub-schedule to be formulated
and furnished by the Mexican Section. The quantities and monthly
rates of deliveries under such sub-schedule shall be in proportion
to those specified for Schedule I, unless otherwise agreed upon
by the Commission.
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Schedule II shall cover the delivery at the boundary line
by means of the All-American Canal of 500,000 acre-feet
(616,745,000 cubic meters) of water each year from the date
Davis dam and reservoir are placed in operation until Janu-
ary 1, 1980 and the delivery of 375,000 acre-feet (462,558,000 _
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1909 AND 1944 TREATIES Art. 15
cubic meters) of water each year thereafter. This schedule
shall be formulated subject to the following limitations:
With reference to the 500,000 acre-feet (616,745,000 cubic
meter) quantity:
(a) During the months of January, February, October,
November and December the prescribed rate of delivery shall
be not less than 300 cubic feet (8.5 cubic meters) nor more
than 2,000 cubic feet (56.6 cubic meters) per second.
(b) During the remaining months of the year the pre-
scribed rate of delivery shall be not less than 500 cubic feet
(14.2 cubic meters) nor more than 2,000 cubic feet (56.6 cubic
meters) per second.
With reference to the 375,000 acre-foot (462,558,000 cubic
meter) quantity:
(a) During the months of January, February, October,
November and December the prescribed rate of delivery shall
be not less than 225 cubic feet (6.4 cubic meters) nor more
than 1,500 cubic feet (42.5 cubic meters) per second.
(b) During the remaining months of the year the pre-
scribed rate of delivery shall be not less than 375 cubic feet
(10.6 cubic meters) nor more than 1,500 cubic feet (42.5 cubic
meters) per second.
B. The United States shall be under no obligation to deliver,
through the All-American Canal, more than 500,000 acre-feet
(616,745,000 cubic meters) annually from the date Davis dam and
reservoir are placed in operation until January 1, 1980 or more
than 375,000 acre-feet (462,558,000 cubic meters) annually there-
after. If, by mutual agreement, any part of the quantities of water
specified in this paragraph are delivered to Mexico at points on
the land boundary otherwise than through the All-American
Canal, the above quantities of water and the rates of deliveries
set out under Schedule II of this Article shall be correspondingly
diminished.
C. The United States shall have the option of delivering, at the
point on the land boundary mentioned in subparagraph (c) of
Article 11, any part or all of the water to be delivered at that
point under Schedule II of this Article during the months of Janu-
ary, February, October, November and December of each year,
from any source whatsoever, with the understanding that the
total specified annual quantities to be delivered through the All-
American Canal shall not be reduced because of the exercise of
this option, unless such reduction be requested by the Mexican
Section, provided that the exercise of this option shall not have
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Art. 15 EPA CURRENT LAWS — WATER
the effect of increasing the total amount of scheduled water to •
be delivered to Mexico.
D. In any year in which there shall exist in the river water in
the excess of that necessary to satisfy the requirements in the •
United States and the guaranteed quantity of 1,500,000 acre-feet ™
(1,850,234,000 cubic meters) allotted to Mexico, the United States
hereby declares its intention to cooperate with Mexico in attempt- •
ing to supply additional quantities of water through the All- •
American Canal as such additional quantities are desired by
Mexico, if such use of the Canal and facilities will not be detri-
mental to the United States, provided that the delivery of any
additional quantities through the Ail-American Canal shall not
have the effect of increasing the total scheduled deliveries to
Mexico. Mexico hereby declares its intention to cooperate with the
United States by attempting to curtail deliveries of water through
the Ail-American Canal in years of limited supply, if such cur-
tailment can be accomplished without detriment to Mexico and is
necessary to allow full use of all available water supplies, provided
that such curtailment shall not have the effect of reducing the
total scheduled deliveries of water to Mexico.
E. In any year in which there shall exist in the river water in
excess of that necessary to satisfy the requirements in the United
States and the guaranteed quantity of 1,500,000 acre-feet (1,850,-
234,000 cubic meters) allotted to Mexico, the United States Sec-
tion shall so inform the Mexican Section in order that the latter
may schedule such surplus water to complete a quantity up to a •
maximum of 1,700,000 acre-feet (2,096,931,000 cubic meters). In •
this circumstance the total quantities to be delivered under Sched-
ules I and II shall be increased in proportion to their respective
total quantities and the two schedules thus increased shall be
subject to the same limitations as those established for each under
paragraph A of this Article.
F. Subject to the limitations as to rates of deliveries and total
quantities set out in Schedules I and II, Mexico shall have the
right, upon thirty days notice in advance to the United States
Section, to increase or decrease each monthly quantity prescribed
by those schedules by not more than 20% of the monthly quantity.
G. The total quantity of water to be delivered under Schedule
I of paragraph A of this Article may be increased in any year MM
if the amount to be delivered under Schedule II is correspondingly mjm
reduced and if the limitations as to rates of delivery under each
schedule are correspondingly increased and reduced. mm
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1909 AND 1944 TREATIES Art. 16
IV—TIJUANA RIVER
ARTICLE 16
In order to improve existing uses and to assure any feasible
further development, the Commission shall study and investigate,
and shall submit to the two Governments for their approval:
(1) Recommendations for the equitable distribution between
the two countries of the waters of the Tijuana River system;
(2) Plans for storage and flood control to promote and develop
domestic, irrigation and other feasible uses of the waters of this
system;
(3) An estimate of the cost of the proposed works and the man-
ner in which the construction of such works or the cost thereof
should be divided between the two Governments;
(4) Recommendations regarding the parts of the works to be
operated and maintained by the Commission and the parts to be
operated and maintained by each Section.
The two Governments through their respective Sections of the
Commission shall construct such of the proposed works as are
approved by both Governments, shall divide the work to be done
or the cost thereof, and shall distribute between the two coun-
tries the waters of the Tijuana River system in the proportions
approved by the two Governments. The two Governments agree
to pay in equal shares the costs of joint operation and mainte-
nance of the works involved, and each Government agrees to pay
the cost of operation and maintenance of the works assigned to
it for such purpose.
V—GENERAL PROVISIONS
ARTICLE 17
The use of the channels of the international rivers for the dis-
charge of flood or other excess waters shall be free and not sub-
ject to limitation by either country, and neither country shall
have any claim against the other in respect of any damage caused
by such use. Each Government agrees to furnish the other Gov-
ernment, as far in advance as practicable, any information it may
have in regard to such extraordinary discharges of water from
reservoirs and flood flows on its own territory as may produce
floods on the territory of the other.
Each Government declares its intention to operate its storage
dams in such manner, consistent with the normal operations of
its hydraulic systems, as to avoid, as far as feasible, material
damage in the territory of the other.
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Art. 18 EPA CURRENT LAWS—WATER
ARTICLE 18
Public use of the water surface of lakes formed by international
dams shall, when not harmful to the services rendered by such
dams, be free and common to both countries, subject to the police
regulations of each country in its territory, to such general regu-
lations as may appropriately be prescribed and enforced by the
Commission with the approval of the two Governments for the
purpose of the application of the provisions of this Treaty, and
to such regulations as may appropriately be prescribed and en-
forced for the same purpose by each Section of the Commission
with respect to the areas and borders of such parts of those lakes
as lie within its territory. Neither Government shall use for mili-
tary purposes such water surface situated within the territory
of the other country except by express agreement between the
two Governments.
ARTICLE 19
The two Governments shall conclude such special agreements
as may be necessary to regulate the generation, development and
disposition of electric power at international plants, including the
necessary provisions for the export of electric current.
ARTICLE 20
The two Governments shall, through their respective Sections
of the Commission, carry out the construction of works allotted to
them. For this purpose the respective Sections of the Commis-
sion may make use of any competent public or private agencies in
accordance with the laws of the respective countries. With re-
spect to such works as either Section of the Commission may
have to execute on the territory of the other, it shall, in the execu-
tion of such works, observe the laws of the place where such works
are located or carried out, with the exceptions hereinafter stated.
All materials, implements, equipment and repair parts intended
for the construction, operation and maintenance of such works ^
shall be exempt from import and export customs duties. The whole •
of the personnel employed either directly or indirectly on the ™
construction, operation or maintenance of the works may pass
freely from one country to the other for the purpose of going to H
and from the place of location of the works, without any immi- §•
gration restrictions, passports or labor requirements. Each Gov-
ernment shall furnish, through its own Section of the Commis-
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1909 AND 1944 TREATIES Art. 20
sion, convenient means of identification to the personnel employed
by it on the aforesaid works and verification certificates covering
all materials, implements, equipment and repair parts intended
for the works.
Each Government shall assume responsibility for and shall ad-
just exclusively in accordance with its own laws all claims arising
within its territory in connection with the construction, operation
or maintenance of the whole or of any part of the works herein
agreed upon, or of any works which may, in the execution of this
Treaty, be agreed upon in the future.
ARTICLE 21
The construction of the international dams and the formation
of artificial lakes shall produce no change in the fluvial interna-
tional boundary, which shall continue to be governed by existing
treaties and conventions in force between the two countries.
The Commission shall, with the approval of the two Govern-
ments, establish in the artificial lakes, by buoys or by other suit-
able markers, a practicable and convenient line to provide for the
exercise of the jurisdiction and control vested by this Treaty in
the Commission and its respective Sections. Such line shall also
mark the boundary for the application of the customs and police
regulations of each country,
ARTICLE 22
The provisions of the Convention between the United States
and Mexico for the rectification of the Rio Grande (Rio Bravo)
in the El Paso-Juarez Valley signed on February 1, 1933, shall
govern, so far as delimitation of the boundary, distribution of
jurisdiction and sovereignty, and relations with private owners
are concerned, in any places where works for the artificial chan-
neling, canalization or rectification of the Rio Grande (Rio Bravo)
and the Colorado River are carried out.
ARTICLE 23
The two Governments recognize the public interest attached to
the works required for the execution and performance of this
Treaty and agree to acquire, in accordance with their respective
domestic laws, any private property that may be required for
the construction of the said works, including the main structures
and their appurtenances and the construction materials therefor,
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country within which the property is situated, except as may be
otherwise specifically provided in this Treaty.
Each Section of the Commission shall determine the extent and
location of any private property to be acquired within its own
country and shall make the necesssary requests upon its Govern-
ment for the acquisition of such property.
The Commission shall determine the cases in which it shall be-
come necessary to locate works for the conveyance of water or
electrical energy and for the servicing of any such works, for the
benefit of either of the two countries, in the territory of the other
country, in order that such works can be built pursuant to agree-
ment between the two Governments. Such works shall be subject
to the jurisdiction and supervision of the Section of the Commis-
sion within whose country they are located.
Construction of the works built in pursuance of the provisions M
of this Treaty shall not confer upon either of the two countries H
any rights either of property or of jurisdiction over any part
whatsoever of the territory of the other. These works shall be
part of the territory and be the property of the country wherein H
they are situated. However, in the case of any incidents occurring ™
on works constructed across the limitrophe part of a river and
with supports on both banks, the jurisdiction of each country flj
shall be limited by the center line of such works, which shall be •
marked by the Commission, without thereby changing the in-
ternational boundary.
Each Government shall retain, through its own Section of the
Commission and within the limits and to the extent necessary to
effectuate the provisions of this Treaty, direct ownership, control
and jurisdiction within its own territory and in accordance with
its own laws, over all real property—including that within the
channel of any river—rights of way and rights in rem, that it
may be necessary to enter upon and occupy for the construction,
operation or maintenance of all the works constructed, acquired
or used pursuant to this Treaty. Furthermore, each Government
shall similarly acquire and retain in its own possession the titles,
control and jurisdiction over such works.
ARTICLE 24 MM
The International Boundary and Water Commission shall have, •§
in addition to the powers and duties otherwise specifically pro-
vided in this Treaty, the following powers and duties: M
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1909 AND 1944 TREATIES Art. 24
(a) To initiate and carry on investigations and develop plans
for the works which are to be constructed or established in ac-
cordance with the provisions of this and other treaties or agree-
ments in force between the two Governments dealing with boun-
daries and international waters; to determine, as to such works,
their location, size, kind and characteristic specifications; to es-
timate the cost of such works; and to recommend the division of
such costs between the two Governments, the arrangements for
the furnishing of the necessary funds, and the dates for the be-
ginning of the works, to the extent that the matters mentioned
in this subparagraph are not otherwise covered by specific pro-
visions of this or any other Treaty.
(b) To construct the works agreed upon or to supervise their
construction and to operate and maintain such works or to super-
vise their operation and maintenance, in accordance with the re-
spective domestic laws of each country. Each Section shall have,
to the extent necessary to give effect to the provisions of this
Treaty, jurisdiction over the works constructed exclusively in
the territory of its country whenever such works shall be con-
nected with or shall directly affect the execution of the provisions
of this Treaty.
(c) In general to exercise and discharge the specific powers
and duties entrusted to the Commission by this and other treaties
and agreements in force between the two countries, and to carry
into execution and prevent the violation of the provisions of those
treaties and agreements. The authorities of each country shall
aid and support the exercise and discharge of these powers and
duties, and each Commissioner shall invoke when necessary the
jurisdiction of the courts or other appropriate agencies of his
country to aid in the execution and enforcement of these powers
and duties.
(d) To settle all differences that may arise between the two
Governments with respect to the interpretation or application of
this Treaty, subject to the approval of the two Governments. In
any case in which the Commissioners do not reach an agreement,
they shall so inform their respective governments reporting their
respective opinions and the grounds therefor and the points upon
which they differ, for discussion and adjustment of the differ-
ence through diplomatic channels and for application where proper
of the general or special agreements which the two Governments
have concluded for the settlement of controversies.
(e) To furnish the information requested of the Commissioners
jointly by the two Governments on matters within their jurisdic-
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Art. 24 EPA CURRENT LAWS—WATER
tion. In the event that the request is made by one Government
alone, the Commissioner of the other Government must have the
express authorization of his Government in order to comply with
such request.
(f) The Commission shall construct, operate and maintain upon
the limitrophe parts of the international streams, and each Sec-
tion shall severally construct, operate and maintain upon the parts
of the international streams and their tributaries within the
boundaries of its own country, such stream gaging stations as
may be needed to provide the hydrographic data necessary or
convenient for the proper functioning of this Treaty. The data so
obtained shall be compiled and periodically exchanged between
the two Sections.
(g) The Commission shall submit annually a joint report to
the two Governments on the matters in its charge. The Com-
mission shall also submit to the two Governments joint reports
on general or any particular matters at such other times as it
may deem necessary or as may be requested by the two Govern-
ments.
ARTICLE 25
Except as otherwise specifically provided in this Treaty, Articles
III and VII of the Convention of March 1, 1889 shall govern the
proceedings of the Commission in carrying out the provisions of
this Treaty. Supplementary thereto the Commission shall estab-
lish a body of rules and regulations to govern its procedure, con-
sistent with the provisions of this Treaty and of Articles III and
VII of the Convention of March 1, 1889 and subject to the ap-
proval of both Governments.
Decisions of the Commission shall be recorded in the form of
Minutes done in duplicate in the English and Spanish languages,
signed by each Commissioner and attested by the Secretaries,
and copies thereof forwarded to each Government within three
days after being signed. Except where the specific approval of
the two Governments is required by any provision of this Treaty,
if one of the Governments fails to communicate to the Commission
its approval or disapproval of a decision of the Commission within
thirty days reckoned from the date of the Minute in which it shall
have been pronounced, the Minute in question and the decisions
which it contains shall be considered to be approved by that Gov-
ernment. The Commissioners, within the limits of their respective
jurisdictions, shall execute the decisions of the Commission that
are approved by both Governments.
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1909 AND 1944 TREATIES Art. 25
If either Government disapproves a decision of the Commission
the two Governments shall take cognizance of the matter, and if
an agreement regarding such matter is reached between the two
Governments, the agreement shall be communicated to the Com-
missioners, who shall take such further proceedings as may be
necessary to carry out such agreement.
VI—TRANSITORY PROVISIONS
ARTICLE 26
During a period of eight years from the date of the entry into
force of this Treaty, or until the beginning of operation of the
lowest major international reservoir on the Rio Grande (Rio
Bravo), should it be placed in operation prior to the expiration of
said period, Mexico will cooperate with the United States to re-
lieve, in times of drought, any lack of water needed to irrigate
the lands now under irrigation in the Lower Rio Grande Valley
in the United States, and for this purpose Mexico will release
water from El Azucar reservoir on the San Juan River and allow
that water to run through its system of canals back into the
San Juan River in order that the United States may divert such
water from the Rio Grande (Rio Bravo). Such releases shall be
made on condition that they do not affect the Mexican irrigation
system, provided that Mexico shall, in any event, except in cases
of extraordinary drought or serious accident to its hydraulic
works, release and make available to the United States for its use
the quantities requested, under the following conditions: that dur-
ing the said eight years there shall be made available a total of
160,000 acre-feet (197,358,000 cubic meters) and up to 40,000 acre-
feet (49,340,000 cubic meters) in any one year; that the water
shall be made available as requested at rates not exceeding 750
cubic feet (21.2 cubic meters) per second; that when the rates of
flow requested and made available have been more than 500 cubic
feet (14.2 cubic meters) per second the period of release shall not
extend beyond fifteen consecutive days; and that at least thirty
days must elapse between any two periods of release during which
rates of flow in excess of 500 cubic feet (14.2 cubic meters) per
second have been requested and made available. In addition to
the guaranteed flow, Mexico shall release from El Azucar reser-
voir and conduct through its canal system and the San Juan River,
for use in the United States during periods of drought and after
satisfying the needs of Mexican users, any excess water that does
not in the opinion of the Mexican Section have to be stored and
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that may be needed for the irrigation of lands which were under
irrigation during the year 1943 in the Lower Rio Grande Valley
in the United States.
ARTICLE 27
The provisions of Article 10, 11, and 15 of this Treaty shall not
be applied during a period of five years from the date of the entry
into force of this Treaty, or until the Davis dam and the major
Mexican diversion structure on the Colorado River are placed in —
operation, should these works be placed in operation prior to the •
expiration of said period. In the meantime Mexico may construct ^
and operate at its expense a temporary diversion structure in the
bed of the Colorado River in territory of the United States for H
the purpose of diverting water into the Alamo Canal, provided Ml
that the plans for such structure and the construction and opera-
tion thereof shall be subject to the approval of the United States
Section. During this period of time the United States will make
available in the river at such diversion structure river flow not
currently required in the United States, and the United States M
will cooperate with Mexico to the end that the latter may satisfy •
its irrigation requirements within the limits of those requirements
for lands irrigated in Mexico from the Colorado River during the ^_
year 1943. •
VII—FINAL PROVISIONS
ARTICLE 28
This Treaty shall be ratified and the ratifications thereof shall •
be exchanged in Washington. It shall enter into force on the day
of the exchange of ratifications and shall continue in force until
terminated by another Treaty concluded for that purpose between
the two Governments.
In witness whereof the respective Plenipotentiaries have signed
this Treaty and have hereunto affixed their seals.
Done in duplicate in the English and Spanish languages, in
Washington on this third day of February, 1944.
FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA: •
CORDELL HULL [SEAL]
GEORGE S. MESSERSMITH [SEAL] _
LAWRENCE M. LAWSON. [SEAL] •
FOR THE GOVERNMENT OF THE UNITED MEXICAN STATES I ™
F. CASTILLO NAJERA [SEAL]
RAFAEL FERNANDEZ MACGREGOR [SEAL] •
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1909 AND 1944 TREATIES
PROTOCOL
The Government of the United States of America and the Gov-
ernment of the United Mexican States agree and understand that:
Wherever, by virtue of the provisions of the Treaty between
the United States of America and the United Mexican States,
signed in Washington on February 3, 1944, relating to the utiliza-
tion of the waters of the Colorado and Tijuana Rivers and of the
Rio Grande from Fort Quitman, Texas, to the Gulf of Mexico,
specific functions are imposed on, or exclusive jurisdiction is
vested in, either of the Sections of the International Boundary
and Water Commission, which involve the construction or use of
works for storage or conveyance of water, flood control, stream
gaging, or for any other purpose, which are situated wholly within
the territory of the country of that Section, and which are to be
used only partly for the performance of treaty provisions, such
jurisdiction shall be exercised, and such functions, including the
construction, operation and maintenance of the said works, shall
be performed and carried out by the Federal agencies of that
country which now or hereafter may be authorized by domestic
law to construct, or to operate and maintain, such works. Such
functions or jurisdictions shall be exercised in conformity with
the provisions of the Treaty and in cooperation with the respec-
tive Section of the Commission, to the end that all international
obligations and functions may be coordinated and fulfilled.
The works to be constructed or used on or along the boundary,
and those to be constructed or used exclusively for the discharge
of treaty stipulations, shall be under the jurisdiction of the Com-
mission or of the respective Section, in accordance with the pro-
visions of the Treaty. In carrying out the construction of such
works the Sections of the Commission may utilize the services
of public or private organizations in accordance with the laws of
their respective countries.
This Protocol, which shall be regarded as an integral part of
the aforementioned Treaty signed in Washington on February 3,
1944, shall be ratified and the ratifications thereof shall be ex-
changed in Washington. This Protocol shall be effective beginning
with the day of the entry into force of the Treaty and shall con-
tinue effective so long as the Treaty remains in force.
In witness whereof the respective Plenipotentiaries have signed
this Protocol and have hereunto affixed their seals.
Done in duplicate, in the English and Spanish languages, in
Washington, this fourteenth day of November, 1944.
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FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA :
E. R. STETTINIUS, JR. [SEAL]
Acting Secretary of State mm
of the United States of America •
FOR THE GOVERNMENT OF THE UNITED MEXICAN STATES :
F. CASTILLO NAJERA [SEAL]
Ambassador Extraordinary and Plenipotentiary
of the United Mexican States in Washington
AND WHEREAS the Senate of the United States of America by
their Resolution of April 18, 1945, two-thirds of the Senators pre-
sent concurring therein, did advise and consent to the ratification
of the said treaty and protocol, subject to certain understandings,
the text of which Resolution is word for word as follows :
"Resolved (two-thirds of the Senators present concurring
therein) , That the Senate advise and consent to the ratifica-
tion of Executive A, Seventy-eighth Congress, second session,
a treaty between the United States of America and the United
Mexican States, signed at Washington on February 3, 1944, ^
relating to the utilization of the waters of the Colorado and •
Tijuana Rivers and of the Rio Grande from Fort Quitman,
Texas, to the Gulf of Mexico, and Executive H. Seventy-
eighth Congress, second session, a protocol, signed at Wash- •
ington on November 14, 1944, supplementary to the treaty ™
subject to the following understandings, and that these un-
derstandings will be mentioned in the ratification of this fljj
treaty as conveying the true meaning of the treaty, and will •§
in effect form a part of the treaty :
"(a) That no committment for works to be built by the
United States in whole or in part at its expense, or for ex-
penditures by the United States, other than those specifically
provided for in the treaty, shall be made by the Secretary
of State of the United States, the Commissioner of the United
States Section of the International Boundary and Water Com-
mission, the United States Section of said Commission, or any
other officer or employee of the United States, without prior
approval of the Congress of the United States. It is under-
stood that the works to be built by the United States, in
whole or in part at its expense, and the expenditures by the
United States, which are specifically provided for in the
treaty, are as follows : ••
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1909 AND 1944 TREATIES
"1. The joint construction of the three storage and flood-
control dams on the Rio Grande below Fort Quitman, Texas,
mentioned in article 5 of the treaty.
"2. The dams and other joint works required for the di-
version of the flow of the Rio Grande mentioned in subpara-
graph II of article 5 of the treaty, it being understood that
the commitment of the United States to make expenditures
under this subpararaph is limited to its share of the cost of
one dam and works appurtenant thereto.
"3. Stream-gaging stations which may be required under
the provisions of section (j) of article 9 of the treaty and
of subparagraph (d) of article 12 of the treaty.
"4. The Davis Dam and Reservoir mentioned in subpara-
graph (b) of article 12 of the treaty.
"5. The joint flood-control investigations, preparing of plans,
and reports on the Rio Grande below Fort Quitman required
by the provisions of article 6 of the treaty.
"6. The joint flood-control investigations, preparations of
plans, and reports on the lower Colorado River between the
Imperial Dam and the Gulf of California required by article
13 of the treaty.
"7. The joint investigations, preparation of plans, and re-
reports on the establishment of hydroelectric plants at the in-
ternational dams on the Rio Grande below Fort Quitman pro-
vided for by article 7 of the treaty.
"8. The studies, investigations, preparation of plans, rec-
ommendations, reports, and other matters dealing with the
Tijuana River system provided for by the flrst paragraph
(including the numbered subparagraphs) of article 16 of the
treaty.
"(b) Insofar as they affect persons and property in the
territorial limits of the United States, the powers and func-
tions of the Secretary of State of the United States, the Com-
missioner of the United States Section of the International
Boundary and Water Commission, the United States Section
of said Commission, and any other officer or employee of the
United States, shall be subject to the statutory and constitu-
tional controls and processes. Nothing contained in the treaty
or protocol shall be construed as impairing the power of the
Congress of the United States to define the terms of office of
members of the United States Section of the International
Boundary and Water Commission or to provide for their ap-
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pointment by the President by and with the advice and con- H
sent of the Senate or otherwise.
"(c) That nothing contained in the treaty or protocol shall _
be construed as authorizing the Secretary of State of the •
United States, the Commissioner of the United States Section ™
of the International Boundary and Water Commission, or the
United States Section of said Commission, directly or indi- •
rectly to alter or control the distribution of water to users Hi
within the territorial limits of any of the individual States.
" (d) That 'international dam or reservoir' means a dam or
reservoir built across the common boundary between the two
countries.
"(e) That the words 'international plants,' appearing in
article 19, mean only hydroelectric generating plants in con-
nection with dams built across the common boundary be-
tween the two countries.
"(f) That the words 'electric current,' appearing in article
19, mean hydroelectric power generated at an international
plant.
"(g) That by the use of the words 'The jurisdiction of the
Commission shall extend to the limitrophe parts of the Rio
Grande (Rio Bravo) and the Colorado River, to the land
boundary between the two countries, and to works located
upon their common boundary * * *' in the first sentence of
the fifth paragraph of article 2, is meant: 'The jurisdiction of
the Commission shall extend and be limited to the limitrophe
parts of the Rio Grande (Rio Bravo) and the Colorado River,
to the land boundary between the two countries, and to works
located upon their common boundary * * *.'
"(h) The word 'agreements' whenever used in subpara-
graphs (a), (c), and (d) of article 24 of the treaty shall
refer only to agreements entered into pursuant to and subject
to the provisions and limitations of treaties in force between
the United States of America and the United Mexican States.
"(i) The word 'disputes' in the second paragraph of ar-
ticle 2 shall have reference only to disputes between the Gov-
evrnments of the United States of America and the United
Mexican States.
"(j) First, that the one million seven hundred thousand ^^
acre-feet specified in subparagraph (b) of article 10 includes H
and is not in addition to the one million five hundred thousand ™
acre-feet, the delivery of which to Mexico is guaranteed in
subparagraph (a) of article 10; second, that the one million •
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1909 AND 1944 TREATIES
five hundred thousand acre-feet specified in three places in
said subparagraph (b) is identical with the one million five
hundred thousand acre-feet specified in said subparagraph
(a); third, that any use by Mexico under said subparagraph
(b) of quantities of water arriving at the Mexican points
of diversion in excess of said one million five hundred thou-
sand acre-feet shall not give rise to any future claim of right
by Mexico in excess of said guaranteed quantity of one mil-
lion five hundred thousand acre-feet of water.
"(k) The United States recognizes a duty to require that
the protective structures to be constructed under article 12,
paragraph (a), of this treaty, are so constructed, operated,
and maintained as to adequately prevent damage to property
and lands within the United States from the construction and
operation of the diversion structure referred to in said para-
graph."
AND WHEREAS the said treaty and protocol were duly ratified by
the President of the United States of America on November 1,
1945, in pursuance of the aforesaid advice and consent of the
Senate and subject to the aforesaid understandings on the part
of the United States of America;
AND WHEREAS the said treaty and protocol were duly ratified by
the President of the United Mexican States on October 16, 1945,
in pursuance and according to the terms of a Decree of September
27, 1945 of the Senate of the United Mexican States approving
the said treaty and protocol and approving the said understand-
ings on the part of the United States of America in all that refers
to the rights and obligations between the parties;
AND WHEREAS it is provided in Article 28 of the said treaty that
the treaty shall enter into force on the day of the exchange of
ratification;
AND WHEREAS it is provided in the said protocol that the protocol
shall be regarded as an integral part of the said treaty and shall
be effective beginning with the day of the entry into force of the
said treaty;
AND WHEREAS the respective instruments of ratification of the
said treaty and protocol were duly exchanged, and a protocol of
exchange of instruments of ratification was signed in the English
and Spanish languages, by the respective Plenipotentiaries of the
United States of America and the United Mexican States on No-
vember 8, 1945, the English text of which protocol of exchange
of instruments of ratification reads in part as follows:
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"The ratification by the Government of the United States •
of America of the treaty and protocol aforesaid recites in
their entirety the understandings contained in the resolution
of April 18, 1945 of the Senate of the United States of fl|
America advising and consenting to ratification, the text of B
which resolution was communicated by the Government of
the United States of America to the Government of the
United Mexican States. The ratification by the Government of
the United Mexican States of the treaty and protocol afore-
said is effected, in the terms of its instrument of ratification, ••
in conformity to the Decree of September 27, 1945 of the B
Senate of the United Mexican States approving the treaty
and protocol aforesaid and approving also the aforesaid ^_
understandings on the part of the United States of America B
in all that refers to the rights and obligations between both ™
parties, and in which the Mexican Senate refrains from con-
sidering, because it is not competent to pass judgment upon B
them, the provisions which relate exclusively to the internal B
application of the treaty within the United States of America
and by its own authorities, and which are included in the
understandings set forth under the letter (a) in its first part
to the period preceding the words 'It is understood' and under
the letters (b) and (c)."
Now, THEREFORE, be it known that I, Hary S. Truman, President
of the United States of America, do hereby proclaim and make
public the said treaty and the said protocol supplementary thereto,
to the end that the same and every article and clause thereof may
be observed and fulfilled with good faith, on and from the eighth
day of November, one thousand nine hundred forty-five, by the
United States of America and by the citizens of the United States B
of America and all other persons subject to the jurisdiction B
thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused B
the Seal of the United States of America to be affixed. B
DONE at the city of Washington this twenty-seventh day of No-
vember in the year of our Lord one thousand nine
[SEAL] hundred forty-five and of the Independence of the
United States of America the one hundred seventieth.
HARRY S TRUMAN
By the President:
JAMES F BYRNES
Secretary of State «
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DISCLOSURE OF CONFIDENTIAL INFORMATION
GENERALLY
18 § 1905.
Whoever, being an officer or employee of the United States or
of any department or agency thereof, publishes, divulges, dis-
closes, or makes known in any manner or to any extent not au-
thorized by law any information coming to him in the course of
his employment or official duties or by reason of any examination
or investigation made by, or return, report or record made to or
filed with, such department or agency or officer or employee there-
of, which information concerns or relates to the trade secrets,
processes, operations, style of work, or apparatus, or to the iden-
tity, confidential statistical data, amount or source of any income,
profits, losses, or expenditures of any person, firm, partnership,
corporation, or association; or permits any income return or copy
thereof or any book containing any abstract or particulars thereof
to be seen or examined by any person except as provided by law;
shall be fined not more than $1,000, or imprisoned not more than
one year, or both; and shall be removed from office or employment.
June 25,1948, c. 645, 62 Stat. 791.
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CONVENTION ON THE TERRITORIAL SEA AND THE
CONTIGUOUS ZONE, ARTICLE XXIV
PART II
Contiguous Zone
Article 24
1. In a zone of the high sea contiguous to its territorial sea,
the coastal State may exercise the control necessary to:
(a) Prevent infringement of its customs, fiscal, immigration or
sanitary regulations within its territory or territorial sea;
(b) Punish infringement of the above regulations committed
within its territory or territorial sea.
2. The contiguous zone may not extend beyond twelve miles
from the baseline from which the breadth of the territorial sea is
measured.
3. Where the coasts of two States are opposite or adjacent to
each other, neither of the two States is entitled, failing agree-
ment between them to the contrary, to extend its contiguous zone
beyond the median line every point of which is equidistant from
the nearest points on the baselines from which the breadth of the
territorial seas of the two States is measured.
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INTERNATIONAL CONVENTION FOR THE PREVENTION
OF POLLUTION OF THE SEA BY OIL
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
WHEREAS a series of amendments to the International Conven-
tion for the Prevention of Pollution of the Sea by Oil, 1954, [a]
adopted by a Conference of Contracting Governments which con-
vened at London from April 4 to April 11, 1962, was communicated
• to all Contracting Governments for their acceptance in accordance
with paragraph (3) of Article XVI of that Convention;
WHEREAS the text of those amendments, in the English and
French languages, as certified by the Secretary-General of the
Inter-Governmental Maritime Consultative Organization, is word
for word as follows :
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ANNEX t1]
The following are the amendments to the International Convention
mm for the Prevention of Pollution of the Sea by Oil, 1954:
1. The existing text of Article I of the Convention is replaced by
^_ the following :
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ARTICLE I
(1) For the purposes of the present Convention, the following ex-
pressions shall (unless the context otherwise requires) have the
meanings hereby respectively assigned to them, that is to say:
'The Bureau' has the meaning assigned to it by Article XXI;
'Discharge' in relation to oil or to oily mixture means any dis-
charge or escape howsoever caused ;
'Heavy diesel oil' means marine diesel oil, other than those dis-
tillates of which more than 50 per cent by volume distils
at a temperature not exceeding 340° C. when tested by
A.S.T.M. Standard Method D.86/59;
'Mile' means a nautical mile of 6,080 feet or 1,852 metres;
'Oil' means crude oil, fuel oil, heavy diesel oil and lubricating
oil, and 'oily' shall be construed accordingly;
lrTIAS 4900; 12 UST 2989.
(1523)
TIAS 6109
1 The text of the amendments constituted the Annex to the Final Act of the
Conference of Contracting Governments.
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'Oily mixture' means a mixture with an oil content of 100 parts •
or more in 1,000,000 parts of the mixture; ™
'Organization' means the Inter-Governmental Maritime Con-
sultative Organization;
'Ship' means any sea-going vessel of any type whatsoever,
including floating craft, whether self-propelled or towed
by another vessel, making a sea voyage; and 'tanker'
means a ship in which the greater part of the cargo space
is constructed or adapted for the carriage of liquid cargoes
in bulk and which is not, for the time being, carrying a
cargo other than oil in that part of its cargo space.
(2) For the purposes of the present Convention, the territories of a
Contracting Government mean the territory of the country of
which it is the Government and any other territory for the inter-
national relations of which it is responsible and to which the Con-
vention shall have been extended under Article XVIII.
2. The existing text of Article II of the Convention is replaced by
the following:
ARTICLE II
(1) The present Convention shall apply to ships registered in any
of the territories of a Contracting Government and to unregistered
ships having the nationality of a Contracting Party, except:
(a) tankers of under 150 tons gross tonnage and other ships of
under 500 tons gross tonnage, provided that each Contract-
ing Government will take the necessary steps, so far as is
reasonable and practicable, to apply the requirements of the
Convention to such ships also, having regard to their size,
service and the type of fuel used for their propulsion;
(b) ships for the time being engaged in the whaling industry
when actually employed on whaling operations;
(c) ships for the time being navigating the Great Lakes of
North America and their connecting and tributary waters
as far east as the lower exit of St. Lambert Lock at Mon-
treal in the Province of Quebec, Canada;
(d) naval ships and ships for the time being used as naval
auxiliaries.
(2) Each Contracting Government undertakes to adopt appropri-
ate measures ensuring that requirements equivalent to those of the
present Convention are, so far as is reasonable and practicable,
applied to the ships referred to in subparagraph (d) of paragraph
(1) of this Article.
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INTERNATIONAL CONVENTION Art. II
3. The existing text of Article III of the Convention is replaced by
the following:
ARTICLE III
Subject to the provisions of Articles IV and V:
(a) the discharge from a tanker to which the present Conven-
tion applies, within any of the prohibited zones referred to
in Annex A to the Convention, of oil or oily mixture shall be
prohibited;
(6) the discharge from a ship to which the present Convention
applies, other than a tanker, of oil or oily mixture shall be
made as far as practicable from land. As from a date three
years after that on which the Convention comes into force
for the relevant territory in respect of the ship in accordance
with paragraph (1) of Article II, sub-paragraph (a) of this
Article shall apply to a ship other than a tanker, except that
the discharge of oil or of oily mixture from such a ship shall
not be prohibited when the ship is proceeding to a port not
provided with such facilities for ships other than tankers as
are referred to in Article VIII;
• (c) the discharge from a ship of 20,000 tons gross tonnage or
more, to which the present Convention applies and for which
the building contract is placed on or after the date on which
I this provision comes into force, of oil or oily mixture shall be
prohibited. However, if, in the opinion of the master, special
circumstances make it neither reasonable nor practicable to
• retain the oil or oily mixture on board, it may be discharged
outside the prohibited zones referred to in Annex A to the
Convention. The reasons for such discharge shall be reported
to the Contracting Government of the relevant territory in
• respect of the ship in accordance with paragraph (1) of
Article II. Full details of such discharges shall be reported
to the Organization at least every twelve months by Con-
• tracting Governments.
4. The existing text of Article IV of the Convention is replaced by
the following :
ARTICLE IV
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Article III shall not apply to:
(a) the discharge of oil or of oily mixture from a ship for the
purpose of securing the safety of a ship, preventing damage
to a ship or cargo, or saving life at sea;
(6) the escape of oil or of oily mixture resulting from damage to
a ship or unavoidable leakage, if all reasonable precautions
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Art. IV EPA CURRENT LAWS—WATER
have been taken after the occurrence of the damage or dis-
covery of the leakage for the purpose of preventing or
minimizing the escape;
(c) the discharge of residue arising from the purification or
clarification of fuel oil or lubricating oil, provided that such
discharge is made as far from land as is practicable.
5. The existing text of Article V of the Convention is replaced by
the following:
ARTICLE V
Article III shall not apply to the discharge from the bilges of a ship:
(a) during the period of twelve months following the date on
which the present Convention comes into force for the rele-
vant territory in respect of the ship in accordance with
paragraph (1) of Article II, of oily mixture;
(b) after the expiration of such period, of oily mixture contain-
ing no oil other than lubricating oil which has drained or
leaked from machinery spaces.
6. The existing text of Article VI of the Convention is replaced by
the following:
ARTICLE VI
(1) Any convention of Articles III and IX shall be an offence
punishable under the law of the relevant territory in respect of the
ship in accordance with paragraph (1) of Article II.
(2) The penalties which may be imposed under the law of any of the
territories of a Contracting Government in respect of the unlawful
discharge from a ship of oil or oily mixture outside the territorial
sea of that territory shall be adequate in severity to discourage any
such unlawful discharge and shall not be less than the penalties
which may be imposed under the law of that territory in respect of
the same infringements within the territorial sea.
(3) Each Contracting Government shall report to the Organization
the penalties actually imposed for each infringement.
7. The existing text of Article VII of the Convention is replaced by
the following:
ARTICLE VII
(1) As from a date twelve months after the present Convention
comes into force for the relevant territory in respect of a ship in
accordance with paragraph (1) of Article II, such a ship shall be
required to be so fitted as to prevent, so far as reasonable and
practicable, the escape of fuel or heavy diesel oil into bilges, unless _
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INTERNATIONAL CONVENTION Art. VII
effective means are provided to ensure that the oil in the bilges is
not discharged in contravention of this Convention.
(2) Carrying water ballast in oil fuel tanks shall be avoided if
possible.
8. The existing- text of Article VIII of the Convention is replaced
by the following:
ARTICLE VIII
(1) Each Contracting Government shall take all appropriate steps
I to promote the provision of facilities as follows:
(a) according to the needs of ships using them, ports shall be
provided with facilities adequate for the reception, without
causing undue delay to ships, of such residues and oily mix-
tures as would remain for disposal from ships other than
tankers if the bulk of the water had been separated from
the mixture;
• (&) oil loading terminals shall be provided with facilities ade-
quate for the reception of such residues and oily mixtures as
would similarly remain for disposal by tankers;
I(c) ship repair ports shall be provided with facilities adequate
for the reception of such residues and oily mixtures as
would similarly remain for disposal by all ships entering for
repairs.
(2) Each Contracting Government shall determine which are the
ports and oil loading terminals in its territories suitable for the
purposes of sub-paragraphs (a), (b) and (c) of paragraph (1) of
• this Article.
(3) As regards paragraph (1) of this Article, each Contracting
Government shall report to the Organization, for transmission to
• the Contracting Government concerned, all cases where the facili-
ties are alleged to be inadequate.
9. The existing text of Article IX of the Convention is replaced by
the following:
ARTICLE IX
(1) Of the ships to which the present Convention applies, every
ship which uses oil fuel and every tanker shall be provided with an
oil record book, whether as part of the ship's official log book or
otherwise, in the form specified in Annex B to the Convention.
(2) The oil record book shall be completed on each occasion, when-
ever any of the following operations takes place in the ship:
(a) ballasting of and discharge of ballast from cargo tanks of
tankers;
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Art. IX EPA CURRENT LAWS—WATER
(&) cleaning of cargo tanks of tankers; wA
(c) settling in slop tanks and discharge of water from tankers;
(d) disposal from tankers of oily residues from slop tanks or
other sources;
(e) ballasting, or cleaning during voyage, of bunker fuel tanks
of ships other than tankers;
(/) disposal from ships other than tankers of oily residues from
bunker fuel tanks or other sources;
(g) accidental or other exceptional discharges or escapes of oil
from tankers or ships other than tankers.
In the event of such discharge or escape of oil or oily mixture as is
referred to in sub-paragraph (c) of Article III or in Article IV, a
statement shall be made in the oil record book of the circumstances ^^
of, and reason for, the discharge or escape. •
(3) Each operation described in paragraph (2) of this Article shall
be fully recorded without delay in the oil record book so that all the
entries in the book appropriate to that operation are completed.
Each page of the book shall be signed by the officer or officers in
charge of the operations concerned and, when the ship is manned,
by the master of the ship. The written entries in the oil record book
shall be in an official language of the relevant territory in respect of
the ship in accordance with paragraph (1) of Article II, or in
English or French.
(4) Oil record books shall be kept in such a place as to be readily
available for inspection at all reasonable times, and, except in the
case of unmanned ships under tow, shall be kept on board the ship.
They shall be preserved for a period of two years after the last
entry has been made.
(5) The competent authorities of any of the territories of a Con-
tracting Government may inspect on board any ship to which the
present Convention applies, while within a port in that territory,
the oil record book required to be carried in the ship in compliance
with the provisions of this Article, and may make a true copy of
any entry in that book and may require the master of the ship to
certify that the copy is a true copy of such entry. Any copy so
made which purports to have been certified by the master of the
ship as a true copy of an entry in the ship's oil record book shall be
made admissible in any judicial proceedings as evidence of the
facts stated in the entry. Any action by the competent authorities
under this paragraph shall be taken as expeditiously as possible
and the ship shall not be delayed.
10. The existing text of Article X of the Convention is replaced by
the following: mm
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INTERNATIONAL CONVENTION Art. X
ARTICLE X
(1) Any Contracting Government may furnish to the Government
of the relevant territory in respect of the ship in accordance with
paragraph (1) of Article II particulars in writing of evidence that
any provision of the present Convention has been contravened in
respect of that ship, wheresoever the alleged contravention may
have taken place. If it is practicable to do so, the competent author-
ities of the former Government shall notify the master of the ship
of the alleged contravention.
(2) Upon receiving such particulars, the Government so informed
shall investigate the matter, and may request the other Govern-
ment to furnish further or better particulars of the alleged contra-
vention. If the Government so informed is satisfied that sufficient
evidence is available in the form required by its law to enable
proceedings against the owner or master of the ship to be taken in
respect of the alleged contravention, it shall cause such proceedings
to be taken as soon as possible, and shall inform the other Govern-
ment and the Organization of the result of such proceedings.
11. The existing text of Article XIV of the Convention is replaced
by the following:
ARTICLE XIV
(1) The present Convention shall remain open for signature for
three months from this day's date and shall thereafter remain
open for acceptance.
(2) Subject to Article XV, the Governments of States Members of
the United Nations or of any of the Specialized Agencies or parties
to the Statute of the International Court of Justice may become
parties to the present Convention by:
(a) signature without reservation as to acceptance;
(b) signature subject to acceptance followed by acceptance, or
(c) acceptance.
(3) Acceptance shall be effected by the deposit of an instrument of
acceptance with the Bureau, which shall inform all Governments
that have already signed or accepted the present Convention of
each signature and deposit of an acceptance and of the date of such
signature or deposit.
12. The existing text of Article XVI of the Convention is replaced
by the following:
ARTICLE XVI
(1) (a) The present Convention may be amended by unanimous
agreement between the Contracting Governments.
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Art. XVI EPA CURRENT LAWS—WATER
(b) Upon request of any Contracting Government a proposed •
amendment shall be communicated by the Organization
to all Contracting Governments for consideration and
acceptance under this paragraph.
(2) (a) An amendment to the present Convention may be pro-
posed to the Organization at any time by any Contracting
Government, and such proposal if adopted by a two-
thirds majority of the Assembly of the Organization upon
recommendation adopted by a two-thirds majority of the
Maritime Safety Committee of the Organization shall be
communicated by the Organization to all Contracting
Governments for their acceptance.
(b) Any such recommendation by the Maritime Safety Com-
mittee shall be communicated by the Organization to all
Contracting Governments for their consideration at least
six months before it is considered by the Assembly.
(3) (a) A conference of Governments to consider amendments to
the present Convention proposed by any Contracting
Government shall at any time be convened by the Orga-
nization upon the request of one-third of the Contracting
Governments.
(b) Every amendment adopted by such conference by a two-
thirds majority of the Contracting Governments shall be M
communicated by the Organization to all Contracting QP
Governments for their acceptance.
(4) Any amendment communicated to Contracting Governments
for their acceptance under paragraph (2) or (3) of this Article
shall come into force for all Contracting Governments, except those
which before it comes into force make a declaration that they do
not accept the amendment, twelve months after the date on which
the amendment is accepted by two-thirds of the Contracting Gov-
ernments.
(5) The Assembly, by a two-thirds majority vote, including two-
thirds of the Governments represented on the Maritime Safety
Committee, and subject to the concurrence of two-thirds of the
Contracting Governments to the present Convention, or a confer-
ence convened under paragraph (3) of this Article by a two-thirds
majority vote, may determine at the time of its adoption that the
amendment is of such an important nature that any Contracting
Government which makes a declaration under paragraph (4) of
this Article and which does not accept the amendment within a
period of twelve months after the amendment comes into force,
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INTERNATIONAL CONVENTION Art. XVI
shall, upon the expiry of this period, cease to be a party to the
present Convention.
(6) The Organization shall inform all Contracting Governments of
any amendments which come into force under this Article, together
with the date on which such amendments shall come into force.
(7) Any acceptance or declaration under this Article shall be made
by a notification in writing to the Organization which shall notify
all Contracting Governments of the receipt of the acceptance or
declaration.
13. The existing text of Article XVIII of the Convention is re-
placed by the following:
ARTICLE XVIII
(1) (a) The United Nations in cases where they are the admin-
istering authority for a territory or any Contracting Gov-
ernment responsible for the international relations of a
territory shall as soon as possible consult with such terri-
tory in an endeavour to extend the present Convention to
that territory and may at any time by notification in writ-
ing given to the Bureau declare that the Convention shall
extend to such territory.
(b) The present Convention shall from the date of the receipt
of the notification or from such other date as may be
specified in the notification extend to the territory named
therein.
(2) (a) The United Nations in cases where they are the admin-
istering authority for a territory or any Contracting Gov-
ernment which has made a declaration under paragraph
(1) of this Article, at any time after the expiry of a
period of five years from the date on which the present
Convention has been so extended to any territory, may by
a notification in writing given to the Bureau after consul-
tation with such territory declare that the Convention
shall cease to extend to any such territory named in the
notification.
(&) The present Convention shall cease to extend to any
territory mentioned in such notification one year, or such
longer period as may be specified therein, after the date of
receipt of the notification by the Bureau.
(3) The Bureau shall inform all the Contracting Governments of
the extension of the present Convention to any territory under
paragraph (1) of this Article, and of the termination of any such
extension under the provisions of paragraph (2) stating in each
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The North-East Atlantic Zone shall include the sea
XTIAS 5639; 15 UST 1606.
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Art. XVIII EPA CURRENT LAWS—WATER
case the date from which the Convention has been or will cease to
be so extended.
14. The existing text of Annex A to the Convention is replaced by
the following:
ANNEX A
PROHIBITED ZONES
(1) All sea areas within 50 miles from the nearest land shall be
prohibited zones.
For the purposes of this Annex, the term 'from the nearest
land' means 'from the base-line from which the territorial sea of the
territory in question is established in accordance with the Geneva
Convention on the Territorial Sea and the Contiguous Zone,
1958'. ['] •
(2) The following sea areas, insofar as they extend more than 50 BB
miles from the nearest land, shall also be prohibited zones:
(a) Pacific Ocean
The Canadian Western Zone
The Canadian Western Zone shall extend for a distance of
100 miles from the nearest land along the west coast of M*
Canada. BJ
(b) North Atlantic Ocean, North Sea and Baltic Sea
(i) The North-West Atlantic Zone
The North-West Atlantic Zone shall comprise the
sea areas within a line drawn from latitude 38° 47'
north, longitude 73° 43' west to latitude 39° 58'
north, longitude 68° 34' west thence to latitude
42° 05' north, longitude 64° 37' west thence along
the east coast of Canada at a distance of 100 miles
from the nearest land.
(ii) The Icelandic Zone
The Icelandic Zone shall extend for a distance of
100 miles from the nearest land along the coast of
Iceland.
(iii) The Norwegian, North Sea and Baltic Sea Zone
The Norwegian, North Sea and Baltic Sea Zone
shall extend for a distance of 100 miles from the
nearest land along the coast of Norway and shall
include the whole of the North Sea and of the
Baltic Sea and its Gulfs. «•
(iv) The North-East Atlantic Zone •
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INTERNATIONAL CONVENTION Art. XVIII
areas within a line drawn between the following
positions:
Latitude Longitude
62° north 2° east,
64° north 00°
64° north 10° west,
60° north 14° west;
54° 30' north 30° west,
53° north 40° west;
44° 20' north 40° west,
44° 20'north 30° west;
46° north 20° west, thence towards Cape
Finisterre at the intersection of the 50-mile limit.
(v) The Spanish Zone
The Spanish Zone shall comprise the areas of the
Atlantic Ocean within a distance of 100 miles from
the nearest land along the coast of Spain and shall
come into operation on the date on which the
present Convention shall have come into force in
respect of Spain.
(vi) The Portuguese Zone
The Portuguese Zone shall comprise the area of
the Atlantic Ocean within a distance of 100 miles
from the nearest land along the coast of Portugal
and shall come into operation on the date on which
the present Convention shall have come into force
in respect of Portugal.
(c) Mediterranean and Adriatic Seas
The Mediterranean and Adriatic Zone
The Mediterranean and Adriatic Zone shall comprise the
sea areas within a distance of 100 miles from the nearest
land along the coasts of each of the territories bordering
the Mediterranean and Adriatic Seas and shall come into
operation in respect of each territory on the date on
which the present Convention shall have come into force
in respect of that territory.
(d) Black Sea and Sea of Azov
The Black Sea and Sea of Azov Zone
The Black Sea and Sea of Azov Zone shall comprise the
sea areas within a distance of 100 miles from the nearest
land along the coasts of each of the territories bordering
the Black Sea and Sea of Azov and shall come into opera-
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Art. XVIII EPA CURRENT LAWS—WATER
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12
tion in respect of each territory on the date on which the •
present Convention shall have come into force in respect ^*
of that territory.
Provided that the whole of the Black Sea and the Sea of
Azov shall become a prohibited zone on the date on
which the present Convention shall have come into force
in respect of Roumania and the Union of Soviet Socialist M>
Eepublics. •
(e) Red Sea
The Red Sea Zone —
The Red Sea Zone shall comprise the sea areas within a •
distance of 100 miles from the nearest land along the ^*
coasts of each of the territories bordering the Red Sea
and shall come into operation in respect of each territory flH
on the date on which the present Convention shall have |§
come into force in respect of that territory.
(/) Persian Gulf M
(i) The Kuwait Zone •
The Kuwait Zone shall comprise the sea area
within a distance of 100 miles from the nearest
land along the coast of Kuwait.
(ii) The Saudi Arabian Zone
The Saudi Arabian Zone shall comprise the sea
area within a distance of 100 miles from the near-
est land along the coast of Saudi Arabia and shall
come into operation on the date on which the
present Convention shall have come into force in
respect of Saudi Arabia.
(g) Arabian Sea, Bay of Bengal and Indian Ocean
(i) The Arabian Sea Zone
The Arabian Sea Zone shall comprise the sea areas
within a line drawn between the following positions:
Latitude Longitude ^
23° 33' north 68° 20' east, •
23 ° 33' north 67 ° 30' east; ™
22° north 68° east,
20° north 70° east; •
18° 55' north 72° east, •
15° 40' north 72° 42' east;
8° 30'north 75° 48'east,
7° 10' north 76° 50' east;
7° 10' north 78° 14' east,
9 ° 06' north 79 ° 32' east, ^
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INTERNATIONAL CONVENTION Art. XVIII
and shall come into operation on the date on which
the present Convention shall have come into force
in respect to India.
(ii) The Bay of Bengal Coastal Zone
The Bay of Bengal Coastal Zone shall comprise the
sea areas between the nearest land and a line
drawn between the following positions:
Latitude Longitude
10° 15'north 80° 50'east,
14° 30'north 81° 38'east;
20° 20'north 88° 10'east,
20° 20'north 89° east,
and shall come into operation on the date on which
the present Convention shall have come into force
in respect of India.
(iii) The Malagasy Zone
The Malagasy Zone shall comprise the sea area
within a distance of 100 miles from the nearest
land along the coast of Madagascar west of the
meridans of Cape d'Ambre in the north and of
Cape Ste. Marie in the south and within a distance
of 150 miles from the nearest land along the coast
of Madagascar east of these meridans, and shall
come into operation when the present Convention
shall have come into force in respect of Madagascar.
(h) Australia
The Australian Zone
The Australian Zone shall comprise the sea area within
a distance of 150 miles from the nearest land along- the
coasts of Australia, except off the north and west coasts
of the Australian mainland between the point opposite
Thursday Island and the point on the west coast at 20°
south latitude.
(3) (a) Any Contracting Government may propose:
(i) the reduction of any zone off the coast of any of
its territories ;
(ii) the extension of any such zone to a maximum of
100 miles from the nearest land along any such
coast,
by making a declaration to that effect and the reduction
or extension shall come into force after the expiration of
a period of six months after the declaration has been
made, unless any one of the Contracting Governments
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shall have made a declaration not less than two months •
before the expiration of that period to the effect that it
considers that the destruction of birds and adverse
effects on fish and the marine organisms on which they •
feed would be likely to occur or that its interests are V
affected either by reason of the proximity of its coasts
or by reason of its ships trading in the area, and that it
does not accept the reduction or extension, as the case
may be.
(6) Any declaration under this paragraph shall be made by ^
a notification in writing to the Organization which shall •
notify all Contracting Governments of the receipt of the
declaration.
(4) The Organization shall prepare a set of charts indicating the
extent of the prohibited zones in force in accordance with para-
graph (2) of this Annex and shall issue amendments thereto as
may be necessary.
15. The following changes to be made in Annex B to the Conven-
tion:
1. Throughout the Annex replace the words 'Identity numbers
of tank(s)' by 'Identity numbers of tank(s) concerned'.
2. In Form I (a) replace the words 'Place or position of ship' by
'Place or position of ship at time of discharge'.
3. In Form l(d) and Form II (a) and (6) replace the words
'Place or position of ship' by 'Place or position of ship at time
of disposal'.
4. In Form I(c) add a new line 17 as follows: '17. Approximate
quantities of water discharged' and re-number lines in (d)
18 to 20.
5. Delete the words 'from ship' in the headings of Forms I(d)
and II (6).
6. In Form III replace the words 'Place or position of ship' by
'Place or position of ship at time of occurrence'.
WHEREAS the Senate of the United States of America by their
resolution of February 25, 1964, two-thirds of the Senators present
concurring therein, did advise and consent to the acceptance of the
said amendments;
WHEREAS the amendments were duly ratified and accepted by the
President of the United States of America on September 9, 1966, in
pursuance of the advice and consent of the Senate;
WHEREAS it is provided in paragraph (4) of Article XVI of the
International Convention for the Prevention of the Pollution of the
Sea by Oil, 1954, that any amendment communicated to Contract- ••
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INTERNATIONAL CONVENTION Art. XVIII
ing Governments for their acceptance under paragraph (3) of that
Article shall come into force for all Contracting Governments, ex-
cept those which before it comes into force make a declaration that
they do not accept the amendment, twelve months after the date on
which the amendment is accepted by two-thirds of the Contracting
Governments;
WHEREAS instruments of acceptance of the said amendments
were deposited with the Inter-Governmental Maritime Consulta-
tive Organization by Contracting Governments as follows: Poland,
except as to the amendment to Article XIV, on January 28, 1963;
France on April 29, 1963; Sweden on June 10, 1963; Canada on
July 5,1963; Kuwait on July 17,1963; Norway on August 7,1963;
Liberia on August 21, 1963; the United Kingdom of Great Britain
and Northern Ireland on August 28, 1963; the United Arab Re-
public on October 3, 1963; the Netherlands on December 23, 1963;
Denmark on May 22, 1964; Ghana on October 19, 1964; Jordan on
December 14, 1964; the Federal Republic of Germany on December
17, 1964; Malagasy Republic on June 21,1965; Ireland on August
3, 1965; the Philippines on November 9, 1965; Belgium on Febru-
ary 10,1966; Finland on March 14, 1966; Switzerland on May 11,
1966; Iceland on May 18, 1966; and Israel on June 28, 1966;
WHEREAS, as a consequence of the deposit by a Contracting Gov-
ernment (Iceland) of the twenty-first acceptance of the amend-
ments to Articles I, II, III, IV, V, VI, VII, VIII, IX, X, XVI and
XVIII and the amendments to Annexes A and .B, two-thirds of the
Contracting Governments to the Convention had accepted those
amendments, which will accordingly come into force on May 18,
1967;
WHEREAS, as a consequence of the deposit on June 28, 1966 by a
Contracting Government (Israel) of the twenty-first acceptance of
the amendment to Article XIV, two-thirds of the Contracting Gov-
ernments had accepted that amendment, which will accordingly
come into force on June 28,1967;
AND WHEREAS an instrument of acceptance of all of the aforesaid
amendments was deposited by the Government of the United States
of America on September 21,1966;
Now, THEREFORE, be it known that I, Lyndon B. Johnson, Presi-
dent of the United States of America, do hereby proclaim and make
public the said amendments to the International Convention for the
Prevention of Pollution of the Sea by Oil, 1954, to the end that they
shall be observed and fulfilled with good faith, on and after May 18,
1967 with respect to the amendments to Articles I, II, III, IV, V,
VI, VII, VIII, IX, X, XVI, and XVIII and the amendments to
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Annexes A and B, and on and after June 28, 1967 with respect to
the amendment to Article XIV, by the United States of America
and by the citizens of the United States of America and all other
persons subject to the jurisdiction thereof.
IN TESTIMONY WHEREOF, I have hereunto set my hand and caused
the Seal of the United States of America to be affixed.
DONE at the city of Washington this seventh day of October in
the year of our Lord one thousand nine hundred sixty-six
[SEAL] and of the Independence of the United States of America
the one hundred ninety-first.
LYNDON B. JOHNSON
By the President:
NICHOLAS DEB KATZENBACH
Acting Secretary of State fl|
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GRANTING CLEARANCES
§ 91.
The master or person having the charge or command of any
vessel bound to a foreign port shall deliver to the collector of the
district from which such vessel is about to depart a manifest of
all the cargo on board the same, and the value thereof, by him
subscribed, and shall swear to the truth thereof; whereupon the
collecter shall grant a clearance for such vessel and her cargo, but
without specifying the particulars thereof in the clearance, unless
required by the master or other person having the charge or com-
mand of such vessel so to do. If any vessel bound to a foreign
port (other than a licensed yacht or an undocumented American
pleasure vessel not engaged in any trade nor in any way violating
the customs or navigation laws of the United States) departs
from any port or place in the United States without a clearance,
or if the master delivers a false manifest, or does not answer
truly the questions demanded of him, or, having received a clear-
ance adds to the cargo of such vessel without having mentioned
in the report outwards the intention to do so, or if the departure
of the vessel is delayed beyond the second day after obtaining
clearance without reporting the delay to the collector, the master or
other person having the charge or command of such vessel shall be
liable to a penalty of not more than $1,000 nor less than $500, or if
the cargo consists in any part of narcotic drugs, on any spirits,
wines, or other alcoholic liquors (sea stores excepted), a penalty of
not more than $5,000 nor less than $1,000 for each offense, and the
vessel shall be detained in any port of the United States until the
said penalty is paid or secured: Provided, That in order that the
commerce of the United States may move with expedition and
without undue delay, the Commissioner of Customs is authorized
to make regulations permitting the master of any vessel taking
on cargo for a foreign port or for a port in noncontiguous territory
belonging to the United States to file a manifest as hereinbefore
provided, and if the manifest be not a complete manifest and it
so appears upon such manifest, the collector of customs may
grant clearance to the vessel in the case of an incomplete manifest,
taking from the owner of the vessel, who may act in the premises
by a duly authorized attorney in fact, a bond with security ap-
proved by the collector of customs in the penal sum of $1,000,
conditioned that the master or someone for him will file a com-
pleted outward manifest not later than the fourth business day
after the clearance of the vessel. In the event that the said
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46 § 91 EPA CURRENT LAWS—WATER
complete outward manifest be not filed as required by the pro- •
visions of this section and the regulations made by the Commis- ™
sioner of Customs in pursuance hereof, then a penalty of $50 for
each day's delinquency beyond the allowed period of four days |l
for filing the completed manifest shall be exacted, and if the •
completed manifest be not filed within the three days following
the four-day period, then for each succeeding day of delinquency
a penalty of $100 shall be exacted. Suit may be instituted in the
name of the United States against the principal and surety on the
bond for the recovery of any penalties that may accrue and be
exacted in accordance with the terms of the bond. R.S. § 4197;
Aug. 5, 1935, c. 438, Title II, § 209, 49 Stat. 526; June 16, 1938, c.
476, § 1, 52 Stat. 758; 1946 Reorg. Plan No. 3, §§ 101-104, eff. July
16, 1946, 11 F.R. 7875, 60 Stat. 1097; Sept. 1, 1954, c. 1213, Title •
V, § 501 (a), 68 Stat. 1140. •
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OUTER CONTINENTAL SHELF LANDS ACT
§ 1331. Definitions
When used in this subchapter—
(a) The term "outer Continental Shelf" means all submerged
lands lying seaward and outside of the area of lands beneath
navigable waters as defined in section 1301 of this title, and of
which the subsoil and seabed appertain to the United States and
are subject to its jurisdiction and control;
(b) The term "Secretary""means the Secretary of the Interior;
(c) The term "mineral lease" means any form of authorizaton
for the exploration for, or development or removal of deposits of,
oil, gas, or other minerals; and
(d) The term "person" includes, in addition to a natural per-
son, an association, a State, a political subdivision of a State, or
a private, public, or municipal corporation. Aug. 7, 1953, c. 345,
§ 2, 67 Stat. 462.
§ 1332. Congressional declaration of policy; jurisdiction; con-
struction
(a) It is declared to be the policy of the United States that the
subsoil and seabed of the outer Continental Shelf appertain to the
United States and are subject to its jurisdiction, control, and
power of disposition as provided in this subchapter.
(b) This subchanter shall be construed in such manner that
the character as high seas of the waters above the outer Con-
tinental Shelf and the right to navigation and fishing therein shall
not be affected. Aug. 7, 1953, c. 345, § 3, 67 Stat. 462.
§ 1333. Laws and regulations governing: lands—Constitution
and United States laws; laws of adjacent States; publication of
projected States lines; restriction on State taxation and jurisdic-
tion
(a) (1) The Constitution and laws and civil and political juris-
diction of the United States are extended to the subsoil and seabed
of the outer Continental Shelf and to all artificial islands and fixed
structures which may be erected thereon for the purpose of ex-
ploring for, developing, removing, and transporting resources
therefrom, to the same extent as if the outer Continental Shelf
were an area of exclusive Federal jurisdiction located within a
State: Provided, however, That mineral leases on the outer Con-
tinental Shelf shall be maintained or issued only under the pro-
visions of this subchapter.
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43 § 1333 EPA CURRENT LAWS—WATER
(2) To the extent that they are applicable and not inconsistent
with this subchapter or with other Federal laws and regulations
of the Secretary now in effect or hereafter adopted, the civil and
criminal laws of each adjacent State as of August 7, 1953 are
declared to be the law of the United States for that portion of the
subsoil and seabed of the outer Continental Shelf, and artificial
islands and fixed structures erected thereon, which would be
within the area of the State if its boundaries were extended sea-
ward to the outer margin of the outer Continental Shelf, and the
President shall determine and publish in the Federal Register •
such projected lines extending seaward and defining each such H
area. All of such applicable laws shall be administered and en-
forced by the appropriate officers and courts of the United States.
State taxation laws shall not apply to the outer Continental Shelf. •
(3) The provisions of his section for adoption of State law as ™
the law of the United States shall never be interpreted as a basis
for claiming any interest in or jurisdiction on behalf of any State
for any purpose over the seabed and subsoil of the outer Con-
tinental Shelf, or the property and natural resources thereof or
the revenues therefrom.
Jurisdiction of United States district courts
(b) The United States district courts shall have original juris-
diction of cases and controversies arising out of or in connection
with any operations conducted on the outer Continental Shelf for
the purpose of exploring for, developing, removing or transporting
by pipeline the natural resources, or involving rights to the na-
tural resources of the subsoil and seabed of the outer Continental
Shelf, and proceedings with respect to any such case or con-
troversy may be instituted in the judicial district in which any
defendant resides or may be found, or in the judicial district of
the adjacent State nearest the place where the cause of action
arose. «
Applicability of Longshoremen's and Harbor Workers' ^*
Compensation Act; definitions
(c) With respect to disability or death of an employee result- •
ing from any injury occurring as the result of operations de- •
scribed in subsection (b) of this section, compensation shall be
payable under the provisions of the Longshoremen's and Harbor •
Workers' Compensation Act. For the purposes of the extension •
of the provisions of the Longshoremen's and Harbor Workers'
Compensation Act under this section— _
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OUTER CONTINENTAL SHELF ACT 43 § 1333
(1) the term "employee' does not include a master or
member of a crew of any vessel, or an officer or employee of
the United States or any agency thereof or of any State or
foreign government, or of any political subdivision thereof;
(2) the term "employer" means an employer any of whose
employees are employed in such operations; and
(3) the term "United States" when used in a geographical
sense includes the outer Continental Shelf and artificial
islands and fixed structures thereon.
Applicability of National Labor Relations Act
(d) For the purposes of the National Labor Relations Act, as
amended, any unfair labor practice, as defined in such Act, oc-
curring upon any artificial island or fixed structure referred to
in subsection (a) of this section shall be deemed to have occurred
within the judicial district of the adjacent State nearest the place
of location of such island or structure.
Coast Guard regulations; marking of islands and structures;
offenses and penalties
(e) (1) The head of the Department in which the Coast Guard
is operating shall have authority to promulgate and enforce such
reasonable regulations with respect to lights and other warning
devices, safety equipment, and other matters relating to the pro-
motion of safety of life and property on the islands and structures
referred to in subsection (a) of this section or on the waters
adjacent thereto, as he may deem necessary.
(2) The head of the Department in which the Coast Guard is
operating may mark for the protection of navigation any such
island or structure whenever the owner has failed suitably to
mark the same in accordance with regulations issued hereunder,
and the owner shall pay the cost thereof. Any person, firm, com-
pany, or corporation who shall fail or refuse to obey any of the
lawful rules and regulations issued hereunder shall be guilty of
a misdemeanor and shall be fined not more than $100 for each
offense. Each day during which such violation shall continue
shall be considered a new offense.
Prevention of obstruction to navigation by Secretary of the Army
(f) The authority of the Secretary of the Army to prevent ob-
struction to navigation in the navigable waters of the United
States is extended to artificial islands and fixed structures located
on the outer Continental Shelf.
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43 § 1333 EPA CURRENT LAWS—WATER
Provisions as non-exclusive
(g) The specific application by this section of certain provisions
of law to the subsoil and seabed of the outer Continental Shelf
and the artificial islands and fixed structures referred to in sub-
section (a) of this section or to acts or offenses occurring or
committed thereon shall not give rise to any inference that the
application to such islands and structures, acts, or offenses of any
other provision of law is not intended. Aug. 7, 1953, c. 345, § 4,
67 Stat. 462.
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§ 1334. Administration of leasing—Rules and regulations; •
amendment; cooperation with State agencies; violation and penal- •
ties; compliance with regulations as condition of lease
(a) (1) The Secretary shall administer the provisions of this
subchapter relating to the leasing of the outer Continental Shelf,
and shall prescribe such rules and regulations as may be necessary
to carry out such provisions. The Secretary may at any time pre- ••
scribe and amend such rules and regulations as he determines to fl
be necessary and proper in order to provide for the prevention of
waste and conservation of the natural resources of the owner Con-
tinental Shelf, and the protection of correlative rights therein,
and, notwithstanding any other provisions herein, such rules and
regulations shall apply to all operations conducted under a lease
issued or maintained under the provisions of this subchapter. In
the enforcement of conservation laws, rules, and regulations the
Secretary is authorized to cooperate with the conservation agen-
cies of the adjacent States. Without limiting the generality of the
foregoing provisions of this section, the rules and regulations
prescribed by the Secretary thereunder may provide for the as-
signment or relinquishment of leases, for the sale of royalty oil
and gas accruing or reserved to the United States at not less than
market value, and, in the interest of conservation, for unitization,
pooling, drilling agreements, suspension of operations or produc-
tion, reduction of rentals or royalties, compensatory royalty agree-
ments, subsurface storage of oil or gas in any of said submerged
lands, and drilling or other easements necessary for operations or
production.
(2) Any person who knowingly and willfully violates any rule
or regulation prescribed by the Secretary for the prevention of
waste, the conservation of the natural resources, or the protection
of correlative rights shall be deemed guilty of a misdemeanor
and punishable by a fine of not more than $2,000 or by imprison-
ment for not more than six months, or by both such fine and im- _
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OUTER CONTINENTAL SHELF ACT 43 § 1334
prisonment, and each day of violation shall be deemed to be a
separate offense. The issuance and continuance in effect of any
lease, or of any extension, renewal, or replacement of any lease
under the provisions of this subchapter shall be conditioned upon
compliance with the regulations issued under this subchapter and
in force and effect on the date of the issuance of the lease if the
lease is issued under the provisions of section 1337 of this title, or
with the regulations issued under the provisions of section
1335 (b) (2) of this title if the lease is maintained under the pro-
visions of section 1335 of this title.
Cancellation of lease; judicial review
(b) (1) Whenever the owner of a nonproducing lease fails to
comply with any of the provisions of this subchapter, or of the
lease, or of the regulations issued under this subchapter and in
force and effect on the date of the issuance of the lease if the
lease is issued under the provisions of section 1337 of this title,
or of the regulations issued under the provisions of section
1335 (b) (2) of this title, if the lease is maintained under the pro-
visions of section 1335 of this title, such lease may be canceled by
the Secretary, subject to the right of judicial review as provided
in section 1337(j) of this title, if such default continues for the
period of thirty days after mailing of notice by registered letter
to the lease owner at his record post office address.
(2) Whenever the owner of any producing lease fails to comply
with any of the provisions of this subchapter, or of the lease,
or of the regulations issued under this subchapter and in force
and effect on the date of the issuance of the lease if the lease is
issued under the provisions of section 1337 of this title, or of the
regulations issued under the provisions of section 1335 (b) (2)
of this title, if the lease is maintained under the provisions of
section 1335 of this title, such lease may be forfeited and canceled
by an appropriate proceeding in any United States district court
having jurisdiction under the provisions of section 1333 (b) of
this title.
Pipeline rights-of-way; forfeiture of grant
(c) Rights-of-way through the submerged lands of the outer
Continental Shelf, whether or not such lands are included in a
lease maintained or issued pursuant to this subchapter, may be
granted by the Secretary for pipeline purposes for the transporta-
tion of oil, natural gas, sulphur, or other mineral under such regu-
lations and upon such conditions as to the application therefor
and the survey, location and width thereof as may be prescribed
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43 § 1334 EPA CURRENT LAWS—WATER
by the Secretary, and upon the express condition that such oil •
or gas pipelines shall transport or purchase without discrimina- ™
tion, oil or natural gas produced from said submerged lands in the
vicinity of the pipeline in such proportionate amounts as the Fed- flj
eral Power Commission, in the case of gas, and the Interstate B
Commerce Commission, in the case of oil, may, after a full hear-
ing with due notice thereof to the interested parties, determine
to be reasonable, taking into account, among other things, conser-
vation and the prevention of waste. Failure to comply with the
provisions of this section or the regulations and conditions pre-
scribed thereunder shall be ground for forfeiture of the grant in
an appropriate judicial proceeding instituted by the United
States in any United States district court having jurisdiction un-
der the provisions of section 1333 (b) of this title. Aug. 7, 1953,
c. 345, § 5, 67 Stat. 464.
§ 1335. Validation and maintenance of prior leases—Require-
ments for Validation
(a) The provisions of this section shall apply to any mineral
lease covering submerged lands of the outer Continental Shelf
issued by any State (including any extension, renewal, or replace-
ment thereof heretofore granted pursuant to such lease or under
the laws of such State) if—
(1) such lease, or a true copy thereof, is filed with the
Secretary by the lessee or his duly authorized agent within
ninety days from August 7, 1953, or within such further
period or periods as provided in section 1336 of this title or
as may be fixed from time to time by the Secretary;
(2) such lease was issued prior to December 21, 1948, and
would have been on June 5, 1950, in force and effect in ac-
cordance with its terms and provisions and the law of the
State issuing it had the State had authority to issue such
lease;
(3) there is filed with the Secretary, within the period or
periods specified in paragraph (1) of this subsection, (A)
a certificate issued by the State official or agency having
jurisdiction over such lease stating that it would have been
in force and effect as required by the provisions of paragraph
(2) of this subsection, or (B) in the absence of such certifi-
cate, evidence in the form of affidavits, receipts, canceled
checks, or other documents that may be required by the
Secretary, sufficient to prove that such lease would have been
so in force and effect;
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OUTER CONTINENTAL SHELF ACT 43 § 1335
(4) except as otherwise provided in section 1336 of this
title hereof, all rents, royalties, and other sums payable un-
der such lease between June 5, 1950, and August 7, 1953,
which have not been paid in accordance with the provisions
thereof, or to the Secretary or to the Secretary of the Navy,
are paid to the Secretary within the period or periods spe-
cified in paragraph (1) of this subsection, and all rents,
royalties, and other sums payable under such lease after
August 7, 1953, are paid to the Secretary, who shall deposit
such payments in the Treasury in accordance with section
1338 of this title;
(5) the holder of such lease certifies that such lease shall
continue to be subject to the overriding royalty obligations
existing on August 7,1953;
(6) such lease was not obtained by fraud or misrepresen-
tation ;
(7) such lease, if issued on or after June 23, 1947, was
issued upon the basis of competitive bidding;
(8) such lease provides for a royalty to the lessor on oil
and gas of not less than 121/2 per centum and on sulphur of
not less than 5 per centum in amount or value of the produc-
tion saved, removed, or sold from the lease, or, in any case
in which the lease provides for a lesser royalty, the holder
thereof consents in writing, filed with the Secretary, to the
increase of the royalty to the minimum herein specified;
(9) the holder thereof pays to the Secretary within the
period or periods specified in paragraph (1) of this subsection
an amount equivalent to any severance, gross production, or
occupation taxes imposed by the State issuing the lease on
the production from the lease, less the State's royalty interest
in such production, between June 5, 1950, and August 7, 1953
and not heretofore paid to the State, and thereafter pays to
the Secretary as an additional royalty on the production from
the lease, less the United States' royalty interest in such pro-
duction, a sum of money equal to the amount of the sever-
ance, gross production, or occupation taxes which would
have been payable on such production to the State issuing
the lease under its laws as they existed on August 7, 1953;
(10) such lease will terminate within a period of not more
than five years from August 7, 1953 in the absence of pro-
duction or operations for drilling, or, in any case in which the
lease provides for a longer period, the holder thereof consents
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43 § 1335 EPA CURRENT LAWS—WATER
in writing, filed with the Secretary, to the reduction of such •
period so that it will not exceed the maximum period herein ™
specified; and
(11) the holder of such lease furnishes such surety bond,
if any, as the Secretary may require and complies with such
other reasonable requirements as the Secretary may deem
necessary to protect the interests of the United States. ••
Conduct of operations under lease; sulphur rights ^»
(b) Any person holding a mineral lease, which as determined
by the Secretary meets the requirements of subsection (a) of this •
section, may continue to maintain such lease, and may conduct ^1
operations thereunder, in accordance with (1) its provisions as to
the area, the minerals covered, rentals and, subject to the provi-
sions of paragraphs (8)-(10) of subsection (a) of this section, as
to royalties and as to the term thereof and of any extensions, re-
newals, or replacements authorized therein or heretofore author-
ized by the laws of the State issuing such lease, or, if oil or gas
was not being produced in paying quantities from such lease on
or before December 11, 1950, or if production in paying quantities
has ceased since June 5, 1950, or if the primary term of such •
lease has expired since December 11, 1950, then for a term from •
August 7, 1953 equal to the term remaining unexpired on Decem-
ber 11, 1950, under the provisions of such lease or any extension •
renewals, or replacements authorized therein, or heretofore au- •§
thorized by the laws of such State, and (2) such regulations as the
Secretary may under section 1334 of this title prescribe within
ninety days after making his determination that such lease meets
the requirements of subsection (a) of this section: Provided, how-
ever, That any rights to sulphur under any lease maintained un-
der the provisions of this subsection shall not extend beyond the
primary term of such lease or any extension thereof under the
provisions of this subsection unless sulphur is being produced in
paying quantities or drilling, well reworking, plant construction,
or other operations for the production of sulphur, as approved by
the Secretary, are being conducted on the area covered by such
lease on the date of expiration of such primary term or extension:
Provided further, That if sulphur is being produced in paying
quantities on such date, then such rights shall continue to be
maintained in accordance with such lease and the provisions of
this subchapter: Provided further, That, if the primary term of
a lease being maintained under this subsection has expired prior
to August 7, 1953 and oil or gas is being produced in paying
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OUTER CONTINENTAL SHELF ACT 43 § 1335
quantities on such date, then such rights to sulphur as the lessee
may have under such lease shall continue for twenty-four months
from August 7, 1953 and as long thereafter as sulphur is produced
in paying quantities, or drilling, well working, plant construction,
or other operations for the production of sulphur, as approved by
the Secretary, are being conducted on the area covered by the
lease.
Non-waiver of United States claims
(c) The permission granted in subsection (b) of this section
shall not be construed to be a waiver of such claims, if any, as
• the United States may have against the lessor or the lessee or
^* any other person respecting sums payable or paid for or under
the lease, or respecting activities conducted under the lease, prior
to August 7, 1953.
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Judicial review of determination
(d) Any person complaining of a negative determination by
the Secretary of the Interior under this section may have such
determination reviewed by the United States District Court for
the District of Columbia by filing a petition for review within
sixty days after receiving notice of such action by the Secretary.
Lands beneath navigable waters
(e) In the event any lease maintained under this section covers
lands beneath navigable waters, as that term is used in sub-
chapters I and II of this chapter, as well as lands of the outer
Continental Shelf, the provisions of this section shall apply to such
lease only insofar as it covers lands of the outer Continental Shelf.
Aug. 7,1953, c. 345, § 6, 67 Stat. 465.
§ 1336. Controversies over jurisdiction; agreements; payments;
final settlement or adjudication; approval of notice concerning oil
and gas operations in Gulf of Mexico
In the event of a controversy between the United States and a
State as to whether or not lands are subject to the provisions of
this subchapter, the Secretary is authorized, notwithstanding the
provisions of section 1335 (a) and (b) of this title, and with the
concurrence of the Attorney General of the United States, to
negotiate and enter into agreements with the State, its political
subdivision or grantee or a lessee thereof, respecting operations
under existing mineral leases and payment and impounding of
rents, royalties, and other sums payable thereunder, or with the
State, its political subdivision or grantee respecting the issuance
or nonissuance of new mineral leases pending the settlement or
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43 § 1336 EPA CURRENT LAWS—WATER
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adjudication of the controversy. The authorization contained in H
the preceding sentence of this section shall not be construed to HI
be a limitation upon the authority conferred on the Secretary in
other sections of this subchapter. Payments made pursuant to
such agreement, or pursuant to any stipulation between the
United States and a State, shall be considered as compliance with
section 1335 (a) (4) of this title. Upon the termination of such
agreement or stipulation by reason of the final settlement or ad-
judication of such controversy, if the lands subject to any mineral
lease are determined to be in whole or in part lands subject to
the provisions of this subchapter, the lessee, if he has not already
done so, shall comply with the requirements of section 1335 (a)
of this title, and thereupon the provisions of section 1335 (b) of
this title shall govern such lease. The notice concerning "Oil and
Gas Operations in the Submerged Coastal Lands of the Gulf of
Mexico" issued by the Secretary on December 11, 1950 (15 F.R.
8835), as amended by the notice dated January 26, 1951 (16 F.R.
953), and as supplemented by the notices dated February 2, 1951
(16 F.R. 1203), March 5, 1951 (16 F.R. 2195), April 23, 1951 (16
F.R. 3623), June 25, 1951 (16 F.R. 6404), August 22, 1951 (16 _
F.R. 8720), October 24, 1951 (16 F.R. 10998), December 21, 1951 •
(17 F.R. 43), March 25, 1952 (17 F.R. 2821), June 26, 1952 (17
F.R. 5833), and December 24, 1952 (18 F.R. 48) ; respectively is
approved and confirmed. Aug. 7,1953, c. 345, § 7, 67 Stat. 467. H
§ 1337. Grant of leases by Secretary—Oil and gas leases; award
to highest bidder; method of bidding.
(a) In order to meet the urgent need for further exploration
and development of the oil and gas deposits of the submerged
lands of the outer Continental Shelf, the Secretary is authorized
to grant to the highest responsible qualified bidder by competitive
bidding under regulations promulgated in advance, oil and gas
leases on submerged lands of the outer Continental Shelf which
are not covered by leases meetings the requirements of section
1335 (a) of this title. The bidding shall be (1) by sealed bids, and
(2) at the discretion of the Secretary, on the basis of a cash
bonus with a royalty fixed by the Secretary at not less than 121/^
per centum in amount or value of the production saved, removed
or sold, or on the basis of royalty, but at not less than the per
centum above mentioned, with a cash bonus fixed by the Secretary. ^^
Terms and provisions of oil and gas leases IB
(b) An oil and gas lease issued by the Secretary pursuant to
this section shall (1) cover a compact area not exceeding five —
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OUTER CONTINENTAL SHELF ACT 43 § 1337
thousand seven hundred and sixty acres, as the Secretary, may
determine, (2) be for a period of five years and as long thereafter
as oil or gas may be produced from the area in paying quantities,
or drilling or well reworking operations as approved by the Sec-
retary are conducted thereon, (3) require the payment of a
royalty of not less than 121/2 per centum, in the amount or value
of the production saved, removed, or sold from the lease, and (4)
contain such rental provisions and such other terms and provi-
sions as the Secretary may prescribe at the time of offering the
area for lease.
Sulphur leases; award to highest bidder; method of bidding
(c) In order to meet the urgent need for further exploration
and development of the sulphur deposits in the submerged lands
of the outer Continental Shelf, the Secretary is authorized to
grant to the qualified persons offering the highest cash bonuses on
a basis of competitive bidding sulphur leases on submerged lands
of the outer Continental Shelf, which are not covered by leases
which include sulphur and meet the requirements of section
1335 (a) of this title, and which sulphur leases shall be offered for
bid by sealed bids and granted on separate leases from oil and
gas leases, and for a separate consideration, and without priority
or preference accorded to oil and gas lessees on the same area.
• Terms and provisions of sulphur leases
(d) A sulphur lease issued by the Secretary pursuant to this
section shall (1) cover an area of such size and dimensions as the
• Secretary may determine, (2) be for a period of not more than
ten years and so long thereafter as sulphur may be produced from
the area in paying quantities or drilling, well reworking, plant
• construction, or other operations for the production of sulphur, as
approved by the Secretary, are conducted thereon, (3) require
the r»ayment to the United States of such royalty as may be
specified in the lease but not less than 5 per centum of the gross
production or value of the sulphur at the wellhead, and (4) con-
tain such rental provisions and such other terms and provisions
as the Secretary may by regulation prescribe at the time of
H offering the area for lease.
Other mineral leases; award to highest bidder; terms and conditions
(e) The Secretary is authorized to grant to the qualified r>er-
sons offering the highest cash bonuses on a basis of competitive
bidding leases of any mineral other than oil. eras, and sulnhur in
any area of the outer Continental Shelf not then under lease for
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such mineral upon such royalty, rental, and other terms and con- fll
ditions as the Secretary may prescribe at the time of offering H
the area for lease.
Publication of notices of sale and terms of bidding
(f) Notice of sale of leases, and the terms of bidding, authorized
by this section shall be published at least thirty days before the
date of sale in accordance with rules and regulations promulgated
by the Secretary.
Disposition of revenues
(g) All moneys paid to the Secretary for or under leases
granted pursuant to this section shall be deposited in the Treasury
in accordance with section 1338 of this title.
Issuance of lease as non-prejudicial to ultimate settlement
or adjudication of controversies
(h) The issuance of any lease by the Secretary pursuant to this
subchapter, or the making of any interim arrangements by the M
Secretary pursuant to section 1336 of this title shall not prejudice •
the ultimate settlement or adjudication of the question as to
whether or not the area involved is in the outer Continental Shelf.
Cancellation of leases for fraud
(i) The Secretary may cancel any lease obtained by fraud or
misrepresentation.
Judicial review of cancellation of lease; petition within sixty days
(j) Any person complaining of a cancellation of a lease by the
Secretary may have the Secretary's action reviewed in the United ^
States District Court for the District of Columbia by filing a H
petition for review within sixty days after the Secretary takes
such action. Aug. 7, 1953, c. 345, § 8, 67 Stat. 468.
§ 1338. Disposition of revenues •
All rentals, royalties, and other sums paid to the Secretary or
the Secretary of the Navy under any lease on the outer Con-
tinental Shelf for the period from June 5, 1950, to date, and there- •
after shall be deposited in the Treasury of the United States and ™
credited to miscellaneous receipts. Aug. 7, 1953, c. 345, § 9, 67
Stat. 469. •
§ 1339. Refunds; filing time limitation; certification of repay-
ment; necessity of report to Congress
(a) Subject to the provisions of subsection (b) of this section,
when it appears to the satisfaction of the Secretary that any
person has made a payment to the United States in connection
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OUTER CONTINENTAL SHELF ACT 43 § 1337
thousand seven hundred and sixty acres, as the Secretary, may
determine, (2) be for a period of five years and as long thereafter
as oil or gas may be produced from the area in paying quantities,
or drilling or well reworking operations as approved by the Sec-
retary are conducted thereon, (3) require the payment of a
royalty of not less than 121/2 per centum, in the amount or value
of the production saved, removed, or sold from the lease, and (4)
contain such rental provisions and such other terms and provi-
sions as the Secretary may prescribe at the time of offering the
area for lease.
Sulphur leases; award to highest bidder; method of bidding
(c) In order to meet the urgent need for further exploration
and development of the sulphur deposits in the submerged lands
of the outer Continental Shelf, the Secretary is authorized to
grant to the qualified persons offering the highest cash bonuses on
a basis of competitive bidding sulphur leases on submerged lands
of the outer Continental Shelf, which are not covered by leases
which include sulphur and meet the requirements of section
1335 (a) of this title, and which sulphur leases shall be offered for
bid by sealed bids and granted on separate leases from oil and
gas leases, and for a separate consideration, and without priority
or preference accorded to oil and gas lessees on the same area.
• Terms and provisions of sulphur leases
(d) A sulphur lease issued by the Secretary pursuant to this
section shall (1) cover an area of such size and dimensions as the
• Secretary may determine, (2) be for a period of not more than
ten years and so long thereafter as sulphur may be produced from
the area in paying quantities or drilling, well reworking, plant
• construction, or other operations for the production of sulphur, as
approved by the Secretary, are conducted thereon, (3) require
the nayment to the United States of such royalty as may be
specified in the lease but not less than 5 per centum of the gross
production or value of the sulphur at the wellhead, and (4) con-
tain such rental provisions and such other terms and provisions
as the Secretary may by regulation prescribe at the time of
• offering the area for lease.
Other mineral leases; award to highest bidder; terms and conditions
(e) The Secretary is authorized to grant to the qualified per-
sons offering the highest cash bonuses on a basis of competitive
bidding leases of any mineral other than oil. gas, and sulnhur in
any area of the outer Continental Shelf not then under lease for
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43 § 1337 EPA CURRENT LAWS—WATER *
such mineral upon such royalty, rental, and other terms and con- M
ditions as the Secretary may prescribe at the time of offering V
the area for lease.
Publication of notices of sale and terms of bidding •
(f) Notice of sale of leases, and the terms of bidding, authorized •§
by this section shall be published at least thirty days before the
date of sale in accordance with rules and regulations promulgated
by the Secretary.
Disposition of revenues
(g) All moneys paid to the Secretary for or under leases
granted pursuant to this section shall be deposited in the Treasury
in accordance with section 1338 of this title.
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Issuance of lease as non-prejudicial to ultimate settlement
or adjudication of controversies
(h) The issuance of any lease by the Secretary pursuant to this
subchapter, or the making of any interim arrangements by the M
Secretary pursuant to section 1336 of this title shall not prejudice •
the ultimate settlement or adjudication of the question as to
whether or not the area involved is in the outer Continental Shelf.
Cancellation of leases for fraud
(i) The Secretary may cancel any lease obtained by fraud or
misrepresentation.
Judicial review of cancellation of lease; petition within sixty days
(j) Any person complaining of a cancellation of a lease by the
Secretary may have the Secretary's action reviewed in the United
States District Court for the District of Columbia by filing a
petition for review within sixty days after the Secretary takes
such action. Aug. 7, 1953, c. 345, § 8, 67 Stat. 468.
§ 1338. Disposition of revenues
All rentals, royalties, and other sums paid to the Secretary or
the Secretary of the Navy under any lease on the outer Con-
tinental Shelf for the period from June 5, 1950, to date, and there-
after shall be deposited in the Treasury of the United States and
credited to miscellaneous receipts. Aug. 7, 1953, c. 345, § 9, 67
Stat. 469. •
§ 1339. Refunds; filing time limitation; certification of repay-
ment ; necessity of report to Congress
(a) Subject to the provisions of subsection (b) of this section, H
when it appears to the satisfaction of the Secretary that any ••
person has made a payment to the United States in connection
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OUTER CONTINENTAL SHELF ACT 43 § 1339
with any lease under this subchapter in excess of the amount he
was lawfully required to pay, such excess shall be repaid without
interest to such person or his legal representative, if a request for
repayment of such excess is filed with the Secrtary within two
years after the making of the payment, or within ninety days
after August 7, 1953. The Secretary shall certify the amounts of
all such repayments to the Secretary of the Treasury, who is au-
thorized and directed to make such repayments out of any moneys
in the special account established under section 1338 of this title
and to issue his warrant in settlement thereof.
(b) No refund of or credit for such excess payment shall be
made until after the expiration of thirty days from the date upon
which a report giving the name of the person to whom the re-
fund or credit is to be made, the amount of such refund or credit,
and a summary of the facts upon which the determination of the
Secretary was made is submitted to the President of the Senate
and the Speaker of the House of Representatives for transmittal
to the appropriate legislative committee of each body, respectivly:
Provided, That if the Congress shall not be in session on the date
of such submission or shall adjourn prior to the expiration of
thirty days from the date of such submission, then such payment
or credit shall not be made until thirty days after the opening
day of the next succeeding session of Congress. Aug. 7, 1953,
c. 345, § 10, 67 Stat. 469.
§ 1340. Geological and geophysical explorations
Any agency of the United States and any person authorized by
the Secretary may conduct geological and geophysical explora-
tions in the outer Continental Shelf, which do not interfere with
or endanger actual operations under any lease maintained or
granted pursuant to this subchapter, and which are not unduly
harmful to aquatic life in such area. Aug. 7, 1953, c. 345, § 11, 67
Stat. 469.
§ 1341. Reservation of lands and rights—Withdrawal of un-
leased lands by President
(a) The President of the United States may, from time to
time, withdraw from disposition any of the unleased lands of the
outer Continental Shelf.
First refusal of mineral purchases
(b) In time of war, or when the President shall so prescribe,
the United States shall have the right of first refusal to purchase
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43 § 1341 EPA CURRENT LAWS—WATER
at the market price all or any portion of any mineral produced •
from the outer Continental Shelf.
National security clause «*
(c) All leases issued under this subchapter, and leases, the •
maintenance and operation of which are authorized under this
subchapter, shall contain or be construed to contain a provision
whereby authority is vested in the Secretary, upon a recommen- •
dation of the Secretary of Defense, during a state of war or na- ™
tional emergency declared by the Congress or the President of
the United States after August 7, 1953, to suspend operations
under any lease; and all such leases shall contain or be construed
to contain provisions for the payment of just compensation to the
lessee whose operations are thus suspended.
National defense areas; suspension of operations;
extension of leases
(d) The United States reserves and retains the right to desig-
nate by and through the Secretary of Defense, with the approval
of the President, as areas restricted from exploration and opera-
tion that part of the outer Continental Shelf needed for national
defense; and so long as such designation remains in effect no ex-
ploration or operations may be conducted on any part of the sur-
face of such area except with the concurrence of the Secretary of
Defense; and if operations or production under any lease thereto-
fore issued on lands within any such restricted area shall be
suspended, any payment of rentals, minimum royalty, and royalty
prescribed by such lease likewise shall be suspended during such
period of suspension of operation and production, and the term
of such lease shall be extended by adding thereto any such suspen-
sion period, and the United States shall be liable to the lessee «M
for such compensation as is required to be paid under the Con- •
stitution of the United States.
I
Source materials essential to production of fissionable materials
(e) All uranium, thorium, and all other materials determined
pursuant to paragraph (1) of subsection (b) of section 5 of the
Atomic Energy Act of 1946, as amended, to be peculiarly essential M
to the production of fissionable material, contained, in whatever •
concentration, in deposits in the subsoil or seabed of the outer
Continental Shelf are hereby reserved for the use of the United ^
States. •
Helium ownership; rules and regulations governing extraction
(f) The United States reserves and retains the ownership of M
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OUTER CONTINENTAL SHELF ACT 43 § 1341
and the right to extract all helium, under such rules and regula-
tions as shall be presented by the Secretary, contained in gas
produced from any portion of the outer Continental Shelf which
may be subject to any lease maintained or granted pursuant to
this subchapter, but the helium shall be extracted from such gas
so as to cause no substantial delay in the delivery of gas pro-
duced to the purchaser of such gas. Aug. 7, 1953, c. 345, § 12,
67 Stat. 469.
§ 1342. Prior claims as unaffected
Nothing herein contained shall affect such rights, if any, as
may have been acquired under any law of the United States by
any person in lands subject to this subchapter and such rights,
if any, shall be governed by the law in effect at the time they
may have been acquired: Provided, however, That nothing herein
contained is intended or shall be construed as a finding, interpre-
tation, or construction by the Congress that the law under which
such rights may be claimed in fact applies to the lands subject to
this subchapter or authorizes or compels the granting of such
rights in such lands, and that the determination of the applica-
bility or effect of such law shall be unaffected by anything herein
contained. Aug. 7, 1953, c. 345, § 14, 67 Stat. 470.
§ 1343. Annual report by Secretary to Congress
As soon as practicable after the end of each fiscal year, the
Secretary shall submit to the President of the Senate and the
Speaker of the House of Representatives a report detailing the
amounts of all moneys received and expended in connection with
the administration of this subchapter during the preceding fiscal
year \ug. 7,1953, c. 345, § 15, 67 Stat. 470.
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THE ADMINISTRATIVE PROCEDURE ACT
§ 551. Definitions
For the purpose of this subchapter—
(1) "agency" means each authority of the Government of
the United States, whether or not it is within or subject to
review by another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions
of the United States;
(D) the government of the District of Columbia;
or except as to the requirements of section 552 of this title—
(E) agencies composed of representatives of the
parties or of representatives of organizations of the
parties to the disputes determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time of
war or in occupied territory; or
(H) functions conferred by sections 1738, 1739, 1743,
and 1744 of title 12; chapter 2 of title 41; or sections
1622, 1884, 1891-1902, and former section 1641 (b) (2),
of title 50, appendix ;
(2) "person" includes an individual, partnership, corpora-
tion, association, or public or private organization other than
an agency;
(3) "party" includes a person or agency named or admitted
as a party, or properly seeking and entitled as of right to be
admitted as a party, in an agency proceeding, and a person
or agency admitted by an agency as a party for limited pur-
poses ;
(4) "rule" means the whole or a part of an agency state-
ment of general or particular applicability and future effect
designed to implement, interpret, or prescribe law or policy
or describing the organization, procedure, or practice re-
quirements of an agency and includes the approval or pre-
scription for the future of rates, wages, corporate or financial
structures or reorganizations thereof, prices, facilities, appli-
ances, services or allowances therefor or of valuations, costs,
or accounting, or practices bearing on any of the foregoing;
(5) "rule making" means agency process for formulating,
amending, or repealing a rule;
(6) "order" means the whole or a part of a final disposi-
tion, whether affirmative, negative, injunctive, or declaratory
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5 § 551 EPA CURRENT LAWS—WATER
in form, of an agency in a matter other than rule making but
including licensing;
(7) "adjudication" means agency process for the formula-
tion of an order;
(8) "license" includes the whole or a part of an agency
permit, certificate, approval, registration, charter, member-
ship, statutory exemption or other form of permission;
(9) "licensing" includes agency process respecting the
grant, renewal, denial, revocation, suspension, annulment,
withdrawal, limitation, amendment, modification, or condi-
tioning of a license;
(10) "sanction" includes the whole or a part of an agency—
(A) prohibition, requirement, limitation, or other con-
dition affecting the freedom of a person;
(B) withholding of relief;
(C) imposition of penalty or fine;
(D) destruction, taking, seizure, or withholding of
property;
(E) assessment of damages, reimbursement, restitu-
tion, compensation, costs, charges, or fees;
(F) requirement, revocation, or suspension of a li-
cense; or
(G) taking other compulsory or restrictive action;
(11) "relief" includes the whole or a part of an agency—
(A) grant of money, assistance, license, authority,
exemption, exception, privilege, or remedy;
(B) recognition of a claim, right, immunity, privilege,
exemption, or exception; or
(C) taking of other action on the application or peti-
tion of, and beneficial to, a person;
(12) "agency proceeding" means an agency process as de-
fined by paragraphs (5), (7), and (9) of this section; and
(13) "agency action" includes the whole or a part of an
agency rule, order, license, sanction, relief, or the equivalent
or denial thereof, or failure to act.
Pub.L. 89-554, Sept. 6, 1966, 90 Stat. 381.
§ 552. Public information; agency rules, opinions, orders, rec-
ords, and proceedings
(a) Each agency shall make available to the public information
as follows:
(1) Each agency shall separately state and currently publish in
the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and
the established places at which, the employees (and in the
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ADMIN. PROCEDURE ACT 5 § 552
case of a uniformed service, the members) from whom, and
the methods whereby, the public may obtain information,
make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which
its functions are channeled and determined, including the
nature and requirements of all formal and informal proce-
dures available;
(C) rules of procedure, descriptions of forms available or
the places at which forms may be obtained, and instructions
as to the scope and contents of all papers, reports, or ex-
aminations ;
(D) substantive rules of general applicability adopted as
authorized by law, and statements of general policy or inter-
pretations of general applicability formulated and adopted by
the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of
the terms thereof, a person may not in any manner be required to
resort to, or be adversely affected by, a matter required to be pub-
lished in the Federal Register and not so published. For the pur-
pose of this paragraph, matter reasonably available to the class
of persons affected thereby is deemed published in the Federal
Register when incorporated by reference therein with the approval
of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall
make available for public inspection and copying—
(A) final opinions, including concurring and dissenting
opinions, as well as orders, made in the adjudication of cases;
(B) those statements of policy and interpretations which
have been adopted by the agency and are not published in
the Federal Register; and
(C) administrative staff manuals and instructions to staff
that affect a member of the public;
unless the materials are promptly published and copies offered for
sale. To the extent required to prevent a clearly unwarranted in-
vasion of personal privacy, an agency may delete identifying de-
tails when it makes available or publishes an opinion, statement
of policy, interpretation, or staff manual or instruction. However,
in each case the justification for the deletion shall be explained
fully in writing. Each agency also shall maintain and make avail-
able for public inspection and copying a current index providing
identifying information for the public as to any matter issued,
adopted, or promulgated after July 4, 1967, and required by this
paragraph to be made available or published. A final order, opin-
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5 § 552 EPA CURRENT LAWS—WATER
ion, statement of policy, interpretation, or staff manual or instruc-
tion that affects a member of the public may be relied on, used, or
cited as precedent by an agency against a party other than an
agency only if— mm
(i) it has been indexed and either made available or pub- •
lished as provided by this paragraph; or
(ii) the party has actual and timely notice of the terms
thereof. •
(3) Except with respect to the records made available under •
paragraphs (1) and (2) of this subsection, each agency, on re-
quest for identifiable records made in accordance with published
rules stating the time, place, fees to the extent authorized by
statute, and procedure to be followed, shall make the records
promptly available to any person. On complaint, the district court
of the United States in the district in which the complainant re-
sides, or has his principle place of business, or in which the agency
records are situated, has jurisdiction to enjoin the agency from
withholding agency records and to order the production of any •
agency records improperly withheld from the complainant. In •
such a case the court shall determine the matter de novo and the
burden is on the agency to sustain its action. In the event of ••
noncompliance with the order of the court, the district court may H
punish for contempt the responsible employee, and in the case of
a uniformed service, the responsible member. Except as to causes
the court considers of greater importance, proceedings before the
district court, as authorized by this paragraph, take precedence on
the docket over all other causes and shall be assigned for hearing
and trial at the earliest practicable date and expedited in every fl|
way. •
(4) Each agency having more than one member shall maintain
and make available for public inspection a record of the final votes ••
of each member in every agency proceeding. •
(b) This section does not apply to matters that are—
(1) specifically required by Executive order to be kept ^
secret in the interest of the national defense or foreign policy; •
(2) related solely to the internal personnel rules and prac- ™
tices of an agency;
(3) specifically exempted from disclosure by statute; •
(4) trade secrets and commercial or financial information IB
obtained from a person and privileged or confidential;
(5) inter-agency or intra-agency memorandums or letters mm
which would not be available by laws to a party other than •
an agency in litigation with the agency;
(6) personnel and medical files and similar files the dis-
4 •
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ADMIN. PROCEDURE ACT 5 § 552
closure of which would constitute a clearly unwarranted inva-
sion of personal privacy;
(7) investigatory files compiled for law enforcement pur-
poses except to the extent available by law to a party other
than an agency;
(8) contained in or related to examination, operating, or
condition reports prepared by, on behalf of, or for the use of
an agency responsible for the regulation or supervision of
financial institutions; or
(9) geological and geophysical information and data, in-
cluding maps, concerning wells.
(c) This section does not authorize withholding of information
or limit the availability of records to the public, except as specifi-
cally stated in this section. This section is not authority to with-
hold information from Congress. Pub.L. 89-554, Sept. 6, 1966, 80
Stat. 383; Pub.L. 90-23, § 1, June 5,1967, 81 Stat. 54.
§ 553. Rule making
(a) This section applies, according to the provisions thereof,
except to the extent that there is involved—
(1) a military or foreign affairs function of the United
States; or
(2) a matter relating to agency management or personnel
or to public property, loans, grants benefits, or contracts.
(b) General notice of proposed rule making shall be published
in the Federal Register, unless persons subject thereto are named
and either personally served or otherwise have actual notice
thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public
rule making proceedings ;
(2) reference to the legal authority under which the rule
is proposed; and
(3) either the terms or substance of the proposed rule or a
description of the subjects and issues involved.
Except when notice or hearing is required by statute, this sub-
section does not apply—
(A) to interpretative rules, general statements of policy,
or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorpor-
ates the finding and a brief statement of reasons therefor in
the rules issue) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest.
(c) After notice required by this section, the agency shall give
interested persons an opportunity to participate in the rule making
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5 § 553 EPA CURRENT LAWS—WATER
through submission of written data, views, or arguments with or H
without opportunity for oral presentation. After consideration of IB
the relevant matter presented, the agency shall incorporate in the
rules adopted a concise general statement of their basis and pur-
pose. When rules are required by statute to be made on the record
after opportunity for an agency hearing, sections 556 and 557 of
this title apply instead of this subsection.
(d) The required publication or service of a substantive rule
shall be made not less than 30 days before its effective date, ex-
cepl^-
(1) a substantive rule which grants or recognizes an ex- •
emption or relieves a restriction; 01
(2) interpretative rules and statements of policy; or
(3) as otherwise provided by the agency for good cause ••
found and published with the rule. H
(e) Each agency shall give an interested person the right to
petition for the issuance, amendment, or repeal of a rule. Pub.L. ^
89-554, Sept. 6, 1966, 80 Stat. 383. •
§ 554. Adjudications
(a) This section applies, according to the provisions thereof, in «•
every case of adjudication required by statute to be determined on •
the record after opportunity for an agency hearing, except to the
extent that there is involved—
(1) a matter subject to a subsequent trial of the law arid H
the facts de novo in a court; ^*
(2) the selection or tenure of an employee, except a hearing
examiner appointed under section 3105 of this title; IB
(3) proceedings in which decisions rest solely on inspec- •
tions, tests, or elections;
(4) the conduct of military or foreign affairs functions;
(5) cases in which an agency is acting as an agent for a
court; or
(6) the certification of worker representatives.
(b) Persons entitled to notice of an agency hearing shall be
timely informed of—
(1) the time, place, and nature of the hearing;
(2) the legal authority and jurisdiction under which the •
hearing is to be held; and Bi
(3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to the
proceeding shall give prompt notice of issues controverted in fact
or law; and in other instances agencies may by rule require re-
sponsive pleading. In fixing the time and place for hearings, due
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ADMIN. PROCEDURE ACT 5 § 554
regard shall be had for the convenience and necessity of the parties
or their representatives.
(c) The agency shall give all interested parties opportunity
for—
(1) the submission and consideration of facts, arguments,
offers of settlement, or proposals of adjustment when time,
the nature of the proceeding, and the public interest permit;
and
(2) to the extent that the parties are unable so to deter-
mine a controversy by consent, hearing and decision on notice
and in accordance with sections 556 and 557 of this title.
(d) The employee who presides at the reception of evidence
pursuant to section 556 of this title shall make the recommended
decisions or initial decision required by section 557 of this title,
unless he becomes unavailable to the agency. Except to the extent
required for the disposition of ex parte matters as authorized by
law, such an employee may not—
(1) consult a person or party on a fact in issue, unless on
notice and opportunity for all parties to participate; or
(2) be responsible to or subject to the supervision or direc-
tion of an employee or agent engaged in the performance of
investigative or prosecuting functions for an agency.
An employee or agent engaged in the performance of investigative
or prosecuting functions for an agency in a case may not, in that
or a factually related case, participate or advise in the decision,
recommended decision, or agency review persuant to section 557
of this title, except as witness or counsel in public proceedings.
This subsection does not apply—
(A) in determining applications for initial licenses;
(B) to proceedings involving the validity or application of
rates, facilities, or practices of public utilities or carriers; or
(C) to the agency or a member or members of the body
comprising the agency.
(e) The agency, with like effect as in the case of other orders,
and in its sound discretion, may issue a declaratory order to
terminate a controversy or remove uncertainty, Pub.L. 89-554,
Sept. 6, 1966. 80 Stat. 384.
§ 555. Ancillary matters
(a) This section applies, according to the provisions thereof,
except as otherwise provided by this subchapter.
(b) A person compelled to appear in person before an agency or
representative thereof is entitled to be accompanied, represented,
and advised by counsel or, if permitted by the agency, by other
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qualified representative. A party is entitled to appear in person or H
by or with counsel or other duly qualified representative in an ^i
agency proceeding. So far as the orderly conduct of public business
permits, an interested person may appear before an agency or its
responsible employees for the presentation, adjustment, or deter-
mination of an issue, request, or controversy in a proceeding,
whether interlocutory, summary, or otherwise, or in connection
with an agency function. With due regard for the convenience and
necessity of the parties or their representatives and within a rea-
sonable time, each agency shall proceed to conclude a matter pre-
sented to it. This subsection does not grant or deny a person who
is not a lawyer the right to appear for or represent others before
an agency or in an agency proceeding.
(c) Process, requirement of a report, inspection, or other in-
vestigative act or demand may not be issued, made, or enforced
except as authorized by law. A person compelled to submit data or
evidence is entitled to retain or, on payment of lawfully prescribed
costs, procure a copy or transcript thereof, except that in a non-
public investigatory proceeding the witness may for good cause be
limited to inspection of the official transcript of his testimony.
(d) Agency subpenas authorized by law shall be issued to a
party on request and, when required by rules of procedure, on a
statement or showing of general relevance and reasonable scope
of the evidence sought. On contest, the court shall sustain the sub-
pena or similar process or demand to the extent that it is found
to be in accordance with law. In a proceeding for enforcement, the
court shall issue an order requiring the appearance of the witness •
or the production of the evidence or data within a reasonable time •
under penalty of punishment for contempt in case of contumacious
failure to comply.
(e) Prompt notice shall be given of the denial in whole or in
part of a written application, petition, or other request of an inter-
ested person made in connection with any agency proceeding.
Except in affiming a prior denial or when the denial is self-explan-
atory, the notice shall be accompanied by a brief statement of the
grounds for denial. Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 385.
§ 556. Hearings; presiding employees; powers and duties;
burden of proof; evidence; record as basis of decision
(a) This section applies, according to the provisions thereof, to
hearings required by section 553 or 554 of this title to be conducted
in accordance with this section.
(b) There shall preside at the taking of evidence—
(1) the agency; _
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ADMIN. PROCEDURE ACT 5 § 556
(2) one or more members of the body which comprises the
agency; or
(3) one or more hearing examiners appointed under sec-
tion 3105 of this title.
This subchapter does not supersede the conduct of specified classes
of proceedings, in whole or in part, by or before boards or other
employees specially provided for by or designated under statute.
The functions of presiding employees and of employees participat-
ing in decisions in accordance with section 557 of this title shall
be conducted in an impartial manner. A presiding or participating
employee may at any time disqualify himself. On the filing in good
faith of a timely and sufficient affidavit of personal bias or other
disqualification of a presiding or participating employee, the
agency shall determine the matter as a part of the record and
decision in the case.
(c) Subject to published rules of the agency and within its
powers. Employees presiding at hearings may—
(1) administer oaths and affirmations;
(2) issue subpenas authorized by law;
(3) rule on offers of proof and receive relevant evidence;
(4) take depositions or have depositions taken when the
ends of justice would be served;
(5) regulate the course of the hearing;
(6) hold conferences for the settlement or simplication of
the issues by consent of the parties;
(7) dispose of procedural requests or similar matters;
(8) make or recommend decisions in accordance with sec-
tion 557 of this title; and
(9) take other action authorized by agency rule consistent
with this subchapter.
(d) Except as otherwise provided by statute, the proponent of
a rule or order has the burden of proof. Any oral or documentary
evidence may be received, but the agency as a matter of policy
shall provide for the exclusion of irrelevant, immaterial, or unduly
repetitious evidence. A sanction may not be imposed or rule or
order issued except on consideration of the whole record or those
parts thereof cited by a party and supported by and in accordance
with the reliable, probative, and substantial evidence. A party is
entitled to present his case or defense by oral or documentary evi-
dence, to submit rebuttal evidence, and to conduct such cross-
examination as may be required for a full and true disclosure of
the facts. In rule making or determining claims for money or
benefits or applications for initial licenses an agency may, when
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5 § 556 EPA CURRENT LAWS—WATER
a party will not be prejudiced thereby, adopt procedures for the
submission of all or part of the evidence in written form.
(e) The transcript of testimoney and exhibits, together with all
papers and requests filed in the proceeding, constitutes the exclu-
sive record for decision in accordance with section 557 of this
title and, on payment of lawfully prescribed costs, shall be made
available to the parties. When an agency decision rests on official
notice of a material fact not appearing in the evidence in the
record, a party is entitled, on timely request, to an opportunity to
show the contrary. Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 386.
§ 557. Initial decisions; conclusiveness; review by agency; sub-
missions by parties; contents of decisions; record
(a) This section applies, according to the provisions thereof,
when a hearing is required to be conducted in accordance with sec-
tion 556 of this title.
(b) When the agency did not preside at the reception of the
evidence, the presiding employee or, in cases not subject to section
554 (d) of this title, an employee qualified to preside at hearings
pursuant to section 556 of this title, shall initially decide the case
unless the agency requires, either in specific cases or by general
rule, the entire record to be certified to it for decision. When the
presiding employee makes an initial decision, that decision then
becomes the decision of the agency without further proceedings
unless there is an appeal to, or review on motion of, the agency
within time provided by rule. On appeal from or review of the
initial decision, the agency has all the powers which it would have
in making the initial decision except as it may limit the issues on
notice or by rule. When the agency makes the decision without
having presided at the reception of the evidence, the presiding
employee or an employee qualified to preside at hearings pursuant
to section 556 of this title shall first recommend a decision, except
that in rule making or determining applications for initial li-
senses— •
(1) instead thereof the agency may issue a tentative deci- •
sion or one of its responsible employees may recommend a
decision; or
(2) this procedure may be omitted in a case in which the
agency finds on the record that due and timely execution of
its functions imperatively and unavoidably so requires. «
(c) Before a recommended, initial, or tentative decision, or a H
decision on agency review of the decision of subordinate em-
ployees, the parties are entitled to a reasonable opportunity to
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ADMIN. PROCEDURE ACT 5 § 557
submit for the consideration of the employees participating in the
decisions—
(1) proposed findings and conclusions; or
(2) exceptions to the decisions or recommended decisions
of subordinate employees or to tentative agency decisions; and
(3) supporting reasons for the exceptions or proposed find-
ings or conclusions.
The record shall show the ruling on each finding, conclusions, or
exception presented. All decisions, including initial, recommended,
and tentative decisions, are a part of the record and shall include
a statement of—
(A) findings and conclusions, and the reasons or basis
therefor, on all the material issues of fact, law, or discretion
presented on the record; and
(B) the appropriate rule, order, sanction, relief, or denial
thereof.
Pub.L. 89-554, Sept. 6,1966, 80 Stat. 387.
§ 558. Imposition of sanctions; determination of applications
for licenses; suspension, revocation, and expiration of licenses
(a) This section applies, according to the provisions thereof, to
the exercise of a power or authority.
(b) A sanction may not be imposed or a substantive rule or
order issued except within jurisdiction delegated to the agency and
as authorized by law.
(c) When application is made for a license required by law, the
agency, with due regard for the rights and privileges of all the
interested parties or adversely affected persons and within a rea-
sonable time, shall set and complete proceedings required to be
conducted in accordance with sections 556 and 557 of this title or
other proceedings required by law and shall make its decision.
Except in cases of willfulness or those in which public health, in-
• terest, or safety requires otherwise, the withdrawal, suspension,
revocation, or annulment of a license is lawful only if, before the
institution of agency proceedings therefor, the licensee has been
given—
(1) notice by the agency in writing of the facts or conduct
which may warrant the action; and
(2) opportunity to demonstrate or achieve compliance with
all lawful requirements.
When the licensee has made timely and sufficient application for a
renewal or a new license in accordance with agency rules, a license
with reference to an activity of a continuing nature does not ex-
pire until the application has been finally determined by the
agency.
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Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 388. B
§ 559. Effect on other laws; effect of subsequent statute
This subchapter, chapter 7, and sections 1305, 3105, 3344, _
4301(2) (E), 5362, and 7521 of this title, and the provisions of B
section 5335(a) (B) of this title that relate to hearing examiners,
do not limit or repeal additional requirements imposed by statute
or otherwise recognized by law. Except as otherwise required by
law, requirements or privileges relating to evidence or procedure
apply equally to agencies and persons. Each agency is granted the
authority necessary to comply with the requirements of this sub- im
chapter through the issuance of rules or otherwise. Subsequent H
statute may not be held to supersede or modify this subchapter,
chapter 7, sections 1305, 3105, 3344, 4301(2) (E), 5362, or 7521
of this title, or the provisions of section 5335(a) (B) of this title •
that relate to hearing examiners, except to the extent that it does ™
so expressly.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 388, amended Pub.L. 90-623, •
§1(1), Oct. 22, 1968, 82 Stat. 1312. B
§ 701. Application; definitions
(a) This chapter applies, according to the provisions thereof,
except to the extent that—
(1) statutes preclude judicial review; or
(2) agency action is committed to agency discretion by law.
(b) For the purpose of this chapter—
(1) "agency" means each authority of the Government of
the United States, whether or not it is within or subject to
review by another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions
of the United States;
(D) the government of the District of Columbia;
XE) agencies composed of representatives of the
parties or of representatives of organizations of the
parties to the disputes determined by them;
(F) courts martial and military commissions; _
(G) military authority exercised in the field in time B
of war or in occupied territory; or ™
(H) functions conferred by sections 1738, 1739, 1743,
and 1744 of title 12; chapter 2 of title 41; or sections •
1622, 1884, 1891-1902, and former section 1641 (b) (2), B
of title 50, appendix; and
(2) "person", "rule", "order", "license", "sanction", "re-
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ADMIN. PROCEDURE ACT 5 § 701
lief", and "agency action" have the meanings given them by
section 551 of this title.
Pub.L. 89-554, Sept. 6,1966, 80 Stat. 392.
§ 702. Right of review
A person suffering legal wrong because of agency action, or
adversely affected or aggrieved by agency action within the mean-
ing of a relevant statute, is entitled to judicial review thereof.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 392.
§ 703. Form and venue of proceeding
The form of proceeding for judicial review is the special statu-
tory review proceeding relevant to the subject matter in a court
specified by statute or, in the absence or inadequacy thereof, any
applicable form of legal action, including actions for declaratory
judgments or writs of prohibitory or mandatory injunction or
habeas corpus, in a court of competent jurisdiction. Except to the
extent that prior, adequate, and exclusive opportunity for judicial
review is provided by law, agency action is subject to judicial
review, in civil or criminal proceedings for judicial enforcement.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 392.
§ 704. Actions reviewable
• Agency action made reviewable by statute and final agency
action for which there is no other adequate remedy in a court are
subject to judicial review. A preliminary, procedural, or inter-
mediate agency action or ruling not directly reviewable is subject
• to review on the review of the final agency action. Except as
otherwise expressly required by statute, agency action otherwise
final is final for the purposes of this section whether or not there
»has been presented or determined an application for a declaratory
order, for any form of reconsideration, or, unless the agency
otherwise requires by rule and provides that the action meanwhile
^_ is inoperative, for an appeal to superior agency authority. Pub.L.
• 89-554, Sept. 6,1966, 80 Stat. 392.
§ 705. Relief pending review
When an agency finds that justice so requires, it may postpone
the effective date of action taken by it, pending judicial review. On
such conditions as may be required and to the extent necessary to
prevent irreparable injury, the reviewing court, including the
court to which a case may be taken on appeal from or on applica-
tion for certiorari or other writ to a reviewing court, may issue
all necessary and appropriate process to postpone the effective
date of an agency action or to preserve status or rights pending
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conclusion of the review proceedings. Pub.L. 89-554, Sept. 6, •
1966, 80 Stat. 393.
§ 706. Scope of review
To the extent necessary to decision and when presented, the
reviewing court shall decide all relevant questions of law, inter-
pret constitutional and statutory provisions, and determine the
meaning or applicability of the terms of an agency action. The
reviewing court shall—
(1) compel agency action unlawfully withheld or unrea-
sonably delayed; and
(2) hold unlawful and set aside agency action, findings,
and conclusions found to be—
(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege,
or immunity;
(C) in excess of statutory jurisdiction, authority, or
limitations, or short of statutory right;
(D) without observance of procedure required by law;
(E) unsupported by substantial evidence in a case
subject to sections 556 and 557 of this title or otherwise
reviewed on the record of an agency hearing provided by
statute; or
(F) unwarranted by the facts to the extent that the
facts are subject to trial de novo by the reviewing court.
In making the foregoing determinations, the court shall review
the whole record or those parts of it cited by a party, and due
account shall be taken of the rule of prejudicial error. Pub.L. 89-
554, Sept. 6, 1966, 80 Stat. 393.
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HIGHER EDUCATION—GENERAL PROVISIONS
§ 1141. Definitions
•j As used in this chapter—
(a) The term "institution of higher education" means an edu-
cational institution in any State which (1) admits as regular
• students only persons having a certificate of graduation from a
school providing secondary education, or the recognized equivalent
of such a certificate, (2) is legally authorized within such State to
provide a program of education beyond secondary education,
(3) provides an educational program for which it awards a bache-
lor's degree or provides not less than a two-year program which is
acceptable for full credit toward such a degree, (4) is a public or
• other nonprofit institution, and (5) is accredited by a nationally
recognized accrediting agency or association or, if not so ac-
credited, (A) is an institution with respect to which the Commis-
• sioner has determined that there is satisfactory assurance, consid-
ering the resources available to the institution, the period of time,
if any, during which it has operated, the effort it is making to meet
accreditation standards, and the purpose for which this determina-
tion is being made, that the institution will meet the accreditation
standards of such an agency or association within a reasonable
time, or (B) is an institution whose credits are accepted, on trans-
fer, by not less than three institutions which are so accredited, for
credit on the same basis as if transferred from an institution so
accredited. Such term also includes any school which provides not
less than a one-year program of training to prepare students for
gainful employment in a recognized occupation and which meets
the provisions of clauses (1), (2), (4), and (5), For purposes of
this subsection, the Commission shall publish a list of nationally
• recognized accrediting agencies or associations which he deter-
mines to be reliable authority as to the quality of training offered.
(b) The term "State" includes, in addition to the several States
• of the Union, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, American Samoa, and the Virgin Islands.
(c) The term "nonprofit" as applied to a school, agency, organi-
zation, or institution means a school, agency, organization, or insti-
tution owned and operated by one or more nonprofit corporations
or associations no part of the net earnings of which inures, or may
lawfully inure, to the benefit of any private shareholder or indi-
• vidual.
(d) The term "secondary school" means a school which pro-
vides secondary education as determined under State law except
that it does not include any education provided beyond grade 12.
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20 § 1141 EPA CURRENT LAWS—WATER
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(e) The term "Secretary" means the Secretary of Health, Edu- •
cation, and Welfare. ^*
(f) The term "Commissioner" means the Commissioner of Edu-
cation. •
(g) The term "local educational agency" means a public board ||
of education or other public authority legally constituted within a
State for either administrative control or direction of, or to per-
form a service function for, public elementary or secondary schools
in a city, county, township, school district, or other political sub-
division of a State, or such combination of school districts or coun-
ties as are recognized in a State as an administrative agency for its |B
public elementary or secondary schools. Such term also includes Hi
any other public institution or agency having administrative con-
trol and direction of a public elementary or secondary school. jM
(h) The term "State educational agency" means the State II
board of education or other agency or officer primarily responsible
for the State supervision of public elementary and secondary
schools, or, if there is so such officer or agency, an officer or agency
designated by the Governor or by State law.
(i) The term "elementary school" means a school which pro-
vides elementary education including education below grade 1, as
determined under State law.
(j) The term "combination of institutions of higher education"
means a group of institutions of higher education that have en-
tered into a cooperative arrangement for the purpose of carrying
out a common objective, or a public or private nonprofit agency,
organization, or institution designated or created by a group of
institutions of higher education for the purpose of carrying out a flj
common objective on their behalf. HP
(k) The term "gifted and talented children" means, in accord-
ance with objective criteria prescribed by the Commissioner, chil- ••
dren who have outstanding intellectual ability or creative talent. IB
Pub.L. 89-329, Title XII, § 1201, formerly Title VIII, § 801,
Nov. 8, 1965, 79 Stat. 1269, renumbered and amended Pub.L.
90-575, Title II, §§ 251, 293, 294, Oct. 16, 1968, 82 Stat. 1042,
1050, 1051, amended Pub.L. 91-230, Title VIII, § 806 (b), Apr. 13,
1970, 84 Stat. 192.
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NATIONAL ENVIRONMENTAL POLICY ACT
EPA CURRENT LAWS—WATER
1.17 National Environmental Policy Act of 1969, 42 U.S.C.
£ § 4321 et seq. (1970).
[See, "General 1.2", for text]
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THE PUBLIC HEALTH SERVICE ACT
§ 241. Research and investigations generally
• The Surgeon General shall conduct in the Service, and encour-
age, cooperate with, and render assistance to other appropriate
public authorities, scientific institutions, and scientists in the con-
Iduct of, and promote the coordination of, research, investigations,
experiments, demonstrations, and studies relating to the causes,
diagnosis, treatment, control, and prevention of physical and
• mental diseases and impairments of man, including water puri-
fication, sewage treatment, and pollution of lakes and streams. In
carrying out the foregoing the Surgeon General is authorized to—
(a) Collect and make available through publications and other
appropriate means, information as to, and the practical applica-
tion of, such research and other activities;
(b) Make available research facilities of the Service to appro-
• priate public authorities, and to health officials and scientists
engaged in special study;
(c) Establish and maintain research fellowships in the Service
• with such stipends and allowances, including traveling and sub-
sistence expenses, as he may deem necessary to procure the
assistance of the most brilliant and promising research fellows
• from the United States and abroad;
(d) Make grants-in-aid to universities, hospitals, laboratories,
and other public or private institutions, and to individuals for
such research or research training projects as are recommended
by the National Advisory Health Council, or, with respect to
cancer, recommended by the National Advisory Cancer Council,
or, with respect to mental health, recommended by the National
• Advisory Mental Health Council, or, with respect to heart
diseases, recommended by the National Advisory Heart Council,
or, with respect to dental diseases and conditions, recommended
by the National Advisory Dental Research Council; and include
in the grants for any such project grants of penicillin and other
antibiotic compounds for use in such project; and make, upon
recommendation of the National Advisory Health Council, grants-
in-aid to public or nonprofit universities, hospitals, laboratories,
and other institutions for the general support of their research
and research training programs: Provided, That such uniform
percentage, not to exceed 15 per centum, as the Surgeon General
may determine, of the amounts provided for grants for research
or research training projects for any fiscal year through the
appropriations for the National Institutes of Health may be
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42 § 241 EPA CURRENT LAWS—WATER
transferred from such appropriations to a separate account to be
available for such research and research training program
grants-in-aid for such fiscal year;
\e) Secure from time to time and for such periods as he
deems advisable, the assistance and advice of experts, scholars,
and consultants from the United States or abroad;
(f) For purposes of study, admit and treat at institutions,
hospitals, and stations of the Service, persons not otherwise eligi-
ble for such treatment;
(g) Make available, to health officials, scientists, and appropri-
ate public and other nonprofit institutions and organizations,
technical advice and assistance on the application of statistical
methods to experiments, studies, and surveys in health and medi-
cal fields;
(h) Enter into contracts during the fiscal year ending June 30,
1966, and each of the eight succeeding fiscal years, including
contracts for research in accordance with and subject to the
provisions of law applicable to contracts entered into by the
military departments under sections 2353 and 2354 of Title 10,
except that determination, approval, and certification required
thereby shall be by the Secretary of Health, Education, and
Welfare; and
(i) Adopt, upon recommendation of the National Advisory
Health Council, or, with respect to cancer, upon recommendation
of the National Advisory Cancer Council, or, with respect to
mental health, upon recommendation of the National Advisory
Mental Health Council, or, with respect to heart diseases, upon
recommendation of the National Advisory Heart Council, or, with
respect to dental diseases and conditions, upon recommendations
of the National Advisory Dental Research Council, such addi-
tional means as he deems necessary or appropriate to carry out
the purposes of this section.
July 1, 1944, c. 373, Title III, § 301, 58 Stat. 691; July 3, 1946,
c. 538, § 7(a, b), 60 Stat. 423; June 16, 1948, c. 481, § 4(e, f),
62 Stat. 467; June 24, 1948, c. 621, § 4(e, f), 62 Stat. 601; June
25, 1948, c. 654, § 1, 62 Stat. 1017; July 3, 1956, c. 510, § 4, 70
Stat. 490; Sept. 15, 1960, Pub.L. 86-798, 74 Stat. 1053; Oct.
17, 1962, Pub.L. 87-838, § 2, 76 Stat. 1073; Aug. 9, 1965, Pub.L.
89-115, § 3, 79 Stat. 448; Dec. 5, 1967, Pub.L. 90-174, § 9, 81
Stat. 540; and amended Oct. 30, 1970, Pub.L. 91-515, Title II,
§ 292, 84 Stat. 1308. _
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PUBLIC HEALTH SERVICE ACT
Part B.—Federal-State Cooperation
§ 243. General grant of authority for cooperation—Enforcement
of quarantine regulations; prevention of communicable diseases
(a) The Secretary is authorized to accept from State and local
authorities any assistance in the enforcement of quarantine
regulations made pursuant to this chapter which such
authorities may be able and willing to provide. The Secretary
shall also assist States and their political subdivisions in the
prevention and suppression of communicable diseases, shall
cooperate with and aid State and local authorities in the
enforcement of their quarantine and other health regulations
and in carrying out the purposes specified in section 246 of this
title, and shall advise the several States on matters relating to
the preservation and improvement of the public health.
Comprehensive and continuing planning; training of personnel for State and local
health work
(b) The Secretary shall encourage cooperative activities
between the States with respect to comprehensive and
continuing planning as to their current and future health needs,
the establishment and maintenance of adequate public services,
and otherwise carrying out the purposes of section 246 of this
title. The Secretary is also authorized to train personnel for
State and local health work.
Problems resulting from disasters; emergencies; reimbursement of United States
(c) The Secretary may enter into agreements "providing for
cooperative planning between Public Health Service medical
facilities and community health facilities to cope with health
problems resulting from disasters, and for participation by
Public Health Service medical facilities in carrying out such
planning. He may also, at the request of the appropriate State or
local authority, extend temporary (not in excess of forty-five
days) assistance to States or localities in meeting health
emergencies of such a nature as to warrant Federal assistance.
The Secretary may require such reimbursement of the United
States for aid (other than planning) under the preceding
sentences of this subsection as he may determine to be
reasonable under the circumstances. Any reimbursement so
paid shall be credited to the applicable appropriation of the
Public Health Service for the year in which such reimbursement
is received.
74 Rev.-219
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I
July 1,1944, c. 373, Title III, §311,58 Stat. 693; Nov. 3,1966, Pub.L. I
89-749, § 5, 80 Stat. 1190; Dec. 5, 1967 Pub.L. 90-174, § 4, 81 Stat. •
536; and amended Oct. 30, 1970, Pub.L. 91-515, Title II, § 282, 84
Stat. 1308. •
§ 246. Grants and services to States—Comprehensive health ^^
planning and services
(a) (1) In order to assist the States in comprehensive and •
continuing planning for their current and future health needs, ••
the Secretary is authorized during the period beginning July 1,
1966, and ending June 30, 1973, to make grants to States which
have submitted, and had approved by the Secretary, State plans
for comprehensive State health planning. For the purposes of
carrying out this subsection, there are hereby authorized to be mm
appropriated $2,500,000 for the fiscal year ending June 30, 1967, •
$7,000,000 for the fiscal year ending June 30,1968, $10,000,000 for ™
the fiscal year ending June 30, 1969, $15,000,000 for the fiscal
year ending June 30, 1970, $15,000,000 for the fiscal year ending •
June 30,1971, $17,000,000 for the fiscal year ending June 30,1972, •
$20,000,000 for the fiscal year ending June 30, 1973, and
$10,000,000 for the fiscal year ending June 30, 1974. •
(2) In order to be approved for purposes of this subsection, a l|
State plan for comprehensive State health planning must—
(A) designate, or provide for the establishment of, a single —-
State agency, which may be an interdepartmental agency, as WM
the sole agency for administering or supervising the ™
administration of the State's health planning functions under
the plan;
(B) proyide for the establishment of a State health
planning council, which shall include representatives of
Federal, State, and local agencies (including as an ex officio mm
member, if there is located in such State one or more hospitals •
or other health care facilities of the Veterans' Administration,
the individual whom the Administrator of Veterans' Affairs
shall have designated to serve on such council as the H
representative of the hospitals or other health care facilities of •
such Administration which are located in such State) and
nongovernmental organizations and groups concerned with
health (including representation of the regional medical
program or programs included in whole or in part within the
State) and of consumers of health services, to advise such State
agency in carrying out its functions under the plan, and a
majority of the membership of such council shall consist of
representatives of consumers of health services;
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(C) set forth policies and procedures for the expenditure of
funds under the plan, which, in the judgment of the Secretary
are designed to provide for comprehensive State planning for
health services (both public and private) and including home
health care, including the facilities and persons required for
the provision of such services, to meet the health needs of the
people of the State and including environmental
considerations as they relate to public health;
(D) provide for encouraging cooperative efforts among
governmental or nongovernmental agencies, organizations
and groups concerned with health services, facilities, or
manpower, and for cooperative efforts between such agencies,
organizations, and groups and similar agencies,
organizations, and groups in the fields of education, welfare,
and rehabilitation;
(E) contain or be supported by assurances satisfactory to
the Secretary that the funds paid under this subsection will be
used to supplement and, to the extent practicable, to increase
the level of funds that would otherwise be made available by
the State for the purpose of comprehensive health planning
and not to supplant such non-Federal funds;
(F) provide such methods of administration (including
methods relating to the establishment and maintenance of
personnel standards on a merit basis, except that the
Secretary shall exercise no authority with respect to the
selection, tenure of office, and compensation of any individual
employed in accordance with such methods) as are found by
the Secretary to be necessary for the proper and efficient
operation of the plan;
(G) provide that the State agency will make such reports, in
such form and containing such information, as the Secretary
may from time to time reasonably require, and will keep such
records and afford such access thereto as the Secretary finds
necessary to assure the correctness and verification of such
reports;
(H) provide that the State agency will from time to time,
but not less often than annually, review its State plan
approved under this subsection and submit to the Secretary
appropriate modifications thereof;
(I) effective July 1, 1968, (i) provide for assisting each
health care facility in the State to develop a program for
capital expenditures for replacement, modernization, and
expansion which is consistent with an overall State plan
developed in accordance with criteria established by the
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Secretary after consultation with the State which will meet H
the needs of the State for health care facilities, equipment, and ^^
services without duplication and otherwise in the most
efficient and economical manner, and (ii) provide that the H
State agency furnishing such assistance will periodically •
review the program (developed pursuant to clause (i)) of each
health care facility in the State and recommend appropriate mm
modification thereof; •
(J) provide for such fiscal control and fund accounting
procedures as may be necessary to assure proper
disbursement of and accounting for funds paid to the State
under this subsection; and
(K) contain such additional information and assurances as
the Secretary may find necessary to carry out the purposes of
this subsection.
(3) (A) From the sums appropriated for such purpose for
each fiscal year, the several States shall be entitled to allotments mm
determined, -in accordance with regulations, on the basis of the •
population and the per capita income of the respective States;
except that no such allotment to any State for any fiscal year
shall be less than 1 per centum of the sum appropriated for such WM
fiscal year pursuant to paragraph (1). Any such allotment to a B"
State for a fiscal year shall remain available for obligation by the
State, in accordance with the provisions of this subsection and
the State's plan approved thereunder, until the close of the
succeeding fiscal year.
(B) The amount of any allotment to a State under
subparagraph (A) for any fiscal year which the Secretary
determines will not be required by the State, during the period
for which it is available, for the purposes for which allotted shall
be available for reallotment by the Secretary from time to time,
on suqh date or dates as he may fix, to other States with respect
to which such a determination has not been made, in proportion
to the original allotments to such States under subparagraph (A)
for such fiscal year, but with such proportionate amount for any
of such other States being reduced to the extent it exceeds the
sum the Secretary estimates such State needs and will be able to _
use during such period; and the total of such reductions shall be H
similarly reallotted among the States whose proportionate ™
amounts were not so reduced. Any amount so reallotted to a
State from funds appropriated pursuant to this subsection for a H
fiscal year shall be deemed part of its allotment under mm
subparagraph (A) for such fiscal year.
(4) From each State's allotment for a fiscal year under this mm
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subsection, the State shall from time to time be paid the Federal
share of the expenditures incurred during that year or the
succeeding year pursuant to its State plan approved under this
subsection. Such payments shall be made on the basis of
estimates by the Secretary of the sums the State will need in
order to perform the planning under its approved State plan
under this subsection, but with such adjustments as may be
necessary to take account of previously made underpayments or
overpayments. The "Federal share" for any State for purposes of
this subsection shall be all, or such part as the Secretary may
determine, of the cost of such planning, except that in the case of
the allotments for the fiscal year ending June 30,1970, it shall not
exceed 75 per centum of such cost.
Project grants for areawide health planning; authorization of appropriations;
prerequisite for grants; application; contents
(b) (1) (A) The Secretary is authorized, during the period
beginning July 1,1966, and ending June 30, 1974, to make, with
the approval of the State agency administering or supervising
the administration of the State plan approved under subsection
(a) of this section, project grants to any other public or nonprofit
private agency or organization (but with appropriate
representation of the interests of local government where the
recipient of the grant is not a local government or combination
thereof on an agency of such government or combination) to
cover not to exceed 75 per centum of the cost of projects for
developing (and from time to time revising) comprehensive
regional, metropolitan area, or other local area plans for
coordination of existing and planned health services, including
the facilities and persons required for provisions of such
services; and including the provision of such services through
home health care except that in the case of project grants made
in any State prior to July 1, 1968, approval of such State agency
shall be required only if such State has such a State plan in effect
at the time of such grants. No grant may be made under this
subsection after June 30,1970, to any agency or organization to
develop or revise health plans for an area unless the Secretary
determines that such agency or organization provides means for
appropriate representation of the interests of the hospitals,
other health care facilities, and practicing physicians serving
such area, and the general public. For the purposes of carrying
out this subsection, there are hereby authorized to be
appropriated $5,000,000 for the fiscal year ending June 30,1967,
$7,500,000 for the fiscal year ending June 30,1968, $10,000,000 for
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the fiscal year ending June 30, 1969, $15,000,000 for the fiscal I
year ending June 30, 1970, $20,000,000 for the fiscal year ending ™
June 30,1971, $30,000,000 for the fiscal year ending June 30,1972,
$40,000,000 for the fiscal year ending June 30, 1973, and •
$25,100,000 for the fiscal year ending June 30, 1974. •
(B) Project grants may be made by the Secretary under
subparagraph (A) to the State agency administering or H
supervising the administration of the State plan approved under •
subsection (a) of this section with respect to a particular region
or area, but only if (i) no application for such a grant with respect
to such region or area has been filed by any other agency or
organization qualified to receive such a grant, and (ii) such State
agency certifies, and the Secretary finds, that ample opportunity
has been afforded to qualified agencies and organizations to file
application for such a grant with respect to such region or area
and that it is improbable that, in the foreseeable future, any
agency or organization which is qualified for such a grant will
file application therefor.
(2) (A) In order to be approved under this subsection, an
application for a grant under this subsection must contain or be
supported by reasonable assurances that there has been or will
be established, in or for the area with respect to which such grant
is sought, an areawide health planning council. The membership
of such council shall include representatives of public, voluntary,
and nonprofit private agencies, institutions, and organizations
concerned with health (including representatives of the
interests of local government, of the regional medical program
for such area, and of consumers of health services). A majority of
the members of such council shall consist of representatives of
consumers of health services.
(B) In addition, an application for a grant under this
subsection must contain or be supported by reasonable
assurances that the areawide health planning agency has made
provision for assisting health care facilities in its area to develop
a program for capital expenditures for replacement,
modernization, and expansion which is consistent with an
overall State plan which will meet the needs of the State and the
area for health care facilities, equipment, and services without
duplication and otherwise in the most efficient and economical
manner.
Project grants for training, studies, and demonstrations; authorization of
appropriations
(c) The Secretary is also authorized, during the period
beginning July 1,1966, and ending June 30,1974, to make grants
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to any public or non-profit private agency, institution, or other
organization to cover all or any part of the cost of projects for
training, studies, or demonstrations looking toward the
development of improved or more effective comprehensive
health planning throughout the Nation. For the purposes of
carrying out this subsection, there are hereby authorized to be
appropriated $1,500,000 for the fiscal year ending June 30,1967,
$2,500,000 for the fiscal year ending June 30,1968, $5,000,000 for
the fiscal year ending June 30,1969, $7,500,000 for the fiscal year
ending June 30, 1970, $8,000,000 for the fiscal year ending June
30, 1971, $10,000,000 for the fiscal year ending June 30, 1972,
$12,000,000 for the fiscal year ending June 30, 1973, and
$4,700,000 for the fiscal year ending June 30, 1974,
Grants for comprehensive public health services; authorization of appropriations;
State plans; allotments; payments to States; Federal share; allocation of funds
(d) (1) There are authorized to be appropriated $70,000,000
for the fiscal year ending June 30, 1968, $90,000,000 for the
fiscal year ending June 30, 1969, $100,000,000 for the fiscal year
ending June 30, 1970, $130,000,000 for the fiscal year ending
June 30, 1971, $145,000,000 for the fiscal year ending June
30,1972, $165,000,000 for the fiscal year ending June 30,1973, and
$90,000,000 for the fiscal year ending June 30,1974, to enable the
Secretary to make grants to State health or mental health
authorities to assist the States in establishing and maintaining
adequate public health services, including the training of
personnel for State and local health work. The sums so
appropriated shall be used for making payments to States which
have submitted, and had approved by the Secretary, State plans
for provision of public health services, except that, for any fiscal
year ending after June 30,1968, such portion of such sums as the
Secretary may determine, but not exceeding 1 per centum
thereof, shall be available to the Secretary for evaluation
(directly or by grants or contracts) of the program authorized by
this subsection and the amount available for allotments
hereunder shall be reduced accordingly.
(2) In order to be approved under this subsection, a State plan
for provision of public health services must—
(A) provide for administration or supervision of
administration by the State health authority or, with respect
to mental health services, the State mental health authority;
(B) set forth the policies and procedures to be followed in
the expenditure of the funds paid under this subsection;
(C) contain or be supported by assurances satisfactory to
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the Secretary that (i) the funds paid to the State under this •
subsection will be used to make a significant contribution
toward providing and strengthening public health services in
the various political subdivisions in order to improve the
health of the people; (ii) such funds will be made available to
other public or nonprofit private agencies, institutions, and
organizations, in accordance with criteria which the
Secretary determines are designed to secure maximum
participation of local, regional, or metropolitan agencies and
groups in the provision of such services; (iii) such funds will be
used to supplement and, to the extent practical, to increase the
level of funds that would otherwise be made available for the
purposes for which the Federal funds are provided and not to
supplant such non-Federal funds; and (iv) the plan is
compatible with the total health program of the State;
(D) provide for the furnishing of public health services
under the State plan in accordance with such plans as have
been developed pursuant to subsection (a) of this section;
(E) provide that public health services furnished under the
plan will be in accordance with standards prescribed by
regulations, including standards prescribed by regulations,
including standards as to the scope and quality of such
services;
(F) provide such methods of administration (including
methods relating to the establishment and maintenance of
personnel standards on a merit basis, except that the
Secretary shall exercise no authority with respect to the _
selection, tenure of office, and compensation of any individual H
employed in accordance with such methods) as are found by ^^
the Secretary to be necessary for the proper and efficient
operation of the plan; •
(G) provide that the State health authority or, with respect H
to mental health services, the State mental health authority,
will from time to time, but not less often than annually, review
and evaluate its State plan approved under this subsection
and submit to the Secretary appropriate modifications
thereof;
(H) provide that the State health authority or, with respect
to mental health services, the State mental health authority,
will make such reports, in such form and containing such
information, as the Secretary may from time to time
reasonably require, and will keep such records and afford such
access thereto as the Secretary finds necessary to assure the
correctness and verification of such reports; M
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(I) provide for such fiscal control and fund accounting
procedures as may be necessary to assure the proper
disbursement of and accounting for funds paid to the State
under this subsection;
(J) contain such additional information and assurances as
the Secretary may find necessary to carry out the purposes of
this subsection;
(K) provide for services for the prevention and treatment of
drug abuse and drug dependence, commensurate with the
extent of the problem; and
(L) provide for service for the prevention and treatment of
alcohol abuse and alcoholism, commensurate with the extent
of the problem.
(3) From the sums appropriated to carry out the provisions of
this subsection the several States shall be entitled for each fiscal
year to allotments determined, in accordance with regulations,
on the basis of the population and financial need of the respective
States, except that no State's allotment shall be less for any year
than the total amounts allotted to such State under formula
grants for cancer control, plus other allotments under this
section, for the fiscal year ending June 30, 1967.
(4) (A) From each State's allotment under this subsection
for a fiscal year, the State shall be paid the Federal share of the
expenditures incurred during such year under its State plan
approved under this subsection. Such payments shall be made
from time to time in advance on the basis of estimates by the
Secretary of the sums the State plan, except that such
adjustments as may be necessary shall be made on account of
previously made underpayments or overpayments under this
subsection.
(B) For the purpose of determining the Federal share for
any State, expenditures by nonprofit private agencies,
organizations, and groups shall, subject to such limitations
and conditions as may be prescribed by regulations, be
regarded as expenditures by such State or a political
subdivision thereof.
(5) The "Federal share" for any State for purposes of this
subsection 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 capital income of the United
States; except that in no case shall such percentage be less
than 33x/3 per centum or more than 66% per centum, and except
that the Federal share for the Commonwealth of Puerto Rico,
Guam, American Samoa, the Trust Territory of the Pacific
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Project grants for health services and related training; authorization of
appropriations; review of application by appropriate areawide health planning
agency
Islands, and the Virgin Islands shall be 66% per centum. •
(6) The Federal shares shall be determined by the Secretary
between July 1 and September 1 of each year, on the basis of the
average per capita incomes of each of the States and of the
United States for the most recent year for which satisfactory
data are available from the Department of Commerce, and such
determination shall be conclusive for the fiscal year beginning
on next July 1. The populations of the several States shall be
determined on the basis of the latest figures for the population of
the several States available from the Department of Commerce.
(7) At least 15 per centum of a State's allotment under this
subsection shall be available only to the State mental health
authority for the provision under the State plan of mental health
services. Effective with respect to allotments under this
subsection for fiscal years ending after June 30,1968, at least 70
per centum of such amount reserved for mental health services
and at least 70 per centum of the remainder of a State's allotment
under this subsection shall be available only for the provision
under the State plan of services in communities of the State.
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(e) There are authorized to be appropriated $90,000,000 for
the fiscal year ending June 30, 1968, $95,000,000 for the fiscal
year ending June 30, 1969, $80,000,000 for the fiscal year ending
June 30, 1970, $109,500,000 for the fiscal year ending June 30, .
1971, $135,000,000 for the fiscal year ending June 30, 1972, •
$157,000,000 for the fiscal year ending June 30, 1973, and ™
$230,700,000 for the fiscal year ending June 30,1974 for grants to
any public or nonprofit private agency, institution, or H
organization to cover part of the cost (including equity •
requirements and amortization of loans on facilities acquired
from the Office of Economic Opportunity or construction in
connection with any program or project transferred from the
Office of Economic Opportunity) of (1) providing services
(including related training) to meet health needs of limited
geographic scope or of specialized regional or national
significance, or (2) developing and supporting for an initial
period new programs of health services (including related
training). Any grant made under this subsection may be made
only if the application for such grant has been referred for review
and comment to the appropriate areawide health planning
agency or agencies (or, if there is no such agency in the area, then ••
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to such other public or nonprofit private agency or organization
(if any) which performs similar functions) and only if the services
assisted under such grant will be provided in accordance with
such plans as have been developed pursuant to subsection (a) of
this section. No grant may be made under this subsection for the
fiscal year ending June 30, 1974, to cover the cost of services
described in clause (1) or (2) of the first sentence if a grant or
contract to cover the cost of such services may be made or
entered into from funds authorized to be appropriated for such
fiscal year under an authorization of appropriations in any
provision of this chapter (other than this subsection) amended by
Title I of the Health Programs Extension Act of 1973.
Repeal
Subsec. (f) of this section repealed (less applicability to
commissioned officers of the Public Health Service) by Pub.L.
91-648, Title IV, §§ 403, 404, Jan. 5, 1971, 84 Stat. 1925, effective
sixty days after Jun. 5, 1971.
Interchange of personnel with States
(f) (1) For the purposes of this subsection, the term "State"
means a State or a political subdivision of a State or any agency
of either of the foregoing engaged in any activities related to
health or designated or established pursuant to subparagraph
(A) of paragraph (2) of subsection (a) of this section; the term
"Secretary" means (except when used in paragraph (3) (D) the
Secretary of Health, Education, and Welfare; and the term
"Department" means the Department of Health, Education, and
Welfare.
(2) The Secretary is authorized, through agreements or
otherwise, to arrange for assignment to States of officers and
employees of the States to the Department and assignment to
States of officers and employees in the Department engaged in
work related to health, for work which the Secretary determines
will aid the Department in more effective discharge of its
responsibilities in the field of health as authorized by law,
including cooperation with States and the provision of technical
or other assistance. The period of assignment of any officer or
employee under an arrangement shall not exceed two years.
(3) (A) Officers and employees in the Department assigned
to any State pursuant to this subsection shall be considered,
during such assignment, to be (i) on detail to a regular work
assignment in the Department, or (ii) on leave without pay from
their positions in the Department.
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(B) Persons considered to be so detailed shall remain as H
officers or employees, as the case may be, in the Department for
all purposes, except that the supervision of their duties during
the period of detail may be governed by agreement between the •
Department and the State involved. H
(C) In the case of persons so assigned and on leave without
pay— •
(i) if the rate of compensation (including allowances) for ||
their employment by the State is less than the rate of
compensation (including allowances) they would be receiving
had they continued in their regular assignment in the
Department, they may receive supplemental salary payments
from the Department in the amount considered by the
Secretary to be justified, but not at a rate in excess of the
difference between the State rate and the Department rate;
and
(ii) they may be granted annual leave and sick leave to the
extent authorized by law, but only in circumstances
considered by the Secretary to justify approval of such leave.
Such officers and employees on leave without pay shall,
notwithstanding any other provision of law, be entitled—
(iii) to continuation of their insurance under the Federal
Employees' Group Life Insurance Act of 1954, and coverage
under the Federal Employees Health Benefits Act of 1959, so •
long as the Department continues to collect the employee's H
contribution from the officer or employee involved and to
transmit for timely deposit into the funds created under such ••
Acts the amount of the employee's contributions and the H
Government's contribution from appropriations of the
Department; and
(iv) (I) in the case of commissioned officers of the Service, H
to have their service during their assignment treated as "i
provided in section 215(d) of this title for such officers on leave
without pay, or (II) in the case of other officers and employees
in the Department, to credit the period of their assignment
under the arrangement under this subsection toward periodic
or longevity step increases and for retention and leave accrual
purposes, and, upon payment into the civil service retirement
and disability fund of the percentage of their State salary, and
of their supplemental salary payments, if any, which would
have been deducted from a like Federal salary for the period of II
such assignment and payment by the Secretary into such fund H
of the amount which would have been payable by him during the
period of such assignment with respect to a like Federal salary, ••
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to treat (notwithstanding the provisions of the Independent
Offices Appropriation Act, 1959, under the head "Civil Service
Retirement and Disability Fund") their service during such
period, as service within the meaning of the Civil Service
Retirement Act;
except that no officer or employee or his beneficiary may receive
any benefits under the Civil Service Retirement Act, the Federal
Employees Health Benefits Act of 1959, or the Federal
Employees' Group Life Insurance Act of 1954, based on service
during an assignment hereunder for which the officer or
employee or (if he dies without making such election) his
beneficiary elects to receive benefits, under any State
retirement or insurance law or program, which the Civil Service
Commission determines to be similar. The Department shall
deposit currently in the funds created under the Federal
Employees' Group Life Insurance Act of 1954, the Federal
Employees Health Benefits Act of 1959, and the civil service
retirement and disability fund, respectively, the amount of the
Government's contribution under these Acts on account of
service with respect to which employee contributions are
collected as provided in subparagraph (iii) and the amount of the
Government's contribution under the Civil Service Retirement
Act on account of service with respect to which payments (of the
amount which would have been deducted under that Act)
referred to in subparagraph (iv) are made to such civil service
retirement and disability fund.
(D) Any such officer or employee on leave without pay (other
than a commissioned officer of the Service) who suffers disability
or death as a result of personal injury sustained while in the
performance of his duty during an assignment hereunder, shall
be treated, for the purposes of the Federal Employees'
Compensation Act, as though he were an employee, as defined in
such Act, who had sustained such injury in the performance of
duty. When such person (or his dependents, in case of death)
entitled by reason of injury or death to benefits under that Act is
also entitled to benefits from a State for the same injury or
death, he (or his dependents in case of death) shall elect which
benefits he will receive. Such election shall be made within one
year after the injury or death, or such further time as the
Secretary of Labor may for good cause allow, and when made
shall be irrevocable unless otherwise provided by law.
(4) Assignment of any officer or employee in the Department
to a State under this subsection may be made with or without
reimbursement by the State for the compensation (or
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supplementary compensation), travel and transportation •
expenses (to or from the place of assignment), and allowances, or ™
any part thereof, of such officer or employee during the period of
assignment, and any such reimbursement shall be credited to
the appropriation utilized for paying such compensation, travel
or transportation expenses, or allowances.
(5) Appropriations to the Department shall be available, in
accordance with the standardized Government travel
regulations or, with respect to commissioned officers of the
Service, the joint travel regulations, for the expenses of travel of
officers and employees assigned to States under an arrangement
under this subsection on either a detail or leave-without-pay
basis and, in accordance with applicable law, orders, and
regulations, for expenses of transportation of their immediate
families and expenses of transportation of their household goods
and personal effects, in connection with the travel of such
officers and employees to the location of their posts of
assignment and their return to their official stations.
(6) Officers and employees of States who are assigned to the
Department under an arrangement under this subsection may
(A) be given appointments in the Department covering the
periods of such assignments, or (B) be considered to be on detail
to the Department. Appointments of persons so assigned may be
made without regard to the civil service laws. Persons so
appointed in the Department shall be paid at rates of
compensation determined in accordance with the Classification
Act of 1949, and shall not be considered to be officers or
employees of the Department for the purposes of (A) the Civil
Service Retirement Act, (B) the Federal Employees' Group Life
Insurance Act of 1954, or (C) unless their appointments result in
the loss of coverage in a group health benefits plan whose
premium has been paid in whole or in part by a State
contribution, the Federal Employees Health Benefits Act of
1959. State officers and employees who are assigned to the
Department without appointment shall not be considered to be
officers or employees of the Department, except as provided in
subsection (7), nor shall they be paid a salary or wage by the
Department during the period of their assignment. The
supervision of the duties of such persons during the assignment
may be governed by agreement between the Secretary and the
State involved.
(7) (A) Any State officer or employee who is assigned to the
Department without appointment, shall nevertheless be subject
to the provisions of sections 203,205,207,208, and 209, of Title 18. —
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(B) Any State officer or employee who is given an
appointment while assigned to the Department, or who is
assigned to the Department without appointment, under an
arrangement under this subsection, and who suffers disability or
death as a result of personal injury sustained while in the
performance of his duty during such assignment shall be
treated, for the purpose of the Federal Employees'
Compensation Act, as though he were an employee, as defined in
such Act, who had sustained such injury in the performance of
duty. When such person (or his dependents, in case of death)
entitled by reason of injury or death to benefits under that Act is
also entitled to benefits from a State for the same injury or
death, he (or his dependents, in case of death) shall elect which
benefits he will receive. Such election shall be made within one
year after the injury or death, or such further time as the
Secretary of Labor may for good cause allow, and when made
shall be irrevocable unless otherwise provided by law.
(8) The appropriations to the Department shall be available,
in accordance with the standardized Government travel
regulations, during the period of assignment and in the case of
travel to and from their places of assignment or appointment, for
the payment of expenses of travel of persons assigned to, or given
appointments by, the Department under an arrangement under
this subsection.
(9) All arrangements under this subsection for assignment of
officers or employees in the Department to States or for
assignment of officers or employees of States to the Department
shall be made in accordance with regulations of the Secretary.
Consultation with State authorities; failure to comply with
statute or rules and regulations; definitions
(g) (1) All regulations and amendments thereto with
respect to grants to States under subsection (a) of this section
shall be made after consultation with a conference of the State
health planning agencies designated or established pursuant to
subparagraph (A) of paragraph (2) of subsection (a) of this
section. All regulations and amendments thereto with respect to
grants to States under subsection (d) of this section shall be made
after consultation with a conference of State health authorities
and, in the case of regulations and amendments which relate to
or in any way affect grants for services or other activities in the
field of mental health, the State mental health authorities.
Insofar as practicable, the Secretary shall obtain the agreement,
prior to the issuance of such regulations or amendments, of the
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or association, or is owned and operated by one or more
corporations or associations, no part of the net earnings of
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State authorities or agencies with whom such consultation is
required.
(2) The Secretary, at the request of any recipient of a grant
under this section, may reduce the payments to such recipient by
the fair market value of any equipment or supplies furnished to
such recipient and by the amount of the pay, allowances,
traveling expenses, and any other costs in connection with the II
detail of an officer or employee to the recipient when such •
furnishing or such detail, as the case may be, is for the
convenience of and at the request of such recipient and for the ••
purpose of carrying out the State plan or the project with respect H
to which the grant under this section is made. The amount by
which such payments are so reduced shall be available for
payment of such costs (includingthe costs of such equipment and •
supplies) by the Secretary, but shall, for purposes of determining ™
the Federal share under subsection (a) or (d) of this section, be
deemed to have been paid to the State.
(3) Whenever the Secretary, after reasonable notice and
opportunity for hearing to the health authority or, where
appropriate, the mental health authority of a State or a State •
health planning agency designated or established pursuant to •
subparagraph (A) of paragraph (2) of subsection (a) of this
section, finds that, with respect to money paid to the State out of
appropriations under subsection (a) or (d) of this section, there is II
a failure to comply substantially with either— •
(A) the applicable provisions of this section;
(B) the State plan submitted under such subsection; or ••
(C) applicable regulations under this section; H
the secretary shall notify such State health authority, mental
health authority, or health planning agency, as the case may be,
that further payments will not be made to the State from
appropriations under such subsection (or in his discretion that
further payments will not be made to the State from such
appropriations for activities in which there is such failure), until
he is satisfied that there will no longer be such failure. Until he is
so satisfied, the Secretary shall make no payment to such State
from appropriations under such subsection, or shall limit ••
payment to activities in which there is no such failure. •
(4) For the purposes of this section—
(A) The term "nonprofit" as applied to any private agency,
institution, or organization means one which is a corporation H
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which inures, or may lawfully inure, to the benefit of any
private shareholder or individual; and
(B) The term "State" includes the Commonwealth of
Puerto Rico, Guam, American Samoa, the Trust of Territory of
the Pacific Islands, the Virgin Islands, and the District of
Columbia and the term "United States" means the fifty States
and the District of Columbia.
July 1,1944, c. 373 Title III, § 314,58 Stat. 693; July 3,1946, c. 538, §
9, 60 Stat. 424; June 16, 1948, c. 481, § 5, 62 Stat. 468; 1953 Reorg.
Plan No. 1, §§ 5,8, eff. Apr. 11,1953,18 F.R. 2053,67 Stat. 631; Aug.
1,1956, c. 852, § 18, 70 Stat. 910; July 22,1958, Pub.L. 85-544, § 1,72
Stat. 400; Oct. 5,1961, Pub.L. 87-688, § 4(a) (1), 76 Stat. 587; Aug. 5,
1965, Pub.L. 89-109, § 4, 79 Stat. 436; Nov. 3,1966, Pub.L. 89-749, §
3,80 Stat. 1181; Dec. 5,1967, Pub.L. 90-174, §§ 2(a)-(f), 3(b) (2), 8(a),
(b), 12(d), 81 Stat. 533-535, 540, 541.
As amended June 30,1970, Pub.L. 91296, Title I, § 111 (b), Title IV,
§ 401(b) (1) (C), (D), 84 Stat. 340, 352, Oct. 27, 1970, Pub.L. 91-513,
Title I, § 3(b), 84 Stat. 1241; Oct. 30,1970, Pub.L. 91-515, Title II, §§
220, 230, 240, 250, 260(a), (b), (c) (1), 282, 84 Stat. 1304-1306,1308;
and amended Dec. 31,1970, Pub.L. 91-616, Title III, § 331,84 Stat.
1853, as amended June 18, 1973, Pub.L. 93-45, Title I, § 106, 87
Stat. 92.
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THE WATER RESOURCES PLANNING ACT
Sec.
1962. Congressional statement of policy.
1962—1. Effect on existing laws.
1962—2. Congressional statement of objectives.
SUBCHAPTER I.—WATER RESOURCES COUNCIL
1962a. Establishment; composition; other Federal agency participation;
designation of Chairman.
1962a—1. Powers and duties.
1962a—2. Establishment of principles, standards, and procedures for prepa-
ration of regional or river basin plans and Federal projects;
revision of river basin planning commission plans.
1962a—3. Review of river basin commission plans; report to President and
Congress.
1962a—4. Administrative provisions.
(a) Hearings, proceedings, evidence, reports; office space; use
of mails; personnel; consultants; motor vehicles; neces-
sary expenses; other powers.
(b) Oaths.
(c) Records; public inspection.
(d) Information and personnel from other Federal agencies.
(e) Responsibility for personnel and funds.
SUBCHAPTER II.—RIVER BASIN COMMISSIONS
1962b. Creation of commissions; powers and duties.
1962b—1. Membership of commissions; appointment of chairman.
1962b—2. Organization of commissions.
(a) Commencement of functions; transfer of property, assets,
and records upon termination of commission; availability
of studies, data, and other materials to participants.
(b) Vice chairman; State election; State representation.
(c) Vacancies; alternates for chairman and vice chairman.
(d) Consensus of members on issues; opportunities for indi-
vidual views; record of position of chairman and vice
chairman; final authority on procedural questions.
1962b—3. Duties of commissions.
1962b—4. Administrative provisions.
(a) Hearings, proceedings, evidence, reports; office space; use
of mails; personnel, consultants, and professional service
contracts; personnel from other agencies; retirement and
employee benefit system for personnel without coverage;
motor vehicles; necessary expenses; other powers.
(b) Oaths.
(c) Records; public inspection.
(d) Information and personnel from other Federal agencies.
(e) Responsibility for personnel and funds.
1962b—-5. Compensation of commission members.
1962b—6. Expenses of commissions.
(a) Federal share; apportionment of remainder; annual
budget; estimates of proposed Federal appropriations;
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Sec.
(b)
(c)
(d)
EPA CURRENT LAWS—WATER
advances against delayed State appropriations; credit to
account in the Treasury.
Acceptance, reception, utilization, and disposal of appro-
priations, donations, and grants.
Accounts of receipts and disbursements; annual audit;
inclusion in annual report.
Inspection of accounts.
1962c.
1962c.— 1.
1962c— 2.
1962c— 3.
1962c— 4.
1962c— 5.
1962c— 6.
1962d.
SUBCHAPTER III.—FINANCIAL ASSISTANCE TO STATES
FOR COMPREHENSIVE PLANNING GRANT
AUTHORIZATIONS
Authorization of appropriations; coordination of related Federal
planning assistance programs; utilization of Federal agen-
cies administering programs contributing to water resources
planning.
Allotments to States; basis, population and land area determina-
tions ; payments to States; amount.
State programs; approval by Council; submission; requirements;
notice and hearing prior to disapproval.
Noncompliance; curtailing of payments.
Payments to States; computation of amount.
Definition.
Records; audit and examination.
SUBCHAPTER IV.—MISCELLANEOUS PROVISIONS
Authorization of appropriations; limitation for single river basin
commission.
1962d—1. Rules and regulations.
1962d—2. Delegation of functions.
1962d—3. Utilization of personnel.
1962d—4. Northeastern United States water supply.
(a) Plans for Federal construction, operation, and maintenance
of reservoir system within certain river basins and con-
veyance and purification facilities through cooperation
of Secretary of the Army and government agencies;
financial participation of States.
(b) Construction, operation, and maintenance of reservoirs and
conveyance and purification facilities.
(c) Reservoirs as components of river basin and water supply
plans.
1962d—5. Water resources development projects involving navigation, flood
control, and shore protection.
(a) Construction, operation, and maintenance; limitation on
estimated Federal first cost of construction; Congres-
sional committee approval of projects; reports to Con-
gress.
(b) Local cooperation requirements based on certain estimated
Federal first cost of construction.
1962d—5a. Reimbursement to States.
(a) Combination of reimbursement of installation costs and
reduction in contributions; single project limitation.
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WATER RESOURCES PLANNING 42 § 1962
Sec.
(b) Agreement provisions; termination of agreement for fail-
ure to commence work.
(c) Certification of performance.
(d) Beach erosion control projects.
(e) Prohibition of construction for Federal assumption of re-
sponsibilities of non-Federal bodies or for Federal liabil-
ity for unnecessary or inapplicable project work of such
bodies.
(f) Allotment limitation for any fiscal year; specific project
reimbursement authorizations.
1962d—5b. Water resources projects; written agreement requirement
(a) Cooperation of non-Federal interest.
(b) Definition of non-Federal interest.
(c) Enforcement; jurisdiction.
(d) Nonperformance of terms of agreement by non-Federal
interest; notice; reasonable opportunity for perform-
ance; performance by Chief of Engineers.
(e) Inventory of agreements; report to Congress.
(f) Effective date.
1962d—6. Feasibility studies; acceleration; advancement of costs by non-
Federal sources.
1962d—7. Delmarva Peninsula hydrologic study; duties of Secretary of
Interior.
1962d—8. Same; reports to President and Congress.
1962d—9. Same; information from Federal agencies.
1962d—10. Same; cooperation with other agencies.
1962d—11. Same; authorization of appropriations.
§ 1962. Congressional statement of policy
In order to meet the rapidly expanding demands for water
throughout the Nation, it is hereby declared to be the policy of the
Congress to encourage the conservation, development, and utiliza-
tion of water and related land resources of the United States on a
comprehensive and coordinated basis by the Federal Government,
States, localities, and private enterprise with the cooperation of
all affected Federal agencies, States, local governments, individ-
uals, corporations, business enterprises, and others concerned.
Pub.L. 89-80, § 2, July 22, 1965, 79 Stat. 244.
§ 1962—1. Effect on existing laws
Nothing in this chapter shall be construed—
(a) to expand or diminish either Federal or State jurisdic-
tion, responsibility, or rights in the field of water resources
planning, development, or control; nor to displace, supersede,
limit or modify any interstate compact or the jurisdiction or
responsibility of any legally established joint or common
agency of two or more States, or of two or more States and
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42 § 1962—1 EPA CURRENT LAWS—WATER
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the Federal Government ; nor to limit the authority of Con- Hj
gress to authorize and fund projects ; H
(b) to change or otherwise affect the authority or respon-
sibility of any Federal official in the discharge of the duties of j*m
his office except as required to carry out the provisions of this B
chapter with respect to the preparation and review of com-
prehensive regional or river basin plans and the formation
and evaluation of Federal water and related land resources B
projects; B
(c) as superseding, modifying, or repealing existing laws
applicable to the various Federal agencies which are author-
ized to develop or participate in the development of water
and related land resources or to exercise licensing or regula-
tory functions in relation thereto, except as required to carry
out the provisions of this chapter ; nor to affect the jurisdic-
tion, powers, or prerogatives of the International Joint Com-
mission, United States and Canada, the Permanent Engineer-
ing Board and the United States Operating Entity or Entities flj
established pursuant to the Columbia River Basin Treaty, IB
signed at Washington, January 17, 1961, or the International
Boundary and Water Commission, United States and Mexico ; MB
(d) as authorizing any entity established or acting under B
the provisions hereof to study, plan, or recommend the trans-
fer of waters between areas under the jurisdiction of more
than one river basin commission or entity performing the
function of a river basin commission.
Pub.L. 89-80, § 3, July 22, 1965, 79 Stat. 244.
§ 1962 — 2. Congressional statement of objectives
It is the intent of Congress that the objectives of enhancing re-
gional economic development, the quality of the total environment,
including its protection and improvement, the well-being of the
people of the United States, and the national economic develop-
ment are the objectives to be included in federally financed water
resource projects, and in the evaluation of benefits and cost at- M|
tributable thereto, giving due consideration to the most feasible B
alternative means of accomplishing these objectives.
Pub.L. 91-611, Title II, § 209, Dec. 31, 1970, 84 Stat. 1829.
SUBCHAPTER I. — WATER RESOURCES COUNCIL ^
§ 1962a. Establishment; composition; other Federal agency
participations; designation of Chairman
There is hereby established a Water Resources Council (herein-
after referred to as the "Council") which shall be composed of the
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WATER RESOURCES PLANNING 42 § 1962a
Secretary of the Interior, the Secretary of Agriculture, the Secre-
tary of the Army, the Secretary of Health, Education, and Wel-
fare, and the Chairman of the Federal Power Commission. The
Chairman of the Council shall request the heads of other Federal
agencies to participate with the Council when matters affecting
their responsibilities are considered by the Council. The Chairman
of the Council shall be designated by the President.
Pub.L. 89-80, Title I, § 101, July 22, 1965, 79 Stat. 245.
§ 1962a—1. Powers and duties
The Council shall—
(a) maintain a continuing study and prepare an assess-
ment biennially, or at such less frequent intervals as the
Council may determine, of the adequacy of supplies of water
necessary to meet the water requirements in each water re-
source region in the United States and the national interest
therein; and
(b) maintain a continuing study of the relation of regional
or river basin plans and programs to the requirements of
larger regions of the Nation and of the adequacy of adminis-
trative and statutory means for the coordination of the water
and related land resources policies and programs of the sev-
eral Federal agencies; it shall appraise the adequacy of exist-
ing and proposed policies and programs to meet such require-
ments ; and it shall make recommendations to the President
with respect to Federal policies and programs.
Pub.L. 89-80, Title I, § 102, July 22, 1965, 79 Stat. 245.
§ 1962a—2. Establishment of principles, standards, and proce-
dures for preparation of regional or river basin plans and Federal
projects; revision of river basin planning commission plans
The Council shall establish, after such consultation with other
interested entities, both Federal and non-Federal, as the Council
may find appropriate, and with the approval of the President, prin-
ciples, standards, and procedures for Federal participants in the
preparation of comprehensive regional or river basin plans and
for the formulation and evaluation of Federal water and related
land resources projects. Such procedures may include provision for
Council revision of plans for Federal projects intended to be pro-
posed in any plan or revision thereof being prepared by a river
basin planning commission.
Pub.L. 89-80, Title I, § 103, July 22, 1965, 79 Stat. 245.
§ 1962a—3. Review of river basin commission plans; report to
President and Congress
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42 § 1962a—3 EPA CURRENT LAWS—WATER
Upon receipt of a plan or revision thereof from any river basin
commission under the provisions of section 1962b—3(3) of this
title, the Council shall review the plan or revision with special re-
gard to—
(1) the efficacy of such plan or revision in achieving opti-
mum use of the water and related land resources in the area
involved; ••
(2) the effect of the plan on the achievement of other pro- IJ
grams for the development of agricultural, urban, energy, in-
dustrial, recreational, fish and wildlife, and other resources of
the entire Nations; and
(3) the contributions which such plan or revision will
make in obtaining the Nation's economic and social goals.
Based on such review the Council shall—
(a) formulate such recommendations as it deems desirable
in the national interest; and
(b) transmit its recommendations, together with the plan
or revision of the river basin commission and the views, com-
ments, and recommendations with respect to such plan or
revision submitted by any Federal agency, Governor, inter-
state commission, or United States section of an international
commission, to the President for his review and transmittal
to the Congress with his recommendations in regard to au-
thorization of Federal projects. IJ
Pub.L. 89-80, Title I, § 104, July 22, 1965, 79 Stat. 245. •
§ 1962a—4. Administrative provisions—Hearings, proceedings,
evidence, reports; office space; use of mails; personnel; consult- IJ
ants; motor vehicles; necessary expenses; other powers Hi
(a) For the purpose of carrying out the provisions of this chap-
ter, the Council may: (1) hold such hearings, sit and act at such •
times and places, take such testimony, receive such evidence, and IJ
print or otherwise reproduce and distribute so much of its proceed-
ings and reports thereon as it may deem advisable; (2) acquire,
furnish, and equip such office space as is necessary; (3) use the
United States mails in the same manner and upon the same condi-
tions as other departments and agencies of the United States;
(4) employ and fix the compensation of such personnel at it deems IJ
advisable, in accordance with the civil service laws and Classifica- •
tion Act of 1949, as amended; (5) procure services as authorized
by section 15 of the Act of August 2, 1946, at rates not to exceed M
$100 per diem for individuals; (6) purchase, hire, operate, and IJ
maintain passenger motor vehicles; and (7) incur such necessary
expenses and exercise such other powers as are consistent with
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WATER RESOURCES PLANNING 42 § 1962a—4
and reasonably required to perform its functions under this
chapter.
Oaths
(b) Any member of the Council is authorized to administer
oaths when it is determined by a majority of the Council that testi-
mony shall be taken or evidence received under oath.
Records; public inspection
(c) To the extent permitted by law, all appropriate records and
papers of the Council may be made available for public inspection
during ordinary office hours.
Information and personnel from other Federal agencies
(d) Upon request of the Council, the head of any Federal de-
partment or agency is authorized (1) to furnish to the Council
such information as may be necessary for carrying out its func-
tions and as may be available to or procurable by such department
or agency, and (2) to detail to temporary duty with such Council
on a reimbursable basis such personnel within his administrative
jurisdiction as it may need or believe to be useful for carrying out
its functions, each such detail to be without loss of seniority, pay,
or other employee status.
Responsibility for personnel and funds
(e) The Council shall be responsible for (1) the appointment
and supervision of personnel, (2) the assignment of duties and
responsibilities among such personnel, and (3) the use and ex-
penditures of funds.
Pub.L. 89-80, Title I, § 105, July 22, 1965, 79 Stat. 246.
SUBCHAPTER II.—RIVER BASIN COMMISSIONS
§ 1962b. Creation of commissions; powers and duties
(a) The President is authorized to declare the establishment of
a river basin water and related land resources commission upon
request therefor by the Council, or request addressed to the Coun-
cil by a State within which all or part of the basin or basins con-
cerned are located if the request by the Council or by a State
(1) defines the area, river basin, or group of related river basins
for which a commission is requested, (2) is made in writing by the
Governor or in such manner as State law may provide, or by the
Council, and (3) is concurred in by the Council and by not less
than one-half of the States within which portions of the basin or
basins concerned are located and, in the event the Upper Colorado
River Basin is involved, by at least three of the four States of
Colorado, New Mexico, Utah, and Wyoming or, in the event the
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42 § 1962b EPA CuRKENT LAWS—WATER
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Columbia River Basin is involved, by at least three of the four H
States of Idaho, Montana, Oregon, and Washington. Such concur- !•
rences shall be in writing.
(b) Each such commission for an area, river basin, or group of
river basins shall, to the extent consistent with section 1962—1 of
this title—
(1) serve as the principal agency for the coordination of
Federal, State, interstate, local and nongovernmental plans
for the development of water and related land resources in its
area, river basin, or group of river basins; _
(2) prepare and keep up to date, to the extent practicable, •
a comprehensive, coordinated, joint plan for Federal, State,
interstate, local and nongovernmental development of water
and related resources: Provided, That the plan shall include •
an evaluation of all reasonable alternative means of achieving •
optimum development of water and related land resources of
the basin or basins, and it may be prepared in stages, includ-
ing recommendations with respect to individual projects;
(3) recommend long-range schedules of priorities for the
collection and analysis of basic data and for investigation,
planning, and construction of projects; and
(4) foster and undertake such studies of water and related
land resources problems in its area, river basin, or group of
river basins as are necessary in the preparation of the plan
described in clause (2) of this subsection.
Pub.L. 89-80, Title II, § 201, July 22, 1965, 79 Stat. 246.
§ 1962b—1. Membership of commissions; appointment of
chairman
Each river basin commission shall be composed of members ap-
pointed as follows:
(a) A chairman appointed by the President who shall also serve
as chairman and coordinating officer of the Federal members of
the commission and who shall represent the Federal Government
in Federal-State relations on the commission and who shall not,
during the period of his service on the commission, hold any other
position as an officer or employee of the United States, except as a
retired officer or retired civilian employee of the Federal Govern-
ment;
(b) One member from each Federal department or independent
agency determined by the President to have a substantial interest
in the work to be undertaken by the commission, such member to
be appointed by the head of such department or independent
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WATER RESOURCES PLANNING 42 § 1962b—1
agency and to serve as the representative of such department or
independent agency;
(c) One member from each State which lies wholly or partially
within the area, river basin, or group of river basins for which the
commission is established, and the appointment of each such mem-
ber shall be made in accordance with the laws of the State which
he represents. In the absence of governing provisions of State law,
such State members shall be appointed and serve at the pleasure of
the Governor;
(d) One member appointed by any interstate agency created by
an interstate compact to which the consent of Congress has been
given, and whose jurisdiction extends to the waters of the area,
river basin, or group of river basins for which the river basin
commission is created;
(e) When deemed appropriate by the President, one member,
who shall be appointed by the President, from the United States
section of any international commission created by a treaty to
which the consent of the Senate has been given, and whose juris-
diction extends to the waters of the area, river basin, or group of
river basins for which the river basin commission is established.
Pub.L. 89-80, Title II, § 202, July 22, 1965, 79 Stat. 247.
§ 1962b—2. Organization of commissions—Commencement of
functions; transfer of property, assets, and records upon termina-
tion of commission; availability of studies, data, and other mate-
rials to participants
(a) Each river basin commission shall organize for the per-
formance of its functions within ninety days after the President
shall have declared the establishment of such commission, subject
to the availability of funds for carrying on its work. A commission
shall terminate upon decision of the Council or agreement of a
majority of the States composing the commission. Upon such ter-
mination, all property, assets, and records of the commission shall
thereafter be turned over to such agencies of the United States
and the participating States as shall be appropriate in the circum-
stances: Provided, That studies, data, and other materials useful
in water and related land resources planning to any of the partici-
pants shall be kept freely available to all such participants.
Vice chairman; State election; State representation
|(b) State members of each commission shall elect a vice chair-
man, who shall serve also as chairman and coordinating officer of
the State members of the commission and who shall represent the
State governments in Federal-State relations on the commission.
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42 § 1962b—2 EPA CURRENT LAWS—WATER
Vacancies; alternates for chairman and vice chairman
(c) Vacanies in a commission shall not affect its powers but
shall be filled in the same manner in which the original appoint-
ments were made: Provided, That the chairman and vice chairman
may designate alternates to act for them during temporary ab-
sences.
Consensus of members on issues; opportunities for individual views; record of
position of chairman and vice chairman; final authority on procedural
questions
(d) In the work of the commission every reasonable endeavor
shall be made to arrive at a consensus of all members on all issues;
but failing this, full opportunity shall be afforded each member for
the presentation and report of individual views: Provided, That at
any time the commission fails to act by reason of absence of con-
sensus, the position of the chairman, acting in behalf of the Fed-
eral members, and the vice chairman, acting upon instructions of
the State members, shall be set forth in the record: Provided fur-
ther, That the chairman, in consultation with the vice chairman,
shall have the final authority, in the absence of an applicable bylaw
adopted by the commission or in the absence of a consensus, to fix
the times and places for meetings, to set deadlines for the submis- mm
sion of annual and other reports, to establish subcommittees, and •
to decide such other procedural questions as may be necessary for
the commission to perform its functions.
Pub.L. 89-80, Title II, § 203, July 22, 1965, 79 Stat. 248. •
§ 1962b—3. Duties of commissions
Each river basin commission shall—
(1) engage in such activities and make such studies and
investigations as are necessary and desirable in carrying out
the policy set forth in section 1962 of this title and in accom-
plishing the purposes set forth in section 1962b(b) of this
title;
(2) submit to the Council and the Governor of each par-
ticipating State a report on its work at least once each year.
Such report shall be transmitted through the President to the
Congress. After such transmission, copies of any such report
shall be sent to the heads of such Federal, States, interstate,
and international agencies as the President or the Governors
of the participating States may direct;
(3) submit to the Council for transmission to the President
and by him to the Congress, and the Governors and the legis-
latures of the participating States a comprehensive, coordi-
nated, joint plan, or any major portion thereof or necessary
revisions thereof, for water and related land resources devel-
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WATER RESOURCES PLANNING 42 § 1962b—3
opment in the area, river basin, or group of river basins for
which such commission was established. Before the commis-
sion submits such a plan or major portion thereof or revision
• thereof to the Council, it shall transmit the proposed plan or
revision to the head of each Federal department or agency,
the Governor of each States, and each interstate agency, from
• which a member of the commission has been appointed, and
to the head of the United States section of any international
commission if the plan, portion or revision deals with a
boundary water or a river crossing a boundary, or any tribu-
Itary flowing into such boundary water or river, over which
the international commission has jurisdiction or for which it
has responsibility. Each such department and agency head,
• Governor, interstate agency, and United States section of an
international commission shall have ninety days from the date
of the receipt of the proposed plan, portion, or revision to re-
port its views, comments, and recommendations to the com-
mission. The commission may modify the plan, portion, or
revision after considering the reports so submitted. The
views, comments, and recommendation submitted by each
• Federal department or agency head, Governor, interstate
agency, and United States section of an international com-
mission shall be transmitted to the Council with the plan, por-
• tion, or revision; and
(4) submit to the Council at the time of submitting such
plan, any recommendations it may have for continuing the
functions of the commission and for implementing the plan,
including means of keeping the plan up to date.
Pub.L. 89-80, Title II, § 204, July 22, 1965, 79 Stat. 248.
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§ 1962b—4. Administrative provisions—Hearings, proceedings,
evidence, reports; office space; use of mails; personnel, consult-
ants, and professional service contracts; personnel from other
agencies; retirement and employee benefit system for personnel
without coverage; motor vehicles; necessary expenses; other
powers
(a) For the purpose of carrying out the provisions of this sub-
chapter, each river basin commission may—
(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and print
or otherwise reproduce and distribute so much of its proceed-
ings and reports thereon as it may deem advisable;
(2) acquire, furnish, and equip such office space as is neces-
sary;
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42 § 1962b—4 EPA CURRENT LAWS—WATER *
(3) use the United States mails in the same manner and flj
upon the same conditions as departments and agencies of the Hi
United States;
(4) employ and compensate such personnel as it deems ••
advisable, including consultants, at rates not to exceed $100 II
per diem, and retain and compensate such professional or
technical service firms as it deems advisable on a contract
basis;
(5) arrange for the services of personnel from any State
or the United States, or any subdivision or agency thereof, or
any intergovernmental agency;
(6) make arrangements, including contracts, with any par-
ticipating government, except the United States or the Dis-
trict of Columbia, for inclusion in a suitable retirement and
employee benefit system of such of its personnel as may not be
eligible for or continuing in another governmental retirement
or employee benefit system, or otherwise provide for such cov-
erage of its personnel:
(7) purchase, hire, operate, and maintain passenger motor
vehicles; and
(8) incur such necessary expenses and exercise such other
powers as are consistent with and reasonably required to per-
form its functions under this chapter.
Oaths
(b) The chairman of a river basin commission, or any member
of such commission designated by the chairman thereof for the
purpose, is authorized to administer oaths when it is determined
by a majority of the commission that testimony shall be taken or
evidence received under oath.
Records; public inspection
(c) To the extent permitted by law, all appropriate records and
papers of each river basin commission shall be made available for
public inspection during ordinary office hours.
Information and personnel from other Federal agencies
(d) Upon request of the chairman of any river basin commis-
sion, or any member or employee of such commission designated
by the chairman thereof for the purpose, the head of any Federal
department or agency is authorized (1) to furnish to such com-
mission such information as may be necessary for carrying out its
functions and as may be available to or procurable by such depart-
ment or agency, and (2) to detail to temporary duty with such
commission on a reimbursable basis such personnel within his ad-
ministrative jurisdiction as it may need or believe to be useful for
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WATER RESOURCES PLANNING 42 § I962b—4
carrying out its functions, each such detail to be without loss of
seniority, pay, or other employee status.
Responsibility for personnel and funds
(e) The chairman of each river basin commission shall, with
the concurrence of the vice chairman, appoint the personnel em-
ployed by such commission, and the chairman shall, in accordance
with the general policies of such commission with respect to the
work to be accomplished by it and the timing thereof, be respon-
sible for (1) the supervision of personnel employed by such com-
mission, (2) the assignment of duties and responsibilities among
such personnel, and (3) the use and expenditure of funds available
to such commission.
Pub.L. 89-80, Title II, § 205, July 22, 1965, 79 Stat. 249.
§ 19625—5. Compensation of commission members
(a) Any member of a river basin commission appointed pur-
suant to section 1962b—l(b) and (e) of this title shall receive no
additional compensation by virtue of his membership on the com-
mission, but shall continue to receive, from appropriations made
for the agency from which he is appointed, the salary of his regu-
lar position when engaged in the performance of the duties vested
in the commission.
(b) Members of a commission, appointed pursuant to section
1962b—l(c) and (d) of this title, shall each receive such compen-
sation as may be provided by the States or the interstate agency
respectively, which they represent.
(c) The per annum compensation of the chairman of each river
basin commission shall be determined by the President, but when
employed on a full-time annual basis shall not exceed the maximum
scheduled rate for grade GS-18 of the Classification Act of 1949,
as amended; or when engaged in the performance of the commis-
sion's duties on an intermittent basis such compensation shall be
not more than $100 per day and shall not exceed $12,000 in any
year.
Pub.L. 89-80, Title II, § 206, July 22, 1965, 79 Stat. 250.
§ 1962b—6. Expenses of commissions—Federal share; appor-
tionment of remainder; annual budget; estimates of proposed
Federal appropriations; advances against delayed State appro-
priations; credit to account in the Treasury
(a) Each commission shall recommend what share of its ex-
penses shall be borne by the Federal Government, but such share
shall be subject to approval by the Council. The remainder of the
commission's expenses shall be otherwise apportioned as the com-
mission may determine. Each commission shall prepare a budget
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42 § 1962b—6 EPA CURRENT LAWS—WATER
annually and transmit it to the Council and the States. Estimates
of proposed appropriations from the Federal Government shall be
included in the budget estimates submitted by the Council under
the Budgeting and Accounting Act of 1921, as amended, and may
include an amount for advance to a commission against State
appropriations for which delay is anticipated by reason of later
legislative sessions. All sums appropriated to or otherwise received
by a commission shall be credited to the commission's account in
the Treasury of the United States.
Acceptance, reception, utilization, and disposal of
appropriations, donations, and grants
(b) A commission may accept for any of its purposes and func-
tions appropriations, donations, and grants of money, equipment,
supplies, materials, and services from any State or the United
States or any subdivision or agency thereof, or intergovernmental
agency, and may receive, utilize, and dispose of the same.
Accounts of receipts and disbursements; annual audit;
inclusion in annual report
(c) The commission shall keep accurate accounts of all receipts
and disbursements. The accounts shall be audited at least annually
in accordance with generally accepted auditing standards by inde-
pendent certified or licensed public accountants, certified or li-
censed by a regulatory authority of a State, and the report of the
audit shall be included in and become a part of the annual report
of the commission.
Inspection of accounts
(d) The accounts of the commission shall be open at all reason-
able times for inspection by representatives of the jurisdictions
and agencies which make appropriations, donations, or grants to
the commission. _
Pub.L. 89-80, Title II, § 207, July 22, 1965, 79 Stat. 250. •
SUBCHAPTER III.—FINANCIAL ASSISTANCE TO STATES FOR
COMPREHENSIVE PLANNING GRANT AUTHORIZATIONS •
§ 1962c. Authorization of appropriations; coordination of related
Federal planning assistance programs; utilization of Federal
agencies administering programs contributing to water resources H
planning H
(a) In recognition of the need for increased participation by
the States in water and related land resources planning to be effec-
tive, there are hereby authorized to be appropriated to the Council
for the next fiscal year beginning after July 22, 1965, and for the
nine succeeding fiscal years thereafter, $5,000,000 in each such _
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WATER RESOURCES PLANNING 42 § 1962c
year for grants to States to assist them in developing and partici-
pating in the development of comprehensive water and related land
resources plans.
(b) The Council, with the approval of the President, shall pre-
scribe such rules, establish such procedures, and make such ar-
rangements and provisions relating to the performance of its
functions under this subchapter, and the use of funds available
therefor, as may be necessary in order to assure (1) coordination
of the program authorized by this subchapter with related Federal
planning assistance programs, including the program authorized
under section 461 of Title 40 and (2) appropriate utilization of
other Federal agencies administering programs which may con-
tribute to achieving the purpose of this chapter.
Pub.L. 89-80, Title III, § 301, July 22, 1965, 79 Stat. 251.
§ 1962c—1. Allotments to States: basis, population and land
area determinations; payments to States: amount
(a) From the sums appropriated pursuant to section 1962c of
this title for any fiscal year the Council shall from time to time
make allotments to the States, in accordance with its regulations,
on the basis of (1) the population, (2) the land area, (3) the
need for comprehensive water and related land resources planning
programs, and (4) the financial need of the respective States. For
the purposes of this section the population of the States shall be
determined on the basis of the latest estimates available from the
Department of Commerce and the land area of the States shall
be determined on the basis of the official records of the United
States Geological Survey.
(b) From each State's allotment under this section for any
fiscal year the Council shall pay to such State an amount which is
not more than 50 per centum of the cost of carrying out its State
program approved under section 1962c—2 of this title, including
the cost of training personnel for carrying out such program and
the cost of administering such program.
Pub.L. 89-80, Title III, § 302, July 22, 1965, 79 Stat. 251.
§ 1962c—2. State programs; approval by Council; submission;
requirements; notice and hearing prior to disapproval
The Council shall approve any program for comprehensive water
and related land resources planning which is submitted by a State,
if such program—
(1) provides for comprehensive planning with respect to
intrastate or interstate water resources, or both, in such State
to meet the needs for water and water-related activities tak-
ing into account prospective demands for all purposes served
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42 § 1962c—2 EPA CURRENT LAWS—WATER
through or affected by water and related land resources de-
velopment, with adequate provision for coordination with all
Federal, State, and local agencies, and nongovernmental
entities having responsibilities in affected fields ;
(2) provides, where comprehensive statewide development
planning is being carried on with or without assistance under
section 461 of Title 40, or under the Land and Water Con-
servation Fund Act of 1965, for full coordination between
comprehensive water resources planning and other statewide
planning programs and for assurances that such water re-
sources planning will be in conformity with the general de-
velopment policy in such State ;
(3) designates a State agency (hereinafter referred to as
the "State agency") to administer the program;
(4) provides that the State agency will make such reports
in such form and containing such information as the Council
from time to time reasonably requires to carry out its func-
tions under this subchapter;
(5) sets forth the procedure to be followed in carrying out
the State program and in administering such program; and
(6) provides such accounting, budgeting, and other fiscal
methods and procedures as are necessary for keeping appro-
priate accountability of the funds and for the proper and _
efficient administration of the program. •
The Council shall not disapprove any program without first giving
reasonable notice and opportunity for hearing to the State agency
administering such program. H
Pub.L. 89-80, Title III, § 303, July 22, 1965, 79 Stat. 252. •
§ 1962c—3. Noncompliance; curtailing of payments _
Whenever the Council after reasonable notice and opportunity •
for hearing to a State agency finds that—
(a) the program submitted by such State and approved
under section 1962c—2 of this title has been so changed that H
it no longer complies with a requirement of such section; or ™
(b) in the administration of the program there is a failure
to comply substantially with such a requirement,
the Council shall notify such agency that no further payments will
be made to the State under this subchapter until it is satisfied that
there will no longer be any such failure. Until the Council is so
satisfied, it shall make no further payments to such State under
this subchapter.
Pub.L. 89-80, Title III, § 304, July 22, 1965, 79 Stat. 252. _
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§ 1962c—4. Payments to States; computation of amount
The method of computing and paying amounts pursuant to
this subchapter shall be as follows:
(1) The Council shall, prior to the beginning of each
calendar quarter or other period prescribed by it, estimate the
amount to be paid to each State under the provisions of this
subchapter for such period, such estimate to be based on such
records of the State and information furnished by it, and such
other investigation, as the Council may find necessary.
(2) The Council shall pay to the State, from the allotment
available therefor, the amount so estimated by it for any
period, reduced or increased, as the case may be, by any sum
(not previously adjusted under this paragraph) by which it
finds that its estimate of the amount to be paid such State for
any prior period under this subchapter was greater or less
than the amount which should have been paid to such State for
such prior period under this subchapter. Such payments shall
be made through the disbursing facilities of the Treasury
Department, at such times and in such installments as the
Council may determine.
Pub.L. 89-80, Title III, § 305, July 22, 1965, 79 Stat. 253.
§ 1962c—5. Definition
For the purpose of this subchapter the term "State" means a
State, the District of Columbia, Puerto Rico, or the Virgin
Islands.
Pub.L. 89-80, Title III, § 306, July 22, 1965, 79 Stat. 253.
§ 1962c—6. Records; audit and examination
(a) Each recipient of a grant under this chapter shall keep
such records as the Chairman of the Council shall prescribe,
including records which fully disclose the amount and
disposition of the funds received under the grant, and the total
cost of the project or undertaking in connection with which the
grant was made and the amount and nature 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.
(b) The Chairman of the Council 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
recipient of the grant that are pertinent to the determination
that funds granted are used in accordance with this chapter.
Pub.L. 89-80, Title III, § 307, July 22, 1965, 79 Stat. 253.
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SUBCHAPTER IV.—MISCELLANEOUS PROVISIONS
§ 1962d. Authorization of appropriations to the Water Resources
Council
There are authorized to be appropriated to the Water
Resources Council:
Limitation for single river basin commission
(a) not to exceed $6,000,000 annually for the Federal share of
the expenses of administration and operation of river basin
commissions, including salaries and expenses of the chairmen,
but not including funds authorized by subsection (c) below:
Provided, That not more than $750,000 annually shall be
available under this subsection for any single river basin
commission;
Limitation on the expenses of the Water Resources Council
(b) not to exceed $1,500,000 annually for the expenses of the
Water Resources Council in administering this chapter, not
including funds authorized by subsection (c) below;
Limitations on the availability of funds for the preparation of assessments and plans
(c) not to exceed $3,500,000 annually for fiscal years 1974 and
1975 for preparation of assessments, and for directing and
coordinating the preparation of such regional or river basin
plans as the Council determines are necessary and desirable in
carrying out the policy of this chapter: Provided, That not more
than $2,500,000 shall be available under this subsection for the
preparation of assessments: Provided further, That the Council
may transfer funds authorized by this subsection to river basin
commissions and to Federal and State agencies upon such terms
and conditions as it determines are necessary and desirable to
carry out the above functions in an economical, efficient, and
timely manner, and that such commissions and agencies are
hereby authorized to receive and expend such funds pursuant to
this subsection. M
Pub.L. 89-80, Title IV, § 401, July 22, 1965, 79 Stat. 253; Pub.L. •
90-547, Oct. 2, 1968, 82 Stat. 935; Pub.L. 92-27, June 17, 1971, 85
Stat. 77; Pub.L. 92-396, Aug. 20, 1972, 86 Stat. 578; Pub.L. 93-55,
July 1, 1973, 87 Stat. 140. •
§ 1962-1. Rules and regulations
The Council is authorized to make such rules and regulations Bj
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as it may deem necessary or appropriate for carrying out those
provisions of this chapter which are administered by it.
Pub.L. 89-80, Title IV, § 402, July 22, 1965, 79 Stat. 254.
§ 1962d-2. Delegation of functions
The Council is authorized to delegate to any member or
employee of the Council its administrative functions under
section 1962a-4 of this title and the detailed administration of
the grant program under subchapter III of this chapter.
Pub.L. 89-80, Title IV, § 403, July 22, 1965, 79 Stat. 254.
§ 1962d-3. Utilization of personnel
The Council may, with the consent of the head of any other
department or agency of the United States, utilize such officers
and employees of such agency on a reimbursable basis as are
necessary to carry out the provisions of this chapter.
Pub.L. 89-80, Title IV, § 404, July 22, 1965, 79 Stat. 254.
§ 1962d-4. Northeastern United States water supply—Plans for
Federal construction, operation, and maintenance of reservoir
system within certain river basins and conveyance and purification
facilities through cooperation of Secretary of the Army and
government agencies; financial participation of States
(a) Congress hereby recognizes that assuring adequate
supplies of water for the great metropolitan centers of the
United States has become a problem of such magnitude that the
welfare and prosperity of this country require the Federal
Government to assist in the solution of water supply problems.
Therefore, the Secretary of the Army, acting through the Chief
of Engineers, is authorized to cooperate with Federal, State, and
local agencies in preparing plans in accordance with the Water
Resources Planning Act to meet the long-range water needs of
the northeastern United States. This plan may provide for the
construction, operation, and maintenance by the United States
of (1) a system of major reservoirs to be located within those river
basins of the Northeastern United States which drain into the
Chesapeake Bay, those that drain into the Atlantic Ocean north
of the Chesapeake Bay, those that drain into Lake Ontario, and
those that drain into the Saint Lawrence River, (2) major
conveyance facilities by which water may be exchanged between
these river basins to the extent found desirable in the national
interest, and (3) major purification facilities. Such plans shall
provide for appropriate financial participation by the States,
political subdivisions thereof, and other local interests.
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Construction, operation, and maintenance of reservoirs and conveyance and
purification facilities
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(b) The Secretary of the Army, acting through the Chief of ^-
Engineers, shall construct, operate, and maintain those H
reservoirs, conveyance facilities, and purification facilities, ™
which are recommended in the plan prepared in accordance with
subsection (a) of this section, and which are specifically
authorized by law enacted after October 27, 1965.
Reservoirs as components of river basin and water supply plans ^_
(c) Each reservoir included in the plan authorized by this ||
section shall be considered as a component of a comprehensive
plan for the optimum development of the river basin in which it is mm
situated, as well as a component of the plan established in H
accordance with this section.
Pub.L. 89-298, Title I, § 101, Oct. 27, 1965, 79 Stat. 1073.
§ 1962d-5. Water resources development projects involving •
navigation, flood control, and shore protection—Construction,
operation, and maintenance; limitation on estimated Federal first
cost of construction; Congressional committee approval of H
projects; reports to Congress •
(a) The Secretary of the Army, acting through the Chief of
Engineers, is authorized to construct, operate, and maintain any •
water resource development project, including single and •
multiple purpose projects involving, but not limited to,
navigation, flood control, and shore protection, if the estimated mm
Federal first cost of constructing such project is less than H
$10,000,000. No appropriation shall be made to construct,
operate, or maintain any such project if such project has not
been approved by resolutions adopted by the Committees on
Public Works of the Senate and House of Representatives,
respectively. For the purpose of securing consideration of such
approval the Secretary shall transmit to Congress a report of
such proposed project, including all relevant data and all costs.
Local cooperation requirements based on certain estimated Federal
first cost of construction
(b) Any water resource development project authorized to be
constructed by this section shall be subject to the same
requirements of local cooperation as it would be if the estimated
Federal first cost of such project were $10,000,000 or more.
Pub.L. 89-298, Title II, § 201, Oct. 27, 1965, 79 Stat. 1073. •
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§ 1962d-5a. Reimbursement to States — Combination of
reimbursement of installation costs and reduction in contributions;
single project limitation
(a) The Secretary of the Army, acting through the Chief of
Engineers, may, when he determines it to be in the public
interest, enter into agreements providing for reimbursement to
States or political subdivisions thereof for work to be performed
by such non-Federal public bodies at water resources
development projects authorized for construction under the
Secretary of the Army and the supervision of the Chief of
Engineers. Such agreements may provide for reimbursement of
installation costs incurred by such entities or an equivalent
reduction in the contributions they would otherwise be required
to make, or in appropriate cases, for a combination thereof. The
amount of Federal reimbursement, including reductions in
contributions, for a single project shall not exceed $1,000,000.
Agreement provisions; termination of agreement for failure
to commence work
(b) Agreements entered into pursuant to this section shall (1)
fully describe the work to be accomplished by the non-Federal
public body, and be accompanied by an engineering plan if
necessary therefor; (2) specify the manner in which such work
shall be carried out; (3) provide for necessary review of design
and plans, and inspection of the work by the Chief of Engineers
or his designee; (4) state the basis on which the amount of
reimbursement shall be determined; (5) state that such
reimbursement shall be dependent upon the appropriation of
funds applicable thereto or funds available therefor, and shall
not take precedence over other pending projects of higher
priority for improvements; and (6) specify that reimbursement
or credit for non-Federal installation expenditures shall apply
only to work undertaken on Federal projects after project
authorization and execution of the agreement, and does not
apply retroactively to past non-Federal work. Each such
agreement shall expire three years after the date on which it is
executed if the work to be undertaken by the non-Federal public
body has not commenced before the expiration of that period.
The time allowed for completion of the work will be determined
by the Secretary of the Army, acting through the Chief of
Engineers, and stated in the agreement.
Certification of performance
(c) No reimbursement shall be made, and no expenditure
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shall be credited, pursuant to this section, unless and until the H
Chief of Engineers or his designee, has certified that the work for ••
which reimbursement or credit is requested has been performed
in accordance with the agreement.
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Beach erosion control projects
(d) Reimbursement for work commenced by non-Federal
public bodies no later than one year after August 13, 1968, to
carry out or assist in carrying out projects for beach erosion
control, may be made in accordance with the provisions of section
426 of Title 33. Reimbursement for such work may, as an
alternative, be made in accordance with the provisions of this
section, provided that agreement required herein shall have
been executed prior to commencement of the work.
Expenditures for projects for beach erosion control commenced
by non-Federal public bodies subsequent to one year after
August 13, 1968, may be reimbursed by the Secretary of the
Army, acting through the Chief of Engineers, only in accordance
with the provisions of this section.
Prohibition of construction for Federal assumption of responsibilities of
non-Federal bodies or for Federal liability for unnecessary or
inapplicable project work of such bodies
(e) This section shall not be construed (1) as authorizing the
United States to assume any responsibilities placed upon a
non-Federal body by the conditions of project authorization, or
(2) as committing the United States to reimburse non-Federal
interests if the Federal project is not undertaken or is modified
so as to make the work performed by the non-Federal Public body
no longer applicable.
Allotment limitation for any fiscal year; specific project
reimbursement authorizations
(f) The Secretary of the Army is authorized to allot from any
appropriations hereafter made for civil works, not to exceed
$10,000,000 for any one fiscal year to carry out the provisions of
this section. This limitation does not include specific project
authorizations providing for reimbursement.
Pub.L. 90-483, Title II, § 215, Aug. 13, 1968, 82 Stat. 747.
§ 1962d-5b. Water resources projects; written agreement ••
requirement — Cooperation of non- Federal interest •
(a) After December 31, 1970, the construction of any water
resources project by the Secretary of the Army, acting through _
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the Chief of Engineers, or by a non-Federal interest where such
interest will be reimbursed for such construction under the
provisions of section 1962d-5a of this title or under any other
provision of law, shall not be commenced until each non-Federal
interest has entered into a written agreement with the
Secretary of the Army to furnish its required cooperation for the
project.
Definition of non-Federal interest
(b) A non-Federal interest shall be a legally constituted
public body with full authority and capability to perform the
terms of its agreement and to pay damages, if necessary, in the
event of failure to perform.
Enforcement; jurisdiction
(c) Every agreement entered into pursuant to this section
shall be enforcible in the appropriate district court of the United
States.
Nonperformance of terms of agreement by non-Federal interest;
notice; reasonable opportunity for performance;
performance by Chief of Engineers
(d) After commencement of construction of a project, the
Chief of Engineers may undertake performance of those items of
cooperation necessary to the functioning of the project for its
purposes, if he has first notified the non-Federal interest of its
failure to perform the terms of its agreement and has given such
interest a reasonable time after such notification to so perform.
Inventory of agreements; report to Congress
(e) The Secretary of the Army, acting through the Chief of
Engineers, shall maintain a continuing inventory of agreements
and the status of their performance, and shall report thereon
annually to the Congress.
Effective date
(f) This section shall not apply to any project the construction
of which was commenced before January 1, 1972, or to the
assurances for future demands required by the Water Supply
Act of 1958, as amended.
Pub.L. 91-611, Title II, § 221, Dec. 31, 1970, 84 Stat. 1831; Pub.L.
92-222, § 4, Dec. 23, 1971, 85 Stat. 799.
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§ 1962d-6. Feasibility studies; acceleration; advancement of •
costs by non-Federal sources ••
The Secretary may accelerate feasibility studies authorized by
law when and to the extent that the costs of such studies shall
have been advanced by non-Federal sources.
Pub.L. 89-561, § 5, Sept. 7, 1966, 80 Stat. 714.
§ 1962d-7. Delmarva Peninsula hydrologic study; duties of
Secretary of Interior
The Secretary of the Interior (hereinafter referred to as the
"Secretary") is authorized and directed to make a
comprehensive study and investigation of the water resources of
the Delmarva Peninsula with a view to determining the
availability of fresh water supplies needed to meet the
anticipated future water requirements of the Delmarva
Peninsula area, and with a view to determining the most
effective means from the standpoint of hydrologic feasibility o'f
protecting and developing fresh water sources so as to insure,
insofar as practicable, the availability of adequate water
supplies in the future. In carrying out such study and
investigation with respect to the Delmarva Peninsula, the
Secretary shall—
(1) appraise the water use, requirements, and trends, and
determine the availability of water in the streams and
underground sources for the entire peninsula;
(2) determine the depths, thicknesses, and permeabilities,
the perennial yield, and the recharge characteristics or major
acquifers, and the quality characteristics to be expected from
each such major aquifer;
(3) determine with respect to ground water resources the
continuity and extent of important water-bearing formations;
(4) determine the yield from stream systems under natural
flow conditions and under varying degrees of storage and the
amounts and quality of waters available from such systems
during drought, flood, and intermediate conditions;
(5) determine whether sea water has moved inland into
heavily pumped coastal aquifers;
(6) give special consideration to conditions which may
invite the invasion of sea water into fresh-water supplies;
(7) compile and make available to appropriate State and
local officials any results of this study and investigation that
would be appropriate for their use in long-range planning,
development, and management of water supplies;
(8) cooperate with State and local agencies for the purpose •
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of using any information and data available to carry out the
purposes of this study; and
(9) consider such other matters as the Secretary may deem
appropriate to the study and investigation herein authorized.
Pub.L. 89-618, § 1, Oct. 4, 1966, 80 Stat. 870.
§ 1962d-8. Same; reports to President and Congress
During the course of the study and investigation authorized by
sections 1962d-7 to 1962d-ll of this title, the Secretary may
submit to the President for transmission to the Congress such
interim reports as the Secretary may consider desirable. The
Secretary shall submit a final report to the President for
transmission to the Congress not more than six years after
October 4, 1966.
Pub.L. 89-618, § 2, Oct. 4, 1966, 80 Stat. 870.
§ 1962d-9. Same; information from Federal agencies
The Secretary is authorized to secure directly from any
executive department, bureau, agency, board, commission,
office, independent establishment, or instrumentality of the
Federal Government, information, suggestions, estimates, and
statistics for the purpose of sections 1962d-7 to 1962d-ll of this
title and each department, bureau, agency, board, commission,
office, independent establishment, or instrumentality is
authorized and directed to furnish such information,
suggestions, estimates, and statistics, to the Secretary upon his
or his designee's request.
Pub.L. 89-618, § 3, Oct. 4, 1966, 80 Stat. 870.
§ 1962d-10. Same; cooperation with other agencies
In carrying out the study and investigation authorized by
sections 1962d-7 to 1962d-ll of this title, the Secretary is
authorized to cooperate with other Federal, State, and local
agencies now engaged in comprehensive planning for water
resource use and development in the Delmarva Peninsula area
by making available to those agencies his findings and to
cooperate with those agencies in the Northeastern United
States Water Supply Study as authorized by section 1962d-4 of
this title.
Pub.L. 89-618, § 4, Oct. 4, 1966, 80 Stat. 871.
§ 1962d-ll. Same; authorization of appropriations
There is hereby authorized to be appropriated the sum of
$500,000 to carry out the provisions of sections 1962d-7 to
1962d-ll of this title: Provided, That nothing in such sections
shall prevent the expenditure of other funds appropriated to the
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Geological Survey for studies and activities performed under its
general authority.
Pub.L. 89-618, § 5, Oct. 4, 1966, 80 Stat. 871.
§ 1962d-12. Alaskan water resources; investigations of projects H
for conservation, development, and utilization; reports
For the purpose of encouraging and promoting the develop-
ment of Alaska, the Secretary of the Interior (hereinafter •
referred to as the "Secretary") is authorized to make investiga- Bi
tions of projects for the conservation, development, and utiliza-
tion of the water resources of Alaska and to report thereon, with
appropriate recommendations, from time to time, to the presi-
dent and to the Congress.
Aug. 9, 1955, c. 682, § 1, 69 Stat. 618. «
§ 1962d-13. Same; solicitation of views and recommendations; H
transmittal of report to Congress
Prior to the transmission of any such report to the Congress,
the Secretary shall transmit copies thereof for information and
comment to the Governor of Alaska, or to such representative as
may be named by him, and to the heads of interested Federal
departments and agencies. The written views and recommen-
dations of the aforementioned officials may be submitted to the
Secretary within ninety days from the day of receipt of said
proposed report. The Secretary shall immediately thereafter Hj
transmit to the Congress, with such comments and recommen- mm
dations as he deems appropriate, his report, together with copies
of the views and recommendations received from the aforemen- ••
tioned officials. The letter of transmittal and its attachments H
shall be printed as a House or Senate document. Aug. 9,1955, c.
682, § 2, 69 Stat. 618.
§ 1962d-14. Same; appropriations
There are hereby authorized to be appropriated not more than
$250,000 in any one fiscal year.
Aug. 9, 1955, c. 682, § 3, 69 Stat. 618.
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APPALACHIAN DEVELOPMENT ACT
§ 212. Sewage treatment works
(a) In order to provide facilities to assist in the prevention of
pollution of the region's streams and to protect the health and wel-
fare of its citizens, the Secretary of Health, Education, and Wel-
fare is authorized to make grants for the construction of sewage
treatment works in accordance with the provisions of the Federal
Water Pollution Control Act (33 U.S.C. 466 et seq.), without re-
gard to any provisions therein relating to appropriation authoriza-
tion ceilings or to allotments among the States. Grants under this
section shall be made solely out of funds specifically appropriated
for the purpose of carrying out this Act, and shall not be taken
into account in the computation of the allotments among the States
pursuant to any other provision of law.
(b) Not to exceed $6,000,000 of the funds authorized in section
401 of this Act for the two-fiscal year period ending June 30, 1969,
shall be available to carry out this section.
As amended Pub.L. 90-103, Title I, § 114, Oct. 11, 1967, 81 Stat.
262.
§ 214. Supplements to Federal grant-in-aid programs
(a) In order to enable the people, States, and local communities
of the region, including local development districts, to take maxi-
mum advantage of Federal grant-in-aid programs (as hereinafter
defined) for which they are eligible but for which, because of their
economic situation, they cannot supply the required matching
share, the President is authorized to provide funds to the Federal
Cochairman to be used for the sole purpose of increasing the Fed-
eral contribution to projects under Federal grant-in-aid programs,
as hereafter defined, above the fixed maximum portion of the cost
of such projects otherwise authorized by the applicable law. Funds
shall be so provided for Federal grant-in-aid programs for which
funds are available under the Acts authorizing such programs and
shall be available without regard to any appropriation authoriza-
tion ceilings in such Acts. Any finding, report, certification, or
documentation required to be submitted to the head of the depart-
ment, agency, or instrumentality of the Federal Government re-
sponsible for the administration of any Federal grant-in-aid
program shall be accepted by the Federal Cochairman with respect
to a supplement grant for any project under such program.
(b) The Federal portion of such costs shall not be increased in
excess of the percentages established by the Commission, and shall
in no event exceed 80 per centum thereof.
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40 § 214 EPA CURRENT LAWS—WATER
(c) The term "Federal grant-in-aid programs" as used in this
section means those Federal grant-in-aid programs authorized by
this Act for the construction or equipment of facilities, and all
other Federal grant-in-aid programs authorized on or before
December 31, 1970, by Acts other than this Act for the acquisition
of land or the construction or equipment of facilities, including
but not limited to grant-in-aid programs authorized by the follow-
ing Acts: Federal Water Pollution Control Act; Watershed Pro-
tection and Flood Prevention Act; title VI of the Public Health
Service Act; Vocational Education Act of 1963; Library Services
Act; Federal Airport Act; Airport and Airway Development Act
of 1970; part IV of title III of the Communications Act of 1934;
Higher Education Facilities Act of 1963; Land and Water Conser-
vation Fund Act of 1965; National Defense Education Act of 1958. M
The term shall not include (A) the program for the construction •
of the development highway system authorized by section 201 of
this Act or any other program relating to highway or road con-
struction, or (B) any other program for which loans or other Fed- •
eral financial assistance, except a grant-in-aid program, is author- ™
ized by this or any other Act. For the purpose of this section, any
sewage treatment works constructed pursuant to section 8(c) of
the Federal Water Pollution Control Act without Federal grant-in-
aid assistance under such section shall be regarded as if con-
structed with such assistance. M
(d) Not to exceed $97,000,000 of the funds authorized in sec- •
tion 401 of this Act for the two-fiscal year period ending June 30,
1969, shall be available to carry out this section.
Pub.L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended Pub.L. 89-670, •
§ 8 (b), (c), Oct. 15, 1966, 80 Stat. 942, 943, Pub.L. 90-103, Title I, •
§ 116, Oct. 11, 1967, 81 Stat. 263. Pub.L. 91-123, Title I, § 107,
Nov. 25, 1969, 83 Stat. 215; Pub.L. 91-258, Title I, § 52 (b) (5),
May 21, 1970, 84 Stat. 235.
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THE DISASTER RELIEF ACT
EPA CURRENT LAWS—WATER
1.21 The Disaster Relief Act, 42 U.S.C. § 4401 et seq. (1970).
[See, "General 1.8", for text]
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I DEPARTMENT OF TRANSPORTATION ACT
EPA CURRENT LAWS—WATER
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1.22 Department of Transportation Act, 49 U.S.C.
_ § 1653(0 (1968).
[See, "General 1.5", for text]
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• FEDERAL AID HIGHWAY ACT
EPA CURRENT LAWS—WATER
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1.23 Federal Air Highway Act, as amended, 23 U.S.C.
_ § 109(h) (1970).
™ [See, "General 1.6", for text]
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AMORTIZATION OF POLLUTION CONTROL FACILITIES
EPA CURRENT LAWS— WATER
1.24 Amortization of Pollution Control Facilities, as amended,
26 U.S.C. § 169(d)(l)(B),(3) (1969).
[See, "General 1.4", for text]
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EPA CURRENT LAWS—WATER
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1.25 Airport and Airways Development Act, 49 U.S.C.
§§ 1712(f), 1716(c)(4),(e) (1970).
* [See, "General 1.7", for text]
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INTEREST ON CERTAIN GOVERNMENT OBLIGATIONS
EPA CURRENT LAWS—WATER
1.26 Interest on Certain Government Obligations, as amended,
26 U.S.C. § 103 (1969).
• [See, "General 1.9", for text]
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FISH AND WILDLIFE COORDINATION ACT
Sec.
661. Declaration of purpose; cooperation of agencies; surveys and investiga-
tions; donations.
662. Impounding, diverting, or controlling of waters.
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16 § 661 EPA CURRENT LAWS—WATER
from disease or other causes, in minimizing damages from over- H
abundant species, in providing public shooting and fishing areas, —
including easements across public lands for access thereto, and in
carrying out other measures necessary to effectuate the purposes •
of said sections; (2) to make surveys and investigations of the •
wildlife of the public domain, including lands and waters or inter-
ests therein acquired or controlled by any agency of the United
States; and (3) to accept donations of land and contributions of
funds in furtherance of the purposes of said sections. Mar. 10,
1934, c. 55, § 1, 48 Stat. 401; 1939 Reorg. Plan No. II, § 4 (e), (f), _
eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433; Aug. 14, 1946, c. 965, •
60 Stat. 1080; Aug. 12, 1958, Pub.L. 85-624, § 2, 72 Stat. 563. ™
§ 662. Impounding, diverting, or controlling of waters—Con- _
sultations between agencies H
(a) Except as hereafter stated in subsection (h) of this section,
whenever the waters of any stream or other body of water are pro-
posed or authorized to be impounded, diverted, the channel deep- •
ened, or the stream or other body of water otherwise controlled or •
modified for any purpose whatever, including navigation and
drainage, by any department or agency of the United States, or by
any public or private agency under Federal permit or license, such
department or agency first shall consult with the United States Fish
and Wildlife Service, Department of the Interior, and with the
head of the agency exercising administration over the wildlife
resources of the particular State wherein the impoundment, diver-
sion, or other control facility is to be constructed, with a view to
the conservation of wildlife resources by preventing loss of and
damage to such resources as well as providing for the development
and improvement thereof in connection with such water-resource
development.
Reports and recommendations; consideration
(b) In furtherance of such purposes, the reports and recom-
mendations of the Secretary of the Interior on the wildlife aspects M
of such projects, and any report of the head of the State agency •
exercising administration over the wildlife resources of the State,
based on surveys and investigations conducted by the United States
Fish and Wildlife Service and such State agency for the purpose H
of determining the possible damage to wildlife resources and for •
the purpose of determining means and measures that should be
adopted to prevent the loss of or damage to such wildlife resources, Hj
as well as to provide concurrently for the development and im- H
provement of such resources, shall be made an integral part of
any report prepared or submitted by any agency of the Federal _
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FISH AND WILDLIFE ACT 16 § 662
Government responsible for engineering surveys and construction
of such projects when such reports are presented to the Congress
or to any agency or person having the authority or the power, by
administrative action or otherwise, (1) to authorize the construc-
tion of water-resource development projects or (2) to approve a
report on the modification or supplementation of plans for pre-
viously authorized projects, to which sections 661-666c of this
title apply. Recommendations of the Secretary of the Interior
shall be as specific as is practicable with respect to features recom-
mended for wildlife conservation and development, lands to be
utilized or acquired for such purposes, the results expected, and
shall describe the damage to wildlife attributable to the project
and the measures proposed for mitigating or compensating for
these damages. The reporting officers in project reports of the
Federal agencies shall give full consideration to the report and
recommendations of the Secretary of the Interior and to any report
of the State agency on the wildlife aspects of such projects, and
the project plan shall include such justifiable means and measures
for wildlife purposes as the reporting agency finds should be
adopted to obtain maximum overall project benefits.
Modification of projects; acquisition of lands
(c) Federal agencies authorized to construct or operate water-
control projects are authorized to modify or add to the structures
and operations of such projects, the construction of which has not
been substantially completed on the date of enactment of the Fish
and Wildlife Coordination Act, and to acquire lands in accordance
with section 663 of this title, in order to accommodate the means
and measures for such conservation of wildlife resources as an
integral part of such projects: Provided, That for projects author-
ized by a specific Act of Congress before the date of enactment of
the Fish and Wildlife Coordination Act (1) such modification or
land acquisition shall be compatible with the purposes for which
the project was authorized; (2) the cost of such modifications or
land acquisition, as means and measures to prevent loss of and
damage to wildlife resources to the extent justifiable, shall be an
integral part of the cost of such projects; and (3) the cost of such
modifications or land acquisition for the development or improve-
ment of wildlife resources may be included to the extent justifiable,
and an appropriate share of the cost of any project may be al-
located for this purpose with a finding as to the part of such allo-
cated cost, if any, to be reimbursed by non-Federal interests.
Project costs
(d) The cost of planning for and the construction or installation
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16 § 662 EPA CURRENT LAWS—WATER
and maintenance of such means and measures adopted to carry out H
the conservation purposes of this section shall constitute an in-
teral part of the cost of such projects: Provided, That such cost
attributable to the development and improvement of wildlife shall H
not extend beyond that necessary for (1) land acquisition, (2) •
facilities as specifically recommended in water resource project
reports, (3) modification of the project, and (4) modification of
project operations, but shall not include the operation of wildlife
facilities.
Transfer of funds
(e) In the case of construction by a Federal agency, that agency
is authorized to transfer to the United States Fish and Wildlife
Service, out of appropriations or other funds made available for
investigations, engineering, or construction, such funds as may be
necessary to conduct all or part of the investigations required to
carry out the purposes of this section.
Estimation of wildlife benefits or losses
(f) In addition to other requirements, there shall be included in
any report submitted to Congress supporting a recommendation
for authorization of any new project for the control or use of water
as described herein (including any new division of such project or
new supplemental works on such project) an estimation of the
wildlife benefits or losses to be derived therefrom including bene-
fits to be derived from measures recommended specifically for the
development and improvement of wildlife resources, the cost of
providing wildlife benefits (including the cost of additional facili-
ties to be installed or lands to be acquired specifically for that par-
ticular phase of wildlife conservation relating to the development
and improvement of wildlife), the part of the cost of joint-use
facilities allocated to wildlife, and the part of such costs, if any,
to be reimbursed by non-Federal interests.
Applicability to projects
(g) The provisions of this section shall be applicable with re-
spect to any project for the control or use of water as prescribed
herein, or any unit of such project authorized before or after the
date of enactment of the Fish and Wildlife Coordination Act for
planning or construction, but shall not be applicable to any project
or unit thereof authorized before the date of enactment of the Fish
and Wildlife Coordination Act if the construction of the particular
project or unit thereof has been substantially completed. A project
or unit thereof shall be considered to be substantially completed w
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FISH AND WILDLIFE ACT 16 § 662
when sixty percent or more of the estimated construction cost has
been obligated for expenditure.
Exempt projects and activities
(h) The provisions of sections 661-666c of this title shall not be
applicable to those projects for the impoundment of water where
the maximum surface area of such impoundments is less than ten
acres, nor to activities for or in connection with programs pri-
marily for land management and use carried out by Federal agen-
cies with respect to Federal lands under their jurisdiction. Mar. 10,
1934, c. 55, § 2, 48 Stat. 401; 1939 Reorg. Plan No. II, § 4(e), (f),
eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 14, 1946, c. 965,
60 Stat. 1080; Aug. 12, 1958, Pub.L. 85-624, § 2, 72 Stat. 564. As
amended July 9, 1965, Pub.L. 89-72, § 6(b), 79 Stat. 216.
§ 663. Same—Conservation, maintenance, and management of
wildlife resources; development and improvement
(a) Subject to the exceptions prescribed in section 662 (h) of
this title, whenever the waters of any stream or other body of
water are impounded, diverted, the channel deepened, or the
stream or other body of water otherwise controlled or modified for
any purpose whatever, including navigation and drainage, by any
department or agency of the United States, adequate provision,
consistent with the primary purposes of such impoundment, diver-
sion, or other control, shall be made for the use thereof, together
with any areas of land, water, or interests therein, acquired or
administered by a Federal agency in connection therewith, for the
conservation, maintenance, and management of wildlife resources
thereof, and its habitat thereon, including the development and
improvement of such wildlife resources pursuant to the provisions
of section 662 of this title.
Use and availability of waters, land, or interests therein
(b) The use of such waters, land, or interests therein for wild-
life conservation purposes shall be in accordance with general
plans approved jointly (1) by the head of the particular depart-
ment or agency exercising primary administration in each in-
stance, (2) by the Secretary of the Interior, and (3) by the head of
the agency exercising the administration of the wildlife resources'
of the particular State wherein the waters and areas lie. Such waters
and other interests shall be made available, without cost for admin-
istration, by such State agency, if the management of the proper-
ties relate to the conservation of wildlife other than migratory
birds, or by the Secretary of the Interior, for administration in
such manner as he may deem advisable, where the particular prop-
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16 § 663 EPA CURRENT LAWS—WATER
erties have value in carrying out the national migratory bird •
management program: Provided, That nothing in this section shall
be construed as affecting the authority of the Secretary of Agri-
culture to cooperate with the States or in making lands available
to the States with respect to the management of wildlife and
wildlife habitat on lands administered by him.
Acquisition of land, waters, and interests therein;
report to the Congress
(c) When consistent with the purposes of sections 661-666c of
this title and the reports and findings of the Secretary of the Inte-
rior prepared in accordance with section 662 of this title, land,
waters, and interests therein may be acquired by Federal construc-
tion agencies for the wildlife conservation and development pur-
poses of sections 661-666c of this title in connection with a project
as reasonably needed to preserve and assure for the public benefit
the wildlife potentials of the particular project area: Provided, H
That before properties are acquired for this purpose, the probable •
extent of such acquisition shall be set forth, along with other data
necessary for project authorization, in a report submitted to the
Congress, or in the case of a project previously authorized, no such •
properties shall be acquired unless specifically authorized by Con- ••
gress, if specific authority for such acquisition is recommended by
the construction agency.
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Use of acquired properties
(d) Properties acquired for the purposes of this section shall
continue to be used for such purposes, and shall not become the
subject of exchange or other transactions if such exchange or other
transaction would defeat the initial purpose of their acquisition.
Availability of Federal lands acquired or withdrawn for
Federal water-resource purposes
(e) Federal lands acquired or withdrawn for Federal water-
resource purposes and made available to the States or to the Secre-
tary of the Interior for wildlife management purposes, shall be
made available for such purposes in accordance with sections 661-
666c of this title, notwithstanding other provisions of law. II
National forest lands ^™
(f) Any lands acquired pursuant to this section by any Federal
agency within the exterior boundaries of a national forest shall,
upon acquisition, be added to and become national forest lands,
and shall be administered as a part of the forest within which they
are situated, subject to all laws applicable to lands acquired under ••
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FISH AND WILDLIFE ACT 16 § 663
the provisions of the Act of March 1, 1911 (36 Stat. 961), unless
such lands are acquired to carry out the National Migratory Bird
Management Program. Mar. 10, 1934, c. 55, § 3, 48 Stat 401; 1940
Reorg. Plan No. Ill, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat.
1232; Aug. 14, 1946, c. 965, 60 Stat. 1080; Aug. 12, 1958, Pub.L.
85-624, § 2, 72 Stat. 566.
§ 664. Administration; rules and regulations; availability of
lands to State agencies
Such areas as are made available to the Secretary of the Interior
for the purposes of sections 661-666c of this title, pursuant to sec-
tions 661 and 663 of this title or pursuant to any other authoriza-
tion, shall be administered by him directly or in accordance with
cooperative agreements entered into pursuant to the provisions of
section 661 of this title and in accordance with such rules and
regulations for the conservation, maintenance, and management
of wildlife, resources thereof, and its habitat thereon, as may be
adopted by the Secretary in accordance with genera] plans ap-
proved jointly by the Secretary of the Interior and the head of the
department or agency exercising primary administration of such
areas: Provided, That such rules and regulations shall not be in-
consistent with the laws for the protection of fish and game of the
States in which such area is situated: Provided further, That
lands having value to the National Migratory Bird Management
Program may, pursuant to general plans, be made available with-
out cost directly to the State agency having control over wildlife
resources, if it is jointly determined by the Secretary of the In-
terior and such State agency that this would be in the public
interest: And provided further, That the Secretary of the Interior
shall have the right to assume the management and administration
of such lands in behalf of the National Migratory Bird Manage-
ment Program if the Secretary finds that the State agency has
withdrawn from or otherwise relinquished such management and
administration. Mar. 10, 1934, c. 55, § 4, 48 Stat. 402; 1939
Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; 1940 Reorg. Plan No. Ill, § 3, eff. June 30, 1940, 5 F.R.
2108, 54 Stat. 1232; Aug. 14, 1946, c. 965, 60 Stat. 1080; Aug. 12,
1958, Pub.L. 85-624, § 2, 72 Stat. 567.
§ 665. Investigations as to effect of sewage, industrial wastes:
reports
The Secretary of the Interior, through the Fish and Wildlife
Service and the Bureau of Mines, is authorized to make such in-
vestigations as he deems necessary to determine the effects nf
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16 § 665 EPA CURRENT LAWS—WATER
domestic sewage, mine, petroleum, and industrial wastes, erosion
silt, and other polluting substances on wildlife, and to make reports
to the Congress concerning such investigations and of recom-
mendations for alleviating dangerous and undesirable effects of
such pollution. These investigations shall include (1) the deter-
mination of standards of water quality for the maintenance of
wildlife; (2) the study of methods of abating and preventing pollu-
tion, including methods for the recovery of useful or marketable
products and byproducts of wastes; and (3) the collation and dis-
tribution of data on the progress and results of such investigations
for the use of Federal, State, municipal, and private agencies,
individuals, organizations, or enterprises. Mar. 10, 1934, c. 55, § 5,
48 Stat. 402; 1940 Reorg. Plan No. Ill, § 3, eff. June 30, 1940, 5
F.R. 2108, 54 Stat. 1232; Aug. 14, 1946, c. 965, 60 Stat. 1080.
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665a. Maintenance of adequate water levels in upper Mississippi
River •
In the management of existing facilities (including locks, dams, ••
and pools) in the Mississippi River between Rock Island, Illinois,
and Minneapolis, Minnesota, administered by the United States
Corps of Engineers of the Department of the Army, that Depart-
ment is directed to give full consideration and recognition to the
needs of fish and other wildlife resources and their habitat depend-
ent on such waters, without increasing additional liability to the
Government, and, to the maximum extent possible without causing
damage to levee and drainage districts, adjacent railroads and
highways, farm lands, and dam structures, shall generally operate ••
and maintain pool levels as though navigation was carried on •
throughout the year. Mar. 10, 1934, c. 55, § 5A, as added June 19,
1948, c. 528, 62 Stat. 497. M
§ 666. Appropriations ™
There is authorized to be appropriated from time to time, out of
any money in the Treasury not otherwise appropriated, such
amounts as may be necessary to carry out the provisions of
sections 661-666c of this title and regulations made pursuant
thereto, including the construction of such facilities, buildings, and
other improvements necessary for economical administration of
areas made available to the Secretary of the Interior under said
sections, and the employment in the city of Washington and else- •
where of such persons and means as the Secretary of the Interior •
may deem necessary for such purposes. Mar. 10, 1934, c. 55, § 6,
48 Stat. 402; Aug. 14,1946, c. 965, 60 Stat. 1080. •
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FISH AND WILDLIFE ACT 16 § 666a
§ 666a. Penalties
Any person who shall violate any rule or regulation promulgated
in accordance with sections 661-666c of this title shall be guilty of
a misdemeanor and upon conviction thereof shall be fined not more
than $500 or imprisoned for not more than one year, or both. Mar.
10, 1934, c. 55, § 7, as added Aug. 14, 1946, c. 965, 60 Stat. 1080.
§ 666b. Definitions
The terms "wildlife" and "wildlife resources" as used in sections
661-666c of this title include birds, fishes, mammals, and all other
classes of wild animals and all types of aquatic and land vegetation
upon which wildlife is dependent. Mar. 10, 1934, c. 55, § 8, as
added Aug. 14,1946, c. 965, 60 Stat. 1080.
§ 666c. Applicability to Tennessee Valley Authority
The provisions of sections 661-666b of this title shall not apply
to the Tennessee Valley Authority. Mar. 10, 1934, c. 55, § 9, as
added Aug. 4, 1946, c. 965, 60 Stat. 1080.
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PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT
OF 1965
42 § 3136. Sewer and other waste disposal facilities; certifica-
tion by Secretary of the Interior regarding adequate treatment
prior to discharge into streams
No financial assistance, through grants, loans, guarantees, or
otherwise, shall be made under this chapter to be used directly or
indirectly for sewer or other waste disposal facilities unless the
Secretary of the Interior certifies to the Secretary that any waste
material carried by such facilities will be adequately treated be-
fore it is discharged into any public waterway so as to meet
applicable Federal, State, interstate, or local water quality stand-
ards.
Pub.L. 89-136, Title I, § 106, Aug. 26, 1965, 79 Stat. 554; 1966
Reorg. Plan No. 2, § l(h) (3), eff. May 10, 1966, 31 F.R. 6857, 80
Stat. 1608.
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RIVERS AND HARBORS ACT OF 1910
33 § 421. Deposit of refuse, etc., in Lake Michigan near Chicago
It shall not be lawful to throw, discharge, dump, or deposit, or
cause, suffer, or procure, to be thrown, discharged, dumped, or
deposited, any refuse matter of any kind or description whatever
other than that flowing from streets and sewers and passing
therefrom in a liquid state into Lake Michigan, at any point oppo-
site or in front of the county of Cook, in the State of Illinois, or
the county of Lake in the State of Indiana, within eight miles
from the shore of said lake, unless said material shall be placed
inside of a breakwater so arranged as not to permit the escape of
such refuse material into the body of the lake and cause contami-
nation thereof; and no officer of the Government shall dump or
cause or authorize to be dumped any material contrary to the
provisions of this section: Provided, however, That the provisions
of this section shall not apply to work in connection with the
construction, repair, and protection of breakwaters and other
structures built in aid of navigation, or for the purpose of obtain-
ing water supply. Any person violating any provision of this sec-
tion shall be guilty of a misdemeanor, and on conviction thereof
shall be fined for each offense not exceeding $1,000
June 23,1910, c. 359, 36 Stat. 593.
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SUPERVISORY HARBORS ACT OF 1888
33 § 441. Deposit of refuse prohibited; penalty
The placing, discharging, or depositing, by any process or in any
manner, of refuse, dirt, ashes, cinders, mud, sand, dredgings,
sludge, acid, or any other matter of any kind, other than that
flowing from streets, sewers, and passing therefrom in a liquid
state, in the waters of any harbor subject to sections 441 to 451b
of this title, within the limits which shall be prescribed by the
supervisor of the harbor, is strictly forbidden, and every such act
is made a misdemeanor, and every person engaged in or who shall
aid, abet, authorize, or instigate a violation of this section, shall,
upon conviction, be punishable by fine or imprisonment, or both,
such fine to be not less than $250 nor more than $2,500, and the
imprisonment to be not less than thirty days nor more than one
year, either or both united, as the judge before whom conviction is
obtained shall decide, one-half of said fine to be paid to the person
or persons giving information which shall lead to conviction of
this misdemeanor.
June 29, 1888, c. 496, § 1, 25 Stat. 209; Aug. 28, 1958, Pub.L.
85-802, § 1(1), 72 Stat. 970.
§ 442. Liability of officers of towing vessel
Any and every master and engineer, or person or persons acting
in such capacity, respectively, on board of any boat or vessel, who
shall knowingly engage in towing any scow, boat, or vessel loaded
with any such prohibited matter to any point or place of deposit,
or discharge in the waters of any harbor subject to sections 441 to
451b of this title, or to any point or place elsewhere than within
the limits defined and permitted by the supervisor of the harbor,
shall be deemed guilty of a violation of section 441 of this title,
and shall, upon conviction, be punishable as provided for offenses
in violation of section 441 of this title, and shall also have his
license revoked or suspended for a term to be fixed by the judge
before whom tried and convicted.
June 29, 1888, c. 496, § 2, 25 Stat. 209; Aug. 28, 1958, Pub.L.
85-802, §1(2), 72 Stat. 970.
§ 443. Permit for dumping; penalty for taking or towing boat
or scow without permit
In all cases of receiving on board of any scows or boats such
forbidden matter or substance as described in section 441 of this
title, the owner or master, or person acting in such capacity on
73 Rev.-209
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33 § 443 EPA CURRENT LAWS—WATER
board of such scows or boats, before proceeding to take or tow the
same to the place of deposit, shall apply for and obtain from the
supervisor of the harbor appointed, as provided in section 451 of
this title, a permit defining the precise limits within which the
discharge of such scows or boats may be made; and it shall not be
lawful for the owner or master, or person acting in such capacity,
of any tug or towboat to tow or move any scow or boat so loaded
with such forbidden matter until such permit shall have been
obtained; and every person violating the foregoing provisions of
this section shall be deemed guilty of a misdemeanor, and on
conviction thereof shall be punished by a fine of not more than
$1,000 nor less than $500, and in addition thereto the master of
any tug or towboat so offending shall have his license revoked or ^m
suspended for a term to be fixed by the judge before whom tried H
and convicted.
June 29, 1888, c. 496, § 3, 25 Stat. 209; Aug. 18, 1894, c. 299, § 3,
28 Stat. 360; May 28,1908, c. 212, § 8, 35 Stat. 426. •
§ 444. Dumping at other place than designated dumping
grounds; penalty; person liable; excuses for deviation •
Any deviation from such dumping or discharging place specified •
in such permit shall be a misdemeanor, and the owner and master,
or person acting in the capacity of master, of any scows or boats
dumping or discharging such forbidden matter in any place other
than that specified in such permit shall be liable to punishment
therefor as provided in section 441 of this title; and the owner and ^
master, or person acting in the capacity of master, of any tug or •
towboat towing such scows or boats shall be liable to equal punish-
ment with the owner and master, or person acting in the capacity
of master, of the scows or boats; and, further, every scowman or H
other employee on board of both scows and towboats shall be ••
deemed to have knowledge of the place of dumping specified in
such permit, and the owners and masters, or persons acting in the
capacity of masters, shall be liable to punishment, as aforesaid,
for any unlawful dumping, within the meaning of sections 441 to
452 of this title, which may be caused by the negligence or igno- ••
ranee of such scowman or other employee; and, further, neither H
defect in machinery nor avoidable accidents to scows or towboats,
nor unfavorable weather, nor improper handling or moving of M
scows or boats of any kind whatsoever shall operate to release the •
owners and master and employees of scows and towboats from the
penalties mentioned in section 441 of this title. «
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SUPERVISORY HARBORS ACT OF 1888 33 § 444
June 29, 1888, c. 496, § 3, 25 Stat. 209; Aug. 18, 1894, c. 299, § 3,
28 Stat. 360; May 28,1908, c. 212, § 8, 35 Stat. 426.
§ 445. Equipment and marking of boats or scows
Every scow or boat engaged in the transportation of dredgings,
earth, sand, mud, cellar dirt, garbage, or other offensive material
of any description shall have its name or number and owner's
name painted in letters and numbers at least fourteen inches long
on both sides of the scow or boat; these names and numbers shall
be kept distinctly legible at all times, and no scow or boat not so
marked shall be used to transport or dump any such material.
Each such scow or boat shall be equipped at all times with a life
line or rope extending at least the length of and three feet above
the deck thereof, such rope to be attached to the coaming thereof,
also with a life preserver and a life buoy for each person on board
thereof, also with anchor to weigh not less than two hundred and
seventy-five pounds, and at least one hundred feet of cable at-
tached thereto; a list of the names of all men employed on any
such scow or boat shall be kept by the owner or master thereof
and the said list shall be open to the inspection of all parties.
Failure to comply with any of the foregoing provisions shall ren-
der the owner of such scow or boat liable upon conviction thereof
to a penalty of not more than $500: Provided, That the require-
ments in regard to life line or rope contained in this section shall
not apply to any scow or boat the deck outside the coaming or rail
of which shall not exceed one foot in width: And provided further,
That on any such scow or boat its name or number and owner's
name painted in letters and numbers, at least fourteen inches long
on both ends of such scow or boat, shall be a compliance with the
provisions of this section in regard to name, number, and owner's
name.
June 29, 1888, c. 496, § 3, 25 Stat. 209; Aug. 18, 1894, c. 299, § 3,
28 Stat. 360; May 28, 1908, c. 212, § 8, 35 Stat. 426; Feb. 16, 1909,
c. 132, 35 Stat. 623.
§ 446. Inspectors; appointment, powers, and duties
Each supervisor of a harbor is authorized and directed to ap-
point inspectors and deputy inspectors, and, for the purposes of
enforcing sections 441 to 452 of this title, and of detecting and
bringing to punishment offenders against the same, the said super-
visor of the harbor, and the inspectors and deputy inspectors so
appointed by him, shall have power and authority:
First. To arrest and take into custody, with or without process,
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33 § 446 EPA CURRENT LAWS—WATER
any person or persons who may commit any of the acts or offenses
prohibited by sections 441 to 451b of this title, or who may violate
any of the provisions of the same: Provided, That no person shall _
be arrested without process for any offense not committed in the •
presence of the supervisor or his inspectors or deputy inspectors, ™
or either of them: And provided further, That whenever any such
arrest is made the person or persons so arrested shall be brought H|
forthwith before a commissioner, judge, or court of the United •
States for examination of the offenses alleged against him; and
such commissioner, judge, or court shall proceed in respect thereto
as authorized by law in case of crimes against the United States.
Second. To go on board of any scow or towboat engaged in
unlawful dumping of prohibited material, or in moving the same M
without a permit, as required in section 443 of this title, or other- •
wise violating any of the provisions of sections 443 to 448 of this
title, and to seize and hold said boats until they are discharged by ^
action of the commissioner, judge, or court of the United States •
before whom the offending persons are brought. ™
Third. To arrest and take into custody any witness or witnesses
to such unlawful dumping of prohibited material, the said wit- •
nesses to be released under proper bonds. Hi
Fourth. To go on board of any towboat having in tow scows or
boats loaded with such prohibited material, and accompany the •
same to the place of dumping, whenever such action appears to be Hi
necessary to secure compliance with the requirements of sections
441 to 452 of this title. •
Fifth. To enter gas and oil works and all other manufacturing Hi
works for the purpose of discovering the disposition made of
sludge, acid, or other injurious material, whenever there is good «
reason to believe that such sludge, acid, or other injurious mate- •
rial is allowed to run into tidal waters of the harbor in violation
of section 441 of this title.
June 29, 1888, c. 496, § 3, 25 Stat. 209; Aug. 18, 1894, c. 299, § 3, I
28 Stat. 360; May 28, 1908, c. 212, § 8, 35 Stat. 426; Aug. 28, 1958, •
Pub.L. 85-802, § 1(3), 72 Stat. 970.
§ 447. Bribery of inspector; penalty H
Every person who, directly or indirectly, gives any sum of
money or other bribe, present, or reward, or makes any offer of am
the same to any inspector, deputy inspector, or other employee of •
the office of any supervisor of a harbor with intent to influence
such inspector, deputy inspector, or other employee to permit or ^
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SUPERVISORY HARBORS ACT OF 1888 33 § 447
overlook any violation of the provisions of sections 441 to 451b of
this title, shall, on conviction thereof, be fined not less than $500
nor more than $1,000, and be imprisoned not less than six months
nor more than one year.
June 29, 1888, c. 496, § 3, 25 Stat. 209; Aug. 18, 1894, c. 299, § 3,
28 Stat. 360; May 28, 1908, c. 212, § 8, 35 Stat. 426; Aug. 28, 1958,
Pub.L. 85-802, § 1(4), 72 Stat. 970.
§ 448. Return of permit; penalty for failure to return
Every permit issued in accordance with the provisions of sec-
tion 443 of this title, which may not be taken up by an inspector
or deputy inspector, shall be returned within four days after issu-
ance to the office of the supervisor of the harbor; such permit
shall bear an indorsement by the master of the towboat, or the
person acting in such capacity, stating whether the permit has
been used, and, if so, the time and place of dumping. Any person
violating the provisions of this section shall be liable to a fine of
not more than $500 nor less than $100.
June 29, 1888, c. 496, § 3, 25 Stat. 209; Aug. 18, 1894, c. 299, § 3,
28 Stat. 360; May 28, 1908, c. 218, § 8, 35 Stat. 426.
§ 449. Disposition of dredged matter; persons liable; penalty
All mud, dirt, sand, dredgings, and material of every kind and
description whatever taken, dredged, or excavated from any slip,
basin, or shoal in any harbor subject to sections 441 to 451b of
this title, and placed on any boat, scow, or vessel for the purpose
of being taken or towed upon the waters of that harbor to a place
of deposit, shall be deposited and discharged at such place or
within such limits as shall be denned and specified by the supervi-
sor of the harbor, as in section 443 of this title prescribed, and not
otherwise. Every person, firm, or corporation being the owner of
any slip, basin, or shoal, from which such mud, dirt, sand, dredg-
ings, and material shall be taken, dredged, or excavated, and every
person, firm, or corporation in any manner engaged in the work of
dredging or excavating any such slip, basin, or shoal, or of remov-
ing such mud, dirt, sand, or dredgings therefrom, shall severally
be responsible for the deposit and discharge of all such mud, dirt,
sand, or dredgings at such place or within such limits so defined
and prescribed by said supervisor of the harbor; and for every
violation of the provisions of this section the person offending
shall be guilty of an offense, and shall be punished by a fine equal
to the sum of $5 for every cubic yard of mud, dirt, sand, dredg-
ings, or material not deposited or discharged as required by this
section.
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33 § 449 EPA CURRENT LAWS—WATER
June 29, 1888, c. 496, § 4, 25 Stat. 210; Aug. 28, 1958, Pub.L. ||
85-802, § 1(5), 72 Stat. 970.
§ 450. Liability of vessel
Any boat or vessel used or employed in violating any provision
of sections 441 to 451b of this title, shall be liable to the pecuniary
penalties imposed thereby, and may be proceeded against, summa-
rily by way of libel in any district court of the United States
having jurisdiction thereof.
June 29, 1888, c. 496, § 4, 25 Stat. 210. im
§ 451. Supervisor of harbor; appointment and duties ™
An officer of the Corps of Engineers shall, for each harbor
subject to sections 441 to 451b of this title, be designated by the II
Secretary of the Army as supervisor of the harbor, to act under H
the direction of the Chief of Engineers in enforcing the provisions
of sections 441 to 451b of this title, and in detecting offenders
against the same. Each such officer shall have personal charge and
supervision under the Chief of Engineers, and shall direct the
patrol boats and other means to detect and bring to punishment
offenders against the provisions of said sections.
June 29, 1888, c. 496, § 5, 25 Stat. 210; June 29, 1949, c. 278, 63
Stat. 300; July 12,1952, c. 707, 66 Stat. 596; Aug. 28,1958, Pub.L.
85-802, § 1 (6), 72 Stat. 970.
§ 451a. Harbors subject to sections 441 to 451b of this title
The following harbors shall be subject to sections 441 to 451b of
this title:
(1) The harbor of New York.
(2) The harbor of Hampton Roads.
(3) The harbor of Baltimore.
June 29, 1888, c. 496, § 6, 25 Stat. 210; Aug. 28, 1958, Pub.L.
85-802, § 1(7), 72 Stat. 970.
§ 451b. Same; waters included
For the purposes of sections 441 to 451b of this title—
(1) The term "harbor of New York" means the tidal waters of II
the harbor of New York, its adjacent and tributary waters, and H
those of Long Island Sound.
(2) The term "harbor of Hampton Roads" means the tidal wa-
ters of the harbors of Norfolk, Portsmouth, Newport News,
Hampton Roads, and their adjacent and tributary waters, so much
of the Chesapeake Bay and its tributaries as lies within the State ••
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SUPERVISORY HAKHOKS ACT OF 1888 33 § 45lb
of Virginia, and so much ol the Atlantic Ocean and its tributaries
as lies within the jurisdiction of the United States within or to the
east of the State of Virginia.
(3) The term "harbor of Baltimore" means the tidal waters of
the harbor of Baltimore aad its adjacent and tributary waters,
and so much of Chesapeake Bay and its tributaries as lie within
the State of Maryland.
June 29, 1888, c. 496, § 7, as added Aug. 28, 1958, Pub.L. 85-802, §
l(8),72Stat. 970.
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WATERSHED PROTECTION AND FLOOD
PREVENTION ACT
16 § 1005. Works of improvement—Engineering and other
services; reimbursement; advances
(1) At such time as the Secretary and the interested local orga-
nization have agreed on a plan for works of improvement, and the
Secretary has determined that the benefits exceed the costs, and
the local organization has met the requirements for participation
in carrying out the works of improvement as set forth in section
1004 of this title, the local organization may secure engineering
and other services, including the design, preparation of contracts
and specifications, awarding of contracts, and supervision of con-
struction, in connection with such works of improvement, by re-
taining or employing a professional engineer or engineers satis-
factory to the Secretary or may request the Secretary to provide
such services: Provided, That if the local organization elects to
employ a professional engineer or engineers, the Secretary shall
reimburse the local organization for the costs of such engineering
and other services secured by the local organization as are prop-
erly chargeable to such works of improvement in an amount not to
exceed the amount agreed upon in the plan for works of improve-
ment or any modification thereof: Provided further, That the Sec-
retary may advance such amounts as may be necessary to pay for
such services, but such advances with respect to any works of
improvement shall not exceed 5 percentum of the estimated in-
stallation cost of such works.
Federal construction; request by local organization
(2) Except as to the installation of works of improvement on
Federal lands, the Secretary shall not construct or enter into any
contract for the construction of any structure: Provided, That, if
requested to do so by the local organization, the Secretary may
enter into contracts for the construction of structures.
Transmission of certain plans to Congress
(3) Whenever the estimated Federal contribution to the con-
struction cost of works of improvement in the plan for any water-
shed or subwatershed area shall exceed $250,000 or the works of
improvement include any structure having a total capacity in
excess of twenty-five hundred acre-feet, the Secretary shall trans-
mit a copy of the plan and the justification therefor to the Con-
gress through the President.
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16 § 1005 EPA CURRENT LAWS—WATER
Transmission of certain plans and recommendations to Congress
(4) Any plans for works of improvement involving an esti-
mated Federal contribution to construction costs in excess of
$250,000 or including any structure having a total capacity in
excess of twenty-five hundred acre-feet (a) which includes works
of improvement for reclamation or irrigation, or which affects
public or other lands or wildlife under the jurisdiction of the
Secretary of the Interior, (b) which includes Federal assistance
for goodwater1 detention structures, (c) which includes features
which may affect the public health, or (d) which includes mea-
sures for control or abatement of water pollution, shall be submit-
ted to the Secretary of the Interior, the Secretary of the Army,
the Secretary of Health, Education, and Welfare, or the Adminis-
trator of the Environmental Protection Agency, respectively, for
his views and recommendations at least thirty days prior to trans-
mission of the plan to the Congress through the President. The
views and recommendations of the Secretary of the Interior, the
Secretary of the Army, the Secretary of Health, Education, and
Welfare, and the Administrator of the Environmental Protection
Agency, if received by the Secretary prior to the expiration of the
above thirty-day period, shall accompany the plan transmitted by
the Secretary to the Congress through the President.
Rules and regulations
(5) Prior to any Federal participation in the works of improve-
ment under this chapter, the President shall issue such rules and
regulations as he deems necessary or desirable to carry out the
purposes of this chapter, and to assure the coordination of the
work authorized under this chapter and related work of other
agencies, including the Department of the Interior and the De-
partment of the Army.
As amended Sept. 27, 1962, Pub.L. 87-703, Title I, § 105, 76 Stat.
609; June 27, 1968, Pub.L. 90-361, 82 Stat. 250; Aug. 30, 1972,
Pub.L. 92-419, Title II, § 201 (g), 86 Stat. 669.
1 So in original. Probably should read '"flood-water" as originally enacted.
2
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REEFS FOR MARINE LIFE CONSERVATION ACT
16 § 1220. State applications for Liberty ships for use as off-
shore reefs—Conservation of marine life
(a) Any State may apply to the Secretary of Commerce (here-
after referred to in this chapter as the "Secretary") for Liberty
ships which, but for the operation of this chapter, would be desig-
nated by the Secretary for scrapping if the State intends to sink
such ships for use as an offshore artificial reef for the conserva-
tion of marine life.
Manner and form of applications; minimum requirements
(b) A State shall apply for Liberty ships under this chapter in
such manner and form as the Secretary shall prescribe, but such
application shall include at least (1) the location at which the
State proposes to sink the ships, (2) a certificate from the Admin-
istrator, Environmental Protection Agency, that the proposed use
of the particular vessel or vessels requested by the State will be
compatible with water quality standards and other appropriate
environmental protection requirements, and (3) statements and
estimates with respect to the conservation goals which are sought
to be achieved by use of the ships.
Copies to Federal officers for official comments and views
(c) Before taking any action with respect to an application
submitted under this chapter, the Secretary shall provide copies of
the application to the Secretary of the Interior, the Secretary of
Defense, and any other appropriate Federal officer, and shall con-
sider comments and views of such officers with respect to the
application.
Pub.L. 92-402, § 3, Aug. 22, 1972, 86 Stat. 618.
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COASTAL ZONE MANAGEMENT OF 1972
Sec.
1451. Congressional findings.
1452. Congressional declaration of policy.
1453. Definitions.
1454. Management development program grants.
(a) Authorization.
(b) Program requirements.
(c) Limits on grants.
(d) Submission of program for review and approval.
(e) Allocation of grants.
(f) Reversion of unobligated grants.
(g) Grants to other political subdivisions.
(h) Expiration date of grant authority.
1455. Administrative grants.
(a) Authorization.
(b) Allocation of grants.
(c) Program requirements.
(d) Required authority for management of coastal zone.
(e) Required findings.
(f) Allocation to other political subdivisions.
(g) Program modification.
(h) Segmental development.
1456. Interagency coordination and cooperation.
(a) Federal agencies.
(b) Adequate consideration of views of Federal agencies; mediation
of disagreements.
(c) Consistency of Federal activities with state management pro-
grams; certification.
(d) Applications of local governments for Federal assistance; rela-
tionship of activities with approved management programs.
(e) Construction with other laws.
(f) Construction with existing requirements of water and air pollu-
tion programs.
(g) Concurrence with programs which affect inland areas.
1457. Public hearings.
1458. Review of performance; termination of financial assistance.
1459. Records and audit.
1460. Coastal Zone Management Advisory Committee.
1461. Estuarine sanctuaries.
1462. Annual report.
1463. Rules and regulations.
1464. Authorization of appropriations.
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16 § 1451 EPA CURRENT LAWS—WATER
§ 1451. Congressional findings •
The Congress finds that—
(a) There is a national interest in the effective management,
beneficial use, protection, and development of the coastal zone;
(b) The coastal zone is rich in a variety of natural, commercial,
recreational, industrial, and esthetic resources of immediate and _
potential value to the present and future well-being of the Nation; •
(c) The increasing and competing demands upon the lands and
waters of our coastal zone occasioned by population growth and
economic development, including requirements for industry, com- •
merce, residential development, recreation, extraction of mineral ••
resources and fossil fuels, transportation and navigation, waste
disposal, and harvesting of fish, shellfish, and other living marine
resources, have resulted in the loss of living marine resources,
wildlife, nutrient-rich areas, permanent and adverse changes to
ecological systems, decreasing open space for public use, and
shoreline erosion;
(d) The coastal zone, and the fish, shellfish, other living marine
resources, and wildlife therein, are ecologically fragile and conse-
quently extremely vulnerable to destruction by man's alterations;
(e) Important ecological, cultural, historic, and esthetic values
in the coastal zone which are essential to the well-being of all
citizens are being irretrievably damaged or lost;
(f) Special natural and scenic characteristics are being dam-
aged by ill-planned development that threatens these values;
(g) In light of competing demands and the urgent need to pro- •
tect and to give high priority to natural systems in the coastal
zone, present state and local institutional arrangements for plan-
ning and regulating land and water uses in such areas are inade- •
quate; and ••
(h) The key to more effective protection and use of the land and
water resources of the coastal zone is to encourage the states to
exercise their full authority over the lands and waters in the
coastal zone by assisting the states, in cooperation with Federal
and local governments and other vitally affected interests, in de-
veloping land and water use programs for the coastal zone, includ-
ing unified policies, criteria, standards, methods, and processes for
dealing with land and water use decisions of more than local
significance.
Pub.L. 89-454, Title III, § 302, as added Pub.L. 92-583, Oct. 27,
1972, 86 Stat. 1280.
73 R.V.-Z2J
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COASTAL ZONE MANAGEMENT ACT 16 § 1452
§ 1452. Congressional declaration of policy
The Congress finds and declares that it is the national policy (a)
to preserve, protect, develop, and where possible, to restore or
enhance, the resources of the Nation's coastal zone for this and
succeeding generations, (b) to encourage and assist the states to
exercise effectively their responsibilities in the coastal zone
through the development and implementation of management pro-
grams to achieve wise use of the land and water resources of the
coastal zone giving full consideration to ecological, cultural, his-
toric, and esthetic values as well as to needs for economic develop-
ment, (c) for all Federal agencies engaged in programs affecting
the coastal zone to cooperate and participate with state and local
governments and regional agencies in effectuating the purposes of
this chapter, and (d) to encourage the participation of the public,
of Federal, state, and local governments and of regional agencies
in the development of coastal zone management programs. With
respect to implementation of such management programs, it is the
national policy to encourage cooperation among the various state
and regional agencies including establishment of interstate and
regional agreements, cooperative procedures, and joint action par-
ticularly regarding environmental problems.
Pub.L. 89-454, Title III, § 303, as added Pub.L. 92-583, Oct. 27,
1972, 86 Stat. 1281.
§ 1453. Definitions
For the purposes of this chapter—
(a) "Coastal zone" means the coastal waters (including the
lands therein and thereunder) and the adjacent shorelands (in-
cluding the waters therein and thereunder), strongly influenced by
each other and in proximity to the shorelines of the several coastal
states, and includes transitional and intertidal areas, salt marshes,
wetlands, and beaches. The zone extends, in Great Lakes waters,
to the international boundary between the United States and
Canada and, in other areas, seaward to the outer limit of the
United States territorial sea. The zone extends inland from the
shorelines only to the extent necessary to control shorelands, the
uses of which have a direct and significant impact on the coastal
waters. Excluded from the coastal zone are lands the use of which
is by law subject solely to the discretion of or which is held in
trust by the Federal Government, its officers or agents.
(b) "Coastal waters" means (1) in the Great Lakes area, the
waters within the territorial jurisdiction of the United States
consisting of the Great Lakes, their connecting waters, harbors,
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16 § 1453 EPA CURRENT LAWS—WATER
roadsteads, and estuary-type areas such as bays, shallows, and •
marshes and (2) in other areas, those waters, adjacent to the
shorelines, which contain a measurable quantity or percentage of •
sea water, including, but not limited to, sounds, bays, lagoons, II
bayous, ponds, and estuaries.
(c) "Coastal state" means a state of the United States in, or
bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of •
Mexico, Long Island Sound, or one or more of the Great Lakes. ™
For the purposes of this chapter, the term also includes Puerto
Rico, the Virgin Islands, Guam, and American Samoa. •
(d) "Estuary" means that part of a river or stream or other •
body of water having unimpaired connection with the open sea,
where the sea water is measurably diluted with fresh water de-
rived from land drainage. The term includes estuary-type areas of
the Great Lakes.
(e) "Estuarine-sanctuary" means a research area which may «
include any part or all of an estuary, adjoining transitional areas, •
and adjacent uplands, constituting to the extent feasible a natural
unit, set aside to provide scientists and students the opportunity to
examine over a period of time the ecological relationships within •
the area. •
(f) "Secretary" means the Secretary of Commerce.
(g) "Management program" includes, but is not limited to, a
comprehensive statement in words, maps, illustrations, or other
media of communication, prepared and adopted by the state in
accordance with the provisions of this chapter, setting forth objec-
tives, policies, and standards to guide public and private uses of
lands and waters in the coastal zone.
(h) "Water use" means activities which are conducted in or on
the water; but does not mean or include the establishment of any
water quality standard or criteria or the regulation of the dis-
charge or runoff of water pollutants except the standards, criteria,
or regulations which are incorporated in any program as required H
by the provisions of section 1456(f) of this title. B
(i) "Land use" means activities which are conducted in or on
the shorelands within the coastal zone, subject to the requirements •
outlined in section 1456(g) of this title. •
Pub.L. 89-454, Title III, § 304, as added Pub.L. 92-583, Oct. 27,
1972, 86 Stat. 1281.
§ 1454. Management development program grants—Authoriza-
tion
(a) The Secretary is authorized to make annual grants to any •
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COASTAL ZONE MANAGEMENT ACT 16 § 1454
coastal state for the purpose of assisting in the development of a
management program for the land and water resources of its
coastal zone.
Program requirements
(b) Such management program shall include:
(1) an identification of the boundaries of the coastal zone
subject to the management program;
(2) a definition of what shall constitute permissible land
and water uses within the coastal zone which have a direct
and significant impact on the coastal waters;
(3) an inventory and designation of areas of particular
concern within the coastal zone;
(4) an identification of the means by which the state pro-
poses to exert control over the land and water uses referred
to in paragraph (2) of this subsection, including a listing of
relevant constitutional provisions, legislative enactments, reg-
ulations, and judicial decisions;
(5) broad guidelines on priority of uses in particular areas,
including specifically those uses of lowest priority;
(6) a description of the organizational structure proposed
to implement the management program, including the respon-
sibilities and interrelationships of local, areawide, state, re-
gional, and interstate agencies in the management process.
Limits on grants
(c) The grants shall not exceed 66% per centum of the costs of
the program in any one year and no state shall be eligible to
receive more than three annual grants pursuant to this section.
Federal funds received from other sources shall not be used to
match such grants. In order to qualify for grants under this sec-
tion, the state must reasonably demonstrate to the satisfaction of
the Secretary that such grants will be used to develop a manage-
ment program consistent with the requirements set forth in sec-
tion 1455 of this title. After making the initial grant to a coastal
state, no subsequent grant shall be made under this section unless
the Secretary finds that the state is satisfactorily developing such
management program.
Submission of program for review and approval
(d) Upon completion of the development of the state's manage-
ment program, the state shall submit such program to the Secre-
tary for review and approval pursuant to the provisions of section
1455 of this title, or such other action as he deems necessary. On
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16 § 1454 EPA CURRENT LAWS—WATER
final approval of such program by the Secretary, the state's eligi- mi
bility for further grants under this section shall terminate, and
the state shall be eligible for grants under section 1455 of this
title.
Allocation of grants
(e) Grants under this section shall be allocated to the states
based on rules and regulations promulgated by the Secretary:
Provided, however, That no management program development
grant under this section shall be made in excess of 10 per centum
nor less than 1 per centum of the total amount appropriated to
carry out the purposes of this section.
Reversion of unobligated grants
(f) Grants or portions thereof not obligated by a state during
the fiscal year for which they were first authorized to be obligated
by the state, or during the fiscal year immediately following, shall
revert to the Secretary, and shall be added by him to the funds
available for grants under this section.
Grants to other political subdivisions
(g) With the approval of the Secretary, the state may allocate
to a local government, to an areawide agency designated under
section 3334 of Title 42, to a regional agency, or to an interstate
agency, a portion of the grant under this section, for the purpose
of carrying out the provisions of this section.
Expiration date of grant authority
(h) The authority to make grants under this section shall expire
on June 30,1977.
Pub.L. 89-454, Title III, § 305, as added Pub.L. 92-583, Oct. 27,
1972, 86 Stat. 1282.
§ 1455. Administrative grants—Authorization
(a) The Secretary is authorized to make annual grants to any
coastal state for not more than 66% per centum of the costs of
administering the state's management program, if he approves
such program in accordance with subsection (c) of this section.
Federal funds received from other sources shall not be used to pay
the state's share of costs.
Allocation of grants
(b) Such grants shall be allocated to the states with approved
programs based on rules and regulations promulgated by the Sec-
retary which shall take into account the extent and nature of the
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COASTAL ZONE MANAGEMENT ACT 16 § 1455
shoreline and area covered by the plan, population of the area, and
other relevant factors: Provided, however, That no annual admin-
istrative grant under this section shall be made in excess of 10 per
centum nor less than 1 per centum of the total amount appropri-
ated to carry out the purposes of this section.-
Program requirements
(c) Prior to granting approval of a management program sub-
mitted by a coastal state, the Secretary shall find that:
(1) The state has developed and adopted a management pro-
gram for its coastal zone in accordance with rules and regulations
promulgated by the Secretary, after notice, and with the opportu-
nity of full participation by relevant Federal agencies, state agen-
cies, local governments, regional organizations, port authorities,
and other interested parties, public and private, which is adequate
to carry out the purposes of this chapter and is consistent with the
policy declared in section 1452 of this title.
(2) The state has:
(A) coordinated its program with local, areawide, and in-
terstate plans applicable to areas within the coastal zone ex-
isting on January 1 of the year in which the state's manage-
ment program is submitted to the Secretary, which plans
have been developed by a local government, an areawide
agency designated pursuant to regulations established under
section 3334 of Title 42, a regional agency, or an interstate
agency; and
(B) established an effective mechanism for continuing con-
sultation and coordination between the management agency
designated pursuant to paragraph (5) of this subsection and
with local governments, interstate agencies, regional agencies,
and areawide agencies within the coastal zone to assure the
full participation of such local governments and agencies in
carrying out the purposes of this chapter.
(3) The state has held public hearings in the development of the
management program.
(4) The management program and any changes thereto have
been reviewed and approved by the Governor.
(5) The Governor of the state has designated a single agency to
receive and administer the grants for implementing the manage-
ment program required under paragraph (1) of this subsection.
(6) The state is organized to implement the management pro-
gram required under paragraph (1) of this subsection.
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16 § 1455 EPA CURRENT LAWS—WATER
(7) The state has the authorities necessary to implement the
program, including the authority required under subsection (d) of
this section.
(8) The management program provides for adequate considera-
tion of the national interest involved in the siting of facilities
necessary to meet requirements which are other than local in
nature.
(9) The management program makes provision for procedures
whereby specific areas may be designated for the purpose of pre-
serving or restoring them for their conservation, recreational,
ecological, or esthetic values.
Required authority for management of coastal zone
(d) Prior to granting approval of the management program, the
Secretary shall find that the state, acting through its chosen
agency or agencies, including local governments, areawide agen-
cies designated under section 3334 of Title 42, regional agencies,
or interstate agencies, has authority for the management of the
coastal zone in accordance with the management program. Such
authority shall include power—
(1) to administer land and water use regulations, control
development in order to ensure compliance with the manage-
ment program, and to resolve conflicts among competing uses;
and
(2) to acquire fee simple and less than fee simple interests
in lands, waters, and other property through condemnation or
other means when necessary to achieve conf ormance with the
management program.
Required findings
(e) Prior to granting approval, the Secretary shall also find that
the program provides:
(1) for any one or a combination of the following general
techniques for control of land and water uses within the
coastal zone;
(A) State establishment of criteria and standards for
local implementation, subject to administrative review
and enforcement of compliance;
(B) Direct state land and water use planning and reg-
ulation ; or
(C) State administrative review for consistency with
the management program of all development plans, proj-
ects, or land and water use regulations, including excep-
tions and variances thereto, proposed by any state or •
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COASTAL ZONE MANAGEMENT ACT 16 § 1455
local authority or private developer, with power to ap-
prove or disapprove after public notice and an opportu-
nity for hearings.
(2) for a method of assuring that local land and water use
regulations within the coastal zone do not unreasonably re-
strict or exclude land and water uses of regional benefit.
Allocation to other political subdivisions
(f) With the approval of the Secretary, a state may allocate to a
local government, an areawide agency designated under section
3334 of Title 42, a regional agency, or an interstate agency, a
portion of the grant under this section for the purpose of carrying
out the provisions of this section: Provided, That such allocation
shall not relieve the state of the responsibility for ensuring that
any funds so allocated are applied in furtherance of such state's
approved management program.
Program modification
(g) The state shall be authorized to amend the management
program. The modification shall be in accordance with the proce-
dures required under subsection (c) of this section. Any amend-
ment or modification of the program must be approved by the
Secretary before additional administrative grants are made to the
state under the program as amended.
Segmental development
(h) At the discretion of the state and with the approval of the
Secretary, a management program may be developed and adopted
in segments so that immediate attention may be devoted to those
areas within the coastal zone which most urgently need manage-
ment programs: Provided, That the state adequately provides for
the ultimate coordination of the various segments of the manage-
ment program into a single unified program and that the unified
program will be completed as soon as is reasonably practicable.
Pub.L. 89-454, Title III, § 306, as added Pub.L. 92-583, Oct. 27,
1972, 86 Stat. 1283.
§ 1456. Interagency coordination and cooperation—Federal
agencies
(a) In carrying out his functions and responsibilities under this
chapter, the Secretary shall consult with, cooperate with, and, to
the maximum extent practicable, coordinate his activities with
other interested Federal agencies.
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Adequate consideration of views of Federal agencies; jff
mediation of disagreements
(b) The Secretary shall not approve the management program •
submitted by a state pursuant to section 1455 of this title unless •
the views of Federal agencies principally affected by such program
have been adequately considered. In case of serious disagreement
between any Federal agency and the state in the development of
the program the Secretary, in cooperation with the executive
Office of the President, shall seek to mediate the differences.
Consistency of Federal activities with state management
programs; certification
(c) (1) Each Federal agency conducting or supporting activities
directly affecting the coastal zone shall conduct or support those
activities in a manner which is, to the maximum extent practica-
ble, consistent with approved state management programs.
(2) Any Federal agency which shall undertake any development
project in the coastal zone of a state shall insure that the project
is, to the maximum extent practicable, consistent with approved
state management programs.
(3) After final approval by the Secretary of a state's manage-
ment program, any applicant for a required Federal license or
permit to conduct an activity affecting land or water uses in the
coastal zone of that state shall provide in the application to the
licensing or permitting agency a certification that the proposed
activity complies with the state's approved program and that such
activity will be conducted in a manner consistent with the pro-
gram. At the same time, the applicant shall furnish to the state or
its designated agency a copy of the certification, with all necessary
information and data. Each coastal state shall establish proce-
dures for public notice in the case of all such certifications and, to
the extent it deems appropriate, procedures for public hearings in
connection therewith. At the earliest practicable time, the state or
its designated agency shall notify the Federal agency concerned
that the state concurs with or objects to the applicant's certifica-
tion. If the state or its designated agency fails to furnish the
required notification within six months after receipt of its copy of
the applicant's certification, the state's concurrence with the certi-
fication shall be conclusively presumed. No license or permit shall
be granted by the Federal agency until the state or its designated
agency has concurred with the applicant's certification or until, by
the state's failure to act, the concurrence is conclusively presumed,
unless the Secretary, on his own initiative or upon appeal by the _
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COASTAL ZONE MANAGEMENT ACT 16 § 1456
applicant, finds, after providing a reasonable opportunity for de-
tailed comments from the Federal agency involved and from the
state, that the activity is consistent with the objectives of this
chapter or is otherwise necessary in the interest of national secu-
rity.
Applications of local governments for Federal assistance; relationship
of activities with approved management programs
(d) State and local governments submitting applications for
Federal assistance under other Federal programs affecting the
coastal zone shall indicate the views of the appropriate state or
local agency as to the relationship of such activities to the ap-
proved management program for the coastal zone. Such applica-
tions shall be submitted and coordinated in accordance with the
provisions of title IV of the Intergovernmental Coordination Act
of 1968. Federal agencies shall not approve proposed projects that
are inconsistent with a coastal state's management program,
except upon a finding by the Secretary that such project is consist-
ent with the purposes of this chapter or necessary in the interest
of national security.
Construction with other laws
(e) Nothing in this chapter shall be construed—
(1) to diminish either Federal or state jurisdiction, respon-
sibility, or rights in the field of planning, development, or
control of water resources, submerged lands, or navigable
waters; nor to displace, supersede, limit, or modify any inter-
state compact or the jurisdiction or responsibility of any le-
gally established joint or common agency of two or more
states or of two or more states and the Federal Government;
nor to limit the authority of Congress to authorize and fund
projects;
(2) as superseding, modifying, or repealing existing laws
applicable to the various Federal agencies; nor to affect the
jurisdiction, powers, or prerogatives of the International
Joint Commission, United States and Canada, the Permanent
Engineering Board, and the United States operating entity or
entities established pursuant to the Columbia River Basin
Treaty, signed at Washington, January 17, 1961, or the Inter-
national Boundary and Water Commission, United States and
Mexico.
Construction with existing requirements of water and
air pollution programs
(f) Notwithstanding any other provision of this chapter, noth-
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ing in this chapter shall in any way affect any requirement (1) H
established by the Federal Water Pollution Control Act, as
amended, or the Clean Air Act, as amended, or (2) established by
the Federal Government or by any state or local government pur-
suant to such Acts. Such requirements shall be incorporated in
any program developed pursuant to this chapter and shall be the
water pollution control'and air pollution control requirements ap-
plicable to such program.
Concurrence with programs which affect inland areas
(g) When any state's coastal zone management program, sub- Hj
mitted for approval or proposed for modification pursuant to sec- H
tion 1455 of this title, includes requirements as to shorelands
which also would be subject to any Federally supported national mm
land use program which may be hereafter enacted, the Secretary, H
prior to approving such program, shall obtain the concurrence of
the Secretary of the Interior, or such other Federal official as may
be designated to administer the national land use program, with
respect to that portion of the coastal zone management program
affecting such inland areas.
Pub.L. 89-454, Title III, § 307, as added Pub.L. 92-583, Oct. 27,
1972, 86 Stat. 1285.
§ 1457. Public hearings
All public hearings required under this chapter must be an-
nounced at least thirty days prior to the hearing date. At the time
of the announcement, all agency materials pertinent to the hear-
ings, including documents, studies, and other data, must be made
available to the public for review and study. As similar materials
are subsequently developed, they shall be made available to the
public as they become available to the agency.
Pub.L. 89-454, Title III, § 308, as added Pub.L. 92-583, Oct. 27,
1972, 86 Stat. 1287.
§ 1458. Review of performance; termination of financial assist-
ance
(a) The Secretary shall conduct a continuing review of the
management programs of the coastal states and of the perform-
ance of each state.
(b) The Secretary shall have the authority to terminate any
financal assistance extended under section 1455 of this title and to mm
withdraw any unexpended portion of such assistance if (1) he H
determines that the state is failing to adhere to and is not justified
in deviating from the program approved by the Secretary; and
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COASTAL ZONE MANAGEMENT ACT 16 § 1458
(2) the state had been given notice of the proposed termination
and withdrawal and given an opportunity to present evidence of
adherence or justification for altering its program.
Pub.L. 89-454, Title III, § 309, as added Pub.L. 92-583, Oct. 27,
1972, 86 Stat. 1287.
§ 1459. Records and audit
(a) Each recipient of a grant under this chapter shall keep such
records as the Secretary shall prescribe, including records which
fully disclose the amount and disposition of the funds received
under the grant, the total cost of the project or undertaking sup-
plied by other sources, and such other records as will facilitate an
effective audit.
(b) The Secretary 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 recipient of the grant that
are pertinent to the determination that funds granted are used in
accordance with this chapter.
Pub.L. 89-454, Title III, § 310, as added Pub.L. 92-583, Oct. 27,
1972, 86 Stat. 1287.
§ 1460. Coastal Zone Management Advisory Committee
(a) The Secretary is authorized and directed to establish a
Coastal Zone Management Advisory Committee to advise, consult
with, and make recommendations to the Secretary on matters of
policy concerning the coastal zone. Such committee shall be com-
posed of not more than fifteen persons designated by the Secretary
and shall perform such functions and operate in such a manner as
the Secretary may direct. The Secretary shall insure that the
committee membership as a group possesses a broad range of
experience and knowledge relating to problems involving manage-
ment, use, conservation, protection, and development of coastal
zone resources.
(b) Members of the committee who are not regular full-time
employees of the United States, while serving on the business of
the committee, including traveltime, may receive compensation at
rates not exceeding $100 per diem; and while so serving away
from their homes or regular places of business may be allowed
travel expenses, including per diem in lieu of subsistence, as au-
thorized by section 5703 of Title 5, for individuals in the Govern-
ment service employed intermittently.
Pub.L. 89-454, Title III, § 311, as added Pub.L. 92-583, Oct. 27,
1972, 86 Stat. 1287.
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16 § 1461 EPA CURRENT LAWS—WATER
§ 1461. Estuarine sanctuaries H
The Secretary, in accordance with rules and regulations promul-
gated by him, is authorized to make available to a coastal state _
grants of up to 50 per centum of the costs of acquisition, develop- •
ment, and operation of estuarine sanctuaries for the purpose of ^
creating natural field laboratories to gather data and make studies
of the natural and human processes occurring within the estuaries
of the coastal zone. The Federal share of the cost for each such
sanctuary shall not exceed $2,000,000. No Federal funds received
pursuant to section 1454 or 1455 of this title shall be used for the
purpose of this section.
Pub.L. 89-454, Title III, § 312, as added Pub.L. 92-583, Oct. 27,
1972, 86 Stat. 1288.
§ 1462. Annual report
(a) The Secretary shall prepare and submit to the President for
transmittal to the Congress not later than November 1 of each
year a report on the administration of this chapter for the preced-
ing fiscal year. The report shall include but not be restricted to (1)
an identification of the state programs approved pursuant to this
chapter during the preceding Federal fiscal year and a description
of those programs; (2) a listing of the states participating in the
provisions of this chapter and a description of the status of each
state's programs and its accomplishments during the preceding
Federal fiscal year; (3) an itemization of the allocation of funds
to the various coastal states and a breakdown of the major proj-
ects and areas on which these funds were expended; (4) an
identification of any state programs which have been reviewed and
disapproved or with respect to which grants have been terminated
under this chapter, and a statement of the reasons for such M
action; (5) a listing of all activities and projects which, pursuant •
to the provisions of subsection (c) or subsection (d) of section
1456 of this title, are not consistent with an applicable approved
state management program; (6) a summary of the regulations H
issued by the Secretary or in effect during the preceding Federal •
fiscal year; (7) a summary of a coordinated national strategy and
program for the Nation's coastal zone including identification and
discussion of Federal, regional, state, and local responsibilities and
functions therein; (8) a summary of outstanding problems arising
in the administration of this chapter in order of priority; and (9) «
such other information as may be appropriate. H
(b) The report required by subsection (a) of this section shall
contain such recommendations for additional legislation as the ^
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COASTAL ZONE MANAGEMENT ACT 16 § 1462
Secretary deems necessary to achieve the objectives of this chap-
ter and enhance its effective operation.
Pub.L. 89-454, Title III, § 313, as added Pub.L. 92-583, Oct. 27,
1972, 86 Stat. 1288.
§ 1463. Rules and regulations
The Secretary shall develop and promulgate, pursuant to section
553 of Title 5, after notice and opportunity for full participation
by relevant Federal agencies, state agencies, local governments,
regional organizations, port authorities, and other interested par-
ties, both public and private, such rules and regulations as may be
necessary to carry out the provisions of this chapter.
Pub.L. 89-454, Title III, § 314, as added Pub.L. 92-583, Oct. 27,
1972, 86 Stat. 1288.
§ 1464. Authorization of appropriations
(a) There are authorized to be appropriated—
(1) the sum of $9,000,000 for the fiscal year ending June
30, 1973, and for each of the fiscal years 1974 through 1977
for grants under section 1454 of this title, to remain available
until expended;
(2) such sums, not to exceed $30,000,000, for the fiscal year
ending June 30, 1974, and for each of the fiscal years 1975
through 1977, as may be necessary, for grants under section
1455 of this title to remain available until expended; and
(3) such sums, not to exceed $6,000,000 for the fiscal year
ending June 30, 1974, as may be necessary, for grants under
section 1461 of this title, to remain available until expended.
(b) There are also authorized to be appropriated such sums, not
to exceed $3,000,000, for fiscal year 1973 and for each of the four
succeeding fiscal years, as may be necessary for administrative
expenses incident to the administration of this chapter.
Pub.L. 89-454, Title III, § 315, as added Pub.L. 92-583, Oct. 27,
1972, 86 Stat. 1289.
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MARINE PROTECTION RESEARCH AND
SANCTUARIES ACT
Sec.
1401. Congressional finding, policy, and declaration of purpose.
1402. Definitions.
SUBCHAPTER I—REGULATION
1411. Prohibited acts,
1412. Dumping permit program.
(a) Environmental Protection Agency permits.
(b) Permit categories.
(c) Sites and times for dumping.
(d) Fish wastes,
1413. Dumping permit program for dredged material.
(a) Insurance by Secretary of the Army.
(b) Independent determination of need for dumping, other methods
of disposal, and appropriate locations.
(c) Disagreement of Administrator with determination of Secre-
tary of the Army,
(d) Waiver of requirements.
(e) Federal projects involving dredged material.
1414. Permit conditions.
(a) Designated and included conditions.
(b) Permit processing fees; reporting requirements.
(c) General permits.
(d) Review.
(e) Information for review and evaluation of applications.
(f) Public information.
(g) Display of issued permits.
1415. Penalties.
(a) Assessment of civil penalty by Administrator; remission or
mitigation; court action for appropriate relief.
(b) Criminal penalties.
(c) Separate offenses.
(d) Injunctive relief.
(e) Liability of vessels in rem.
(f) Revocation and suspension of permits.
(g) Civil suits by private persons.
(h) Emergencies.
1416. Voiding of pre-existing licenses; impairment of navigation; consistent
State programs; existing conservation program not affected.
1417. Enforcement.
(a) Utilization of other departments, agencies, and instrumentalities,
(b) Delegation of review and evaluation authority.
(c) Surveillance and other enforcement activity.
73 Rev.-237
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33 § 1401 EPA CURRENT LAWS—WATER
Sec.
1418. Regulations.
1419. International cooperation.
1420. Authorization of appropriations.
1421. Annual report to Congress.
SUBCHAPTEB II—RESEARCH
1441. Monitoring and research program; reports to Congress.
1442. Research program respecting possible long-range effects of pollution,
overfishing, and man-induced changes of ocean ecosystems.
(a) Secretary of Commerce.
(b) Action with other nations.
(c) Annual report to Congress.
(d) Cooperation of other departments, agencies, and independent
instrumentalities.
(e) Utilization of personnel, services, and facilities; interagency
agreements.
1443. Cooperation with public authorities, agencies, and institutions, private
agencies and institutions, and individuals.
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1444. Authorization of appropriations.
§ 1401. Congressional finding, policy, and declaration of pur-
pose
(a) Unregulated dumping of material into ocean waters endan-
gers human health, welfare, and amenities, and the marine envi-
ronment, ecological systems, and economic potentialities.
(b) The Congress declares that it is the policy of the United
States to regulate the dumping of all types of materials into ocean
waters and to prevent or strictly limit the dumping into ocean ^_
waters of any material which would adversely affect human •
health, welfare, or amenities, or the marine environment, ecologi- ™
cal systems, or economic potentialities.
To this end, it is the purpose of this chapter to regulate the •
transportation of material from the United States for dumping •
into ocean waters, and the dumping of material, transported from
outside the United States, if the dumping occurs in ocean waters
over which the United States has jurisdiction or over which it
may exercise control, under accepted princip'es of international
law, in order to protect its territory or territorial sea. ^
Pub.L. 92-532, § 2, Oct. 23,1972, 86 Stat. 1052. •
§ 1402. Definitions
For the purposes of this chapter the term— fl|
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MARINE PROTECTION ACT 33 § 1402
(a) "Administrator" means the Administrator of the Environ-
mental Protection Agency.
(b) "Ocean waters" means those waters of the open seas lying
seaward of the base line from which the territorial sea is measured,
as provided for in the Convention on the Territorial Sea and the
Contiguous Zone (15 UST 1606; TIAS 5639).
(c) "Material" means matter of any kind or description, includ-
ing, but not limited to, dredged material, solid waste, incinerator,
residue, garbage, sewage, sewage sludge, munitions, radiological,
chemical, and biological warfare agents, radioactive materials,
chemicals, biological and laboratory waste, wreck or discarded
equipment, rock, sand, excavation debris, and industrial, municipal,
agricultural, and other waste; but such term does not mean oil
within the meaning of section 11 of the Federal Water Pollution
Control Act and does not mean sewage from vessels within the
meaning of section 13 of such Act.
(d) "United States" includes the several States, the District of
Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the
territories and possessions of the United States, and the Trust
Territory of the Pacific Islands.
(e) "Person" means any private person or entity, or any officer,
employee, agent, department, agency, or instrumentality of the
Federal Government, of any State or local unit of government, or
of any foreign government.
(f) "Dumping" means a disposition of material: Provided, That
it does not mean a disposition of any effluent from any outfall
structure to the extent that such disposition is regulated under the
provisions of the Federal Water Pollution Control Act, under the
provisions of section 407 of this title, or under the provisions of
the Atomic Energy Act of 1954, nor does it mean a routine dis-
charge of effluent incidental to the propulsion of, or operation of
motor-driven equipment on, vessels: Provided further, That it does
not mean the construction of any fixed structure or artificial island
nor the intentional placement of any device in ocean waters or on
or in the submerged land beneath such waters, for a purpose other
than disposal, when such construction or such placement is other-
wise regulated by Federal or State law or occurs pursuant to an
authorized Federal or State program: And provided further, That
it does not include the deposit of oyster shells, or other materials
when such deposit is made for the purpose of developing, main-
taining, or harvesting fisheries resources and is otherwise regu-
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33 § 1402 EPA CURRENT LAWS—WATER
lated by Federal or State law or occurs pursuant to an authorized •
Federal or State program.
(g) "District court of the United States" includes the District _
Court of Guam, the District Court of the Virgin Islands, the Dis- •
trict Court of Puerto Rico, the District Court of the Canal Zone, ™
and in the case of American Samoa and the Trust Territory of the
Pacific Islands, the District Court of the United States for the
District of Hawaii, which court shall have jurisdiction over actions
arising therein.
(h) "Secretary" means the Secretary of the Army.
(i) "Dredged material" means any material excavated or
dredged from the navigable waters of the United States.
(j) "High-level radioactive waste" means the aqueous waste
resulting from the operation of the first cycle solvent extraction
system, or equivalent, and the concentrated waste from subsequent
extraction cycles, or equivalent, in a facility for reprocessing _
irradiated reactor fuels, or irradiated fuel from nuclear power •
reactors. ™
(k) "Transport" or "transportation" refers to the carriage and
related handling of any material by a vessel, or by any other H
vehicle, including aircraft. •
Pub.L. 92-532, § 3, Oct. 23,1972, 86 Stat. 1052.
SUBCHAPTER I—REGULATION
§ 1411. Prohibited acts
(a) No person shall transport from the United States any ra-
diological, chemical, or biological warfare agent or any high-level
radioactive waste, or except as may be authorized in a permit
issued under this subchapter, and subject to regulations issued
under section 1418 of this title by the Secretary of the Department
in which the Coast Guard is operating, any other material for the
purpose of dumping it into ocean waters. _
(b) No person shall dump any radiological, chemical, or biologi- •
cal warfare agent or any high-level radioactive waste, or, except
as may be authorized in a permit issued under this subchapter,
any other material, transported from any location outside the •
United States, (1) into the territorial sea of the United States, or •
(2) into a zone contiguous to the territorial sea of the United
States, extending to a line twelve nautical miles seaward from the
base line from which the breadth of the territorial sea is measured,
to the extent that it may affect the territorial sea or the territory
of the United States. _
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MARINE PROTECTION ACT 33 § 1411
(c) No officer, employee, agent, department, agency, or instru-
mentality of the United States shall transport from any location
outside the United States any radiological, chemical, or biological
warfare agent or any high-level radioactive waste, or, except as
may be authorized in a permit issued under this subchapter, any
other material for the purpose of dumping it into ocean waters.
Pub.L. 92-532, Title I, § 101, Oct. 23, 1972, 86 Stat. 1053.
§ 1412. Dumping permit program—Environmental Protection
Agency permits
(a) Except in relation to dredged material, as provided for in
section 1413 of this title, and in relation to radiological, chemical,
and biological warfare agents and high-level radioactive waste, as
provided for in section 1411 of this title, the Administrator may
issue permits, after notice and opportunity for public hearings, for
the transportation from the United States or, in the case of an
agency or instrumentality of the United States, for the transporta-
tion from a location outside the United States, of material for the
purpose of dumping it into ocean waters, or for the dumping of
material into the waters described in section 1411 (b) of this title,
where the Administrator determines that such dumping will not
unreasonably degrade or endanger human health, welfare, or
amenities, or the marine environment, ecological systems, or eco-
nomic potentialities. The Administrator shall establish and apply
criteria for reviewing and evaluating such permit applications,
and, in establishing or revising such criteria, shall consider, but
not be limited in his consideration to, the followng:
(A) The need for the proposed dumping.
(B) The effect of such dumping on human health and wel-
fare, including economic, esthetic, and recreational values.
(C) The effect of such dumping on fisheries resources,
plankton, fish, shellfish, wildlife, shore lines and beaches.
(D) The effect of such dumping on marine ecosystems,
particularly with respect to—
(i) the transfer, concentration, and dispersion of such
material and its byproducts through biological, physical,
and chemical processes,
(ii) potential changes in marine ecosystem diversity,
productivity, and stability, and
(iii) species and community population dynamics.
(E) The persistence and permanence of the effects of the
dumping.
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33 § 1412 EPA CURRENT LAWS—WATER
(F) The effect of dumping particular volumes and concen- H
trations of such materials.
(G) Appropriate locations and methods of disposal or recy-
cling, including land-based alternatives and the probable •
impact of requiring use of such alternate locations or methods ^
upon considerations affecting the public interest.
(H) The effect on alternate uses of oceans, such as scien-
tine study, fishing, and other living resource exploitation, and
nonliving resource exploitation.
(I) In designating recommended sites, the Administrator M
shall utilize wherever feasible locations beyond the edge of •
the Continental Shelf.
In establishing or revising such criteria, the Administrator shall ^
consult with Federal, State, and local officials, and interested H
members of the general public, as may appear appropriate to the
Administrator. With respect to such criteria as may affect the
civil works program of the Department of the Army, the Adminis-
trator shall also consult with the Secretary. In reviewing applica-
tions for permits, the Administrator shall make such provision for
consultation with interested Federal and State agencies as he
deems useful or necessary. No permit shall be issued for a dump-
ing of material which will violate applicable water quality stand-
ards.
Permit categories
(b) The Administrator may establish and issue various categor-
ies of permits, including the general permits described in section •
1414(c) of this title. Jjj
Sites and times for dumping
(c) The Administrator may, considering the criteria established
pursuant to subsection (a) of this section, designate recommended
sites or times for dumping and, when he finds it necessary to
protect critical areas, shall, after consultation with the Secretary, jm
also designate sites or times within which certain materials may •
not be dumped.
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Fish wastes II
(d) No permit is required under this subchapter for the trans- •
portation for dumping or the dumping of fish wastes, except when
deposited in harbors or other protected or enclosed coastal waters, •
or where the Administrator finds that such deposits could endan- •
ger health, the environment or ecological systems in a specific
location. Where the Administrator makes such a finding, such
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MARINE PROTECTION ACT 33 § 1412
material may be deposited only as authorized by a permit issued
by the Administrator under this section.
Pub.L. 92-532, Title I, § 102, Oct. 23,1972, 86 Stat. 1054.
§ 1413. Dumping permit program for dredged material—Issu-
ance by Secretary of the Army
(a) Subject to the provisions of subsections (b), (c), and (d) of
this section, the Secretary may issue permits, after notice and
opportunity for public hearings, for the transportation of dredged
material for the purpose of dumping it into ocean waters, where
the Secretary determines that the dumping will not unreasonably
degrade or endanger human health, welfare, or amenities, or the
marine environment, ecological systems, or economic potentiali-
ties.
Independent determination of need for dumping, other methods
of disposal, and appropriate locations
(b) In making the determination required by subsection (a) of
this section, the Secretary shall apply those criteria, established
pursuant to section 1412(a) of this title, relating to the effects of
the dumping. Based upon an evaluation of the potential effect of a
permit denial on navigation, economic and industrial development,
and foreign and domestic commerce of the United States, the
Secretary shall make an independent determination as to the need
for the dumping. The Secretary shall also make an independent
determination as to other possible methods of disposal and as to
appropriate locations for the dumping. In considering appropriate
locations, he shall, to the extent feasible, utilize the recommended
sites designated by the Administrator pursuant to section 1412 (c)
of this title.
Disagreement of Administrator with determination of
Secretary of the Army
(c) Prior to issuing any permit under this section, the Secretary
shall first notify the Administrator of his intention to do so. In
any case in which the Administrator disagrees with the determi-
nation of the Secretary as to compliance with the criteria estab-
lished pursuant to section 1412(a) of this title relating to the
effects of the dumping or with the restrictions established pur-
suant to section 1412 (c) of this title relating to critical areas, the
determination of the Administrator shall prevail. Unless the Ad-
ministrator grants a waiver pursuant to subsection (d) of this
section, the Secretary shall not issue a permit which does not
comply with such criteria and with such restrictions.
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Waiver of requirements II
(d) If, in any case, the Secretary finds that, in the disposition of
dredged material, there is no economically feasible method or site
available other than a dumping site the utilization of which would
result in non-compliance with the criteria established pursuant to
section 1412(a) of this title relating to the effects of dumping or
with the restrictions established pursuant to section 1412 (c) of
this title relating to critical areas, he shall so certify and request a
waiver from the Administrator of the specific requirements in-
volved. Within thirty days of the receipt of the waiver request,
unless the Administrator finds that the dumping of the material
will result in an unacceptably adverse impact on municipal water
supplies, shell-fish beds, wildlife, fisheries (including spawning
and breeding areas), or recreational areas, he shall grant the
waiver.
Federal projects involving dredged material
(e) In connection with Federal projects involving dredged mate-
rial, the Secretary may, in lieu of the permit procedure, issue
regulations which will require the application to such projects of
the same criteria, other factors to be evaluated, the same proce-
dures, and the same requirements which apply to the issuance of
permits under subsections (a), (b), (c), and (d) of this section.
Pub.L. 92-532, Title I, § 103, Oct. 23, 1972, 86 Stat. 1055.
§ 1414. Permit conditions—Designated and included conditions
(a) Permits issued under this subchapter shall designate and
include (1) the type of material authorized to be transported for
dumping or to be dumped; (2) the amount of material authorized
to be transported for dumping or to be dumped; (3) the location •
where such transport for dumping will be terminated or where •
such dumping will occur; (4) the length of time for which the
permits are valid and their expiration date; (5) any special provi- •
sions deemed necessary by the Administrator or the Secretary, as •
the case may be, after consultation with the Secretary of the
Department in which the Coast Guard is operating, for the moni-
toring and surveillance of the transportation or dumping; and (6)
such other matters as the Administrator or the Secretary, as the
case may be, deems appropriate.
Permit processing fees; reporting requirements
(b) The Administrator or the Secretary, as the case may be,
may prescribe such processing fees for permits and such reporting
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MARINE PROTECTION ACT 33 § 1414
requirements for actions taken pursuant to permits issued by him
under this subchapter as he deems appropriate.
General permits
(c) Consistent with the requirements of sections 1412 and 1413
of this title, but in lieu of a requirement for specific permits in
such case, the Administrator or the Secretary, as the case may be,
may issue general permits for the transportation for dumping, or
dumping, or both, of specified materials or classes of materials for
which he may issue permits, which he determines will have a
minimal adverse environmental impact.
Review
(d) Any permit issued under this subchapter shall be reviewed
periodically and, if appropriate, revised. The Administrator or the
Secretary, as the case may be, may limit or deny the issuance of
permits, or he may alter or revoke partially or entirely the terms
of permits issued by him under this subchapter, for the transpor-
tation for dumping, or for the dumping, or both, of specified mate-
rials or classes of materials, where he finds that such materials
cannot be dumped consistently with the criteria and other factors
required to be applied in evaluating the permit application. No
action shall be taken under this subsection unless the affected
person or permittee shall have been given notice and opportunity
for a hearing on such action as proposed.
Information for review and evaluation of applications
(e) The Administrator or the Secretary, as the case may be,
shall require an applicant for a permit under this subchapter to
provide such information as he may consider necessary to review
and evaluate such application.
Public information
(f) Information.received by the Administrator or the Secretary,
as the case may be, as a part of any application or in connection
with any permit granted under this subchapter shall be available
to the public as a matter of public record, at every stage of the
proceeding. The final determination of the Administrator or the
Secretary, as the case may be, shall be likewise available.
Display of issued permits
(g) A copy of any permit issued under this subchapter shall be
placed in a conspicuous place in the vessel which will be used for
the transportation or dumping authorized by such permit, and an
additional copy shall be furnished by the issuing official to the
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33 § 1414 EPA CURRENT LAWS—WATER
Secretary of the department in which the Coast Guard is operat-
ing, or its designee.
Pub.L. 92-532, Title I § 104, Oct. 23, 1972, 86 Stat. 1056.
§ 1415. Penalties—Assessment of civil penalty by Administra-
tor; remission or mitigation; court action for appropriate relief
(a) Any person who violates any provision of this subchapter,
or of the regulations promulgated under this subchapter, or a
permit issued under this subchapter shall be liable to a civil pen-
alty of not more than $50,000 for each violation to be assessed by
the Administrator. No penalty shall be assessed until the person
charged shall have been given notice and an opportunity for a
hearing of such violation. In determining the amount of the pen-
alty, the gravity of the violation, prior violations, and the demon-
strated good faith of the person charged in attempting to achieve
rapid compliance after notification of a violation shall be consid-
ered by said Administrator. For good cause shown, the Adminis-
trator may remit or mitigate such penalty. Upon failure of the
offending party to pay the penalty, the Administrator may request
the Attorney General to commence an action in the appropriate
district court of the United States for such relief as may be appro-
priate.
Criminal penalties
(b) In addition to any action which may be brought under
subsection (a) of this section, a person who knowingly violates
this subchapter, regulations promulgated under this subchapter,
or a permit issued under this subchapter shall be fined not more
than $50,000, or imprisoned for not more than one year, or both.
Separate offenses
(c) For the purpose of imposing civil penalties and criminal
fines under this section, each day of a continuing violation shall
constitute a separate offense as shall the dumping from each of
several vessels, or other sources.
Injunctive relief ^H
(d) The Attorney General or his delegate may bring actions for •
equitable relief to enjoin an imminent or continuing violation of
this subchapter, of regulations promulgated under this subchapter, M
or of permits issued under this subchapter, and the district courts H
of the United States shall have jurisdiction to grant such relief as
the equities of the case may require. _
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MARINE PROTECTION ACT 33 § 1415
Liability of vessels in rem
(e) A vessel, except a public vessel within the meaning of sec-
tion 13 of the Federal Water Pollution Control Act, used in a
violation, shall be liable in rem for any civil penalty assessed or
criminal fine imposed and may be proceeded against in any district
court of the United States having jurisdiction thereof; but no
vessel shall be liable unless it shall appear that one or more of the
owners, or bareboat charterers, was at the time of the violation a
consenting party or privy to such violation.
Revocation and suspension of permits
(f) If the provisions of any permit issued under section 1412 or
1413 of this title are violated, the Administrator or the Secretary,
as the case may be, may revoke the permit or may suspend the
permit for a specified period of time. No permit shall be revoked
or suspended unless the permittee shall have been given notice and
opportunity for a hearing on such violation and proposed suspen-
sion or revocation.
Civil suits by private persons
(g) (1) Except as provided in paragraph (.2) of this subsection
any person may commence a civil suit on his own behalf to enjoin
any person, including the United States and any other governmen-
tal instrumentality or agency (to the extent permitted by the
eleventh amendment to the Constitution), and who is alleged to be
in violation of any prohibition, limitation, criterion, or permit
established or issued by or under this subchapter. The district
courts shall have jurisdiction, without regard to the amount in
controversy or the citizenship of the parties, to enforce such pro-
hibition, limitation, criterion, or permit, as the case may be.
(2) No action may be commenced—
(A) prior to sixty days after notice of the violation has
been given to the Administrator or to the Secretary, and to
any alleged violator of the prohibition, limitation, criterion,
or permit; or
(B) if the Attorney General has commenced and is dili-
gently prosecuting a civil action in a court of the United
States to require compliance with the prohibition, limitation,
criterion, or permit; or
(C) if the Administrator has commenced action to impose a
penalty pursuant to subsection (a) of this section, or if the
Administrator, or the Secretary, has initiated permit revoca-
tion or suspension proceedings under subsection (f) of this
section; or
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33 § 1415 EPA CURRENT LAWS—WATER
(D) if the United States has commenced and is diligently •
prosecuting a criminal action in a court of the United States
or a State to redress a violation of this subchapter.
(3) (A) Any suit under this subsection may be brought in the
judicial district in which the violation occurs.
(B) In any such suit under this subsection in which the United
States is not a party, the Attorney General, at the request of the
Administrator or Secretary, may intervene on behalf of the Un-
ited States as a matter of right.
(4) The court, in issuing any final order in any suit brought H
pursuant to paragraph (1) of this subsection may award costs of
litigation (including reasonable attorney and expert witness fees)
to any party, whenever the court determines such award is appro- H
priate. ••
(5) The injunctive relief provided by this subsection shall not
restrict any right which any person (or class of persons) may
have under any statute or common law to seek enforcement of any
standard or limitation or to seek any other relief (including relief
against the Administrator, the Secretary, or a State agency).
Emergencies
(h) No person shall be subject to a civil penalty or to a criminal
fine or imprisonment for dumping materials from a vessel if such
materials are dumped in an emergency to safeguard life at sea.
Any such emergency dumping shall be reported to the Administra-
tor under such conditions as he may prescribe.
Pub.L. 92-532, Title I, § 105, Oct. 23, 1972, 86 Stat. 1057.
§ 1416. Voiding of pre-existing licenses; impairment of naviga-
tion; consistent State programs; existing conservation program
not affected
(a) After the effective date of this subchapter, all licenses,
permits, and authorizations other than those issued pursuant to —
this subchapter shall be void and of no legal effect, to the extent •
that they purport to authorize any activity regulated by this sub- ™
chapter, and whether issued before or after the effective date of
this subchapter. flj
(b) The provisions of subsection (a) of this section shall not *i
apply to actions taken before the effective date of this subchapter
under the authority of the Rivers and Harbors Act of 1899. •
(c) Prior to issuing any permit under this subchapter, if it •§
appears to the Administrator that the disposition of material,
other than dredged material, may adversely affect navigation in
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MARINE PROTECTION ACT 33 § 1416
the territorial sea of the United States, or in the approaches to
any harbor of the United States, or may create an artificial island
on the Outer Continental Shelf, the Administrator shall consult
with the Secretary and no permit shall be issued if the Secretary
determines that navigation will be unreasonably impaired.
(d) After the effective date of this subchapter, no State shall
adopt or enforce any rule or regulation relating to any activity
regulated by this subchapter. Any State may, however, propose to
the Administrator criteria relating to the dumping of materials
into ocean waters within its jurisdiction, or into other ocean wa-
ters to the extent that such dumping may affect waters within the
jurisdiction of such State, and if the Administrator determines,
after notice and opportunity for hearing, that the proposed cri-
teria are not inconsistent with the purposes of this subchapter,
may adopt those criteria and may issue regulations to implement
such criteria. Such determination shall be made by the Adminis-
trator within one hundred and twenty days of receipt of the pro-
posed criteria. For the purposes of this subsection, the term
"State" means any State, interstate or regional authority, Federal
territory or Commonwealth or the District of Columbia.
(e) Nothing in this subchapter shall be deemed to affect in any
manner or to any extent any provision of the Fish and Wildlife
Coordination Act.
Pub.L. 92-532, Title I, § 106, Oct. 23,1972, 86 Stat. 1058.
§ 1417. Enforcement—Utilization of other departments, agen-
cies, and instrumentalities
(a) The Administrator or the Secretary, as the case may be,
may, whenever appropriate, utilize by agreement, the personnel,
services and facilities of other Federal departments, agencies, and
instrumentalities, or State agencies or instrumentalities, whether
on a reimbursable or a nonreimbursable basis, in carrying out his
responsibilities under this subchapter.
Delegation of review and evaluation authority
(b) The Administrator or the Secretary may delegate responsi-
bility and authority for reviewing and evaluating permit applica-
tions, including the decision as to whether a permit will be issued,
to an officer of his agency, or he may delegate, by agreement, such
responsibility and authority to the heads of other Federal depart-
ments or agencies, whether on a reimbursable or nonreimbursable
basis.
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33 § 1417 EPA CURRENT LAWS—WATER
Surveillance and other enforcement activity gp
(c) The Secretary of the department in which the Coast Guard
is operating shall conduct surveillance and other appropriate en-
forcement activity to prevent unlawful transportation of material
for dumping:, or unlawful dumping. Such enforcement activity
shall include, but not be limited to, enforcement of regulations
issued by him pursuant to section 1418 of this title, relating to
safe transportation, handling, carriage, storage, and stowage. The
Secretary of the Department in which the Coast Guard is operat-
ing shall supply to the Administrator and to the Attorney Gen- •
eral, as appropriate, such information of enforcement activities H
and such evidentiary material assembled as they may require in
carrying out their duties relative to penalty assessments, criminal mM
prosecutions, or other actions involving litigation pursuant to the •
provisions of this subchapter.
Pub.L. 92-532, Title I, § 107, Oct. 23,1972, 86 Stat 1059.
§ 1418. Regulations
In carrying out the responsibilities and authority conferred by
this subchapter, the Administrator, the Secretary, and the Secre-
tary of the department in which the Coast Guard is operating are
authorized to issue such regulations as they may deem appropri-
ate.
Pub.L. 92-532, Title I, § 108, Oct. 23, 1972, 86 Stat. 1059.
§ 1419. International cooperation
The Secretary of State, in consultation with the Administrator,
shall seek effective international action and cooperation to insure
protection of the marine environment, and may, for this purpose,
formulate, present, or support specific proposals in the United
Nations and other competent international organizations for the
development of appropriate international rules and regulations in
support of the policy of this chapter. II
Pub.L. 92-532, Title I, § 109, Oct. 23,1972, 86 Stat. 1060. •
§ 1420. Authorization of appropriations ••
There are hereby authorized to be appropriated not to exceed ||
$3,600,000 for fiscal year 1973, and not to exceed $5,500,000 for
fiscal year 1974, for the purposes and administration of this sub-
chapter, and for succeeding fiscal years only such sums as the
Congress may authorize by law.
Pub.L. 92-532, Title I, § 111, Oct. 23, 1972, 86 Stat. 1060. mm
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MARINE PROTECTION ACT 33 § 1421
§ 1421. Annual report to Congress
The Administrator shall report annually, on or before June 30
of each year, with the first report to be made on or before June 30,
1973 to the Congress, on his administration of this subchapter,
including recommendations for additional legislation if deemed
necessary.
Pub.L. 92-532, Title I, § 112, Oct. 23,1972, 86 Stat. 1060.
SUBCHAPTER II—RESEARCH
§ 1441. Monitoring and research program; reports to Congress
The Secretary of Commerce, in coordination with the Secretary
of the Department in which the Coast Guard is operating and with
the Administrator shall, within six months of October 23, 1972,
initiate a comprehensive and continuing program of monitoring
and research regarding the effects of the dumping of material into
ocean waters or other coastal waters where the tide ebbs and flows
or into the Great Lakes or their connecting waters and shall re-
port from time to time, not less frequently than annually, his
findings (including an evaluation of the short-term ecological ef-
fects and the social and economic factors involved) to the Con-
gress.
Pub.L. 92-532, Title II, § 201, Oct. 23,1972, 86 Stat. 1060.
§ 1442. Research program respecting possible long-range ef-
fects of pollution, overfishing, and man-induced changes of ocean
ecosystems—Secretary of Commerce
(a) The Secretary of Commerce, in consultation with other
appropriate Federal departments, agencies, and instrumentalities
shall, within six months of October 23, 1972, initiate a comprehen-
sive and continuing program of research with respect to the possi-
ble long-range effects of pollution, overfishing, and man-induced
changes of ocean ecosystems. In carrying out such research, the
Secretary of Commerce shall take into account such factors as
existing and proposed international policies affecting oceanic prob-
lems, economic considerations involved in both the protection and
the use of the oceans, possible alternatives to existing programs,
and ways in which the health of the oceans may best be preserved
for the benefit of succeeding generations of mankind.
Action with other nations
(b) In carrying out his responsibilities under this section, the
Secretary of Commerce, under the foreign policy guidance of the
President and pursuant to international agreements and treaties
made by the President with the advice and consent of the Senate,
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33 § 1442 EPA CURRENT LAWS—WATER
may act alone or in conjunction with any other nation or group of
nations, and shall make known the results of his activities by such
channels of communication as may appear appropriate.
Annual report to Congress
(c) In January of each year, the Secretary of Commerce shall
report to the Congress on the results of activities undertaken by
him pursuant to this section during the previous fiscal year. H
Cooperation of other departments, agencies, and
independent instrumentalities ^^
(d) Each department, agency, and independent instrumentality •
of the Federal Government is authorized and directed to cooperate ^
with the Secretary of Commerce in carrying out the purposes of
this section and, to the extent permitted by law, to furnish such
information as may be requested.
Utilization of personnel, services, and facilities; inter-agency agreements
(e) The Secretary of Commerce, in carrying out his responsibil-
ities under this section, shall, to the extent feasible utilize the
personnel, services, and facilities of other Federal departments,
agencies, and instrumentalities (including those of the Coast
Guard for monitoring purposes), and is authorized to enter into
appropriate inter-agency agreements to accomplish this action.
Pub.L. 92-532, Title II, § 202, Oct. 23,1972, 86 Stat. 1060.
§ 1443. Cooperation with public authorities, agencies, and in-
stitutions, private agencies and institutions, and individuals
The Secretary of Commerce shall conduct and encourage, coop- mm
erate with, and render financial and other assistance to appropri- •
ate public (whether Federal, State, interstate, or local) authori-
ties, agencies, and institutions, private agencies and institutions,
and individuals in the conduct of, and to promote the coordination
of, research, investigations, experiments, training, demonstra-
tions, surveys, and studies for the purpose of determining means
of minimizing or ending all dumping of materials within five years •
of the effective date of this Act. ||
Pub.L. 92-532, Title II, § 203, Oct. 23,1972, 86 Stat. 1061.
§ 1444. Authorization of appropriations
There are authorized to be appropriated for the first fiscal year
after October 23, 1972, and for the next two fiscal years thereafter
such sums as may be necessary to carry out this subchapter, but mm
the sums appropriated for any such fiscal year may not exceed •
$6,000,000. mM
Pub.L. 92-532, Title II, § 204, Oct. 23,1972, 86 Stat. 1061.
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EPA CURRENT LAWS—WATER
2. Executive Orders
2.1 E.0.11490, Assigning of Emergency Preparedness Functions to Federal
Departments and Agencies, October 30, 1969, 34 Fed. Reg. 17567 (1969).
2.2 E.O. 11507, Prevention, Control, and Abatement of Air and Water
Pollution at Federal Facilities, February 5,1970,35 Fed. Reg. 2573 (1970).
2.3 E.O. 11514, Protection and Enhancement of the Environment, March 5,
1970, 35 Fed. Reg. 4247 (1970).
2.4 E.O. 11548, Delegative Functions of the President Under the Federal
Water Pollution Control Act, as amended, July 20, 1970, 35 Fed. Reg.
11677 (1970).
2.5 E.O. 11574, Administration of the Refuse Act Permit Programs,
December 23, 1970, 35 Fed. Reg. 19627 (1970).
2.6 E.O. 11575, Administration of the Disaster Relief Act of 1970, December
31, 1970, 36 Fed. Reg. 37 (1970).
2.7 E.O. 11578, Ohio River Basin Commission, January 13,1971,36 Fed. Reg.
683 (1971).
2.8 E.O. 11613, Membership of Environmental Protection Agency on
Established River Basin Commissions, August 2,1971,36 Fed. Reg. 14299
(1971).
2.9 E.O. 11331, Establishment of the Pacific Northwest River Basins
Commission, March 6,1967,32 Fed. Reg. 3875, as amended by E.O. 11613,
Aug. 2, 1971, 36 Fed. Reg. 14299 (1971).
2.10 E.O. 11345, Establishment of the Great Lakes Basin Commission, April
20,1967,32 Fed. Reg. 6329, as amended by E.O. 11613, Aug. 2,1971,36 Fed.
Reg. 14299; E.O. 11646, Feb. 8, 1972, 37 Fed. Reg. 2925 (1972).
2.11 E.O. 11359, Establishment of the Souris-Red-Rainy River Basins
Commission, June 20,1967, 32 Fed. Reg. 8851, as amended by E.O. 11613,
Aug. 2, 1971, 36 Fed. Reg. 14299; E.O. 11635, Dec. 9, 1971, 36 Fed. Reg.
23615 (1971).
2.12 E.O. 11371, Establishment of the New England River Basins
Commission, September 6,1967, 32 Fed. Reg. 12903, as amended by E.O.
11528, Apr. 24, 1970, 35 Fed. Reg. 6695; E.O. 11613, Aug. 2, 1971, 36 Fed.
Reg. 14299 (1971).
2.13 E.O. 11658, Establishment of the Missouri River Basin Commission,
March 22, 1972, 37 Fed. Reg. 6045.
2.14 E.O. 11659, Establishment of the Upper Mississippi River Basin
Commission, March 22, 1972, 37 Fed. Reg. 6047.
2.15 E.O. 11659, Change in Boundaries of New England River Basins
Commission, March 14, 1973, 38 Fed. Reg. 6877 (1973).
2.16 E.O. 11735, Assignment of Functions Under Section 311 of the Federal
Water Pollution Control Act, as amended, August 7, 1973, 38 Fed. Reg.
21243 (1973).
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2.17 E.O. 11737, Enlargement of the Upper Mississippi River Basin Com-
mission, September 11, 1973, 38 Fed. Reg. 24883 (1973).
2.18 E.O. 11738, Providing for Administration of the Clean Air Act and the
Federal Water Pollution Control Act with Respect to Federal Contracts,
Grants, or Loans, September 12, 1973, 38 Fed. Reg. 25161 (1973).
2.19 E.O. 11742, Delegating to the Secretary of State Certain Functions with
Respect to the Negotiation of International Agreements Relating to the
Enhancement of the Environment, October 25,1973, 38 Fed. Reg. 29457
(1973).
2.20 E.O. 11747, Delegating Certain Authority of the President Under the
Water Resources Planning Act, as Amended, November 9,1973, 38 Fed.
Reg. 30993 (1973).
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EXECUTIVE ORDER 11490
EPA CURRENT LAWS—WATER
2.1 E.G. 11490, Assigning of Emergency Preparedness Functions
• to Federal Departments and Agencies, Oct. 30, 1969, 34 Fed.
Reg. 17567.
— [See, "General 2.2", for text]
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EXECUTIVE ORDER NO. 11507
Feb. 4,1970, 35 F.R. 2573
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 U.S.C. 1857) [section 1857 et seq.
of this title], the Federal Water Pollution Control Act, as amended
(33 U.S.C. 466) [section 466 et seq. of Title 33, Navigation and
Navigable Waters], and the National Environmental Policy Act
of 1969 (Public Law No. 91-190, approved January 1, 1970)
[this chapter], it is ordered as follows:
H Section 1. Policy. It is the intent of this order that the Federal
Government in the design, operation, and maintenance of its facili-
ties shall provide leadership in the nationwide effort to protect
• and enhance 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
pollution control and the Secretary of the Interior in matters per-
taining 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
respectively the quality standards and related plans of implemen-
tation, 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
HI order.
(e) The term "performance specifications" shall mean permis-
• sible limits of emissions, discharges, or other values applicable to
a particular Federal facility that would, as a minimum, provide
for conformance with air and water quality standards as denned
• herein.
(f) The term "United States" shall mean the fifty States, the
District of Columbia, the Commonwealth of Puerto Rico, the
Virgin Islands, and Guam.
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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 stand-
ards set forth in section 4 of this order are met on a continuing
basis.
(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 con-
trol.
(3) Consult with the respective Secretary concerning the best
techniques and methods available for the protection and enhance-
ment 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 juris-
diction are in conformity with this order. In the preparation of
such procedures there shall be timely and appropriate consulta-
tion with the respective Secretary. IB
(b) The respective Secretary shall provide leadership in imple- Bi
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. H
(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.
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Sec. 4. Standards, (a) Heads of agencies shall ensure that all
facilities under their jurisdiction are designed, operated, and mm
maintained so as to meet the following requirements: H
(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
geographical area, Federal facilities in that area shall conform to
the standards established pursuant to subsection (b) of this sec-
tion. Federal facilities shall also conform to the performance speci-
fications 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 dis-
posal 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 satisfactory disposal of such wastes, in-
eluding:
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E.G. 11507 § 4
(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 Fed-
eral 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 oper-
ator qualifications and performance, for the use of heads of
agencies.
(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
appropriate, preventive measure shall be taken to entrap spillage
or discharge or otherwise to prevent accidental pollution. Each
agency, in consultation with the respective Secretary, shall estab-
lish appropriate 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 Fed-
eral Radiation Council as published in the FEDERAL REGISTER.
(b) In those cases where there are no air or water quality
standards as defined in section 2(d) of this order in force for a
particular geographic 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 estab-
lishing air or water quality standards for the purpose of this order,
including related schedules for implementation.
(c) The heads of agencies, in consultation with the respective
Secretary, may from time to time identify facilities or uses thereof
which are to be exempted, including temporary relief, from pro-
visions of this order in the interest of national security or in extra-
ordinary cases where it is in the national interest. Such exemp-
tions shall be reviewed periodically by the respective Secretary
and the heads of the agencies concerned. A report on exemptions
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§ 4 EPA CURRENT LAWS—WATER
granted shall be submitted to the Council on Environmental Qual- H
ity periodically. ™
Sec. 5. Procedures for abatement of air and water pollution at ••
existing 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 enforcement conference called pursuant to law
or air and water quality standards 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 jm
Director of the Bureau of the Budget by June 30, 1970, a plan to WM
provide for such improvements as may be necessary to meet the
required date. Subsequent revisions needed to keep any such plan
up-to-date shall be promptly submitted to the Director of the
Bureau of the Budget.
(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 perform-
ance 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) As may be found necessary, heads of agencies may submit
requests to the Director of the Bureau of the Budget for exten-
sions of time for a project beyond the time specified in section
5(a). The Director, 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 subsections 4(a) and (b). Full justification as to
the extraordinary circumstances 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
preventive measures necessary to meet the requirements of sub-
section (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 considered at the earliest possible stage of planning for
new facilities.
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E.G. 11507 § 6
(b) A request for funds to defray the cost of designing and
constructing 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 require-
ments 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 performance 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 qual-
ity 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 the authorization or construction of any Federal water
resources project in the United States. The Secretary of the In-
terior 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, construc-
tion, and operation of the project.
(b) The report of the Secretary of the Interior shall accompany
at the earliest practicable stage any report proposing authoriza-
tion 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 authoriza-
tion, construction, or funding of the project without such an ac-
companying report. In such a case, the head of the agency
concerned shall explicitly state in his request or report concerning
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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
inconsistent 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 II
force and effect until amended, modified, or terminated by proper •§
authority.
Sec. 9. Orders superseded. Executive Order No. 11282 of May •
26, 1966, and Executive Order No. 11288 of July 2, 1966, are here- •
by superseded.
RICHARD NIXON
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EXECUTIVE ORDER 11514
Mar. 5,1970, 35 F. R. 4247
PROTECTION AND ENHANCEMENT OF ENVIRONMENT QUALITY
By virtue of the authority vested in me as President of the
United States and in furtherance of the purpose and policy of the
National Environmental Policy Act of 1969 (Public Law No.
91-190, approved January 1, 1970), it is ordered as follows:
Section 1. Policy. The Federal Government shall provide
leadership in protecting and enhancing the quality of the Nation's
environment to sustain and enrich human life. Federal agencies
shall initiate measures needed to direct their policies, plans and
programs so as to meet national environmental goals. The Council
on Environmental Quality, through the Chairman, shall advise and
assist the President in leading this national effort.
Sec. 2. Responsibilities of Federal agencies. Consonant with
Title I of the National Environmental Policy Act of 1969, here-
after referred to as the "Act", the heads of Federal agencies shall:
(a) Monitor, evaluate, and control on a continuing basis their
agencies' activities so as to protect and enhance the quality of the
environment. Such activities shall include those directed to con-
trolling pollution and enhancing the environment and those de-
signed to accomplish other program objectives which may affect
the quality of the environment. Agencies shall develop programs
and measures to protect and enhance environmental quality and
shall assess progress in meeting the specific objectives of such
activities. Heads of agencies shall consult with appropriate Fed-
eral, State and local agencies in carrying out their activities as
they affect the quality of the environment.
(b) Develop procedures to ensure the fullest practicable pro-
vision of timely public information and understanding of Federal
plans and programs with environmental impact in order to obtain
the views of interested parties. These procedures shall include,
whenever appropriate, provision for public hearings, and shall
provide the public with relevant information, including informa-
tion on alternative courses of action. Federal agencies shall also
encourage State and local agencies to adopt similar procedures
for informing the public concerning their activities affecting the
quality of the environment.
(c) Insure that information regarding existing or potential
environmental problems and control methods developed as part of
research, development, demonstration, test, or evaluation activities
is made available to Federal agencies, States, counties, munici-
palities, institutions, and other entities, as appropriate.
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(d) Review their agencies' statutory authority, administrative
regulations, policies, and procedures, including those relating to
loans, grants, contracts, leases, licenses, or permits, in order to
identify any deficiencies or inconsistencies therein which prohibit H|
or limit full compliance with the purposes and provisions of the •!
Act. A report on this review and the corrective actions taken or
planned, including such measures to be proposed to the President tm
as may be necessary to bring their authority and policies into H
conformance with the intent, purposes, and procedures of the Act,
shall be provided to the Council on Environmental Quality not
later than September 1, 1970. •
(e) Engage in exchange of data and research results, and ™
cooperate with agencies of other governments to foster the pur-
poses of the Act.
(f) Proceed, in coordination with other agencies, with actions
required by section 102 of the Act.
Sec. 3. Responsibilities of Council on Environmental Quality. •
The Council on Environmental Quality shall: Hi
(a) Evaluate existing and proposed policies and activities of the
Federal Government directed to the control of pollution and the
enhancement of the environment and to the accomplishment of
other objectives which affect the quality of the environment. This
shall include continuing review of procedures employed in the
development and enforcement of Federal standards affecting en-
vironmental quality. Based upon such evaluations the Council shall,
where appropriate, recommend to the President policies and pro-
grams to achieve more effective protection and enhancement of
environmental quality and shall, where appropriate, seek resolu-
tion of significant environmental issues.
(b) Recommend to the President and to the agencies priorities
among programs designed for the control of pollution and for en-
hancement of the environment.
(c) Determine the need for new policies and programs for deal-
ing with environmental problems not being adequately addressed.
(d) Conduct, as it determines to be appropriate, public hearings
or conferences on issues of environmental significance.
(e) Promote the development and use of indices and monitoring
systems (1) to assess environmental conditions and trends, (2) to
predict the environmental impact of proposed public and private
actions, and (3) to determine the effectiveness of programs for
protecting and enhancing environmental quality.
(f) Coordinate Federal programs related to environmental
quality. _
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E.G. 11514 § 3
(g) Advise and assist the President and the agencies in achiev-
ing international cooperation for dealing with environmental
problems, under the foreign policy guidance of the Secretary of
State.
(h) Issue guidelines to Federal agencies for the preparation of
detailed statements on proposals for legislation and other Federal
actions affecting the environment, as required by section 102(2)
(C) of the Act.
(i) Issue such other instructions to agencies, and request such
reports and other information from them, as may be required to
carry out the Council's responsibilities under the Act.
(j) Assist the President in preparing the annual Environ-
mental Quality Report provided for in section 201 of the Act.
(k) Foster investigations, studies, surveys, research, and anal-
yses relating to (i) ecological systems and environmental quality,
(ii) the impact of new and changing technologies thereon, and
(iii) means of preventing or reducing adverse effects from such
technologies.
Sec. 4. Amendments of E.G. 11472. Executive Order No. 11472
of May 29,1969, including the heading thereof, is hereby amended:
(1) By substituting for the term "the Environmental Quality
Council", wherever it occurs, the following: "the Cabinet Commit-
tee on the Environment".
(2) By substituting for the term "the Council", wherever it
occurs, the following: "the Cabinet Committee".
(3) By inserting in subsection (f) of section 101, after
"Budget,", the following: "the Director of the Office of Science
and Technology,".
(4) By substituting for subsection (g) of section 101 the fol-
lowing :
"(g) The Chairman of the Council on Environmental Quality
(established by Public Law 91-190) shall assist the President in
directing the affairs of the Cabinet Committee."
(5) By deleting subsection (c) of section 102.
(6) By substituting for "the Office of Science and»Technology",
in section 104, the following: "the Council on Environmental Qual-
ity (established by Public Law 91-190)".
(7) By substituting for "(hereinafter referred to as the 'Com-
mittee')", in section 201, the following: "(hereinafter referred to
as the 'Citizens' Committee')".
(8) By substituting for the term "the Committee", wherever it
occurs, the following: "the Citizens' Committee".
RICHARD NIXON
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EXECUTIVE ORDER 11548
July 20,1970, 35 F. R. 11677
DELEGATING FUNCTIONS OF THE PRESIDENT UNDER THE
FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED
By virtue of the authority vested in me by the Federal Water
Pollution Control Act (62 Stat. 1155, as amended, 33 U.S.C. 466
et seq.) as amended by the Water Quality Improvement Act of
1970 (Public Law 91-224, approved Apr. 3, 1970), hereinafter re-
ferred to as the Act, by section 301 of title 3 of the United States
Code, and as President of the United States, it is ordered as
follows:
Section 1. Delegations to the Secretary of the Interior. There
is hereby delegated to the Secretary of the Interior responsibility
and authority
(a) to carry out the provisions of subsection (1) (2) of section
5 of the Act, relating to the study and investigation of methods to
control the release of pesticides into the environment, including
the preparation of a report on such investigation for submission
by the President to the Congress;
(b) in consultation with the Secretary of Transportation, to
carry out the provisions of subsections (b) (2) and (b) (3) of sec-
tion 11 of the Act, relating to the determination of those quantities
of oil the discharge of which, at such times, locations, circum-
stances, and conditions, will be harmful to the public health or wel-
fare of the United States and those which will not be harmful ;
(c) to carry out the provisions of subsection (c) (2) (G) of sec-
tion 11 of the Act, relating to identification of dispersants and
other chemicals to be used;
(d) to carry out the provisions of subsection (e) of section 11
of the Act, relating to determinations of imminent and substantial
threat because of actual or threatened discharge of oil, and relat-
ing to securing relief necessary to abate such actual or threatened
discharges through court action;
(e) in consultation with the Secretary of Transportation, to
carry out the provisions of subsections (j) (1) (C) of section 11
of the Act, relating to procedures, methods, and requirements for
equipment to prevent discharges of oil from non-transportation-
related onshore and offshore facilities;
(f) to carry out the provisions of subsection (a) (1) of section
12 of the Act, relating to the designation of hazardous substances,
other than oil, which when discharged into or upon the navigable
waters of the United States or adjoining shorelines or waters of
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the continguous zone, present an imminent and substantial danger H
to public health or welfare;
(g) in consultation with the Secretary of Transportation, to
carry out the provisions of subsection (a) (2) of section 12 of the H
Act, relating to the establishment of recommended methods for the •
removal of hazardous substances within the meaning of subsection
(a) (1) of section 12 of the Act. •
Sec. 2, Delegations to the Secretary of Transportation. There
is hereby delegated to the Secretary of Transportation responsi-
bility and authority
(a) in consultation with the Secretary of the Interior, to carry
out the provisions of subsection (j) (1) (C) of section 11 of the
Act, relating to procedures, methods and requirements for equip-
ment to prevent discharges of oil from vessels and transportation-
related onshore and offshore facilities;
(b) to carry out the provisions of subsection (j)(l)(D) of
section 11 of the Act, relating to the inspection of vessels carrying
cargoes of oil and the inspection of such cargoes;
(c) to administer the revolving fund established pursuant to
subsection (k) of section 11 of the Act;
(d) to carry out the provisions of subsection (m) of section 11
of the Act, relating to the boarding and inspection of vessels, the
arrest of persons violating the said section 11, and the execution
of warrants or other process;
(e) in consultation with the Secretary of the Interior, to carry
out the provisions of subsection (g) of section 12 of the Act, in-
eluding the preparation .of a report for submission by the Presi-
dent to the Congress.
Sec. 3. Delegations to the Federal Maritime Commission, (a)
There is hereby delegated to the Federal Maritime Commission
responsibility and authority
(1) to carry out the provisions of subsection (p) (1) of section
11 of the Act, relating to the issuance of regulations governing evi-
dence of financial responsibility for vessels to meet liability to the
United States;
(2) to carry out the provisions of subsection (p) (2) of section
11 of the Act, relating to the administration of the said subsection
(P).
(b) Without derogating from any action heretofore taken there-
under, the letter of the President to the Chairman of the Federal
Maritime Commission dated June 2,1970 (35 F.R. 8631), is hereby
superseded.
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E.G. 11548 § 4
Sec. 4. Delegation to the Council on Environmental Quality.
(a) There is hereby delegated to the Council on Environmental
Quality the responsibility and authority to carry out the provisions
of subsection (c) (2) of section 11 of the Act, providing for the
preparation, publication, revision or amendment of a National
Contingency Plan for the removal of oil (hereinafter referred to
as the National Contingency Plan).
(b) Without derogating from any action heretofore taken there-
under, the letter of the President to the Chairman of the Council
on Environmental Quality dated May 26, 1970 (35 F.R. 8423), is
hereby superseded.
Sec. 5. Other delegations, (a) There is hereby delegated to the
Secretary of the Interior and to the Secretary of Transportation,
respectively, in and for the waters and areas assigned to each in
section 306.2 of the National Contingency Plan (35 F.R. 8511)
responsibility and authority
(1) to carry out the provisions of subsection (c) (1) of section
11 of the Act, relating to the removal of oil discharged into or
upon the navigable waters of the United States, adjoining shore-
lines, or into or upon the waters of the United States;
(2) to carry out the provisions of subsection (d) of section 11
of the Act, relating to the coordination and direction of removal or
elimination of the threat of oil discharges, and the removal and
destruction of vessels;
(3) to carry out the provisions of subsection (j) (1) (A) of sec-
tion 11 of the Act, relating to methods and procedures for the re-
moval of discharged oil;
(4) to carry out the provisions of subsection (j) (1) (B) of sec-
tion 11 of the Act, relating to criteria for the development and
implementation of local and regional oil removal contingency
plans;
(5) to carry out the provisions of subsection (d) of section 12
of the Act, relating to the removal of discharged hazardous sub-
stances.
(b) The civil penalty authority of section 11 (j) (2) of the Act
shall be exercised by the Secretary of the Interior and the Secre-
tary of Transportation for the enforcement of the respective regu-
lations issued by each pursuant to delegations in this order.
Sec. 6. Agency To Receive Notices of Discharges of Oil or
Hazardous Substances. The Coast Guard is hereby designated the
"appropriate agency" for the purpose of receiving the notice of
discharge of oil required by subsection (b) (4) of section 11 of the
Act and for the purpose of receiving the notice of discharge of any
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§ 6 EPA CURRENT LAWS—WATER
hazardous substance required by subsection (c) of section 12 of H
the Act. The Commandant of the Coast Guard shall issue regula- "
tions implementing this designation.
Sec. 7. Redelegation authority. Secretaries of Departments and H
heads of agencies are hereby authorized to redelegate within their ™
respective departments or agencies the responsibilities and author-
ity delegated to them by this order, subject to the requirements of II
3 U.S.C. 301. •
Sec. 8. Regulations. Authority to carry out any of the fore-
going responsibilities includes the authority to issue necessary H
implementing regulations. •
Sec. 9. Reorganization Plan No. 3 of 1970. Upon the taking _
effect of Reorganization Plan No. 3 of 1970, the responsibility and •
authority conferred upon the Secretary of Interior by this order, ™
including the authority conferred by reason of his designation in
the National Contingency Plan, and including the responsibility to
consult with other officers, shall vest in the Administrator of the
Environmental Protection Agency: Provided, that the Adminis-
trator shall thereafter consult with the Secretary of the Interior
regarding the responsibility and authority delegated by section
l(a) of this order and officers who by this order are required to
consult with the Secretary of Interior shall consult with the Ad-
ministrator of the Environmental Protection Agency. •
RICHARD NIXON
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EXECUTIVE ORDER 11574
Dec. 23, 1970, 35 F. R. 19627
ADMINISTRATION OF REFUSE ACT PERMIT PROGRAM
By virtue of the authority vested in me as President of the
United States, and in furtherance of the purposes and policies of
section 13 of the Act of March 3, 1899, c. 425, 30 Stat. 1152 (33
U.S.C. 407), the Federal Water Pollution Control Act, as amended
(33 U.S.C. 1151 et. seq), the Fish and Wildlife Coordination Act,
as amended (16 U.S.C. 661-666c), and the National Environmen-
tal Policy Act of 1969 (42 U.S.C. 4321-4347), it is hereby ordered
as follows:
Section 1. Refuse Act permit program. The executive branch
of the Federal Government shall implement a permit program
under the aforesaid section 13 of the Act of March 3, 1899 (here-
inafter referred to as "the Act") to regulate the discharge of pol-
• lutants and other refuse matter into the navigable waters of the
United States or their tributaries and the placing of such matter
upon their banks.
Sec. 2. Responsibilities of Federal agencies, (a) (1) The Secre-
tary shall, after consultation with the Administrator respecting
water quality matters, issue and amend, as appropriate, regula-
tions, procedures, and instructions for receiving, processing, and
evaluating applications for permits pursuant to the authority of
the Act.
(2) The Secretary shall be responsible for granting, denying,
• conditioning, revoking, or suspending Refuse Act permits. In so
doing:
(A) He shall accept findings, determinations, and interpreta-
tions which the Administrator shall make respecting applicable
water quality standards and compliance with those standards in
particular circumstances, including findings, determinations, and
interpretations arising from the Administrator's review of State
or interstate agency water quality certifications under section
21 (b) of the Federal Water Pollution Control Act (84 Stat. 108).
A permit shall be denied where the certification prescribed by sec-
tion 21 (b) of the Federal Water Pollution Control Act has been
denied, or where issuance would be inconsistent with any finding,
determination, or interpretation of the Administrator pertaining
to applicable water quality standards and considerations.
(B) In addition, he shall consider factors, othor than water
quality, which are prescribed by or may be lawfully considered
under the Act or other pertinent laws.
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(3) The Secretary shall consult with the Secretary of the Inte- Hj
rior, with the Secretary of Commerce, with the Administrator, Hi
and with the head of the agency exercising administration over
the wildlife resources of any affected State, regarding effects on H
fish and wildlife which are not reflected in water quality consid- H
erations, where the discharge for which a permit is sought im-
pounds, diverts, deepens the channel, or otherwise controls or _
similarly modifies the stream or body of water into which the dis- H
charge is made. ^"
(4) Where appropriate for a particular permit application, the
Secretary shall perform such consultations respecting environmen-
tal amenities and values, other than those specifically referred to
in paragraphs (2) and (3) above, as may be required by the Na-
tional Environmental Policy Act of 1969.
(b) The Attorney General shall conduct the legal proceedings
necessary to enforce the Act and permits issued pursuant to it.
Sec. 3. Coordination by Council on Environmental Quality.
(a) The Council on Environmental Quality shall coordinate the
regulations, policies, and procedures of Federal agencies with
respect to the Refuse Act permit program.
(b) The Council on Environmental Quality, after consultation
with the Secretary, the Administrator, the Secretary of the Inte-
rior, the Secretary of Commerce, the Secretary of Agriculture, and
the Attorney General, shall from time to time or as directed by the
President advise the President respecting the implementation of
the Refuse Act permit program, including recommendations re-
garding any measures which should be taken to improve its admin- ^»
istration. Hj
Sec. 4. Definitions. As used in this order, the word "Secretary"
means the Secretary of the Army, and the word "Administrator" mm
means the Administrator of the Environmental Protection Agency. •
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EXECUTIVE ORDER 11575
Dec. 31,1970, 36 F. R. 37
PROVIDING FOR THE ADMINISTRATION OF THE
DISASTER RELIEF ACT OF 1970
By virtue of the authority vested in me by the Disaster Relief
Act of 1970, hereinafter referred to as the Act, and section 301 of
title 3 of the United States Code, and as President of the United
States, it is hereby ordered as follows:
Section 1. (a) The authorities vested in the President by sec-
tion 102(1) of the Act to declare a major disaster, by section 251
of the Act to provide for the restoration of Federal facilities, and
• by section 253 of the Act to prescribe time limits for granting
priorities for certain public facilities and certain public housing
assistance are reserved to the President.
|(b) Except as otherwise provided in subsections (a), (c), and
(d) of this section, the Director of the Office of Emergency Pre-
paredness is designated and empowered to exercise, without the
approval, ratification, or other action of the President, all of the
• authority vested in the President by the Act.
(c) The Secretary of Defense is designated and empowered to
exercise, without the approval, ratification, or other action of the
• President, all of the authority vested in the President by section
210 of the Act concerning the utilization and availability of the
civil defense communications system for the purpose of disaster
• warnings.
(d) The Secretary of Agriculture is designated and empowered
to exercise, without the approval, ratification, or other action of
• the President, all of the authority vested in the President by sec-
tion 238 of the Act concerning food coupons and surplus com-
modities.
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Sec. 2. The Director of the Office of Emergency Preparedness
may delegate to assign to the head of any agency of the executive
branch of the Government, subject to the consent of the agency
head concerned in each case, any authority or function delegated
or assigned to the Director by the provisions of this order. Any
such head of agency may redelegate any authority or function so
delegated or assigned to him by the Director to any officer or
employee subordinate to such head of agency whose appointment is
required to be made by and with the advice and consent of the
Senate.
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Sec. 3. Rules, regulations, procedures, and documents issued IB
under the authority of the Act of September 30, 1950 (64 Stat. •
1109) ; the Disaster Relief Act of 1966 (80 Stat. 1316); and the
Disater Relief Act of 1969 (83 Stat. 125) shall remain in effect for M
purposes of the Act unless otherwise modified, superseded, or re- H
voked by the appropriate Federal official, and, unless inappropri-
ate, all references in those rules, regulations, procedures, and docu-
ments or in any Executive order or other document to the Act of
September 30, 1950, the Disaster Relief Act of 1966, or the Dis-
aster Relief Act of 1969 shall be deemed to be references to the Act.
Sec. 4. In order to assure the most effective utilization of the
personnel, equipment, supplies, facilities, and other resources of
Federal agencies pursuant to the Act, agencies shall make and
maintain suitable plans and preparations in anticipation of their
responsibilities in the event of a major disaster. The Director of
the Office of Emergency Preparedness shall coordinate, on behalf
of the President, such plans and preparations. Iff
Sec. 5. Executive Order No. 10427 of January 16, 1953, Execu- •
tive Order No. 10737 of October 29, 1957, and Executive Order No.
11495 of November 18, 1969, are hereby revoked. Unless inappro-
priate, any reference to those Executive orders in any rule, regu-
lation, procedure, document, or other Executive order, shall be
deemed to be a reference to this Executive order. M
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EXECUTIVE ORDER 11578
Jan. 13,1971, 36 F. R. 683
ESTABLISHMENT OF THE OHIO RIVER BASIN COMMISSION
WHEREAS the Water Resources Planning Act (79 Stat. 244, 42
U.S.C. 1962 et seq.) provides for the establishment of river basin
water and related land resources commissions; and
WHEREAS the Governors of the States of the Ohio River drain-
age basin, excluding the Tennessee River drainage basin, and the
Water Resources Council have requested, or concurred in, the es-
tablishment of such a commission:
Now, THEREFORE, by virtue of the authority vested in me by sec-
tion 201 of the Water Resources Planning Act (42 U.S.C. 1962b),
and as President of the United States, it is ordered as follows:
Section 1. Ohio River Basin Commission. It is hereby declared
that the Ohio River Basin Commission is established under the
provisions of Title II of the Water Resources Planning Act (42
U.S.C. 1962be£se
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Pennsylvania, Tennessee, and West Virginia, and a member from flt
Virginia when authorized by the legislature of that State, and •
(4) one member from each interstate agency created by inter-
state compact to which the consent of Congress had been given mm
and whose jurisdiction extends to the waters of the area specified •
in section 2.
Sec. 4. Functions, Powers, and Duties. The Commission and its
officers, members, and employees shall perform and exercise, with
respect to the area specified in section 2 of this order, their respec-
tive functions, powers, and duties as set out in Title II of the ^
Water Resources Planning Act. H
Sec 5. Reporting to the President. The Chairman of the Com-
mission shall report to the President through the Water Resources mm,
Council. •
RICHARD NIXON
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EXECUTIVE ORDER 11613
Aug. 2,1971, 36 F. R. 14299
MEMBERSHIP OF ENVIRONMENT PROTECTION AGENCY
ON ESTABLISHED RIVER BASIN COMMISSIONS
By virtue of the authority vested in me by section 202 of the
Water Resources Planning Act (79 Stat. 247; 42 U.S.C. 1962
b—1) and as President of the United States, it is ordered as
follows:
Section 1. Section 3(2) of each of the following-described
Executive orders is amended by adding "Environmental Protection
Agency," immediately after "Department of Transportation,"—
(1) Executive Order No. 11331 of March 6, 1967, establishing
the Pacific Northwest River Basins Commissions;
(2) Executive Order No. 11345 of April 20, 1967, establishing
the Great Lakes Basin Commission;
(3) Executive Order No. 11359 of June 20, 1967, establishing
the Souris-Red-Rainy River Basins Commission; and
(4) Executive Order No. 11371 of September 6, 1967, establish-
ing the New England River Basins Commission, as amended by
Executive Order No. 11528 of April 24, 1970.
Sec. 2. The Administrator of the Environmental Protection
Agency shall appoint a member to each river basin commission to
serve as the representative of that Agency as soon as practicable
after the date of issuance of this Order.
RICHARD NIXON
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EXECUTIVE ORDER 11331
Mar. 6,1967, 32 F.R. 3875, as amended by E.0.11613, Aug. 2,1971,
36 P.R. 14299.
ESTABLISHMENT OF THE PACIFIC NORTHWEST RIVER
BASINS COMMISSION
WHEREAS the Water Resources Planning Act (hereinafter re-
ferred to as the Act, 79 Stat. 244, 42 U.S.C. 1962 et seq.) author-
izes the President to declare the establishment of a river basin
water and related land resources commission when a request for
such a commission is addressed in writing to the Water Resources
Council (hereinafter referred to as the Council) by the Governor
of a State within which all or part of the basin or basins concerned
are located and when such a request is concurred in by the Coun-
cil and by not less than one-half of the States within which por-
tions of the basin or basins concerned are located, and in the event
the Columbia River Basin is involved, by at least three of the four
States of Idaho, Montana, Oregon, and Washington; and
WHEREAS the Council, by resolution adopted November 14, 1966,
concurred in the requests of the Governors of the States of Oregon,
Washington, Idaho, Montana, and Wyoming; and did itself re-
quest that the President declare the establishment of the Pacific
Northwest River Basins Commission under the provisions of sec-
tion 201 of the Act; and
WHEREAS the requests of the Governors of the States of Oregon,
Washington, Idaho, Montana, and Wyoming, and the resolution of
the Council of November 14, 1966, satisfy the formal requirements
of section 201 of the Act; and
WHEREAS the Governors of the States of California, Nevada, and
Utah have been consulted in regard to small headwater areas in
these respective States that contribute small quantities of water to
or use small quantities of water from the area of jurisdiction of
the Commission; and
WHEREAS it appears that it would be in the public interest and in
keeping with the intent of Congress to declare the establishment of
such a Commission:
NOW, THEREFORE, by virtue of the authority vested in me by sec-
tion 201 of the Act, and as President of the United States, it is
ordered as follows:
Section 1. Pacific Northwest River Basins Commission. It is
hereby declared that the Pacific Northwest River Basins Commis-
sion is established under the provisions of Title II of the Act.
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Sec. 2. Jurisdiction of the Commission. It is hereby determined •
that the jurisdiction of the Pacific Northwest River Basins Com- •
mission referred to in section 1 of this order (hereinafter referred
to as the Commission) shall extend to the entire area of the State
of Washington ; the entire area of the State of Oregon, except that
drained by the Klamath River system, the Smith River system, and
that area draining into Goose Lake; and those portions of the ••
States of Idaho, Montana, and Wyoming lying within the Columbia •
River drainage, in accordance with the requests of the Governors
of Oregon, Washington, Idaho, Montana, and Wyoming, and in
accordance with the resolution of the Council. •
Sec. 3. Membership of the Commission. It is hereby deter-
mined that, in accordance with section 202 of the Act, the Commis-
sion shall consist of the following : H
(1) a Chairman to be appointed by the President,
(2) one member from each of the following Federal depart-
ments and agencies: Department of Agriculture, Department of fl
the Army, Department of Commerce, Department of Health, Edu- •
cation, and Welfare, Department of Housing and Urban Develop-
ment, Department of the Interior, Department of Transportation,
Environmental Protection Agency, and the Federal Power Com-
mission, such member to be appointed by the head of each depart-
ment or independent agency he represents,
(3) one member from each of the following States: Oregon,
Washington, Idaho, Montana, and Wyoming,
(4) one member from each interstate agency created by an
interstate compact to which the consent of Congress has been
given and whose jurisdiction extends to the waters of the area
specified in section 2, and
(5) the Chairman of the United States Entity for the Columbia
River Treaty.
Sec. 4. Functions to be performed. The Commission and its
Chairman, members, and employees are hereby, authorized to per-
form and exercise, with respect to the jurisdiction specified in sec-
tion 2 of this order, the functions, powers, and duties of such a
Commission and of such Chairman, members, and employees, re-
spectively as set out in Title II of the Act.
Sec. 5. Consultation with adjoining States. The Commission is
expected to provide for procedures for consultation with the States
of California, Nevada, and Utah on any member which might
affect the water and related land resources of the small headwater
drainages in each of these States that drain into the area of juris-
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E.G. 11331 § 5
diction or the Commission, and to give notice to these States of
meetings of the Commission.
Sec. 6. International Coordination. The Chairman of the Com-
mission is hereby authorized and directed to refer to the Council
any matters under consideration by the Commission which relate
to the areas of interest of jurisdiction of the International Joint
Commission, United States and Canada. The Council shall consult
on these matters as appropriate with the Department of State
and the International Joint Commission through its United States
Section for the purpose of enhancing international coordination.
Sec. 7. Reporting to the President. The Chairman of the Com-
mission shall report to the President through the Council.
LYNDON B. JOHNSON
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EXECUTIVE ORDER 11345
April 20,1967, 32 F.R. 6329, as amended by E.G. 11613, Aug. 2,1971,
36 F.R. 14299; E.G. 11646, Feb. 8,1972, 37 F.R. 2925.
ESTABLISHMENT OF THE GREAT LAKES BASIN COMMISSION
WHEREAS the Water Resources Planning Act (hereinafter re-
ferred to as the Act, 79 Stat. 244, 42 U.S.C. 1962 et seq.) author-
izes the President to declare the establishment of a river basin
water and related land resources commission when a request for
such a commission is addressed in writing to the Water Resources
Council (hereinafter referred to as the Council) by the Governor
of a State within which all or part of the basin or basins concerned
are located and when such a request is concurred in by the Coun-
cil and by not less than one-half of the States within which por-
tions of the basin or basins concerned are located; and
WHEREAS the Council, by resolution adopted March 7,1966, con-
curred in the requests of the Governors of the States of Indiana,
Michigan, Minnesota, Ohio, and Wisconsin, which have been con-
curred in by the Governors of Illinois, New York, and Penn-
sylvania; and did itself request that the President declared the
establishment of the Great Lakes Basin Commission under the
provisions of section 201 of the Act; and
WHEREAS the requests of the Governors of the States of Indiana,
Michigan, Minnesota, Ohio, and Wisconsin, and the resolution of
the Council of March 7, 1966, together with written concurrences
by the Governors of the States of Illinois, New York, and Penn-
sylvania, satisfy the formal requirements of section 201 of the
Act; and
WHEREAS it appears that it would be in the public interest and in
keeping with the intent of Congress to declare the establishment of
such a Commission:
Now, THEREFORE, by virtue of the authority vested in me by sec-
tion 201 of the Act, and as President of the United States, it is
ordered as follows :
Section 1. Great Lakes Basin Commission. It is hereby de-
clared that the Great Lakes Basin Commission is established under
the provisions of Title II of the Act.
Sec. 2. Jurisdiction of the Commission. It is hereby determined
that the jurisdiction of the Great Lakes Basin Commission re-
ferred to in section 1 of this order (hereinafter referred to as the
Commission) shall extend to those portions of the eight Great
Lakes States of Illinois, Indiana, Michigan, Minnesota, New York,
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Ohio, Pennsylvania, and Wisconsin that are drained by the St. H
Lawrence River system, including the Great Lakes, their tribu-
taries, and tributaries to the St. Lawrence River which reach that
river within the United States, in accordance with the requests of H
the Governors of Indiana, Michigan, Minnesota, Ohio, and Wiscon- mm
son, concurred in by the Governors of Illinois, New York, and
Pennsylvania, and in accordance with the resolution of the Council.
Sec. 3. Membership of the Commission. It is hereby deter-
mined that, in accordance with section 202 of the Act, the Commis-
sion shall consist of the following:
(1) a Chairman to be appointed by the President,
(2) one member from each of the following Federal depart-
ments and agencies: Department of State, Department of Agricul-
ture, Department of the Army, Department of Commerce, Depart-
ment of Health, Education, and Welfare, Department of Housing
and Urban Development, Department of the Interior, Department
of Justice, Department of Transportation, Environmental Protec-
tion Agency and the Federal Power Commission, such member to
be appointed by the head of each department or independent
agency he represents.
(3) one member from each of the following States: Illinois,
Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and
Wisconsin, and •
(4) one member from each interstate agency created by an •
interstate compact to which the consent of Congress has been
given and whose jurisdication extends to the waters of the area
specified in section 2. H
Sec. 4. Functions to be performed. The Commission and its
Chairman, members, and employees are hereby authorized to per- _
form and exercise, with respect to the jurisdiction specified in sec- •
tion 2 of this order, the functions, powers, and duties of such a
Commission and of such Chairman, members, and employees, re-
spectively, as set out in Title II of the Act.
Sec. 5. International coordination. The Council and the Depart-
ment of State shall consult as appropriate on matters under con- _
sideration by the commission which relate to the areas of interest H
and jurisdiction of the International Joint Commission, United •
States and Canada, and the Great Lakes Fishery Commission.
Sec. 6. Reporting to the President. The Chairman of the Com- •
mission shall report to the President through the Council.
LYNDON B. JOHNSON
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EXECUTIVE ORDER 11359
June 20,1967, 32 F.R. 8851, as amended by E.G. 11613, Aug. 2,1971,
36 F.R. 14299; E.G. 11635, Dec. 9.1971, 36 F.R. 23615.
ESTABLISHMENT OF THE SOURIS-RED-RAINY RIVER BASINS
COMMISSION
WHEREAS the Water Resources Planning Act (hereinafter re-
ferred to as the Act, 79 Stat. 244, 42 U.S.C. 1962 et seq.) author-
izes the President to declare the establishment of a river basin
water and related land resources commission when a request for
such a commission is addressed in writing to the Water Resources
Council (hereinafter referred to as the Council) by the Governor
of a State within which all or part of the basin or basins concerned
are located and when such a request is concurred in by the Coun-
cil and by not less than one-half of the States within which por-
tions of the basin or basins concerned are located; and
WHEREAS the Council, by resolution adopted December 28, 1966,
concurred in the requests of the Governors of the States of Minne-
sota and North Dakota to which the Governor of South Dakota
has given his concurrence, and did itself request that the Presi-
dent declare the establishment of the Souris-Red-Rainy River
Basin Commission under the provisions of section 201 of the
Act; and
WHEREAS the requests of the Governors of the States of Minne-
sota and North Dakota and the resolution of the Council of De-
cember 28, 1966, together with written concurrence by the
Governor of South Dakota, satisfy the formal requirements of
section 201 of the Act; and
WHEREAS the Governors of the States of Minnesota and North
Dakota have agreed to, and the Governor of South Dakota has
concurred in, conditions relating to consolidation and termination
of this Commission; and
WHEREAS the Governor of the State of Montana has been con-
sulted in regard to the small headwater area of the Souris River
Basin in Montana that contributes a small quantity of water to
the area of jurisdiction of the Commission; and
WHEREAS it appears that it would be in the public interest and in
keeping with the intent of Congress to declare the establishment of
such a Commission:
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Now, THEREFORE, by virtue of the authority vested in me by sec-
tion 201 of the Act, and as President of the United States, it is
ordered as follows:
Section 1. Souris-Red-Rainy River Basins Commission. It is
hereby declared that the Souris-Red-Rainy River Basins Commis-
sion is established under the provisions of Title II of the Act.
Sec. 2. Jurisdiction of the Commission. It is hereby determined
that the jurisdiction of the Souris-Red-Rainy River Basins Com-
mission referred to in section 1 of this order (hereinafter referred
to as the Commission) shall extend to those portions of the States
of Minnesota, North Dakota, and South Dakota that are drained by
the Souris-Red-Rainy Rivers system, in accordance with the re-
quests of the Governors of Minnesota and North Dakota, con-
curred in by the Governor of South Dakota, and in accordance
with the resolution of the Council.
Sec 3. Membership of the Commission. It is hereby determined
that, in accordance with section 202 of the Act [section 1962b-l
of the title 42] the Commission shall consist of the following:
(1) a Chairman to be appointed by the President,
(2) one member from each of the following Federal depart-
ments and agencies: Department of Agriculture, Department of
the Army, Department of Commerce, Department of Health, Edu-
cation, and Welfare, Department of Housing and Urban Develop-
ment, Department of the Interior, Department of Transportation,
Environmental Protection Agency, and the Federal Power Com-
mission, such member to be appointed by the head of each depart-
ment or independent agency he represents,
(3) one member from each of the following States: Minnesota,
North Dakota, and South Dakota, and
(4) one member from each interstate agency created by an in-
terstate compact to which the consent of Congress has been given
and whose jurisdiction extends to the waters of the area specified
in section 2.
Sec. 4. Functions to be performed. The Commission and its
Chairman, members, and employees are hereby authorized to per-
form and exercise, with respect to the jurisdiction specified in
section 2 of this order, the functions, powers, and duties of such a
Commission and of such Chairman, members, and employees,
respectively, as set out in Title II of the Act.
Sec. 5. Consultation with adjoining States. The Commission is
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expected to provide for procedures for consultation with the State
of Montana on any matter which might affect the water and re-
lated land resources of the small headwater drainage of the Souris
River Basin in Montana, and to give notice to Montana of meet-
ings of the Commission.
Sec. 6. International coordination. The Chairman of the Com-
mission is hereby authorized and directed to refer to the Council
any matters under consideration by the Commission which relate
to the areas of interest or jurisdiction of the International Joint
Commission, United States and Canada. The Council shall consult
of these matters as appropriate with the Department of State and
the International Joint Commission through its United States
Section for the purpose of enhancing international coordination.
Sec. 7. Termination. The Commission shall terminate on June
30,1973, unless, upon recommendation of both the Council and not
less than one-half the number of member States, this order is ex-
tended.
Sec. 8. Reporting to the President. The Chairman of the Com-
mission shall report to the President through the Council.
LYNDON B. JOHNSON
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EXECUTIVE ORDER 11371
Sept. 6,1967, 32 F.R. 12903, as amended by E.G. 11528, Apr. 24,1970,
35 F.R. 6695; E.G. 11613, Aug. 2,1971, 36 F.R. 14299.
ESTABLISHMENT OF THE NEW ENGLAND
RIVER BASINS COMMISSION
WHEREAS the Water Resources Planning Act (hereinafter re-
ferred to as the Act, 79 Stat. 244, 42 U.S.C. 1962 et seq.) author-
izes the President to declare the establishment of a river basin
water and related land resources commission when a request for
such a commission is addressed in writing to the Water Resources
Council (hereinafter referred to as the Council) by the Governor
of a State within which all or part of the basin or basins con-
cerned are located and when such a request is concurred in by the
Council and by not less than one-half of the States within which
portions of the basin or basins concerned are located; and
WHEREAS the Council, by resolution adopted October 14,
1965, concurred in the request of the Governor of the State of
Maine, as Chairman of the New England Governors' Conference,
and did itself request that the President declare the establishment
of the New England River Basins Commission under the provi-
sions of section 201 of the Act; and
WHEREAS the request of the Governor of the State of Maine
and the resolution of the Council of October 14, 1965, together
with written concurrences by the Governors of the States of
Maine, New Hampshire, Vermont, Massachusetts, Connecticut,
Rhode Island, and New York, satisfy the formal requirements of
section 201 of the Act; and
WHEREAS it appears that it would be in the public interest
and in keeping with the intent of Congress to declare the estab-
lishment of such a Commission:
Now, THEREFORE, by virtue of the authority vested in me
by section 201 of the Act, and as President of the United States, it
is ordered as follows:
Section 1. New England River Basins Commission. It is hereby
declared that the New England River Basins Commission is estab-
lished under the provisions of Title II of the Act.
Sec. 2. Jurisdiction of Commission, (a) It is hereby determined
that the jurisdiction of the New England River Basins Commis-
sion referred to in section 1 of this order (hereinafter referred to
as the Commission) shall extend to an area composed as follows:
(1) The State of Maine,
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(2) The State of New Hampshire,
(3) The State of Vermont, excluding that portion thereof which
is within the drainage area of the Hudson River and excluding
also that portion thereof which is within the drainage area of
Lake Champlain,
(4) The State of Massachusetts, excluding that portion thereof M
which is within the drainage area of the Hudson River, •
(5) The State of Connecticut,
(6) The State of Rhode Island,
(7) (i) That portion of the State of New York which is within I
the drainage area of the Housatonic River, and (ii) that portion ™
of Long Island (excluding New York City) in the State of New
York which is within the drainage area of Long Island Sound, and
(8) Long Island Sound except the portion thereof which lies
west of a line extended from the Connecticut-New York boundary
at the northern shore of the Sound to the New York City-Nassau M
County boundary at the southern shore of the Sound. •
(b) The determination set forth in subsection (a) of this sec-
tion is made in accordance with the request of the Commission,
and is concurred in by the Water Resources Council and by the •
Governors of the States within the jurisdiction of the Commission. ™
Sec. 3. Membership of the Commission. It is hereby determined,
in accordance with section 202 of the Act [section 1962b-l of this
title], that the Commission shall consist of the following:
(1) a Chairman to be appointed by the President,
(2) one member from each of the following Federal depart- M
ments and agencies: Department of Agriculture, Department of H
the Army, Department of Commerce, Department of Health, Edu-
cation, and Welfare, Department of Housing and Urban Develop-
ment, Department of the Interior, Department of Transportation, •
Environmental Protection Agency, Atomic Energy Commission, •
and Federal Power Commission, each such member to be ap-
pointed by the head of each department or independent agency he
represents,
(3) one member from each of the following States: Maine, New
Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island,
and New York, and
(4) one member from each interstate agency created by an in-
terstate compact to which the consent of Congress has been given ^m
and whose jurisdiction extends to the waters of the area specified •
in section 2.
Sec. 4. Functions to be performed. The Commission and its
Chairman, members, and employees are hereby authorized to per- H
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form and exercise, with respect to the jurisdiction specified in
section 2 of this order, the functions, powers, and duties of such a
Commission and of such Chairman, members, and employees,
respectively, as set out in Title II of the Act.
Sec. 5. International coordination. The Chairman of the Com-
mission is hereby authorized and directed to refer to the Council
any matters under consideration by the Commission which relate
to the areas of interest or jurisdiction of the International Joint
Commission, United States and Canada. The Council shall consult
on these matters as appropriate with the Department of State and
the International Joint Commission through its United States Sec-
tion for the purpose of enhancing international coordination.
Sec. 6. Reporting to the President. The Chairman of the Com-
mission shall report to the President through the Council.
LYNDON B. JOHNSON
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EXECUTIVE ORDER 11658
March 24, 1972, 37 F.R. 6045
ESTABLISHMENT OP THE MISSOURI RIVER BASIN COMMISSION
The Water Resources Planning Act (79 Stat. 244; 42 U.S.C.
1962 et seq.) provides for the establishment of river basin water
and related land resources commissions. In conformity with the
requirements of that act a majority of the Governors of the States
of the Missouri River drainage basin, as denned in Section 2 of
this order, and the Water Resources Council have requested, or
concurred in, the establishment of such a Commission.
NOW, THEREFORE, by virtue of the authority vested in me
by Section 201 of the Water Resources Planning Act (42 U.S.C.
1962b), and as President of the United States, it is ordered as
follows:
Section 1. Missouri River Basin Commission. It is hereby de-
clared that the Missouri River Basin Commission is established
under the provisions of Title II of the Water Resources Planning
Act (42 U.S.C. 1962b et seq.).
Sec. 2. Jurisdiction of the Commission. It is hereby determined
that the jurisdiction of the Missouri River Basin Commission
referred to in Section 1 of this order shall extend to the State of
Nebraska and those portions of the States of Colorado, Iowa,
Kansas, Minnesota, Missouri, Montana, North Dakota, South Da-
kota, and Wyoming that are located within the Missouri River
drainage basin, denned as the drainage basin of the Missouri
River above a point immediately below the mouth of the Gascon-
ade River.
Sec. 3. Membership of the Commission. It is hereby determined
that, in accordance with Section 202 of the Act (42 U.S.C.
1962b-l), the Commission shall consist of the following members:
(1) a Chairman to be appointed by the President,
(2) one member from each of the following Federal depart-
ments and agencies: Department of Agriculture; Department of
the Army; Department of Commerce; Department of Health, Ed-
ucation, and Welfare; Department of Housing and Urban Devel-
opment ; Department of the Interior; Department of Transporta-
tion; Federal Power Commission; Atomic Energy Commission;
and the Environmental Protection Agency; such member to be
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appointed by the head of the department or independent agency he H
represents,
(3) one member from each of the following States: Colorado, —
Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, North •
Dakota, South Dakota, and Wyoming. ™
(4) one member from each interstate agency created by an
interstate compact to which the consent of the Congress has been H
given and whose jurisdiction extends to the waters of the area ™
specified in Section 2.
Sec. 4. Functions, Powers, and Duties. The Commission and its H
officers, members, and employees shall perform and exercise, with
respect to the area specified in Section 2 of this order, their
respective functions, powers, and duties as set out in Title II of
the Water Resources Planning Act.
Sec. 5. International Coordination. The Chairman of the Com-
mission is hereby authorized and directed to refer to the Water
Resources Council any matters under consideration by the Com-
mission which relate to areas of interest or jurisdiction of the
International Joint Commission, United States and Canada. The
Council shall consult on these matters as appropriate with the
Department of State and the International Joint Commission
through its United States Section for the purpose of enhancing «
international coordination. H
Sec. 6. Reporting to the President. The Chairman of the Com-
mission shall report to the President through the Water Resources •
Council. H
RICHARD NIXON.
THE WHITE HOUSE,
March 22,1972.
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EXECUTIVE ORDER 11659
March 24, 1972, 37 F.R. 6047
ESTABLISHMENT OP THE UPPER MISSISSIPPI RIVER
BASIN COMMISSION
The Water Resources Planning Act (79 Stat. 244; 42 U.S.C.
1962 et seq.) provides for the establishment of river basin water
and related land resources commissions. In conformity with the
requirements of that act the Governors of the States of the Upper
Mississippi River drainage basin, as denned in Section 2 of this
order, and the Water Resources Council have requested, or con-
curred in, the establishment of such a Commission.
NOW, THEREFORE, by virtue of the authority vested in me
by Section 201 of the Water Resources Planning Act (42 U.S.C.
1962b), and as President of the United States, it is ordered as
follows:
Section 1. Upper Mississippi River Basin Commission. It is here-
by declared that the Upper Mississippi River Basin Commission
is established under the provisions of Title II of the Water Re-
sources Planning Act (42 U.S.C. 1962b et seq.).
Sec. 2. Jurisdiction of the Commission. It is hereby determined
that the jurisdiction of the Upper Mississippi River Basin Com-
mission referred to in Section 1 of this order shall extend to those
portions of the States of Illinois, Iowa, Minnesota, Missouri, and
Wisconsin that are located within the Upper Mississippi River
drainage basin, denned as the drainage basin of the Mississippi
River above the mouth of the Ohio River, excluding the drainage
basin of the Missouri River above a point immediately below the
mouth of the Gasconade River.
Sec. 3. Membership of the Commission. It is hereby determined
that, in accordance with Section 202 of the Act (42 U.S.C.
1962b-l), the Commission shall consist of the following members:
(1) a Chairman to be appointed by the President,
(2) one member from each of the following Federal depart-
ments and agencies: Department of Agriculture; Department of
the Army; Department of Commerce; Department of Health, Ed-
ucation, and Welfare; Department of Housing and Urban Devel-
opment ; Department of the Interior; Department of Transporta-
tion; Federal Power Commission; Atomic Energy Commission;
and the Environmental Protection Agency; such member to be
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§ 3 EPA CURRENT LAWS—WATER
appointed by the head of the department or independent agency he H
represents.
(3) one member from each of the following States: Illinois, «
Iowa, Minnesota, Missouri, and Wisconsin, •
(4) one member from each interstate agency created by an
interstate compact to which the consent of Congress has been
given and whose jurisdiction extends to the waters of the area •
specified in Section 2. ™
Sec. 4. Functions, Powers, and Duties. The Commission and its _
officers, members, and employees shall perform and exercise, with •
respect to the area specified in Section 2 of this order, their
respective functions, powers, and duties as set out in Title II of
the Water Resources Planning Act. H
Sec. 5. Consultation with Adjoining States. The Commission is
expected to provide for procedures for consultation with the
States of Indiana, Michigan, and South Dakota on any matter
which might affect the water and related land resources of the
headwater drainages of the Mississippi River Basin in those
States and to give notice to those States of meetings of the Com-
mission.
Sec. 6. Reporting to the President. The Chairman of the Com-
mission shall report to the President through the Water Resources H
Council. •
RICHARD NIXON.
THE WHITE HOUSE, ^^
March 22,1972. ^1
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EXECUTIVE ORDER NO. 11659
March 14, 1973, 38 Fed. Reg. 6877
CHANGE IN BOUNDARIES OF NEW ENGLAND RIVER
BASINS COMMISSION
The Governors of the member States of the New England
River Basins Commission and the Water Resources Council have
requested that the jurisdiction of the Commission be extended to
include those portions of the States of Vermont and
Massachusetts which are not presently included within the area
of the Commission's jurisdiction. I have determined that it would
be in the public interest to comply with that request.
Now, THEREFORE, by virtue of the authority vested in me by
Section 201 of the Water Resources Planning Act (42 U.S.C.
1962b) and as President of the United States, subsections (3) and
(4) of section 2 of Executive Order No. 11371 of September 6,1967,
as amended, are hereby amended to read as follows:
"(3) The State of Vermont,"
"(4) The State of Massachusetts,".
RICHARD NIXON
THE WHITE HOUSE,
March 12, 1973.
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EXECUTIVE ORDER NO. 11735
August 7, 1973, 38 Fed. Reg. 21243
ASSIGNMENT OF FUNCTIONS UNDER SECTION 311 OF THE
FEDERAL WATER POLLUTION CONTROL ACT,
AS AMENDED
By virtue of the authority vested in me by section 311 of the
Federal Water Pollution Control Act, as amended by the Federal
Water Pollution Control Act Amendments of 1972 (Public Law
92-500; 86 Stat. 816 at 861; 33 U.S.C. 1321), hereinafter referred to
as the act, by section 301 of title 3 of the United States Code, and
as President of the United States, it is hereby ordered as follows:
Section 1. Administrator of the Environmental Protection
Agency. The Administrator of the Environmental Protection
Agency is hereby designated and empowered to exercise,
without the approval, ratification, or other action of the
President, the following:
(1) the authority of the President under subsections (b) (3)
and (b) (4) of section 311 of the act relatingto the determination of
those quantities of oil and hazardous substances the discharge
of which, at such times, locations, circumstances, and conditions,
will be harmful to the public health or welfare of the United
States and those which will not be harmful;
(2) the authority of the President under subsection (c)(2)(G) of
section 311 of the act, relating to identification of dispersants
and other chemicals to be used;
(3) the authority of the President under subsection (e) of
section 311 of the act, relating to determinations of imminent
and substantial threat because of actual or threatened
discharges of oil or hazardous substances from
non-transportation-related onshore and offshore facilities, and
relating to securing relief necessary to abate such actual or
threatened discharges through court action; and
(4) the authority of the President under subsection (j)(l)(C) of
section 311 of the act, relating to the establishment of
procedures, methods, and equipment and other requirements for
equipment to prevent discharges of oil and hazardous substances
from non-transportation-related onshore and offshore facilities,
and to contain such discharges.
Sec, 2. Secretary of Department in which the Coast Guard is
Operating. The Secretary of the Department in which the Coast
Guard is operating is hereby designated and empowered to
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exercise, without the approval, ratification, or other action of the
President, the following:
(1) the authority of the President under subsection (e) of
section 311 of the act, relating to determinations of imminent
and substantial threat because of actual or threatened
discharges of oil or hazardous substances from
transportation-related onshore and offshore facilities, and
relating to securing relief necessary to abate such actual or
threatened discharges through court action;
(2) the authority of the President under subsection (j)(l)(C) of
section 311 of the act, relating to the establishment of
procedures, methods, and equipment and other requirements for
equipment to prevent discharges of oil and hazardous substan-
ces from vessels and transportation-related onshore and off-
shore facilities, and to contain such discharges;
(3) the authority 'of the President under subsection (j)(l)(D) of
section 311 of the act, relating to the inspection of vessels
carrying cargoes of oil and hazardous substances and the
inspection of such cargoes;
(4) the authority to administer the revolving fund
established pursuant to subsection (k) of section 311 of the act;
and
(5) the authority under subsection (m) of section 311 of the
act, relating to the boarding and inspection of vessels, the arrest
of persons violating section 311, and the execution of warrants or
other process pursuant to that section.
Sec. 3. Federal Maritime Commission. The Federal
Maritime Commission is designated and empowered to exercise, H
without the approval, ratification, or other action of the ^"
President, the following:
(1) the authority of the President under subsection (p)(l) of
section 311 of the act, relating to the issuance of regulations
governing evidence of financial responsibility for vessels to meet
liability to the United States; and ••
(2) the authority under subsection (p)(2) of section 311 of the H
act, relating to the administration of subsection (p).
Sec. 5. Other Assignments.
(a) The head of each Federal department and agency having •
responsibilities under the National Contingency Plan (36 FR •§
16215), as now or hereafter amended, is designated and
empowered to exercise, without the approval, ratification, or
other action of the President, in accordance with that plan, the
authority under subsection (c)(l) of section 311 of the act,
relating to the removal of oil and hazardous substances _
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discharged into or upon the navigable waters of the United
States, adjoining shorelines, or into or upon the waters of the
contiguous zone.
(b) The Administrator of the Environmental Protection
Agency and the Secretary of the Department in which the Coast
Guard is operating, respectively, in and for the waters and areas
for which each has responsibility for providing or furnishing
on-scene-coordinators under the National Contingency Plan, are
designated and empowered to exercise, without approval,
ratification, or other action of the President, the following:
(1) the authority under subsection (c)(2)(C) of section 311 of
the act, relating to the determination of major ports for
establishment of emergency task forces;
(2) the authority under subsection (d) of section 311 of the act,
relating to the coordination and direction of the removal or
elimination of threats of pollution hazards from discharges, or
imminent discharges, of oil or hazardous substances, and the
removal and destruction of vessels;
(3) the authority of the President under subsection (j)(l)(A) of
section 311 of the act, relating to the establishment of methods
and procedures for the removal of discharged oil and hazardous
substances; and
(4) the authority of the President under subsection (j)(l)(B) of
section 311 of the act, relating to the establishment of criteria for
the development and implementation of local and regional oil
and hazardous substance removal contingency plans.
(c) The Administrator of the Environmental Protection
Agency and the Secretary of the Department in which the Coast
Guard is operating are designated and empowered to exercise,
without the approval, ratification, or other action of the
President, the authority of the President under section 3110X2)
with respect to assessing and compromising civil penalties in
connection with enforcement of the respective regulations
issued by each pursuant to this order.
Sec. 6. Consultation. Authorities and functions delegated or
assigned by this order shall be exercised subject to consultation
with the Secretaries of departments and the heads of agencies
with operating or regulatory responsibilities which may be
significantly affected.
Sec. 7. Agency to Receive Notices of Discharges of Oil or
Hazardous Substances. The Coast Guard is hereby designated
the "appropriate agency" for the purpose of receiving the notice
of discharge of oil or hazardous substances required by
subsection (b)(5) of section 311 of the act. The Commandant of the
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Coast Guard shall issue regulations implementing this
designation.
Sec. 8. Without derogating from any action heretofore taken
thereunder, Executive Order No. 11548 of July 20, 1970, is hereby
superseded.
RICHARD NIXON
THE WHITE HOUSE,
August 3, 1973.
74 Rev.-254
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EXECUTIVE ORDER NO. 11737
September 11, 1973, 38 Fed. Reg. 24883
ENLARGEMENT OF THE UPPER MISSISSIPPI RIVER BASIN
COMMISSION
The Governors of the member States of the Upper Mississippi
River Basin Commission and of the Souris-Red-Rainy River
Basins Commission, together with the Water Resources Council,
have requested, or concurred in, the enlargement of the Upper
Mississippi River Basin Commission to include those portions of
the States of Minnesota and North Dakota that are drained by
the Souris-Red-Rainy Rivers system. The Souris-Red-Rainy
River Basins Commission terminated on June 30, 1973, by
operation of Section 7 of Executive Order No. 11359 of June 20,
1967, as amended. I have determined that it would be in the
public interest to comply with the above request.
NOW, THEREFORE, by virtue of the authority vested in me by
Section 201 of the Water Resources Planning Act (42 U.S.C.
1962b), and as President of the United States, it is ordered as
follows:
Section 1. Executive Order No. 11659 of March 22, 1972, is
hereby amended as follows:
"Sec. 2. Jurisdiction of the Commission. It is hereby determined
that the jurisdiction of the Upper Mississippi River Basin
Commission referred to in Section 1 of this order shall extend to
those portions of the States of Illinois, Iowa, Minnesota,
Missouri, Wisconsin, and North Dakota that are located within
the Upper Mississippi, Souris, Red, or Rainy River drainage
basins. The Upper Mississippi River drainage basin is defined as
the drainage basin of the Mississippi River above the mouth of
the Ohio River, excluding the drainage basin of the Missouri
River above a point immediately below the mouth of the
Gasconade River."
(2) Section 3(3) is amended to read as follows:
"(3) one member from each of the following States: Illinois,
Iowa, Minnesota, Missouri, Wisconsin, and North Dakota.".
(3) Section 5 is amended to read as follows:
"Sec. 5. Consultation with Adjoining States. The Commission
is expected to provide for procedures for consultation with the
States of Indiana, Michigan, South Dakota, and Montana on any
matter which might affect the water and related land resources
of the headwater drainages of the Mississippi River Basin or the
74 Rev.-255
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drainages of the Souris, Red, or Rainy River Basins in those
States and to give notice to those States of meetings of the
Commission."
(4) Section 6 is hereby redesignated as Section 7 and a new
Section 6 is hereby inserted immediately after Section 5 as
follows:
"Sec. 6. International Coordination. The Chairman of the
Commission is hereby authorized and directed to refer to the
Council any matters under consideration by the Commission
which relate to areas of interest or jurisdiction of the
International Joint Commission, United States and Canada. The
Council shall consult on these matters as appropriate with the
Department of State and the International Joint Commission
through its United States Section for the purpose of enhancing
international coordination."
Sec. 2. All funds, property, records, employees, assets, and
obligations of the Souris-Red-Rainy River Basins Commission
are, with the concurrence of Governors of the affected States,
transferred to the Upper Mississippi River Basin Commission,
effective as of July 1, 1973.
Sec. 3. Executive Order No. 11350 of June 20, 1967, and
Executive Order No. 11635 of December 9, 1971, are hereby
superseded.
RICHARD NIXON
THE WHITE HOUSE,
September 7, 1973.
74 Rev.-256
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EXECUTIVE ORDER NO. 11738
September 12, 1973, 38 Fed. Reg. 25161
PROVIDING FOR ADMINISTRATION OF THE CLEAN AIR ACT AND
THE FEDERAL WATER POLLUTION CONTROL ACT WITH RESPECT
TO FEDERAL CONTRACTS, GRANTS, OR LOANS
By virtue of the authority vested in me by the provisions of the
Clean Air Act, as amended (42 U.S.C. 1857 et seq.), particularly
section 306 of that Act as added by the Clean Air Amendments of
1970 (Public Law 91-604), and the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.) particularly section 508 of
that Act as added by the Federal Water Pollution Control Act
Amendments of 1972 (Public Law 92-500), it is hereby ordered as
follows:
Section 1. Policy. It is the policy of the Federal Government to
improve and enhance environmental quality. In furtherance of
that policy, the program prescribed in this Order is instituted to
assure that each Federal agency empowered to enter into
contracts for the procurement of goods, materials, or services
and each Federal agency empowered to extend Federal
assistance by way of grant, loan, or contract shall undertake
such procurement and assistance activities in a manner that will
result in effective enforcement of the Clean Air Act (hereinafter
referred to as "the Air Act") and the Federal Water Pollution
Control Act (hereinafter referred to as "the Water Act").
Sec. 2. Designation of Facilities, (a) The Administrator of the
Environmental Protection Agency (hereinafter referred to as
"the Administrator") shall be responsible for the attainment of
the purposes and objectives of this Order.
(b) In carrying out his responsibilities under this Order, the
Administrator shall, in conformity with all applicable
requirements of law, designate facilities which have given rise to
a conviction for an offense under section 113(c)(l) of the Air Act
or section 309(c) of the Water Act. The Administrator shall, from
time to time, publish and circulate to all Federal agencies lists of
those facilities, together with the names and addresses of the
persons who have been convicted of such offenses. Whenever the
Administrator determines that the condition which gave rise to
a conviction has been corrected, he shall promptly remove the
facility and the name and address of the person concerned from
the list.
Sec. 3. Contracts, Grants, or Loans, (a) Except as provided in
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section 8 of this Order, no Federal agency shall enter into any •
contract for the procurement of goods, materials, or services
which is to be performed in whole or in part in a facility then
designated by the Administrator pursuant to section 2. H
(b) Except as provided in section 8 of this Order, no Federal •
agency authorized to extend Federal assistance by way of grant,
loan, or contract shall extend such assistance in any case in ••
which it is to be used to support any activity or program jf
involving the use of a facility then designated by the
Administrator pursuant to section 2.
Sec. 4. Procurement, Grant, and Loan Regulations. The Federal
Procurement Regulations, the Armed Services Procurement
Regulations, and, to the extent necessary, any supplemental or
comparable regulations issued by any agency of the Executive
Branch shall, following consultation with the Administrator, be
amended to require, as a condition of entering into, renewing, or
extending any contract for the procurement of goods, materials,
or services or extending any assistance by way of grant, loan, or
contract, inclusion of a provision requiring compliance with the
Air Act, the Water Act, and standards issued pursuant thereto in
the facilities in which the contract is to be performed, or which
are involved in the activity or program to receive assistance.
Sec. 5. Rules and Regulations. The Administrator shall issue
such rules, regulations, standards, and guidelines as he may
deem necessary or appropriate to carry out the purposes of this
Order.
Sec. 6. Cooperation and Assistance. The head of each Federal
agency shall take such steps as may be necessary to insure that
all officers and employees of his agency whose duties entail
compliance or comparable functions with respect to contracts,
grants, and loans are familiar with the provisions of this Order.
In addition to any other appropriate action, such officers and
employees shall report promptly any condition in a facility which
may involve noncompliance with the Air Act or the Water Act or
any rules, regulations, standards, or guidelines issued pursuant
to this Order to the head of the agency, who shall transmit such
reports to the Administrator.
Sec. 7. Enforcement. The Administrator may recommend to
the Department of Justice or other appropriate agency that legal
proceedings be brought or other appropriate action be taken
whenever he becomes aware of a breach of any provision IB
required, under the amendments issued pursuant to section 4 of •
this Order, to be included in a contract or other agreement.
Sec. 8. Exemptions—Reports to Congress, (a) Upon a ••
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determination that the paramount interest of the United States
so requires—
(1) The head of a Federal agency may exempt any contract,
grant, or loan, and, following consultation with the
Administrator, any class of contracts, grants or loans from the
provisions of this Order. In any such case, the head of the Federal
agency granting such exemption shall (A) promptly notify the
Administrator of such exemption and the justification therefor;
(B) review the necessity for each such exemption annually; and
(C) report to the Administrator annually all such exemptions in
effect. Exemptions granted pursuant to this section shall be for a
period not to exceed one year. Additional exemptions may be
granted for periods not to exceed one year upon the making of a
new determination by the head of the Federal agency concerned.
(2) The Administrator may, by rule or regulation, exempt any
or all Federal agencies from any or all of the provisions of this
Order with respect to any class or classes of contracts, grants, or
loans, which (A) involve less than specified dollar amounts, or (B)
have a minimal potential impact upon the environment, or (C)
involve persons who are not prime contractors or direct
recipients of Federal assistance by way of contracts, grants, or
loans.
(b) Federal agencies shall reconsider any exemption granted
under subsection (a) whenever requested to do so by the
Administrator.
(c) The Administrator shall annually notify the President
and the Congress of all exemptions granted, or in effect, under
this Order during the preceding year.
Sec. 9. Related Actions. The imposition of any sanction or
penalty under or pursuant to this Order shall not relieve any
person of any legal duty to comply with any provisions of the Air
Act or the Water Act.
Sec. 10. Applicability. This Order shall not apply to contracts,
grants, or loans involving the use of facilities located outside the
United States.
Sec. 11. Uniformity. Rules, regulations, standards, and
guidelines issued pursuant to this order and section 508 of the
Water Act shall, to the maximum extent feasible, be uniform
with regulations issued pursuant to this order, Executive Order
No. 11602 of June 29, 1971, and section 306 of the Air Act.
Sec. 12. Order Superseded. Executive Order No. 11602 of June
29, 1971, is hereby superseded.
RICHARD NIXON
THE WHITE HOUSE,
September 10, 1973.
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EXECUTIVE ORDER NO. 11742
October 25,1973, 38 Fed. Reg. 29457
DELEGATING TO THE SECRETARY OF STATE CERTAIN FUNCTIONS
WITH RESPECT TO THE NEGOTIATION OF INTERNATIONAL
AGREEMENTS RELATING TO THE ENHANCEMENT
OF THE ENVIRONMENT
Under and by virtue of the authority vested in me by section
301 of title 3 of the United States Code and as President of the
United States, I hereby authorize and empower the Secretary of
State, in coordination with the Council on Environmental
Quality, the Environmental Protection Agency, and other
appropriate Federal agencies, to perform, without the approval,
ratification, or other action of the President, the functions
vested in the President by section 7 of the Federal Water
Pollution Control Act Amendments of 1972 (Public Law 92-500;
86 Stat. 898) with respect to international agreements relatingto
the enhancement of the environment.
RICHARD NIXON
THE WHITE HOUSE,
October 23, 1973.
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EXECUTIVE ORDER NO. 11747
November 9, 1973, 38 Fed. Reg. 30993
DELEGATING CERTAIN AUTHORITY OF THE PRESIDENT UNDER
THE WATER RESOURCES PLANNING ACT, AS AMENDED
By virtue of the authority vested in me by section 301 of title 3
of the United States Code, and as President of the United States,
it is hereby ordered as follows:
Section 1. The Director of the Office of Management and
Budget is designated and empowered to exercise, without the
approval, ratification, or other action of the President, the
functions vested in the President by (1) sections 104(b) and 204(3)
of the Water Resources Planning Act, as amended (42 U.S.C.
1962a-3(b) and 1962b-3(3), respectively), with respect to review-
ing plans, or revisions thereof, of river basin commissions
established pursuant to that act and transmitting those plans
or revisions thereto to the Congress with appropriate
recommendations; and (2) section 301(b) of the same act (42
U.S.C. 1962c(b)) with respect to approving rules, procedures,
arrangements, and provisions relating to coordination of
Federal planning assistance programs and utilization of Federal
agencies administering related programs.
Sec. 2. The Chairman of the Water Resources Council is
designated and empowered to exercise, without the approval,
ratification, or other action of the President, the approval
function for standards and procedures vested in the President by
section 103 of the Water Resources Planning Act, as amended (42
U.S.C. 1962a-2).
RICHARD NIXON
THE WHITE HOUSE,
November 7, 1973.
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EPA CURRENT LAWS—SOLID WASTE
1. Statutes
1.1 The Solid Waste Disposal Act, as amended, 42 U.S.C. §3251 et seq. (1973).
1.2 Contracts: Acquisition, Construction or Furnishing of Test Facilities
and Equipment, as amended, 10 U.S.C. §2353 (1956).
[Referred to in 42 U.S.C. §3253(b)(3)]
1.3 Housing Act of 1954, as amended, 40 U.S.C. §461 (1970).
[Referred to in 42 U.S.C. §3254e(a) (1)]
1.4 Definition of Executive Agency, 5 U.S.C. §105 (1966).
[Referred to in 42 U.S.C. §3254e (a) (1)]
1.5 Davis-Bacon Act, as amended, 40 U.S.C. §§276a-276a—5 (1964).
[Referred to in 42 U.S.C. §3256]
1.6 Reorganization Plan No. 14 of 1950, 64 Stat. 1267 (1950).
[Referred to in 42 U.S.C. §3256]
1.7 Regulations Governing Contractors and Subcontractors, as amended, 40
U.S.C. §276e (1958).
[Referred to in 42 U.S.C. §3256]
1.8 Amortization of Pollution Control Facilities, as amended, 26 U.S.C. §169
(1969).
1.9 Interest on Certain Government Obligations, as amended, 26 U.S.C. §103
(1969).
2. Executive Orders
[RESERVED]
74 Rev.-26B
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EPA CURRENT LAWS—SOLID WASTE
1. Statutes
1.1 The Solid Waste Disposal Act, as amended, 42 U.S.C. §3251 et seq. (1973).
1.2 Contracts: Acquisition, Construction or Furnishing of Test Facilities
and Equipment, as amended, 10 U.S.C. §2353 (1956).
[Referred to in 42 U.S.C. §3253(b)(3)]
1.3 Housing Act of 1954, as amended, 40 U.S.C. §461 (1970).
[Referred to in 42 U.S.C. §§3254a(a), 3254a(c)]
1.4 Definition of Executive Agency, 5 U.S.C. §105 (1966).
[Referred to in 42 U.S.C. §3254e(a)(l)]
1.5 Davis-Bacon Act, as amended, 40 U.S.C. §§276a-276a—5 (1964).
[Referred to in 42 U.S.C. §3256]
1.6 Reorganization Plan No. 14 of 1950, 64 Stat. 1267 (1950).
[Referred to in 42 U.S.C. §3256]
1.7 Regulations Governing Contractors and Subcontractors, as amended, 40
U.S.C. §276c (1958).
[Referred to in 42 U.S.C. §3256]
1.8 Amortization of Pollution Control Facilities, as amended, 26 U.S.C. §169
(1969).
1.9 Interest on Certain Government Obligations, as amended, 26 U.S.C. §103
(1969).
74 Rev.-267
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Sec.
3251.
3252.
3253.
3253a.
3254.
3254a.
3254b.
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3254c.
3254d.
3254e.
3254f.
3255.
3256.
THE SOLID WASTE DISPOSAL ACT
Congressional findings and declaration of purpose.
Definitions.
• Research, demonstrations, training and other activities.
(a) Authority of Secretary to conduct; encouragement, etc., of
public and private agencies in the conduct of.
(b) Collection and dissemination of information; cooperation with
public or private agencies; grants-in-aid; contracts.
(c) Provision of grants or contracts too insure availability of in-
formation, uses, processes and patents; use of and adher-
ence to Statement of Government Patent Policy.
(d) Limitation on grants.
-Recovery of useful energy and materials.
(a) Special study; report to the President and the Congress.
(b) Demonstration projects.
(c) Applicability of other sections.
• Encouragement of interstate and interlocal cooperation.
• Grants for State, interstate, and local planning.
(a) Authorization.
(b) Application; contents.
(c) Coordination of solid waste disposal planning with other plan-
ning activities.
- Grants for resource recovery systems and improved solid waste dis-
posal facilities.
(a) Authorization.
(b) Conditions of grant for the demonstration of a resource recov-
ery system; Federal share.
(c) Conditions of grant for construction of solid waste disposal
facility; Federal share.
(d) Establishment of procedure for awarding grants; considera-
tions in making grants.
(e) Terms and conditions; non-Federal share.
(f) Limitation on grants.
»Recommendation by Secretary of guidelines; publication in Federal
Register; recommendation by Secretary of model codes, ordinances,
and statutes; issuance of information to appropriate agencies.
• Grants to or contracts with eligible organization.
(a) Authorization.
(b) Training projects; application; contents.
(c) Investigation and study by Secretary; report to the President
and the Congress.
• Applicability of solid waste disposal guidelines to Executive agencies.
• National disposal sites study for the storage and disposal of hazard-
ous wastes.
- Grants to State and interstate agencies for surveys and planning.
(a) Authorization.
(b) Necessity for and contents of application.
(c) Coordination of solid waste disposal planning with other plan-
ning activities.
' Labor standards.
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42 § 3251 EPA CURRENT LAWS—SOLID WASTE
Sec.
3257. Authorities and responsibilities under other laws not affected.
3258. - Payment of grants.
3259. 'Authorization of appropriations.
§ 3251. Congressional findings and declaration of purpose
(a) The Congress finds—
(1) that the continuing technological progress and im-
provement in methods of manufacture, packaging, and mar-
keting of consumer products has resulted in an ever-mounting
increase, and in a change in the characteristics, of the mass
of material discarded by the purchaser of such products ;
(2) that the economic and population growth of our Na-
tion, and the improvements in the standard of living enjoyed
by our population, have required increased industrial pro-
duction to meet our needs, and have made necessary the
demolition of old buildings, the construction of new buildings,
and the provision of highways and other avenues of trans-
portation, which, together with related industrial, commer-
cial, and agricultural operations, have resulted in a rising
tide of scrap, discarded, and waste materials;
(3) that the continuing concentration of our population in
expanding metropolitan and other urban areas has presented
these communities with serious financial, management, inter-
governmental, and technical problems in the disposal of solid •!
wastes resulting from the industrial, commercial, domestic, H
and other activities carried on in such areas ;
(4) that inefficient and improper methods of disposal of fl|
solid wastes result in scenic blights, create serious hazards II
to the public health, including pollution of air and water
resources, accident hazards, and increase in rodent and insect
vectors of disease, have an adverse effect on land values,
create public nuisances, otherwise interfere with community
life and development;
(5) that the failure or inability to salvage and reuse such B
materials economically results in the unnecessary waste and B
depletion of our natural resources; and
(6) that while the collection and disposal of solid wastes 4B
should continue to be primarily the function of State, re- B
gional, and local agencies, the problems of waste disposal as
set forth above have become a matter national in scope and
in concern and necessitate Federal action through financial
and technical assistance and leadership in the development,
demonstration, and application of new and improved methods
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SOLID WASTE DISPOSAL ACT 42 § 3251
and processes to reduce the amount of waste and unsalvage-
able materials and to provide for proper and economical
solid-waste disposal practices.
(b) The purposes of this chapter therefore are—
(1) to promote the demonstration, construction, and appli-
cation of solid waste management and resource recovery
systems which preserve and enhance the quality of air, water,
and land resources;
(2) to provide technical and financial assistance to States
and local governments and interstate agencies in the planning
and development of resource recovery and solid waste dis-
posal programs;
(3) to promote a national research and development pro-
gram for improved management techniques, more effective
organizational arrangements, and new and improved methods
of collection, separation, recovery, and recycling of solid
wastes, and the environmentally safe disposal of nonrecover-
able residues;
(4) to provide for the promulgation of guidelines for solid
waste collection, transport, separation, recovery, and disposal
systems and
(5) to provide for training grants in occupations involving
the design, operation, and maintenance of solid waste dis-
posal systems.
Pub.L. 89-272, Title II, § 202, Oct. 20, 1965, 79 Stat. 997, amended
Pub.L. 97-512, Title I, § 101, Oct. 26, 1970, 84 Stat. 1227.
§ 3252. Definitions.
When used in this chapter—
(1) The term "Secretary" means the Secretary of Health, Edu-
cation, and Welfare; except that such term means the Secretary of
the Interior with respect to problems of solid waste resulting from
the extraction, processing, or utilization of minerals or fossil fuels
where the generation, production, or reuse of such waste is or may
be controlled within the extraction, processing, or utilization facil-
ity or facilities and where such control is a feature of the tech-
nology or economy of the operation of such facility or facilities.
(2) The term "State" means a State, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and
American Samoa.
(3) The term "interstate agency" means an agency of two or
more municipalities in different States, or an agency established
by two or more States, with authority to provide for the disposal
of solid wastes and serving two or more municipalities located in
different States.
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42 § 3252 EPA CURRENT LAWS—SOLID WASTE
(4) The term "solid waste" means garbage, refuse, and other
discarded solid materials, including solid-waste materials resulting
from industrial, commercial, and agricultural operations, and from
community activities, but does not include solids or dissolved ma-
terial in domestic sewage or other significant pollutants in water
resources, such as silt, dissolved or suspended solids in industrial
waste water effluent, dissolved materials in irrigation return flows
or other common water pollutants.
(5) The term "solid-waste disposal" means the collection, stor-
age, treatment, utilization, processing, or final disposal of solid
waste.
(6) The term "construction", with respect to any project of con-
struction under this chapter, means (A) the erection or building
of new structures and acquisition of lands or interests there, or the
acquisition, replacement, expansion, remodeling, alteration, mod-
ernization, or extension of existing structures, and (B) the acquis-
ition and installation of initial equipment of, or required in
connection with, new or newly acquired structures or the ex-
panded, remodeled, altered, modernized or extended part of exist-
ing structures (including trucks and other motor vehicles, and
tractors, cranes, and other machinery) necessary for the proper
utilization and operations of the facility after completion of the
project; and includes preliminary planning to determine the eco-
nomic and engineering feasibility and the public health and safety
aspects of the project, the engineering, architectural, legal, fiscal,
and economic investigations and studies, and any surveys, designs,
plans, working drawings, specifications, and other action neces-
sary for the carrying out of the project, and
(C) the inspection and supervision of the process of carrying out
the project to completion.
(7) The term "municipality" means a city, town, borough,
country, parish, district, or other public body created by or pur-
suant to State law with responsibility for the planning or admin-
istration of solid waste disposal, or an Indian tribe.
(8) The term "intermunicipal agency" means an agency estab-
lished by two or more municipalities with responsibility for plan-
ning or administration of solid waste disposal.
(9) The term "recovered resources" means materials or energy
recovered from solid wastes.
(10) The term "resources recovery system" means a solid waste
management system which provides for collection, separation, re-
cycling, and recovery of solid wastes, including disposal of non-
recoverable waste residues.
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SOLID WASTE DISPOSAL ACT 42 § 3252
Pub.L. 89-272, Title II, § 203, Oct. 20, 1965, 79 Stat. 998, amended
Pub.L. 91-512, Title I, § 102, Oct. 26,1970, 84 Stat. 1228.
§ 3253. Research, demonstrations, training1 and other activities
—Authority of Secretary to conduct; encouragement, etc., of pub-
lic and private agencies in the conduct of
(a) The Secretary shall conduct, and encourage, cooperate with,
and render financial and other assistance to appropriate public
(whether Federal, State, interstate, or local) authorities, agencies,
and institutions, private agencies and institutions, and individuals
in the conduct of, and promote the coordination of, research, in-
vestigations, experiments, training, demonstrations, surveys, and
studies relating to—
(1) any adverse health and welfare effects of the release
into the environment of material present in solid waste, and
methods to eliminate such effiects;
(2) the operation and financing of solid waste disposal pro-
grams ;
(3) the reduction of the amount of such waste and unsal-
vageable waste materials;
(4) the development and application of new and improved
methods of collecting and disposing of solid waste and process-
ing and recovering materials and energy from solid wastes;
and
(5) the identification of solid waste components and poten-
tial materials and energy recoverable from such waste com-
ponents.
Collection and dissemination of information; cooperation with public
or private agencies; grants-in-aid; contracts
(b) In carrying out the provisions of the preceding subsection,
the Secretary is authorized to—
(1) collect and make available, through publications and
other appropriate means, the results of, and other informa-
tion pertaining to, such research and other activities, includ-
ing appropriate recommendations in connection therewith;
(2) cooperate with public and private agencies, institu-
tions, and organizations, and with any industries involved, in
the preparation and the conduct of such research and other
activities; and
(3) make grants-in-aid to public or private agencies and
institutions and to individuals for research, training projects,
surveys, and demonstrations (including construction of facili-
ties), and provide for the conduct of research, training, sur-
veys, and demonstrations by contract with public or private
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42 § 3253 EPA CURRENT LAWS—SOLID WASTE
agencies and institutions and with individuals; and such con- M
tracts for research or demonstrations or both (including con- •
tracts for construction) may be made in accordance with and
subject to the limitations provided with respect to research
contracts of the military departments in section 2353 of
Title 10, except that the determination, approval, and certi-
fication required thereby shall be made by the Secretary.
Provisions of grants or contracts to insure availability of information, uses,
processes and patents; use of and adherence to Statement of Government
Patent Policy
(c) Any grant, agreement, or contract made or entered into
under this section shall contain provisions effective to insure that
all information, uses, processes, patents and other developments
resulting from any activity undertaken pursuant to such grant,
agreement, or contract will be made readily available on fair and
equitable terms to industries utilizing methods of solid-waste dis-
posal and industries engaging in furnishing devices, facilities,
equipment, and supplies to be used in connection with solid-waste
disposal. In carrying out the provisions of this section, the Secre-
tary and each department, agency, and officer of the Federal Gov-
ernment having functions or duties under this chapter shall make
use of and adhere to the Statement of Government Patent Policy
which was promulgated by the President in his Memorandum of
October 10, 1963. (3 CFR, 1963 Supp., p. 238.)
(d) Repealed. Pub.L. 91-512, Title I, § 103(b), Oct. 26, 1970,
84 Stat. 1228.
Pub.L. 89-272, Title II, § 204, Oct. 20, 1965, 79 Stat. 998, amended
Pub.L. 91-512, Title I, § 103, Oct. 26, 1970, 84 Stat. 1228.
§ 3253a. Recovery of useful energy and materials—Special
study; report to the President and the Congress
(a) The Secretary shall carry out an investigation and study to
determine—
(1) means of recovering materials and energy from solid
waste, recommended uses of such materials and energy for
national or international welfare, including identification of |H
potential markets for such recovered resources, and the im- •
pact of distribution of such resources on existing markets;
(2) changes in current product characteristics and produc-
tion and packaging practices which would reduce the amount
of solid waste;
(3) methods of collection, separation, and containerization
which will encourage efficient utilization of facilities and con-
tribute to more effective programs of reduction, reuse, or
disposal of wastes;
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SOLID WASTE DISPOSAL ACT 42 § 3253a
(4) the use of Federal procurement to develop market de-
mand for recovered resources;
(5) recommended incentives (including Federal grants,
loans, and other assistance) and disincentives to accelerate
the reclamation or recycling of materials from solid wastes,
with special emphasis on motor vehicle hulks;
(6) the effect of existing public policies, including sub-
sidies and economic incentives and disincentives, percentage
depletion allowances, capital gains treatment and other tax
incentives and disincentives, upon the recycling and reuse of
materials, and the likely effect of the modification or elimina-
tion of such incentives and disincentives upon the reuse,
recycling, and conservation of such materials; and
(7) the necessity and method of imposing disposal or other
charges on packaging, containers, vehicles, and other manu-
factured goods, which charges would reflect the cost of final
disposal, the value of recoverable components of the item,
and any social costs associated with nonrecycling or uncon-
trolled disposal of such items.
The Secretary shall from time to time, but not less frequently than
annually, report the results of such investigation and study to the
President and the Congress.
Demonstration projects
(b) The Secretary is also authorized to carry out demonstration
projects to test and demonstrate methods and techniques developed
pursuant to subsection (a) of this section.
Applicability of other sections
(c) Section 3253 (b) and (c) of this title shall be applicable to
investigations, studies, and projects carried out under this section.
Pub.L. 89-272, Title II, § 205, as added Pub.L. 91-512, Title I,
§ 104(a), Oct. 26, 1970, 84 Stat. 1228.
§ 3254. Encouragement of interstate and interlocal cooperation
The Secretary shall encourage cooperative activities by the
States and local governments in connection with solid-waste dis-
posal programs; encourage, where practicable, interstate, inter-
local, and regional planning for, and the conduct of, interstate,
interlocal, and regional solid-waste disposal programs; and encour-
age the enactment of improved and, so far as practicable, uniform
State and local laws governing solid-waste disposal.
Pub.L. 89-272, Title II, § 206 formerly § 205, Oct. 20, 1965, 79
Stat. 999, renumbered Pub.L. 91-512, Title I, § 104(a), Oct. 26,
1970, 84 Stat. 1228.
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42 § 3254a EPA CURRENT LAWS—SOLID WASTE
§ 3254a. Grants for State, interstate, and local planning—
Authorization
(a) The Secretary may from time to time, upon such terms and
conditions consistent with this section as he finds appropriate to
carry out the purposes of this chapter, make grants to State, in-
terstate, municipal, and intermunicipal agencies, and organiza-
tions composed of public officials which are eligible for assistance
under section 461 (g) of Title 40, of not to exceed 66% per centum flj
of the cost in the case of an application with respect to an area V
including only one municipality, and not to exceed 75 per centum
of the cost in any other case, of— ••
(1) making surveys of solid waste disposal practices and H
problems within the jurisdictional areas of such agencies and
(2) developing and revising solid waste disposal plans as
part of regional environmental protection systems for such
areas, providing for recycling or recovery of materials from
wastes whenever possible and including planning for the
reuse of solid waste disposal areas and studies of the effect
and relationship of solid waste disposal practices on areas
adjacent to waste disposal sites,
(3) developing proposals for projects to be carried out mm
pursuant to section 3254b of this title, or H
(4) planning programs for the removal and processing of
abandoned motor vehicle hulks.
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(b) Grants pursuant to this section may be made upon applica-
tion therefor which—
(1) designates or establishes a single agency (which may
be an interdepartmental agency) as the sole agency for carry-
ing out the purposes of this section for the area involved;
(2) indicates the manner in which provision will be made
to assure full consideration of all aspects of planning essen-
tial to area-wide planning for proper and effective solid waste
disposal consistent with the protection of the public health and mm
welfare, including such factors as population growth, urban •
and metropolitan development, land use planning, water pollu- ^^
tion control, air pollution control, and the feasibility of re-
gional disposal and resources recovery programs; WM
(3) sets forth plans for expenditure of such grant, which •§
plans provide reasonable assurance of carrying out the pur-
poses of this section;
(4) provides for submission of such reports of the activi-
ties of the agency in carrying out the purposes of this section,
in such form and containing such information, as the Secre- —
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SOLID WASTE DISPOSAL ACT 42 § 3254a
tary may from time to time find necessary for carrying out
the purposes of this section and for keeping such records and
affording such access thereto as he may find necessary; and
(5) provides for such fiscal-control and fund-accounting
procedures as may be necessary to assure proper disburse-
ment of and accounting for funds paid to the agency under
this section.
Coordination of solid waste disposal planning
with other planning activities
(c) The Secretary shall make a grant under this section only if
he finds that there is satisfactory assurance that the planning of
solid waste disposal will be coordinated, so far as practicable, with
and not duplicate other related State, interstate, regional, and
local planning activities, including those financed in part with
funds pursuant to section 461 of Title 40.
Pub.L. 89-272, Title II, § 207, as added Pub.L. 91-512, Title I,
§ 104 (b), Oct. 26, 1970, 84 Stat. 1229.
§ 3254b. Grants for resource recovery systems and improved
solid waste disposal facilities—Authorization
(a) The Secretary is authorized to make grants pursuant to
this section to any State, municipal, or interstate or intermunicipal
agency for the demonstration of resource recovery systems or for
the construction of new or improved solid waste disposal facilities.
Conditions of grant for the demonstration of a resource
recovery system; Federal share
(b) (1) Any grant under this section for the demonstration of
I a resource recovery system may be made only if it (A) is consis-
tent with any plans which meet the requirements of section 3254a
(b) (2) of this title; (B) is consistent with the guidelines recom-
mended pursuant to section 3254c of this title; (C) is designed to
provide areawide resource recovery systems consistent with the
purposes of this diaper, as determined by the Secretary, pursuant
to regulations promulgated under subsection (d) of this section;
• and (D) provides an equitable system for distributing the costs
associated with construction, operation, and maintenance of any
resource recovery system among the users of such system.
1(2) The Federal share for any project to which paragraph (1)
applies shall not be more than 75 percent.
Conditions of grant for construction of solid waste
disposal facility; Federal share
(c) (1) A grant under this section for the construction of a
new or improved solid waste disposal facility may be made only
if—
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42 § 3254b EPA CURRENT LAWS—SOLID WASTE
(A) a State or interstate plan for solid waste disposal has
been adopted which applies to the area involved, and the facil-
ity to be constructed (i) is consistent with such plan, (ii) is
included in a comprehensive plan for the area involved which
is satisfactory to the Secretary for the purposes of this chap-
ter, and (iii) is consistent with the guidelines recommended
under section 3254c of this title, and
(B) the project advances the state of the art by applying
new and improved techniques in reducing the environmental
impact of solid waste disposal, in achieving recovery of energy
or resources, or in recycling useful materials. M
(2) The Federal share for any project to which paragraph (1) •
applies shall be not more than 50 percent in the case of a project ^^
serving an area which includes only one municipality, and not
more than 75 percent in any other case. •
Establishment of procedure for awarding grants;
considerations in making grants
(d) (1) The Secretary, within ninety days after October 26,
1970, shall promulgate regulations establishing a procedure for
awarding grants under this section which—
(A) provides that projects will be carried out in communi- M
ties of varying sizes, under such conditions as will assist in •
solving the community waste problems of urban-industrial
centers, metropolitan regions, and rural areas, under repre-
sentative geographic and environmental conditions; and ••
(B) provides deadlines for submission of, and action on, M
grant requests.
(2) In taking action on applications for grants under this sec- |A
tion, consideration shall be given by the Secretary (A) to the II
public benefits to be derived by the construction and the propriety
of Federal aid in making such grant; (B) to the extent applicable,
to the economic and commercial viability of the project (including
contractual arrangements with the private sector to market any
resources recovered) ; (C) to the potential of such project for gen-
eral application to community solid waste disposal problems; and
(D) to the use by the applicant of comprehensive regional or
metropolitan area planning.
Terms and conditions; non-Federal share
(e) A grant under this section—
(1) may be made only in the amount of the Federal share
of (A) the estimated total design and construction costs, plus M
(B) in the case of a grant to which subsection (b) (1) of •
this section applies, the first-year operation and maintenance
costs;
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SOLID WASTE DISPOSAL ACT 42 § 3254b
(2) may not be provided for land acquisition or (except as
otherwise provided in paragraph (1) (B) for operating or
maintenance costs;
(3) may not be made until the applicant has made provi-
sion satisfactory to the Secretary for proper and efficient
operation and maintenance of the project (subject to para-
graph (1) (B));and
(4) may be made subject to such conditions and require-
ments, in addition to those provided in this section, as the
Secretary may require to properly carry out his functions
pursuant to this chapter.
For purposes of paragaph (1), the non-Fedeal share may be in any
form, including, but not limited to, lands or interests therein
needed for the project or personal property or services, the value
of which shall be determined by the Secretary.
Limitation on grants
(f) (1) Not more than 15 percent of the total of funds author-
ized to be appropriated under section 3259 (a) (3) of this title for
any fiscal year to carry out this section shall be granted under this
section for projects in any one State.
(2) The Secretary shall prescribe by regulation the manner in
which this subsection shall apply to a grant under this section for
a project in an area which includes all or part of more than one
State.
Pub.L. 89-272, Title II, § 208, as added Pub.L. 91-512, Title I,
§ 104(b), Oct. 26, 1970, 84 Stat. 1230.
§ 3254c. Recommendation by Secretary of guidelines; publica-
tion in Federal Register; recommendation by Secretary of model
codes, ordinances, and statutes; issuance of information to appro-
priate agencies
(a) The Secretary shall, in cooperation with appropriate State,
Federal, interstate, regional, and local agencies, allowing for pub-
lic comment by other interested parties, as soon as practicable
after October 26, 1970, recommend to appropriate agencies and
publish in the Federal Register guidelines for solid waste recov-
ery, collection, separation, and disposal systems (including sys-
tems for private use), which shall be consistent with public health
and welfare, and air and water quality standards and adaptable to
appropriate land-use plans. Such guidelines shall apply to such
systems whether on land or water and shall be revised from time
to time.
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42 § 3254c EPA CURRENT LAWS—SOLID WASTE
(b) (1) The Secretary shall, as soon as practicable, recom-
mend model codes, ordinances, and statutes which are designed to
implement this section and the purposes of this chapter.
(2) The Secretary shall issue to appropriate Federal, inter- M
state, regional, and local agencies information on technically fea- •
sible solid waste collection, separation, disposal, recycling, and
recovery methods, including data on the cost of construction,
operation, and maintenance of such methods. •
Pub.L. 89-272, Title II, § 209, as added Pub.L. 91-512, Title I, •
§ 104(b), Oct. 26, 1970, 84 Stat. 1232.
§ 3254d. Grants to or contracts with eligible organization— •
Authorization ^
(a) The Secretary is authorized to make grants to, and con- —
tracts with, any eligible organization. For purposes of this section •
the term "eligible organization" means a State or interstate ™
agency, a municipality, educational institution, and any other
organization which is capable of effectively carrying out a project
which may be funded by grant under subsection (b) of this
section.
Training projects; application; contents
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(b) (1) Subject to the provisions of paragraph (2), grants or
contracts may be made to pay all or a part of the costs, as may be M
determined by the Secretary, of any project operated or to be •
operated by an eligible organization, which is designed—
(A) to develop, expand, or carry out a program (which ^~
may combine training, education, and employment) for train- WM
ing persons for occupations involving the management, super- ™
vision, design, operation, or maintenance of solid waste dis-
posal and resource recovery equipment and facilities; or 4B
(B) to train instructors and supervisory personnel to train ml
or supervise persons in occupations involving the design,
operation, and maintenance of solid waste disposal and re-
source recovery equipment and facilities.
(2) A grant or contract authorized by paragraph (1) of this
subsection 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 applications shall be approved
unless it provides for the same procedures and reports (and access
to such reports and to other records) as is required by section
3254a(b) (4) and (5) of this title with respect to applications
made under such section.
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SOLID WASTE DISPOSAL ACT 42 § 3254d
Investigation and study by Secretary; report to the
President and the Congress
(c) The Secretary shall make a complete investigation and
study to determine—
(1) the need for additional trained State and local person-
nel to carry out plans assisted under this chapter and other
solid waste and resource recovery programs;
(2) means of using existing training programs to train
such personnel; and
(3) the extent and nature of obstacles to employment and
occupational advancement in the solid waste disposal and
resource recovery field which may limit either available man-
power or the advancement of personnel in such field.
He shall report the results of such investigation and study, includ-
ing his recommendations to the President and the Congress not
later than one year after October 26, 1970.
Pub.L. 89-272, Title II, § 210, as added Pub.L. 91-512, Title I,
§ 104 (b) Oct. 26,1970, 84 Stat. 1232.
§ 3254e. Applicability of solid waste disposal guidelines to
Executive agencies
(a) (1) If-
(A) an Executive agency (as defined in section 105 of
Title 5) has jurisdiction over any real property or facility
the operation or administration of which involves such agency
in solid waste disposal activities, or
(B) such an agency enters into a contract with any per-
son for the operation by such person of any Federal prop-
erty or facility, and the performance of such contract in-
volves such person in solid waste disposal activities,
then such agency shall insure compliance with the guidelines rec-
ommended under section 3254c of this title and the purposes of
this chapter in the operation or administration of such property
or facility, or the performance of such contract, as the case
may be.
(2) Each Executive agency which conducts any activity—
(A) which generates solid waste, and
(B) which, if conducted by a person other than such
agency, would require a permit or license from such agency
in order to dispose of such solid waste,
shall insure compliance with such guidelines and the purposes of
this chapter in conducting such activity.
(3) Each Executive agency which permits the use of Federal
property for purposes of disposal of solid waste shall insure com-
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pliance with such guidelines and the purposes of this chapter in •
the disposal of such waste. ^^
(4) The President shall prescribe regulations to carry out this
subsection. M
(b) Each Executive agency which issues any license or permit •§
for disposal of solid waste shall, prior to the issuance of such
license or permit, consult with the Secretary to insure compliance ••
with guidelines recommended under section 3254c of this title •
and the purposes of this chapter.
Pub.L. 89-272, Title II, § 211, as added Pub.L. 91-512, Title I, —
§ 104(b), Oct. 26,1970, 84 Stat. 1233. •
§ 3254f. National disposal sites study for the storage and dis-
posal of hazardous wastes urn
The Secretary shall submit to the Congress no later than two •
years after October 26, 1970, a comprehensive report and plan
for the creation of a system of national disposal sites for the
storage and disposal of hazardous wastes, including radioactive,
toxic chemical, biological, and other wastes which may endanger
public health or welfare. Such report shall include: (1) a list of
materials which should be subject to disposal in any such site;
(2) current methods of disposal of such materials; (3) recom-
mended methods of reduction, neutralization, recovery, or dis-
posal of such materials; (4) an inventory of possible sites includ-
ing existing land or water disposal sites operated or licensed by
Federal agencies; (5) an estimate of the cost of developing and
maintaining sites including consideration of means for distrib-
uting the short- and long-term costs of operating such sites among
the users thereof; and (6) such other information as may be
appropriate.
Pub.L. 89-272, Title II, § 212, as added Pub.L. 91-512, Title I,
§ 104(b), Oct. 26, 1970, 84 Stat. 1233.
§ 3255. Repealed. Pub.L. 91-512, Title I, § 104(a), Oct. 26,1970,
84 Stat. 1228 •
§ 3256. Labor standards
No grant for a project of construction under this chapter shall _
be made unless the Secretary finds that the application contains •
or is supported by reasonable assurance that all laborers and ^
mechanics employed by contractors or subcontractors on projects
of the type covered by the Davis-Bacon Act, as amended, will be
paid wages at rates not less than those prevailing on similar work
in the locality as determined by the Secretary of Labor in
accordance with that Act; and the Secretary of Labor shall have mm
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with respect to the labor standards specified in this section the
authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 and section 276c of Title 40.
Pub.L. 89-272, Title II, § 213, formerly § 207, Oct. 20,1965,79 Stat.
1000, renumbered Pub.L. 91-512, Title I, § 104(b), Oct. 26,1970, 84
Stat. 1229.
§ 3257. Authorities and responsibilities under other laws not
affected
This chapter shall not be construed as superseding or limiting
the authorities and responsibilities, under any other provisions
of law, of the Secretary of Health, Education, and Welfare, the
Secretary of the Interior, or any other Federal officer,
department, or agency.
Pub.L. 89-272, Title II, § 214, formerly § 208, Oct. 20,1965,79 Stat.
1000, renumbered Pub.L. 91-512, Title I, § 104(b), Oct. 26,1970,84
Stat. 1229.
§ 3258. General provisions
(a) Payments of grants under this chapter may be made
(after necessary adjustment on account of previously made
underpayments or overpayments) in advance or by way of
reimbursement, and in such installments and on such conditions
as the Secretary may determine.
(b) No grant may be made under this chapter to any private
profit-making organization.
Pub.L. 89-272, Title II, § 215, formerly § 209, Oct. 20,1965, 79 Stat.
1001, renumbered and amended Pub.L. 91-512, Title I, § 104(b),
(c), Oct. 26, 1970, 84 Stat. 1229, 1233, 1234.
§ 3259. Authorization of appropriations
(a) (1) There are authorized to be appropriated to the
Secretary of Health, Education, and Welfare for carrying out the
provisions of this chapter (including, but not limited to, section
3254b of this title), not to exceed $41,500,000 for the fiscal year
ending June 30, 1971.
(2) There are authorized to be appropriated to the
Administrator of the Environmental Protection Agency to carry
out the provisions of this chapter, other than section 3254b of this
title, not to exceed $72,000,000 for the fiscal year ending June 30,
1972, not to exceed $76,000,000 for the fiscal year ending June 30,
1973, and not to exceed $76,000,000 for the fiscal year ending June
30, 1974.
(3) There are authorized to be appropriated to the
Administrator of the Environmental Protection Agency to carry
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out section 3254b of this title not to exceed $80,000,000 for the •
fiscal year ending June 30, 1972, not to exceed $140,000,000 for ™
the fiscal year ending June 30, 1973, and not to exceed
$140,000,000 for the fiscal year ending June 30, 1974.
(b) There are authorized to be appropriated to the Secretary
of the Interior to carry out this chapter not to exceed $8,750,000
for the fiscal year ending June 30,1971, not to exceed $20,000,000
for the fiscal year ending June 30,1972, not to exceed $22,500,000
for the fiscal year ending June 30, 1973, and not to exceed
$22,500,000 for the fiscal year ending June 30, 1974. Prior to —
expending any funds authorized to be appropriated by this WM
subsection, the Secretary of the Interior shall consult with the ™
Secretary of Health, Education, and Welfare to assure that the
expenditure of such funds will be consistent with the purposes of Hj
this chapter. H
(c) Such portion as the Secretary may determine, but not
more than 1 per centum, of any appropriation for grants, mm
contracts, or other payments under any provision of this chapter •
for any fiscal year beginning after June 30, 1970, shall be
available for evaluation (directly, or by grants or contracts) of
any program authorized by this chapter.
(d) Sums appropriated under this section shall remain
available until expended.
Pub.L. 89-272, Title II, § 216, formerly § 210, Oct. 20,1965,79 Stat.
1001, amended Pub.L. 90-574, Title V, § 506, Oct. 15,1968, 82 Stat.
1013, renumbered and amended Pub.L. 91-512, Title I, §§ 104(b),
105, Oct. 26, 1970, 84 Stat. 1229, 1234, as amended, Pub.L. 93-14,
Apr. 9, 1973, 87 Stat. 11.
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CONTRACTS: ACQUISITION, CONTRUCTION, OR
FURNISHING OP TEST FACILITIES AND EQUIPMENT
10 § 2353
(a) A contract of a military department for research or devel-
opment, or both, may provide for the acquisition or construction
by, or furnishing to, the contractor, of research, developmental,
or test facilities and equipment that the Secretary of the military
department concerned determines to be necessary for the per-
formance of the contract. The facilities and equipment, and spe-
cialized housing for them, may be acquired or constructed at the
expense of the United States, and may be lent or leased to the
contractor with or without reimbursement, or may be sold to him
at fair value. This subsection does not authorize new construc-
tion or improvements having general utility.
(b) Facilities that would not be readily removable or separa-
ble without unreasonable expense or unreasonable loss of value
may not be installed or constructed under this section on prop-
erty not owned by the United States, unless the contract
contains—
(1) a provision for reimbursing the United States for the
fair value of the facilities at the completion or termination
of the contract or within a reasonable time thereafter;
(2) an option in the United States to acquire the under-
lying land; or
(3) an alternative provision that the Secretary concerned
considers to be adequate to protect the interests of the United
States in the facilities.
(c) Proceeds of sales or reimbursements under this section
shall be paid into the Treasury as miscellaneous receipts, except
to the extent otherwise authorized by law with respect to prop-
erty acquired by the contractor. Aug. 10, 1956, c. 1041, 70A
Stat. 134.
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THE HOUSING ACT OF 1954
§ 461. Comprehensive planning—Grants by Secretary; authori-
zation
(a) In order to assist State and local governments in solving
planning problems, including those resulting from the increasing
concentration of population in metropolitan and other urban
areas and the out-migration from and lack of coordinated devel-
opment of resources and services in rural areas; to facilitate com-
prehensive planning for urban and rural development, including
coordinated transportation systems, on a continuing basis by such
governments; and to encourage such governments to establish and
improve planning staffs and techniques on an areawide basis,
and to engage private consultants where their professional serv-
ices are deemed appropriate by the assisted governments, the Sec-
retary is authorized to make planning grants to—
(1) State planning agencies for the provision of planning
assistance to (A) cities and other municipalities having a
population of less than 50,000 according to the latest decen-
nial census, and counties without regard to population: Pro-
vided, That grants shall be made under this paragraph for
planning assistance to counties having a population of 50,000
or more, according to the latest decennial census, which are
with metropolitan areas, only if (i) the Secretary finds that
planning and plans for such county will be coordinated with
the program of comprehensive planning, if any, which is
being carried out for the metropolitan area of which the
county is a part, and (ii) the aggregate amount of the grants
made subject to this proviso does not exceed 15 per centum
of the aggregate amount appropriated, after September 2,
1964, for the purposes of this section, (B) any group of
adjacent communities, either incorporated or unincorporated,
having a total population of less than 50,000 according to the
latest decennial census and having common or related urban
planning problems, (C) cities, other municipalities, and
counties referred to in paragraph (3) of this subsection,
and areas referred to in paragraph (4) of this subsection,
and (D) Indian reservations;
(2) State, metropolitan, and regional planning agencies
for metropolitan or regional planning, and to cities, within
metropolitan areas, for planning which is part of compre-
hensive metropolitan planning and which shall supplement
and be coordinated with State, metropolitan, and regional
planning;
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40 § 461 EPA CURRENT LAWS—SOLID WASTE
(3) (A) economic development districts designated by the •
Secretary of Commerce under title IV of the Public Works
and Economic Development Act of 1965, and
(B) cities, other municipalities, and counties which (i)
are situated in redevelopment areas or economic development
districts designated by the Secretary of Commerce under _
title IV of the Public Works and Economic Development Act I
of 1965, or (ii) have suffered substantial damage as a result ™
of a major disaster as determined by the President pursuant
to the Disaster Relief Act of 1970; •
(4) official governmental planning agencies for areas •
where rapid urbanization has resulted or is expected to
result from the establishment or rapid and substantial expan-
sion of a Federal installation, or for areas where rapid
urbanization is expected to result on land developed or to be
developed as a new community under section 1749cc—1 of .
Title 12 or title IV of the Housing and Urban Development H
Act of 1968 or under part B of the Urban Growth and New ™
Community Development Act of 1970;
(5) States for State and interstate comprehensive plan- H
ning and for research and coordination activity related
thereto, including technical and other assistance for the
establishment and operation of intrastate and interstate H
planning agencies; mm
(6) State planning agencies for assistance to district plan-
ning, or planning for areas within districts, carried on by •
or for district planning agencies; •
(7) metropolitan and regional planning agencies, with the
approval of the State planning agency or (in States where no
such planning agency exists) of the Governor of the State,
for the provision of planning assistance within the metro-
politan area or region to cities, other municipalities, coun- •
ties, groups of adjacent communities, or Indian reservations H
described in clauses (A), (B), (C), and (D) of paragraph
(1) of this subsection;
(8) official governmental planning agencies for any area •
where there has occurred a substantial reduction in employ-
ment opportunities as the result of (A) the closing (in whole
or in part) of a Federal installation, or (B) a decline in the H
volume of Government orders for the procurement of articles •
or materials produced or manufactured in such area ;
(9) tribal planning councils or other tribal bodies desig- H
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HOUSING ACT OF 1954 40 § 461
nated by the Secretary of the Interior for planning for an
Indian reservation;
(10) the various regional commissions established by the
Appalachian Regional Development Act of 1965 or under
the Public Works and Economic Development Act of 1965
for comprehensive planning for the regions established under
such Acts (or State agencies or instrumentalities participat-
ing in such planning) ; and
(11) local development districts, certified under section
301 of the Appalachian Regional Development Act of 1965,
for comprehensive planning for their entire areas, or for
metropolitan planning, urban planning, county planning, or
small muncipality planning within such areas in the Appa-
lachian region, and for planning for Appalachian regional
programs.
Planning assisted under this section shall, to the maximum extent
feasible, cover entire areas having common or related develop-
ment problems. The Secretary shall encourage cooperation in pre-
paring and carrying out plans among all interested municipali-
ties, political subdivisions, public agencies, and other parties in
order to achieve coordinated development of entire areas. To the
maximum extent feasible, pertinent plans and studies already
made for areas shall be utilized so as to avoid unnecessary repeti-
tion of effort and expense. Planning which may be assisted under
this section includes the preparation of comprehensive transpor-
tation surveys, studies, and plans to aid in solving problems of
traffic congestion, facilitating the circulation of people and goods
in metropolitan and other areas and reducing transportation
needs. Planning carried out with assistance under this section
shall also include a housing element as part of the preparation of
comprehensive land use plans, and this consideration of the hous-
ing needs and land use requirements for housing in each com-
prehensive plan shall take into account all available evidence of
the assumptions and statistical bases upon which the projection
of zoning, community facilities, and population growth is based,
so that the housing needs of both the region and the local com-
munities studied in the planning will be adequately covered in
terms of existing and prospective in-migrant population growth.
Funds available under this section shall be in addition to and
may be used jointly with funds available for planning surveys
and investigations under other federally aided programs, and
nothing contained in this section shall be construed as affecting
the authority of the Secretary of Transportation under section
307 of Title 23.
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40 § 461 EPA CURRENT LAWS—SOLID WASTE
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Maximum amount of grant; terms and conditions; advances or progress pay-
ments; appropriations; grants for research on State statutes affecting local
governments
(b) A planning grant made under subsection (a) of this sec-
tion shall not exceed two-thirds of the estimated cost of the work
for which the grant is made: Provided, That such a grant may be
made for up to 75 per centum of such estimated cost when made
for planning primarily for (1) redevelopment areas, local devel-
opment districts, or economic development districts, or portions
thereof, described in paragraph (3) (A) and (B) (i) and para-
graph (11) of subsection (a) of this section, (2) areas described
in subsection (a) (4) or subsection (a) (8) of this section, and
(3) the various regions, as described in subsection (a) (10) of
this section. All grants made under this section shall be subject to
terms and conditions prescribed by the Secretary. Except for plan-
ning for areas described in subsection (a) (4) of this section, no
portion of any grant made under this section shall be used for the
preparation of plans for specific public works. The Secretary is
authorized, notwithstanding the provisions of section 529 of Title
31, to make advance or progress payments on account of any grant
made under this section. There are authorized to be appropriated •
for the purposes of this section not to exceed $265,000,000 prior to •
July 1, 1969, and not to exceed $420,000,000 prior to July 1, 1972.
Of the amount available prior to July 1, 1969, $20,000,000 may be
used only for district planning grants under subsection (a) (6) of
this section, which amount shall be increased by $10,000,000 on
July 1, 1969. Any amounts appropriated under this section shall
remain available until expended: Provided, That, of any funds
appropriated under this section, not to exceed an aggregate of
$10,000,000 plus 5 per centum of the funds so appropriated may
be used by the Secretary for studies, research, and demonstration
projects, undertaken independently or by contract, for the devel-
opment and improvement of techniques and methods for compre-
hensive planning and for the advancement of the purposes of this
section, and for grants to assist in the conduct of studies and re-
search relating to needed revisions in State statutes which create,
govern, or control local governments and local governmental oper-
ations.
Encouragement of planning on a unified regional,
district, or metropolitan basis
(c) The Secretary is authorized, in areas embracing several
municipalities or other political subdivisions, to encourage plan-
ning on a unified regional, district, or metropolitan basis and to
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HOUSING ACT OP 1954 40 § 461
provide technical assistance for such planning and the solution of
problems relating thereto.
Comprehensive planning
(d) It is the further intent of this section to encourage compre-
hensive planning, including transportation planning, for States,
cities, counties, metropolitan areas, districts, regions, and Indian
reservations and the establishment and development of the organi-
zational units needed therefor. In extending financial assistance
under this section, the Secretary may require such assurances as
he deems adequate that the appropriate State and local agencies
are making reasonable progress in the development of the ele-
ments of comprehensive planning. The Secretary is authorized to
provide technical assistance to State and local governments and
their agencies and instrumentalities, and to Indian tribal bodies,
undertaking such planning and, by contract or otherwise, to make
studies and publish information on related problems.
Consultation with officials of Federal Government; technical assistance
(e) In the exercise of his responsibilities under this section, the
Secretary shall consult with those officials of the Federal Govern-
ment responsible for the administration of programs of Federal
assistance to the States and municipalities for various categories
of public facilities and other comprehensively planned activities.
He shall, particularly, consult with the Secretary of Agriculture
prior to his approval of any district planning grants under subsec-
tions (a) (6) and (g) of this section, and with the Secretary of
Commerce prior to his approval of any planning grants which in-
clude any part of an economic development district as denned and
designated under the Public Works and Economic Development
Act of 1965. The Secretary of Agriculture and the Secretary of
Commerce, as appropriate, may provide technical assistance, with
or without reimbursement, in connection with the establishment of
districts by the Secretary of Housing and Urban Development and
the carrying out of planning by such districts.
Consent of Congress to agreements or compacts between States for
cooperative efforts and mutual assistance in comprehensive planning
(f) The consent of the Congress is hereby given to any two or
more States to enter into agreements or compacts, not in conflict
with any law of the United States, for cooperative effort and
mutual assistance in the comprehensive planning for the growth
and development of interstate, metropolitan, or other urban areas,
and to establish such agencies, joint or otherwise, as they may
deem desirable for making effective such agreements and com-
pacts.
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40 § 461 EPA CURRENT LAWS—SOLID WASTE
Grants to organizations composed of elected officials representative of political
jurisdictions within metropolitan area, region, or district; studies, data,
plans, programs, related activities; maximum grants
(g) In addition to the planning grants authorized by subsection
(a) of this section, the Secretary is further authorized to make
grants to organizations composed of public officials representative
of the political jurisdictions within the metropolitan area, region,
or district for the purpose of assisting such organizations to
undertake studies, collect data, develop metropolitan, regional, and
district plans and programs, and engage in such other activities,
including implementation of such plans, as the Secretary finds
necessary or desirable for the solution of the metropolitan, re-
gional, or district problems in such areas, regions, or districts. To
the maximum extent feasible, all grants under this subsection shall
be for activities relating to all the developmental aspects of the to-
tal metropolitan area, region, or district including, but not limited
to, land use, transportation, housing, economic development, natu-
ral resources development, community facilities, and the general fl|
improvement of living environments. A grant under this subsection H
shall not exceed two-thirds of the estimated cost of the work for
which the grant is made. H
Grants for surveys of historic structures
(h) In addition to the other grants authorized by this section,
the Secretary is authorized to make grants to assist any city, other
municipality, or county in making a survey of the structures and
sites in such locality which are determined by its appropriate au-
thorities to be of historic or architectural value. Any such survey
shall be designed to identify the historic structures and sites in
the locality, determine the cost of their rehabilitation or restora-
tion, and provide such other information as may be necessary or
appropriate to serve as a foundation for a balanced and effective
program of historic preservation in such locality. The aspects of
any such survey which relate to the identification of historic and
architectural values shall be conducted in accordance with criteria
found by the Secretary to be comparable to those used in establish-
ing the national register maintained by the Secretary of the Inte-
rior under other provisions of law; and the results of each such •
survey shall be made available to the Secretary of the Interior. A •
grant under this subsection shall not exceed two-thirds of the cost
of the survey for which it is made, and shall be made to the appro- •
priate agency or entity specified in paragraphs (1) through (11) •
of subsection (a) of this section or, if there is no such agency or
entity which is qualified and willing to receive the grant and pro-
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HOUSING ACT OF 1954 40 § 461
• vide for its utilization in accordance with this subsection, directly
to the city, other municipality, or county involved.
IB (i) As used in this section—
Definitions
(1) The term "metropolitan area" means a standard metropoli-
tan statistical area, as established by the Bureau of the Budget,
• subject, however, to such modifications or extensions as the Secre-
tary deems to be appropriate for the purposes of this section.
(2) The term "region" includes (A) all or part of the area of
jurisdiction of one or more units of general local government, and
(B) one or more metropolitan areas.
(3) The term "district" includes all or part of the area of juris-
diction of (A) one or more counties, and (B) one or more other
• units of general local government, but does not include any por-
tion of a metropolitan area.
(4) The term "comprehensive planning" includes the follow-
• ing:
(A) preparation, as a guide for governmental policies and
action, of general plans with respect to (i) the pattern and
intensity of land use, (ii) the provision of public facilities
• (including transportation facilities) and other government
services, and (iii) the effective development and utilization
of human and natural resources;
|(B) long-range physical and fiscal plans for such action;
(C) programing of capital improvements and other major
expenditures, based on a determination of relative urgency,
together with definite financing plans for such expenditures
in the earlier years of the program;
(D) coordination of all related plans and activities of the
State and local governments and agencies concerned; and
|(E) preparation of regulatory and administrative meas-
ures in support of the foregoing.
Comprehensive planning for the purposes of districts shall not in-
I elude planning for or assistance to establishments in relocating
from one area to another or assist subcontractors whose purpose
is to divest, or whose economic success is dependent upon divest-
ing, other contractors or subcontractors of contracts theretofore
• customarily performed by them: Provided, That this limitation
shall not be construed to prohibit assistance for the expansion of
an existing business entity through the establishment of a new
branch, affiliate, or subsidiary of such entity, if the Secretary finds
that the establishment of such branch, affiliate, or subsidiary will
not result in an increase in unemployment in the area of original
location or in any other area where such entity conducts business
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40 § 461 EPA CURRENT LAWS—SOLID WASTE
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8
operations, unless the Secretary has reason to believe that such B
branch, affiliate, or subsidiary is being established with the inten- B
tion of closing down the operations of the existing business entity
in the area of its original location or in any other area where it
conducts such operations.
(5) The term "State planning agencies" includes official State
planning agencies and (in States where no such planning agency
exists) agencies or instrumentalities of State government desig-
nated by the Governor of the State and acceptable to the Secretary.
(6) The terms "metropolitan planning agencies", "regional
planning agencies", and "district planning agencies" mean official
metropolitan, regional, and district planning agencies, or other
agencies and instrumentalities designated by the Governor (or
Governors in the case of interstate planning), and acceptable to «
the Secretary, empowered under State or local law or interstate B
compact to perform metropolitan, regional, or district planning,
respectively: Provided, That such agencies and instrumentalities
shall, to the greatest practicable extent, be composed of or respon- B
sible to the elected officials of the unit or units of general local B
government for whose jurisdictions they are empowered to engage
in planning. ••
State, regional, and other multijurisdictional area planning BB
(j) In carrying out the provisions of this section relating to
planning for States, regions, or other multijurisdictional areas
whose development has significance for purposes of national
growth and urban development objectives, the Secretary shall en-
courage the formulation of plans and programs which will include
the studies, criteria, standards, and implementing procedures nee-
essary for effectively guiding and controlling major decisions as to
where growth should take place within such States, regions, or
areas. Such plans and programs shall take account of the avail-
ability of and need for conserving land and other irreplaceable
natural resources; of projected changes in size, movement, and
composition of population; of the necessity for expanding housing «
and employment opportunities; of the opportunities, requirements, B
and possible locations for, new communities and large-scale proj-
ects for expanding or revitalizing existing communities; and of
the need for methods of achieving modernization, simplification,
and improvements in governmental structures, systems, and pro-
cedures related to growth objectives. If the Secretary determines
that activities otherwise eligible for assistance under this section
are necessary to the development or implementation of such plans
and programs, he may make grants in support of such activities to
any governmental agency or organization of public officials which ^_
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HOUSING ACT OF 1954 40 § 461
he determines is capable of carrying out the planning work in-
volved in an effective and efficient manner and may make such
grants in an amount equal to not more than 75 per centum of the
• cost of such activities.
Aug. 2, 1954, c. 649, Title VII, § 701, 68 Stat. 640 ; Aug. 7, 1956,
c. 1029, Title III, §§ 307 (d), 308, 70 Stat. 1102; July 12, 1957,
Pub.L. 85-104, Title VI, § 606, 71 Stat. 305; Sept. 23, 1959, Pub.L.
86-372, Title IV, § 419, 73 Stat. 678; May 1, 1961, Pub.L. 87-27,
§ 15, 75 Stat. 58; June 30, 1961, Pub.L. 87-70, Title III, § 310, 75
Stat. 170; Sept. 2, 1964, Pub.L. 88-560, Title III, §§ 314-317, 78
Stat. 792, 793 ; Mar. 9, 1965, Pub.L. 89-4, Title II, § 213, 79 Stat.
17; Aug. 10, 1965, Pub.L. 89-117, Title XI, § 1102, 79 Stat. 502;
Nov. 3, 1966, Pub.L. 89-754, Title IV, § 406, Title VI, § 604, Title
X, § 1008, 80 Stat. 1273, 1279, 1286 ; May 25, 1967, Pub.L. 90-
19, § 10 (a), 81 Stat. 22; Oct. 11, 1967, Pub.L. 90-103, Title I,
§ 115, 81 Stat. 262; Aug. 1, 1968, Pub.L. 90-448, Title VI, § 601,
82 Stat. 526; Dec. 31, 1970, Pub.L. 91-606, Title III, § 301 (a), 84
Stat. 1758; and amended Dec. 31, 1970, Pub.L. 91-609, Title III,
§ 302, Title VII, §§ 727 (e), 735, 84 Stat. 1780, 1803, 1804.
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GOVERNMENT ORGANIZATION
5 § 105. Executive agency
For the purpose of this title, "Executive agency" means an
Executive department, a Government corporation, and an inde-
pendent establishment. Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 379.
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THE DAVIS-BACON ACT
§ 276a. Rate of wages for laborers and mechanics
(a) The advertised specifications for every contract in excess
of $2,000, to which the United States or the District of Columbia
is a party, for construction, alteration, and/or repair, including
painting and decorating, of public buildings or public works of the
United States or the District of Columbia within the geographical
limits of the States of the Union, or the District of Columbia, and
which requires or involves the employment of mechanics and/or
laborers shall contain a provision stating the minimum wages to
be paid various classes of laborers and mechanics which shall be
based upon the wages that will be determined by the Secretary of
Labor to be prevailing for the corresponding classes of laborers
and mechanics employed on projects of a character similar to the
contract work in the city, town, village, or other civil subdivision
of the State, in which the work is to be performed, or in the Dis-
trict of Columbia if the work is to be performed there; and every
contract based upon these specifications shall contain a stipulation
that the contractor or his subcontractor shall pay all mechanics
and laborers employed directly upon the site of the work, uncondi-
tionally and not less often than once a week, and without subse-
quent deduction or rebate on any account, the full amounts accrued
at time of payment, computed at wage rates not less than those
stated in the advertised specifications, regardless of any contrac-
tual relationship which may be alleged to exist between the con-
tractor or subcontractor and such laborers and mechanics, and
• that the scale of wages to be paid shall be posted by the contractor
in a prominent and easily accessible place at the site of the work;
and the further stipulation that there may be withheld from the
contractor so much of accrued payments as may be considered
necessary by the contracting officer to pay to laborers and me-
chanics employed by the contractor or any subcontractor on the
work the difference between the rates of wages required by the
contract to be paid laborers and mechanics on the work and the
rates of wages received by such laborers and mechanics and not
refunded to the contractor, subcontractors, or their agents.
(b) As used in sections 276a to 276a—5 of this title the term
"wages", "scale of wages", "wage rates", "minimum wages", and
"prevailing wages" shall include—
(1) the basic hourly rate of pay; and
(2) the amount of—
(A) the rate of contribution irrevocably made by a
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40 § 276a EPA CURRENT LAWS—SOLID WASTE ™
contractor or subcontractor to a trustee or to a third II
person pursuant to a fund, plan, or program; and H
(B) the rate of costs to the contractor or subcontrac-
tor which may be reasonably anticipated in providing
benefits to laborers and mechanics pursuant to an en-
forcible commitment to carry out a financially respon-
sible plan or program which was communicated in writ-
ing to the laborers and mechanics affected,
for medical or hospital care, pensions on retirement or death,
compensation for injuries or illness resulting from occupa-
tional activity, or insurance to provide any of the foregoing,
for unemployment benefits, life insurance, disability and sick-
ness insurance, or accident insurance, for vacation and holi-
day pay, for defraying costs of apprenticeship or other simi-
lar programs, or for other bona fide fringe benefits, but only
where the contractor or subcontractor is not required by
other Federal, State, or local law to provide any of such
benefits:
Provided, That the obligation of a contractor or subcontractor to
make payment in accordance with the prevailing wage determina-
tions of the Secretary of Labor, insofar as sections 276a to 276a—5
of this title and other Acts incorporating sections 276a to 276a—5
of this title by reference are concerned may be discharged by the
making of payments in cash, by the making of contributions of a
type referred to in paragraph (2) (A), or by the assumption of an
enforcible commitment to bear the costs of a plan or program of a
type referred to in paragraph (2) (B), or any combination
thereof, where the aggregate of any such payments, contributions,
and costs is not less than the rate of pay described in paragraph
(1) plus the amount referred to in paragraph (2).
In determining the overtime pay to which the laborer or me- flfe
chanic is entitled under any Federal law, his regular or basic |jj|
hourly rate of pay (or other alternative rate upon which premium
rate of overtime compensation is computed) shall be deemed to be g^
the rate computed under paragraph (1), except that where the •
amount of payments, contributions, or costs incurred with respect
to him exceeds the prevailing wage applicable to him under sec-
tions 276a to 276a—5 of this title, such regular or basic hourly rate
of pay (or such other alternative rate) shall be arrived at by de-
ducting from the amount of payments, contributions, or costs
actually incurred with respect to him, the amount of contributions
or costs of the types described in paragraph (2) actually incurred
with respect to him, or the amount determined under paragraph
(2) but not actually paid, whichever amount is the greater. _
9. •
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DAVIS BACON ACT 40 § 276a
Mar. 3, 1931, c. 411, § 1, 46 Stat. 1494; Aug. 30, 1935, c. 825, 49
Stat. 1011; June 15, 1940, c. 373, § 1, 54 Stat. 399; July 12, 1960,
Pub.L. 86-624, § 26, 74 Stat. 418; July 2, 1964, Pub.L. 88-349, § 1,
78 Stat. 238.
§ 276a—1. Termination of work on failure to pay agreed wages;
completion of work by Government
Every contract within the scope of section 276a to 276a—5 of
this title shall contain the further provision that in the event it is
found by the contracting officer that any laborer or mechanic em-
ployed by the contractor or any subcontractor directly on the site
of the work covered by the contract has been or is being paid a rate
of wages less than the rate of wages required by the contract to
be paid as aforesaid, the Government may, by written notice to the
contractor, terminate his right to proceed with the work or such
part of the work as to which there has been a failure to pay said
required wages and to prosecute the work to completion by con-
tract or otherwise, and the contractor and his sureties shall be
liable to the Government for any excess costs occasioned the Gov-
ernment thereby.
Mar. 3, 1931, c. 411, § 2, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
§ 276a—2. Payment of wages by Comptroller General from
withheld payments; listing contractors violating contracts
(a) The Comptroller General of the United States is authorized
and directed to pay directly to laborers and mechanics from any
accrued payments withheld under the terms of the contract any
wages found to be due laborers and mechanics pursuant to sections
276a to 276a—5 of this title; and the Comptroller General of the
United States is further authorized and is directed to distribute a
list to all departments of the Government giving the names of per-
sons or firms whom he has found to have disregarded their obliga-
tions to employees and subcontractors. No contract shall be
awarded to the persons or firms appearing on this list or to any
firm, corporation, partnership, or association in which such per-
sons or firms have an interest until three years have elapsed from
the date of publication of the list containing the names of such
persons or firms.
(b) If the accrued payments withheld under the terms of the
contract, as aforesaid, are insufficient to reimburse all the laborers
and mechanics, with respect to whom there has been a failure to
pay the wages required pursuant to section 276a to 276a—5 of this
title, such laborers and mechanics shall have the right of action
and/or of intervention against the contractor and his sureties con-
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40 § 276a—2 EPA CURRENT LAWS—SOLID WASTE *
ferred by law upon persons furnishing labor or materials, and in fl|
such proceedings it shall be no defense that such laborers and HK- •
chanics accepted or agreed to accept less than the required rate of
wages or voluntarily made refunds. M
Mar. 3, 1931, c. 411, § 3, as added Aug. 30, 1935, c. 825, 49 Stat. •
1011.
§ 276a—3. Effect on other Federal laws
Sections 276a to 276a—5 of this title shall not be construed to
supersede or impair any authority otherwise granted by Federal
law to provide for the establishment of specific wage rates.
Mar. 3, 1931, c. 411, § 4, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
§ 276a—4. Effective date of sections 276a to 276a—5
Sections 276a to 276a—5 of this title shall take effect thirty days
after August 30, 1935, but shall not affect any contract then exist-
ing or any contract that may thereafter be entered into pursuant
to invitations for bids that are outstanding on August 30, 1935.
Mar. 3, 1931, c. 411, § 5, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
§ 276a-
emergency
In the event of a national emergency the President is authorized
to suspend the provisions of sections 276a to 276a—5 of this title.
Mar. 3, 1931, c. 411, § 6, as added Aug. 30, 1935, c. 825, 49 Stat.
1011.
5. Suspension of sections 276a to 276a—5 during •
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REORGANIZATION PLAN NO. 14 OF 1950
Prepared by the President and transmitted to the Senate and the House of
{Representatives in Congress assembled, March 13, 1950, pursuant to the
provisions of the Reorganization Act of 1949, approved June 20, 1949.
LABOR STANDARDS ENFORCEMENT
In order to assure coordination of administration and consist-
ency of enforcement of the labor standards provisions of each of
the following Acts by the Federal agencies responsible for the
administration thereof, the Secretary of Labor shall prescribe
appropriate standards, regulations, and procedures, which shall
be observed by these agencies, and cause to be made by the Depart-
ment of Labor such investigations, with respect to compliance
with and enforcement of such labor standards, as he deems desir-
able, namely: (a) The Act of March 3, 1931 (46 Stat. 1494, ch.
411), as amended; (b) the Act of June 13, 1934 (48 Stat. 948, ch.
482) ; (c) the Act of August 1, 1892 (27 Stat. 340, ch. 352), as
amended; (d) the Act of June 19, 1912 (37 Stat. 137, ch. 174), as
amended; (e) the Act of June 3, 1939 (53 Stat. 804, ch. 175), as
amended; (f) the Act of August 13, 1946 (60 Stat. 1040, ch. 958) ;
(g) the Act of May 13, 1946 (60 Stat. 170, ch. 251), as amended;
and (h) the Act of July 15, 1949, ch. 338, Public Law 171, 81st
Congress, First Session.
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REGULATIONS GOVERNING CONTRACTORS AND
SUBCONTRACTORS
40 § 276c. Regulations governing contractors and subcontractors
The Secretary of Labor shall make reasonable regulations for con-
tractors and subcontractors engaged in the construction, prosecu-
tion, completion or repair of public buildings, public works or
buildings or works financed in whole or in part by loans or grants
from the United States, including a provision that each contractor
and subcontractor shall furnish weekly a statement with respect
to the wages paid each employee during the preceding week. Sec-
tion 1001 of Title 18 shall apply to such statements.
June 13, 1934, c. 482, § 2, 48 Stat. 948; May 24, 1949, c. 139,
§ 134, 63 Stat. 108; Aug. 28, 1958, Pub.L. 85-800, § 12, 72 Stat. 967.
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EPA CURRENT LAWS—SOLID WASTE
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^^ 1.8 Amortization of Pollution Control Facilities, as
• amended, 26 U.S.C. §169 (1969).
[See, "General 1.4", for text]
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INTEREST ON CERTAIN GOVERNMENT OBLIGATIONS
EPA CURRENT LAWS—SOLID WASTE
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1.9 Interest on Certain Government Obligations, as
_ amended, 26 U.S.C. §103 (1969).
[See, "General 1.9", for text]
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EPA CURRENT LAWS—PESTICIDES
1. Statutes
1.1 The Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7
U.S.C. §§135—135k, 136—136y (1972).
1.2 The Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. §§346,
346a, 348 (1972).
1.3 Studies of Effects in Use of Chemicals, as amended, 16 U.S.C. §742d—1
(1968).
1.4 The Public Health Service Act, as amended, 42 U.S.C. §§241, 243,246,264
(1973).
1.5 Special Packaging of Household Substances for Protection of Children,
15 U.S.C. §1471 et seq. (1970).
1.6 Hearings; Presiding Employees; Powers and Duties; Burden of Proof;
Evidence; Record as a Basis of Decisions, 5 U.S.C. §556(c) (1966).
1.7 Record on Review and Enforcement of Agency Orders, as amended, 28
U.S.C. §2112 (1966).
[Referred to in 7 U.S.C. §135b(d), 21 U.S.C. §§346a(i)(2), (3), 348(g)(2), 15
U.S.C. §1474(b)(5)]
1.8 Courts of Appeals; Certiorari; Appeal; Certified Questions, as amended,
28 U.S.C. §1254 (1948).
[Referred to in 7 U.S.C. §135b(d), 21 U.S.C. §§346a(i)(5), 348(g)(5) 15
U.S.C. §1474(b)(5)]
1.9 Adulterated Food, as amended, 21 U.S.C. §342(a) (1968).
[Referred to in 21 U.S.C. §§346, 346(a), 348(a)(2)]
1.10 Listings and Certification of Color Additives for Food, Drugs, and
Cosmetics—Unsafe Color Additives, as amended, 21 U.S.C. §376(b)(5)(D)
(1970).
[Referred to in 21 U.S.C. §346a(g)]
1.11 Regulations and Hearings—Authority to Promulgate Regulations, 21
U.S.C. §371 (1960).
[Referred to in 21 U.S.C. §346a (k), 15 U.S.C. §1474(a)]
1.12 Penalties—Violation of Section 331 of this Title, 21 U.S.C. §333(c) (1970).
[Referred to in 21 U.S.C. §346a(n)]
1.13 Research and Development Act, Contracts, as amended, 10 U.S.C. §§2353,
2354 (1965).
[Referred to in 42 U.S.C. §241(h)]
1.14 Rule Making, Administrative Procedure, as revised, 5 U.S.C. §553 (1966).
[Referred to in 15 U.S.C. §147(a), (b)]
1.15 Judicial Review, Relief Pending Review, Scope, as revised, 5 U.S.C. §§705,
706(2)(A), (B), (C), (D) (1966).
[Referred to in 15 U.S.C. §1474(b)(3), (4)]
74 Rev.-271
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1.16 Per Diem, Travel and Transportation Expenses; Experts and
Consultants; Individuals Serving Without Pay, as amended, 5 U.S.C.
§5703 (1966).
[Referred to in 15 U.S.C. §1475(b)]
1.17 Federal Water Pollution Control Act, as amended, 33 U.S.C. §1254(/)
(1972).
1.18 Interest on Certain Government Obligations, as amended, 16 U.S.C. §103
(1969).
1.19 Amortization of Pollution Control Facilities, as amended, 26 U.S.C. §169
(1969).
2. Executive Orders
2.1 E.0.11643, Environmental Safeguards on Activities for Animal Damage
Control on Federal Lands, February 9, 1972, 37 Fed. Reg. 2875 (1972).
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EPA CURRENT LAWS—PESTICIDES
1. Statutes
1.1 The Federal Insecticide, Fungicide, and Rodenticide Act, as amended, 7
U.S.C. §§135—135k, 136—136y (1972).
1.2 The Federal Food, Drug, and Cosmetic Act, as amended, 21 U.S.C. §§346,
346a, 348 (1972).
1.3 Studies of Effects in Use of Chemicals, as amended, 16 U.S.C. §742d—1
(1968).
1.4 The Public Health Service Act, as amended, 42 U.S.C. §§241,243,246,264
(1973).
1.5 Special Packaging of Household Substances for Protection of Children,
15 U.S.C. §1471 et seq. (1970).
1.6 Hearings; Presiding Employees; Powers and Duties; Burden of Proof;
Evidence; Record as a Basis of Decisions, 5 U.S.C. §556(c) (1966).
1.7 Record on Review and Enforcement of Agency Orders, as amended, 28
U.S.C. §2112 (1966).
[Referred to in 7 U.S.C. §135b(d), 21 U.S.C. §§346a(i)(2), (3), 348(g)(2), 15
U.S.C. §1474(b)(5)]
1.8 Courts of Appeals; Certiorari; Appeal; Certified Questions, as amended,
28 U.S.C. §1254 (1948).
[Referred to in 7 U.S.C. §135b(d), 21 U.S.C. §§346a(i)(5), 348(g)(5), 15
U.S.C. §1474(b)(5)]
1.9 Adulterated Food, as amended, 21 U.S.C. §342(a) (1968).
[Referred to in 21 U.S.C. §§346, 346(a), 348(a)(2)]
1.10 Listings and Certification of Color Additives for Food, Drugs, and
Cosmetics—Unsafe Color Additives, as amended, 21 U.S.C. §376(b)(5)(D)
(1970).
[Referred to in 21 U.S.C. §346a(g)]
1.11 Regulations and Hearings—Authority to Promulgate Regulations, 21
U.S.C. §371 (I960).
[Referred to in 21 U.S.C. §346a(k), 15 U.S.C. §147(a)]
1.12 Penalties—Violation of Section 331 of this Title, 21 U.S.C. §333(c) (1970).
[Referred to in 21 U.S.C. §346a(n)]
1.13 Research and Development Act, Contracts, as amended, 10 U.S.C. §§2353,
2354 (1965).
[Referred to in 42 U.S.C. §241(h)]
1.14 Rule Making, Administrative Procedure, as revised, 5 U.S.C. §553 (1966).
[Referred to in 15 U.S.C. §1474(a), (b)]
1.15 Judicial Review, Relief Pending Review, Scope, as revised, 5 U.S.C. §§705,
706(2)(A), (B), (C), (D) (1966).
[Referred to in 15 U.S.C. §1474(b)(3), (4)]
74 Rev.-273
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1.16 Per Diem, Travel and Transportation Expenses; Experts and
Consultants; Individuals Serving Without Pay, as amended, 5 U.S.C.
§5703 (1966).
[Referred to in 15 U.S.C. §1475(b)]
1.17 Federal Water Pollution Control Act, as amended, 33 U.S.C. §1254(/)
(1972).
1.18 Interest on Certain Government Obligations, as amended, 16 U.S.C. §103
(1969).
1.19 Amortization of Pollution Control Facilities, as amended, 26 U.S.C. §169
(1969).
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THE FEDERAL INSECTICIDE, FUNGICIDE,
AND RODENTICIDE ACT
Parallel Citations
SMutes At Large § 7 US.C. § Statutes At Large § 7 U3.C. §
2 135 8 135£
3 135a 9 135g
4 135b 10 135h
5 135c 11 135i
6 135d 12 185j
7 135e 13 135k
§ 135. Definitions
For the purposes of sections 135-135k of this title—
(a) The term "economic poison" means (1) any substance or
mixture of substances intended for preventing, destroying, re-
pelling, or mitigating any insects, rodents, nematodes, fungi,
weeds, and other forms of plant or animal life or viruses, except
viruses on or in living man or other animals, which the Secretary
shall declare to be a pest, and
(2) any substance or mixture of substances intended for use as
a plant regulator, defoliant or desiccant.
(b) The term "device" means any instrument or contrivance
intended for trapping, destroying, repelling, or mitigating insects
or rodents or destroying, repelling, or mitigating fungi, nema-
todes, or such other pests as may be designated by the Secretary,
but not including equipment used for the application of economic
poisons when sold separately therefrom.
(c) The term "insecticide" means any substance or mixture of
substances intended for preventing, destroying, repelling or miti-
gating any insects which may be present in any environment
whatsoever.
(d) The term "fungicide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or miti-
gating any fungi.
(e) The term "rodenticide" means any substance or mixture
of substances intended for preventing, destroying, repelling, or
mitigating rodents or any other vertebrate animal which the
Secretary shall declare to be a pest.
(f) The term "herbicide" means any substance or mixture of
substances intended for preventing, destroying, repelling, or miti-
gating any weed.
(g) The term "nematocide" means any substance or mixture
of substances intended for preventing, destroying, repelling, or
mitigating nematodes.
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§ 135 EPA CURRENT LAWS—PESTICIDES
(h) The term "plant regulator" means any substance or mix-
I
ture of substances intended through physiological action, for ac- H
celerating or retarding the rate of growth or rate of maturation,
or for otherwise altering the behavior of ornamental or crop
plants or the produce thereof, but shall not include substances to
the extent that they are intended as plant nutrients, trace ele-
ments, nutritional chemicals, plant inoculants, and soil amend-
ments.
(i) The term "defoliant" means any substance or mixture of
substances intended for causing the leaves or foliage to drop from
a plant, with or without causing abscission.
(j) The term "desiccant" means any substance or mixture of
substances intended for artificially accelerating the drying of
plant tissue.
(k) The term "nematode" means invertebrate animals of the
phylum nemathelminthes and class nematoda, that is, unseg-
mented round worms with elongated, fusiform, or saclike bodies
covered with cuticle, and inhabiting soil, water, plants or plant
parts; may also be called nemas or eelworms.
(1) The term "weed" means any plant which grows where not
wanted.
(m) The term "insect" means any of the numerous small in-
vertebrate animals generally having the body more or less ob-
viously segmented, for the most part belonging to the class in-
secta, comprising six-legged, usually winged forms, as, for ex-
ample, beetles, bugs, bees, flies, and to other allied classes of
arthropods whose members are wingless and usually have more
than six legs, as, for example, spiders, mites, ticks, centipedes,
and wood lice.
(n) The term "fungi" means all non-chlorophyll-bearing thal-
lophytes (that is, all non-chlorophyll-bearing plants of a lower
order than mosses and liverworts) as, for example, rusts, smuts,
mildews, molds, yeasts, and bacteria, except those on or in living
man or other animals.
(o) The term "ingredient statement" means either— •
(1) a statement of the name and percentage of each active •
ingredient, together with the total percentage of the inert in-
gredients, in the economic poison; or mm
(2) a statement of the name of each active ingredient, H
together with the name of each and total percentage of the
inert ingredients, if any there be, in the economic poison
(except option 1 shall apply if the preparation is highly
toxic to man, determined as provided in section 135d of this
title) ;
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FIFRA 7 § 135
and, in addition to (1) or (2) in case the economic poison contains
arsenic in any form, a statement of the percentages of total and
water soluble arsenic, each calculated as elemental arsenio.
(p) The term "active ingredient" means—
(1) in the case of an economic poison other than a plant
regulator, defoliant or desiccant, an ingredient which will
prevent, destroy, repel, or mitigate insects, nematodes, fungi,
rodents, weeds, or other pests;
(2) in the case of a plant regulator, an ingredient which,
through physiological action, will accelerate or retard the
rate of growth or rate of maturation or otherwise alter the
behavior of ornamental or crop plants or the produce thereof;
(3) in the case of a defoliant, an ingredient which will
cause the leaves or foliage to drop from a plant;
(4) in the case of a desiccant, an ingredient which will
artificially accelerate the drying of plant tissue.
(q) The term "inert ingredient" means an ingredient which is
not active.
(r) The term "antidote" means a practical immediate treat-
ment in case of poisoning and includes first-aid treatment.
(s) The term "person" means any individual, partnership, as-
sociation, corporation, or any organized group of persons whether
incorporated or not.
(t) The term "Territory" means any Territory or possession of
the United States, excluding the Canal Zone.
(u) The term "Secretary" means the Secretary of Agriculture.
(v) The term "registrant" means the person registering any
economic poison pursuant to the provisions of sections 135-135k
of this title.
(w) The term "label" means the written, printed, or graphic
matter on, or attached to, the economic poison or device or the
immediate container thereof, and the outside container or wrapper
of the retail package, if any there be, of the economic poison or
device.
(x) The term "labeling" means all labels and other written,
printed, or graphic matter—
(1) upon the economic poison or device or any of its con-
tainers or wrappers;
(2) accompanying the economic poison or device at any
time;
(3) to which reference is made on the label or in literature
accompanying the economic poison or device, except to cur-
rent official publications of the United States Departments of
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under customary conditions of purchase;
(f) if any word, statement, or other information re-
7 § 135 EPA CURRENT LAWS—PESTICIDES
Agriculture and Interior, the United States Public Health H
Service, State experiment stations, State agricultural col- •
leges, and other similar Federal or State institutions or agen-
cies authorized by law to conduct research in the field of
economic poisons.
(y) The term "adulterated" shall apply to any economic poison
if its strength or purity falls below the professed standard or
quality as expressed on its labeling or under which it is sold, or
if any substance has been substituted wholly or in part for the
article, or if any valuable constituent of the article has been
wholly or in part abstracted.
(z) The term "misbranded" shall apply—
(1) to any economic poison or device if its labeling
bears any statement, design, or graphic representation rela-
tive thereto or to its ingredients which is false or misleading
in any particular;
(2) to any economic poison—
(a) if it is an imitation of or is offered for sale under
the name of another economic poison:
(b) if its labeling bears any reference to registration
under sections 135-135k of this title other than the
registration number assigned to the economic poison ;
(c) if the labeling accompanying it does not contain
directions for use which are necessary and if complied
with adequate for the protection of the public ;
(d) if the label does not contain a warning or caution
statement which may be necessary and if complied with
adequate to prevent injury to living man and other
vertebrate animals, vegetation, and useful invertebrate
animals;
(e) if the label does not bear an ingredient statement
on that part of the immediate container and on the out-
side container or wrapper, if there be one, through which
the ingredient statement on the immediate container
cannot be clearly read, of the retail package which is
presented or displayed under customary conditions of
purchase: Provided, That the Secretary may permit the
ingredient statement to appear prominently on some
other part of the container, if the size or form of the
container makes it impracticable to place it on the part
of the retail package which is presented or displayed •
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FIFRA 7 § 135
quired by or under authority of sections 135-135k of this
title to appear on the label or labeling is not prominently
placed thereon with such conspicuousness (as compared
with other wTords, statements, designs, or graphic matter
in the labeling) and in such terms as to render it likely
to be read and understood by the ordinary individual
under customary conditions of purchase and use; or
(g) if in the case of an insecticide, nematocide, fungi-
cide, or herbicide wyhen used as directed or in accordance
with commonly recognized practice it shall be injurious
to living man or other vertebrate animals, or vegetation,
except weeds, to which it is applied, or to the person
applying such economic poison; or
(h) if in the case of a plant regulator, defoliant, or
desiccant when used as directed it shall be injurious to
living man or other vertebrate animals, or vegetation to
which it is applied, or to the person applying such
economic poison: Provided, That physical or physiologi-
cal effects on plants or parts thereof shall not be deemed
to be injury, when this is the purpose for which the
plant regulator, defoliant, or desiccant was applied, in
accordance with the label claims and recommendations;
or
(i) if its packaging or labeling is in violation of an
applicable regulation issued pursuant to section 1472 or
1473 of Title 15.
June 25, 1947, c. 125, § 2, 61 Stat. 163; Aug. 7, 1959, Pub.L. 86-
139. § 2, 73 Stat. 286; May 12, 1964, Pub.L. 88-305, § 1, 78
Stat. 190; and amended Dec. 30, 1970, Pub.L. 91-601, § 7(b), 84
Stat. 1673.
§ 135a. Prohibited acts
(a) It shall be unlawful for any person to distribute, sell, or
offer for sale in any Territory or in the District of Columbia, or
to ship or deliver for shipment from any State, Territory, or the
District of Columbia, to any other State, Territory, or the Dis-
trict of Columbia, or to any foreign country, or to receive in any
State, Territory, or the District of Columbia from any other State,
Territory or the District of Columbia, or foreign country, and
having so received, deliver or offer to deliver in the original un-
broken package to any other person, any of the following:
(1) Any economic poison which is not registered pursuant to
the provisions of section 135b of this title, or any economic poison
if any of the claims made for it or any of the directions for its
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7 § 135a EPA CURRENT LAWS—PESTICIDES
use differ in substance from the representations made in connec-
tion with its registration, or if the composition of an economic
poison differs from its composition as represented in connection
with its registration: Provided, That in the discretion of the Sec-
retary, a change in the labeling or formula of an economic poison
may be made within a registration period without requiring
reregistration of the product.
(2) Any economic poison unless it is in the registrant's or the
manufacturer's unbroken immediate container, and there is af-
fixed to such container, and to the outside container or wrapper
of the retail package, if there be one through which the required
information on the immediate container cannot be clearly read, a
label bearing—
(a) the name and address of the manufacturer, registrant,
or person for whom manufactured;
(b) the name, brand, or trade-mark under which said
article is sold;
(c) the net weight or measure of the content: Provided, •
That the Secretary may permit reasonable variations; and HI
(d) when required by regulation of the Secretary to ef-
fectuate the purposes of sections 135-135k of this title, the
registration number assigned to the article under such sec-
tions.
(3) Any economic poison which contains any substance or sub-
stances in quantities highly toxic to man, determined as provided
in section 135d of this title, unless the label shall bear, in addition
to any other matter required by sections 135-135k of this title—
(a) the skull and crossbones;
(b) the word "poison" prominently (IN RED) on a back-
ground of distinctly contrasting color; and
(c) a statement of an antidote for the economic poison.
(4) The economic poisons commonly known as standard lead
arsenate, basic lead arsenate, calcium arsenate, magnesium ar-
senate, zinc arsenate, zinc arsenite, sodium fluoride, sodium ••
fluosilicate, and barium fluosilicate unless they have been dis- H
tinctly colored or discolored as provided by regulations issued in
accordance with sections 135-135k of this title, or any other white
powder economic poison which the Secretary, after investigation
of and after public hearing on the necessity for such action for
the protection of the public health and the feasibility of such
coloration or discoloration, shall, by regulation, require to be
distinctly colored or discolored, unless it has been so colored or
discolored: Provided, That the Secretary may exempt any eco-
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FIFRA 7 § 135a
nomic poison to the extent that it is intended for a particular use
or uses from the coloring or discoloring required or authorized by
this section if he determines that such coloring or discoloring for
such use or uses is not necessary for the protection of the public
health.
(5) Any economic poison which is adulterated or misbranded
or any device which is misbranded.
(b) Notwithstanding any other provision of sections 135-135k
of this title, no article shall be deemed in violation of said sections
when intended solely for export to any foreign country and pre-
pared or packed according to the specifications or directions of the
foreign purchaser.
(c) It shall be unlawful—
(1) for any person to detach, alter, deface, or destroy, in whole
or in part, any label or labeling provided for in sections 135-135k
of this title or the rules and regulations promulgated hereunder,
or to add any substance to, or take any substance from, an eco-
nomic poison in a manner that may defeat the purpose of said
sections;
(2) for any manufacturer, distributor, dealer, carrier, or other
person to refuse, upon a request in writing specifying the nature
or kind of economic poison or device to which such request re-
lates, to furnish to or permit any person designated by the Secre-
tary to have access to and to copy such records as authorized by
section 135c of this title;
(3) for any person to give a guaranty or undertaking pro-
vided for in section 135e of this title which is false in any particu-
lar, except that a person who receives and relies upon a guaranty
authorized under section 135e of this title may give a guaranty to
the same effect, which guaranty shall contain in addition to his
own name and address the name and address of the person resid-
ing in the United States from whom he received the guaranty or
undertaking; and
(4) for any person to use for his own advantage or to reveal,
other than to the Secretary, or officials or employees of the United
States Department of Agriculture, or other Federal agencies, or
to the courts in response to a subpoena, or to physicians, and
in emergencies to pharmacists and other qualified persons, for use
in the preparation of antidotes, in accordance with such direc-
tions as the Secretary may prescribe, any information relative to
formulas of products acquired by authority of section 135b of this
title. June 25, 1947, c. 125, § 3, 61 Stat. 166; and amended May 12,
1964, Pub.L. 88-305, §§ 2, 6, 78 Stat. 190, 193.
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135b EPA CURRENT LAWS—PESTICIDES
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Submission of formu: registration by Secretary upon compliance with
requirements
(b) The Secretary, whenever he deems it necessary for the
effective administration of sections 135-135k cf this title, may
require the submission of the complete ormula of the economic
poison. If it appears to the Secretary that the composition of the
article is such as to warrant the proposed claims for it and if the
article and its labeling and other material required to be sub-
mitted comply with the requirements of section 135a of this title,
he shall register it.
Notification of noncompliance with requirements; corrections; refusal, sus-
pension or cancellation of registration by Secretary; effective date of
cancellation; advisory committees and procedures; objections; public
hearings; Secretary's orders; Consultation with other agencies; confiden-
tial information; public hazard suspension; orders reviewable; defense
of registration
(c) If it does not appear to the Secretary that the article is such
as to warrant the proposed claims for it or if the article and its
8
§ 135b. Registration of economic poisons—General require- •
ments; single economic poisons; supplement statements; filing
and contents of statements
(a) Every economic poison which is distributed, sold, or of-
fered for sale in any Territory or the District of Columbia, or
which is shipped or delivered for shipment from any State, Ter-
ritory, or the District of Columbia to any other State, Territory,
or the District of Columbia, or which is received from any foreign
country shall be registered with the Secretary: Provided, That
products which have the same formula, are manufactured by the
same person, the labeling of which contains the same claims, and
the labels of which bear a designation identifying the product as
the same economic poison may be registered as a single economic
poison; and additional names and labels shall be added by supple-
ment statements; the applicant for registration shall file with the
Secretary a statement including—
(1) the name and address of the applicant for registration
and the name and address of the person whose name will ap-
pear on the label, if other than the applicant for registration;
(2) the name of the economic poison;
(3) a complete copy of the labeling accompanying the
economic poison and a statement of all claims to be made for
it, including the directions for use; and
(4) if requested by the Secretary, a full description of the
tests made and the results thereof upon which the claims
are based.
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labeling and other material required to be submitted do not com-
ply with the provisions of sectors 135-135k of this title, he shall
notify the applicant for registration of the manner in which the
article, labeling, or other material required to be submitted fail
to comply with said sections so as to afford the applicant for regis-
tration an opportunity to make the corrections necessary. If,
upon receipt of such notice, the applicant for registration does
not make the corrections, the Secretary shall refuse to register
the article. The Secretary, in accordance with the -procedures
specified herein, may suspend or cancel the registration of an
economic poison whenever it does not appear that the article
or its labeling or other material required to be submitted com-
plies with the provisions of sections 135-135k of this title.
Whenever the Secretary refuses registration of an economic poi-
son or determines that registration of an economic poison should
be canceled, he shall notify the applicant for registration or the
registrant of his action and the reasons therefor. Whenever an
application for registration is refused, the applicant, within thirty
days after service of notice of such refusal, may file a petition
requesting that the matter be referred to an advisory committee
or file objections and request a public hearing in accordance with
this section. A cancellation of registration shall be effective thirty
days after service of the foregoing notice unless within such time
the registrant (1) makes the necessary corrections; (2) files a
petition requesting that the matter be referred to an advisory
committee; or (3) files objections and requests a public hearing.
Each advisory committee shall be composed of experts, qualified
in the subject matter and of adequately diversified professional
background selected by the National Academy of Sciences and
shall include one or more representatives from land-grant col-
leges. The size of the committee shall be determined by the Secre-
tary. Members of an advisory committee shall receive as com-
pensation for their services a reasonable per diem, which the Sec-
retary shall by rules and regulations prescribe, for time actually
spent in the work of the committee, and shall in addition be re-
imbursed for their necessary traveling and subsistence expenses
while so serving away from their places of residence, all of
which costs may be assessed against the petitioner, unless the
committee shall recommend in favor of the petitioner or unless
the matter was referred to the advisory committee by the Sec-
retary. The members shall not be subject to any other provisions
of law regarding the appointment and compensation of em-
ployees of the United States. The Secretary shall furnish
the committee with adequate clerical and other assistance, and
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7 § 135b EPA CURRENT LAWS — PESTICIDES
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10
shall by rules and regulations prescribe the procedures to be
followed by the committee. The Secretary shall forthwith sub-
mit to such committee the application for registration of the article
and all relevant data before him. The petitioner, as well as repre- —
sentatives of the United States Department of Agriculture, shall •
have the right to consult, with the advisory committee. As soon ^
as practicable after any such submission, but not later than sixty
days thereafter, unless extended by the Secretary for an addi- flj
tional sixty days, the committee shall, after independent study of Q|
the data submitted by the Secretary and all other pertinent infor-
mation available to it, submit a report and recommendation to •
the Secretary as to the registration of the article, together with •
all underlying data and a statement of the reasons or basis for
the recommendations. After due consideration of the views of
the committee and all other data before him, the Secretary shall, •
within ninety days after receipt of the report and recommenda- ™
tions of the advisory committee, make his determination and
issue an order, with findings of fact, with respect to registration
of the article and notify the applicant for registration or regis-
trant. The applicant for registration, or registrant, may, within
sixty days from the date of the order of the Secretary, file objec-
tions thereto and request a public hearing thereon. In the event
a hearing is requested, the Secretary shall, after due notice, hold
such public hearing for the purpose of receiving evidence relevant
and material to the issues raised by such objections. Any report,
recommendations, underlying data, and reasons certified to the
Secretary by an advisory committee shall be made a part of the
record of the hearing, if relevant and material, subject to the pro-
visions of section 1006 (c) of Title 5. The National Academy of
Sciences shall designate a member of the advisory committee to
appear and testify at any such hearing with respect to the report
and recommendations of such committee upon request of the
Secretary, the petitioner, or the officer conducting the hearing:
Provided, That this shall not preclude any other member of the
advisory committee from appearing and testifying at such hear-
ing. As soon as practicable after completion of the hearing, but
not later than ninety days, the Secretary shall evaluate the data
and reports before him, act upon such objections and issue an
order granting, denying, or canceling the registration or requiring
modification of the claims or the labeling. Such order shall be
based only on substantial evidence of record at such hearing, in- ^
eluding any report, recommendations, underlying data, and rea- •
son certified to the Secretary by an advisory committee, and shall •
set forth detailed findings of fact upon which the order is based.
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In connection with consideration of any registration or applica-
tion for registration under this section, the Secretary may consult
with any other Federal agency or with an advisory committee ap-
pointed as herein provided. Notwithstanding the provisions of
section 135a(c) (4) of this title, information relative to formulas
of products acquired by authority of this section may be revealed,
when necessary under this section, to an advisory committee, or
to any Federal agency consulted, or at a public hearing, or in find-
ings of fact issued by the Secretary. All data submitted to an
advisory committee in support of a petition under this section
shall be considered confidential by such advisory committee:
Provided, That this provision shall not be construed as prohibiting
the use of such data by the committee in connection with its con-
sultation with the petitioner or representatives of the United
States Department of Agriculture, as provided for herein, and in
connection with its report and recommendations to the Secretary.
Notwithstanding any other provision of this section, the Secre-
tary may, when he finds that such action is necessary to prevent
an imminent hazard to the public, by order, suspend the registra-
tion of an economic poison immediately. In such case, he shall
give the registrant prompt notice of such action and afford the
registrant the opportunity to have the matter submitted to an
advisory committee and for an expedited hearing under this sec-
tion. Final orders of the Secretary under this section shall be
subject to judicial review, in accordance with the provisions of
subsection (d) of this section. In no event shall registration of
an article be construed as a defense for the commission of any
offense prohibited under section 135a of this title.
Judicial review; court of appeals: persons entitled to appeal, petition, rec-
ord, jurisdiction, conclusiveness of findings, additional evidence, modifica-
tion of findings and orders; Supreme Court; stay of administrative orders;
calendar
(d) In a case of actual controversy as to the validity of any
order under this section, any person who will be adversely af-
fected by such order may obtain judicial review by filing in the
United States court of appeals for the circuit wherein such per-
son resides or has his principal place of business, or in the United
States Court of Appeals for the District of Columbia Circuit, within
sixty days after the entry of such order, a petition praying that
the order be set aside in whole or in part. A copy of the petition
shall be forthwith transmitted by the clerk of the court to the
Secretary, or any officer designated by him for that purpose, and
thereupon the Secretary shall file in the court the record of the
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12
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7 § 135b EPA CURRENT LAWS—PESTICIDES
proceedings on which he based his order, as provided in section
2112 of Title 28. Upon the filing of such petition the court shall
have exclusive jurisdiction to affirm or set aside the order com-
plained of in whole or in part. The findings of the Secretary with
respect to questions of fact shall be sustained if supported by
substantial evidence when considered on the record as a whole,
including any report and recommendation of an advisory commit- ^m
tee. If application is made to the court for leave to adduce addi- •
tional evidence, the court may order such additional evidence to
be taken before the Secretary, and to be adduced upon the hear-
ing in such manner and upon such terms and conditions as to the •
court may seem proper, if such evidence is material and there HI
were reasonable grounds for failure to adduce such evidence in the
proceedings below. The Secretary may modify his findings as to
the facts and order by reason of the additional evidence so taken,
and shall file with the court such modified findings and order.
The judgment of the court affirming or setting aside, in whole or
in part, any order under this section shall be final, subject to
review by the Supreme Court of the United States upon certiorari
or certification as provided in section 1254 of Title 18.l The com-
mencement of proceedings under this section shall not, unless
specifically ordered by the court to the contrary, operate as a
stay of an order. The court shall advance on the docket and
expedite the disposition of all causes filed therein pursuant to this
section.
Shipments between single-ownership plants
(e) Notwithstanding any other provision of sections 135-135k
of this title, registration is not required in the case of an economic
poison shipped from one plant to another plant operated by the
same person and used solely at such plant as a constituent part
to make an economic poison which is registered under said
sections.
Time of cancellation and continuance of registration
(f) The Secretary is authorized to cancel the registration of
any economic poison at the end of a period of five years following
the registration of such economic poison or at the end of any five-
year period thereafter, unless the registrant, prior to the expira-
tion of each such five-year period, requests in accordance with
regulations issued by the Secretary that such registration be
continued in effect. ^
June 25, 1947, c. 125, § 4, 61 Stat. 167, amended May 12, 1964, •
Pub.L. 88-305, § § 3, 4, 78 Stat. 190, 192.
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FIFRA 7 § 135c
§ 135c. Books and records; access and inspection; use in criminal
prosecution
For the purposes of enforcing the provisions of section 135-
135k of this title, any manufacturer, distributor, carrier, dealer,
or any other person who sells or offers for sale, delivers or offers
for delivery, or who receives or holds any economic poison or
device subject to said sections, shall, upon request of any em-
ployee of the United States Department of Agriculture or any
employee of any State, Territory, or political subdivision, duly
designated by the Secretary, furnish or permit such person at all
reasonable times to have access to, and to copy all records show-
ing the delivery, movement, or holding of such economic poison
or device, including the quantity, the date of shipment and re-
ceipt, and the name of the consignor and consignee; and in the
event of the inability of any person to produce records contain-
ing such information, all other records and information relating
to such delivery, movement, or holding of the economic poison or
device. Notwithstanding this provision, however, the specific evi-
dence obtained under this section, or any evidence which is di-
rectly or indirectly derived from such evidence, shall not be used
in a criminal prosecution of the person from whom obtained.
June 25, 1947, c. 125, § 5, 61 Stat. 168, amended Oct. 15, 1970,
Pub.L. 91-452, Title II, § 204, 84 Stat. 928.
§ 135d. Rules and regulations; examination of economic poisons
or devices; notification to violators; certification to United States
attorney; duty of attorney; publication of judgments
(a) The Secretary (except as otherwise provided in this sec-
tion) is authorized to make rules and regulations for carrying out
the provisions of sections 135-135k of this title, including the
collection and examination of samples of economic poisons and
devices subject to said sections and the determination and estab-
lishment of suitable names to be used in the ingredient statement.
The Secretary is, in addition, authorized after opportunity for
hearing—
(1) to declare a pest any form of plant or animal life or
virus which is injurious to plants, man, domestic animals, articles,
or substances;
(2) to determine economic poisons, and quantities of sub-
stances contained in economic poisons, which are highly toxic to
man; and
(3) to determine standards of coloring or discoloring for eco-
nomic poisons, and to subject economic poisons to the require-
ments of section 135a (a) (4) of this title.
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with the other requirements of sections 135-135k of this
title, designating said sections. In such case the guarantor
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7 § 135d EPA CURRENT LAWS—PESTICIDES
(b) The Secretary of the Treasury and the Secretary of Agricul-
ture shall jointly prescribe regulations for the enforcement of 135h
of this title.
(c) The examination of economic poisons or devices shall be ••
made in the United States Department of Agriculture or else- •
where as the Secretary may designate for the purpose of deter-
mining from such examination whether they comply with the ^_
requirements of sections 135-135k of this title, and if it shall •
appear from any such examination that they fail to comply with ™
the requirements of said sections, the Secretary shall cause notice
to be given to the person against whom criminal proceedings are
contemplated. Any person so notified shall be given an opportunity
to present his views, either orally or in writing, with regard to
such contemplated proceedings, and if in the opinion of the Secre-
tary it appears that the provisions of said sections have been
violated by such person, then the Secretary shall certify the
facts to the proper United States attorney, with a copy of the
results of the analysis or the examination of such article: Pro-
vided, That nothing in said sections shall be construed as requir-
ing the Secretary to report for prosecution or for the institution
of libel proceedings minor violations of said sections whenever he
believes that the public interest will be adequately served by a
suitable written notice of warning.
(d) It shall be the duty of each United States attorney, to
whom the Secretary or his agents shall report any violation of
sections 135-135k of this title, to cause appropriate proceedings
to be commenced and prosecuted in the proper courts of the
United States without delay. •
(e) The Secretary shall, by publication in such manner as he HI
may prescribe, give notice of all judgments entered in actions
instituted under the authority of sections 135-135k of this title.
June 25,1947, c. 125, § 6, 61 Stat. 168.
§ 135e. Exemptions from penalties
(a) The penalties provided for a violation of section 135a (a) of
this title shall not apply to—
(1) any person who establishes a guaranty signed by, and
containing the name and address of, the registrant or person ••
residing in the United States from whom he purchased and H
received in good faith the article in the same unbroken
package, to the effect that the article was lawfully registered ^_
at the time of sale and delivery to him, and that it complies •
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FIFRA 7 § 135e
shall be subject to the penalties which would otherwise attach
to the person holding the guaranty under the provisions of
said sections;
(2) any carrier while lawfully engaged in transporting an
economic poison or device if such carrier upon request by a
person duly designated by the Secretary shall permit such
person to copy all records showing the transactions in and
movement of the articles;
(3) to public officials while engaged in the performance of
their official duties;
(4) to the manufacturer or shipper of an economic poison
for experimental use only by or under the supervision of any
Federal or State agency authorized by law to conduct research
in the field of economic poisons; or by others if a permit has
been obtained before shipment in accordance with regulations
promulgated by the Secretary.
June 25,1947, c. 125, § 7, 61 Stat. 169.
§ 135f. Penalties
(a) Any person violating section 135a(a) (1) of this title shall
be guilty of a misdemeanor and shall on conviction be fined not
more than $1,000.
(b) Any person violating any provision other than section
135a(a) (1) of this title shall be guilty of a misdemeanor and
shall upon conviction be fined not more than $500 for the first
offense, and on conviction for each subsequent offense be fined not
more than $1,000 or imprisoned for not more than one year, or
both such fine and imprisonment: Provided, That an offense
committed more than five years after the last previous conviction
shall be considered a first offense. An article the registration of
which has been terminated may not again be registered unless
the article, its labeling, and other material required to be sub-
mitted appear to the Secretary to comply with all the requirements
of sections 135-135k of this title.
(c) Notwithstanding any other provision of this section, in
case any person, with intent to defraud, uses or reveals infor-
mation relative to formulas of products acquired under the au-
thority of section 135b of this title, he shall be fined not more
than $10,000 or imprisoned for not more than three years, or
both such fine and imprisonment.
(d) When construing and enforcing the provisions of sections
135-135k of this title, the act, omission, or failure, of any officer,
agent, or other person acting for or employed by any person shall
in every case be also deemed to be the act, omission, or failure
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7 § 135f EPA CURRENT LAWS—PESTICIDES
of such person as well as that of the person employed. June 25,
1947, c. 125. § 8, 61 Stat. 170, amended May 12, 1964, Pub.L.
88-305, § 5, 78 Stat. 193.
§ 135g. Seizures; disposition; costs against claimant II
(a) Any economic poison or device that is being transported •
from one State, Territory, or District to another, or, having been
transported, remains unsold or in original unbroken packages, or ••
that is sold or offered for sale in the District of Columbia or any •
Territory, or that is imported from a foreign country, shall be
liable to be proceeded against in any district court of the United
States in the district where it is found and seized for confisca- •
tion by a process of libel for condemnation— ^*
(1) in the case of an economic poison—
(a) if it is adulterated or misbranded;
(b) if it is not registered pursuant to the provisions
of section 135b of this title;
(c) if it fails to bear on its label the information re-
quired by sections 135-135k of this title; or
(d) if it is a white powder economic poison and is
not colored as required under said sections; or
(2) in the case of a device if it is misbranded.
(b) If the article is condemned it shall, after entry of the
decree, be disposed of by destruction or sale as the court may
direct and the proceeds, if sold, less the legal costs, shall be paid
into the Treasury of the United States, but the article shall not
be sold contrary to the provisions of sections 135-135k of this
title or of the laws of the jurisdiction in which it is sold: M
Provided, That upon the payment of the costs of the libel pro- •
ceedings and the execution and delivery of a good and sufficient
bond conditioned that the article shall not be sold or otherwise
disposed of contrary to the provisions of said sections or the laws •
of any State, Territory, or District in which sold, the court may Bl
direct that such articles be delivered to the owner thereof. The
proceedings of such libel cases shall conform, as near as may be,
to the proceedings in admiralty, except that either party may
demand trial by jury of any issue of fact joined in any case, and
all such proceedings shall be at the suit of and in the name of ^.
the United States. •
(c) When a decree of condemnation is entered against the
article, court costs and fees, storage, and other proper expenses
shall be awarded against the person, if any, intervening as II
claimant of the article. June 25, 1947, c. 125, § 9, 61 Stat. 170, •
amended May 12, 1964, Pub.L. 88-305, § 6, 78 Stat. 193.
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FIFRA 7 § 135h
§ 135h. Imports; prohibition against delivery; penal bonds;
imposition of costs; liens
The Secretary of the Treasury shall notify the Secretary of
Agriculture of the arrival of economic poisons and devices of-
fered for importation and shall deliver to the Secretary of Agri-
culture, upon his request, samples of economic poisons or devices
which are being imported or offered for import into the United
States, giving notice to the owner or consignee, who may appear
before the Secretary of Agriculture and have the right to in-
troduce testimony. If it appears from the examination of a sample
that it is adulterated, or misbranded or otherwise violates the
prohibitions set forth in sections 135-135k of this title, or is
otherwise dangerous to the health of the people of the United
States, or is of a kind forbidden entry into or forbidden to be
sold or restricted in sale in the country in which it is made or
from which it is exported, the said article may be refused ad-
mission, and the Secretary of the Treasury shall refuse delivery
to the consignee and shall cause the destruction of any goods re-
fused delivery which shall not be exported by the consignee
within three months from the date of notice of such refusal under
such regulations as the Secretary of the Treasury may prescribe:
Provided, That the Secretary of the Treasury may deliver to the
consignee such goods pending examination and decision in the
matter on execution of a penal bond for the amount of the full
invoice value of such goods, together with the duty thereon, and
on refusal to return such goods for any cause to the custody of
the Secretary of the Treasury, when demanded, for the purpose
of excluding them from the country, or for any other purpose,
said consignee shall forfeit the full amount of the bond: And
provided further, That all charges for storage, cartage, and labor
on goods which are refused admission or delivery shall be paid by
the owner or consignee, and in default of such payment shall
constitute a lien against any future importation made by such
owner or consignee. June 25,1947, c. 125, § 10, 61 Stat. 171.
§ 135i. Delegation of duties
All authority vested in the Secretary by virtue of the provisions
of sections 135-135k of this title may with like force and effect
be executed by such employees of the United States Department of
Agriculture as the Secretary may designate for the purpose. June
25,1947, c. 125, § 11, 61 Stat. 171.
§ 135j. Appropriations; expenditures
(a) There is hereby authorized to be appropriated, out of any
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7 § 135j EPA CURRENT LAWS—PESTICIDES
moneys in the Treasury not otherwise appropriated, such sums •
as may be necessary for the purposes and administration of
sections 135-135k of this title. jm
(b) The Secretary is authorized from the funds appropriated H
for sections 135-135k of this title to make such expenditures as
he deems necessary, including rents, travel, supplies, books, ^_
samples, testing devices, furniture, equipment, and such other ex- H
penses as may be necessary to the administration of said sections. ™
June 25, 1947, c. 125, § 12, 61 Stat. 172.
§135k. Cooperation between departments and agencies H
The Secretary is authorized to cooperate with any other depart-
ment or agency of the Federal Government and with the official
agricultural or other regulatory agency of any State, or any State, ••
Territory, District, possession, or any political subdivision HI
thereof, in carrying out the provisions of sections 135-135k of
this title, and in securing uniformity of regulations. June 25,
1947, c. 125, § 13, 61 Stat. 172.
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ENVIRONMENTAL PESTICIDE CONTROL
7 § 136. Definitions
For purposes of this subchapter—
(a) Active ingredient.—The term "active ingredient" means—
(1) in the case of a pesticide other than a plant regulator,
defoliant, or desiccant, an ingredient which will prevent, de-
stroy, repel, or mitigate any pest;
(2) in the case of a plant regulator, an ingredient which,
through physiological action, will accelerate or retard the rate
of growth or rate of maturation or otherwise alter the behav-
ior of ornamental or crop plants or the product thereof;
(3) in the case of a defoliant, an ingredient which will
cause the leaves or foliage to drop from a plant; and
(4) in the case of a desiccant, an ingredient which will
artificially accelerate the drying of plant tissue.
(b) Administrator.—The term "Administrator" means the Ad-
ministrator of the Environmental Protection Agency.
(c) Adulterated.—The term "adulterated" applies to any pesti-
cide if:
(1) its strength or purity falls below the professed stand-
ard of quality as expressed on its labeling under which it is
sold;
(2) any substance has been substituted wholly or in part
for the pesticide; or
(3) any valuable constituent of the pesticide has been
wholly or in part abstracted.
(d) Animal.—The term "animal" means all vertebrate and in-
vertebrate species, including but not limited to man and other
mammals, birds, fish, and shellfish.
(e) Certified applicator, etc.—
(1) Certified applicator.—The term "certified applicator"
means any individual who is certified under section 136b of
this title as authorized to use or supervise the use of any
pesticide which is classified for restricted use.
(2) Private applicator.—The term "private applicator"
means a certified applicator who uses or supervises the use of
any pesticide which is classified for restricted use for pur-
poses of producing any agricultural commodity on property
owned or rented by him or his employer or (if applied with-
out compensation other than trading of personal services be-
tween producers of agricultural commodities) on the property
of another person.
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7 § 136 EPA CURRENT LAWS—PESTICIDES
(3) Commercial applicator.—The term "commercial appli-
cator" means a certified applicator (whether or not he is a
private applicator with respect to some uses) who uses or
supervises the use of any pesticide which is classified for
restricted use for any purpose or on any property other than
as provided by paragraph (2).
(4) Under the direct supervision of a certified applicator.
—Unless otherwise prescribed by its labeling, a pesticide
shall be considered to be applied under the direct supervision
of a certified applicator if it is applied by a competent person
acting under the instructions and control of a certified appli-
cator who is available if and when needed, even though such
certified applicator is not physically present at the time and
place the pesticide is applied.
(f) Defoliant.—The term "defoliant" means any substance or
mixture of substances intended for causing the leaves or foliage to
drop from a plant, with or without causing abscission.
(g) Desiccant.—The term "desiccant" means any substance or
mixture of substances intended for artificially accelerating the
drying of plant tissue.
(h) Device.—The term "device" means any instrument or con-
trivance (other than a firearm) which is intended for trapping,
destroying, repelling, or mitigating any pest or any other form of •
plant or animal life (other than man and other than bacteria, H
virus, or other microorganism on or in living man or other living
animals); but not including equipment used for the application of mm
pesticides when sold separately therefrom. H
(i) District court.—The term "district court" means a United
States district court, the District Court of Guam, the District M
Court of the Virgin Islands, and the highest court of American •
Samoa. ™
(j) Environment.—The term "environment" includes water,
air, land, and all plants and man and other animals living therein, H
and the interrelationships which exist among these. •
(k) Fungus.—The term "fungus" means any non-chlorophyll-
bearing thallophyte (that is, any non-chlorophyll-bearing plant of II
a lower order than mosses and liverworts), as for example, rust, •
smut, mildew, mold, yeast, and bacteria, except those on or in
living man or other animals and those on or in processed food, ••
beverages, or Pharmaceuticals. •
(1) Imminent hazard.—The term "imminent hazard" means a
situation which exists when the continued use of a pesticide dur- mm
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FIFRA 7 § 136
ing the time required for cancellation proceeding would be likely
to result in unreasonable adverse effects on the environment or
will involve unreasonable hazard to the survival of a species de-
clared endangered by the Secretary of the Interior under Public
Law 91-135.
(m) Inert ingredient.—The term "inert ingredient" means an
ingredient which is not active.
(n) Ingredient statement.—The term "ingredient statement"
means a statement which contains—
(1) the name and percentage of each active ingredient,
and the total percentage of all inert ingredients, in the pesti-
cide ; and
(2) if the pesticide contains arsenic in any form, a state-
ment of the percentages of total and water soluble arsenic,
calculated as elementary arsenic.
(o) Insect.—The term "insect" means any of the numerous
small invertebrate animals generally having the body more or less
obviously segmented, for the most part belonging to the class
insecta, comprising sixlegged, usually winged forms, as for exam-
ple, beetles, bugs, bees, flies, and to other allied classes of arthro-
pods whose members are wingless and usually have more than six
legs, as for example, spiders, mites, ticks, centipedes, and wood
lice.
(p) Label and labeling.—
(1) Label.— The term "label" means the written, printed,
or graphic matter on, or attached to, the pesticide or device or
any of its containers or wrappers.
(2) Labeling.—The term "labeling" means all labels and all
other written, printed, or graphic matter—
(A) accompanying the pesticide or device at any time;
or
(B) to which reference is made on the label or in
literature accompanying the pesticide or device, except to
current official publications of the Environmental Protec-
tion Agency, the United States Departments of Agricul-
ture and Interior, the Department of Health, Education,
and Welfare, State experiment stations, State agricul-
tural colleges, and other similar Federal or State institu-
tions or agencies authorized by law to conduct research
in the field of pesticides.
(q) Misbranded.—
(1) A pesticide is misbranded if—
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7 § 136 EPA CURRENT LAWS—PESTICIDES
(A) its labeling bears any statement, design, or •
graphic representation relative thereto or to its ingredi-
ents which is false or misleading in any particular; •
(B) it is contained in a package or other container or •
wrapping which does not conform to the standards estab-
lished by the Administrator pursuant to section 136w(c) _
(3) of this title; •
(C) it is an imitation of, or is offered for sale under ™
the name of, another pesticide;
(D) its label does not bear the registration number
assigned under section 136e of this title to each establish-
ment in which it was produced;
(E) any word, statement, or other information re-
quired by or under authority of this subchapter to ap-
pear on the label or labeling is not prominently placed
thereon with such conspicuousness (as compared with
other words, statements, designs, or graphic matter in
the labeling) and in such terms as to render it likely to
be read and understood by the ordinary individual under
customary conditions of purchase and use; H
(F) the labeling accompanying it does not contain •
directions for use which are necessary for effecting the
purpose for which the product is intended and if com- M
plied with, together with any requirements imposed II
under section 136a(d) of this title, are adequate to pro-
tect health and the environment;
(G) the label does not contain a warning or caution
statement which may be necessary and if complied with,
together with any requirements imposed under section
136a(d) of this title, is adequate to protect health and
the environment.
(2) A pesticide is misbranded if—
(A) the label does not bear an ingredient statement on
that part of the immediate container (and on the outside
container or wrapper of the retail package, if there be
one, through which the ingredient statement on the im-
mediate container cannot be clearly read) which is pre-
sented or displayed under customary conditions of pur-
chase, except that a pesticide is not misbranded under
this subparagraph if: H
(i) the size of 1 form of the immediate container, Hi
or the outside container or wrapper of the retail
package, makes it impracticable to place the ingredi- M
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FIFRA 7 § 136
ent statement on the part which is presented or dis-
played under customary conditions of purchase; and
(ii) the ingredient statement appears prominently
on another part of the immediate container, or out-
side container or wrapper, permitted by the Admin-
istrator ;
(B) the labeling does not contain a statement of the
use classification under which the product is registered;
(C) there is not affixed to its container, and to the
outside container or wrapper of the retail package, if
there be one, through which the required information on
the immediate container cannot be clearly read, a label
bearing—
(i) the name and address of the producer, regis-
trant, or person for whom produced;
(ii) the name, brand, or trademark under which
the pesticide is sold;
(iii) the net weight or measure of the content:
Provided, That the Administrator may permit rea-
sonable variations; and
(iv) when required by regulation of the Adminis-
trator to effectuate the purposes of this subchapter,
the registration number assigned to the pesticide
under this subchapter, and the use classification;
and
(D) the pesticide contains any substance or substances
in quantities highly toxic to man, unless the label shall
bear, in addition to any other matter required by this
subchapter—
(i) the skull and crossbones;
(ii) the word "poison" prominently in red on a
background of distinctly contrasting color; and
(iii) a statement of a practical treatment (first
aid or otherwise) in case of poisoning by the pesti-
cide.
(r) Nematode.—The term "nematode" means invertebrate ani-
mals of the phylum nemathelminthes and class nematoda, that is,
unsegmented round worms with elongated, fusiform, or saclike
bodies covered with cuticle, and inhabiting soil, water, plants, or
plant parts; may also be called nemas or eelworms.
(s) Person.—The term "person" means any individual, partner-
ship, association, corporation, or any organized group of persons
whether incorporated or not.
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7 § 136 EPA CURRENT LAWS—PESTICIDES
(t) Pest.—The term "pest" means (1) any insect, rodent, nema-
tode, fungus, weed, or (2) any other form of terrestrial or aquatic
plant or animal life or virus, bacteria, or other micro-organism
(except viruses, bacteria, or other micro-organisms on or in living
man or other living animals) which the Administrator declares to
be a pest under section 136w(c) (1) of this title.
(u) Pesticide.—The term "pesticide" means (1) any substance
or mixture of substances intended for preventing, destroying, re-
pelling, or mitigating any pest, and (2) any substance or mixture
of substances intended for use as a plant regulator, defoliant, or
desiccant.
(v) Plant regulator.—The term "plant regulator" means any
substance or misture of substances intended, through physiological
action, for accelerating or retarding the rate of growth or rate of
maturation, or for otherwise altering the behavior of plants or the
produce thereof, but shall not include substances to the extent that
they are intended as plant nutrients, trace elements, nutritional
chemicals, plant inoculants, and soil amendments. Also, the term
"plant regulator" shall not be required to include any of such of
those nutrient mixtures or soil amendments as are commonly
known as vitamin-hormone horticultural products, intended for
improvement, maintenance, survival, health, and propagation of
plants, and as are not for pest destruction and are nontoxic, non-
poisonous in the undiluted packaged concentration.
(w) Producer and produce.—The term "producer" means the
person who manufactures, prepares, compounds, propagates, or
processes any pesticide or device. The term "produce" means to
manufacture, prepare, compound, propagate, or process any pesti-
cide or device.
(x) Protect health and the environment.—The terms "protect •
health and the environment" and "protection of health and the HP
environment" mean protection against any unreasonable adverse
effects on the environment. •
(y) Registrant.—The term "registrant" means a person who •
has registered any pesticide pursuant to the provisions of this
subchapter.
(z) Registration.—The term "registration" includes reregistra-
tion.
(aa) State.—The term "State" means a State, the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, the Trust Territory of the Pacific Islands, and American
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FIFRA 7 § 136
(bb) Unreasonable adverse effects on the environment.—The
term "unreasonable adverse effects on the environment" means
any unreasonable risk to man or the environment, taking into
account the economic, social, and environmental costs and benefits
of the use of any pesticide.
(cc) Weed.—The term "weed" means any plant which grows
where not wanted.
(dd) Establishment.—The term "establishment" means any
place where a pesticide or device is produced, or held, for distribu-
tion or sale.
June 25, 1947, c. 125, § 2, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 975.
§ 136a. Registration of pesticides
(a) Requirement.—Except as otherwise provided by this sub-
chapter, no person in any State may distribute, sell, offer for sale,
hold for sale, ship, deliver for shipment, or receive and (having so
received) deliver or offer to deliver, to any person any pesticide
which is not registered with the Administrator.
(b) Exemptions.—A pesticide which is not registered with the
Administrator may be transferred if—
(1) the transfer is from one registered establishment to
another registered establishment operated by the same pro-
ducer solely for packaging at the second establishment or for
use as a constituent part of another pesticide produced at the
second establishment; or
(2) the transfer is pursuant to and in accordance with the
requirements of an experimental use permit.
(c) Procedure for registration.—
(1) Statement required.—Each applicant for registration
of a pesticide shall file with the Administrator a statement
which includes—
(A) the name and address of the applicant and of any
other person whose name will appear on the labeling;
(B) the name of the pesticide;
(C) a complete copy of the labeling of the pesticide, a
statement of all claims to be made for it, and any direc-
tions for its use;
(D) if requested by the Administrator, a full descrip-
tion of the tests made and the results thereof upon which
the claims are based, except that data submitted in sup-
port of an application shall not, without permission of
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7 § 136a EPA CURRENT LAWS — PESTICIDES ™
the applicant, be considered by the Administrator in sup- •
mm
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port of any other application for registration unless such
other applicant shall have first offered to pay reasonable
compensation for producing the test data to be relied
upon and such data is not protected from disclosure by
section 136h(b) of this title. If the parties cannot agree
on the amount and method of payment, the Administra-
tor shall make such determination and may fix such other
terms and conditions as may be reasonable under the
circumstances. The Administrator's determination shall
be made on the record after notice and opportunity for •
hearing. If the owner of the test data does not agree with ™
said determination, he may, within thirty days, take an
appeal to the Federal district court for the district in
which he resides with respect to either the amount of the
payment or the terms of payment, or both. In no event
shall the amount of payment determined by the court be mm
less than that determined by the Administrator ; •
(E) the complete formula of the pesticide ; and
(F) a request that the pesticide be classified for gen- _
eral use, for restricted use, or for both. •
(2) Data in support of registration. — The Administrator
shall publish guidelines specifying the kinds of information
which will be required to support the registration of a pesti-
cide and shall revise such guidelines from time to time. If
thereafter he requires any additional kind of information he
shall permit sufficient time for applicants to obtain such addi- II
tional information. Except as provided by subsection (c) (1) •
(D) of this section and section 136h of this title, within 30
days after the Administrator registers a pesticide under this M
subchapter he shall make available to the public the data mm
called for in the registration statement together with such
other scientific information as he deems relevant to his deci- _
sion. H
(3) Time for acting with respect to application. — The Ad-
ministrator shall review the data after receipt of the applica- —
tion and shall, as expeditiously as possible, either register the H
pesticide in accordance with paragraph (5), or notify the ^^
applicant of his determination that it does not comply with
the provisions of the subchapter in accordance with para- H
graph (6). •
(4) Notice of application. — The Administrator shall publish
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FIFRA 7 § 136a
in the Federal Register, promptly after receipt of the state-
ment and other data required pursuant to paragraphs (1) and
(2), a notice of each application for registration of any pesti-
cide if it contains any new active ingredient or if it would
entail a changed use pattern. The notice shall provide for a
period of 30 days in which any Federal agency or any other
interested person may comment.
(5) Approval of registration.—The Administrator shall
register a pesticide if he determines that, when consid-
ered with any restrictions imposed under subsection (d) of
this section—
(A) its composition is such as to warrant the proposed
claims for it;
(B) its labeling and other material required to be sub-
mitted comply with the requirements of this subchapter;
(C) it will perform its intended function without un-
reasonable adverse effects on the environment; and
(D) when used in accordance with widespread and
commonly recognized practice it will not generally cause
unreasonable adverse effects on the environment.
The Administrator shall not make any lack of essentiality a
criterion for denying registration of any pesticide. Where two
pesticides meet the requirements of this paragraph, one
should not be registered in preference to the other.
(6) Denial of registration.—If the Administrator deter-
mines that the requirements of paragraph (5) for registra-
tion are not satisfied, he shall notify the applicant for regis-
tration of his determination and of his reasons (including the
factual basis) therefor, and that, unless the applicant corrects
the conditions and notifies the Administrator thereof during
the 30-day period beginning with the day after the date on
which the applicant receives the notice, the Administrator
may refuse to register the pesticide. Whenever the Adminis-
trator refuses to register a pesticide, he shall notify the
applicant of his decision and of his reasons (including the
factual basis) therefor. The Administrator shall promptly
publish in the Federal Register notice of such denial of regis-
tration and the reasons therefor. Upon such notification, the
applicant for registration or other interested person with the
concurrence of the applicant shall have the same remedies as
provided for in section 136d of this title.
(d) Classification of pesticides.—
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7 § 136a EPA CURRENT LAWS—PESTICIDES
(1) Classification for general use, restricted use, or both.— H
(A) As a part of the registration of a pesticide the
Administrator shall classify it as being for general use or _
for restricted use, provided that if the Administrator •
determines that some of the uses for which the pesticide ^*
is registered should be for general use and that other
uses for which it is registered should be for restricted Hj
use, he shall classify it for both general use and restrict- •
ed use. If some of the uses of the pesticide are classified
for general use and other uses are classified for restrict-
ed use, the directions relating to its general uses shall be
clearly separated and distinguished from those directions
relating to its restricted uses: Provided, however, That —^
the Administrator may require that its packaging and •
labeling for restricted uses shall be clearly distinguish- "
able from its packaging and labeling for general uses.
(B) If the Administrator determines that the pesti- Hj
cide, when applied in accordance with its directions for •
use, warnings and cautions and for the uses for which it
is registered, or for one or more of such uses, or in mm
accordance with a widespread and commonly recognized •
practice, will not generally cause unreasonable adverse
effects on the environment, he will classify the pesticide,
or the particular use or uses of the pesticide to which the
determination applies, for general use.
(C) If the Administrator determines that the pesti-
cide, when applied in accordance with its directions for
use, warnings and cautions and for the uses for which it
is registered, or for one or more of such uses, or in
accordance with a widespread and commonly recognized
practice, may generally cause, without additional regula-
tory restrictions, unreasonable adverse effects on the en-
vironment, including injury to the applicator, he shall _
classify the pesticide, or the particular use or uses to •
which the determination applies, for restricted use:
(i) If the Administrator classifies a pesticide, or
one or more uses of such pesticide, for restricted use H
because of a determination that the acute dermal or mm
inhalation toxicity of the pesticide presents a hazard
to the applicator or other persons, the pesticide shall
be applied for any use to which the restricted classi-
fication applies only by or under the direct supervi-
sion of a certified applicator. —~
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FIFRA 7 § 136a
(ii) If the Administrator classifies a pesticide, or
one or more uses of such pesticide, for restricted use
because of a determination that its use without addi-
tional regulatory restriction may cause unreasonable
adverse effects on the environment, the pesticide
shall be applied for any use to which the determina-
tion applies only by or under the direct supervision
of a certified applicator, or subject to such other
restrictions as the Administrator may provide by
regulation. Any such regulation shall be reviewable
in the appropriate court of appeals upon petition of
a person adversely affected filed within 60 days of
the publication of the regulation in final form.
(2) Change in classification.—If the Administrator deter-
mines that a change in the classification of any use of a
pesticide from general use to restricted use is necessary to
prevent unreasonable adverse effects on the environment, he
shall notify the registrant of such pesticide of such determi-
nation at least 30 days before making the change and shall
publish the proposed change in the Federal Register. The
registrant, or other interested person with the concurrence of
the registrant, may seek relief from such determination under
section 136d(b) of this title.
(e) Products with same formulation and claims.—Products
which have the same formulation, are manufactured by the same
person, the labeling of which contains the same claims, and the
labels of which bear a designation identifying the product as the
same pesticide may be registered as a single pesticide; and addi-
tional names and labels shall be added to the registration by sup-
plemental statements.
(f) Miscellaneous.—
(1) Effect of change of labeling or formulation.—If the
labeling or formulation for a pesticide is changed, the regis-
tration shall be amended to reflect such change if the Admin-
istrator determines that the change will not violate any provi-
sion of this subchapter.
(2) Registration not a defense.—In no event shall registra-
tion of an article be construed as a defense for the commis-
sion of any offense under this subchapter: Provided, That as
long as no cancellation proceedings are in effect registration
of a pesticide shall be prima facie evidence that the pesticide,
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7 § 136a EPA CURRENT LAWS—PESTICIDES
its labeling and packaging comply with the registration provi-
sions of the subchapter.
(3) Authority to consult other Federal agencies.—In _
connection with consideration of any registration or applica- H
tion for registration under this section, the Administrator
may consult with any other Federal agency.
June 25, 1947, c. 125, § 3, as added Oct. 21, 1972, Pub.L. 92-516, § I
2, 86 Stat. 979. •
§ 136b. Use of restricted use pesticides; certified applicators _
(a) Certification procedure.— H
(1) Federal certification.—Subject to paragraph (2), the
Administrator shall prescribe standards for the certification
of applicators of pesticides. Such standards shall provide that H
to be certified, an individual must be determined to be compe- •
tent with respect to the use and handling of pesticides, or to
the use and handling of the pesticide or class of pesticides
covered by such individual's certification.
(2) State certification.—If any State, at any time, desires
to certify applicators of pesticides, the Governor of such
State shall submit a State plan for such purpose. The Admin-
istrator shall approve the plan submitted by any State, or any
modification thereof, if such plan in his judgment—
(A) designates a State agency as the agency responsi-
ble for administering the plan throughout the State;
(B) contains satisfactory assurances that such agency
has or will have the legal authority and qualified person-
nel necessary to carry out the plan;
(C) gives satisfactory assurances that the State will
devote adequate funds to the administration of the plan; mm
(D) provides that the State agency will make such H
reports to the Administrator in such form and contain-
ing such information as the Administrator may from
time to time require; and •
(E) contains satisfactory assurances that State stand- ™
ards for the certification of applicators of pesticides con-
form with those standards prescribed by the Administra- H
tor under paragraph (1). •
Any State certification program under this section shall be main-
tained in accordance with the State plan approved under this
section.
(b) State plans.—If the Administrator rejects a plan submitted
under this paragraph, he shall afford the State submitting the plan mm
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FIFRA 7 § 136b
due notice and opportunity for hearing before so doing. If the
Administrator approves a plan submitted under this paragraph,
then such State shall certify applicators of pesticides with respect
to such State. Whenever the Administrator determines that a
State is not administering the certification program in accordance
with the plan approved under this section, he shall so notify the
State and provide for a hearing at the request of the State, and, if
appropriate corrective action is not taken within a reasonable
time, not to exceed ninety days, the Administrator shall withdraw
approval of such plan.
June 25, 1947, c. 125, § 4, as added Oct. 21,1972, Pub.L. 92-516, §
2, 86 Stat. 983.
§ 136c. Experimental use permits
(a) Issuance.—Any person may apply to the Administrator for
an experimental use permit for a pesticide. The Administrator
may issue an experimental use permit if he determines that the
applicant needs such permit in order to accumulate information
necessary to register a pesticide under section 136a of this title.
An application for an experimental use permit may be filed at the
time of or before or after an application for registration is filed.
(b) Temporary tolerance level.—If the Administrator deter-
mines that the use of a pesticide may reasonably be expected to
result in any residue on or in food or feed, he may establish a
temporary tolerance level for the residue of the pesticide before
issuing the experimental use permit.
(c) Use under permit.—Use of a pesticide under an experimen-
tal use permit shall be under the supervision of the Administrator,
and shall be subject to such terms and conditions and be for such
period of time as the Administrator may prescribe in the permit.
(d) Studies.—When any experimental use permit is issued for a
pesticide containing any chemical or combination of chemicals
which has not been included in any previously registered pesticide,
the Administrator may specify that studies be conducted to detect
whether the use of the pesticide under the permit may cause
unreasonable adverse effects on the environment. All results of
such studies shall be reported to the Administrator before such
pesticide may be registered under section 136a of this title.
(e) Revocation.—The Administrator may revoke any experi-
mental use permit, at any time, if he finds that its terms or
conditions are being violated, or that its terms and conditions are
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7 § 136c EPA CURRENT LAWS—PESTICIDES
inadequate to avoid unreasonable adverse effects on the environ- H
ment.
(f) State issuance of permits.—Notwithstanding the foregoing _
provisions of this section, the Administrator may, under such •
terms and conditions as he may by regulations prescribe, author-
ize any State to issue an experimental use permit for a pesticide.
All provisions of section 136b of this title relating to State plans H
shall apply with equal force to a State plan for the issuance of •
experimental use permits under this section.
June 25,1947, c. 125, § 5, as added Oct. 21, 1972, Pub.L. 92-516, § •
2, 86 Stat. 983. •
§ 136d. Administrative review; suspension
(a) Cancellation after five years— •
(1) Procedure.—The Administrator shall cancel the regis- •
tration of any pesticide at the end of the five-year period
which begins on the date of its registration (or at the end of
any five-year period thereafter) unless the registrant, or
other interested person with the concurrence of the regis-
trant, before the end of such period, requests in accordance
with regulations prescribed by the Administrator that the
registration be continued in effect: Provided, That the Ad-
ministrator may permit the continued sale and use of existing
stocks of a pesticide whose registration is canceled under this
subsection or subsection (b) of this section to such extent,
under such conditions, and for such uses as he may specify if
he determines that such sale or use is not inconsistent with
the purposes of this subchapter and will not have unreason-
able adverse effects on the environment. The Administrator
shall publish in the Federal Register, at least 30 days prior to
the expiration of such five-year period, notice that the regis-
tration will be canceled if the registrant or other interested
person with the concurrence of the registrant does not re-
quest that the registration be continued in effect. •
(2) Information.—If at any time after the registration of a ™
pesticide the registrant has additional factual information
regarding unreasonable adverse effects on the environment of
the pesticide, he shall submit such information to the Admin-
istrator.
(b) Cancellation and change in classification.—If it appears to
the Administrator that a pesticide or its labeling or other material
required to be submitted does not comply with the provisions of
this subchapter or, when used in accordance with widespread and _
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FIFRA 7 § 136d
commonly recognized practice, generally causes unreasonable ad-
verse effects on the environment, the Administrator may issue a
notice of his intent either—
(1) to cancel its registration or to change its classification
together with the reasons (including the factual basis) for his
action, or
(2) to hold a hearing to determine whether or not its regis-
tration should be canceled or its classification changed.
Such notice shall be sent to the registrant and made public. The
proposed action shall become final and effective at the end of 30
days from receipt by the registrant, or publication, of a notice
issued under paragraph (1), whichever occurs later, unless within
that time either (i) the registrant makes the necessary correc-
tions, if possible, or (ii) a request for a hearing is made by a
person adversely affected by the notice. In the event a hearing is
held pursuant to such a request or to the Administrator's determi-
nation under paragraph (2), a decision pertaining to registration
or classification issued after completion of such hearing shall be
final.
(c) Suspension.—
(1) Order.—If the Administrator determines that action is
necessary to prevent an imminent hazard during the time
required for cancellation or change in classification proceed-
ings, he may, by order, suspend the registration of the pesti-
cide immediately. No order of suspension may be issued un-
less the Administrator has issued or at the same time issues
notice of his intention to cancel the registration or change the
classification of the pesticide.
Except as provided in paragraph (3), the Administrator
shall notify the registrant prior to issuing any suspension
order. Such notice shall include findings pertaining to the
question of "imminent hazard." The registrant shall then
have an opportunity, in accordance with the provisions of
paragraph (2), for an expedited hearing before the Agency
on the question of whether an imminent hazard exists.
(2) Expedite hearing.—If no request for a hearing is sub-
mitted to the Agency within five days of the registrant's re-
ceipt of the notification provided for by paragraph (1), the
suspension order may be issued and shall take effect and shall
not be reviewable by a court. If a hearing is requested, it shall
commence within five days of the receipt of the request for
such hearing unless the registrant and the Agency agree that
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7 § 136d EPA CURRENT LAWS—PESTICIDES
it shall commence at a later time. The hearing shall be held in HJ
accordance with the provisions of subchapter II of chapter 5
of Title 5, except that the presiding officer need not be a «
certified hearing examiner. The presiding officer shall have •
ten days from the conclusion of the presentation of evidence
to submit recommended findings and conclusions to the Ad-
ministrator, who shall then have seven days to render a final •
order on the issue of suspension. •
(3) Emergency order.—Whenever the Administrator deter-
mines that an emergency exists that does not permit him to
hold a hearing before suspending, he may issue a suspension
order in advance of notification to the registrant. In that case,
paragraph (2) shall apply except that (i) the order of sus-
pension shall be in effect pending the expeditious completion of
the remedies provided by that paragraph and the issuance of
a final order on suspension, and (ii) no party other than the
registrant and the Agency shall participate except that any
person adversely affected may file briefs within the time allot-
ted by the Agency's rules. Any person so filing briefs shall be
considered a party to such proceeding for the purposes of H
section 136n(b) of this title. •
(4) Judicial review.—A final order on the question of sus-
pension following a hearing shall be reviewable in accordance H
with section 136n of this title, notwithstanding the fact that Hi
any related cancellation proceedings have not been completed.
Petitions to review orders on the issue of suspension shall be ••
advanced on the docket of the courts of appeals. Any order of •
suspension entered prior to a hearing before the Administra-
tor shall be subject to immediate review in an action by the
registrant or other interested person with the concurrence of
the registrant in an appropriate district court, solely to deter-
mine whether the order of suspension was arbitrary, capri-
cious or an abuse of discretion, or whether the order was
issued in accordance with the procedures established by law.
The effect of any order of the court will be only to stay the
effectiveness of the suspension order, pending the Adminis- H
trator's final decision with respect to cancellation or change •
in classification. This action may be maintained simultane-
ously with any administrative review proceeding under this M
section. The commencement of proceedings under this para- H
graph shall not operate as a stay of order, unless ordered by
the court. —
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FIFRA 7 § 136d
(d) Public hearings and scientific review.—In the event a hear-
ing is requested pursuant to subsection (b) of this section or
determined upon by the Administrator pursuant to subsection (b)
of this section, such hearing shall be held after due notice for the
purpose of receiving evidence relevant and material to the issues
raised by the objections filed by the applicant or other interested
parties, or to the issues stated by the Administrator, if the hear-
ing is called by the Administrator rather than by the filing of
objections. Upon a showing of relevance and reasonable scope of
evidence sought by any party to a public hearing, the Hearing
Examiner shall issue a subpena to compel testimony or production
of documents from any person. The Hearing Examiner shall be
guided by the principles of the Federal Rules of Civil Procedure in
making any order for the protection of the witness or the content
of documents produced and shall order the payment of reasonable
fees and expenses as a condition to requiring testimony of the
witness. On contest, the subpena may be enforced by an appropri-
ate United States district court in accordance with the principles
stated herein. Upon the request of any party to a public hearing
and when in the Hearing Examiner's judgment it is necessary or
desirable, the Hearing Examiner shall at any time before the
hearing record is closed refer to a Committee of the National
Academy of Sciences the relevant questions of scientific fact in-
volved in the public hearing. No member of any committee of the
National Academy of Sciences established to carry out the func-
tions of this section shall have a financial or other conflict of
interest with respect to any matter considered by such committee.
The Committee of the National Academy of Sciences shall report
in writing to the Hearing Examiner within 60 days after such
referral on these questions of scientific fact. The report shall be
made public and shall be considered as part of the hearing record.
The Administrator shall enter into appropriate arrangements
with the National Academy of Sciences to assure an objective and
competent scientific review of the questions presented to Commit-
tees of the Academy and to provide such other scientific advisory
services as may be required by the Administrator for carrying out
the purposes of this subchapter. As soon as practicable after com-
pletion of the hearing (including the report of the Academy) but
not later than 90 days thereafter, the Administrator shall evaluate
the data and reports before him and issue an order either revoking
his notice of intention issued pursuant to this section, or shall
issue an order either cancelling the registration, changing the clas-
sification, denying the registration, or requiring modification of
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7 § 136d EPA CURRENT LAWS—PESTICIDES
the labeling or packaging of the article. Such order shall be based H
only on substantial evidence of record of such hearing and shall
set forth detailed findings of fact upon which the order is based.
(e) Judicial review.—Final orders of the Administrator under
this section shall be subject to judicial review pursuant to section
136n of this title.
June 25, 1947, c. 125, § 6, as added Oct. 21, 1972, Pub.L. 92-516, §
2, 86 Stat. 984.
§ 136e. Registration of establishments
(a) Requirement.—No person shall produce any pesticide sub-
ject to this subchapter in any State unless the establishment in
which it is produced is registered with the Administrator. The
application for registration of any establishment shall include the
name and address of the establishment and of the producer who
operates such establishment. M
(b) Registration.—Whenever the Administrator receives an ap- H
plication under subsection (a) of this section, he shall register the
establishment and assign it an establishment number.
(c) Information required.— •
(1) Any producer operating an establishment registered
under this section shall inform the Administrator within 30
days after it is registered of the types and amounts of pesti-
cides—
(A) which he is currently producing;
(B) which he has produced during the past year; and
(C) which he has sold or distributed during the past
year.
The information required by this paragraph shall be kept
current and submitted to the Administrator annually as re-
quired under such regulations as the Administrator may pre-
scribe.
(2) Any such producer shall, upon the request of the Ad-
ministrator for the purpose of issuing a stop sale order pur-
suant to section 136k of this title, inform him of the name
and address of any recipient of any pesticide produced in any
registered establishment which he operates.
(d) Confidential records and information.—Any information
submitted to the Administrator pursuant to subsection (c) of this
section shall be considered confidential and shall be subject to the •
provisions of section 136h of this title. ™
June 25, 1947, c. 125, § 7, as added Oct. 21, 1972, Pub.L. 92-516, §
2, 86 Stat. 987. •
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§ 136f. Books and records
(a) Requirements.—The Administrator may prescribe regula-
tions requiring producers to maintain such records with respect to
their operations and the pesticides and devices produced as he
determines are necessary for the effective enforcement of this
subchapter. No records required under this subsection shall extend
to financial data, sales data other than shipment data, pricing
data, personnel data, and research data (other than data relating
to registered pesticides or to a pesticide for which an application
for registration has been filed).
(b) Inspection.—For the purposes of enforcing the provisions
of this subchapter, any producer, distributor, carrier, dealer, or
any other person who sells or offers for sale, delivers or offers for
delivery any pesticide or device subject to this subchapter, shall,
upon request of any officer or employee of the Environmental
Protection Agency or of any State or political subdivision, duly
designated by the Administrator, furnish or permit such person at
all reasonable times to have access to, and to copy: (1) all records
showing the delivery, movement, or holding of such pesticide or
device, including the quantity, the date of shipment and receipt,
and the name of the consignor and consignee; or (2) in the event
of the inability of any person to produce records containing such
information, all other records and information relating to such
delivery, movement, or holding of the pesticide or device. Any
inspection with respect to any records and information referred to
in this subsection shall not extend to financial data, sales data
other than shipment data, pricing data, personnel data, and re-
search data (other than data relating to registered pesticides or to
a pesticide for which an application for registration has been
filed).
June 25, 1947, c. 125, § 8, as added Oct. 21, 1972, Pub.L. 92-516, §
2, 86 Stat. 987.
§ 136g. Inspection of establishments, etc.
(a) In general.—For purposes of enforcing the provisions of
this subchapter, officers or employees duly designated by the Ad-
ministrator are authorized to enter at reasonable times, any estab-
lishment or other place where pesticides or devices are held for
distribution or sale for the purpose of inspecting and obtaining
samples of any pesticides or devices, packaged, labeled, and re-
leased for shipment, and samples of any containers or labeling for
such pesticides or devices.
Before undertaking such inspection, the officers or employees
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must present to the owner, operator, or agent in charge of the •
establishment or other place where pesticides or devices are held
for distribution or sale, appropriate credentials and a written
statement as to the reason for the inspection, including a state-
ment as to whether a violation of the law is suspected. If no
violation is suspected, an alternate and sufficient reason shall be
given in writing. Each such inspection shall be commenced and
completed with reasonable promptness. If the officer or employee
obtains any samples, prior to leaving the premises, he shall give to
the owner, operator, or agent in charge a receipt describing the
samples obtained and, if requested, a portion of each such sample
equal in volume or weight to the portion retained. If an analysis is
made of such samples, a copy of the results of such analysis shall ••
be furnished promptly to the owner, operator, or agent in charge. H
(b) Warrants.—For purposes of enforcing the provisions of
this subchapter and upon a showing to an officer or court of «
competent jurisdiction that there is reason to believe that the •
provisions of this subchapter have been violated, officers or em-
ployees duly designated by the Administrator are empowered to
obtain and to execute warrants authorizing— H
(1) entry for the purpose of this section; •
(2) inspection and reproduction of all records showing the
quantity, date of shipment, and the name of consignor and
consignee of any pesticide or device found in the establish-
ment which is adulterated, misbranded, not registered (in the
case of a pesticide) or otherwise in violation of this subchap-
ter and in the event of the inability of any person to produce
records containing such information, all other records and
information relating to such delivery, movement, or holding
of the pesticide or device; and
(3) the seizure of any pesticide or device which is in viola-
tion of this subchapter.
(c) Enforcement.—
(1) Certification of facts to Attorney General.—The exami-
nation of pesticides or devices shall be made in the Environ-
mental Protection Agency or elsewhere as the Administrator M
may designate for the purpose of determining from such ex- H
aminations whether they comply with the requirements of
this subchapter. If it shall appear from any such examination
that they fail to comply with the requirements of this sub- H
chapter, the Administrator shall cause notice to be given to Hi
the person against whom criminal or civil proceedings are
contemplated. Any person so notified shall be given an oppor- •
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tunity to present his views, either orally or in writing, with
regard to such contemplated proceedings, and if in the opin-
ion of the Administrator it appears that the provisions of this
subchapter have been violated by such person, then the Ad-
ministrator shall certify the facts to the Attorney General,
with a copy of the results of the analysis or the examination
of such pesticide for the institution of a criminal proceeding
pursuant to section 136Z(b) of this title or a civil proceeding
under section 136Z(a) of this title, when the Administrator
determines that such action will be sufficient to effectuate the
purposes of this subchapter.
(2) Notice not required.—The notice of contemplated pro-
ceedings and opportunity to present views set forth in this
subsection are not prerequisites to the institution of any pro-
ceeding by the Attorney General.
(3) Warning notices.—Nothing in this subchapter shall be
construed as requiring the Administrator to institute proceed-
ings for prosecution of minor violations of this subchapter
whenever he believes that the public interest will be ade-
quately served by a suitable written notice of warning.
June 25, 1947, c. 125, § 9, as added Oct. 21, 1972, Pub.L. 92-516, §
2, 86 Stat. 988.
§ 136h. Protection of trade secrets and other information
(a) In general.—In submitting data required by this subchap-
ter, the applicant may (1) clearly mark any portions thereof
which in his opinion are trade secrets or commercial or financial
information and (2) submit such marked material separately
from other material required to be submitted under this subchap-
ter.
(b) Disclosure.—Notwithstanding any other provision of this
subchapter, the Administrator shall not make public information
which in his judgment contains or relates to trade secrets or
commercial or financial information obtained from a person and
privileged or confidential, except that, when necessary to carry out
the provisions of this subchapter, information relating to formu-
las of products acquired by authorization of this subchapter may
be revealed to any Federal agency consulted and may be revealed
at a public hearing or in findings of fact issued by the Administra-
tor.
(c) Disputes.—If the Administrator proposes to release for
inspection information which the applicant or registrant believes
to be protected from disclosure under subsection (b) of this sec-
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7 § I36h EPA CURRENT LAWS—PESTICIDES
tion, he shall notify the applicant or registrant, in writing, by •
certified mail. The Administrator shall not thereafter make availa-
ble for inspection such data until thirty days after receipt of the
notice by the applicant or registrant. During this period, the appli-
cant or registrant may institute an action in an appropriate dis-
trict court for a declaratory judgment as to whether such infor- _
mation is subject to protection under subsection (b) of this sec- •
tion. —
June 25, 1947, c. 125, § 10, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 989. •
§ 136L Standards applicable to pesticide applicators
(a) In general.—No regulations prescribed by the Administra- ••
tor for carrying out the provisions of this subchapter shall require •
any private applicator to maintain any records or file any reports
or other documents.
(b) Separate standards.—When establishing or approving •
standards for licensing or certification, the Administrator shall ™
establish separate standards for commercial and private applica-
tors.
June 25, 1947, c. 125, § 11, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 989.
§ 136j. Unlawful acts •
(a) In general.— ™
(1) Except as provided by subsection (b) of this section, it
shall be unlawful for any person in any State to distribute, •
sell, offer for sale, hold for sale, ship, deliver for shipment, or Hi
receive and (having so received) deliver or offer to deliver, to
any person—
(A) any pesticide which is not registered under section
136a of this title, except as provided by section 136d(a)
(1) of this title;
(B) any registered pesticide if any claims made for it
as a part of its distribution or sale substantially differ
from any claims made for it as a part of the statement
required in connection with its registration under section
136a of this title;
(C) any registered pesticide the composition of which
differs at the time of its distribution or sale from its •
composition as described in the statement required in •
connection with its registration under section 136a of
this title ;
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(D) any pesticide which has not been colored or discol-
ored pursuant to the provisions of section 136w(c) (5)
of this title;
(E) any pesticide which is adulterated or misbranded;
or
(F) any device which is misbranded.
(2) It shall be unlawful for any person—
(A) to detach, alter, deface, or destroy, in whole or in
part, any labeling required under this subchapter;
(B) to refuse to keep any records required pursuant to
section 136f of this title, or to refuse to allow the inspec-
tion of any records or establishment pursuant to section
136f or 136g of this title, or to refuse to allow an officer
or employee of the Environmental Protection Agency to
take a sample of any pesticide pursuant to section 136g
of this title;
(C) to give a guaranty or undertaking provided for in
subsection (b) of this section which is false in any par-
ticular, except that a person who receives and relies upon
a guaranty authorized under subsection (b) of this sec-
tion may give a guaranty to the same effect, which guar-
anty shall contain, in addition to his own name and ad-
dress, the name and address of the person residing in the
United States from whom he received the guaranty or
undertaking;
(D) to use for his own advantage or to reveal, other
than to the Administrator, or officials or employees of the
Environmental Protection Agency or other Federal exec-
utive agencies, or to the courts, or to physicians, pharma-
cists, and other qualified persons, needing such informa-
tion for the performance of their duties, in accordance
with such directions as the Administrator may prescribe,
any information acquired by authority of this subchapter
which is confidential under this subchapter;
(E) who is a registrant, wholesaler, dealer, retailer, or
other distributor to advertise a product registered under
this subchapter for restricted use without giving the clas-
sification of the product assigned to it under section 136a
of this title;
(F) to make available for use, or to use, any registered
pesticide classified for restricted use for some or all
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7 § 136j EPA CURRENT LAWS—PESTICIDES
purposes other than in accordance with section 136a(d) B
of this title and any regulations thereunder;
(G) to use any registered pesticide in a manner incon- mm
sistent with its labeling; H
(H) to use any pesticide which is under an experimen-
tal use permit contrary to the provisions of such permit; _
(I) to violate any order issued under section 136k of •
this title; •
(J) to violate any suspension order issued under sec-
tion 136d of this title; •
(K) to violate any cancellation of registration of a •
pesticide under section 136d of this title, except as pro-
vided by section 136d (a) (1) of this title; •
(L) who is a producer to violate any of the provisions H
of section 136e of this title;
(M) to knowingly falsify all or part of any application _
for registration, application for experimental use permit, •
any information submitted to the Administrator pur- ™
suant to section 136e of this title, any records required to
be maintained pursuant to section 136f of this title, any H
report filed under this subchapter, or any information •
marked as confidential and submitted to the Administra-
tor under any provision of this subchapter; mm
(N) who is a registrant, wholesaler, dealer, retailer, or H
other distributor to fail to file reports required by this
subchapter; —
(0) to add any substance to, or take any substance •
from, any pesticide in a manner that may defeat the mm
purpose of this subchapter; or
(P) to use any pesticide in tests on human beings II
unless such human beings (i) are fully informed of the •
nature and purposes of the test and of any physical and
mental health consequences which are reasonably fore- ••
seeable therefrom, and (ii) freely volunteer to participate •
in the test.
(b) Exemptions.—The penalties provided for a violation of par- _
agraph (1) of subsection (a) of this section shall not apply to— •
(1) any person who establishes a guaranty signed by, and ™
containing the name and address of, the registrant or person
residing in the United States from whom he purchased or H
received in good faith the pesticide in the same unbroken •
package, to the effect that the pesticide was lawfully regis-
tered at the time of sale and delivery to him, and that it mu
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complies with the other requirements of this subchapter, and
in such case the guarantor shall be subject to the penalties
which would otherwise attach to the person holding the guar-
anty under the provisions of this subchapter;
(2) any carrier while lawfully shipping, transporting, or
delivering for shipment any pesticide or device, if such car-
rier upon request of any officer or employee duly designated
by the Administrator shall permit such officer or employee to
copy all of its records concerning such pesticide or device;
(3) any public official while engaged in the performance of
his official duties;
(4) any person using or possessing any pesticide as pro-
vided by an experimental use permit in effect with respect to
such pesticide and such use or possession; or
(5) any person who ships a substance or mixture of sub-
stances being put through tests in which the purpose is only
to determine its value for pesticide purposes or to determine
its toxicity or other properties and from which the user does
not expect to receive any benefit in pest control from its use.
June 25, 1947, c. 125, § 12, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 989.
§ 136k. Stop sale, use, removal, and seizure
(a) Stop sale, etc., orders.—Whenever any pesticide or device is
found by the Administrator in any State and there is reason to
believe on the basis of inspection or tests that such pesticide or
device is in violation of any of the provisions of this subchapter,
or that such pesticide or device has been or is intended to be
distributed or sold in violation of any such provisions, or when the
registration of the pesticide has been canceled by a final order or
has been suspended, the Administrator may issue a written or
printed "stop sale, use, or removal" order to any person who owns,
controls, or has custody of such pesticide or device, and after
receipt of such order no person shall sell, use, or remove the
pesticide or device described in the order except in accordance
with the provisions of the order.
(b) Seizure.—Any pesticide or device that is being transported
or, having been transported, remains unsold or in original unbro-
ken packages, or that is sold or offered for sale in any State, or
that is imported from a foreign country, shall be liable to be
proceeded against in any district court in the district where it is
found and seized for confiscation by a process in rem for condem-
nation if—
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7 § 136k EPA CURRENT LAWS—PESTICIDES
(1) in the case of a pesticide— I
(A) it is adulterated or misbranded;
(B) it is not registered pursuant to the provisions of
section 136a of this title; •
(C) its labeling fails to bear the information required •
by this subchapter;
(D) it is not colored or discolored and such coloring or
discoloring is required under this subchapter; or
(E) any of the claims made for it or any of the direc-
tions for its use differ in substance from the representa-
tions made in connection with its registration;
(2) in the case of a device, it is misbranded; or
(3) in the case of a pesticide or device, when used in ••
accordance with the requirements imposed under this sub- H
chapter and as directed by the labeling, it nevertheless causes
unreasonable adverse effects on the environment. In the case
of a plant regulator, defoliant, or desiccant, used in accord- •
ance with the label claims and recommendations, physical or ™
physiological effects on plants or parts thereof shall not be
deemed to be injury, when such effects are the purpose for
which the plant regulator, defoliant, or desiccant was applied.
(c) Disposition after condemnation.—If the pesticide or device
is condemned it shall, after entry of the decree, be disposed of by •
destruction or sale as the court may direct and the proceeds, if •
sold, less the court costs, shall be paid into the Treasury of the
United States, but the pesticide or device shall not be sold con- ••
trary to the provisions of this subchapter or the laws of the H
jurisdiction in which it is sold: Provided, That upon payment of
the costs of the condemnation proceedings and the execution and _
delivery of a good and sufficient bond conditioned that the pesti- •
cide or device shall not be sold or otherwise disposed of contrary ™
to the provisions of the subchapter or the laws of any jurisdiction
in which sold, the court may direct that such pesticide or device be Ij
delivered to the owner thereof. The proceedings of such condemna- •
tion cases shall conform, as near as may be to the proceedings in
admiralty, except that either party may demand trial by jury of
any issue of fact joined in any case, and all such proceedings shall
be at the suit of and in the name of the United States.
(d) Court costs, etc.—When a decree of condemnation is en-
tered against the pesticide or device, court costs and fees, storage,
and other proper expenses shall be awarded against the person, if
any, intervening as claimant of the pesticide or device. .
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June 25, 1947, c. 125, § 13, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 991.
§ 136J. Penalties
(a) Civil penalties.—
(1) In general.—Any registrant, commercial applicator,
wholesaler, dealer, retailer, or other distributor who violates
any provision of this subchapter may be assessed a civil pen-
alty by the Administrator of not more than $5,000 for each
offense.
(2) Private applicator.—Any private applicator or other
person not included in paragraph (1) who violates any provi-
sion of this subchapter subsequent to receiving a written
warning from the Administrator or following a citation for a
prior violation, may be assessed a civil penalty by the Admin-
istrator of not more than $1,000 for each offense.
(3) Hearing.—No civil penalty shall be assessed unless the
person charged shall have been given notice and opportunity
for a hearing on such charge in the county, parish, or incorpo-
rated city of the residence of the person charged. In determin-
ing the amount of the penalty the Administrator shall con-
sider the appropriateness of such penalty to the size of the
business of the person charged, the effect on the person's
ability to continue in business, and the gravity of the viola-
tion.
(4) References to Attorney General.—In case of inability
to collect such civil penalty or failure of any person to pay all,
or such portion of such civil penalty as the Administrator
may determine, the Administrator shall refer the matter to
the Attorney General, who shall recover such amount by
action in the appropriate United States district court.
(b) Criminal penalties.—
(1) In general.—Any registrant, commercial applicator,
wholesaler, dealer, retailer, or other distributor who know-
ingly violates any provision of this subchapter shall be guilty
of a misdemeanor and shall on conviction be fined not more
than $25,000, or imprisoned for not more than one year, or
both.
(2) Private anplicator.—Any private applicator or other
person not included in paragraph (1) who knowingly violates
any provision of this subchapter shall be guilty of a misde-
meanor and shall on conviction be fined not more than $1,000,
or imprisoned for not more than 30 days, or both.
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7 § 136J EPA CURRENT LAWS — PESTICIDES
(3) Disclosure of information. — Any person, who, with in- ||
tent to defraud, uses or reveals information relative to formu-
las of products acquired under the authority of section 136a mm
of this title, shall be fined not more than $10,000, or impris- H
oned for not more than three years, or both.
(4) Acts of officers, agents, etc. — When construing and en-
forcing the provisions of this subchapter, the act, omission, or H
failure of any officer, agent, or other person acting for or ™
employed by any person shall in every case be also deemed to
be the act, omission, or failure of such person as well as that •
of the person employed. •
June 25, 1947, c. 125, § 14, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 992.
§ 136m. Indemnities
(a) Requirement. — If —
(1) the Administrator notifies a registrant that he has sus-
pended the registration of a pesticide because such action is
necessary to prevent an imminent hazard ;
(2) the registration of the pesticide is canceled as a result
of a final determination that the use of such pesticide will
create an imminent hazard ; and
(3) any person who owned any quantity of such pesticide M
immediately before the notice to the registrant under para- •
graph (1) suffered losses by reason of suspension or cancella-
tion of the registration,
the Administrator shall make an indemnity payment to such per- •
son, unless the Administrator finds that such person (i) had HB
knowledge of facts which, in themselves, would have shown that
such pesticide did not meet the requirements of section 136a(c)
(5) of this title for registration, and (ii) continued thereafter to
produce such pesticide without giving timely notice of such facts
to the Administrator.
(b) Amount of payment. —
(1) In general. — The amount of the indemnity payment
under subsection (a) of this section to any person shall be
determined on the basis of the cost of the pesticide owned by
such person immediately before the notice to the registrant
referred to in subsection (a) (1) of this section; except that
in no event shall an indemnity payment to any person exceed
the fair market value of the pesticide owned by such person
immediately before the notice referred to in subsection (a)
(1) of this section. mm
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(2) Special rule.—Notwithstanding any other provision of
this subchapter, the Administrator may provide a reasonable
time for use or other disposal of such pesticide. In determin-
ing the quantity of any pesticide for which indemnity shall be
paid under this subsection, proper adjustment shall be made
for any pesticide used or otherwise disposed of by such
owner.
June 25,1947, c. 125, § 15, as added Oct. 21, 1972, Pub.L. 92-516, §
2, 86 Stat. 993.
§ 136n. Administrative procedure; judicial review
(a) District court review.—Except as is otherwise provided in
this subchapter, Agency refusals to cancel or suspend registra-
tions or change classifications not following a hearing and other
final Agency actions not committed to Agency discretion by law
are judicially reviewable in the district courts.
(b) Review by court of appeals.—In the case of actual contro-
versy as to the validity of any order issued by the Administrator
following a public hearing, any person who will be adversely af-
fected by such order and who had been a party to the proceedings
may obtain judicial review by filing in the United States court of
appeals for the circuit wherein such person resides or has a place
of business, within 60 days after the entry of such order, a peti-
tion praying that the order be set aside in whole or in part. A copy
of the petition shall be forthwith transmitted by the clerk of the
court to the Administrator or any officer designated by him for
that purpose, and thereupon the Administrator shall file in the
court the record of the proceedings on which he based his order, as
provided in section 2112 of Title 28. Upon the filing of such peti-
tion the court shall have exclusive jurisdiction to affirm or set
aside the order complained of in whole or in part. The court shall
consider all evidence of record. The order of the Administrator
shall be sustained if it is supported by substantial evidence when
considered on the record as a whole. The judgment of the court
affirming or setting aside, in whole or in part, any order under
this section shall be final, subject to review by the Supreme Court
of the United States upon certiorari or certification as provided in
section 1254 of Title 28. The commencement of proceedings under
this section shall not, unless specifically ordered by the court to
the contrary, operate as a stay of an order. The court shall ad-
vance on the docket and expedite the disposition of all cases filed
therein pursuant to this section.
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(c) Jurisdiction of district courts.—The district courts of the
United States are vested with jurisdiction specifically to enforce,
and to prevent and restrain violations of this subchapter.
(d) Notice of judgments.—The Administrator shall, by publica-
tion in such manner as he may prescribe, give notice of all judg-
ments entered in actions instituted under the authority of this «
subchapter. H
June 25, 1947, c. 125, § 16, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 994.
§ 136o. Imports and exports Mi
(a) Pesticides and devices intended for export.—Notwithstand-
ing any other provision of this subchapter, no pesticide or device
shall be deemed in violation of this subchapter when intended
solely for export to any foreign country and prepared or packed
according to the specifications or directions of the foreign pur-
chaser, except that producers of such pesticides and devices shall
be subject to section 136f of this title.
(b) Cancellation notices furnished to foreign governments.—
Whenever a registration, or a cancellation or suspension of the
registration of a pesticide becomes effective, or ceases to be effec-
tive, the Administrator shall transmit through the State Depart-
ment notification thereof to the governments of other countries
and to appropriate international agencies.
(c) Importation of pesticides and devices.—The Secretary of the _
Treasury shall notify the Administrator of the arrival of pesti- •
cides and devices and shall deliver to the Administrator, upon his ™
request, samples of pesticides or devices which are being imported
into the United States, giving notice to the owner or consignee, II
who may appear before the Administrator and have the right to •
introduce testimony. If it appears from the examination of a sam-
ple that it is adulterated, or misbranded or otherwise violates the ••
provisions set forth in this subchapter, or is otherwise injurious to •
health or the environment, the pesticide or device may be refused
admission, and the Secretary of the Treasury shall refuse delivery _
to the consignee and shall cause the destruction of any pesticide or •
device refused delivery which shall not be exported by the con- ™
signee within 90 days from the date of notice of such refusal under
such regulations as the Secretary of the Treasury may prescribe:
Provided, That the Secretary of the Treasury may deliver to the
consignee such pesticide or device pending examination and deci-
sion in the matter on execution of bond for the amount of the full ••
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invoice value of such pesticide or device, together with the duty
thereon, and on refusal to return such pesticide or device for any
cause to the custody of the Secretary of the Treasury, when de-
manded, for the purpose of excluding them from the country, or
for any other purpose, said consignee shall forfeit the full amount
of said bond: And provided further, That all charges for storage,
cartage, and labor on pesticides or devices which are refused ad-
mission or delivery shall be paid by the owner or consignee, and in
default of such payment shall constitute a lien against any future
importation made by such owner or consignee.
(d) Cooperation in international efforts.—The Administrator
shall, in cooperation with the Department of State and any other
appropriate Federal agency, participate and cooperate in any in-
ternational efforts to develop improved pesticide research and reg-
ulations.
(e) Regulations.—The Secretary of the Treasury, in consulta-
tion with the Administrator, shall prescribe regulations for the
enforcement of subsection (c) of this section.
June 25, 1947, c. 125, § 17, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 995.
§ 136p. Exemption of Federal agencies
The Administrator may, at his discretion, exempt any Federal
or State agency from any provision of this subchapter if he deter-
mines that emergency conditions exist which require such exemp-
tion.
June 25, 1947, c. 125, § 18, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 995.
§ 136q. Disposal and transportation
(a) Procedures.—The Administrator shall, after consultation
with other interested Federal agencies, establish procedures and
regulations for the disposal or storage of packages and containers
of pesticides and for disposal or storage of excess amounts of such
pesticides, and accept at convenient locations for safe disposal a
pesticide the registration of which is canceled under section
136d(c) of this title if requested by the owner of the pesticide.
(b) Advice to Secretary of Transportation.—The Administrator
shall provide advice and assistance to the Secretary of Transpor-
tation with respect to his functions relating to the transportation
of hazardous materials under the Department of Transportation
Act, the Transportation of Explosives Act, the Federal Aviation
Act of 1958, and the Hazardous Cargo Act.
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June 25, 1947, c. 125, § 19, as added Oct. 21, 1972, Pub.L. 92-516, •
§ 2, 86 Stat. 995.
§ 136r. Research and monitoring •
(a) Research.—The Administrator shall undertake research, in-
cluding research by grant or contract with other Federal agencies,
universities, or others as may be necessary to carry out the pur- H
poses of this subchapter, and he shall give priority to research to •
develop biologically integrated alternatives for pest control. The
Administrator shall also take care to insure that such research
does not duplicate research being undertaken by any other Federal
agency.
(b) National monitoring plan.—The Administrator shall formu- mm
late and periodically revise, in cooperation with other Federal, H
State, or local agencies, a national plan for monitoring pesticides.
(c) Monitoring.—The Administrator shall undertake such mon- «
itoring activities, including but not limited to monitoring in air, •
soil, water, man, plants, and animals, as may be necessary for the
implementation of this subchapter and of the national pesticide
monitoring plan. Such activities shall be carried out in cooperation wM
with other Federal, State, and local agencies. ••
June 25, 1947, c. 125, § 20, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 996. 9M
§ 136s. Solicitation of comments; notice of public hearings
(a) The Administrator, before publishing regulations under this
subchapter, shall solicit the views of the Secretary of Agriculture.
(b) In addition to any other authority relating to public hear-
ings and solicitation of views, in connection with the suspension or
cancellation of a pesticide registration or any other actions au-
thorized under this subchapter, the Administrator may, at his
discretion, solicit the views of all interested persons, either orally
or in writing, and seek such advice from scientists, farmers, farm
organizations, and other qualified persons as he deems proper.
(c) In connection with all public hearings under this subchapter
the Administrator shall publish timely notice of such hearings in mm
the Federal Register. •
June 25, 1947, c. 125, § 21, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 996. —
§ 136t. Delegation and cooperation •
(a) Delegation.—All authority vested in the Administrator by
virtue of the provisions of this subchapter may with like force and •
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effect be executed by such employees of the Environmental Protec-
tion Agency as the Administrator may designate for the purpose.
(b) Cooperation.—The Administrator shall cooperate with the
Department of Agriculture, any other Federal agency, and any
appropriate agency of any State or any political subdivision
thereof, in carrying out the provisions of this subchapter, and in
securing uniformity of regulations.
June 25, 1947, c. 125, § 22, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 996.
§ 136u. State cooperation, aid, and training
(a) Cooperative agreements.—The Administrator is authorized
to enter into cooperative agreements with States—
(1) to delegate to any State the authority to cooperate in
the enforcement of the subchapter through the use of its
personnel or facilities, to train personnel of the State to coop-
erate in the enforcement of this subchapter, and to assist
States in implementing cooperative enforcement programs
through grants-in-aid; and
(2) to assist State agencies in developing and administer-
ing State programs for training and certification of applica-
tors consistent with the standards which he prescribes.
(b) Contracts for training.—In addition, the Administrator is
authorized to enter into contracts with Federal or State agencies
for the purpose of encouraging the training of certified applica-
tors.
(c) The Administrator may, in cooperation with the Secretary
of Agriculture, utilize the services of the Cooperative State Exten-
sion Services for informing farmers of accepted uses and other
regulations made pursuant to this subchapter.
June 25, 1947, c. 125, § 23, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 996.
§ 136v. Authority of States
(a) A State may regulate the sale or use of any pesticide or
device in the State, but only if and to the extent the regulation
does not permit any sale or use prohibited by this subchapter;
(b) Such State shall not impose or continue in effect any re-
quirements for labeling and packaging in addition to or different
from those required pursuant to this subchapter; and
(c) a State may provide registration for pesticides formulated
for distribution and use within that State to meet special local
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7 § 136v EPA CURRENT LAWS—PESTICIDES
needs if that State is certified by the Administrator as capable of H
exercising adequate controls to assure that such registration will
be in accord with the purposes of this subchapter and if registra-
tion for such use has not previously been denied, disapproved, or
canceled by the Administrator. Such registration shall be deemed
registration under section 136a of this title for all purposes of this
subchapter, but shall authorize distribution and use only within
such State and shall not be effective for more than 90 days if
disapproved by the Administrator within that period.
June 25, 1947, c. 125, § 24, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 997.
§ 136w. Authority of Administrator
(a) Regulations.—The Administrator is authorized to prescribe •
regulations to carry out the provisions of this subchapter. Such •
regulations shall take into account the difference in concept and
usage between various classes of pesticides.
(b) Exemption of pesticides.—The Administrator may exempt
from the requirements of this Act by regulation any pesticide
which he determines either (1) to be adequately regulated by
another Federal agency, or (2) to be of a character which is
unnecessary to be subject to this subchapter in order to carry out
the purposes of this subchapter.
(c) Other authority.—The Administrator, after notice and op-
portunity for hearing, is authorized—
(1) to declare a pest any form of plant or animal life
(other than man and other than bacteria, virus, and other
micro-organisms on or in living man or other living animals)
which is injurious to health or the environment;
(2) to determine any pesticide which contains any sub-
stance or substances in quantities highly toxic to man;
(3) to establish standards (which shall be consistent with
those established under the authority of the Poison Preven-
tion Packaging Act) with respect to the package, container,
or wrapping in which a pesticide or device is enclosed for use
or consumption, in order to protect children and adults from
serious injury or illness resulting from accidental ingestion
or contact with pesticides or devices regulated by this sub-
chapter as well as to accomplish the other purposes of this
subchapter;
(4) to specify those classes of devices which shall be sub-
ject to any provision of paragraph 2(q) (1) or section 136e of
this title upon his determination that application of such pro- .
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FIFRA 7 § 136w
vision is necessary to effectuate the purposes of this subchap-
ter;
(5) to prescribe regulations requiring any pesticide to be
colored or discolored if he determines that such requirement
is feasible and is necessary for the protection of health and
the environment; and
(6) to determine and establish suitable names to be used in
the ingredient statement.
June 25, 1947, c. 125, § 25, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 997.
§ 136x. Severability
If any provision of this subchapter or the application thereof to
any person or circumstance is held invalid, the invalidity shall not
affect other provisions or applications of this subchapter which
can be given effect without regard to the invalid provision or
application, and to this end the provisions of this subchapter are
severable.
June 25, 1947, c. 125, § 26, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 998.
§ 136y. Authorization for appropriations
There is authorized to be appropriated such sums as may be
necessary to carry out the provisions of this subchapter for each
of the fiscal years ending June 30, 1973, June 30, 1974, and June
30, 1975. The amounts authorized to be appropriated for any fiscal
year ending after June 30, 1975, shall be the sums hereafter pro-
vided by law.
June 25, 1947, c. 125, § 27, as added Oct. 21, 1972, Pub.L. 92-516,
§ 2, 86 Stat. 998,
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THE FEDERAL FOOD, DRUG, AND COSMETIC ACT
Parallel Citations
Statutes At Large § 21 U.S.C. §
406 346
408 346a
409 348
§ 346. Tolerances for poisonous or deleterious substances in
food; regulations
Any poisonous or deleterious substance added to any food, ex-
cept where such substance is required in the production thereof
or cannot be avoided by good manufacturing practice shall be
deemed to be unsafe for purposes of the application of clause
(2) (A) of section 342 (a) of this title; but when such substance
is so required or cannot be so avoided, the Secretary shall promul-
gate regulations limiting the quantity therein or thereon to such
extent as he finds necessary for the protection of public health,
and any quantity exceeding the limits so fixed shall also be
deemed to be unsafe for purposes of the application of clause
(2) (A) of section 342 (a) of this title. While such a regulation is
in effect limiting the quantity of any such substance in the case
of any food, such food shall not, by reason of bearing or containing
any added amount of such substance, be considered to be adul-
terated within the meaning of clause (1) of section 342 (a) of this
title. In determining the quantity of such added substance to be
tolerated in or on different articles of food the Secretary shall
take into account the extent to which the use of such substance
is required or cannot be avoided in the production of each such
article, and the other ways in which the consumer may be affected
by the same or other poisonous or deleterious substances,
June 25, 1938, c. 675, § 406, 52 Stat. 1049; 1940 Reorg.Plan No.
IV. § 12, eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237; 1953
Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67
Stat. 631; Sept. 6, 1958, Pub.L. 85-929, § 3(c), 72 Stat. 1785;
July 12, 1960, Pub.L. 86-618, Title I, § 103 (a) (1), 74 Stat. 398.
§ 346a. Tolerances for pesticide chemicals in or on raw agricul-
tural commodities—Conditions of safety
(a) Any poisonous or deleterious pesticide chemical, or any
pesticide chemical which is not generally recognized, among ex-
perts qualified by scientific training and experience to evaluate
the safety of pesticide chemicals, as safe for use, added to a raw
agricultural commodity, shall be deemed unsafe for the purposes
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21 § 346a EPA CURRENT LAWS—PESTICIDES
of the application of clause (2) of section 342(a) of this title H
unless— ™
(1) a tolerance for such pesticide chemical in or on the
raw agricultural commodity has been prescribed by the Sec-
retary of Health, Education, and Welfare under this section
and the quantity of such pesticide chemical in or on the raw
agricultural commodity is within the limits of the tolerance ••
so prescribed; or H
(2) with respect to use in or on such raw agricultural
commodity, the pesticide chemical has been exempted from
the requirement of a tolerance by the Secretary under this H
section. ™
While a tolerance or exemption from tolerance is in effect for a
pesticide chemical with respect to any raw agricultural com-
modity, such raw agricultural commodity shall not, by reason of
bearing or containing any added amount of such pesticide chemi-
cal, be considered to be adulterated within the meaning of clause
(1) of section 342 (a) of this title.
I
Establishment of tolerances
(b) The Secretary shall promulgate regulations establishing «
tolerances with respect to the use in or on raw agricultural com- H
modities of poisonous or deleterious pesticide chemicals and of
pesticide chemicals which are not generally recognized, among
experts qualified by scientific training and experience to evaluate •
the safety of pesticide chemicals, as safe for use, to the extent Hi
necessary to protect the public health. In establishing any such
regulation, the Secretary shall give appropriate consideration,
among other relevant factors, (1) to the necessity for the produc-
tion of an adequate, wholesome, and economical food supply;
(2) to the other ways in which the consumer may be affected by
the same pesticide chemical or by other related substances that
are poisonous or deleterious; and (3) to the opinion of the Secre-
tary of Agriculture as submitted with a certification of useful-
ness under subsection (I) of this section. Such regulations shall
be promulgated in the manner prescribed in subsection (d) or
(e) of this section. In carrying out the provisions of this section
relating to the establishment of tolerances, the Secretary may
establish the tolerance applicable with respect to the use of any
pesticide chemical in or on any raw agricultural commodity at
zero level if the scientific data before the Secretary does not
justify the establishment of a greater tolerance. H
Exemptions
(c) The Secretary shall promulgate regulations exempting any
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FED. FOOD, DRUG AND COSMETICS ACT 21 § 346a
pesticide chemical from the necessity of a tolerance with respect
to use in or on any or all raw agricultural commodities when such
a tolerance is not necessary to protect the public health. Such
regulations shall be promulgated in the manner prescribed in
subsection (d) or (e) of this section.
Regulations pursuant to petition; publication of notice; time for issuance;
referral to advisory committees; effective date; hearings
(d) (1) Any person who has registered, or who has submitted
an application for the registration of, a pesticide under the Fed-
eral Insecticide, Fungicide, and Rodenticide Act may file with the
Secretary of Health, Education, and Welfare, a petition proposing
the issuance of a regulation establishing a tolerance for a pesticide
chemical which constitutes, or is an ingredient of, such pesticide
or exempting the pesticide chemical from the requirement of a
tolerance. The petition shall contain data showing—
(A) the name, chemical identity, and composition of the
pesticide chemical;
(B) the amount, frequency, and time of application of the
pesticide chemical;
(C) full reports of investigations made with respect to the
safety of the pesticide chemical;
(D) the results of tests on the amount of residue remain-
ing, including a description of the analytical methods used;
(E) practicable methods for removing residue which ex-
ceeds any proposed tolerance;
(F) proposed tolerances for the pesticide chemical if toler-
ances are proposed; and
(G) reasonable grounds in support of the petition.
Samples of the pesticide chemical shall be furnished to the Secre-
tary upon request. Notice of the filing of such petition shall be
published in general terms by the Secretary within thirty days
after filing. Such notice shall include the analytical methods avail-
able for the determination of the residue of the pesticide chemical
for which a tolerance or exemption is proposed.
(2) Within ninety days after a certification of usefulness by the
Secretary of Agriculture under subsection (0 of this section with
respect to the pesticide chemical named in the petition, the Secre-
tary of Health, Education, and Welfare shall, after giving due
consideration to the data submitted in the petition or otherwise
before him, by order make public a regulation—
(A) establishing a tolerance for the pesticide chemical
73 Rev.-311
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21 § 346a EPA CURRENT LAWS—PESTICIDES
named in the petition for the purposes for which it is so •
certified as useful, or
(B) exempting the pesticide chemical from the necessity
of a tolerance for such purposes, H
unless within such ninety-day period the person filing the petition ^
requests that the petition be referred to an advisory committee
or the Secretary within such period otherwise deems such re-
ferral necessary, in either of which events the provisions of
paragraph (3) of this subsection shall apply in lieu hereof.
(3) In the event that the person filing the petition requests,
within ninety days after a certification of usefulness by the Secre-
tary of Agriculture under subsection (I) of this section with
respect to the pesticide chemical named in the petition, that the «
petition be referred to an advisory committee, or in the event the •
Secretary of Health, Education, and Welfare within such period
otherwise deems such referral necessary, the Secretary of
Health, Education, and Welfare shall forthwith submit the peti- H
tion and other data before him to an advisory committee to be Hi
appointed in accordance with subsection (g) of this section. As
soon as practicable after such referral, but not later than sixty
days thereafter, unless extended as hereinafter provided, the
committee shall, after independent study of the data submitted
to it by the Secretary and other data before it, certify to the _
Secretary a report and recommendations on the proposal in the H
petition to the Secretary, together with all underlying data and
a statement of the reasons or basis for the recommendations. The
sixty-day period provided for herein may be extended by the H
advisory committee for an additional thirty days if the advisory •
committee deems this necessary. Within thirty days after such
certification, the Secretary shall, after giving due consideration
to all data then before him, including such report, recommenda-
tions, underlying data, and statement, by order make public a
regulation—
(A) establishing a tolerance for the pesticide chemical
named in the petition for the purposes for which it is so
certified as useful; or
(B) exempting the pesticide chemical from the necessity
of a tolerance for such purposes.
(4) The regulations published under paragraph (2) or (3) of
this subsection will be effective upon publication.
(5) Within thirty days after publication, any person adversely
affected by a regulation published pursuant to paragraph (2) or
(3) of this subsection, or pursuant to subsection (e) of this sec- «
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FED. FOOD, DRUG AND COSMETICS ACT 21 § 346a
• tion, may file objections thereto with the Secretary, specifying
with particularity the provisions of the regulation deemed objec-
tionable, stating reasonable grounds therefor, and requesting a
public hearing upon such objections. A copy of the objections filed
by a person other than the petitioner shall be served on the
petitioner, if the regulation was issued pursuant to a petition.
The petitioner shall have two weeks to make a written reply to
• the objections. The Secretary shall thereupon, after due notice,
hold such public hearing for the purpose of receiving evidence
relevant and material to the issues raised by such objections.
• Any report, recommendations, underlying data, and reasons certi-
fied to the Secretary by an advisory committee shall be made a
part of the record of the hearing, if relevant and material, subject
to the provisions of section 1006 (c) of Title 5. The National
• Academy of Sciences shall designate a member of the advisory
committee to appear and testify at any such hearing with respect
to the report and recommendations of such committee upon re-
• quest of the Secretary, the petitioner, or the officer conducting
the hearing: Provided, That this shall not preclude any other
member of the advisory committee from appearing and testifying
• at such hearing. As soon as practicable after completion of the
hearing, the Secretary shall act upon such objections and by
order make public a regulation. Such regulation shall be based
only on substantial evidence of record at such hearing, including
• any report, recommendations, underlying data, and reasons certi-
fied to the Secretary by an advisory committee, and shall set
forth detailed findings of fact upon which the regulation is based.
• No such order shall take effect prior to the ninetieth day after
its publication, unless the Secretary finds that emergency condi-
tions exist necessitating an earlier effective date, in which event
_ the Secretary shall specify in the order his findings as to such
• conditions.
Regulations pursuant to Secretary's proposals
(e) The Secretary may at any time, upon his own initiative or
upon the request of any interested person, propose the issuance
of a regulation establishing a tolerance for a pesticide chemical or
exempting it from the necessity of a tolerance. Thirty days after
publication of such a proposal, the Secretary may by order pub-
lish a regulation based upon the proposal which shall become ef-
fective upon publication unless within such thirty-day period a
person who has registered, or who has submitted an application
for the registration of, an economic poison under the Federal
Insecticide, Fungicide, and Rodenticide Act containing the pesti-
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21 § 346a EPA CURRENT LAWS—PESTICIDES
cide chemical named in the proposal, requests that the proposal
be referred to an advisory committee. In the event of such a re-
quest, the Secretary shall forthwith submit the proposal and other
relevant data before him to an advisory committee to be ap-
pointed in accordance with subsection (g) of this section. As
soon as practicable after such referral, but not later than sixty
days thereafter, unless extended as hereinafter provided, the com-
mittee shall, after independent study of the data submitted to it B
by the Secretary and other data before it, certify to the Secretary B
a report and recommendations on the proposal together with all
underlying data and a statement of the reasons or basis for the jm
recommendations. The sixty-day period provided for herein may B
be extended by the advisory committee for an additional thirty
days if the advisory committee deems this necessary. Within
thirty days after such certification, the Secretary may, after giv- B
ing due consideration to all data before him, including such report, ™
recommendations, underlying data and statement, by order pub-
lish a regulation establishing a tolerance for the pesticide chemical •
named in the proposal or exempting it from the necessity of a B
tolerance which shall become effective upon publication. Regula-
tions issued under this subsection shall upon publication be sub- M
ject to paragraph (5) of subsection (d) of this section. B
Data submitted as confidential
(f) All data submitted to the Secretary or to an advisory com- M
mittee in support of a petition under this section shall be con- B
sidered confidential by the Secretary and by such advisory com-
mittee until publication of a regulation under paragraph (2) or
(3) of subsection (d) of this section. Until such publication, such B
data shall not be revealed to any person other than those au- ™
thorized by the Secretary or by an advisory committee in the
carrying out of their official duties under this section. •
Advisory committees; appointment; composition; compensation; clerical ^"
assistance
(g) Whenever the referral of a petition or proposal to an ad-
visory committee is requested under this section, or the Secretary
otherwise deems such referral necessary the Secretary shall forth-
with appoint a committee of competent experts to review the _
petition or proposal and to make a report and recommendations B
thereon. Each such advisory committee shall be composed of ex- ^
perts, qualified in the subject matter of the petition and of
adequately diversified professional background selected by the B
National Academy of Sciences and shall include one or more B
representatives from land-grant colleges. The size of the commit-
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FED. FOOD, DRUG AND COSMETICS ACT 21 § 346a
tee shall be determined by the Secretary. Members of an advisory
committee shall receive compensation and travel expenses in ac-
cordance with section 376(b) (5) (D) of this title. The mem-
bers shall not be subject to any other provisions of law regarding
the appointment and compensation of employees of the United
States. The Secretary shall furnish the committee with adequate
clerical and other assistance, and shall by rules and regulations
prescribe the procedure to be followed by the committee.
Right of consultation
(h) A person who has filed a petition or who has requested
the referral of a proposal to an advisory committee in accordance
with the provisions of this section, as well as representatives of
the Department of Health, Education, and Welfare, shall have
the right to consult with any advisory committee provided for in
subsection (g) of this section in connection with the petition or
proposal.
I Judicial review
(i) (1) In a case of actual controversy as to the validity of
any order under subsection (d) (5), (e), or (I) of this section
any person who will be adversely affected by such order may ob-
• tain judicial review by filing in the United States Court of Ap-
"• peals for the circuit wherein such person resides or has his
principal place of business, or in the United States Court of Ap-
• peals for the District of Columbia Circuit, within sixty days after
the entry of such order, a petition praying that the order be set
aside in whole or in part.
1(2) In the case of a petition with respect to an order under
subsection (d) (5) or (e) of this section, a copy of the petition
shall be forthwith transmitted by the clerk of the court to the
Secretary, or any officer designated by him for that purpose, and
• thereupon the Secretary shall file in the court the record of the
proceedings on which he based his order, as provided in section
2112 of Title 28. Upon the filing of such petition, the court
I shall have exclusive jurisdiction to affirm or set aside the order
complained of in whole or in part. The findings of the Secretary
with respect to questions of fact shall be sustained if supported by
substantial evidence when considered on the record as a whole,
including any report and recommendation of an advisory com-
mittee.
(3) In the case of a petition with respect to an order under
• subsection (I) of this section, a copy of the petition shall be forth-
with transmitted by the clerk of the court to the Secretary of
Agriculture, or any officer designated by him for that purpose,
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21 § 346a EPA CURRENT LAWS—PESTICIDES
and thereupon the Secretary shall file in the court the record
of the proceedings on which he based his order, as provided in
section 2112 of Title 28. Upon the filing of such petition, the
court shall have exclusive jurisdiction to affirm or set aside the
order complained of in whole or in part. The findings of the
Secretary with respect to questions of fact shall be sustained if
supported by substantial evidence when considered on the record
as a whole.
(4) If application is made to the court for leave to adduce
additional evidence, the court may order such additional evidence
to be taken before the Secretary of Health, Education, and Wel-
fare or the Secretary of Agriculture, as the case may be, and
to be adduced upon the hearing in such manner and upon such
terms and conditions as to the court may seem proper, if such
evidence is material and there were reasonable grounds for
failure to adduce such evidence in the proceedings below. The
Secretary of Health, Education, and Welfare or the Secretary of
Agriculture, as the case may be, may modify his findings as to the H
facts and order by reason of the additional evidence so taken, V
and shall file with the court such modified findings and order.
(5) The judgment of the court affirming or setting aside, in H
whole or in part, any order under this section shall be final, sub- H
ject to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of Title 28.
The commencement of proceedings under this section shall not,
unless specifically ordered by the court to the contrary, operate as
a stay of an order. The courts shall advance on the docket and
expedite the disposition of all causes filed therein pursuant to this
section.
Temporary tolerances
(j) The Secretary may, upon the request of any person who
has obtained an experimental permit for a pesticide chemical un-
der the Federal Insecticide, Fungicide, and Rodenticide Act or
upon his own initiative, establish a temporary tolerance for the
pesticide chemical for the uses covered by the permit whenever in
his judgment such action is deemed necessary to protect the
public health, or may temporarily exempt such pesticide chemi-
cal from a tolerance. In establishing such a tolerance, the Secre-
tary shall give due regard to the necessity for experimental work
in developing an adequate, wholesome, and economical food sup-
ply and to the limited hazard to the public health involved in such
work when conducted in accordance with applicable regulations
under the Federal Insecticide, Fungicide, and Rodenticide Act.
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FED. FOOD, DRUG AND COSMETICS ACT 21 § 346a
Regulations based on public hearings before January 1,1953
(k) Regulations- affecting pesticide chemicals in or on raw agri-
cultural commodities which are promulgated under the authority
of section 346 (a) of this title upon the basis of public hearings
instituted before January 1, 1953, in accordance with section
371 (a) of this title, shall be deemed to be regulations under this
section and shall be subject to amendment or repeal as provided in
subsection (m) of this section.
Functions of Secretary of Agriculture; certifications; hearings; time
limitation; opinion; regulations
(0 The Secretary of Agriculture, upon request of any person
who has registered, or who has submitted an application for the
registration of, a pesticide under the Federal Insecticide, Fungi-
cide, and Rodenticide Act, and whose request is accompanied by a
copy of a petition filed by such person under subsection (d) (1) of
this section with respect to a pesticide chemical which constitutes,
or is an ingredient of, such pesticide, shall, within thirty days or
within sixty days if upon notice prior to the termination of such
thirty days the Secretary deems it necessary to postpone action
for such period, on the basis of data before him, either—
(1) certify to the Secretary of Health, Education, and Wel-
fare that such pesticide chemical is useful for the purpose for
which a tolerance or exemption is sought; or
(2) notify the person requesting the certification of his
proposal to certify that the pesticide chemical does not appear
to be useful for the purpose for which a tolerance or exemp-
tion is sought, or appears to be useful for only some of the
purposes for which a tolerance or exemption is sought.
In the event that the Secretary of Agriculture takes the action
described in clause (2) of the preceding sentence, the person re-
questing the certification, within one week after receiving the pro-
posed certification, may either (A) request the Secretary of Agri-
culture to certify to the Secretary of Health, Education, and Wel-
fare on the basis of the proposed certification; (B) request a
hearing on the proposed certification or the parts thereof objected
to; or (C) request both such certification and such hearing. If no
such action is taken, the Secretary may by order make the certifi-
cation as proposed. In the event that the action described in clause
(A) or (C) is taken, the Secretary shall by order make the certifi-
cation as proposed with respect to such parts thereof as are re-
quested. It1 the event a hearing is requested, the Secretary of
Agriculture shall provide opportunity for a prompt hearing.
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The certification of the Secretary of Agriculture as the result of H
such hearing shall be made by order and shall be based only on
substantial evidence of record at the hearing and shall set forth
detailed findings of fact. In no event shall the time elapsing be- H
tween the making of a request for a certification under this sub- H
section and final certification by the Secretary of Agriculture
exceed one hundred and sixty days. The Secretary shall submit
to the Secretary of Health, Education, and Welfare with any
certification of usefulness under this subsection an opinion, based
on the data before him, whether the tolerance or exemption pro-
posed by the petitioner reasonably reflects the amount of residue
likely to result when the pesticide chemical is used in the manner
proposed for the purpose for which the certification is made.
The Secretary of Agriculture, after due notice and opportunity
for public hearing, is authorized to promulgate rules and regula-
tions for carrying out the provisions of this subsection.
Amendment of regulations
(m) The Secretary of Health, Education, and Welfare shall
prescribe by regulations the procedure by which regulations un-
der this section may be amended or repealed, and such procedure
shall conform to the procedure provided in this section for the
promulgation of regulations establishing tolerances, including
the appointment of advisory committees and the procedure for
referring petitions to such committees.
Guaranties
(n) The provisions of section 333 (c) of this title with respect
to the furnishing of guaranties shall be applicable to raw agricul-
tural commodities covered by this section.
Payment of fees; services or functions as conditioned on; waiver or refund
of fees
(o) The Secretary of Health, Education, and Welfare shall by
regulation require the payment of such fees as will in the ag-
gregate, in the judgment of the Secretary, be sufficient over a
reasonable term to provide, equip, and maintain an adequate serv-
ice for the performance of the Secretary's functions under this
section. Under such regulations, the performance of the Secre-
tary's services or other functions pursuant to this section, includ-
ing any one or more of the following, may be conditioned upon
the payment of such fees: (1) The acceptance of filing of a peti-
tion submitted under subsection (d) of this section; (2) the
promulgation of a regulation establishing a tolerance, or an ex-
emption from the necessity of a tolerance, under this section,
or the amendment or repeal of such a regulation; (3) the referral
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FED. FOOD, DRUG AND COSMETICS ACT 21 § 346a
of a petition or proposal under this section to an advisory com-
mittee; (4) the acceptance for filing of objections under subsec-
tion (d) (5) of this section; or (5) the certification and filing in
court of a transcript of the proceedings and the record under sub-
section (i) (2) of this section. Such regulations may further pro-
vide for waiver or refund of fees in whole or in part when in the
judgment of the Secretary such waiver or refund is equitable and
not contrary to the purposes of this subsection. June 25, 1938,
c. 675 § 408, as added July 22, 1954, c. 559, § 3, 68 Stat. 511, Aug.
28, 1958, Pub.L. 85-791, § 20, 72 Stat. 948, and amended Oct.
30,1970, Pub.L. 91-515, Title VI, § 601 (d) (1), 84 Stat. 1311.
§ 348. Food additives—Unsafe food additives; exception for
conformity with exemption or regulation
(a) A food additive shall, with respect to any particular use or
intended use of such additives, be deemed to be unsafe for the
purposes of the application of clause (2) (C) of section 342 (a)
• of this title, unless—
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(1) it and its use or intended use conform to the terms of
an exemption which is in effect pursuant to subsection (i) of
this section; or
(2) there is in effect, and it and its use or intended use are
in conformity with, a regulation issued under this section
prescribing the conditions under which such additive may
be safely used.
While such a regulation relating to a food additive is in effect, a
food shall not, by reason of bearing or containing such an additive
in accordance with the regulation, be considered adulterated with-
in the meaning of clause (1) of section 342 (a) of this title.
• Petition for regulation prescribing conditions of safe use; contents; descrip-
tion of production methods and controls; samples; notice of regulation
(b) (1) Any person may, with respect to any intended use of
a food additive, file with the Secretary a petition proposing the
• issuance of a regulation prescribing the conditions under which
such additive may be safely used.
(2) Such petition shall, in addition to any explanatory or sup-
• porting data, contain—
(A) the name and all pertinent information concering
such food additive, including, where available, its chemical
• identity and composition ;
(B) a statement of the conditions of the proposed use of
such additive, including all directions, recommendations, and
: So in original. Probably should read "In".
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21 § 348 EPA CURRENT LAWS—PESTICIDES
suggestions proposed for the use of such additive, and in-
eluding specimens of its proposed labeling;
(C) all relevant data bearing on the physical or other
technical effect such additive is intended to produce, and the
quantity of such additive required to produce such effect;
(D) a description of practicable methods for determining
the quantity of such additive in or on food, and any sub- mm
stance formed in or on food, because of its use; and H
(E) full reports of investigations made with respect to
the safety for use of such additive, including full informa-
tion as to the methods and controls used in conducting such •
investigations. ™
(3) Upon request of the Secretary, the petitioner shall fur-
nish (or, if the petitioner is not the manufacturer of such addi- II
tive, the petitioner shall have the manufacturer of such additive H
furnish, without disclosure to the petitioner) a full description of
the methods used in, and the facilities and controls used for, the ••
production of such additive. •[
(4) Upon request of the Secretary, the petitioner shall furnish
samples of the food additive involved, or articles used as com- _
ponents thereof, and of the food in or on which the additive is •
proposed to be used. ™
(5) Notice of the regulation proposed by the petitioner shall
be published in general terms by the Secretary within thirty •
days after filing. ||
Approval or denial of petition; time for issuance of orders; evaluation of data;
factors IH
(c) (1) The Secretary shall— •
(A) by order establish a regulation (whether or not in ac-
cord with that proposed by the petitioner) prescribing, with
respect to one or more proposed uses of the food additive
involved, the conditions under which such additive may be
safely used (including, but not limited to, specifications as
to the particular food or classes of food in or in which such
additive may be used, the maximum quantity which may be
used or permitted to remain in or on such food, the manner
in which such additive may be added to or used in or on
such food, and any directions or other labeling or packaging
requirements for such additive deemed necessary by him to
assure the safety of such use), and shall notify the petitioner
of such order and the reasons for such action; or
(B) by order deny the petition, and shall notify the peti-
tioner of such order and of the reasons for such action. _
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FED. FOOD, DRUG AND COSMETICS ACT 21 § 348
(2) The order required by paragraph (1) (A) or (B) of
this subsection shall be issued within ninety days after the date
of filing of the petition, except that the Secretary may (prior to
• such ninetieth day), by written notice to the petitioner, extend
such ninety-day period to such time (not more than one hundred
and eighty days after the date of filing of the petition) as the
Secretary deems necessary to enable him to study and investigate
the petition.
(3) No such regulation shall issue if a fair evaluation of the
data before the Secretary—
(A) fails to establish that the proposed use of the food
additive, under the conditions of use to be specified in the
regulation, will be safe: Provided, That no additive shall be
deemed to be safe if it is found to induce cancer when in-
gested by man or animal, or if it is found, after tests which
are appropriate for the evaluation of the safety of food addi-
tives, to induce cancer in man or animal, except that this
proviso shall not apply with respect to the use of a substance
as an ingredient of feed for animals which are raised for
food production, if the Secretary finds (i) that, under the
conditions of use and feeding specified in proposed labeling
and reasonably certain to be followed in practice, such
additive will not adversely affect the animals for which such
feed is intended, and (ii) that no residue of the additive
will be found (by methods of examination prescribed or
approved by the Secretary by regulations, which regula-
tions shall not be subject to subsections (f) and (g) of this
section) in any edible portion of such animal after slaughter
or in any food yielded by or derived from the living animal;
or
(B) shows that the proposed use of the additive would
promote deception of the consumer in violation of this chap-
ter or would otherwise result in adulteration or in misbrand-
ing of food within the meaning of this chapter.
(4) If, in the judgment of the Secretary, based upon a fair
evaluation of the data before him, a tolerance limitation is re-
quired in order to assure that the proposed use of an additive will
be safe, the Secretary—
(A) shall not fix such tolerance limitation at a level higher
than he finds to be reasonably required to accomplish the
physical or other technical effect for which such additive is
intended; and
(B) shall not establish a regulation for such proopsed
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21 § 348 EPA CURRENT LAWS—PESTICIDES
use if he finds upon a fair evaluation of the data before •
him that such data do not establish that such use would
accomplish the intended physical or other technical effect.
(5) In determining, for the purposes of this section, whether
a proposed use of a food additive is safe, the Secretary shall
consider among other relevant factors—
(A) the probable consumption of the additive and of any
substance formed in or on food because of the use of the
additive;
(B) the cumulative effect of such additive in the diet of «
man or animals, taking into account any chemically or phar- •
macologically related substance or substances in such diet; ™
and
(C) safety factors which in the opinion of experts qualified •
by scientific training and experience to evaluate the safety of H
food additives are generally recognized as appropriate for
the use of animal experimentation data. ••
Regulation issued on Secretary's initiative •§
(d) The Secretary may at any time, upon his own initiative,
propose the issuance of a regulation prescribing, with respect to
any particular use of a food additive, the conditions under which
such additive may be safely used, and the reasons therefor. After
the thirtieth day following publication of such a proposal, the M
Secretary may be order establish a regulation based upon the H
proposal. ^
Publication and effective date of orders «|
(e) Any order, including any regulation established by such II
order, issued under subsection (c) or (d) of this section, shall
be published and shall be effective upon publication, but the Secre-
tary may stay such effectiveness if, after issuance of such order,
a hearing is sought with respect to such order pursuant to sub-
section (f) of this section.
Objections and public hearing; basis and contents of order; statement
(f) (1) Within thirty days after publication of an order made
pursuant to subsection (c) or (d) of this section, any person
adversely affected by such an order may file objections thereto •
with the Secretary, specifying with particularity the provisions of II
the order deemed objectionable, stating reasonable grounds there-
for, and requesting a public hearing upon such objections. The m*
Secretary shall, after due notice, as promptly as possible hold II
such public hearing for the purpose of receiving evidence relevant
and material to the issues raised by such objections. As soon as
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FED. FOOD, DRUG AND COSMETICS ACT 21 § 348
practicable after completion of the hearing, the Secretary shall
by order act upon such objections and make such order public.
(2) Such order shall be based upon a fair evaluation of the
entire record at such hearing, and shall include a statement setting
forth in detail the findings and conclusions upon which the order
is based.
(3) The Secretary shall specify in the order the date on which
it shall take effect, except that it shall not be made to take effect
prior to the ninetieth day after its publication, unless the Secre-
tary finds that emergency conditions exist necessitating an earlier
effective date, in which event the Secretary shall specify in the
order his findings as to such conditions.
Judicial review
(g) (1) In a case of actual controversy as to the validity of
any order issued under subsection (f) of this section, including
any order thereunder with respect to amendment or repeal of
a regulation issued under this section, any person who will be
adversely affected by such order may obtain judicial review by
filing in the United States Court of Appeals for the circuit wherein
such person resides or has his principal place of business, or in
the United States Court of Appeals for the District of Columbia
Circuit, within sixty days after the entry of such order, a petition
praying that the order be set aside in whole or in part.
(2) A copy of such petition shall be forthwith transmitted by
the clerk of the court to the Secretary, or any officer designated
by him for that purpose, and thereupon the Secretary shall file in
the court the record of the proceedings on which he based his
order, as provided in section 2112 of Title 28. Upon the filing
of such petition the court shall have jurisdiction, which upon the
filing of the record with it shall be exclusive, to affirm or set
aside the order complained of in whole or in part. Until the filing
of the record the Secretary may modify or set aside his order.
The findings of the Secretary with respect to questions of fact
shall be sustained if based upon a fair evaluation of the entire
record at such hearing. The court shall advance on the docket and
expedite the disposition of all causes filed therein pursuant to
this section.
(3) The court, on such judicial review, shall not sustain the
order of the Secretary if he failed to comply with any requirement
imposed on him by subsection (f) (2) of this section.
(4) If application is made to the court for leave to adduce
additional evidence, the court may order such additional evidence
to be taken before the Secretary and to be adduced upon the
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21 § 348 EPA CURRENT LAWS— PESTICIDES
hearing in such manner and upon such terms and conditins as to II
the court may seem proper, if such evidence is material and there
were reasonable grounds for failure to adduce such evidence in the
proceedings below. The Secretary may modify his findings as to
the facts and order by reason of the additional evidence so taken,
and shall file with the court such modified findings and order.
(5) The judgment of the court affirming or setting aside, in •
whole or in part, any order under this section shall be final, sub- ••
ject to review by the Supreme Court of the United States upon
certiorari or certification as provided in section 1254 of Title 28.
The commencement of proceedings under this section shall not,
unless specifically ordered by the court to the contrary, operate as
a stay of an order.
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Amendment or repeal of regulations
(h) The Secretary shall by regulation prescribe the procedure
by which regulations under the foregoing provisions of this sec-
tion may be amended or repealed, and such procedure shall con-
form to the procedure provided in this section for the promulga-
tion of such regulations. •
Exemptions for investigational use |B
(i) Without regard to subsections (b) to (h), inclusive, of this
section, the Secretary shall by regulation provide for exempting
from the requirements of this section any food additive, and any
food bearing or containing such additive, intended solely for inves-
tigational use by qualified experts when in his opinion such ex-
emption is consistent with the public health.
June 25, 1938, c. 675, § 409, as added Sept. 6, 1958, Pub.L. 85-929,
§ 4, 72 Stat. 1785, June 29, 1960, Pub.L. 86-546, § 2, 74 Stat. 255,
amended Oct. 10, 1962, Pub.L. 87-781, Title I," § 104 (f) (1), 76 •
Stat. 785, and amended Oct. 21, 1972, Pub.L. 92-516, § 27(3), 86 •
Stat. 998.
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STUDIES OF EFFECTS IN USE OF CHEMICALS
16 § 742d—1. Studies of effects in use of chemicals
The Secretary of the Interior is authorized and directed to un-
dertaken comprehensive continuing studies on the effects of in-
secticides, herbicides, fungicides and pesticides, upon the fish and
wildlife resources of the United States, for the purpose of deter-
mining the amounts, percentages, and formulations of such chemi-
cals that are lethal to or injurious to fish and wildlife and the
amounts, percentages, mixtures, or formulations that can be used
safely, and thereby prevent losses of fish and wildlife from such
spraying, dusting, or other treatment. Pub.L. 85-582, § 1, Aug. 1,
1958, 72 Stat. 479.
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THE PUBLIC HEALTH SERVICE ACT
PART A.—RESEARCH AND INVESTIGATIONS
§ 241. Research and investigations generally
The Surgeon General shall conduct in the Service, and en-
courage, cooperate with, and render assistance to other appro-
priate public authorities, scientific institutions, and scientists in
the conduct of, and promote the coordination of, research, investi-
gations, experiments, demonstrations, and studies relating to the
causes, diagnosis, treatment, control, and prevention of physical
and mental diseases and impairments of man, including water
purification, sewage treatment, and pollution of lakes and streams.
In carrying out the foregoing the Surgeon General is authorized
to—
(a) Collect and make available through publications and other
appropriate means, information as to, and the practical applica-
tion of, such research and other activities;
(b) Make available research facilities of the Service to ap-
propriate public authorities, and to health officials and scientists
engaged in special study;
(c) Establish and maintain research fellowships in the Service
with such stipends and allowances, including traveling and sub-
sistence expenses, as he may deem necessary to procure the as-
sistance of the most brilliant and promising research fellows from
the United States and abroad;
(d) Make grants-in-aid to universities, hospitals, laboratories,
and other public or private institutions, and to individuals fon
such research or research training projects as are recommended
by the National Advisory Health Council, or, with respect to
cancer, recommended by the National Advisory Cancer Council, or,
with respect to mental health, recommended by the National
Advisory Mental Health Council, or, with respect to heart di-
seases recommended by the National Advisory Heart Council or,
with respect to dental diseases and conditions, recommended by
the National Advisory Dental Research Council; and include in the
grants for any such project grants of penicillin and other anti-
biotic compounds for use in such project; and make, upon recom-
mendation of the National Advisory Health Council, grants-in-aid
to public or nonprofit universities, hospitals, laboratories, and
other institutions for the general support of their research and
research training programs: Provided, That such uniform per-
centage, not to exceed 15 per centum, as the Surgeon General
may determine, of the amounts provided for grants for research
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42 § 241 EPA CURRENT LAWS—PESTICIDES
or research training projects for any fiscal year through the ap-
propriations for the National Institutes of Health may be trans-
ferred from such appropriations to a separate account to be avail-
able for such research and research training program grants-in- •
aid for such fiscal year; H
(e) Secure from time to time and for such periods as he
deems advisable, the assistance and advice of experts, scholars, •
and consultants from the United States or abroad; •
(f) For purposes of study, admit and treat at institutions, hos-
pitals, and stations of the Service, persons not otherwise eligible
for such treatment;
(g) Make available, to health officials, scientists, and appropri-
ate public and other nonprofit institutions and organizations,
technical advice and assistance on the application of statistical
methods to experiments, studies, and surveys in health and medi-
cal fields;
(h) Enter into contracts during the fiscal year ending June
30, 1966, and each of the eight succeeding fiscal years, including
contracts for research in accordance with and subject to the
provisions of law applicable to contracts entered into by the mili-
tary departments under sections 2353 and 2354 of Title 10, except
that determination, approval, and certification required thereby
shall be by the Secretary of Health, Education, and Welfare; and
(i) Adopt, upon recommendation of the National Advisory
Health Council, or, with respect to cancer, upon recommendation
of the National Advisory Cancer Council, or, with respect to
mental health, upon recommendation of the National Advisory
Mental Health Council, or, with respect to heart diseases, upon
recommendation of the National Advisory Heart Council, or, with ••
respect to dental diseases and conditions, upon recommendations H
of the National Advisory Dental Research Council, such addi-
tional means as he deems necessary or appropriate to carry out _
the purposes of this section. •
July 1, 1944, c. 373, Title III, § 301, 58 Stat. 691; July 3, 1946, c. ™
538, § 7(a, b), 60 Stat. 423; June 16, 1948, c. 481, § 4(e, f), 62
Stat. 467; June 24, 1948, c. 621, § 4(e, f), 62 Stat. 601; June 25, •
1948, c. 654, § 1, 62 Stat. 1017; July 3, 1956, c. 510, § 4, 70 Stat. •
490; Sept. 15, 1960, Pub.L. 86-798, 74 Stat. 1053; Oct. 17, 1962,
Pub.L. 87-838, § 2, 76 Stat. 1073; Aug. 9, 1965, Pub.L. 89-115,
§ 3, 79 Stat. 448; Dec. 5, 1967, Pub.L. 90-174, § 9, 81 Stat. 540;
and amended Oct. 30, 1970, Pub.L. 91-515, Title II, § 292, 84 Stat.
1308.
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Part B.—Federal-State Cooperation
§ 243. General grant of authority for cooperation — Enforcement
of quarantine regulations; prevention of communicable diseases
(a) The Secretary is authorized to accept from State and local
authorities any assistance in the enforcement of quarantine
regulations made pursuant to this chapter which such
authorities may be able and willing to provide. The Secretary
shall also assist States and their political subdivisions in the
prevention and suppression of communicable diseases, shall
cooperate with and aid State and local authorities in the
enforcement of their quarantine and other health regulations
and in carrying out the purposes specified in section 246 of this
title, and shall advise the several States on matters relating to
the preservation and improvement of the public health.
Comprehensive and continuing planning; training of
personnel for State and local health work
(b) The Secretary shall encourage cooperative activities
between the States with respect to comprehensive and
continuing planning as to their current and future health needs,
the establishment and maintenance of adequate public services,
and otherwise carrying out the purposes of section 246 of this
title. The Secretary is also authorized to train personnel for
State and local health work.
Problems resulting from disasters; emergencies; reimbursement
of United States
(c) The Secretary may enter into agreements providing for
cooperative planning between Public Health Service medical
facilities and community health facilities to cope with health
problems resulting from disasters, and for participation by
Public Health Service medical facilities in carrying out such
planning. He may also, at the request of the appropriate State or
local authority, extend temporary (not in excess of forty-five
days) assistance to States or localities in meeting health
emergencies of such a nature as to warrant Federal assistance.
The Secretary may require such reimbursement of the United
States for aid (other than planning) under the preceding
sentences of this subsection as he may determine to be
reasonable under the circumstances. Any reimbursement so
paid shall be credited to the applicable appropriation of the
Public Health Service for the year in which such reimbursement
is received.
74 Rev.-27B
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July 1, 1944, c. 373, Title III, § 311, 58 Stat. 693; Nov. 3, 1966, •
Pub.L. 89—749, § 5, 80 Stat. 1190; Dec. 5,1967, Pub.L. 90-174, § 4, •
81 Stat. 536; and amended Oct. 30, 1970, Pub.L. 91-515, Title II,
§ 282, 84 Stat. 1308.
§ 246. Grants and services to States — Comprehensive health
planning and services
(a)(l) "In order to assist the States in comprehensive and
continuing planning for their current and future health needs,
the Secretary is authorized during the period beginning July 1,
1966, and ending June 30, 1973, to make grants to States which
have submitted, and had approved by the Secretary, State plans
for comprehensive State health planning. For the purposes of
carrying out this subsection, there are hereby authorized to be
appropriated $2,500,000 for the fiscal year ending June 30,1967,
$7,000,000 for the fiscal year ending June 30,1968, $10,000,006 for
the fiscal year ending June 30, 1969, $15,000,000 for the fiscal
year ending June 30,1970, $15,000,000 for the fiscal year ending
June 30,1971, $17,000,000 for the fiscal year ending June 30,1972,
$20,000,000 for the fiscal year ending June 30, 1973, and
$10,000,000 for the fiscal year ending June 30, 1974. mm
(2) In order to be approved for purposes of this subsection, a •
State plan for comprehensive State health planning must—
(A) designate, or provide for the establishment of, a single
State agency, which may be an interdepartmental agency, as H
the sole agency for administering or supervising the ••
administration of the State's health planning functions under
the plan;
(B) provide for the establishment of a State health
planning council, which shall include representatives of
Federal, State, and local agencies (including as an ex officio
member, if there is located in such State one or more hospitals
or other health care facilities of the Veterans' Administration,
the individual whom the Administrator of Veterans' Affairs
shall have designated to serve on such council as the
representative of the hospitals or other health care facilities of
such Administration which are located in such State) and
nongovernmental organizations and groups concerned with
health, (including representation of the regional medical
program or programs included in whole or in part within the
State) and of consumers of health services, to advise such State
agency in carrying out its functions under the plan, and a
majority of the membership of such council shall consist of
representatives of consumers of health services;
74 Eev.-276
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(C) set forth policies and procedures for the expenditure of
funds under the plan, which, in the judgment of the Secretary
are designed to provide for comprehensive State planning for
health services (both public and private) and including home
health care, including the facilities and persons required for
the provision of such services, to meet the health needs of the
people of the State and including environmental
considerations as they relate to public health;
(D) provide for encouraging cooperative efforts among
governmental or nongovernmental agencies, organizations
and groups concerned with health services, facilities, or
manpower, and for cooperative efforts between such agencies,
organizations, and groups and similar agencies,
organizations, and groups in the field of education, welfare,
and rehabilitation;
(E) contain or be supported by assurances satisfactory to
the Secretary that the funds paid under this subsection will be
used to supplement and, to the extent practicable, to increase
the level of funds that would otherwise be made available by
the State for the purpose of comprehensive health planning
and not to supplant such non-Federal funds;
(F) provide such methods of administration (including
methods relating to the establishment and maintenance of
personnel standards on a merit basis, except that the
Secretary shall exercise no authority with respect to the
selection, tenure of office, and compensation of any individual
employed in accordance with such methods) as are found by
the Secretary to be necessary for the proper and efficient
operation of the plan;
(G) provide that the State agency will make such reports, in
such form and containing such information, as the Secretary
may from time to time reasonably require, and will keep such
records and afford such access thereto as the Secretary finds
necessary to assure the correctness and verification of such
reports;
(H) provide that the State agency will from time to time,
but not less often than annually, review its State plan
approved under this subsection and submit to the Secretary
appropriate modifications thereof;
(I) effective July 1, 1968, (i) provide for assisting each
health care facility in the State to develop a program for
capital expenditures for replacement, modernization, and
expansion which is consistent with an overall State plan
developed in accordance with criteria established by the
74 Rev.-277
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Secretary after consultation with the State which will meet
the needs of the State for health care facilities, equipment, and
services without duplication and otherwise in the most
efficient and economical manner, and (ii) provide that the
State agency furnishing such assistance will periodically
review the program (developed pursuant to clause (i)) of each
health care facility in the State and recommend appropriate
modification thereof;
(J) provide for such fiscal control and fund accounting
procedures as may be necessary to assure proper
disbursement of an accounting for funds paid to the State H
under this subsection; and Hi
(K) contain such additional information and assurances as
the Secretary may find necessary to carry out the purposes of B|
this subsection. II
(3) (A) From the sums appropriated for such purpose for
each fiscal year, the several States shall be entitled to allotments
determined, in accordance with regulations, on the basis of the
population and the per capita income of the respective States;
except that no such allotment to any State for any fiscal year
shall be less than 1 per centum of the sum appropriated for such H|
fiscal year pursuant to paragraph (1). Any such allotment to a H
State for a fiscal year shall remain available for obligation by the
State, in accordance with the provisions of this subsection and mm
the State's plan approved thereunder, until the close of the •
succeeding fiscal year.
(B) The amount of any allotment to a State under
subparagraph (A) for any fiscal year which the Secretary
determines will not be required by the State, during the period
for which it is available, for the purposes for which allotted shall
be available for reallotment by the Secretary from time to time,
on such date or dates as he may fix, to other States with respect
to which such a determination has not been made, in proportion
to the original allotments to such States under subparagraph (A)
for such fiscal year, but with such proportionate amount for any
of such other States being reduced to the extent it exceeds the
sum the Secretary estimates such State needs and will be able to
use during such period; and the total of such reductions shall be
similarly reallotted among the States whose proportionate
amounts were not so reduced. Any amount so reallotted to a
State from funds appropriated pursuant to this subsection for a
fiscal year shall be deemed part of its allotment under
subparagraph (A) for such fiscal year.
(4) From each State's allotment for a fiscal year under this M
74 Rev.-278
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subsection, the State shall from time to time be paid the Federal
share of the expenditures incurred during that year or the
succeeding year pursuant to its State plan approved under this
subsection. Such payments shall be made on the basis of
estimates by the Secretary of the sums the State will need in
order to perform the planning under its approved State plan
under this subsection, but with such adjustments as may be
necessary to take account of previously made underpayments or
overpayments. The "Federal share" for any State for purposes of
this subsection shall be all, or such part as the Secretary may
determine, of the cost of such planning, except that in the case of
the allotments for the fiscal year ending June 30,1970, it shall not
exceed 75 per centum of such cost.
Project grants for areawide health planning; authorization of appropriations;
prerequisite for grants; application; contents
(b) (1) (A) The Secretary is authorized, during the period
beginning July 1, 1966, and ending June 20, 1974, to make, with
the approval of the State Agency administering or supervising
the administration of the State plan approved under subsection
(a) of this section, project grants to any other public or nonprofit
private agency or organization (but with appropriate
representation of the interests of local government where the
recipient of the grant is not a local government or combination
thereof on an agency of such government or combination) to
cover not to exceed 75 per centum of the cost of projects for
developing (and from time to time revising) comprehensive
regional, metropolitan area, or other local area plans for
coordination of existing and planned health services, including
the facilities and persons required for provision of such services;
and including the provision of such services through home
health care except that in the case of project grants made in any
State prior to July 1,1968, approval of such State agency shall be
required only if such State has such a State plan in effect at the
time of such grants. No grant may be made under this subsection
after June 30, 1970, to any agency or organization to develop or
revise health plans for an area unless the Secretary determines
that such agency or organization provides means for
appropriate representation of the interests of the hospitals,
other health care facilities, and practicing physicians serving
such area, and the general public. For the purposes of carrying
out this subsection, there are hereby authorized to be
appropriated $5,000,000 for the fiscal year ending June 30,1967,
$7,500,000 for the fiscal year ending June 30,1968, $10,000,000 for
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the fiscal year ending June 30, 1969, $15,000,000 for the fiscal I
year ending June 30,1970, $20,000,000 for the fiscal year ending
June 30,1971, $30,000,000 for the fiscal year ending June 30,1972,
$40,000,000 for the fiscal year ending June 30, 1973, and •
$25,100,000 for the fiscal year ending June 30, 1974. •
(B) Project grants may be made by the Secretary under
subparagraph (A) to the State agency administering or
supervising the administration of the State plan approved under
subsection (a) of this section with respect to a particular region
or area, but only if (i) no application for such a grant with respect
to such region or area has been filed by any other agency or
organization qualified to receive such a grant, and (ii) such State
agency certifies, and the Secretary finds, that ample opportunity
has been afforded to qualified agencies and organizations to file
application for such a grant with respect to such region or area
and that it is improbable that, in the foreseeable future, any
agency or organization which is qualified for such a grant will
file application therefor.
(2) (A) In order to be approved under this subsection, an
application for a grant under this subsection must contain or be
supported by reasonable assurances that there has been or will
be established, in or for the area with respect to which such grant
is sought, an areawide health planning council. The membership
of such council shall include representatives of public, voluntary,
and nonprofit private agencies, instititutions, and organizations
concerned with health (including representatives of the
interests of local government, of the regional medical program
for such area, and of consumers of health services). A majority of
the members of such council shall consist of representatives of
consumers of health services.
(B) In addition, an application for a grant under this
subsection must contain or be supported by reasonable
assurances that the areawide health planning agency has made
provision for assisting health care facilities in its area to develop
a program for capital expenditures for replacement,
modernization, and expansion which is consistent with an
overall State plan which will meet the needs of the State and the
area for health care facilities, equipment, and services without
duplication and otherwise in the most efficient and economical
manner.
Project grants for training, studies and demonstrations; authorization of
appropriations
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(c) The Secretary is also authorized, during the period H
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beginning July 1,1966, and ending June 30,1974, to make grants
to any public or nonprofit private agency, institution, or other
organization to cover all or any part of the cost of projects for
training, studies, or demonstrations looking toward the
development of improved or more effective comprehensive
health planning throughout the Nation. For the purposes of
carrying out this subsection, there are hereby authorized to be
appropriated $1,500,000 for the fiscal year ending June 30,1967,
$2,500,000 for the fiscal year ending June 30,1968, $5,000,000 for
the fiscal year ending June 30,1969, $7,500,000 for the fiscal year
ending June 30, 1970, $8,000,000 for the fiscal year ending June
30, 1971, $10,000,000 for the fiscal year ending June 30, 1972,
$12,000,000 for the fiscal year ending June 30, 1973, and
$4,700,000 for the fiscal year ending June 30, 1974.
Grants for comprehensive public health services; authorization of appropriations;
State plans; allotments; payments to States; Federal share; allocation of funds
(d) (1) There are authorized to be appropriated $70,000,000
for the fiscal year ending June 30,1968, $90,000,000 for the fiscal
year ending June 30,1969, $100,000,000 for the fiscal year ending
June 30, 1970, $130,000,000 for the fiscal year ending June 30,
1971, $145,000,000 for the fiscal year ending June 30, 1972,
$165,000,000 for the fiscal year ending June 30, 1973, and
$90,000,000 for the fiscal year ending June 30,1974, to enable the
Secretary to make grants to State health or mental health
authorities to assist the States in establishing and maintaining
adequate public health services, including the training of
personnel for State and local health work. The sums so
appropriated shall be used for making payments to States which
have submitted, and had approved by the Secretary, State plans
for provision of public health services, except that, for any fiscal
year ending after June 30,1968, such portion of such sums as the
Secretary may determine, but not exceeding 1 per centum
thereof, shall be available to the Secretary for evaluation
(directly or by grants or contracts) of the program authorized by
this subsection and the amount available for allotments
hereunder shall be reduced accordingly.
(2) In order to be approved under this subsection, a State plan
for provision of public health services must—
(A) provide for administration or supervision of
administration by the State health authority or, with respect
to mental health services, the State mental health authority;
(B) set forth the policies and procedures to be followed in
the expenditure of the funds paid under this subsection;
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(C) contain or be supported by assurances satisfactory to H
the Secretary that (i) the funds paid to the State under this
subsection will be used to make a significant contribution
toward providing and strengthening public health services in
the various political subdivisions in order to improve the
health of the people; (ii) such funds will be made available to
other public or nonprofit private agencies, institutions, and
organizations, in accordance with criteria which the Secretary
determines are designed to secure maximum participation of
local, regional, or metropolitan agencies and groups in the
provision of such services; (iii) such funds will be used to
supplement and, to the extent practical, to increase the level of
funds that would otherwise be made available for the purposes
for which the Federal funds are provided and not to supplant
such non-Federal funds; and (iv) the plan is compatible with
the total health program of the State;
(D) provide for the furnishing of public health services
under the State plan in accordance with such plans as have
been developed pursuant to subsection (a) of this section;
(E) provide that public health services furnished under the
plan will be in accordance with standards prescribed by
regulations, including standards prescribed by regulations,
including standards as to the scope and quality of such
services;
(F) provide such methods of administration (including
methods relating to the establishment and maintenance of
personnel standards on a merit basis, except that the
Secretary shall exercise no authority with respect to the
selection, tenure of office, and compensation of any individual
employed in accordance with such methods) as are found by
the Secretary to be necessary for the proper and efficient
operation of the plan;
(G) provide that the State health authority or, with respect
to mental health services, the State mental health authority,
will from time to time, but not less often than annually, review
and evaluate its State plan approved under this subsection
and submit to the Secretary appropriate modifications
thereof;
(H) provide that the State health authority or, with respect
to mental health services, the State mental health authority,
will make such reports, in such form and containing such
information, as the Secretary may from time to time
reasonably require, and will keep such records and afford such
access thereto as the Secretary finds necessary to assure the mm
correctness and verification of such reports; •
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(I) provide for such fiscal control and fund accounting
procedures as may be necessary to assure the proper
disbursement of and accounting for funds paid to the State
under this subsection;
(J) contain such additional information and assurances as
the Secretary may find necessary to carry out the purposes of
this subsection;
(K) provide for services for the prevention and treatment of
drug abuse and drug dependence, commensurate with the
extent of the problem; and
(L) provide for service for the prevention and treatment of
alcohol abuse and alcoholism, commensurate with the extent
of the problem.
(3) From the sums appropriated to carry out the provisions of
this subsection the several States shall be entitled for each fiscal
year to allotments determined, in accordance with regulations,
on the basis of the population and financial need of the respective
States, except that no State's allotment shall be less for any year
than the total amounts allotted to such State under formula
grants for cancer control, plus other allotments under this
section, for the fiscal year ending June 30, 1967.
(4) (A) Prom each State's allotment under this subsection
for a fiscal year, the State shall be paid the Federal share of the
expenditures incurred during such year under its State plan
approved under this subsection. Such payments shall be made
from time to time in advance on the basis of estimates by the
Secretary of the sums the State plan, except that such
adjustments as may be necessary shall be made on account of
previously made underpayments or overpayments under this
subsection.
(B) For the purpose of determining the Federal share for
any State, expenditures by nonprofit private agencies,
organizations, and groups shall, subject to such limitations
and conditions as may be prescribed by regulations, be
regarded as expenditures by such State or a political
subdivision thereof.
(5) The "Federal share" for any State for purposes of this
subsection 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 capital income of the United
States; except that in no case shall such percentage be less
than 33V3 per centum or more than 66% per centum, and except
that the Federal share for the Commonwealth of Puerto Rico,
Guam, American Samoa, the Trust Territory of the Pacific
Islands, and the Virgin Islands shall be 66% per centum.
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(6) The Federal shares shall be determined by the Secretary
between July 1 and September 1 of each year, on the basis of the
average per capita incomes of each of the States and of the
United States for the most recent year for which satisfactory •
data are available from the Department of Commerce, and such •
determination shall be conclusive for the fiscal year beginning
on next July 1. The populations of the several States shall be ••
determined on the basis of the latest figures for the population of H
the several States available from the Department of Commerce.
(7) At least 15 per centum of a State's allotment under this
subsection shall be available only to the State mental health •
authority for the provision under the State plan of mental health ™
services. Effective with respect to allotments under this
subsection for fiscal years ending after June 30,1968, at least 70
per centum of such amount reserved for mental health services
and at least 70 per centum of the remainder of a State's allotment
under this subsection shall be available only for the provision M
under the State plan of services in communities of the State. •
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Project grants for health services and related training; authorization of
appropriations; review of application by appropriate areawide health
planning agency
(e) There are authorized to be appropriated $90,000,000 for
the fiscal year ending June 30, 1968, $95,000,000 for the fiscal
year ending June 30, 1969, $80,000,000 for the fiscal year ending
June 30, 1970, $109,500,000 for the fiscal year ending June 30,
1971, $135,000,000 for the fiscal year ending June '30, 1972,
$157,000,000 for the fiscal year ending June 30, 1973, and
$230,700,000 for the fiscal year ending June 30,1974 for grants to
any public or nonprofit private agency, institution, or
organization to cover part of the cost (including equity H|
requirements and amortization of loans on facilities acquired H
from the Office of Ecnomic Opportunity or construction in
connectibn with any program or project transferred from the •
Office of Economic Opportunity) of (1) providing services •
(including related training) to meet health needs of limited
geographic scope or of specialized regional or national ^m
significance, or (2) developing and supporting for an initial H
period new programs of health services (including related ™
training). Any grant made under this subsection may be made
only if the application for such grant has been referred for review
and comment to the appropriate areawide health planning
agency or agencies (or, if there is no such agency in the area, then
to such other public or nonprofit private agency or organization «
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(if any) which performs similar functions) and only if the services
assisted under such grant will be provided in accordance with
such plans as have been developed pursuant to subsection (a) of
this section. No grant may be made under this subsection for the
fiscal year ending June 30, 1974, to cover the cost of services
described in clause (1) or (2) of the first sentence if a grant or
contract to cover the cost of such services may be made or
entered into from funds authorized to be appropriated for such
fiscal year under an authorization of appropriations in any
provision of this chapter (other than this subsection) amended by
Title I of the Health Programs Extension Act of 1973.
Repeal
Subsec. (f) of this section repealed (less applicability to
commissioned officers of the Public Health Service) by Pub.L,
91-648, Title IV, §§ 403, 404, Jan. 5,1971, 84 Stat. 1925, effective
sixty days after Jan. 5, 1971.
Interchange of personnel with States
(f) (1) For the purposes of this subsection, the term "State"
means a State or a political subdivision of a State or any agency
of either of the foregoing engaged in any activities related to
health or designated or established pursuant to subparagraph
(A) of paragraph (2) of subsection (a) of this section; the term
"Secretary" means (except when used in paragraph (3) (D) the
Secretary of Health, Education, and Welfare; and the term
"Department" means the Department of Health, Education, and
Welfare.
(2) The Secretary is authorized, through agreements or
otherwise, to arrange for assignment to States of officers and
employees of the States to the Department and assignment to
States of officers and employees in the Department engaged in
work related to health, for work which the Secretary determines
will aid the Department in more effective discharge of its
responsibilities in the field of health as authorized by law,
including cooperation with States and the provision of technical
or other assistance. The period of assignment of any officer or
employee under an arrangement shall not exceed two years.
(3) (A) Officers and employees in the Department assigned
to any State pursuant to this subsection shall be considered,
during such assignment, to be (i) on detail to a regular work
assignment in the Department, or (ii) on leave without pay from
their positions in the Department.
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(B) Persons considered to be so detailed shall remain as H
officers or employees, as the case may be, in the Department for
all purposes, except that the supervision of their duties during
the period of detail may be governed by agreement between the H
Department and the State involved. •
(C) In the case of persons so assigned and on leave without
Pay— •
(i) if the rate of compensation (including allowances) for HJ
their employment by the State is less than the rate of
compensation (including allowances) they would be receiving _
had they continued in their regular assignment in the H
Department, they may receive supplemental salary payments ^"
from the Department in the amount considered by the
Secretary to be justified, but not at a rate in excess of the II
difference between the State rate and the Department rate; •
and
(ii) they may be granted annual leave and sick leave to the ••
extent authorized by law, but only in circumstances •
considered by the Secretary to justify approval of such leave.
Such officers and employees on leave without pay shall,
notwithstanding any other provision of law, be entitled—
(iii) to continuation of their insurance under the Federal
Employees' Group Life Insurance Act of 1954, and coverage
under the Federal Employees Health Benefits Act of 1959, so
long as the Department continues to collect the employee's
contribution from the officer or employee involved and to
transmit for timely deposit into the funds created under such _
Acts the amount of the employee's contributions and the •
Government's contribution from appropriations of the
Department; and
(iv) (I) in the case of commissioned officers of the Service, HI
to have their service during their assignment treated as •
provided in section 215(d) of this title for such officers on
leave without pay, or (II) in the case of other officers and ••
employees in the Department, to credit the period of their HJ
assignment under the arrangement under this subsection
toward periodic or longevity step increases and for retention
and leave accrual purposes, and, upon payment into the civil
service retirement and disability fund of the percentage of
their State salary, and of their supplemental salary payments,
if any, which would have been deducted from a like Federal H
salary for the period of such assignment and payment by the HJ
Secretary into such fund of the amount which would have been
payable by him during the period of such assignment with ••
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respect to a like Federal salary, to treat (notwithstanding the
provisions of the Independent Offices Appropriation Act, 1959,
under the head "Civil Service Retirement and Disability
Fund") their service during such period, as service within the
meaning of the Civil Service Retirement Act;
except that no officer or employee or his beneficiary may receive
any benefits under the Civil Service Retirement Act, the Federal
Employees Health Benefits Act of 1959, or the Federal
Employees' Group Life Insurance Act of 1954, based on service
during an assignment hereunder for which the officer or
employee or (if he dies without making such election) his
beneficiary elects to receive benefits, under any State
retirement or insurance law or program, which the Civil Service
Commission determines to be similar. The Department shall
deposit currently in the funds created under the Federal
Employees' Group Life Insurance Act of 1954, the Federal
Employees Health Benefits Act of 1959, and the civil service
retirement and disability fund, respectively, the amount of the
Government's contribution under these Acts on account of
service with respect to which employee contributions are
collected as provided in subparagraph (iii) and the amount of the
Government's contribution under the Civil Service Retirement
Act on account of service with respect to which payments (of the
amount which would have been deducted under that Act)
referred to in subparagraph (iv) are made to such civil service
retirement and disability fund.
(D) Any such officer or employee on leave without pay (other
than a commissioned officer of the Service) who suffers disability
or death as a result of personal injury sustained while in the
performance of his duty during an assignment hereunder, shall
be treated, for the purposes of the Federal Employees'
Compensation Act, as though he were an employee, as defined in
such Act, who had sustained such injury in the performance of
duty. When such person (or his dependents, in case of death)
entitled by reason of injury or death to benefits under that Act is
also entitled to benefits from a State for the same injury or
death, he (or his dependents in case of death) shall elect which
benefits he will receive. Such election shall be made within one
year after the injury or death, or such further time as the
Secretary of Labor may for good cause allow, and when made
shall be irrevocable unless otherwise provided by law.
(4) Assignment of any officer or employee in the Department
to a State under this subsection may be made with or without
reimbursement by the State for the compensation (or
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supplementary compensation), travel and transportation •
expenses (to or from the place of assignment), and allowances, or
any part thereof, of such officer or employee during the period of
assignment, and any such reimbursement shall be credited to
the appropriation utilized for paying such compensation, travel
or transportation expenses, or allowances.
(5) Appropriations to the Department shall be available, in
accordance with the standardized Government travel
regulations or, with respect to commissioned officers of the
Service, the joint travel regulations, for the expenses of travel of
officers and employees assigned to States under an arrangement
under this subsection on either a detail or leave-without-pay
basis and, in accordance with applicable law, orders, and
regulations, for expenses of transportation of their immediate
families and expenses of transportation of their household goods
and personal effects, in connection with the travel of such
officers and employees to the location of their posts of
assignment and their return to their official stations.
(6) Officers and employees of States who are assigned to the
Department under an arrangement under this subsection may
(A) be given appointments in the Department covering the
periods of such assignments, or (B) be considered to be on detail
to the Department. Appointments of persons so assigned may be
made without regard to the civil service laws. Persons so
appointed in the Department shall be paid at rates of
compensation determined in accordance with the Classification
Act of 1949, and shall not be considered to be officers or
employees of the Department for the purposes of (A) the Civil
Service Retirement Act, (B) the Federal Employees' Group Life
Insurance Act of 1954, or (C) unless their appointments result in
the loss of coverage in a group health benefits plan whose
premium has been paid in whole or in part by a State
contribution, the Federal Employees Health Benefits Act of
1959. State officers and employees who are assigned to the
Department without appointment shall not be considered to be
officers or employees of the Department, except as provided in
subsection (7), nor shall they be paid a salary or wage by the
Department during the period of their assignment. The
supervision of the duties of such persons during the assignment
may be governed by agreement between the Secretary and the
State involved.
(7) (A) Any State officer or employee who is assigned to the
Department without appointment shall nevertheless be subject
to the provisions of sections 203,205,207,208, and 209, of Title 18. mm
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(B) Any State officer or employee who is given an
appointment while assigned to the Department, or who is
assigned to the Department without appointment, under an
arrangement under this subsection, and who suffers disability or
death as a result of personal injury sustained while in the
performance of his duty during such assignment shall be
treated, for the purpose of the Federal Employees'
Compensation Act, as though he were an employee, as defined in
such Act, who had sustained such injury in the performance of
duty. When such person (or his dependents, in case of death)
entitled by reason of injury or death to benefits under that Act is
also entitled to benefits from a State for the same injury or
death, he (or his dependents, in case of death) shall elect which
benefits he will receive. Such election shall be made within one
year after the injury or death, or such further times as the
Secretary of Labor may for good cause allow, and when made
shall be irrevocable unless otherwise provided by law.
(8) The appropriations to the Department shall be available,
in accordance with the standardized Government travel
regulations, during the period of assignment and in the case of
travel to and from their places of assignment or appointment, for
the payment of expenses of travel of persons assigned to, or given
appointments by, the Department under an arrangement under
this subsection.
(9) All arrangements under this subsection for assignment of
officers or employees in the Department to States or for
assignment of officers or employees of States to the Department
shall be made in accordance with regulations of the Secretary.
Consultation with State authorities; failure to comply with statute or rules and
regulations; definitions
(g) (1) All regulations and amendments thereto with
respect to grants to States under subsection (a) of this section
shall be made after consultation with a conference of the State
health planning agencies designated or established pursuant to
subparagraph (A) and paragraph (2) of subsection (a) of this
section. All regulations and amendments thereto with respect to
grants to States under subsection (d) of this section shall be made
after consultation with a conference of State health authorities
and, in the case of regulations and amendments which relate to
or in any way affect grants for services or other activities in the
field of mental health, the State mental health authorities.
Insofar as practicable, the Secretary shall obtain the agreement,
prior to the issuance of such regulations or amendments, of the
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State authorities or agencies with whom such consultation is
required.
(2) The Secretary, at the request of any recipient of a grant
under this section, may reduce the payments to such recipient by II
the fair market value of any equipment or supplies furnished to •
such recipient and by the amount of the pay, allowances,
traveling expenses, and any other costs in connection with the ••
detail of an officer or employee to the recipient when such •
furnishing or such detail, as the case may be, is for the
convenience of and at the request of such recipient and for the
purpose of carrying out the State plan or the project with respect
to which the grant under this section is made. The amount by
which such payments are so reduced shall be available for
payment of such costs (including the costs of such equipment and
supplies) by the Secretary, but shall, for purposes of determing
the Federal share under subsection (a) or (d) of this section, be
deemed to have been paid to the State.
(3) Whenever the Secretary, after reasonable notice and
opportunity for hearing to the health authority or, where
appropriate, the mental health authority of a State or a State
health planning agency designated or established pursuant to
subparagraph (A) of paragraph (2) of subsection (a) of this
section, finds that, with respect to money paid to the State out of
appropriations under subsection (a) or (d) of this section, there is
a failure to comply substantially with either—
(A) the applicable provisions of this section;
(B) the State plan submitted under such subsection; or
(C) applicable regulations under this section;
the Secretary shall notify such State health authority, mental
health authority, or health planning agency, as the case may be,
that further payments will not be made to the State from
appropriations under such subsection (or in his discretion that
further payments will not be made to the State from such
appropriations for activities in which there is such failure), until ••
he is satisfied that there will no longer be such failure. Until he is H
so satisfied, the Secretary shall make no payment to such State
from appropriations under such subsection, or shall limit
payment to activities in which there is no such failure. H
(4) For the purposes of this section— HI
(A) The term "nonprofit" as applied to any private agency,
institution, or organization means one which is a corporation
or association, or is owned and operated by one or more
corporations or associations, no part of the net earnings of
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which inures, or may lawfully inure, to the benefit of any
private shareholder or individual; and
(B) The term "State" includes the Commonwealth of
Puerto Rico, Guam, American Samoa, the Trust of Territory of
-the Pacific Islands, the Virgin Islands, and the District of
Columbia and the term "United States" means the fifty States
and the District of Columbia.
July 1,1944, c. 373, Title III, § 314, 58 Stat. 693; July 3,1946, c. 538,
§ 9, 60 Stat. 424; June 16,1948, c. 481, § 5, 62 Stat. 468; 1953 Reorg.
Plan No. 1, §§ 5,8, eff. Apr. 11,1953,18 F.R. 2053,67 Stat. 631; Aug.
1,1956, c. 852, § 18, 70 Stat. 910; July 22,1958, Pub.L. 85-544, § 1, 72
Stat. 400; Oct. 5,1961, Pub.L. 87-395, § 2(a)-(d), 75 Stat. 824; Sept.
25,1962, Pub.L. 87-688, § 4(a) (1), 76 Stat. 587; Aug. 5,1965, Pub.L.
89-109, § 4, 79 Stat. 436; Nov. 3, 1966, Pub.L. 89-749, § 3, 80 Stat.
1181; Dec. 5,1967, Pub.L. 90-174, §§ 2(a)-(f), 3(b) (2), 8(a), (b), 12(d),
81 Stat. 533-535, 540, 541.
As amended June 30, 1970, Pub.L. W-296, Title I, § 111 (b), Title
IV, § 401(b) (1) (C), (D), 84 Stat. 340, 352, Oct. 27, 1970, Pub.L.
91-513, Title I, § 3(b), 84 Stat. 1241; Oct. 30, 1970, Pub.L. 91-515,
Title II, §§ 220,230,240, 250,260(a), (b), (1), 282,84 Stat. 1304-1306,
1308; and amended Dec. 31,1970, Pub.L. 91-616, Title III, § 331,84
Stat. 1853, as amended June 18, 1973, Pub.L. 93-45, Title I, § 106,
87 Stat. 92.
Part G.—Quarantine and Inspection
§ 264. Regulations to control communicable diseases;
apprehension, detention, and release of certain persons from
particular places
(a) The Surgeon General, with the approval of the Secretary,
is authorized to make and enforce such regulations as in his
judgment are necessary to prevent the introduction,
transmission, or spread of communicable diseases for foreign
countries into the States, or possessions, or from one State or
possession into any other State or possession. For purposes of
carrying out and enforcing such regulations, the Surgeon
General may provide for such inspection, fumigation,
disinfection, sanitation, pest extermination, destruction of
animals or articles found to be so infected or contaminated as to
be sources of dangerous infection to human beings, and other
measures, as in his judgment may be necessary.
(b) Regulations prescribed under this section shall not
provide for the apprehension, detention, or conditional release of
individuals except for the purpose of preventing the
introduction, transmission, or spread of such communicable
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diseases as may be specified from time to time in Executive •
orders of the President upon the recommendation of the H
National Advisory Health Council and the Surgeon General.
(c) Except as provided in subsection (d) of this section,
regulations prescribed under this section, insofar as they
provide for the apprehension, detention, examination, or
conditional release of individuals, shall be applicable only to «
individuals coming into a State or possession from a foreign II
country or a possession.
(d) On recommendation of the National Advisory Health
Council, regulations prescribed under this section may provide II
for the apprehension and examination of any individual •
reasonably believed to be infected with a communicable disease
in a communicable stage and (1) to be moving or about to move ••
from a State to another State; or (2) to be a probable source of II
infection to individuals who, while infected with such disease in a
communicable stage, will be moving from a State to another
State. Such regulations may provide that if upon examination
any such individual is found to be infected, he may be detained
for such time and in such manner as may be reasonably
necessary. II
July 1, 1944, c. 373, Title III, § 361, 58 Stat. 703; 1953 Eeorg. Plan •
No. 1, §§ 5, 8, eff. Apr. 11,1953,18 F.R. 2053, 67 Stat. 631; July 12,
1960, Pub.L. 86-624, § 29 (c), 74 Stat. 419. •
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SPECIAL PACKAGING OF HOUSEHOLD SUBSTANCES
FOR PROTECTION OF CHILDREN
Sec.
1471. Definitions.
1472. Special packaging standards.
(a) Establishment.
(b) Considerations.
(c) Publication of findings, reasons, and citation of statutory au-
thorizations.
(d) Limitation.
1473. Conventional packages, marketing.
(a) Noncomplying packages for elderly or handicapped persons;
labeling statements.
(b) Noncomplying packages for substances dispensed pursuant to
orders of medical practitioners.
(c) Exclusive use of special packaging; necessary circumstances.
1474, Regulations for special packaging standards.
(a) Rule making procedure; election and application of procedure
under section 371 of Title 21; publication of election and pro-
posal.
(b) Judicial review; petition; record; additional evidence; jurisdic-
tion of court of appeals; scope of review; relief pending re-
view; finality of judgment; review by Supreme Court.
1475. Technical advisory committee.
(a) Appointment; designation of chairman; representation of in-
terests ; consultation of Secretary with committee.
(b) Compensation and travel expenses.
1476. Federal preemption.
§1471. Definitions
For the purpose of this Act—
(1) The term "Secretary" means the Secretary of Health, Edu-
• cation, and Welfare.
(2) The term "household substance" means any substance
which is customarily produced or distributed for sale for con-
sumption or use, or customarily stored, by individuals in or about
• the household and which is—
•i (A) a hazardous substance as that term is defined in sec-
tion 1261 (f) of this title;
|(B) a pesticide as that term is defined in section 135 (a) of
Title?;
(C) a food, drug, or cosmetic as those terms are defined
• in section 321 of Title 21; or
(D) a substance intended for use as fuel when stored in a
portable container and used in the heating, cooking, or refrig-
eration system of a house.
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15 § 1471 EPA CURRENT LAWS—PESTICIDES
(3) The term "package" means the immediate container or
wrapping in which any household substance is contained for con-
sumption, use, or storage by individuals in or about the household, _
and, for purposes of section 1473 (a) (2) of this title, also means •
any outer container or wrapping used in the retail display of any
such substance to consumers. Such term does not include—
(A) any shipping container or wrapping used solely for H
the transportation of any household substance in bulk or in •
quantity to manufacturers, packers, or processors, or to
wholesale or retail distributors thereof, or
(B) any shipping container or outer wrapping used by
retailers to ship or deliver any household substance to con-
sumers unless it is the only such container or wrapping. —-
(4) The term "special packaging" means packaging that is de- •
signed or constructed to be significantly difficult for children under "
five years of age to open or obtain a toxic or harmful amount of
the substance contained therein within a reasonable time and not flj
difficult for normal adults to use properly, but does not mean Hi
packaging which all such children cannot open or obtain a toxic
or harmful amount within a reasonable time. mm
(5) The term "labeling" means all labels and other written, H
printed, or graphic matter (A) upon any household substance or
its package, or (B) accompanying such substance. —-
Pub.L. 90-601, § 2, Dec. 30, 1970, 84 Stat. 1670. •
§ 1472. Special packaging standards—Establishment
(a) The Secretary, after consultation with the technical advi- _
sory committee provided for in section 1475 of this title, may •
establish in accordance with the provisions of this Act, by regu-
lation, standards for the special packaging of any household sub-
stance if he finds that— H
(1) the degree or nature of the hazard to children in the •
availability of such substance, by reason of its packaging, is
such that special packaging is required to protect children ••
from serious personal injury or serious illness resulting from H
handling, using, or ingesting such substance; and
(2) the special packaging to be required by such standard —
is technically feasible, practicable, and appropriate for such •
substance. ™
Considerations
(b) In establishing a standard under this section, the Secretary
shall consider—
(1) the reasonableness of such standard;
(2) available scientific, medical, and engineering data con- H
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SPECIAL PACKAGING ACT 15 § 1472
cerning special packaging- and concerning childhood acci-
dental ingestions, illness, and injury caused by household
substances;
(3) the manufacturing practices of industries affected by
this Act; and
(4) the nature and use of the household substance.
Publication of findings, reasons, and citation of statutory authorizations
(c) In carrying out this Act, the Secretary shall publish his
findings, his reasons therefor, and citation of the sections of stat-
utes which authorize his action.
Limitation
(d) Nothing in this Act shall authorize the Secretary to pre-
scribe specific packaging designs, product content, package quan-
tity, or, with the exception of authority granted in section 1473 (a)
(2) of this title, labeling. In the case of a household substance for
which special packaging is required pursuant to a regulation un-
der this section, the Secretary may in such regulation prohibit the
packaging of such substance in packages which he determines are
unnecessarily attractive to children.
Pub.L. 91-601, § 3, Dec. 30,1970, 84 Stat. 1670.
§ 1473. Conventional packages, marketing—Noncomplying pack-
ages for elderly or handicapped persons; labeling statements
(a) For the purpose of making any household substance which
is subject to a standard established under section 1472 of this title
readily available to elderly or handicapped persons unable to use
such substance when packaged in compliance with such standard,
the manufacturer or packer, as the case may be, may package
any household substance, subject to such a standard, in packag-
ing of a single size which does not comply with such standard if—
(1) the manufacturer (or packer) also supplies such sub-
stance in packages which comply with such standard; and
(2) the packages of such substance which do not meet
such standard bear conspicuous labeling stating; "This pack-
age for households without young children"; except that the
Secretary may by regulation prescribe a substitute statement
to the same effect for packaging too small to accommodate
such labeling.
Noncomplying packages for substances dispensed pursuant to orders of
medical practitioners
(b) In the case of a household substance which is subject to
such a standard and which is dispensed pursuant to an order of a
physician, dentist, or other licensed medical practitioner author-
ized to perscribe, such substance may be dispensed in noncomply-
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15 § 1473 EPA CURRENT LAWS—PESTICIDES
ing packages only when directed in such order or when requested
by the purchaser.
Exclusive use of special packaging; necessary circumstances
(c) In the case of a household substance subject to such a
standard which is packaged under subsection (a) of this section
in a noncomplying package, if the Secretary determines that such
substance is not also being supplied by a manufacturer (or pack-
er) in popular size packages which comply with such standard, he
may, after giving the manufacturer (or packer) an opportunity
to comply with the purposes of this Act, by order require such
substance to be packaged by such manufacturer (or packer) ex-
clusively in special packaging complying with such standard if he
finds, after opportunity for hearing, that such exclusive use of
special packaging is necessary to accomplish the purposes of this
Act.
Pub.L. 91-601, § 4, Dec. 30,1970, 84 Stat. 1671.
§ 1474. Regulations for special packaging standards—Rule mak-
ing procedure; election and application of procedure under section
371 of Title 21; publication of election and proposal
(a) Proceedings to issue, amend, or repeal a regulation pre-
scribing a standard under section 1472 of this title shall be con-
ducted in accordance with the procedures prescribed by section
553 (other than paragraph (3) (B) of the last sentence of sub-
section (b) of such section) of Title 5 unless the Secretary elects
the procedures prescribed by subsection (e) of section 371 of Title
21, in which event such subsection and subsections (f) and (g) of
such section 371 shall apply to such proceedings. If the Secretary
makes such election, he shall publish that fact with the proposal
required to be published under paragraph (1) of such subsection
(e).
Judicial review; petition; record; additional evidence; jurisdiction of court of
appeals; scope of review; relief pending review; finality of judgment;
review by Supreme Court
(b) (1) In the case of any standard prescribed by a regulation
issued in accordance with section 553 of Title 5, any person who
will be adversely affected by such a standard may, at any time
prior to the 60th day after the regulation prescribing such stand-
ard is issued by the Secretary, file a petition with the United
States Court of Appeals for the circuit in which such person re-
sides or has his principal place of business for a judicial review
of such standard. A copy of the petition shall be forthwith trans- H
mitted by the clerk of the court to the Secretary or other officer •
designated by him for that purpose. The Secretary shall file in the
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SPECIAL PACKAGING ACT 15 8 1474
• court the record of the proceedings on which the Secretary based
his standard, as provided in section 2112 of Title 28.
(2) If the petitioner applies to the court for leave to adduce
• additional evidence, and shows to the satisfaction of the court that
such additional evidence is material and that there was no oppor-
tunity to adduce such evidence in the proceeding before the Sec-
• retary, the court may order such additional evidence (and evi-
dence in rebuttal thereof) to be taken before the Secretary in a
hearing or in such other manner, and upon such terms and con-
ditions, as to the court may seem proper. The Secretary may
modify his findings as to the facts, or make new findings, by rea-
son of the additional evidence so taken, and he shall file such
modified or new findings, and his recommendation, if any, for the
• modification or setting aside of his original standard, with the
return of such additional evidence.
(3) Upon the filing of the petition under paragraph (1) of this
• subsection the court shall have jurisdiction to review the standard
of the Secretary in accordance with subparagraphs (A), (B),
(C), and (D) of paragraph (2) of section 706 of Title 5. If the
_ court ordered additional evidence to be taken under paragraph
• (2) of this subsection, the court shall also review the Secretary's
standard to determine if, on the basis of the entire record before
the court pursuant to paragraphs (1) and (2) of this subsection,
• it is supported by substantial evidence. If the court finds the
standard is not so supported, the court may set it aside.
(4) With respect to any standard reviewed under this subsec-
• tion, the court may grant appropriate relief pending conclusion of
the review proceedings, as provided in section 705 of such Title 5.
(5) The judgment of the court affirming or setting aside, in
whole or in part, any such standard of the Secretary shall be final,
subject to review by the Supreme Court of the United States upon
certiorari or certification, as provided in section 1254 of Title 28.
Pub.L. 91-601, § 5, Dec. 30, 1970, 84 Stat. 1671.
§ 1475. Technical advisory committee—Appointment; designa-
tion of chairman; representation of interests; consultation of Sec-
retary with committee
(a) For the purpose of assisting in carrying out the purposes
of this Act, the Secretary shall appoint a technical advisory com-
mittee, designating a member thereof to be chairman, composed
of not more than eighteen members who are representative of (1)
the Department of Health, Education, and Welfare, (2) the De-
partment of Commerce, (3) manufacturers of household sub-
stances subject to this Act, (4) scientists with expertise related
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15 § 1475 EPA CURRENT LAWS—PESTICIDES
to this Act and licensed practitioners in the medical field, (5) con-
sumers, and (6) manufacturers of packages and closures for
household substances. The Secretary shall consult with the techni-
cal advisory committee in making findings and in establishing
standards pursuant to this Act.
Compensation and travel expenses
(b) Members of the technical advisory committee who are not
regular full-time employees of the United States shall, while at-
tending meetings of such committee, be entitled to receive com-
pensation at a rate fixed by the Secretary, but not exceeding $100
per diem, including traveltime, and while so serving 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 section 5703 of Title 5 for persons in the Govern-
ment service employed intermittently.
Pub.L. 91-601, § 6, Dec. 30,1970, 84 Stat. 1672.
§ 1476. Federal preemption •
Whenever a standard established by the Secretary under this Bi
Act applicable to a household substance is in effect no State or
political subdivision thereof shall have any authority either to •
establish or continue in effect, with respect to such household sub- BJ
stance, any standard for special packaging (and any exemption
therefrom and requirement related thereto) which is not identical «
to the standard established under section 1472 of this title (and •
any exemption therefrom and requirement related thereto) of this
Act.
Pub.L. 91-601, § 8, Dec. 30,1970, 84 Stat. 1673. •
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ADMINISTRATIVE PROCEDURE ACT
§ 556. Hearings; presiding employees; powers and duties; bur-
den of proof; evidence; record as basis of decision
(a) This section applies, according to the provisions thereof, to
hearings required by section 553 or 554 of this title to be con-
ducted in accordance with this section.
(b) There shall preside at the taking of evidence—
(1) the agency;
(2) one or members of the body which comprises the
agency; or
(3) one or more hearing examiners appointed under sec-
tion 3105 of this title.
This subchapter does not supersede the conduct of specified classes
of proceedings, in whole or in part, by or before boards or other
employees specially provided for by or designated under statute.
The functions of presiding employees and of employees participat-
ing in decisions in accordance with section 557 of this title shall be
conducted in an impartial manner. A presiding or participating
employee may at any time disqualify himself. On the filing in good
faith of a timely and sufficient affidavit of personal bias or other
disqualification of a presiding or participating employee, the
agency shall determine the matter as a part of the record and
decision in the case.
(c) Subject to published rules of the agency and within its
powers, employees presiding at hearings may—
(1) administer oaths and affirmations;
(2) issue subpenas authorized by law;
(3) rule on offers of proof and receive relevant evidence;
(4) take depositions or have depositions taken when the
ends of justice would be served;
(5) regulate the course of the hearing;
(6) hold conferences for the settlement or simplication of
the issues by consent of the parties;
(7) dispose of procedural requests or similar matters;
(8) make or recommend decisions in accordance with sec-
tion 557 of this title; and
(9) take other action authorized by agency rule consistent
with this subchapter.
(d) Except as otherwise provided by statute, the proponent of
a rule or order has the burden of proof. Any oral or documentary
evidence may be received, but the agency as a matter of policy
shall provide for the exclusion of irrelevant, immaterial, or unduly
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5 § 556 EPA CURRENT LAWS—PESTICIDES ^
repetitious evidence. A sanction may not be imposed or rule or fl
order issued except on consideration of the whole record or those •§
parts thereof cited by a party and supported by and in accordance
with the reliable, probative, and substantial evidence. A party is
entitled to present his case or defense by oral or documentary
evidence, to submit rebuttal evidence, and to conduct such cross-
examination as may be required for a full and true disclosure of
the facts. In rule making or determining claims for money or bene-
fits or applications for initial licenses an agency may, when a party
will not be prejudiced thereby, adopt procedures for the submis-
sion of all or part of the evidence in written form. flj
(e) The transcript of testimony and exhibits, together with all H
papers and requests filed in the proceeding, constitutes the exclu-
sive record for decision in accordance with section 557 of this title ••
and, on payment of lawfully prescribed costs, shall be made avail- •
able to the parties. When an agency decision rests on official notice
of a material fact not appearing in the evidence in the record, a
party is entitled, on timely request, to an opportunity to show the
contrary.
Pub.L. 89-554, Sept. 6,1966, 80 Stat. 386.
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RECORD ON REVIEW AND ENFORCEMENT OF
AGENCY ORDERS
§2112
(a) The rules prescribed under the authority of section 2072 of
this title may provide for the time and manner of filing and the
contents of the record in all proceedings instituted in the courts of
appeals to enjoin, set aside, suspend, modify, or otherwise review
or enforce orders of administrative agencies, boards, commissions,
and officers. Such rules may authorize the agency, board, commis-
sion, or officer to file in the court a certified list of the materials
comprising the record and retain and hold for the court all such
materials and transmit the same or any part thereof to the court,
when and as required by it, at any time prior to the final determi-
nation of the proceeding, and such filing of such certified list of the
materials comprising the record and such subsequent transmittal
of any such materials when and as required shall be deemed full
compliance with any provision of law requiring the filing of the
record in the court. The record in such proceedings shall be certi-
fied and filed in or held for and transmitted to the court of appeals
by the agency, board, commission, or officer concerned within the
time and in the manner prescribed by such rules. If proceedings
have been instituted in two or more courts of appeals with respect
to the same order the agency, board, commission, or officer con-
cerned shall file the record in that one of such courts in which a
proceeding with respect to such order was first instituted. The
other courts in which such proceedings are pending shall there-
upon transfer them to the court of appeals in which the record
has been filed. For the convenience of the parties in the interest of
justice such court may thereafter transfer all the proceedings with
respect to such order to any other court of appeals.
(b) The record to be filed in the court of appeals in such a pro-
ceeding shall consist of the order sought to be reviewed or en-
forced, the findings or report upon which it is based, and the
pleadings, evidence, and proceedings before the agency, board,
commission, or officer concerned, or such portions thereof (1) as
the rules prescribed under the authority of section 2072 of this
title may require to be included therein, or (2) as the agency,
board, commission, or officer concerned, the petitioner for review
or respondent in enforcement, as the case may be, and any inter-
venor in the court proceeding by written stipulation filed with the
agency, board, commission, or officer concerned or in the court in
any such proceeding may consistently with the rules prescribed
under the authority of section 2072 of this title designate to be
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28 § 2112 EPA CURRENT LAWS—PESTICIDES
included therein, or (3) as the court upon motion of a party or,
after a prehearing conference, upon its own motion may by order
in any such proceeding- designate to be included therein. Such a
stipulation or order may provide in an appropriate case that no
record need be filed in the court of appeals. If, however, the cor-
rectness of a finding of fact by the agency, board, commission, or
officer is in question all of the evidence before the agency, board,
commission, or officer shall be included in the record except such
as the agency, board, commission, or officer concerned, the peti-
tioner for review or respondent in enforcement, as the case may
be, and any intervenor in the court proceeding by written stipula-
tion filed with the agency, board, commission, or officer concerned
or in the court agree to omit as wholly immaterial to the ques-
tioned finding. If there is omitted from the record any portion of _
the proceedings before the agency, board, commission, or officer •
which the court subsequently determines to be proper for it to ^*
consider to enable it to review or enforce the order in question the
court may direct that such additional portion of the proceedings
be filed as a supplement to the record. The agency, board, commis-
sion, or officer concerned may, at its option and without regard to
the foregoing provisions of this subsection, and if so requested by
the petitioner for review or respondent in enforcement shall, file
in the court the entire record of the proceedings before it without
abbreviation.
(c) The agency, board, commssion, or officer concerned may
transmit to the court of appeals the original papers comprising the
whole or any part of the record or any supplemental record, other-
wise true copies of such papers certified by an authorized officer
or deputy of the agency, board, commission, or officer concerned
shall be transmitted. Any original papers thus transmitted to the
court of appeals shall be returned to the agency, board, commis-
sion, or officer concerned upon the final determination of the re-
view or enforcement proceeding. Pending such final determination
any such papers may be returned by the court temporarily to the «
custody of the agency, board, commission, or officer concerned if •
needed for the transaction of the public business. Certified copies ^
of any papers included in the record or any supplemental record
may also be returned to the agency, board, commission, or officer •
concerned upon the final determination of review or enforcement •
proceedings.
(d) The provisions of this section are not applicable to proceed-
ings to review decisions of the Tax Court of the United States or
to proceedings to review or enforce those orders of administrative
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RECORD ON REVIEW 28 § 2112
agencies, boards, commissions, or officers which are by law review-
able or enforceable by the district courts. Added Pub.L. 85-791,
§ 2, Aug. 28, 1958, 72 Stat. 941; amended Pub.L. 89-773, § 5(a),
(b), Nov. 6, 1966, 80 Stat. 1323.
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COURTS OF APPEALS; CERTIORARI; APPEAL;
CERTIFIED QUESTIONS
28 § 1254
Cases in the courts of appeals may be reviewed by the Supreme
court by the following methods:
(1) By writ of certiorari granted upon the petition of any party
to any civil or criminal case, before or after rendition of judgment
or decree;
(2) By appeal by a party relying on a State statute held by a
court of appeals to be invalid as repugnant to the Constitution,
treaties or laws of the United States, but such appeal shall pre-
clude review by writ of certiorari at the instance of such appel-
lant, and the review on appeal shall be restricted to the Federal
questions presented;
(3) By certification at any time by a court of appeals of any
question of law in any civil or criminal case as to which instruc-
tions are desired, and upon such certification the Supreme Court
may give binding instructions or require the entire record to be
sent up for decision of the entire matter in controversy. June 25,
1948, c. 646, 62 Stat. 928.
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ADULTERATED FOOD
§342
A food shall be deemed to be adulterated—
Poisonous, insanitary, etc., ingredients
(a) (1) If it bears or contains any poisonous or deleterious
substance which may render it injuries to health; but in case the
substance is not an added substance such food shall not be consid-
ered adulterated under this clause if the quantity of such substance
in such food does not ordinarily render it injurious to health; or
(2) (A) if it bears or contains any added poisonous or added dele-
terious substance (other than one which is (i) a pesticide chemi-
cal in or on a raw agricultural commodity; (ii) a food additive;
(iii) a color additive; or (iv) a new animal drug) which is unsafe
within the meaning of section 346 of this title, or (B) if it is a raw
agricultural commodity and it bears or contains a pesticide chemi-
cal which is unsafe within the meaning of section 346a(a) of this
title, or (C) if it is, or it bears or contains, any food additive
which is unsafe within the meaning of section 348 of this title:
Provided, That where a pesticide chemical has been used in or on
a raw agricultural commodity in conformity with an exemption
granted or a tolerance prescribed under section 346a of this title
and such raw agricultural commodity has been subjected to proc-
essing such as canning, cooking, freezing, dehydrating, or milling,
the residue of such pesticide chemical remaining in or on such
processed food shall, notwithstanding the provisions of sections
346 and 348 of this title, not be deemed unsafe if such residue in
or on the raw agricultural commodity has been removed to the
extent possible in good manufacturing practice and the concentra-
tion of such residue in the processed food when ready to eat is not
greater than the tolerance prescribed for the raw agricultural
commodity, or (D) if it is, or it bears or contains, a new animal
drug (or conversion product thereof) which is unsafe within the
meaning of section 360b of this title; or (3) if it consists in whole
or in part of any filthy, putrid, or decomposed substance, or if it is
otherwise unfit for food; or (4) if it has been prepared, packed, or
held under insanitary conditions whereby it may have become con-
taminated with filth, or whereby it may have been rendered in-
jurious to health; or (5) if it is, in whole or in part, the product
of a diseased animal or of an animal which has died otherwise
than by slaughter; or (6) if its container is composed, in whole or
in part, of any poisonous or deleterious substance which may ren-
der the contents injurious to health; or (7) if it has been inten-
tionally subjected to radiation, unless the use of the radiation was
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in conformity with a regulation or exemption in effect pursuant H
to section 348 of this title. ™
June 25, 1938, c. 675, § 402, 52 Stat. 1046; 1940 Reorg.Plan No.
IV, § 12, eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237; Mar. 16,
1950, c. 61, § 3(d), 64 Stat. 21; 1953 Reorg.Plan No. 1, §§ 5, 8,
eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; July 22, 1954, c.
559, § 2, 68 Stat. 511; July 9, 1956, c. 530, 70 Stat. 512; Sept. 6, _
1958, Pub.L. 85-929, § 3(a), (b), 72 Stat. 1784; Mar. 17, 1959, •
Pub.L. 86-2, 73 Stat. 3, July 12, 1960, Pub.L. 86-618, Title I, ™
§§ 102(a) (1), (2), 105(c), 74 Stat. 397, 404; and amended June
29,1966, Pub.L. 89-477, 80 Stat. 231; July 13, 1968, Pub.L. 90-399, •
§ 104, 82 Stat. 352. •
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LISTING AND CERTIFICATION OF COLOR ADDITIVES
FOR FOODS, DRUGS, AND COSMETICS— UNSAFE
COLOR ADDITIVES
21 § 376
(D) The advisory committee referred to in subparagraph (C)
of this paragraph shall be composed of experts selected by the
National Academy of Sciences, qualified in the subject matter re-
ferred to the committee and of adequately diversified professional
background, except that in the event of the inability or refusal of
the National Academy of Sciences to act, the Secretary shall select
the members of the committee. The size of the committee shall be
determined by the Secretary. Members of any advisory committee
established under this chapter, while attending conferences or
meetings of their committees or otherwise serving at the request
of the Secretary, shall be entitled to receive compensaion at rates
to be fixed by the Secretary but at rates no exceeding the daily
equivalent of the rate specified at the time of such service for
grade GS-18 of the General Schedule, including traveltime; and
while away from their homes or regular places of business they
may be allowed travel expenses, including per diem in lieu of sub-
sistence, as authorized by section 5703 (b) of Title 5 for persons
in the Government service employed intermittently. The members
shall not be subject to any other provisions of law regarding the
appointment and compensation of employees of the United States.
The Secretary shall furnish the committee with adequate clerical
and other assistance, and shall by rules and regulations prescribe
the procedure to be followed by the committee.
June 25, 1938, c. 675, § 706, 52 Stat. 1058 ; July 12, 1960, Pub.L.
86-618, Title I, § 103 (b), 74 Stat. 399; and amended Oct. 10, 1962,
Pub.L. 87-781, Title I, § 104 (f) (2), 76 Stat. 785; Oct. 30, 1970,
Pub.L. 91-515, Title VI, § 601 (d) (2), 84 Stat. 1311.
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REGULATIONS AND HEARINGS—AUTHORITY TO
PROMULGATE REGULATIONS
§371.
(a) The authority to promulgate regulations for the efficient
enforcement of this chapter, execept as otherwise provided in this
section, is vested in the Secretary.
Regulations for imports and exports
(b) The Secretary of the Treasury and the Secretary of Health,
Education, and Welfare shall jointly prescribe regulations for the
efficient enforcement of the provisons of section 381 of this title,
except as otherwise provided therein. Such regulations shall be
promulgated in such manner and take effect at such time, after
due notice, as the Secretary of Health, Education, and Welfare
shall determine.
Conduct of hearings
(c) Hearings authorized or required by this chapter shall be
conducted by the Secretary of Health, Education, and Welfare or
such officer or employee as he may designate for the purpose.
Effectiveness of definitions and standards of identity
(d) The definitions and standards of identity promulgated in
accordance with the propisions of this chapter shall be effective
for the purposes of the enforcement of this chapter, notwithstand-
ing such definitions and standards as may be contained in other
laws of the United States and regulations promulgated thereunder.
Procedure for establishment
(e) (1) Any action for the issuance, amendment, or repeal of
any regulation under section 341, 343(j), 344(a), 346, 351 (b), or
352 (d) or (h), of this title shall be begun by a proposal made (A)
by the Secretary on his own initiative, or (B) by petition of any
interested person, showing reasonable grounds therefor, filed with
the Secretary. The Secretary shall publish such proposal and shall
afford all interested persons an opportunity to present their views
thereon, orally or in writing. As soon as practicable thereafter,
the Secretary shall by order act upon such proposal and shall
make such order public. Except as provided in paragraph (2) of
this subsection, the order shall become effective at such time as
may be specified therein, but not prior to the day following the
last day on which objections may be filed under such paragraph.
(2) On or before the thirtieth day after the date on which an
order entered under paragraph (1) of this subsection is made
public, any person who will be adversely affected by such order if
placed in effect may file objections thereto with the Secretary,
specifying with particularity the provisions of the order deemed
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21 § 371 EPA CURRENT LAWS—PESTICIDES
I
objectionable, stating the grounds therefor, and requesting a pub-
lie hearing upon such objections. Until final action upon such ob-
jections is taken by the Secretary under paragraph (3) of this
subsection, the filing of such objections shall operate to stay the
effectiveness of those provisions of the order to which the objec-
tions are made. As soon as practicable after the time for filing
objections has expired the Secretary shall publish a notice in the
Federal Register specifying those parts of the order which have
been stayed by the filing of objections and, if no objections have
been filed, stating that fact.
(3) As soon as practicable after such request for a public hear-
ing, the Secretary, after due notice, shall hold such a public hear-
ing for the purpose of receiving evidence relevant and material to
the issues raised by such objections. At the hearing, any interested ^
person may be heard in person or by representative. As soon as H
practicable after completion of the hearing, the Secretary shall by
order act upon such objections and make such order public. Such
order shall be based only on substantial evidence of record at such •
hearing and shall set forth, as part of the order, detailed findings •§
of fact on which the order is based. The Secretary shall specify in
the order the date on which it shall take effect, except that it shall ••
not be made to take effect prior to the ninetieth day after its pub- •
lication unless the Secretary finds that emergency conditions
exist necessitating an earlier effective date, in which event the Sec-
retary shall specify in the order his findings as to such conditions.
Review of order
(f) (1) In a case of actual controversy as to the validity of
any order under subsection (e) of this section, any person who
will be adversely affected by such order if placed in effect may at
any time prior to the ninetieth day after such order is issued file
a petition with the United States court of appeal for the circuit
wherein such person resides or has his principal place of business,
for a judicial review of such order. A copy of the petition shall be
forthwith transmitted by the clerk of the court to the Secretary
or other officer designated by him for that purpose. The Secretary
thereupon shall file in the court the record of the proceedings on
which the Secretary based his order, as provided in section 2112 ^
of Title 28. •
(2) If the petitioner applies to the court for leave to adduce
additional evidence, and shows to the satisfaction of the court that
such additional evidence is material and that there were reason- •
able grounds for the failure to adduce such evidence in the pro- 9
ceeding before the Secretary, the court may order such additional
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REGS. AND HEARINGS 21 § 371
evidence (and evidence in rebuttal thereof) to be taken before the
Secretary, and to be adduced upon the hearing, in such manner
and upon such terms and conditions as to the court may seem
proper. The Secretary may modify his findings as to the facts, or
make new findings, by reason of the additional evidence so taken,
and he shall file such modified or new findings, and his recommen-
ation, if any, for the modification or setting aside of his original
order, with the return of such additional evidence.
(3) Upon the filing of the petition referred to in paragraph (1)
of this subsection, the court shall have jurisdiction to affirm the
order, or to set it aside in whole or in part, temporarily or per-
manently. If the order of the Secretary refuses to issue, amend, or
repeal a regulation and such order is not in accordance with law
the court shall by its judgment order the Secretary to take action,
with respect to such regulation, in accordance with law. The find-
ings of the Secretary as to the facts, if supported by substantial
evidence, shall be conclusive.
(4) The judgment of the court affirming or setting aside, in
whole or in part, any such order of the Secretary shall be final,
subject to review by the Supreme Court of the United States upon
certiorari or certification as provided in sections 346 and 347 of
Title 28.
(5) Any action instituted under this subsection shall survive
notwithstanding any change in the person occupying the office of
Secretary or any vacancy in such office.
(6) The remedies provided for in this subsection shall be in
addition to and not in substitution for any other remedies pro-
vided by law.
Copies of records of hearings
(g) A certified copy of the transcript of the record and pro-
ceedings under subsection (e) of this section shall be furnished
by the Secretary to any interested party at his request, and pay-
ment of the costs thereof, and shall be admissible in any criminal,
libel for condemnation, exclusion of imports, or other proceeding
arising under or in respect to this chapter, irrespective of whether
proceedings with respect to the order have previously been insti-
tuted or become final under subsection (f) of this section. June
25, 1938, c. 675, § 701, 52 Stat. 1055; 1940 Reorg.Plan No. IV,
§ 12, eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237; June 25, 1948,
c. 646, § 32, 62 Stat. 991; 1953 Reorg.Plan No. 1, §§ 5, 8, eff. Apr.
11, 1953, 18 F.R. 2053, 67 Stat. 631; Apr. 15, 1954, c. 143, § 2, 68
Stat. 55; Aug. 1, 1956, c. 861, § 2, 70 Stat. 919; Aug. 28, 1958,
Pub.L. 85-791, § 21, 72 Stat. 948, July 12, 1960, Pub.L. 86-618,
Title I, § 103 (a) (4), 74 Stat. 398.
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PENALTIES—VIOLATION OF SECTION 331
OF THIS TITLE
§ 333.
*******
Exceptions in certain cases of good faith, etc.
(c) No person shall be subject to the penalties of subsec-
tion (a) of this section, (1) for having received in interstate com-
merce any article and delivered it or proffered delivery of it, if
such delivery or proffer was made in good faith, unless he refuses
to furnish on request of an officer or employee duly designated by
the Secretary the name and address of the person from whom he
purchased or received such article and copies of all documents, if
any there be, pertaining to the delivery of the article to him; or
(2) for having violated section 331 (a) or (d) of this title, if he
establishes a guaranty or undertaking signed by, and containing
the name and address of, the person residing in the United States
from whom he received in good faith the article, to the effect, in
case of an alleged violation of section 331 (a) of this title, that
such article is not adulterated or misbranded, within the meaning
of this chapter designating this chapter or to the effect, in case of
an alleged violation of section 331 (d) of this title, that such article
is not an article which may not, under the provisions of section 344
or 355 of this title, be introduced into interstate commerce; or (3)
for having violated section 331 (a) of this title, where the viola-
tion exists because the article is adulterated by reason of contain-
ing a color additive not from a batch certified in accordance with
regulations promulgated by the Secretary under this chapter, if
such person establishes a guaranty or undertaking signed by, and
containing the name and address of, the manufacturer of the color
additive, to the effect that such color additive was from a batch
certified in accordance with the applicable regulations promulgated
by the Secretary under this chapter; or (4) for having violated
section 331 (b), (c) or (k) of this title by failure to comply with
section 352 (f) of this title in respect to an article received in in-
terstate commerce to which neither section 353 (a) nor (b) (1) of
this title is applicable, if the delivery or proffered delivery was
made in good faith and the labeling at the time thereof contained
the same directions for use and warning statements as were con-
tained in the labeling at the time of such receipt of such article;
or (5) for having violated section 331 (i) (2) of this title if such
person acted in good faith and had no reason to believe that use
of the punch, die, plate, stone, or other thing involved would result
in a drug being a counterfeit drug, or for having violated section
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21 § 333 EPA CURRENT LAWS—PESTICIDES
331 (i) (3) of this title if the person doing the act or causing it to
be done acted in good faith and had no reason to believe that the
drug was a counterfeit drug.
June 25, 1938, c. 675, § 303, 52 Stat. 1043; 1940 Reorg. Plan No.
IV, § 12, eff. June 30, 1940, 5 F.R. 2422, 54 Stat. 1237, Oct. 26,
1951, c. 578, § 2, 65 Stat. 649; 1953 Reorg.Plan No. 1, §§ 5, 8, eff.
Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; July 12, 1960, Pub.L. 86-
618, Title I, § 105(b), 74 Stat. 403; and amended July 15, 1965, •
Pub.L. 89-74, §§ 7, 9(d), 79 Stat. 233, 235; Oct. 24, 1968, Pub.L. •
90-639, § 3, 82 Stat. 1361; Oct. 27, 1970, Pub.L. 91-513, Title II,
§ 701(b), 84 Stat. 1281. M
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THE RESEARCH AND DEVELOPMENT ACT
§ 2353. Contracts: acquisition, construction, or furnishing of
test facilities and equipment
(a) A contract of a military department for research or de-
velopment, or both, may provide for the acquisition or construc-
tion by, or furnishing to the contractor of research, developmental,
or test facilities and equipment that the Secretary of the military
department concerned determines to be necessary for the perform-
ance of the contract. The facilities and equipment, and specialized
housing for them, may be acquired or constructed at the expense
of the United States, and may be lent or leased to the contractor
with or without reimbursement, or may be sold to him at fair
value. This subsection does not authorize new construction or im-
provements having general utility.
(b) Facilities that would not be readily removable or separ-
able without unreasonable expense or unreasonable loss of value
may not be installed or constructed under this section on property
not owned by the United States, unless the contract contains—
(1) a provision for reimbursing the United States for the
fair value of the facilities at the completion or termination of
the contract or within a reasonable time thereafter;
(2) an option in the United States to acquire the under-
lying land; or
(3) an alternative provision that the Secretary concerned
considers to be adequate to protect the interests of the United
States in the facilities.
(c) Proceeds of sales or reimbursements under this section
shall be paid into the Treasury as miscellaneous receipts, except to
the extent otherwise authorized by law with respect to property
acquired by the contractor. Aug. 10, 1956, c. 1041, 70A Stat. 134.
§ 2354. Contracts: indemnification provisions
(a) With the approval of the Secretary of the military depart-
ment concerned, any contract of a military department for re-
search or development, or both, may provide that the United States
will indemnify the contractor against either or both of the follow-
ing, but only to the extent that they arise out of the direct per-
formance of the contract and to the extent not compensated by
insurance or otherwise:
(1) Claims (including reasonable expenses of litigation or
settlement) by third persons, including employees of the con-
tractor, for death, bodily injury, or loss of or damage to prop-
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10 § 2354 EPA CURRENT LAWS—PESTICIDES ^
erty, from a risk that the contract defines as unusually H
hazardous. •
(2) Loss of or damage to property of the contractor from
a risk that the contract defines as unusually hazardous.
(b) A contract, made under subsection (a), that provides for
indemnification must also provide for—
(1) notice to the United States of any claim or suit against
the contractor for the death, bodily injury, or loss of or dam-
age to property; and
(2) control of or assistance in the defense by the United
States, at its election, of that suit or claim.
(c) No payment may be made under subsection (a) unless the
Secretary of the department concerned, or an officer or official
of his department designated by him, certifies that the amount is
just and reasonable.
(d) Upon approval by the Secretary concerned, payments under
subsection (a) may be made from—
(1) funds obligated for the performance of the contract •
concerned; ™
(2) funds available for research or development, or both,
and not otherwise obligated; or
(3) funds appropriated for those payments. Aug. 10, 1956,
c. 1041, 70A Stat. 134.
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THE ADMINISTRATIVE PROCEDURE ACT
§ 553. Rule making
(a) This section applies, according to the provisions thereof, ex-
cept to the extent that there is involved—
(1) a military or foreign affairs function of the United
States; or
(2) a matter relating to agency management or personnel
or to public property, loans, grants, benefits, or contracts.
(b) General notice of proposed rule making shall be published in
the Federal Register, unless persons subject thereto are named and
either personally served or otherwise have actual notice thereof in
accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule
making proceedings;
(2) reference to the legal authority under which the rule is
proposed; and
(3) either the terms or substance of the proposed rule or a
description of the subjects and issues involved.
Except when notice or hearing is required by statute, this subsec-
tion does not apply—
(A) to interpretative rules, general statements of policy, or
rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incor-
porates the finding and a brief statement of reasons therefore
in the rules issued) that notice and public procedure thereon
are impracticable, unnecessary, or contrary to the public
interest.
(c) After notice required by this section, the agency shall give
interested persons an opportunity to participate in the rule making
through submsson of written data, views, or arguments with or
without opportunity for oral presentation. After consideration of
the relevant matter presented, the agency shall incorporate in the
rules adopted a concise general statement of their basis and pur-
pose. When rules are required by statute to be made on the record
after opportunity for an agency hearing, sections 556 and 557 of
this title apply instead of this subsection.
(d) The required publication or service of a substantive rule
shall be made not less than 30 days before its effective date,
except—
(1) a substantive rule which grants or recognizes an
exemption or relieves a restriction;
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5 § 553 EPA CURRENT LAWS—PESTICIDES
(2) intepretative rules and statements of policy; or
(3) as otherwise provided by the agency for good cause
found and published with the rule.
(e) Each agency shall give an interested person the right to
petition for the issuance, amendment, or repeal of a rule. Pub.L.
89-554, Sept. 6, 1966, 80 Stat. 383.
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JUDICIAL REVIEW AND SCOPE
5 § 705. Relief pending review
IB the effective date of action taken by it, pending judicial review. On
such conditions as may be required and to the extent necessary to
• prevent irreparable injury, the reviewing court, including the
court to which a case may be taken on appeal from or on applica-
tion for certiorari or other writ to a reviewing court, may issue all
necessary and appropriate process to postpone the effective date of
• an agency action or to preserve status or rights pending conclusion
™ of the review proceedings. Pub.L. 89-554, Sept. 6, 1966, 80 Stat.
393.
• § 706. Scope of review
To the extent necessary to decision and when presented, the re-
• viewing court shall decide all relevant questions of law, interpret
constitutional and statutory provisions, and determine the mean-
ing or applicability of the terms of an agency action. The review-
ing court shall—
H (1) compel agency action unlawfully withheld or unreason-
™ ably delayed; and
(2) hold unlawful and set aside agency action, findings,
•j and conclusions found to be—
^ (A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law;
|(B) contrary to constitution right, power, privilege,
or immunity;
(C) in excess of statutory jurisdiction, authority, or
• limitations, or short of statutory right;
(D) without observance of procedure required by law;
(E) unsupported by substantial evidence in a case
• subject to sections 556 and 557 of this title or otherwise
reviewed on the record of an agency hearing provided by
statute; or
• (F) unwarranted by the facts to the extent that the
facts are subject to trial de novo by the reviewing court.
In making the foregoing determinations, the court shall review the
whole record or those parts of it cited by a party, and due account
shall be taken of the rule of prejudicial error. Pub.L 89-554, Sept.
6,1966, 80 Stat. 393.
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PER DIEM, TRAVEL, AND TRANSPORTATION EXPENSES;
EXPERTS AND CONSULTANTS; INDIVIDUAL
SERVING WITHOUT PAY
5 § 5703.
(a) For the purpose of this section, "appropriation" includes
funds made available by statute under section 849 of title 31.
(b) An individual employed intermittently in the Government
service as an expert or consultant and paid on a daily when-actual-
ly-employed basis may be allowed travel expenses under this sub-
chapter while away from his home or regular place of business,
including a per diem allowance under this subchapter while at his
place of employment.
(c) An individual serving without pay or at $1 a year may be
allowed transportation expenses under this subchapter and a per
diem allowance under this section while en route and at his place
of service or employment away from his home or regular place of
business. Unless a higher rate is named in an appropriation or
other statute, the per diem allowance may not exceed—
(1) the rate of $25 for travel inside the continental United
States; and
(2) the rates established under section 5702 (a) of this title
for travel outside the continental United States.
(d) Under regulations prescribed under section 5707 of this
title, the head of the agency concerned may prescribe conditions
under which an individual to whom this section applies may be
reimbursed for the actual and necessary expenses of the trip, not
to exceed an amount named in the travel authorization, when the
maximum per diem allowance would be much less than these ex-
penses due to the unusual circumstances of the travel assignment.
The amount named in the travel authorization may not exceed—
(1) $40 for each day in a travel status inside the continen-
tal United States; or
(2) the maximum per diem allowance plus $18 for each
day in a travel status outside the continental United States.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 499; and amended Pub.L.
91-114, § 2, Nov. 10, 1969, 83 Stat. 190.
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FEDERAL WATER POLLUTION CONTROL ACT
33 § 1254
Collection and dissemination of scientific knowledge on effects
and control of pesticides in water
(I) (1) The Administrator shall, after consultation with appro-
priate local, State, and Federal agencies, public and private orga-
nizations, and interested individuals, as soon as practicable but
not later than January 1, 1973, develop and issue to the States for
the purpose of carrying out this chapter the latest scientific knowl-
edge available in indicating the kind and extent of effects on
health and welfare which may be expected from the presence of
pesticides in the water in varying quantities. He shall revise and
add to such information whenever necessary to reflect developing
scientific knowledge.
(2) The President shall, in consultation with appropriate local,
State, and Federal agencies, public and private organizations, and
interested individuals, conduct studies and investigations of meth-
ods to control the release of pesticides into the environment which
study shall include examination of the persistency of pesticides in
the water environment and alternatives thereto. The President
shall submit reports, from time to time, on such investigations to
Congress together with his recommendations for any necessary
legislation.
June 30, 1948, c. 758, Title I, § 104, as added Oct. 18, 1972, Pub.L.
92-500, 32, 86 Stat. 819.
73 R«T.-319
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73 Rev.-320
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INTEREST ON CERTAIN GOVERNMENT OBLIGATIONS
EPA CURRENT LAWS—PESTICIDES
1.18 Interest on Certain Government Obligations, as amended,
26U.S.C. § 103 (1969).
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• [See, "General 1.9", for text]
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AMORTIZATION OF POLLUTION CONTROL FACILITIES
EPA CURRENT LAWS—PESTICIDES
1.19 Amortization of Pollution Control Facilities, as amended,
26 U.S.C. § 169 (1969).
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EPA CURRENT LAWS—PESTICIDES
2. Executive Orders
2.1 E.O. 11643, Environmental Safeguards on Activities for Animal
Damage Control on Federal Lands, February 9, 1972, 37 Fed. Reg.
2875 (1972).
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EXECUTIVE ORDER 11643
Feb. 8, 1972, 37 F.R. 2875
ENVIRONMENTAL SAFEGUARDS ON ACTIVITIES FOR ANIMAL
DAMAGE CONTROL ON FEDERAL LANDS
By virtue of the authority vested in me as President of the
United States and in furtherance of the purposes and policies of
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) [this chapter] and the Endangered Species Conservation Act
of 1969 (16 U.S.C. 668aa) [section 668aa et seq. of Title 16,
Conservation], it is ordered as follows:
Section 1. Policy. It is the policy of the Federal Government to
(1) restrict the use on Federal lands of chemical toxicants for the
purpose of killing predatory mammals or birds; (2) restrict the
use on such lands of chemical toxicants which cause any secondary
poisoning effects for the purpose of killing other mammals, birds,
or reptiles; and (3) restrict the use of both such types of toxicants
in any Federal programs of mammal or bird damage control that
may be authorized by law. All such mammal or bird damage con-
trol programs shall be conducted in a manner which contributes to
the maintenance of environmental quality, and to the conservation
and protection, to the greatest degree possible, of the Nation's
wildlife resources, including predatory animals.
Sec. 2. Definitions. As used in this order the term:
(a) "Federal lands" means all real property owned by or leased
to the Federal Government, excluding (1) lands administered by
the Secretary of the Interior pursuant to his trust responsibilities
for Indian affairs, and (2) real property located in metropolitan
areas.
(b) "Agencies" means the departments, agencies, and establish-
ments of the executive branch of the Federal Government.
(c) "Chemical toxicant" means any chemical substance which,
when ingested, inhaled, or absorbed, or when applied to or in-
jected into the body, in relatively small amounts, by its chemical
action may cause significant bodily malfunction, injury, illness, or
death, to animals or man.
(d) "Predatory mammal or bird" means any mammal or bird
which habitually preys upon other animals or birds.
(e) "Secondary poisoning effect" means the result attributable
to a chemical toxicant which, after being ingested, inhaled, or
absorbed, or when applied to or injected into, a mammal, bird, or
73 Rev.-323
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§ 2 EPA CURRENT LAWS — PESTICIDES
reptile, is retained in its tissue, or otherwise retained in such a |p
manner and quantity that the tissue itself or retaining part if
thereafter injested by man, mammal, bird, or reptile, produces the ^
effects set forth in paragraph (c) of this section. •
(f) "Field use" means use on lands not in, or immediately
adjacent to, occupied buildings.
Sec. 3. Restrictions on Use of Chemical Toxicants.
(a) Heads of agencies shall take such action as is necessary to
prevent on any Federal lands under their jurisdiction, or in any
Federal program of mammal or bird damage control under their
jurisdiction:
(1) the field use of any chemical toxicant for the purpose of
killing a predatory mammal or bird ; or
(2) the field use of any chemical toxicant which causes any
secondary poisoning effect for the purpose of killing mammals, —
birds, or reptiles. •
(b) Notwithstanding the provisions of subsection (a) of this
section, the head of any agency may authorize the emergency use
on Federal lands under his jurisdiction of a chemical toxicant for •
the purpose of killing predatory mammals or birds, or of a ehemi- ™
cal toxicant which causes a secondary poisoning effect for the
purpose of killing other mammals, birds, or reptiles, but only if in •
each specific case he makes a written finding, following consulta- •
tion with the Secretaries of the Interior, Agriculture, and Health,
Education, and Welfare, and the Administrator of the Environ- mm
mental Protection Agency, that any emergency exists that cannot H
be dealt with by means which do not involve use of chemical
toxicants, and that such use is essential : _
(1) to the protection of the health or safety of human life ; •
(2) to the preservation of one or more wildlife species threat-
ened with extinction, or likely within the foreseeable future to
become so threatened ; or
(3) to the prevention of substantial irretrievable damage to
nationally significant natural resources.
Sec. 4. Rules for Implementation of Order. Heads of agencies
shall issue such rules or regulations as may be necessary and
appropriate to carry out the provisions and policy of this order. _
RICHARD NIXON •
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EPA CURRENT LAWS—RADIATION
1. Statutes
1.1 1954 Atomic Energy Act, as amended, 42 U.S.C. §§2013(d), 2021, 2051,
2073(b), (e), 2092, 2093, 2099, 2111, 2112, 2132, 2133, 2134, 2139, 2153, 2201,
2210 (1970).
1.2 Public Health Service Act, as amended, 42 U.S.C. §§203, 215, 241, 242(b),
(c), (d), (f), (i),
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EPA CURRENT LAWS—RADIATION
1. Statutes
1.1 1954 Atomic Energy Act, as amended, 42 U.S.C. §§2013(d), 2021, 2051,
2073(b), (e), 2092, 2093, 2099,2111, 2112, 2132, 2133, 2134,2139, 2153, 2201,
2210 (1970).
1.2 Public Health Service Act, as amended, 42 U.S.C. §§203, 215, 241, 242(b),
(c), (d), (f), (i), (j), 243, 244, 244a, 245, 246, 247 (1973).
1.3 Public Contracts, Advertisements for Proposals for Purchases and
Contracts for Supplies or Services for Government Departments;
Application to Government Sales and Contracts to Sell and to
Government Corporations, as amended, 41 U.S.C. §5 (1958).
[Referred to in 42 U.S.C. §242c(e)]
1.4 Research and Development Act, Contracts, as amended, 10 U.S.C. §§2353,
2354 (1956).
[Referred to in 42 U.S.C. §241(h)]
1.5 International Health Research Act, 22 U.S.C. §2101 (1960).
[Referred to in 42 U.S.C. §242f(a)]
1.6 Per Diem, Travel and Transportation Expenses; Experts and
Consultants; Individuals Serving Without Pay, as amended, 5 U.S.C.
§5703 (1966).
[Referred to in 42 U.S.C. §242f(b) (5), (6)]
1.7 The Solid Waste Disposal Act, as amended, 42 U.S.C. §3254(f) (1970).
1.8 National Environmental Policy Act, 42 U.S.C. §§4332(2) (c), 4344(5) (1970).
74 Rev.-295
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THE ATOMIC ENERGY ACT OF 1954
§ 2013. Purpose of chapter
It is the purpose of this chapter to effectuate the policies set
forth above by providing for—
(a) a program of conducting, assisting, and fostering research
and development in order to encourage maximum scientific and
industrial progress;
(b) a program for the dissemination of unclassified scientific
and technical information and for the control, dissemination, and
declassification of Restricted Data, subject to appropriate safe-
guards, so as to encourage scientific and industrial progress;
(c) a program for Government control of the possession, use,
and production of atomic energy and special nuclear material,
whether owned by the Government or others, so directed as to
make the maximum contribution to the common defense and secu-
rity and the national welfare, and to provide continued assurance
of the Government's ability to enter into and enforce agreements
with nations or groups of nations for the control of special nuclear
materials and atomic weapons;
(d) a program to encourage widespread participation in the
development and utilization of atomic energy for peaceful purposes
to the maximum extent consistent with the common defense and
security and with the health and safety of the public;
(e) a program of international cooperation to promote the
common defense and security and to make available to cooperating
nations the benefits of peaceful applications of atomic energy as
widely as expanding technology and considerations of the common
defense and security will permit; and
(f) a program of administration which will be consistent with
the foregoing policies and programs, with international arrange-
ments, and with agreements for cooperation, which will enable
the Congress to be currently informed so as to take further legis-
lative action as may be appropriate.
Aug. 1, 1946, c. 724, § 3, as added Aug. 30, 1954, c. 1073, § 1, 68
Stat. 922, and amended Aug. 26, 1964, Pub.L. 88-489, § 3, 78 Stat.
602.
§ 2021. Cooperation with States—Purpose
(a) It is the purpose of this section—
(1) to recognize the interests of the States in the peaceful
uses of atomic energy, and to clarify the respective responsi-
bilities under this chapter of the States and the Commission
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42 § 2021 EPA CURRENT LAWS—RADIATION
with respect to the regulation of byproduct, source, and spe- •
cial nuclear materials;
(2) to recognize the need, and establish programs for, co-
operation between the States and the Commission with respect •
to control of radiation hazards associated with use of such H
materials;
(3) to promote an orderly regulatory pattern between the
Commission and State governments with respect to nuclear
development and use and regulation of byproduct, source, and
special nuclear materials; —
(4) to establish procedures and criteria for discontinuance •
of certain of the Commission's regulatory responsibilities with ™
respect to byproduct, source, and special nuclear materials,
and the assumption thereof by the States; •
(5) to provide for coordination of the development of radia- •
tion standards for the guidance of Federal agencies and
cooperation with the States; and
(6) to recognize that, as the States improve their capabili-
ties to regulate effectively such materials, additional legisla-
tion may be desirable.
Agreements with States ||
(b) Except as provided in subsection (c) of this section, the
Commission is authorized to enter into agreements with the Gov- M
ernor of any State providing for discontinuance of the regulatory H
authority of the Commission under subchapters V, VI, and VII
of this chapter, and section 2201 of this title, with respect to any
one or more of the following materials within the State—
(1) byproduct materials;
(2) source materials;
(3) special nuclear materials in quantities not sufficient to
form a critical mass.
During the duration of such an agreement it is recognized that the
State shall have authority to regulate the materials covered by the
agreement for the protection of the public health and safety from
radiation hazards.
Commission regulation of certain activities
(c) No agreement entered into pursuant to subsection (b) of
this section shall provide for discontinuance of any authority and
the Commission shall retain authority and responsibility with re-
spect to regulation of—
(1) the construction and operation of any production or
utilization facility;
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ATOMIC ENERGY ACT 42 § 2021
(2) the export from or import into the United States of by-
product, source, or special nuclear material, or of any produc-
tion or utilization facility;
(3) the disposal into the ocean or sea of byproduct, source,
or special nuclear waste materials as denned in regulations or
orders of the Commission;
(4) the disposal of such other byproduct, source, or special
nuclear material as the Commission determines by regulation
or order should, because of the hazards or potential hazards
thereof, not be so disposed of without a license from the Com-
mission.
Notwithstanding any agreement between the Commission and any
State pursuant to subsection (b) of this section, the Commission is
authorized by rule, regulation, or order to require that the manu-
facturer, processor, or producer of any equipment, device, com-
modity, or other product containing source, byproduct, or special
nuclear material shall not transfer possession or control of such
product except pursuant to a license issued by the Commission.
Conditions
(d) The Commission shall enter into an agreement under sub-
section (b) of this section with any State if—
(1) The Governor of that State certifies that the State has
a program for the control of radiation hazards adequate to
protect the public health and safety with respect to the mate-
rials within the State covered by the proposed agreement, and
that the State desires to assume regulatory responsibility for
such materials; and
(2) the Commission finds that the State program is com-
patible with the Commission's program for the regulation of
such materials, and that the State program is adequate to
protect the public health and safety with respect to the mate-
rials covered by the proposed agreement.
Publication in Federal Register; comment of interested persons
(e) (1) Before any agreement under subsection (b) of this sec-
tion is signed by the Commission, the terms of the proposed agree-
ment and of proposed exemptions pursuant to subsection (f) of
this section shall be published once each week for four consecutive
weeks in the Federal Register; and such opportunity for comment
by interested persons on the proposed agreement and exemptions
shall be allowed as the Commision determines by regulation or
order to be appropriate.
(2) Each proposed agreement shall include the proposed effec-
tive date of such proposed agreement or exemptions. The agree-
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42 § 2021 EPA CURRENT LAWS—RADIATION
ment and exemptions shall be published in the Federal Register •
within thirty days after signature by the Commission and the ™
Governor.
Exemptions HI
(f) The Commission is authorized and directed, by regulation Hi
or order, to grant such exemptions from the licensing require-
ments contained in subchapters V, VI, and VII of this chapter, •
and from its regulations applicable to licensees as the Commission HJ
finds necessary or appropriate to carry out any agreement entered
into pursuant to subsection (b) of this section. «
Compatible radiation standards Hi
(g) The Commission is authorized and directed to cooperate
with the States in the formulation of standards for protection
against hazards of radiation to assure that State and Commission
programs for protection against hazards of radiation will be co-
ordinated and compatible.
Federal Radiation Council; representative of President; chairman; HJ
consultative, advisory and miscellaneous functions
(h) There is established a Federal Radiation Council, consisting
of the Secretary of Health, Education, and Welfare, the Chairman HJ
of the Atomic Energy Commission, the Secretary of Defense, the Hi
Secretary of Commerce, the Secretary of Labor, or their designees,
and such other members as shall be appointed by the President.
The Council shall consult qualified scientists and experts in radi-
ation matters, including the President of the National Academy of
Sciences, the Chairman of the National Committee on Radiation
Protection and Measurement, and qualified experts in the field of
biology and medicine and in the field of health physics. The Spe-
cial Assistant to the President for Science and Technology, or his
designee, is authorized to attend meetings, participate in the delib-
erations of, and to advise the Council. The Chairman of the Coun-
cil shall be designated by the President, from time to time, from
among the members of the Council. The Council shall advise the
President with respect to radiation matters, directly or indirectly
affecting health, including guidance for all Federal agencies in the
formulation of radiation standards and in the establishment and ^_
execution of programs of cooperation with States. The Council •
shall also perform such other functions as the President may ™
assign to it by Executive order.
Inspections and other functions; training and other assistance HI
(i) The Commission in carrying out its licensing and regulatory
responsibilities under this chapter is authorized to enter into
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ATOMIC ENERGY ACT 42 § 2021
agreements with any State, or group of States, to perform inspec-
tions or other functions on a cooperative basis as the Commission
deems appropriate. The Commission is also authorized to provide
training, with or without charge, to employees of, and such other
assistance to, any State or political subdivision thereof or group
of States as the Commission deems appropriate. Any such pro-
vision or assistance by the Commission shall take into account the
additional expenses that may be incurred by a State as a con-
sequence of the State's entering into an agreement with the Com-
mission pursuant to subsection (b) of this section.
Reserve power to terminate or suspend agreements
(j) The Commission, upon its own initiative after reasonable
notice and opportunity for hearing to the State with which an
agreement under subsection (b) of this section has become effec-
tive, or upon request of the Governor of such State, may terminate
or suspend its agreement with the State and reassert the licensing
and regulatory authority vested in it under this chapter, if the
Commission finds that such termination or suspension is required
to protect the public health and safety.
State regulation of activities for certain purposes
(k) Nothing in this section shall be construed to affect the
authority of any State or local agency to regulate activities for
purposes other than protection against radiation hazards.
Commission regulated activities; notice of filing; hearing
(1) With respect to each application for Commission license
authorizing an activity as to which the Commission's authority is
continued pursuant to subsection (c) of this section, the Commis-
sion shall give prompt notice to the State or States in which the
activity will be conducted of the filing of the license application;
and shall afford reasonable opportunity for State representatives
to offer evidence, interrogate witnesses, and advise the Commission
as to the application without requiring such representatives to
take a position for or against the granting of the application.
Limitation of agreements and exemptions
(m) No agreement entered into under subsection (b) of this
section, and no exemption granted pursuant to subsection (f) of
this section, shall affect the authority of the Commission under
section 2201 (b) or (i) of this title to issue rules, regulations, or
orders to protect the common defense and security, to protect
restricted data or to guard against the loss or diversion of special
nuclear material. For purposes of section 2201 (i) of this title,
activities covered by exemptions granted pursuant to subsection
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(f) of this section shall be deemed to constitute activities au- H
thorized pursuant to this chapter; and special nuclear material •
acquired by any person pursuant to such an exemption shall be
deemed to have been acquired pursuant to section 2073 of this
title.
Definition
(n) As used in this section, the term "State" means any State, •
Territory, or possession of the United States, the Canal Zone, •
Puerto Rico, and the District of Columbia.
Aug. 1, 1946, c. 724 § 274, as added Sept. 23, 1959, Pub.L. 86-373,
§ 1, 73 Stat. 688.
SUBCHAPTER III.—RESEARCH
§ 2051. Research assistance; fields covered; conditions
(a) The Commision is directed to exercise its powers in such
manner as to insure the continued conduct of research and develop-
ment and training activities in the fields specified below, by private
or public institutions or persons, and to assist in the acquisition of
an ever-expanding fund of theoretical and practical knowledge in
such fields. To this end the Commission is authorized and directed
to make arrangements (including contracts, agreements, and
loans) for the conduct of research and development activities
relating to—
(1) nuclear processes;
(2) the theory and production of atomic energy, including
processes, materials, and devices related to such production; •
(3) utilization of special nuclear material and radioactive ••
material for medical, biological, agricultural, health, or mili-
tary purposes;
(4) utilization of special nuclear material, atomic energy,
and radioactive material and processes entailed in the utiliza-
tion or production of atomic energy or such material for all
other purposes, including industrial or commercial uses, the
generation of usable energy, and the demonstration of ad-
vances in the commercial or industrial application of atomic «
energy; and •
(5) the protection of health and the promotion of safety
during research and production activities. ^
(b) The Commission is further authorized to make grants and •
contributions to the cost of construction and operation of reactors
and other facilities and other equipment to colleges, universities,
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ATOMIC ENERGY ACT 42 § 2051
hospitals, and eleemosynary or charitable institutions for the con-
duct of educational and training activities relating to the fields in
subsection (a) of this section.
(c) The Commission may (1) make arrangements pursuant to
this section, without regard to the provisions of section 5 of Title
41, upon certification by the Commission that such action is neces-
sary in the interest of the common defense and security, or upon
a showing by the Commission that advertising is not reasonably
practicable; (2) make partial and advance payments under such
arrangements; and (3) make available for use in connection
therewith such of its equipment and facilities as it may deem
desirable.
(d) The arrangements made pursuant to this section shall con-
tain such provisions (1) to protect health, (2) to minimize danger
to life or property, and (8) to require the reporting and to permit
the inspection of work performed thereunder, as the Commission
may determine. No such arrangement shall contain any provisions
or conditions which prevent the dissemination of scientific or
technical information, except to the extent such dissemination is
prohibited by law.
Aug. 1, 1946, c. 724 § 31, as added Aug. 30, 1954, c. 1073, § 1,
68 Stat. 927, and amended Aug. 6, 1956, c. 1015, §§ 2, 3, 70 Stat.
1069, amended Dec. 19, 1970, Pub.L. 91-560, § 1, 84 Stat. 1472.
§ 2073. Domestic distribution of special nuclear material—
Licenses
(a) The Commission is authorized (i) to issue licenses to trans-
fer or receive in interstate commerce, transfer, deliver, acquire,
possess, own, receive possession of or title to, import, or export
under the terms of an agreement for cooperation arranged pur-
suant to section 2153 of this title, special nuclear material, (ii) to
make special nuclear material available for the period of the
license, and, (iii) to distribute special nuclear material within the
United States to qualified applicants requesting such material—
(1) for the conduct of research and development activities
of the types specified in section 2051 of this title;
(2) for use in the conduct of research and development
activities or in medical therapy under a license issued pursu-
ant to section 2134 of this title;
(3) for use under a license issued pursuant to section 2133
of this title;
(4) for such other uses as the Commission determines to
be appropriate to carry out the purposes of this chapter.
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42 § 2073 EPA CURRENT LAWS—RADIATION
Minimum criteria for licenses
(b) The Commission shall establish, by rule, minimum criteria
for the issuance of specific or general licenses for the distribution
of special nuclear material depending upon the degree of impor- _
tance to the common defense and security or to the health and •
safety of the public of—
(1) the physical characteristics of the special nuclear mate-
rial to be distributed; HI
(2) the quantities of special nuclear material to be dis- •
tributed; and
(3) the intended USP nf the special nuclear material to be ••
distributed. H
Manner of distribution; charges for material sold; agreements; charges for
material leased
(c) (1) The Commission may distribute special nuclear mate-
rial licensed under this section by sale, lease, lease with option to
buy, grant, or through the provision of production or enrichment
services: Provided, however, That unless otherwise authorized by
law, the Commission shall not after December 31, 1970, distribute
special nuclear material except by sale or through the provision
of production or enrichment services to any person who possesses HJ
or operates a utilization facility under a license issued pursuant Hi
to section 2133 or 2134 (b) of this title for use in the course of
activities under such license; nor shall the Commision permit any ••
such person after June 30, 1973, to continue leasing for use in the HJ
course of such activities special nuclear material previously leased
to such person by the Commission.
(2) The Commission shall establish reasonable sales prices for
the special nuclear material licensed and distributed by sale under
this section. Such sales prices shall be established on a nondis-
criminatory basis which, in the opinion of the Commission, will
provide reasonable compensation to the Government for such spe-
cial nuclear material,
(3) The Commission is authorized to enter into agreements HI
with licensees for such period of time as the Commission may deem •
necessary or desirable to distribute to such licensees such quan-
tities of special nuclear material as may be necessary for the con- ••
duct of the licensed activity. In such agreements, the Commission •
may agree to repurchase any special nuclear material licensed
and distributed by sale which is not consumed in the course of the
licensed activity, or any uranium remaining after irradiation of HJ
such special nuclear material, at a repurchase price not to exceed ^"
the Commission's sale price for comparable special nuclear mate-
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ATOMIC ENERGY ACT 42 § 2073
rial or uranium in effect at the time of delivery of such material
to the Commission.
(4) The Commission may make a reasonable charge, deter-
mined pursuant to this section, for the use of special nuclear
material licensed and distributed by lease under subsection (a)
(1), (2) or (4) of this section and shall make a reasonable
charge determined pursuant to this section for the use of special
nuclear material licensed and distributed by lease under sub-
section (a) (3) of this section. The Commission shall establish
criteria in writing for the determination of whether special
nuclear material will be distributed by grant and for the deter-
mination of whether a charge will be made for the use of special
nuclear material licensed and distributed by lease under subsection
(a) (1), (2) or (4) of this section, considering, among other
things, whether the licensee is a nonprofit or eleemosynary institu-
tion and the purposes for which the special nuclear material will
be used.
Determination of charges
(d) In determining the reasonable charge to be made by the
Commission for the use of special nuclear material distributed by
lease to licensees of utilization or production facilities licensed
pursuant to section 2133 or 2134 of this title, in addition to con-
sideration of the cost thereof, the Commission shall take' into
consideration—
(1) the use to be made of the special nuclear material;
(2) the extent to which the use of the special nuclear
material will advance the development of the peaceful uses
of atomic energy;
(3) the energy value of the special nuclear material in the
particular use for which the license is issued;
(4) whether the special nuclear material is to be used in
facilities licensed pursuant to section 2133 or 2134 of this
title. In this respect, the Commission shall, insofar as prac-
ticable, make uniform, nondiscriminatory charges for the use
of special nuclear material distributed to facilities licensed
pursuant to section 2133 of this title; and
(5) with respect to special nuclear material consumed in
a facility licensed pursuant to section 2133 of this title, the
Commission shall make a further charge equivalent to the
sale price for similar special nuclear material established by
the Commission in accordance with subsection (c) (2) of this
section, and the Commission may make such a charge with
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42 § 2073 EPA CURRENT LAWS—RADIATION ™
respect to such material consumed in a facility licensed H
pursuant to section 2134 of this title. •
License conditions
(e) Each license issued pursuant to this section shall contain II
and be subject to the following conditions— •
(1) Repealed. Pub.L. 88-489, § 8, Aug. 26, 1964, 78 Stat.
604. mm
(2) no right to the special nuclear material shall be con- •
ferred by the license except as denned by the license ;
(3) neither the license nor any right under the license
shall be assigned or otherwise transferred in violation of the
provisions of this chapter;
(4) all special nuclear material shall be subject to the right
of recapture or control reserved by section 2138 of this title
and to all other provisions of this chapter;
(5) no special nuclear material may be used in any utiliza-
tion or production facility except in accordance with the «M
provisions of this chapter; •
(6) special nuclear material shall be distributed only on
terms, as may be established by rule of the Commission, such
that no user will be permitted to construct an atomic weapon; •
(7) special nuclear material shall be distributed only pur- Bi
suant to such safety standards as may be established by rule
of the Commission to protect health and to minimize danger
to life or property; and
(8) except to the extent that the indemnification and lim-
itation of liability provisions of section 2210 of this title
apply, the licensee will hold the United States and the Com-
mission harmless from any damages resulting from the use or
possession of special nuclear material by the licensee.
Distribution for independent research and development activities
(f) The Commission is directed to distribute within the United
States sufficient special nuclear material to permit the conduct of
widespread independent research and development activities to the flj
maximum extent practicable. In the event that applications for H
special nuclear material exceed the amount available for distribu-
tion, preference shall be given to those activities which are most ••
likely, in the opinion of the Commission, to contribute to basic H
research, to the development of peacetime uses of atomic energy,
or to the economic and military strength of the Nation. ^_
Aug. 1, 1946, c. 724, § 53, as added Aug. 30, 1954, c. 1073, § 1, 68 •
Stat. 930, and amended Sept. 2, 1957, Pub.L. 85-256, § 2, 71 Stat. •
576; Aug. 19, 1958, Pub.L. 85-681, §§ 1, 2, 72 Stat. 632; Aug. 26,
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1964, Pub.L. 88-489, §§ 5-8, 78 Stat. 603, 604; Dec. 14, 1967,
Pub.L. 90-190, §§9, 10, 81 Stat. 577.
§ 2092. License requirements for transfers
Unless authorized by a general or specific license issued by the
Commission, which the Commission is authorized to issue, no per-
son may transfer or receive in interstate commerce, transfer, de-
liver, receive possession of or title to, or import into or export from
the United States any source material after removal from its place
of deposit in nature, except that licenses shall not be required for
quantities of source material which, in the opinion of the Commis-
sion, are unimportant.
Aug. 1, 1946, c. 724, § 62, as added Aug. 30, 1954, c. 1073, § 1, 68
Stat. 932.
§ 2093. Domestic distribution of source material—License
(a) The Commission is authorized to issue licenses for and to
distribute source materia'l within the United States to qualified
applicants requesting such material—
(1) for the conduct of research and development activities
of the types specified in section 2051 of this title;
(2) for use in the conduct of research and development
activities or in medical therapy under a license issued pur-
suant to section 2134 of this title;
(3) for use under a license issued pursuant to section 2133
of this title; or
(4) for any other use approved by the Commission as an
aid to science or industry.
Minimum criteria for licenses
(b) The Commission shall establish, by rule, minimum criteria
for the issuance of specific or general licenses for the distribution
of source material depending upon the degree of importance to the
common defense and security or to the health and safety of the
public of—
(1) the physical characteristics of the source material to
be distributed;
(2) the quantities of source material to be distributed; and
(3) the intended use of the source material to be
distributed.
Determination of charges
(c) The Commission may make a reasonable charge determined
pursuant to section 2201 (m) of this title for the source material
licensed and distributed under subsection (a) (1), (a) (2), or (a)
(4) of this section and shall make a reasonable charge determined
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SUBCHAPTER VII.—BYPRODUCT MATERIALS
§ 2111. Domestic distribution; license; price limitations
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42 § 2093 EPA CURRENT LAWS—RADIATION
pursuant to section 2201 (m) of this title, for the source material •
licensed and distributed under subsection (a) (3) of this section. •
The Commission shall establish criteria in writing for the deter-
mination of whether a charge will be made for the source material
licensed and distributed under subsection (a) (1), (a) (2), or (a)
(4) of this section, considering, among other things, whether the
licensee is a nonprofit or eleemosynary institution and the
purposes for which the source material will be used.
Aug. 1, 1946, c. 724, § 63, as added Aug. 30, 1954, c. 1073, § 1,
68 Stat. 933.
§ 2099. Prohibitions against issuance of license H
The Commission shall not license any person to transfer or
deliver, receive possession of or title to, or import into or export
from the United States any source material if, in the opinion of •
the Commission, the issuance of a license to such person for such ••
purpose would be inimical to the common defense and security or
the health and safety of the public.
Aug. 1, 1946, c. 724, § 69, as added Aug. 30, 1954, c. 1073, § 1,
68 Stat. 934.
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No person may transfer or receive in interstate commerce,
manufacture, produce, transfer, acquire, own, possess, import, or
export any byproduct material, except to the extent authorized by
this section or by section 2112 of this title. The Commission is
authorized to issue general or specific licenses to applicants seek-
ing to use byproduct material for research or development pur-
poses, for medical therapy, industrial uses, agricultural uses, or
such other useful applications as may be developed. The Commis-
sion may distribute, sell, loan, or lease such byproduct material
as it owns to licensees with or without charge: Provided, however,
That, for byproduct material to be distributed by the Commission
for a charge, the Commission shall establish prices on such equi-
table basis as, in the opinion of the Commission, (a) will provide
reasonable compensation to the Government for such material,
(b) will not discourage the use of such material or the develop-
ment of sources of supply of such material independent of the
Commission, and (c) will encourage research and development.
In distributing such material, the Commission shall give prefer- flj|
ence to applicants proposing to use such material either in the H
conduct of research and development or in medical therapy.
Licensees of the Commission may distribute byproduct material —
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ATOMIC ENERGY ACT 42 § 2111
only to applicants therefor who are licensed by the Commission
to receive such byproduct material. The Commission shall not
permit the distribution of any byproduct material to any licensee,
and shall recall or order the recall of any distributed material
from any licensee, who is not equipped to observe or who fails
to observe such safety standards to protect health as may be estab-
lished by the Commission or who uses such material in violation
of law or regulation of the Commission or in a manner other
than as disclosed in the application therefor or approved by the
Commission. The Commission is authorized to establish classes of
byproduct material and to exempt certain classes or quantities of
material or kinds of uses or users from the requirements for a
license set forth in this section when it makes a finding that the
exemption of such classes or quantities of such material or such
kinds of uses or users will not constitute an unreasonable risk to
the common defense and security and to the health and safety of
the public.
Aug. 1, 1946, c. 724, § 81, as added Aug. 30, 1954, c. 1073, § 1,
68 Stat. 935.
§ 2112. Foreign distribution of byproduct material—Cooperation
with other Nations
(a) The Commission is authorized to cooperate with any nation
by distributing byproduct material, and to distribute byproduct
material, pursuant to the terms of an agreement for cooperation
to which such nation is party and which is made in accordance
with section 2153 of this title.
Distribution to individuals
(b) The Commission is also authorized to distribute byproduct
material to any person outside the United States upon application
therefor by such person and demand such charge for such material
as would be charged for the material if it were distributed within
the United States: Provided, however, That the Commission shall
not distribute any such material to any person under this section
if, in its opinion, such distribution would be inimical to the com-
mon defense and security: And provided further, That the Com-
mission may require such reports regarding the use of material
distributed pursuant to the provisions of this section as it deems
necessary.
Distributor's license
(c) The Commission is authorized to license others to distribute
byproduct material to any person outside the United States under
the same conditions, except as to charges, as would be applicable
if the material were distributed by the Commission.
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42 § 2112 EPA CURRENT LAWS—RADIATION
Aug. 1, 1946, c. 724, § 82, as added Aug. 30, 1954, c. 1073, § 1, •
68 Stat. 935. •
§ 2132. Utilization and production facilities for industrial or
commercial purposes H
(a) Except as provided in subsections (b) and (c) of this sec- ••
tion, or otherwise specifically authorized by law, any license here-
after issued for a utilization or production facility for industrial
or commercial purposes shall be issued pursuant to section 2133
of this title.
(b) Any license hereafter issued for a utilization or production mm
facility for industrial or commercial purposes, the construction or H
operation of which was licensed pursuant to section 2134 (b) of
this title prior to enactment into law of this subsection, shall be
issued under section 2134 (b) of this title. •
(c) Any license for a utilization or production facility for ••
industrial or commercial purposes constructed or operated under
an arrangement with the Commission entered into under the
Cooperative Power Reactor Demonstration Program shall, except
as otherwise specifically required by applicable law, be issued
under section 2134 (b) of this title. ^
As amended Dec. 19, 1970, Pub.L. 91-560, § 3, 84 Stat. 1472. •
§ 2133. Commercial licenses—Conditions
(a) The Commission is authorized to issue licenses to persons mm
applying therefor to transfer or receive in interstate commerce, H
manufacture, produce, transfer, acquire, possess, use, import, or
export under the terms of an agreement for cooperation arranged
pursuant to section 2153 of this title, utilization or production
facilities for industrial or commercial purposes. Such licenses
shall be issued in accordance with the provisions of subchapter
XV of this chapter and subject to such conditions as the Com-
mission may by rule or regulation establish to effectuate the
purposes and provisions of this chapter.
Nonexclusive basis
(b) The Commission shall issue such licenses on a nonexclusive
basis to persons applying therefor (1) whose proposed activities
will serve a useful purpose proportionate to the quantities of spe- ••
cial nuclear material or source material to be utilized; (2) who mm
are equipped to observe and who agree to observe such safety
standards to protect health and to minimize danger to life or —^
property as the Commission may by rule establish; and (3) who •
agree to make available to the Commission such technical inf orma- ™
tion and data concerning activities under such licenses as the
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ATOMIC ENERGY ACT 42 § 2133
Commission may determine necessary to promote the common
defense and security and to protect the health and safety of the
public. All such information may be used by the Commission only
for the purposes of the common defense and security and to protect
the health and safety of the public.
License period
(c) Each such license shall be issued for a specified period, as
determined by the Commission, depending on the type of activity
to be licensed, but not exceeding forty years, and may be renewed
upon the expiration of such period.
Limitations
(d) No license under this section may be given to ny person
for activities which are not under or within the jurisal on of the
United States, except for the export of production or utilization
facilities under terms of an agreement for cooperation arranged
pursuant to section 2153 of this title, or except under the provi-
sions of section 2139 of this title. No license may be issued to an
alien or any corporation or other entity if the Commission
knows or has reason to believe it is owned, controlled, or domi-
nated by an alien, a foreign corporation, or a foreign government.
In any event, no license may be issued to any person within the
United States if, in the opinion of the Commission, the issuance
of a license to such person would be inimical to the common
defense and security or to the health and safety of the public.
Aug. 1, 1946, c. 724, § 103, as added Aug. 30, 1954, c. 1073 § 1,
68 Stat. 936, Aug. 6, 1956, c. 1015, §§ 12, 13, 70 Stat. 1071, and
amended Dec. 19, 1970, Pub.L. 91-560, § 4, 84 Stat. 1472.
§ 2134. Medical therapy, research, and development licenses;
limitations
(a) The Commission is authorized to issue licenses to persons
applying therefor for utilization facilities for use in medical
therapy. In issuing such licenses the Commission is directed to
permit the widest amount of effective medical therapy possible
with the amount of special nuclear material available for such
purposes and to impose the minimum amount of regulation con-
sistent with its obligations under this chapter to promote the com-
mon defense and security and to protect the health and safety of
the public.
(b) As provided for in subsection (b) or (c) of section 2132 of
this title, or where specifically authorized by law, the Commission
is authorized to issue licenses under this subsection to persons
applying therefor for utilization and production facilities for
industrial and commercial purposes. In issuing licenses under this
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42 § 2134 EPA CURRENT LAWS—RADIATION
subsection, the Commission shall impose the minimum amount of •
such regulations and terms of license as will permit the Commis- •
sion to fulfill its obligations under this chapter.
(c) The Commission is authorized to issue licenses to persons •
applying therefor for utilization and production facilities useful Hi
in the conduct of research and development activities of the types
specified in section 2051 of this title and which are not facilities of ••
the type specified in subection (b) of this section. The Commission fjj
is directed to impose only such minimum amount of regulation of
the licensee as the Commission finds will permit the Commission M
to fulfill its obligations under this chapter to promote the common •
defense and security and to protect the health and safety of the
public and will permit the conduct of widespread and diverse
research and development. •
(d) No license under this section may be given to any person ^^
for activities which are not under or within the jurisdiction of the
United States, except for the export of production or utilization B
facilities under terms of an agreement for cooperation arranged Hi
pursuant to section 2153 of this title or except under the provi-
sions of section 2139 of this title. No license may be issued to any
corporation or other entity if the Commission knows or has rea-
son to believe it is owned, controlled, or dominated by an alien, a
foreign corporation, or a foreign government. In any event, no
license may be issued to any person within the United States if,
in the opinion of the Commission, the issuance of a license to such
person would be inimical to the common defense and security or to
the health and safety of the public. BJ
Aug. 1, 1946, c. 724, § 104, as added Aug. 30, 1954, c. 1073, § 1, ••
68 Stat. 937, and amended Dec. 19, 1970, Pub.L. 91-560, § 5, 84
Stat. 1472. •
§ 2139. General licenses; export licenses
With respect to those utilization and production facilities which
are so determined by the Commission pursuant to section 2014 (v)
(2) or 2014 (cc) (2) of this title the Commission may (a) issue
general licenses for activities required to be licensed under section
2131 of this title, if the Commission determines in writing that
such general licensing will not constitute an unreasonable risk to
the common defense and security, and (b) issue licenses for the
export of such facilities, if the Commission determines in writing
that each export will not constitute an unreasonable risk to the
common defense and security. ^
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Aug. 1, 1946, c. 724, § 109, as added Aug. 30, 1954, c. 1073, § 1,
68 Stat. 939, and amended Aug. 29, 1962, Pub.L. 87-615, § 9, 76
Stat. 411; Oct. 13, 1966, Pub.L. 89-645, § l(b), 80 Stat. 891.
§ 2153. Cooperation with other nations
No cooperation with any nation or regional defense organiza-
tion pursuant to sections 2073, 2074, 2077, 2094, 2112, 2121, 2133,
2134, or 2164 of this title shall be undertaken until—
Submission of agreements to President
(a) the Commission or, in the case of those agreements
for cooperation arranged pursuant to section 2121 (c) or
2164 (b) of this title which are to be implemented by the
Department of Defense, the Department of Defense has sub-
mitted to the President the proposed agreement for coopera-
tion, together with its recommendations thereon, which pro-
posed agreement shall include (1) the terms, conditions,
duration, nature, and scope of the cooperation; (2) a guar-
anty by the cooperating party that security safeguards and
standards as set forth in the agreement for cooperation will
be maintained; (3) except in the case of those agreements
for cooperation arranged pursuant to section 2121 (c) of this
title a guaranty by the cooperating party that any material
to be transferred pursuant to such agreement will not be used
for atomic weapons, or for research on or development of
atomic weapons or for any other military purpose; and (4) a
guaranty by the cooperating party that any material or any
Restricted Data to be transferred pursuant to the agreement
for cooperation will not be transferred to unauthorized per-
sons or beyond the jurisdiction of the cooperating party,
except as specified in the agreement for cooperation;
Presidential approval and authorization
(b) the President has approved and authorized the execu-
tion of the proposed agreement for cooperation, and has made
a determination in writing that the performance of the pro-
posed agreement will promote and will not constitute an
unreasonable risk to the common defense and security;
Submission to Joint Committee; waiting period
(c) the proposed agreement for cooperation, together with
the approval and the determination of the President, has been
submitted to the Joint Committee and a period of thirty days
has elapsed while Congress is in session (in computing such
thirty days, there shall be excluded the days on which either
House is not in session because of an adjournment of more
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than three days) : Provided, however, That the Joint Com-
mittee, after having received such agreement for cooperation,
may by resolution in writing waive the conditions of all or
any portion of such thirty-day period; and
Submission to the Congress
(d) the proposed agreement for cooperation, together with
the approval and determination of the President, if arranged
pursuant to section 2121 (c), 2164 (b), or 2164 (c) of this title,
has been submitted to the Congress and referred to the Joint
Committee and a period of sixty days has elapsed while Con-
gress is in session, but any such proposed agreement for
cooperation shall not become effective if during such sixty-
day period the Congress passes a concurrent resolution
stating in substance that it does not favor the proposed
agreement for cooperation: Provided, however, That during
the Eighty-fifth Congress such period shall be thirty days (in
computing such sixty days, or thirty days, as the case may
be, there shall be excluded the days on which either House is
not in session because of an adjournment of more than three
days).
Aug. 1, 1946, c. 724, § 123, as added Aug. 30, 1954, c. 1073, § 1,
68 Stat. 940, and amended July 2, 1958, Pub.L. 85-479, §§ 3, 4, 72
Stat. 277; Aug. 19, 1958, Pub.L. 85-681, § 4, 72 Stat. 632; Aug. 26,
1964, Pub.L. 88-489, § 15, 78 Stat. 606.
SUBCHAPTER XIII.—GENERAL AUTHORITY OF COMMISSION
§ 2201. General duties of Commission
In the performance of its functions the Commission is au-
thorized to—
Establishment of advisory boards
(a) establish advisory boards to advise with and make
recommendations to the Commission on legislation, policies,
administration, research, and other matters, provided that the
Commission issues regulations setting forth the scope, pro-
cedure, and limitations of the authority of each such board;
Standards governing use and possession of material
(b) establish by rule, regulation, or order, such standards
and instructions to govern the possession and use of special
nuclear material, source material, and byproduct material as
the Commission may deem necessary or desirable to promote
the common defense and security or to protect health or to
minimize danger to life or property; ••
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ATOMIC ENERGY ACT 42 § 2201
Studies and investigations
(c) make such studies and investigations, obtain such in-
formation, and hold such meetings or hearings as the Com-
• mission may deem necessary or proper to assist it in exercis-
ing any authority provided in this chapter, or in the adminis-
tration or enforcement of this chapter, or any regulations or
orders issued thereunder. For such purposes the Commission
is authorized to administer oaths and affirmations, and by
subpena to require any person to appear and testify, or to
appear and produce documents, or both, at any designated
• place. Witnesses subpenaed under this subsection shall be
paid the same fees and mileage as are paid witnesses in the
district courts of the United States;
• Employment of personnel
(d) appoint and fix the compensation of such officers and
employees as may be necessary to carry out the functions of
• the Commission. Such officers and employees shall be ap-
pointed in accordance with the civil-service laws and their
compensation fixed in accordance with the Classification Act
of 1949, as amended, except that, to the extent the Commis-
sion deems such action necessary to the discharge of its
responsibilities, personnel may be employed and their com-
pensation fixed without regard to such laws: Provided, how-
• ever, That no officer or employee (except such officers and
employees whose compensation is fixed by law, and scientific
and technical personnel up to a limit of the highest rate of
• grade 18 of the General Schedule of the Classification Act of
1949, as amended) whose position would be subject to the
Classification Act of 1949, as amended, if such Act were ap-
plicable to such position, shall be paid a salary at a rate in
excess of the rate payable under such Act for positions of
equivalent difficulty or responsibility. Such rates of compensa-
tion may be adopted by the Commission as may be authorized
by the Classification Act of 1949, as amended, as of the same
date such rates are authorized for positions subject to such
Act. The Commission shall make adequate provision for
administrative review of any determination to dismiss any
employee;
Acquisition of material, property, etc.; negotiation of commercial leases
(e) acquire such material, property, equipment, and facili-
ties, establish or construct such buildings and facilities, and
modify such buildings and facilities from time to time, as
it may deem necessary, and construct, acquire, provide, or
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arrange for such facilities and services (at project sites
where such facilities and services are not available) for the
housing, health, safety, welfare, and recreation of personnel
employed by the Commission as it may deem necessary, sub-
ject to the provisions of section 2224 of this title: Provided,
however, That in the communities owned by the Commission,
the Commission is authorized to grant privileges, leases and
permits upon adjusted terms which (at the time of the initial
grant of any privilege grant, lease, or permit, or renewal
thereof, or in order to avoid inequities or undue hardship
prior to the sale by the United States of property affected
by such grant) are fair and reasonable to responsible per-
sons to operate commercial businesses without advertising
and without advertising ] and without securing competitive
bids, but taking into consideration, in addition to the price,
and among other things (1) the quality and type of services
required by the residents of the community, (2) the experi-
ence of each concession applicant in the community and its
surrounding area, (3) the ability of the concession applicant
to meet the needs of the community, and (4) the contribution
the concession applicant has made or will make to the other
activities and general welfare of the community;
Utilization of other Federal agencies
(f) with the consent of the agency concerned, utilize or
employ the services or personnel of any Government agency
or any State or local government, or voluntary or uncom-
pensated personnel, to perform such functions on its behalf
as may appear desirable;
Acquisition of real and personal property
(g) acquire, purchase, lease, and hold real and personal
property, including patents, as agent of and on behalf of the
United States, subject to the provisions of section, 2224 of this
title, and to sell, lease, grant, and dispose of such real and
personal property as provided in this chapter;
Consideration of license applications
(h) consider in a single application one or more of the
activities for which a license is required by this chapter,
combine in a single license one or more of such activities, and
permit the applicant or licensee to incorporate by reference
pertinent information already filed with the Commission;
So in original,
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ATOMIC ENERGY ACT 42 § 2201
Regulations governing Restricted Data
(i) prescribe such regulations or orders as it may deem
necessary (1) to protect Restricted Data received by any per-
• son in connection with any activity authorized pursuant to
this chapter (2) to guard against the loss or diversion of any
special nuclear material acquired by any person pursuant to
section 2073 of this title or produced by any person in connec-
tion with any activity authorized pursuant to this chapter,
and to prevent any use or disposition thereof which the Com-
mission may determine to be inimical to the common defense
«and security, and (3) to govern any activity authorized pur-
suant to this chapter, including standards and restrictions
governing the design, location, and operation of facilities used
in the conduct of such activity, in order to protect health and
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to minimize danger to life or property;
Disposition of surplus materials
• (j) without regard to the provisions of the Federal Prop-
erty and Administrative Services Act of 1949, as amended,
except section 488 of Title 40, or any other law, make such
disposition as it may deem desirable of (1) radioactive mate-
• rials, and (2) any other property, the special disposition of
which is, in the opinion of the Commission, in the interest of
the national security: Provided, however, That the property
• furnished to licensees in accordance with the provisions of
subsection (m) of this section shall not be deemed to be prop-
erty disposed of by the Commission pursuant to this sub-
_ section;
•• Carrying of firearms
(k) authorize such of its members, officers, and employees
as it deems necessary in the interest of the common defense
and security to carry firearms while in the discharge of their
official duties. The Commission may also authorize such of
those employees of its contractors engaged in the protection
• of property owned by the United States and located at facil-
ities owned by or contracted to the United States as it deems
necessary in the interests of the common defense and security
• to carry firearms while in the discharge of their official duties;
(1) Repealed. Pub.L. 87-456, Title III, § 303 (c), May 24,
1962, 76 Stat. 78.
• Agreements regarding production
(m) enter into agreements with persons licensed under sec-
tion 2133, 2134, 2073 (a) (4), or 2093 (a) (4) of this title for
such periods of time as the Commission may deem necessary
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42 § 2201 EPA CURRENT LAWS—RADIATION
or desirable (1) to provide for the processing, fabricating, sep-
arating, or refining in facilities owned by the Commission of
source, byproduct, or other material or special nuclear mate-
rial owned by or made available to such licensees and which is
utilized or produced in the conduct of the licensed activity,
and (2) to sell, lease, or otherwise make available to such
licensees such quantities of source or byproduct material, and
other material not defined as special nuclear material pur-
suant to this chapter, as may be necessary for the conduct of
the licensed activity: Provided, however, That any such agree-
ment may be canceled by the licensee at any time upon pay-
ment of such reasonable cancellation charges as may be
agreed upon by the licensee and the Commission: And pro-
vided further, That the Commission shall establish prices to
be paid by licensees for material or services to be furnished
by the Commission pursuant to this subsection, which prices
shall be established on such a nondiscriminatory basis as, in
the opinion of the Commission, will provide reasonable com-
pensation to the Government for such material or services
and will not discourage the development of sources of supply
independent of the Commission;
Delegation of functions
(n) delegate to the General Manager or other officers of the
Commission any of those functions assigned to it under this
chapter except those specified in sections 2071, 2077(b), 2091,
2138, 2153, 2165 (b) of this title (with respect to the determi-
nation of those persons to whom the Commission may reveal
Restricted Data in the national interest), 2165(f) of this title
and subsection (a) of this section;
Reports
(o)require by rule, regulation, or order, such reports, and
the keeping of such records with respect to, and to provide
for such inspections of, activities and studies of types specified
in section 2051 of this title and of activities under licenses
issued pursuant to sections 2073, 2093, 2111, 2133, and 2134
of this title, as may be necessary to effectuate the purposes of
this chapter, including section 2135 of this title; and
Rules and regulations
(p) make, promulgate, issue, rescind, and amend such rules
and regulations as may be necessary to carry out the purposes
of this chapter.
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ATOMIC ENERGY ACT 42 § 2201
• Easements for rights-of-way
(q) The Commission is authorized and empowered, under
such terms and conditions as are deemed advisable by it, to
• grant easements for rights-of-way over, across, in, and upon
acquired lands under its jurisdiction and control, and public
lands permanently withdrawn or reserved for the use of the
• Commission, to any State, political subdivision thereof, or
municipality, or to any individual, partnership, or corporation
of any State, Territory, or possession of the United States, for
(a) railroad tracks; (b) oil pipe lines; (c) substations for
• electric power transmission lines, telephone lines, and tele-
graph lines, and pumping stations for gas, water, sewer, and
oil pipe lines; (d) canals; (e) ditches; (f) flumes; (g) tun-
• nels; (h) dams and reservoirs in connection with fish and
wildlife programs, fish hatcheries, and other fish-cultured im-
provements; (i) roads and streets; and (j) for any other
purpose or purposes deemed advisable by the Commission:
Provided, That such rights-of-way shall be granted only upon
a finding by the Commission that the same will not be in-
compatible with the public interest: Provided further, That
• such rights-of-way shall not include any more land than is
reasonably necessary for the purpose for which granted: And
provided further, That all or any part of such rights-of-way
may be annulled and forfeited by the Commission for failure
to comply with the terms and conditions of any grant here-
under or for nonuse for a period of two consecutive years or
abandonment of rights granted under authority hereof.
Copies of all instruments granting easements over public
lands pursuant to this section shall be furnished to the Sec-
retary of the Interior,
Sale of utilities and related services
(r) Under such regulations and for such periods and at
such prices the Commission may prescribe, the Commission
• may sell or contract to sell to purchasers within Commission-
owned communities or in the immediate vicinity of the Com-
mision community, as the case may be, any of the following
• utilities and related services, if it is determined that they are
not available from another local source and that the sale is in
the interest of the national defense or in the public interest:
• (I) Electric power.
(2) Steam.
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(3) Compressed air.
(4) Water.
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42 § 2201 EPA CURRENT LAWS—RADIATION
(5) Sewage and garbage disposal.
(6) Natural, manufactured, or mixed gas.
(7) Ice.
(8) Mechanical refrigeration.
(9) Telephone service.
Proceeds of sales under this subsection shall be credited to
the appropriation currently available for the supply of that
utility or service. To meet local needs the Commission may
make minor expansions and extensions of any distributing
system or facility within or in the immediate vicinity of a
Commission-owned community through which a utility or
service is furnished under this subsection.
Succession of authority
(s) establish a plan for a succession of authority which
will assure the continuity of direction of the Commission's
operations in the event of a national disaster due to enemy
activity. Notwithstanding any other provision of this chapter,
the person or persons succeeding to command in the event of
disaster in accordance with the plan established pursuant to
this subsection shall be vested with all of the authority of the
Commission: Provided, That any such succession to authority,
and vesting of authority shall be effective only in the event
and as long as a quorum of three or mpre members of the
Commission is unable to convene and exercise direction dur-
ing the disaster period: Provided further, That the disaster
period includes the period when attack on the United States
is imminent and the post-attack period necessary to reestab-
lish normal lines of command;
Contracts
(t) enter into contracts for the processing, fabricating,
separating, or refining in facilities owned by the Commission
of source, byproduct or other material, or special nuclear
material, in accordance with and within the period of an
agreement for cooperation while comparable services are
available to persons licensed under section 2133 or 2134 of
this title: Provided, That the prices for services under such
contracts shall be no less than the prices currently charged
by the Commission pursuant to subsection (m) of this section;
Additional contracts; guiding principles; appropriations
(u) (1) enter into contracts for such periods of time as
the Commission may deem necessary or desirable, but not to
exceed five years from the date of execution of the contract,
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ATOMIC ENERGY ACT 42 § 2201
for the purchase or acquisition or reactor services or services
related to or required by the operation of reactors;
(2) (A) enter into contracts for such periods of time as the
Commission may deem necessary or desirable for the pur-
chase or acquisition of any supplies, equipment, materials, or
services required by the Commission whenever the Commis-
sion determines that: (i) it is advantageous to the Govern-
ment to make such purchase or acquisition from commercial
sources; (ii) the furnishing of such supplies, equipment,
materials, or services will require the construction or acquisi-
«tion of special facilities by the vendors or suppliers thereof;
(iii) the amortization chargeable to the Commission con-
stitutes an appreciable portion of the cost of contract per-
formance, excluding cost of materials; and (iv) the contract
for such period is more advantageous to the Government than
a similar contract not executed under the authority of this
subsection. Such contracts shall be entered into for periods
not to exceed five years each from the date of initial delivery
of such supplies, equipment, materials, or services or ten
years from the date of execution of the contracts excluding
periods of renewal under option.
(B) In entering into such contracts the Commission shall
be guided by the following principles: (i) the percentage of
the total cost of special facilities devoted to contract per-
formance and chargeable to the Commission should not ex-
ceed the ratio between the period of contract deliveries and
the anticipated useful life of such special facilities; (ii) the
• desirability of obtaining options to renew the contract for
reasonable periods at prices not to include charges for special
facilities already amortized; and (iii) the desirability of
• reserving in the Commission the right to take title to the
special facilities under appropriate circumstances; and
(3) include in contracts made under this subsection provi-
sions which limit the obligation of funds to estimated annual
deliveries and services and the unamortized balance of such
amounts due for special facilities as the parties shall agree is
chargeable to the performance of the contract. Any appro-
priation available at the time of termination or thereafter
made available to the Commission for operating expenses
shall be available for payment of such costs which may arise
from termination as the contract may provide. The term "spe-
cial facilities" as used in this subsection means any land and
any depreciable buildings, structures, utilities, machinery,
equipment, and fixtures necessary for the production or
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42 § 2201 EPA CURRENT LAWS—RADIATION
furnishing of such supplies, equipment, materials, or services
and not available to the vendors or suppliers for the per-
formance of the contract.
Contracts for production or enrichment of special nuclear material; domestic
licensees; other nations; prices; materials of foreign origin; criteria
for availability of services under this subsection; Congressional review
(v) (A) enter into contracts with persons licensed under
sections 2073, 2093, 2133 or 2134 of this title for such periods
of time as the Commission may deem necessary or desirable
to provide, after December 31, 1968, for the producing or
enriching of special nuclear material in facilities owned by
the Commission; and
(B) enter into contracts to provide, after December 31,
1968, for the producing or enriching of special nuclear mate-
rial in facilities owned by the Commission in accordance
with and within the period of an agreement for cooperation
arranged pursuant to section 2153 of this title while com-
parable services are made available pursuant to paragraph
(A) of this subsection:
Provided, That (i) prices for services under paragraph (A) of
this subsection shall be established on a nondiscriminatory basis;
(ii) prices for services under paragraph (B) of this subsection
shall be no less than prices under paragraph (A) of this subsec-
tion; and (iii) any prices established under this subsection shall
be on a basis of recovery of the Government's costs over a reason-
able period of time: And provided further, That the Commission,
to the extent necessary to assure the maintenance of a viable
domestic uranium industry, shall not offer such services for source
or special nuclear materials of foreign origin intended for use in
a utilization facility within or under the jurisdiction of the United
States. The Commission shall establish criteria in writing setting
forth the terms and conditions under which services provided
under this subsection shall be made available including the extent
to which such services will be made available for source or special
nuclear material of foreign origin intended for use in a utilization
facility within or under the jurisdiction of the United States:
Provided, That before the Commission establishes such criteria,
the proposed criteria shall be submitted to the Joint Committee,
and a period of forty-five days shall elapse while Congress is in
session (in computing the forty-five days there shall be excluded
the days in which either House is not in session because of
adjournment for more than three days) unless the Joint Com-
mittee by resolution in writing waives the conditions of, or all
or any portion of, such forty-five-day period.
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ATOMIC ENERGY ACT 42 § 2201
Aug. 1, 1946, c. 724, § 161, as added Aug. 30, 1954, c. 1073, § 1,
68 Stat. 948, and amended July 14, 1956, c. 608, 70 Stat. 553;
Aug. 6, 1956, c. 1015, § 4, 70 Stat. 1069; Aug. 21, 1957, Pub.L.
85-162, Title II, §§ 201, 204, 71 Stat. 410; Sept. 4, 1957, Pub.L.
85-287, § 4, 71 Stat. 613 ; July 7, 1958, Pub.L. 85-507, § 21 (b)
(1), 72 Stat. 337; Aug. 19, 1958, Pub.L. 85-681, §§ 6, 7, 72 Stat.
633; Sept. 21, 1959, Pub.L. 86-300, § 1, 73 Stat. 574; Sept. 6,
1961, Pub.L. 87-206, § 13, 75 Stat. 478; May 24, 1962, Pub.L.
87-456, Title III, § 303 (c), 76 Stat. 78; Aug. 29, 1962, Pub.L.
87-615, § 12, 76 Stat. 411; Oct. 11, 1962, Pub.L. 87-793,
§ 1001 (g), 76 Stat. 864; Aug. 26, 1964, Pub.L. 88-489, § 16, 78
Stat. 606; Dec. 14, 1967, Pub.L. 90-190, § 11, 81 Stat. 578; Oct. 15,
1970, Pub.L. 91-452, Title II, § 237, 84 Stat. 930; and amended
Dec. 19, 1970, Pub.L. 91-560, §§ 7, 8, 84 Stat. 1474.
§ 2210. Indemnification and limitation of liability — Financial
protection for public liability claims; indemnification agreement;
waiver of immunity
(a) Each license issued under section 2133 or 2134 of this title
and each construction permit issued under section 2235 of this
title shall, and each license issued under section 2073, 2093, or
2111 of this title may, have as a condition of the license a require-
ment that the licensee have and maintain financial protection of
such type and in such amounts as the Commission shall require
in accordance with subsection (b) of this section to cover public
liability claims. Whenever such financial protection is required,
it shall be a further condition of the license that the licensee
execute and maintain an indemnification agreement in accordance
with subsection (c) of this section. The Commission may require,
as a further condition of issuing a license, that an applicant waive
any immunity from public liability conferred by Federal or State
law.
Amount and types of financial protection
(b) The amount of financial protection required shall be the
amount of liability insurance available from private sources, ex-
cept that the Commission may establish a lesser amount on the
basis of criteria set forth in writing, which it may revise from
• time to time, taking into consideration such factors as the follow-
ing: (1) the cost and terms of private insurance, (2) the type,
size, and location of the licensed activity and other factors per-
• taining to the hazard, and (3) the nature and purpose of the
licensed activity: Provided, That for facilities designed for pro-
ducing substantial amounts of electricity and having a rated
capacity of 100,000 electrical kilowatts or more, the amount of
•
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42 § 2210 EPA CURRENT LAWS—RADIATION
financial protection required shall be the maximum amount avail-
able from private sources. Such financial protection may include
private insurance, private contractual indemnities, self insurance,
other proof of financial responsibility, or a combination of such
measures.
Indemnification from public liability in excess of level of financial protection;
aggregate indemnity
(c) The Commission shall, with respect to licenses issued be-
tween August 30, 1954, and August 1, 1977, for which it requires
financial protection, agree to indemnify and hold harmless the
licensee and other persons indemnified, as their interest may ap- ••
pear, from public liability arising from nuclear incidents which ^f
is in excess of the level of financial protection required of the
licensee. The aggregate indemnity for all persons indemnified in
connection with each nuclear incident shall not exceed $500,-
000,000 including the reasonable costs of investigating and settling
claims and defending suits for damage: Provided, however, That
this amount of indemnity shall be reduced by the amount that the
financial protection required shall exceed $60,000,000. Such a con-
tract of indemnification shall cover public liability arising out of
or in connection with the licensed activity. With respect to any
production or utilization facility for which a construction permit
is issued between August 30, 1954, and August 1, 1977, the re-
quirements of this subsection shall apply to any license issued for
such facility subsequent to August 1, 1977. H
1
Indemnification agreements for construction or operation of production or
utilization facilities, or other activities; applicability to contracts;
sovereign immunity
(d) In addition to any other authority the Commission may
have, the Commission is authorized until August 1, 1977, to enter
into agreements of indemnification with its contractors for the
construction or operation of production or utilization facilities or
other activities under contracts for the benefit of the United
States involving activities under the risk of public liability for a
substantial nuclear incident. In such agreements of indemnifica-
tion the Commission may require its contractor to provide and
maintain financial protection of such a type and in such amounts
as the Commission shall determine to be appropriate to cover
public liability arising out of or in connection with the contractual
activity, and shall indemnify the persons indemnified against such
claims above the amount of the financial protection required, in JB
the amount of $500,000,000, including the reasonable costs of in- IP
vestigating and settling claims and defending suits for damage in
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ATOMIC ENERGY ACT 42 § 2210
the aggregate for all persons indemnified in connection with such
contract and for each nuclear incident: Provided, That this
amount of indemnity shall be reduced by the amount that the fi-
nancial protection required shall exceed $60,000,000: Provided
further, That in the case of nuclear incidents occurring outside
the United States, the amount of the indemnity provided by the
Commission shall not exceed $100,000,000. The provisions of this
subsection may be applicable to lump sum as well as cost type con-
tracts and to contracts and projects financed in whole or in part
by the Commission. A contractor with whom an agreement of
indemnification has been executed and who is engaged in activities
connected with the underground detonation of a nuclear explosive
device shall be liable, to the extent so indemnified under this sec-
tion, for injuries or damage sustained as a result of such detona-
tion in the same manner and to the same extent as would a pri-
vate person acting as principal, and no immunity or defense
founded in the Federal, State, or municipal character of the con-
• tractor or of the work to be performed under the contract shall
be effective to bar such liability.
Aggregate liability for a single nuclear incident
(e) The aggregate liability for a single nuclear incident of
persons indemnified, including the reasonable costs of investigat-
ing and settling claims and defending suits for damage, shall not
exceed the sum of $500,000,000 together with the amount of
financial protection required of the licensee or contractor: Pro-
vided, however, That such aggregate liability shall in no event
exceed the sum of $560,000,000: Provided further, That with
respect to any nuclear incident occurring outside of the United
States to which an agreement of indemnification entered into
under the provisions of subsection (d) of this section is applicable,
tsuch aggregate liability shall not exceed the amount of $100,000,-
000 together with the amount of financial protection required of
the contractor.
« Collection and amount of fee
(f) The Commission is authorized to collect a fee from all
persons with whom an indemnification agreement is executed
under this section. This fee shall be $30 per year per thousand
kilowatts of thermal energy capacity for facilities licensed under
section 2133 of this title. For facilities licensed under section 2134
^^ of this title, and for construction permits under section 2235 of
^B this title, the Commission is authorized to reduce the fee set forth
^* above. The Commission shall establish criteria in writing for
determination of the fee for facilities licensed under section 2134
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42 § 2210 EPA CURRENT LAWS—RADIATION *
of this title, taking into consideration such factors as (1) the H
type, size, and location of facility involved, and other factors 9
pertaining to the hazard, and (2) the nature and purpose of the
facility. For other licenses, the Commission shall collect such
nominal fees as it deems appropriate. No fee under this subsection
shall be less than $100 per year.
Use of facilities and services of private insurance organizations flfc
(g) In administering the provisions of this section, the Com- Jp
mission shall use, to the maximum extent practicable, the facilities
and services of private insurance organizations, and the Commis-
sion may contract to pay a reasonable compensation for such
services. Any contract made under the provisions of this subsec-
tion may be made without regard to the provisions of section 5
of Title 41 upon a showing by the Commission that advertising
is not reasonably practicable and advance payments may be made.
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Conditions of agreement of indemnification; settlement of claims
(h) The agreement of indemnification may contain such terms
as the Commission deems appropriate to carry out the purposes
of this section. Such agreement shall provide that, when the
Commission makes a determination that the United States will
probably be required to make indemnity payments under this
section, the Commission shall collaborate with any person indem-
nified and may approve the payment of any claim under the H
agreement of indemnification, appear through the Attorney Gen- |B
eral on behalf of the person indemnified, take charge of such
action, and settle or defend any such action. The Commission
shall have final authority on behalf of the United States to settle
or approve the settlement of any such claim on a fair and reason-
able basis with due regard for the purposes of this chapter. Such
settlement may include reasonable expenses in connection with
the claim incurred by the person indemnified.
Survey of causes and extent of damage; report to Joint Committee
(i) After any nuclear incident which will probably require Ift
payments by the United States under this section, the Commission BP
shall make a survey of the causes and extent of damage which
shall forthwith be reported to the Joint Committee, and, except
as forbidden by the provisions of sections 2161 to 2166 of this title
or any other law or Executive order, all final findings shall be
made available to the public, to the parties involved and to the
courts. The Commission shall report to the Joint Committee by
April 1, 1958, and every year thereafter on the operations under
this section.
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ATOMIC ENERGY ACT 42 § 2210
Contracts in advance of appropriations
(j) In administering the provisions of this section, the Com-
mission may make contracts in advance of appropriations and
incur obligations without regard to section 665 of Title 31.
Exemption from financial protection requirement; indemnification from public
§ liability in excess of $250,000; aggregate indemnity; waiver
(k) With respect to any license issued pursuant to section 2073,
2093, 2111, 2134(a), or 2134(c) of this title, for the conduct of
educational activities to a person found by the Commission to be
a nonprofit educational institution, the Commission shall exempt
such license from the financial protection requirement of subsec-
tion (a) of this section. With respect to licenses issued between
• August 30, 1954, and August 1, 1977, for which the Commission
grants such exemption:
(1) the Commission shall agree to indemnify and hold
• harmless the licensee and other persons indemnified, as their
interests may appear, from public liability in excess of
$250,000 arising from nuclear incidents. The aggregate in-
demnity for all persons indemnified in connection with each
nuclear incident shall not exceed $500,000,000, including the
reasonable cost of investigating and settling claims and
defending suits for damage;
«(2) such contracts of indemnification shall cover public
liability arising out of or in connection with the licensed activ-
ity; and shall include damage to property of persons indemni-
• fied, except property which is located at the site of and used
in connection with the activity where the nuclear incident
occurs; and
(3) such contracts of indemnification, when entered into
with a licensee having immunity from public liability because
it is a State agency, shall provide also that the Commission
shall make payments under the contract on account of activi-
ties of the licensee in the same manner and to the same extent
as the Commission would be required to do if the licensee were
not such a State agency.
Any licensee may waive an exemption to which it is entitled under
this subsection. With respect to any production or utilization facil-
ity for which a construction permit is issued between August 30,
»1954, and August 1, 1977, the requirements of this subsection shall
apply to any license issued for such facility subsequent to August
1, 1977.
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42 § 2210 EPA CURRENT LAWS—RADIATION
Indemnification agreements in connection with nuclear ship Savannah
(1) The Commission is authorized until August 1, 1977, to enter
into an agreement of indemnification with any person engaged in
the design, development, construction, operation, repair, and main-
tenance or use of the nuclear-powered ship authorized by section
1206 of Title 46, and designated the "nuclear ship Savannah". In
any such agreement of indemnification the Commission may re-
quire such person to provide and maintain financial protection of
such a type and in such amounts as the Commission shall deter-
mine to be appropriate to cover public liability arising from a
nuclear incident in connection with such design, development, con-
struction, operation, repair, maintenance or use and shall indem-
nify the person indemnified against such claims above the amount
of the financial protection required, in the amount of $500,000,000
. including the reasonable costs of investigating and settling claims
and defending suits for damage in the aggregate for all persons
indemnified in connection with each nuclear incident: Provided,
That this amount of indemnity shall be reduced by the amount
that the financial protection required shall exceed $60,000,000.
Agreements for establishment of procedures for handling, investigation, and
settlement of public liability claims; emergency assistance payments
(m) The Commission is authorized to enter into agreements
with other indemnitors to establish coordinated procedures for the
prompt handling, investigation, and settlement of claims for public IB
liability. The Commission and other indemnitors may make pay- 1^
ments to, or for the aid of, claimants for the purpose of providing
immediate assistance following a nuclear incident. Any funds
appropriated to the Commission shall be available for such pay-
ments. Such payments may be made without securing releases,
shall not constitute an admission of the liability of any person
indemnified or of any indemnitor, and shall operate as a satis-
faction to the extent thereof of any final settlement or judgment.
Waiver of defenses; jurisdiction and venue of public liability actions; removal
or transfer of actions; process
(n) (1) With respect to any extraordinary nuclear occurrence to
which an insurance policy or contract furnished as proof of finan-
cial protection or an indemnity agreement applies and which—
(a) arises out of or results from or occurs in the course of
the construction, possession, or operation of a production or
utilization facility, or
(b) arises out of or results from or occurs in the course of
transportation of source material, byproduct material, or
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ATOMIC ENERGY ACT 42 § 2210
• special nuclear material to or from a production or utilization
facility, or
(c) during the course of the contract activity arises out of
§or results from the possession, operation, or use by a Com-
mission contractor or subcontractor of a devise utilizing spe-
cial nuclear material or byproduct material,
• the Commission may incorporate provisions in indemnity agree-
ments with licensees and contractors under this section, and may
require provisions to be incorporated in insurance policies or con-
tracts furnished as proof of financial protection, which waive
§(i) any issue or defense as to conduct of the claimant or fault of
persons indemnified, (ii) any issue or defense as to charitable
or governmental immunity, and (iii) any issue or defense based
• on any statute of limitations if suit is instituted within three years
from the date on which the claimant first knew, or reasonably
could have known, of his injury or damage and the cause thereof,
but in no event more than ten years after the date of the nuclear
incident. The waiver of any such issue or defense shall be effective
regardless of whether such issue or defense may otherwise be
deemed jurisdictional or relating to an element in the cause of
• action. When so incorporated, such waivers shall be judicially
enforcible in accordance with their terms by the claimant against
the person indemnified. Such waivers shall not preclude a defense
• based upon a failure to take reasonable steps to mitigate da'mages,
nor shall such waivers apply to injury or damage to a claimant or
to a claimant's property which is intentionally sustained by the
claimant or which results from a nuclear incident intentionally
and wrongfully caused by the claimant. The waivers authorized in
this subsection shall, as to indemnitors, be effective only with
respect to those obligations set forth in the insurance policies or
• the contracts furnished as proof of financial protection and in the
indemnity agreements. Such waivers shall not apply to, or preju-
dice the prosecution or defense of, any claim or portion of claim
t which is not within the protection afforded under (i) the terms of
insurance policies or contracts furnished as proof of financial
protection, or indemnity agreements, and (ii) the limit of liability
provisions of subsection (e) of this section.
• (2) With respect to any public liability action arising out of or
resulting from an extraordinary nuclear occurrence, the United
States district court in the district where the extraordinary nu-
clear occurrence takes place, or in the case of an extraordinary
nuclear occurrence taking place outside the United States, the
United States District Court for the District of Columbia, shall
have original jurisdiction without regard to the citizenship of any
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party or the amount in controversy. Upon motion of the defendant
or of the Commission, any such action pending in any State court
or United States district court shall be removed or transferred to
the United States district court having venue under this subsec-
tion. Process of such district court shall be effective throughout the
United States.
Percentage limitation; distribution plans; claim disposition and fund distribu-
tion plans; allocation for personal injury, property damage, and possible
latent injury claims; approval, disapproval, or modification; adoption of
other plan; orders for implementation and enforcement of provisions;
area orders effective
(o) Whenever the United States district court in the district
where a nuclear incident occurs, or the United States District
Court for the District of Columbia in case of a nuclear incident
occurring outside the United States, determines upon the petition
of any indemnitor or other interested person that public liability
from a single nuclear incident may exceed the limit of liability
under subsection (e) of this section:
(1) Total payments made by or for all indemnitors as a
result of such nuclear incident shall not exceed 15 per centum
of such limit of liability without the prior approval of such
court;
(2) The court shall not authorize payments in excess of 15
centum of such limit of liability unless the court determines
that such payments are or will be in accordance with a plan
of distribution which has been approved by the court or such
payments are not likely to prejudice the subsequent adoption
and implementation by the court of a plan of distribution
pursuant to subparagraph (3) of this subsection (o); and
(3) The Commission shall, and any other indemnitor or
other interested person may, submit to such district court a
plan for the disposition of pending claims and for the distri-
bution of remaining funds available. Such a plan shall include
an allocation of appropriate amounts for personal injury
claims, property damage claims, and possible latent injury
claims which may not be discovered until a later time. Such
court shall have all power necessary to approve, disapprove,
or modify plans proposed, or to adopt another plan; and to
determine the proportionate share of funds available for each
claimant. The Commission, any other indemnitor, and any
person indemnified shall be entitled to such orders as may
be appropriate to implement and enforce the provisions of
this section, including orders limiting the liability of the
persons indemnified, orders approving or modifying the plan,
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ATOMIC ENERGY ACT 42 § 2210
orders staying the payment of claims and the execution of
court judgments, orders apportioning the payments to be
made to claimants, and orders permitting partial payments
to be made before final determination of the total claims. The
orders of such court shall be effective throughout the United
States.
Aug. 1, 1946, c. 724, § 170, as added Sept. 2, 1957, Pub.L. 85-256,
§ 4, 71 Stat. 576, and amended Aug. 8, 1958, Pub.L. 85-602, §§ 2,
2 [3], 72 Stat. 525; Aug. 23, 1958, Pub.L. 85-744, 72 Stat. 837;
Sept. 6, 1961, Pub.L. 87-206 § 15, 75 Stat. 479; Aug. 29, 1962,
Pub.L. 87-615, §§ 6, 7, 76 Stat. 410; Aug. 1, 1964, Pub.L. 88-394,
§§ 2, 3, 78 Stat. 376; Sept. 29, 1965, Pub.L. 89-210, §§ 1-5, 79 Stat.
855-857; Oct. 13, 1966, Pub.L. 89-645, §§ 2, 3, 80 Stat. 891.
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THE PUBLIC HEALTH SERVICE ACT
§ 203. Organization of Service
The Service shall consist of (1) the Office of the Surgeon Gen-
eral, (2) the National Institutes of Health, (3) the Bureau of
Medical Services, and (4) the Bureau of State Services. The Sur-
geon General is authorized and directed to assign to the Office of
the Surgeon General, to the National Institutes of Health, to the
Bureau of Medical Services, and to the Bureau of State Services,
respectively, the several functions of the Service, and to establish
within them such divisions, sections, and other units as he may
find necessary; and from time to time abolish, transfer, and con-
solidate divisions, sections, and other units and assign their func-
tions and personnel in such manner as he may find necessary
for efficient operation of the Service. No division shall be estab-
lished, abolished, or transferred, and no divisions shall be con-
solidated, except with the approval of the Secretary. The National
Institutes of Health shall be administered as a part of the field
service. The Surgeon General may delegate to any officer or em-
ployee of the Service such of his powers and duties under this
chapter except the making of regulations, as he may deem neces-
sary or expedient.
July 1, 1944, c. 373, Title II, § 202, 58 Stat. 683; June 16, 1948, c.
481, § 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr.
11, 1953, 18 F.R. 2053, 67 Stat. 631.
§ 215. Detail of personnel to governmental departments, States
and subdivisions, and certain institutions; payment of salaries and
allowances
(a) The Secretary is authorized, upon the request of the head
of an executive department, to detail officers or employees of the
Service to such department for duty as agreed upon by the Sec-
retary and the head of such department in order to cooperate in,
• or conduct work related to, the functions of such department or
of the Service. When officers or employees are so detailed their
salaries and allowances may be paid from working funds estab-
lished as provided by law or may be paid by the Service from
applicable appropriations and reimbursement may be made as
agreed upon by the Secretary and the head of the executive de-
partment concerned. Officers detailed for duty with the Army, Air
Force, Navy or Coast Guard shall be subject to the laws for the
government of the service to which detailed.
(b) Upon the request of any State health authority or, in the
case of work relating to mental health, any State mental health
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authority, personnel of the Service may be detailed by the Surgeon flj
General for the purpose of assisting such State or a political sub- •§
division thereof in work related to the functions of the Service.
(c) The Surgeon General may detail personnel of the Service m*
to nonprofit educational, research, or other institutions engaged in H
health activities for special studies of scientific problems and for
the dissemination of information relating to public health.
(d) Personnel detailed under subsections (b) and (c) of this
section shall be paid from applicable appropriations of the Service,
except that, in accordance with regulations such personnel may be
placed on leave without pay and paid by the State, subdivision,
or institution to which they are detailed. The services of personnel
while detailed pursuant to this section shall be considered as
having been performed in the Service for purposes of the compu-
tation of basic pay, promotion, retirement, compensation for in-
jury or death, and the benefits provided by section 213 of this
title.
July 1, 1944, c. 373, Title II, § 214, 58 Stat. 690; July 3, 1946, c. flj
538, § 6, 60 Stat. 423; Oct. 12, 1949, c. 681, Title V, § 521 (e), 63 •
Stat. 835; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. April 11, 1953, 18
F.R. 2053, 67 Stat. 631. JM
SUBCHAPTER II.—GENERAL POWERS AND DUTIES
Part A.—Research and Investigations
§ 241. Research and investigations generally
The Surgeon General shall conduct in the Service, and encour-
age, cooperate with, and render assistance to other appropriate
public authorities, scientific institutions, and scientists in the con-
duct of, and promote the coordination of, research, investigations,
experiments, demonstrations, and studies relating to the causes,
diagnosis, treatment, control, and prevention of physical and men-
tal diseases and impairments of man, including water purification,
sewage treatment, and pollution of lakes and streams. In carrying
out the foregoing the Surgeon General is authorized to—
(a) Collect and make available through publications and other
appropriate means, information as to, and the practical applica-
tion of, such research and other activities;
(b) Make available research facilities of the Service to appro-
priate public authorities, and to health officials and scientists
engaged in special study;
(c) Establish and maintain research fellowships in the Service
with such stipends and allowances, including traveling and sub-
sistence expenses, as he may deem necessary to procure the as-
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PUBLIC HEALTH SERVICE ACT 42 § 241
sistance of the most brilliant and promising research fellows
from the United States and abroad;
(d) Make grants-in-aid to universities, hospitals, laboratories,
and other public or private institutions, and to individuals for
such research or research training projects as are recommended
by the National Advisory Health Council, or, with respect to
cancer, recommended by the National Advisory Cancer Council, or,
with respect to mental health, recommended by the National
Advisory Mental Health Council, or, with respect to heart diseases,
recommended by the National Advisory Heart Council, or, with
respect to dental disease and conditions, recommended by the
National Advisory Dental Research Council; and include in the
grants for any such project grants of penicillin and other anti-
biotic compounds for use in such project; and make, upon recom-
mendation of the National Advisory Health Council, grants-in-aid
to public or nonprofit universities, hospitals, laboratories, and
other institutions for the general support of their research and
research training programs: Provided, That such uniform per-
centage, not to exceed 15 per centum, as the Surgeon General may
determine, of the amounts provided for grants for research or
research training projects for any fiscal year through the appro-
priations for the National Institutes of Health may be transferred
from such appropriations to a separate account to be available
for such research and research training program grants-in-aid
for such fiscal year;
(e) Secure from time to time and for such periods as he deems
advisable, the assistance and advice of experts, scholars, and con-
sultants from the United States or abroad;
(f) For purposes of study, admit and treat at institutions, hos-
pitals, and stations of the Service, persons not otherwise eligible
for such treatment;
(g) Make available, to health officials, scientists, and appro-
priate public and other nonprofit institutions and organizations,
technical advice and assistance on the application of statistical
methods to experiments, studies, and surveys in health and medi-
cal fields;
(h) Enter into contracts during the fiscal year ending June 30,
1966, and each of the eight succeding fiscal years, including con-
tracts for research in accordance with and subject to the provi-
sions of law applicable to contracts entered into by the military
departments under sections 2353 and 2354 of Title 10, except that
determination, approval, and certification required thereby shall
be by the Secretary of Health, Education, and Welfare; and
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42 § 241 EPA CURRENT LAWS—RADIATION
(i) Adopt, upon recommendation of the National Advisory
Health Council, or, with respect to cancer, upon recommendation
of the National Advisory Cancer Council, or, with respect to
mental health, upon recommendation of the National Advisory ^
Mental Health Council, or, with respect to heart diseases, upon •
recommendation of the National Advisory Heart Council, or, with
respect to dental diseases and conditions, upon recommendations
of the National Advisory Dental Research Council, such addi- •
tional means as he deems necessary or appropriate to carry out BP
the purposes of this section-.
July 1, 1944, c. 373, Title III, § 301, 58 Stat. 691; July 3, 1946, c. m
538, § 7(a, b), 60 Stat. 423; June 16, 1948, c. 481, § 4(e, f), 62 •
Stat. 467; June 24, 1948, c. 621, § 4(e, f), 62 Stat. 601; June 25,
1948, c. 654, § 1, 62 Stat. 1017; July 3, 1956, c. 510, § 4, 70 Stat.
490; Sept. 15, 1960, Pub.L. 86-798, 74 Stat. 1053; Oct. 17, 1962,
Pub.L. 87-838, § 2, 76 Stat. 1073; Aug. 9,1965, Pub.L. 89-115, § 3,
79 Stat. 448; Dec. 5, 1967, Pub.L. 90-174, § 9, 81 Stat. 540; and
amended Oct. 30, 1970, Pub.L. 91-515, Title II, § 292, 84 Stat.
1308.
§ 242b. Research and demonstrations relating to health facilities
and services—Grants and contracts for projects for research,
experiments, or demonstrations and related training; cost limita-
tion; wage rates, labor standards, and other conditions; payments
(a) (1) The Secretary is authorized—
(A) to make grants to States, political subdivisions, uni-
versities, hospitals, and other public or nonprofit private
agencies, institutions, or organizations for projects for the
conduct of research, experiments, or demonstrations (and
related training), and
(B) to make contracts with public or private agencies,
institutions, or organizations for the conduct of research,
experiments, or demonstrations (and related training),
relating to the development, utilization, quality, organization, and
financing of services, facilities, and resources of hospitals, facili-
ties for long-term care, or other medical facilities (including, for
purposes of this section, facilities for the mentally retarded, as
defined in the Mental Retardation Facilities and Community «H
Mental Health Centers Construction Act of 1963), agencies, insti- •
tutions, or organizations or to development of new methods or
improvement of existing methods of organization, delivery, or
financing of health services, including, among others—
(i) projects for the construction of units of hospitals,
facilities for long-term care, or other medical facilities which
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PUBLIC HEALTH SERVICE ACT 42 § 242b
involve experimental architectural designs or functional lay-
out or use of new materials or new methods of construction,
the efficiency of which can be tested and evaluated, or which
involve the demonstration of such efficiency, particularly
projects which also involve research, experiments, or demon-
strations relating to delivery of health services, and
(ii) projects for development and testing of new equipment
and systems, including automated equipment, and other new
technology systems or concepts for the delivery of health
services, and
(iii) projects for research and demonstration in new
careers in health manpower and new ways of educating and
utilizing health manpower, and
(iv) projects for research, experiments, and demonstra-
tions dealing with the effective combination or coordination
of public, private, or combined public-private methods or
systems for the delivery of health services at regional, State,
or local levels, and
(v) projects for research and demonstrations in the provi-
sion of home health services.
(2) Except where the Secretary determines that unusual cir-
cumstances make a larger percentage necessary in order to effec-
tuate the purposes of this subsection, a grant or contract under
this subsection with respect to any project for construction of a
facility or for acquisition of equipment may not provide for
payment of more than 50 per centum of so much of the cost of
the facility or equipment as the Secretary determines is reason-
ably attributable to research, experimental, or demonstration
purposes. The provisions of clause (5) of the third sentence of
section 291e(a) of this title and such other conditions as the
Secretary may determine shall apply with respect to grants or
contracts under this subsection for projects for construction of
a facility or for acquisition of equipment.
(3) (A) Payments of any grants or under any contracts under
this subsection may be made in advance or by way of reimburse-
ment, and in such installments and on such conditions as the
Secretary deems necessary to carry out the purposes of this
subsection.
(B) The amounts otherwise payable to any person under a
grant or contract made under this subsection shall be reduced by—
(i) amounts equal to the fair market value of any equip-
ment or supplies furnished to such person by the Secretary
for the purpose of carrying out the project with respect to
which such grant or contract is made, and
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42 § 242b EPA CURRENT LAWS—RADIATION
(ii) amounts equal to the pay, allowances, traveling ex-
penses, and related personnel expenses attributable to the
performance of services by an officer or employee of the
Government in connection with such project, if such officer
or employee was assigned or detailed by the Secretary to
perform such services,
but only if such person requested the Secretary to furnish such
equipment or supplies, or such services, as the case may be.
Systems analysis of national health care plans; cost and coverage report on
existing legislative proposals
(b) (1) (A) The Secretary shall develop, through utilization
of the systems analysis method, plans for health care systems
designed adequately to meet the health needs of the American
people. For purposes of the preceding sentence, the systems
analysis method means the analytical method by which various
means of obtaining a desired result or goal is associated with the
costs and benefits involved.
(B) The Secretary shall complete the development of the plans
referred to in subparagraph (A), within such period as may be
necessary to enable him to submit to the Congress not later than
September 30, 1971, a report thereon which shall describe each
plan so developed in terms of—
(i) the number of people who would be covered under the
plan;
(ii) the kind and type of health care which would be
covered under the plan;
(iii) the cost involved in carrying out the plan and how
such costs would be financed;
(iv) the number of additional physicians and other health
care personnel and the number and type of health care
facilities needed to enable the plan to become fully effective;
(v) the new and improved methods, if any, of delivery of
health care services which would be developed in order to
effectuate the plan;
(vi) the accessibility of the benefits of such plan to various
socioeconomic classes of persons;
(vii) the relative effectiveness and efficiency of such plan
as compared to existing means of financing and delivering
health care; and
(viii) the legislative, administrative, and other actions
which would be necessary to implement the plan.
(C) In order to assure that the advice and service of experts
in the various fields concerned will be obtained in the plans
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authorized by this paragraph and that the purposes of this
paragraph will fully be carried out—
(i) the Secretary shall utilize, whenever appropriate,
personnel from the various agencies, bureaus, and other
departmental subdivisions of the Department of Health,
Education, and Welfare;
(ii) the Secretary is authorized, with the consent of the
head of the department or agency involved, to utilize (on a
reimbursable basis) the personnel and other resources of other
departments and agencies of the Federal Government; and
(iii) the Secretary is authorized to consult with appropriate
State or local public agencies, private organizations, and
individuals.
(2) (A) The Secretary shall, in accordance with this
paragraph, conduct a study of each legislative proposal which is
introduced in the Senate or the House or Representatives during
the Ninety-first Congress, and which undertakes to establish a
national health insurance plan or similar plan designed to meet
the needs of health insurance or for health services of all or the
overwhelming majority of the people of the United States.
(B) In conducting such study with respect to each such
legislative proposal, the Secretary shall evaluate and analyze
such proposal with a view to determining—
(i) The costs of carrying out the proposal; and
(ii) the adequacy of the proposal in terms of (I) the portion
of the population covered by the proposal, (II) the type health
care provided, paid for, or insured against under the proposal,
(III) whether, and if so, to what extent, the proposal provides
for the development of new and improved methods for the
delivery of health care and services.
(C) Not later than March 31,1971, the Secretary shall submit
to the Congress a report on each legislative proposal which he
has been directed to study under this paragraph, together with
an analysis and evaluation of such proposal.
Authorization of appropriations
(c) (1) There are authorized to be appropriated for payment
of grants or under contracts under subsection (a) of this section,
and for purposes of carrying out the provisions of subsection (b)
of this section, $71,000,000 for the fiscal year ending June 30,1971
(of which not less than $2,000,000 shall be available only for
purposes of carrying out the provisions of subsection (b)) of this
section, $82,000,000 for the fiscal year ending June 30, 1972,
74 Rev.-297
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$94,000,000 for the fiscal year ending June 30, 1973, and I
$42,617,000 for the fiscal year ending June 30, 1974. ™
(2) In addition to the funds authorized to be appropriated
under paragraph (1) to carry out the provisions of subsection (b)
of this section there are hereby authorized to be appropriated to
carry out such provisions for each fiscal year such sums as may
be necessary. H
July 1,1944, c. 373, Title III, § 304, as added July 28, 1955, c. 417, § •
3, 69 Stat. 382, and amended Aug. 2,1956, c. 871, Title V, § 502, 70
Stat. 930; Dec. 5, 1967, Pub.L. 90-174, § 3(a), 81 Stat. 534; and
amended June 30,1970, Pub.L. 91-296, Title IV, § 401(b) (1) (A), 84 •
Stat. 352; Oct. 30,1970, Pub.L. 91-515, Title II, §§ 201-203, 84 Stat. •
1301,1303, and amended June 18,1973, Pub.L. 93-45, Title 1,3102,
87 Stat. 91.
§ 242c. National health surveys and studies — Determination of
extent of illness and disability and related information;
development and test of methods for obtaining current data; use
and publication of information
(a) The Surgeon General is authorized (1) to make, by
sampling or other appropriate means, surveys and special
studies of the population of the United States to determine the
extent of illness and disability and related information such as:
(A) the number, age, sex, ability to work or engage in other
activities, and occupation or activities of persons afflicted with
chronic or other disease or injury or handicapping condition; (B)
the type of disease or injury or handicapping condition of each
person so afflicted; (C) the length of time that each such person •
has been prevented from carrying on his occupation or activities; H
(D) the amounts and types of services received for or because of
such conditions; (E) the economic and other impacts of such ••
conditions; (F) health care resources; (G) environmental and H
social health hazards; and (H) family formation, growth, and
dissolution; and (2) in connection therewith, to develop and test
new or imporved methods for obtaining current data on illness
and disability and related information. No information obtained
in accordance with this paragraph may be used for any purpose
other than the statistical purposes for which it was supplied
except pursuant to regulations of the Secretary; nor may any
such information be published if the particular establishment or
person supplying it is identifiable except with the consent of such
establishment or person.
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Development of uniform system of health information and statistics
(b) The Secretary is authorized, directly or by contract, to
undertake research, development, demonstration, and
evaluation, relating to the design and implementation of a
eooperative system for producing comparable and uniform
health information and statistics at the Federal, State, and local
levels.
Publication of results
(c) The Surgeon General is authorized, at appropriate
intervals, to make available, through publications and
otherwise, to any interested governmental or other public or
private agencies, organizations, or groups, or to the public, the
results of surveys or studies made pursuant to subsection (a) of
this section.
Authorization of appropriations
(d) There are authorized to be appropriated to carry out this
section $15,000,000 for the fiscal year ending June 30, 1971,
$20,000,000 for the fiscal year ending June 30, 1972, and
$25,000,000 for the fiscal year ending June 30, 1973, and
$14,518,000 for fiscal year ending June 30, 1974.
Cooperation with other Governmental or State agencies
(e) To assist in carrying out the provisions of this section the
Surgeon General is authorized and directed to cooperate and
consult with the Departments of Commerce and Labor and any
other interested Federal Departments or agencies and with
State health departments. For such purpose he shall utilize
insofar as possible the services or facilities of any agency of the
Federal Government and, without regard to section 5 of Title 41,
of any appropriate State or other public agency, and may,
without regard to section 5 of Title 41, utilize the services or
facilities of any private agency, organization, group, or
individual, in accordance with written agreements between the
head of such agency, organization, or group, or such individual,
and the Secretary of Health, Education, and Welfare. Payment,
if any, for such services or facilities shall be made in such
amounts as may be provided in such agreement.
July 1,1944, c. 373, Title III, § 305, as added July 3,1956, c. 510, § 3,
70 Stat. 490; and amended Oct. 30,1970, Pub.L. 91-515, Title II, §
210, 84 Stat. 1303 and amended June 18,1973, Pub.L. 93-45, Title
I, 3103, 87 Stat. 91.
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§ 242d. Graduate or specialized training for physicians, H
engineers, nurses, and other professional personnel—
Appropriations
(a) There are authorized to be appropriated for the fiscal year
ending June 30,1957, and for each of the next twelve fiscal years,
such sums as the Congress may determine, but not to exceed _
$4,500,000 for the fiscal year ending June 30,1965, $7,000,000 for •
the fiscal year ending June 30,1966, $8,000,000 for the fiscal year ™
ending June 30,1967, $10,000,000 each for the fiscal year ending
June 30,1968, and the two succeeding fiscal years, $14,000,000 for •
the fiscal year ending June 30, 1971, $16,000,000 for the fiscal •
year ending June 30,1972, $18,000,000 for the fiscal year ending
June 30,1973, and $10,300,000 for the fiscal year ending June 30, H
1974, to cover the cost of traineeships for graduate or specialized •
training in public health for physicians, engineers, nurses,
sanitarians, and other professional health personnel.
Awards of traineeships to individuals or institutions Hi
(b) Traineeships under this section may be awarded by the
Surgeon General either (1) directly to individuals whose •
applications for admission have been accepted by the public or Hi
other nonprofit institutions providing the training, or (2)
through grants to such institutions. JHJ
Payments; time; conditions; limitations
(c) Payments under this section may be made in advance or
by way of reimbursement, and at such intervals and on such
conditions, as the Surgeon General finds necessary. Such
payments to institutions may be used only for traineeships, and
payments under this section with respect to any traineeship
shall be limited to such amounts as the Surgeon General finds
necessary to cover the cost of tuition and fees, and a stipend and
allowances (including travel and subsistence expenses) for the
trainee.
Advisory committee; composition and functions
(d) The Surgeon General shall appoint an expert advisory
committee, composed of persons representative of the principal
health specialties in the fields of public health administration
and training, to advise him in connection with the
administration of this section and section 242g of this title,
including the development of program standards and policies
and including, in the case of section 242g of this title, certification
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to the Surgeon General of projects which it has reviewed and
approved.
Conference; representatives; appraisal of traineeships; report and
recommendations
(e) The Surgeon General shall, between June 30, 1958, and
December 1,1958, call a conference broadly representative of the
professional and training groups interested in and informed
about training of professional public health personnel, and
including members of the advisory committee appointed
pursuant to subsection (d) of this section, to assist him in
appraising the effectiveness of the traineeships under this
section in meeting the needs for trained public health personnel;
in considering modifications in this section, if any, which may be
desirable to increase its effectiveness; and in considering the
most effective distribution of responsibilities between Federal
and State governments with respect to the administration and
support of public health training. The Surgeon General shall
submit to the Congress, on or before January 1,1959, a report of
such conference, including any recommendations by it relating
to the limitation, extension, or modification of this section. The
Surgeon General shall, between June 30, 1963, and December 1,
1963, call a similar conference, and shall submit to the Congress,
on or before January 1, 1964, a report of such conference,
including any recommendations by it relating to the limitation,
extension, or modification of this section. The Surgeon General
shall, between June 30,1967, and December 1,1967, call a similar
conference, and shall submit to the Congress, on or before
January 1, 1968, a report of such conference, including any
recommendations by it relating to the limitation, extension, or
modification of this section.
Supervision of personnel or curriculum
(f) Except as otherwise provided in this section, nothing
contained in this section shall be construed as authorizing any
department, agency, officer, or employee of the United States to
exercise any direction, supervision, or control over the personnel
or curriculum of any training institution.
July 1, 1944, c. 373, Title III, § 306, as added Aug. 2, 1956, c. 871,
Title I, § 101, 70 Stat. 923, and amended July 23, 1959, Pub.L.
86-105, § 1,73 Stat. 239; Sept. 8,1960, Pub.L. 86-720, § l(b), 74 Stat.
820; Aug. 27, 1964, Pub.L. 88-497, § 2, 78 Stat. 613; Aug. 16, 1968,
Pub.L. 90-490, Title III, § 302(b), 82 Stat. 789; and amended Mar.
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12, 1970, Pub.L. 91-208, § 3, 84 Stat. 52; Oct. 30, 1970, Pub.L. •
91-515, Title VI, § 601(b) (2), 84 Stat. 1311. ™
§ 242f. International cooperation — Use of health research and mm
research training' resources •
(a) To carry out the purposes of clause (1) of section 2101 of
Title 22, the Surgeon General may, in the exercise of his _
authority under this chapter and other provisions of law to H
conduct and support health research and research training, ™
make such use of health research and research training
resources in participating foreign countries as he may deem
necessary and desirable.
Fellowships; equipment; meetings and conferences; interchange of scientists and
experts; consultants; compensation and travel expenses
(b) In carrying out his responsibilities under this section the
Surgeon General may —
(1) establish and maintain fellowships in the United States
and in participating foreign countries;
(2) make grants to public institutions or agencies and to
nonprofit private institutions or agencies in the United States
and in participating foreign countries for the purpose of
establishing and maintaining fellowships;
(3) make grants or loans of equipment, medical, biological,
physical, or chemical substances or other materials, for use by
public institutions or agencies, or nonprofit private
institutions or agencies, or by individuals, in participating
foreign countries;
(4) participate and otherwise cooperate in any
international health research or research training meetings,
conferences, or other activities;
(5) facilitate the interchange between the United States
and participating foreign countries, and among participating
foreign countries, of research scientists and experts who are
engaged in experiments and programs of research or research
training, and in carrying out such purpose may pay per diem
compensation, subsistance, and travel for such scientists and
experts when away from their places of residence at rates not
to exceed those provided in section 73b — 2 of Title 5 for persons
in the Government service employed intermittently; and
(6) procure, in accordance with the provisions of section 55a
of Title 5, the temporary or intermittent services of experts or
consultants; individuals so employed shall receive
compensation at a rate to be fixed by the Secretary, but not in M
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excess of $50 per diem, including travel time, and while away
from their homes or regular places of business may be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized by section 73b—2 of Title 5 for persons in the
Government service employed intermittently.
Building construction prohibition
(c) The Surgeon General may not, in the exercise of his
authority under this section, assist in the construction of
buildings for research or research training in any foreign
country.
Definitions
(d) For the purposes of this section—
(1) The term "health research" shall include, but not be
limited to, research, investigations, and studies relating to
causes and methods of prevention of accidents, including but
not limited to highway and aviation accidents.
(2) The term "participating foreign countries" means those
foreign countries which cooperate with the United States in
carrying out the purposes of this section.
July 1,1944, c. 373, Title III, § 308, as added July 12,1960, Pub.L.
86-610,§ 3, 74 Stat. 364.
§ 242i. Administration of grants in multigrant projects;
promulgation or regulations
For the purpose of facilitating the administration of, and
expediting the carrying out of the purposes of, the programs
established by subchapter VII of this chapter, and sections 242b,
246(a), 246(b), 246(c), 246(d), and 246(e) of this title in situations in
which grants are sought or made under two or more of such
programs with respect to a single project, the Secretary is
authorized to promulgate regulations—
(1) under which the administrative functions under such
programs with respect to such project will be performed by a
single administrative unit which is the administrative unit
charged with the administration of any of such programs or is
the administrative unit charged with the supervision of two or
more of such programs;
(2) designed to reduce the number of applications, reports,
and other materials required under such programs to be
submitted with respect to such project, and otherwise to
simplify, consolidate, and make uniform (to the extent
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feasible), the data and information required to be contained in H
such applications, reports, and other materials; and
(3) under which inconsistent or duplicative requirements
imposed by such programs will be revised and made uniform
with respect to such project;
except that nothing in this section shall be construed to
authorize the Secretary to waive or suspend, with respect to any ••
such project, any requirement with respect to any of such •
programs if such requirement is imposed by law or by any
regulation required by law. _
July 1,1944, c. 373, Title III, § 310A, as added Oct. 30,1970, Pub.L. •
91-515, Title II, § 270, 84 Stat. 1306. •
§ 242j. Annual report by Secretary on activities related to
health facilities and services and expenditure of funds
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On or before January 1 of each year, the Secretary shall
transmit to the Congress a report of the activities carried on mm
under the provisions of subchapter VII of this chapter and •
sections 242b, 242c, 246(a), 246(b), 246(c), 246(d), and 246(e) of this
title together with (1) an evaluation of the effectiveness of such
activities in improving the efficiency and effectiveness of the •
research, planning, and delivery of health services in carrying ™
out the purposes for which such provisions were enacted, (2) a
statement of the relationship between Federal financing and
financing from other sources of the activities undertaken
pursuant to such provisions (including the possibilities for more
efficient support of such activities through use of alternate
sources of financing after an initial period of support under such
provisions), and (3) such recommendations with respect to such
provisions as he deems appropriate.
July 1,1944, c. 373, Title III, § 310B, as added Oct. 30,1970, Pub.L.
91-515, Title II, § 280, 84 Stat. 1307.
Part B.—Federal-State Cooperation
§ 243. General grant of authority for cooperation—Enforcement
of quarantine regulations; prevention of communicable diseases
communicable diseases
(a) The Secretary is authorized to accept from State and local
authorities any assistance in the enforcement of quarantine
regulations made pursuant to this chapter which such
authorities may be able and willing to provide. The Secretary
shall also assist States and their political subdivisions in the
prevention and suppression of communicable diseases, shall
cooperate with and aid State and local authorities in the
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enforcement of their quarantine and other health regulations
and in carrying out the purposes specified in section 246 of this
title, and shall advise the several States on matters relating to
the preservation and improvement of the public health.
Comprehensive and continuing planning; training of
personnel for State and local health work
(b) The Secretary shall encourage cooperative activities
between the States with respect to comprehensive and continu-
ing planning as to their current and future health needs, the
establishment and maintenance of adequate public services, and
otherwise carrying out the purposes of section 246 of this title.
The Secretary is also authorized to train personnel for State and
local health work.
Problems resulting from disasters; emergencies; reimbursement
of United States
(c) The Secretary may enter into agreements providing for
cooperative planning between Public Health Service medical
facilities and community health facilities to cope with health
problems resulting from disasters, and for participation by
Public Health Service medical facilities in carrying out such
planning. He may also, at the request of the appropriate State or
local authority, extend temporary (not in excess of forty-five
days) assistance to States or localities in meeting health
emergencies of such a nature as to warrant Federal assistance.
The Secretary may require such reimbursement of the United
States for aid (other than planning) under the preceding
sentences of this subsection as he may determine to be
reasonable under the circumstances. Any reimbursement so
paid shall be credited to the applicable appropriation of the
Public Health Service for the year in which such reimbursement
is received.
July 1, 1944, c. 373, Title III, § 311, 58 Stat. 693; Nov. 3, 1966,
Pub.L. 89-749, § 5, 80 Stat. 1190; Dec. 5,1967 Pub.L. 90-174, § 4, 81
Stat. 536; and amended Oct. 30,1970, Pub.L. 91-515, Title II, § 282,
84 Stat. 1308.
§ 246. Grants and services to States — Comprehensive health
planning and services
(a) (1) In order to assist the States in comprehensive and
continuing planning for their current and future health needs,
the Secretary is authorized during the period beginning July 1,
1966, and ending June 30, 1973, to make grants to States which
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have submitted, and had approved by the Secretary, State plans H
for comprehensive State health planning. For the purposes of
carrying out this subsection, there are hereby authorized to be
appropriated $2,500,000 for the fiscal year ending June 30, 1967, •
$7,000,000 for the fiscal year ending June 30,1968, $10,000,000 for •
the fiscal year ending June 30, 1969, $15,000,000 for the fiscal
year ending June 30, 1970, $15,000,000 for the fiscal year ending
June 30,1971, $17,000,000 for the fiscal year ending June 30,1972,
$20,000,000 for the fiscal year ending June 30, 1973, and
$10,000,000 for the fiscal year ending June 30, 1974.
(2) In order to be approved for purposes of this subsection, a
State plan for comprehensive State health planning must—
(A) designate, or provide for the establishment of, a single
State agency, which may be an interdepartmental agency, as
the sole agency for administering or supervising the
administration of the State's health planning functions under
the plan;
(B) provide for the establishment of a State health
planning council, which shall include representatives of
Federal, State, and local agencies (including as an ex officio
member, if there is located in such State one or more hospitals
or other health care facilities of the Veterans' Administration,
the individual whom the Administrator of Veterans' Affairs
shall have designated to serve on such council as the
representative of the hospitals or other health care facilities of
such Administration which are located in such State) and
nongovernmental organizations and groups concerned with
health, (including representation of the regional medical
program or programs included in whole or in part within the
State) and of consumers of health services, to advsie such State
agency in carrying out its functions under the plan, and a flj
majority of the membership of such council shall consist of mm
representatives of consumers of health services;
(C) set forth policies and procedures for the expenditure of mm
funds under the plan, which in the judgment of the Secretary •
are designed to provide for comprehensive State planning for
health services (both public and private) and including home -—
health care, including the facilities and persons required for H
the provision of such services, to meet the health needs of the ™
people of the State and including environmental con-
siderations as they relate to public health;
(D) provide for encouraging cooperative efforts among
governmental or nongovernmental agencies, organizations
and groups concerned with health services, facilities, or mm
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manpower, and for cooperative efforts between such ae-encies,
organizations, and groups and similar agencies,
organizations, and groups in the field of education, welfare,
and rehabilitation;
(E) contain or be supported by assurances satisfactory to
the Secretary that the funds paid under this subsection will be
used to supplement and, to the extent practicable, to increase
the level of funds that would otherwise be made available by
the State for the purpose of comprehensive health planning
and not to supplant such non-Federal funds;
(F) provide such methods of administration (including
methods relating to the establishment and maintenance of
personnel standards on a merit basis, except that the
Secretary shall exercise no authority with respect to the
selection, tenure of office, and compensation of any individual
employed in accordance with such methods) as are found by
the Secretary to be necessary for the proper and efficient
operation of the plan;
(G) provide that the State agency will make such reports, in
such form and containing such information, as the Secretary
may from time to time reasonably require, and will keep such
records and afford such access thereto as the Secretary finds
necessary to assure the correctness and verification of such
reports;
(H) provide that the State agency will from time to time,
but not less often than annually, review its State plan
approved under this subsection and submit to the Secretary
appropriate modifications thereof;
(I) effective July 1, 1968, (i) provide for assisting each
health care facility in the State to develop a program for
capital expenditures for replacement, modernization, and
expansion which is consistent with an overall State plan
developed in accordance with criteria established by the
Secretary after consultation with the State which will meet
the needs of the State for health care facilities, equipment, and
services without duplication and otherwise in the most
efficient and economical manner, and (ii) provide that the
State agency furnishing such assistance will periodically
review the program (developed pursuant to clause (i)) of each
health care facility in the State and recommend appropriate
modification thereof;
(J) provide for such fiscal control and fund accounting
procedures as may be necessary to assure proper
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disbursement of and accounting for funds paid to the State H
under this subsection; and
(K) contain such additional information and assurances as
the Secretary may find necessary to carry out the purposes of
this subsection.
(3) (A) From the sums appropriated for such purpose for
each fiscal year, the several States shall be entitled to allotments
determined, in accordance with regulations, on the basis of the
population and the per capita income of the respective States;
except that no such allotment to any State for any fiscal year
shall be less than 1 per centum of the sum appropriated for such
fiscal year pursuant to paragraph (1). Any such allotment to a
State for a fiscal year shall remain available for obligation by the
State, in accordance with the provisions of this subsection and
the State's plan approved thereunder, until the close of the
succeeding fiscal year.
(B) The amount of any allotment to a State under
subparagraph (A) for any fiscal year which the Secretary
determines will not be required by the State, during the period
for which it is available, for the purposes for which allotted shall
be available for reallotment by the Secretary from time to time,
on such date or dates as he may fix, to other States with respect
to which such a determination has not been made, in proportion
to the original allotments to such States under subparagraph (A)
for such fiscal year, but with such proportionate amount for any
of such other States being reduced to the extent it exceeds the
sum the Secretary estimates such State needs and will be able to
use during such period; and the total of such reductions shall be
similarly reallotted among the States whose proportionate
amounts were not so reduced. Any amount so reallotted to a
State from funds appropriated pursuant to this subsection for a
fiscal year shall be deemed part of its allotment under
subparagraph (A) for such fiscal year.
(4) From each State's allotment for a fiscal year under this •
subsection, the State shall from time to time be paid the Federal ||
share of the expenditures incurred during that year or the
succeeding year pursuant to its State plan approved under this ••
subsection. Such payments shall be made on the basis of H
estimates by the Secretary of the sums the State will need in
order to perform the planning under its approved State plan
under this subsection, but with such adjustments as may be H
necessary to take account of previously made underpayments or ™
overpayments. The "Federal share" for any State for purposes of
this subsection shall be all, or such part as the Secretary may
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determine, of the cost of such planning, except that in the case of
the allotments for the fiscal year ending June 30,1970, it shall not
exceed 75 per centum of such cost.
Project grants for areawide health planning; authorization of appropriations;
prerequisite for grants; application; contents
(b) (1) (A) The Secretary is authorized, during the period
beginning July 1, 1966, and ending June 30, 1974, to make, with
the approval of the State agency administering or supervising
the administration of the State plan approved under subsection
(a) of this section, project grants to any other public or nonprofit
private agency or organization (but with appropriate
representation of the interests of local government where the
recipient of the grant is not a local government or combination
thereof on an agency of such government or combination) to
cover not to exceed 75 per centum of the cost of projects for
developing (and from time to time revising) comprehensive
regional, metropolitan area, or other local area plans for
coordination of existing and planned health services, including
the facilities and persons required for provision of such services;
and including the provision of such services through home
health care except that in the case of project grants made in any
State prior to July 1,1968, approval of such State agency shall be
required only if such State has such a State plan in effect at the
time of such grants. No grant may be made under this subsection
after June 30, 1970, to any agency or organization to develop or
revise health plans for an area unless the Secretary determines
that such agency or organization provides means for
appropriate representation of the interests of the hospitals,
other health care facilities, and practicing physicians serving
such area, and the general public. For the purposes of carrying
out this subsection, there are hereby authorized to be
appropriated $5,000,000 for the fiscal year ending June 30, 1967,
$7,500,000 for the fiscal year ending June 30,1968, $10,000,000 for
the fiscal year ending June 30, 1969, $15,000,000 for the fiscal
year ending June 30,1970, $20,000,000 for the fiscal year ending
June 30,1971, $30,000,000 for the fiscal year ending June 30,1972,
$40,000,000 for the fiscal year ending June 30, 1973, and
$25,100,000 for the fiscal year ending June 30, 1974.
(B) Project grants may be made by the Secretary under
subparagraph (A) to the State agency administering or
supervising the administration of the State plan approved under
subsection (a) of this section with respect to a particular region
or area, but only if (i) no application for such a grant with respect
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Project grants for training, studies, and demonstrations; authorization of
appropriations
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to such region or area has been filed by any other agency or HI
organization qualified to receive such a grant, and (ii) such State
agency certifies, and the Secretary finds, that ample opportunity
has been afforded to qualified agencies and organizations to file H
application for such a grant with respect to such region or area HI
and that it is improbable that, in the foreseeable future, any
agency or organization which is qualified for such a grant will ••
file application therefor. •
(2) (A) In order to be approved under this subsection, an
application for a grant under this subsection must contain or be
supported by reasonable assurances that there has been or will
be established, in or for the area with respect to which such grant
is sought, an areawide health planning council. The membership
of such council shall include representatives of public, voluntary, H
and nonprofit private agencies, institutions, and organizations HJ
concerned with health (including representatives of the in-
terests of local government, of the regional medical program mm
for such area, and of consumers of health services). A majority of HI
the members of such council shall consist of representatives of
consumers of health services.
(B) In addtion, an application for a grant under this subsec- •
tion must contain or be supported by reasonable assurances that HI
the areawide health planning agency has made provision for
assisting health care facilities in its area to develop a program ••
for capital expenditures for replacement, modernization, and HJ
expansion which is consistent with an overall State plan which
will meet the needs of the State and the area for health care ^.
facilities, equipment, and services without duplication and HI
otherwise in the most efficient and economical manner.
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(c) The Secretary is also authorized, during the period
beginning July 1,1966, and ending June 30,1974, to make grants
to any public or nonprofit private agency, institution, or other
organization to cover all or any part of the cost of projects for ••
training, studies, or demonstrations looking toward the devel- HJ
opment of improved on more effective comprehensive health
planning throughout the Nation. For the purposes of carrying
out this subsection, there are hereby authorized to be approp- HJ
riated $1,500,000 for the fiscal year ending June 30, 1967, Hi
$2,500,000 for the fiscal year ending June 30, 1968, $5,000,000 for
the fiscal year ending June 30,1969, $7,500,000 for the fiscal year
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ending June 30, 1970, $8,000,000 for the fiscal year ending June
30, 1971, $10,000,000 for the fiscal year ending June 30, 1972,
$12,000,000 for the fiscal year ending June 30, 1973, and
$4,700,000 for the fiscal year ending June 30, 1974.
Grants for comprehensive public health services; authorization of appropriations;
State plans; allotments; payments to States; Federal share; allocation of funds
(d) (1) There are authorized to be appropriated $70,000,000
for the fiscal year ending June 30,1968, $90,000,000 for the fiscal
year ending June 30,1969, $100,000,000 for the fiscal year ending
June 30, 1970, $130,000,000 for the fiscal year ending June 30,
1971, $145,000,000 for the fiscal year ending June 30, 1972,
$165,000,000 for the fiscal year ending June 30, 1973, and
$90,000,000 for the fiscal year ending June 30,1974, to enable the
Secretary to make grants to State health or mental health
authorities to assist the States in establishing and maintaining
adequate public health services, including the training of
personnel for State and local health work. The sums so
appropriated shall be used for making payments to States which
have submitted, and had approved by the Secretary, State plans
for provision of public health services, except that, for any fiscal
year ending after June 30,1968, such portion of such sums as the
Secretary may determine, but not exceeding 1 per centum
thereof, shall be available to the Secretary for evaluation
(directly or by grants or contracts) of the program authorized by
this subsection and the amount available for allotments
hereunder shall be reduced accordingly.
(2) In order to be approved under this subsection; a State plan
for provision of public health services must—
(A) provide for administration or supervision of
administration by the State health authority or, with respect
to mental health services, the State mental health authority;
(B) set forth the policies and procedures to be followed in
the expenditure of the funds paid under this subsection;
(C) contain or be supported by assurances satisfactory to
the Secretary that (i) the funds paid to the State under this
subsection will be used to make a significant contribution
toward providing and strengthening public health services in
the various political subdivisions in order to improve the
health of the people; (ii) such funds will be made available to
other public or nonprofit private agencies, institutions, and
organizations, in accordance with criteria which the Secretary
determines are designed to secure maximum participation of
local, regional, or metropolitan agencies and groups in the
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provision of such services; (iii) such funds will be used to
supplement and, to the extent practical, to increase the level of
funds that would otherwise be made available for the purposes
for which the Federal funds are provided and not to supplant H
such non-Federal funds; and (iv) the plan is compatible with H
the total health program of the State;
(D) provide for the furnishing of public health services ••
under the State plan in accordance with such plans as have H
been developed pursuant to subsection (a) of this section;
(E) provide that public health services furnished under the
plan will be in accordance with standards prescribed by
regulations, including standards prescribed by regulations,
including standards as to the scope and quality of such
services;
(F) provide such methods of administration (including
methods relating to the establishment and maintenance of
personnel standards on a merit basis, except that the
Secretary shall exercise no authority with respect to the
selection, tenure of office, and compensation of any individual
employed in accordance with such methods) as are found by
the Secretary to be necessary for the proper and efficient
operation of the plan;
(G) provide that the State health authority or, with respect
to mental health services, the State mental health authority,
will from time to time, but not less often than annually, review
and evaluate its State plan approved under this subsection
and submit to the Secretary appropriate modifications
thereof;
(H) provide that the State health authority or, with respect
to mental health services, the State mental health authority,
will make such reports, in such form and containing such
information, as the Secretary may from time to time
reasonably require, and will keep such records and afford such
access thereto as the Secretary finds necessary to assure the
correctness and verification of such reports;
(I) provide for such fiscal control and fund accounting
procedures as may be necessary to assure the proper
disbursement of and accounting for funds paid to the State
under this subsection;
(J) contain such additional information and assurances as
the Secretary may find necessary to carry out the purposes of
this subsection;
(K) provide for services for the prevention and treatment of
drug abuse and drug dependence, commensurate with the M
extent of the problem; and •
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(L) provide for service for the prevention and treatment of
alcohol abuse and alcoholism, commensurate with the extent
of the problem.
(3) From the sums appropriated to carry out the provisions of
this subsection the several States shall be entitled for each fiscal
year to allotments determined, in accordance with regulations,
on the basis of the population and financial need of the respective
States, except that no State's allotment shall be less for any year
than the total amounts allotted to such State under formula
grants for cancer control, plus other allotments under this
section, for the fiscal year ending June 30, 1967.
(4) (A) From each State's allotment under this subsection
for a fiscal year, the State shall be paid the Federal share of the
expenditures incurred during such year under its State plan
approved under this subsection. Such payments shall be made
from time to time in advance on the basis of estimates by the
Secretary of the sums the State plan, except that such
adjustments as may be necessary shall be made on account of
previously made underpayments or overpayments under this
subsection.
(B) For the purpose of determining the Federal share for
any State, expenditures by nonprofit private agencies,
organizations, and groups shall, subject to such limitations
and conditions as may be prescribed by regulations, be
regarded as expenditures by such State or a political
subdivision thereof.
(5) The "Federal share" for any State for purposes of this
subsection shall be 100 per centum less than percentage which
bears the same ratio to 50 per centum as the percapita income
of such State bears to the per capital income of the United
States; except that in no case shall such percentage be less
than 33V3 per centum or more than 66% per centum, and except
that the Federal share for the Commonwealth of Puerto Rico,
Guam, American Samoa, the Trust Territory of the Pacific
Islands, and the Virgin Islands shall be 66% per centum.
(6) The Federal shares shall be determined by the Secretary
between July 1 and September 1 of each year, on the basis of the
average per capita incomes of each of the States and of the
United States for the most recent year for which satisfactory
data are available from the Department of Commerce, and such
determination shall be conclusive for the fiscal year beginning
on next July 1. The populations of the several States shall be
determined on the basis of the latest figures for the population of
the several States available from the Department of Commerce.
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Project grants for health services and related training; authorization of
appropriations; review of application by appropriate areawide health
planning agency
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(7) At least 15 per centum of a State's allotment under this •
subsection shall be available only to the State mental health
authority for the provision under the State plan of mental health
services. Effective with respect to allotments under this
subsection for fiscal years ending after June 30,1968, at least 70
per centum of such amount reserved for mental health services
and at least 70 per centum of the remainder of a State's allotment ••
under this subsection shall be available only for the provision ||
under the State plan of services in communities of the State.
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(e) There are authorized to be appropriated $90,000,000 for II
the fiscal year ending June 30, 1968, $95,000,000 for the fiscal •
year ending June 30, 1969, $80,000,000 for the fiscal year ending
June 30, 1970, $109,500,000 for the fiscal year ending June 30,
1971, $135,000,000 fo the fiscal year ending June 30, 1972,
$157,000,000 for the fiscal year ending June 30, 1973, and
$230,700,000 for the fiscal year ending June 30,1974 for grants to
any public or nonprofit private agency, institution, or
organization to cover part of the cost (including equity
requirements and amortization of loans on facilities acquired
from the Office of Ecnomic Opportunity or construction in
connection with any program or project transferred from the
Office of Economic Opportunity) of (1) providing services
(including related training) to meet health needs of limited
geographic scope or of specialized regional or national
significance, or (2) developing and supporting for an initial
period new programs of health services (including related
training). Any grant made under this subsection may be made
only if the application for such grant has been referred for review
and comment to the appropriate areawide health planning
agency or agencies (or, if there is no such agency in the area, then
to such other public or nonprofit private agency or organization
(if any) which performs similar functions) and only if the services
assisted under such grant will be provided in accordance with
such plans as have been developed pursuant to subsection (a) of
this section. No grant may be made under this subsection for the
fiscal year ending June 30, 1974, to cover the cost of services
described in clause (1) or (2) of the first sentence if a grant or
contract to cover the cost of such services may be made or
entered into from funds authorized to be appropriated for such
fiscal year under an authorization of appropriations in any M
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provision of this chapter (other than this subsection) amended by
Title I of the Health Programs Extension Act of 1973.
Repeal
Subsec. (f) of this section repealed (less applicability to
commissioned officers of the Public Health Service) by Pub.L.
91-648, Title IV, §§ 403, 404, Jan. 5, 1971, 84 Stat. 1925, effective
sixty days after Jan. 5, 1971.
Interchange of personnel with States
(f) (1) For the purposes of this subsection, the term "State"
means a State or a political subdivision of a State or any agency
of either of the foregoing engaged in any activities related to
health or designated or established pursuant to subparagraph
(A) of paragraph (2) of subsection (a) of this section; the term
"Secretary" means (except when used in paragraph (3) (D) the
Secretary of Health, Education, and Welfare; and the term
"Department" means the Department of Health, Education, and
Welfare.
(2) The Secretary is authorized, through agreements or
otherwise, to arrange for assignment to States of officers and
employees of the States to the Department and assignment to
States of officers and employees in the Department engaged in
work related to health, for work which the Secretary determines
will aid the Department in more effective discharge of its
responsibilities in the field of health as authorized by law,
including cooperation with States and the provision of technical
or other assistance. The period of assignment of any officer or
employee under an arrangement shall not exceed two years.
(3) (A) Officers and employees in the Department assigned
to any State pursuant to this subsection shall be considered,
during such assignment, to be (i) on detail to a regular work
assignment in the Department, or (ii) on leave without pay from
their positions in the Department.
(B) Persons considered to be so detailed shall remain as
officers or employees, as the case may be, in the Department for
all purposes, except that the supervision of their duties during
the period of detail may be governed by agreement between the
Department and the State involved.
(C) In the case of persons so assigned and on leave without
pay—
(i) if the rate of compensation (including allowances) for
their employment by the State is less than the rate of
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compensation (including allowances) they would be receiving
had they continued in their regular assignment in the
Department, they may receive supplemental salary payments
from the Department in the amount considered by the II
Secretary to be justified, but not at a rate in excess of the •
difference between the State rate and the Department rate;
and ••
(ii) they may be granted annual leave and sick leave to the WM
extent authorized by law, but only in circumstances
considered by the Secretary to justify approval of such leave. mm
Such officers and employees on leave without pay shall, •
notwithstanding any other provision of law, be entitled— ™
(iii) to continuation of their insurance under the Federal
Employees' Group Life Insurance Act of 1954, and coverage •
under the Federal Employees Health Benefits Act of 1959, so ||
long as the Department continues to collect the employee's
contribution from the officer or employee involved and t'o mm
transmit for timely deposit into the funds created under such •
Acts the amount of the employee's contributions and the
Government's contribution from appropriations of the
Department; and mm
(iv) (I) in the case of commissioned officers of the Service, •
to have their service during their assignment treated as
provided in section 215(d) of this title for such officers on
leave without pay, or (II) in the case of other officers and
employees in the Department, to credit the period of their
assignment under the arrangement under this subsection
toward periodic or longevity step increases and for retention
and leave accrual purposes, and, upon payment into the civil
service retirement and disability fund of the percentage of
their State salary, and of their supplemental salary payments,
if any, which would have been deducted from a like Federal
salary for the period of such assignment and payment by the
Secretary into such fund of the amount which would have been
•payable by him during the period of such assignment with
respect to a like Federal salary, to treat (notwithstanding the
provisions of the Independent Offices Appropriation Act, 1959,
under the head "Civil Service Retirement and Disability
Fund") their service during such period, as service within the
meaning of the Civil Service Retirement Act;
except that no officer or employee or his beneficiary may receive WM
any benefits under the Civil Service Retirement Act, the Federal •
Employees Health Benefits Act of 1959, or the Federal
Employees' Group Life Insurance Act of 1954, based on service mm
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during an assignment hereunder for which the officer or
employee or (if he dies without making such election) his
beneficiary elects to receive benefits, under any State
retirement or insurance law or program, which the Civil Service
Commission determines to be similar. The Department shall
deposit currently in the funds created under the Federal
Employees' Group Life Insurance Act of 1954, the Federal
Employees Health Benefits Act of 1959, and the civil service
retirement and disability fund, respectively, the amount of the
Government's contribution under these Acts on account of
service with respect to which employee contributions are
collected as provided in subparagraph (iii) and the amount of the
Government's contribution under the Civil Service Retirement
Act on account of service with respect to which payments (of the
amount which would have been deducted under that Act)
referred to in subparagraph (iv) are made to such civil service
retirement and disability fund.
(D) Any such officer or employee on leave without pay (other
than a commissioned officer of the Service) who suffers disability
or death as a result of personal injury sustained while in the
performance of his duty during an assignment hereunder, shall
be treated, for the purposes of the Federal Employees'
Compensation Act, as though he were an employee, as defined in
such Act, who had sustained such injury in the performance of
duty. When such person (or his dependents, in case of death)
entitled by reason of injury or death to benefits under that Act is
also entitled to benefits from a State for the same injury or
death, he (or his dependents in case of death) shall elect which
benefits he will receive. Such election shall be made within one
year after the injury or death, or such further time as the
Secretary of Labor may for good cause allow, and when made
shall be irrevocable unless otherwise provided by law.
(4) Assignment of any officer or employee in the Department
to a State under this subsection may be made with or without
reimbursement by the State for the compensation (or
supplementary compensation), travel and transportation
expenses (to or from the place of assignment), and allowances, or
any part thereof, of such officer or employee during the period of
assignment, and any such reimbursement shall be credited to
the appropriation utilized for paying such compensation, travel
or transportation expenses, or allowances.
(5) Appropriations to the Department shall be available, in
accordance with the standardized Government travel
regulations or, with respect to commissioned officers of the
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Service, the joint travel regulations, for the expenses of travel of
officers and employees assigned to States under an arrangement
under this subsection on either a detail or leave-without-pay
basis and, in accordance with applicable law, orders, and
regulations, for expenses of transportation of their immediate
families and expenses of transportation of their household goods
and personal effects, in connection with the travel of such
officers and employees to the location of their posts of
assignment and their return to their official stations.
(6) Officers and employees of States who are assigned to the
Department under an arrangement under this subsection may
(A) be given appointments in the Department covering the
periods of such assignments, or (B) be considered to be on detail
to the Department. Appointments of persons so assigned may be
made without regard to the civil service laws. Persons so
appointed in the Department shall be paid at rates of
compensation determined in accordance with the Classification
Act of 1949, and shall not be considered to be officers or
employees of the Department for the purposes of (A) the Civil
Service Retirement Act, (B) the Federal Employees' Group Life
Insurance Act of 1954, or (C) unless their appointments result in
the loss of coverage in a group health benefits plan whose
premium has been paid in whole or in part by a State
contribution, the Federal Employees Health Benefits Act of
1959. State officers and employees who are assigned to the
Department without appointment shall not be considered to be
officers or employees of the Department, except as provided in
subsection (7), nor shall they be paid a salary or wage by the
Department during the period of their assignment. The
supervision of the duties of such persons during the assignment
may be governed by agreement between the Secretary and the
State involved.
(7) (A) Any State officer or employee who is assigned to the
Department without appointment shall nevertheless be subject
to the provisions of sections 203, 205, 207, 208, and 209, of Title 18.
(B) Any State officer or employee who is given an
appointment while assigned to the Department, or who is
assigned to the Department without appointment, under an
arrangement under this subsection, and who suffers disability or
death as a result of personal injury sustained while in the
performance of his duty during such assignment shall be
treated, for the purpose of the Federal Employees'
Compensation Act, as though he were an employee, as defined in
such Act, who had sustained such injury in the performance of M
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duty. When such person (or his dependents, in case of death)
entitled by reason of injury or death to benefits under that Act is
also entitled to benefits from a State for the same injury or
death, he (or his dependents, in case of death) shall elect which
benefits he will receive. Such election shall be made within one
year after the injury or death, or such further times as the
Secretary of Labor may for good cause allow, and when made
shall be irrevocable unless otherwise provided by law.
(8) The appropriations to the Department shall be available,
in accordance with the standardized Government travel
regulations, during the period of assignment and in the case of
travel to and from their places of assignment or appointment, for
the payment of expenses of travel of persons assigned to, or given
appointments by, the Department under an arrangement under
this subsection.
(9) All arrangements under this subsection for assignment of
officers or employees in the Department to States or for
assignment of officers or employees of States to the Department
shall be made in accordance with regulations of the Secretary.
Consultation with State authorities; failure to comply with statute or rules and
regulations; definitions
(g) (1) All regulations and amendments thereto with
respect to grants to States under subsection (a) of this section
shall be made after consultation with a conference of the State
health planning agencies designated or established pursuant to
subparagraph (A) and paragraph (2) of subsection (a) of this
section. All regulations and amendments thereto with respect to
grants to States under subsection (d) of this section shall be made
after consultation with a conference of State health authorities
and, in the case of regulations and amendments which relate to
or in any way affect grants for services or other activities in the
field of mental health, the State mental health authorities.
Insofar as practicable, the Secretary shall obtain the agreement,
prior to the issuance of such regulations or amendments, of the
State authorities or agencies with whom such consultation is
required.
(2) The Secretary, at the request of any recipient of a grant
under this section, may reduce the payments to such recipient by
the fair market value of any equipment or supplies furnished to
such recipient and by the amount of the pay, allowances,
traveling expenses, and any other costs in connection with the
detail of an officer or employee to the recipient when such
furnishing or such detail, as the case may be, is for the
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convenience of and at the request of such recipient and for the
purpose of carrying out the State plan or the project with respect
to which the grant under this section is made. The amount by
which such payments are so reduced shall be available for
payment of such costs (including the costs of such equipment and
supplies) by the Secretary, but shall, for purposes of determing
the Federal share under subsection (a) or (d) of this section, be
deemed to have been paid to the State.
(3) Whenever the Secretary, after reasonable notice and
opportunity for hearing to the health authority or, where
appropriate, the mental health authority of a State or a State
health planning agency designated or established pursuant to
subparagraph (A) of paragraph (2) of subsection (a) of this
section, finds that, with respect to money paid to the State out of
appropriations under subsection (a) or (d) of this section, there is
a failure to comply substantially with either—
(A) the applicable provisions of this section;
(B) the State plan submitted under such subsection; or
(C) applicable regulations under this section;
the Secretary shall notify such State health authority, mental
health authority, or health planning agency, as the case may be, •
that further payments will not be made to the State from ||
appropriations under such subsection (or in his discretion that
further payments will not be made to the State from such ••
appropriations for activities in which there is such failure), until H
he is satisfied that there will no longer be such failure. Until he is
so satisfied, the Secretary shall make no payment to such State
from appropriations under such subsection, or shall limit
payment to activities in which there is no such failure.
(4) For the purposes of this section—
(A) The term "nonprofit" as applied to any private agency,
institution, or organization means one which is a corporation
or association, or is owned and operated by one or more
corporations or associations, no part of the net earnings of
which inures, or may lawfully inure, to the benefit of any
private shareholder or individual; and
(B) The term "State" includes the Commonwealth of
Puerto Rico, Guam, American Samoa, the Trust of Territory of
the Pacific Islands, the Virgin Islands, and the District of
Columbia and the term "United States" means the fifty States
and the District of Columbia. ••
July 1,1944, c. 373, Title III, § 314,58 Stat. 693; July 3,1946, c. 538, •
§ 9, 60 Stat. 424; June 16,1948, c. 481, § 5,62 Stat. 468; 1953 Reorg.
Plan No. 1, §§ 5,8, eff. Apr. 11,1953,18 F.R. 2053,67 Stat. 631; Aug.
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1,1956, c. 852, § 18, 70 Stat. 910; July 22,1958, Pub.L. 85-544, § 1, 72
Stat. 400; Oct. 5,1961, Pub.L. 87-395, § 2(a)-(d), 75 Stat. 824; Sept.
25,1962, Pub.L. 87-688, § 4(a) (1), 76 Stat. 587; Aug. 5,1965, Pub.L.
89-109, § 4, 79 Stat. 436; Nov. 3, 1966, Pub.L. 89-749, § 3, 80 Stat.
1181; Dec. 5,1967, Pub.L. 90-174, §§ 2(a)-(f), 3(b) (2), 8(a), (b), 12(d),
81 Stat. 533-535, 540, 541.
As amended June 30, 1970, Pub.L. 91-296, Title I, § 111 (b), Title
IV, § 401(b) (1) (C), (D), 84 Stat. 340, 352, Oct. 27, 1970, Pub.L.
91-513, Title I, § 3(b), 84 Stat. 1241; Oct. 30, 1970, Pub.L. 91-515,
Title II, §§ 220, 230, 240, 250, 260(a), (b), (c) (1), 282, 84 Stat. 1304-
1306, 1308; and amended Dec. 31, 1970, Pub.L. 91-616, Title III,
§ 331, 84 Stat. 1853, as amended June 18,1973, Pub.L. 93-45, Title
I, § 106, 87 Stat. 92.
§ 247. Publication of health educational information
From time to time the Secretary shall issue information re-
lated to public health, in the form of publications or otherwise,
for the use of the public, and shall publish weekly reports of
health conditions in the United States and other countries and
other pertinent health information for the use of persons and
institutions engaged in work related to the functions of the Ser-
vice.
July 1, 1944, c. 373, Title III, § 315, 58 Stat. 695, amended Oct. 30,
1970, Pub.L. 91-515, Title II, § 282, 84 Stat. 1308.
* U.S. GOVERNMENT PRINTING OFFICE: 1974 0—550-3%
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ADVERTISEMENTS FOR PROPOSALS FOR PURCHASES
AND CONTRACTS FOR SUPPLIES OR SERVICES FOR
GOVERNMENT DEPARTMENTS; APPLICATION TO
GOVERNMENT SALES AND CONTRACTS TO SELL AND
TO GOVERNMENT CORPORATIONS
41 § 5.
Unless otherwise provided in the appropriation concerned or
other law, purchases and contracts for supplies or services for the
Government may be made or entered into only after advertising a
sufficient time previously for proposals, except (1) when the
amount involved in any one case does not exceed $2,500, (2) when
the public exigencies require the immediate delivery of the articles
or performance of the service, (3) when only one source of supply
is available and the Government purchasing or contracting officer
shall so certify, or (4) when the services are required to be per-
formed by the contractor in person and are (A) of a technical
and professional nature or (B) under Government supervision and
paid for on a time basis. Except (1) as authorized by section 1638
of Appendix to Title 50, (2) when otherwise authorized by law,
or (3) when the reasonable value involved in any one case does
not exceed $500, sales and contracts of sale by the Government
shall be governed by the requirements of this section for adver-
tising.
In the case of wholly owned Government corporations, this sec-
tion shall apply to their administrative transactions only. R.S.
§ 3709; Aug. 2, 1946, c. 744, § 9(a), (c), 60 Stat. 809; June 30,
1949, c. 288, Title VI, § 602 (f), formerly Title V, § 502 (e), 63
Stat. 400, renumbered Sept. 5, 1950, c. 849, §§ 6(a), (b), 8(c), 64
Stat. 583; Aug. 28, 1958, Pub.L. 85-800, § 7, 72 Stat. 967.
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THE RESEARCH AND DEVELOPMENT ACT
§ 2353. Contracts: acquisition, construction, or furnishing of
test facilities and equipment
(a) A contract of a military department for research or devel-
opment, or both, may provide for the acquisition or construction
by, or furnishing to, the contractor, of research, developmental,
or test facilities and equipment that the Secretary of the military
department concerned determines to be necessary for the per-
formance of the contract. The facilities and equipment, and spe-
cialized housing for them, may be acquired or constructed at the
expense of the United States, and may be lent or leased to the
contractor with or without reimbursement, or may be sold to him
at fair value. This subsection does not authorize new construction
or improvements having general utility.
(b) Facilities that would not be readily removable or separable
without unreasonable expense or unreasonable loss of value may
not be installed or constructed under this section on property not
owned by the United States, unless the contract contains—
(1) a provision for reimbursing the United States for the
fair value of the facilities at the completion or termination
of the contract or within a reasonable time thereafter;
(2) an option in the United States to acquire the under-
lying land; or
(3) an alternative provision that the Secretary concerned
considers to be adequate to protect the interests of the United
States in the facilities.
(c) Proceeds of sales or reimbursements under this section
shall be paid into the Treasury as miscellaneous receipts, except
to the extent otherwise authorized by law with respect to property
acquired by the contractor. Aug. 10, 1956, c. 1041, 70A Stat. 134.
§ 2354. Contracts: indemnification provisions
(a) With the approval of the Secretary of the military depart-
ment concerned, any contract of a military department for
research or development, or both, may provide that the United
States will indemnify the contractor against either or both of the
following, but only to the extent that they arise out of the direct
performance of the contract and to the extent not compensated by
insurance or otherwise:
(1) Claims (including reasonable expenses of litigation or
settlement) by third persons, including employees of the
contractor, for death, bodily injury, or loss of or damage to
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10 § 2354 EPA CURRENT LAWS—RADIATION
property, from a risk that the contract defines as unusually
hazardous.
(2) Loss of or damage to property of the contractor from
a risk that the contract defines as unusually hazardous.
(b) A contract, made under subsection (a), that provides for
indemnification must also provide for—
(1) notice to the United States of any claim or suit against
the contractor for the death, bodily injury, or loss of or
damage to property; and
(2) control of or assistance in the defense by the United
States, at its election, of that suit or claim.
(c) No payment may be made under subsection (a) unless the
Secretary of the department concerned, or an officer or official of
his department designated by him, certifies that the amount is .
just and reasonable. •
(d) Upon approval by the Secretary concerned, payments under ™
subsection (a) may be made from—
(1) funds obligated for the performance of the contract H
concerned; •
(2) funds available for research or development, or both,
and not otherwise obligated; or M
(3) funds appropriated for those payments. Aug. 10, 1956, Hj
c. 1041, 70A Stat. 134.
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THE INTERNATIONAL HEALTH RESEARCH ACT
22 § 2101. Statement of purpose
It is the purpose of this chapter and section 242f of Title 42—
(1) to advance the status of the health sciences in the
United States and thereby the health of the American people
through co-operative endeavors with other countries in health
research, and research training; and
(2) to advance the international status of the health
sciences through cooperative enterprises in health research,
research planning, and research training.
Pub.L. 86-610, § 2, July 12, 1960, 74 Stat. 364.
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PER DIEM, TRAVEL, AND TRANSPORTATION EXPENSES;
EXPERTS AND CONSULTANTS; INDIVIDUALS SERV-
ING WITHOUT PAY
5 § 5703.
(a) For the purpose of this section, "appropriation" includes
funds made available by statute under section 849 of title 31.
(b) An individual employed intermittently in the Government
service as an expert or consultant and paid on a daily when-
actually-employed basis may be allowed travel expenses under
this subchapter while away from his home or regular place of
business, including a per diem allowance under this subchapter
while at his place of employment.
(c) An individual serving without pay or at $1 a year may be
allowed transportation expenses under this subchapter and a per
diem allowance under this section while en route and at his place
of service or employment away from his home or regular place
of business. Unless a higher rate is named in an appropriation
or other statute, the per diem allowance may not exceed—
(1) the rate of $25 for travel inside the continental United
States; and
(2) the rates established under section 5702 (a) of this
title for travel outside the continental United States.
(d) Under regulations prescribed under section 5707 of this
title, the head of the agency concerned may prescribe conditions
under which an individual to whom this section applies may be
reimbursed for the actual and necessary expenses of the trip, not
to exceed an amount named in the travel authorization, when the
maximum per diem allowance would be much less than these
expenses due to the unusual circumstances of the travel assign-
ment. The amount named in the travel authorization may not
exceed—
(1) $40 for each day in a travel status inside the con-
tinental United States; or
(2) the maximum per diem allowance plus $18 for each
day in a travel status outside the continental United States.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 499; amended Pub.L.
91-114, § 2, Nov. 10, 1969, 83 Stat. 190.
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THE SOLID WASTE DISPOSAL ACT
42 § 3254f. National disposal sites study for the storage and dis-
posal of hazardous wastes
The Secretary shall submit to the Congress no later than two
years after October 26, 1970, a comprehensive report and plan
for the creation of a system of national disposal sites for the
storage and disposal of hazardous wastes, including radioactive,
toxic chemical, biological, and other wastes which may endanger
public health or welfare. Such report shall include: (1) a list of
materials which should be subject to disposal in any such site;
(2) current methods of disposal of such materials; (3) recom-
mended methods of reduction, neutralization, recovery, or dis-
posal of such materials; (4) an inventory of possible sites includ-
ing existing land or water disposal sites operated or licensed by
Federal agencies; (5) an estimate of the cost of developing and
maintaining sites including consideration of means for distrib-
uting the short- and long-term costs of operating such sites
among the users thereof; and (6) such other information as may
be appropriate.
Pub.L. 89-272, Title II, § 212, as added Pub.L. 91-512, Title I,
§ 104 (b), Oct. 26, 1970, 84 Stat. 1233.
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NATIONAL ENVIRONMENTAL POLICY ACT
EPA CURRENT LAWS—RADIATION
1.8 National Environment Policy Act, 42 U.S.C. §§ 4332(2) (c),
4344(5) (1970).
| [See, "General 1.2", for text]
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EPA CURRENT LAWS—RADIATION
2. Executive Orders
2.1 E.O. 10831, Establishment of the Federal Radiation Council, Au-
gust 14, 1959, 24 Fed. Reg. 6669 (1959).
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EXECUTIVE ORDER 10831
Aug. 14, 1959, 24 Fed. Reg. 6669
ESTABLISHING THE FEDERAL RADIATION COUNCIL
By virtue of the authority vested in me as President of the
United States, it is hereby ordered as follows:
Section 1. (a) There is hereby established the Federal Radia-
tion Council (hereinafter referred to as the "Council").
(b) The Council shall be composed of the Secretary of Defense,
the Secretary of Commerce, the Secretary of Health, Education,
and Welfare, and the Chairman of the Atomic Energy Commis-
sion.
(c) The Chairman of the Council shall be designated by the
President, from time to time, from among the members of the
Council.
Section 2. The Council shall advise the President with respect
to radiation matters directly or indirectly affecting health, includ-
ing matters pertinent to the general guidance of executive agen-
cies by the President with respect to the development by such
agencies of criteria for the protection of humans against ionizing
radiation applicable to the affairs of the respective agencies. The
Council shall take steps designed to further the interagency coor-
dination of measures for protecting humans against ionizing
radiation.
Section 3. The Special Assistant to the President for Science
and Technology, or his representative, is authorized to attend
meetings of, to participate in the deliberations of, and to advise
with, the Council.
Section 4. For the purpose of effectuating this order, each
executive agency represented on the Council shall furnish neces-
sary assistance to the Council, in consonance with section 214 of
the act of May 3, 1945, 59 Stat. 134 (31 U.S.C. 691). Such assis-
tance may include detailing employees to the Council to perform
such duties consistent with the purposes of this order as the
Chairman of the Council may assign to them. Upon the request
of the Chairman of the Council, the heads of executive agencies
shall so far as practicable provide the Council information and
reports relating to matters within the cognizance of the Council.
Section 5. The Council may seek technical advice, in respect
of its functions, from any source it deems appropriate.
DWIGHT D. EISENHOWER
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EPA CURRENT LAWS—NOISE
1. Statutes
1.1 The Noise Pollution and Abatement Act of 1970, 42 U.S.C. §1858
etseq. (1970).
1.2 The Airport and Airways Development Act of 1970, 49 U.S.C.
§§1712(f),1716(c)(4), (e) (1970).
1.3 Federal Aid Highway Act, as amended, 23 U.S.C. §109(h), (i)
(1970).
1.4 The Noise Control Act of 1972, 42 U.S.C. §4001 et seq. (1972).
2. Executive Orders
[RESERVED]
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EPA CURRENT LAWS—NOISE
1. Statutes
1.1 The Noise Pollution and Abatement Act of 1970, 42 U.S.C. §1858
etaeq. (1970).
1.2 The Airport and Airways Development Act of 1970, 49 U.S.C.
§§1712(f),1716(c)(4), (e) (1970).
1.3 Federal Aid Highway Act, as amended, 23 U.S.C. §109(h), (i)
(1970).
1.4 The Noise Control Act of 1972, 42 U.S.C. §4001 et seq. (1972).
73 Rev.-327
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THE NOISE POLLUTION AND ABATEMENT ACT OF 1970
• 42 § 1858. Office of Noise Abatement and Control; investigation
and study of noise and its effects on the public health and welfare;
report and recommendations by December 31, 1971
• (a) The Administrator shall establish within the Environ-
mental Protection Agency an Office of Noise Abatement and Con-
trol, and shall carry out through such Office a full and complete
investigation and study of noise and its effect on the public health
• and welfare in order to (1) identify and classify causes and
•i sources of noise, and (2) determine—
(A) effects at various levels;
|(B) projected growth of noise levels in urban areas
through the year 2000;
(C) the psychological and physiological effect on humans;
|(D) effects of sporadic extreme noise (such as jet noise
near airports) as compared with constant noise;
(E) effect on wildlife and property (including values);
(F) effect of sonic booms on property (including values);
and
(G) such other matters as may be of interest in the public
welfare.
|(b) In conducting such investigation, the Administration shall
hold public hearings, conduct research, experiments, demonstra-
tions, and studies. The Administrator shall report the results of
• such investigation and study, together with his recommendations
for legislation or other action, to the President and the Congress
not later than one year after December 31, 1970.
(c) In any case where any Federal department or agency is
carrying out or sponsoring any activity resulting in noise which
the Administrator determines amounts to a public nuisance or is
otherwise objectionable, such department or agency shall consult
• with the Administrator to determine possible means of abating
such noise.
July 14, 1955, c. 360, Title IV, § 402, as added Dec. 31, 1970,
•j Pub.L. 91-604, § 14, 84 Stat. 1709.
§ 1858a. Authorization of appropriations
There is authorized to be appropriated such amount, not to
exceed $30,000,000, as may be necessary for the purposes of this
subchapter.
July 14, 1955, c. 360, Title IV, § 403, as added Dec. 31, 1970,
Pub.L. 91-604, § 14, 84 Stat. 1710.
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AIRPORT AND AIRWAYS DEVELOPMENT ACT
EPA CURRENT LAWS—NOISE
1.2 Airport and Airways Development Act, 49 U.S.C. §§ 1712(f),
1716(c)(4), (e) (1970).
[See, "General 1.7", for text]
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EPA CURRENT LAWS—NOISE
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* 1.3 Federal Aid Highway Act, as amended, 23 U.S.C. § 109(h)
(1970).
• [See, "General 1.6", for text]
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THE NOISE CONTROL ACT OF 1972
Sec.
4901. Congressional findings and statement of policy.
4902. Definitions.
4903. Federal programs.
(a) Furtherance of Congressional policy.
(b) Presidential authority to exempt activities or facilities from
compliance requirements.
(c) Coordination of programs of Federal agencies; standards and
regulations; status reports.
4904. Identification of major noise sources.
(a) Development and publication of criteria.
(b) Compilation and publication of reports on noise sources and
control technology.
(c) Supplemental criteria and reports.
(d) Publication in Federal Register.
4905. Noise emission standards for products distributed in commerce.
(a) Proposed regulations.
(b) Authority to publish regulations not otherwise required.
(c) Contents of regulations; appropriate consideration of other
standards; participation by interested persons; revision.
(d) Warranty by manufacturer of conformity of product with
regulations; transfer of cost obligation from manufacturer to
dealer prohibited.
(e) State and local regulations.
4906. Aircraft noise standards.
4907. Labeling.
(a) Regulations.
(b) Manner of notice; form; methods and units of measurement.
(c) State regulation of product labeling.
4908. Imports.
4909. Prohibited acts.
4910. Enforcement.
(a) Criminal penalties.
(b) Separate violations.
(c) Actions to restrain violations.
(d) Orders issued to protect the public health and welfare; notice;
opportunity for hearing.
(e) "Person" denned.
4911. Citizen suits.
(a) Authority to commence suits.
(b) Notice.
(c) Intervention.
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4918. Authorization of appropriations. ^_
§ 4901. Congressional findings and statement of policy ™
(a) The Congress finds—
(1) that inadequately controlled noise presents a growing
danger to the health and welfare of the Nation's population,
particularly in urban areas;
(2) that the major sources of noise include transportation •
42 § 4901 EPA CURRENT LAWS—NOISE
Sec.
(d) Litigation costs.
(e) Other common law or statutory rights of action.
(f) "Notice control requirement" defined.
4912. Records, reports, and information.
(a) Duties of manufacturers of products.
(b) Confidential information; disclosure.
(c) Violations and penalties.
4913. Research, technical assistance, and public information.
4914. Development of low-noise-emission products.
(a) Definitions.
(b) Certification of products; Low-Noise-Emission Product Advisory
Committee.
(c) Federal procurement of low-noise-emission products.
(d) Product selection.
(e) Waiver of statutory price limitations.
(f) Tests of noise emissions from products purchased by Federal
Government.
(g) Authorization of appropriations.
(h) Promulgation of procedures.
4915. Judicial review.
(a) Petition for review.
(b) Additional evidence.
(c) Stay of agency action,
(d) Subpenas.
4916. Railroad noise emission standards.
(a) Regulations; standards; consultation with Secretary of Trans-
portation.
(b) Regulations to insure compliance with noise emission standards.
(c) State and local standards and controls.
(d) Definitions.
4917. Motor carrier noise emission standards.
(a) Regulations; standards; consultation with Secretary of Trans-
portation.
(b) Regulations to insure compliance with noise emission standards.
(c) State and local standards and controls.
(d) Definitions.
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NOISE CONTROL ACT 42 § 4901
vehicles and equipment, machinery, appliances, and other
products in commerce; and
(3) that, while primary responsibility for control of noise
rests with State and local governments, Federal action is es-
sential to deal with major noise sources in commerce control
of which require national uniformity of treatment.
(b) The Congress declares that it is the policy of the United
States to promote an environment for all Americans free from
noise that jeopardizes their health or welfare. To that end, it is
the purpose of this chapter to establish a means for effective
coordination of Federal research and activities in noise control, to
authorize the establishment of Federal noise emission standards
for products distributed in commerce, and to provide information
to the public respecting the noise emission and noise reduction
characteristics of such products.
Pub.L. 92-574, § 2, Oct. 27,1972, 86 Stat. 1234.
§ 4902. Definitions
For purposes of this chapter:
(1) The term "Administrator" means the Administrator of
the Environmental Protection Agency.
(2) The term "person" means an individual, corporation,
partnership, or association, and (except as provided in sec-
tions 4910 (e) and 4911 (a) of this title) includes any officer,
employee, department, agency, or instrumentality of the Un-
ited States, a State, or any political subdivision of a State.
(3) The term "product" means any manufactured article or
goods or component thereof; except that such term does not
include—
(A) any aircraft, aircraft engine, propeller, or appli-
ance, as such terms are defined in section 1301 of Title
40; or
(B) (i) any military weapons or equipment which are
designed for combat use; (ii) any rockets or equipment
which are designed for research, experimental, or devel-
opmental work to be performed by the National Aero-
nautics and Space Administration; or (iii) to the extent
provided by regulations of the Administrator, any other
machinery or equipment designed for use in experimen-
tal work done by or for the Federal Government.
(4) The term "ultimate purchaser" means the first person
who in good faith purchases a product for purposes other
than resale.
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42 § 4902 EPA CURRENT LAWS—NOISE
(5) The term "new product" means (A) a product the
equitable or legal title of which has never been transferred to
an ultimate purchaser, or (B) a product which is imported or
offered for importation into the United States and which is
manufactured after the effective date of a regulation under
section 4905 or 4907 of this title which would have been
applicable to such product had it been manufactured in the
United States.
(6) The term "manufacturer" means any person engaged
in the manufacturing or assembling of new products; or the
importing of new products for resale, or who acts for, and is
controlled by any such person in connection with the distribu-
tion of such products.
(7) The term "commerce" means trade, traffic, commerce,
or transportation—
(A) between a place in a State and any place outside
thereof, or
(B) which affects trade, traffic, commerce, or transpor-
tation described in subparagraph (A).
(8) The term "distribute in commerce" means sell in, offer
for sale in, or introduce or deliver for introduction into, com-
merce.
(9) The term "State" includes the District of Columbia, the ^
Commonwealth of Puerto Rico, the Virgin Islands, American •
Samoa, Guam, and the Trust Territory of the Pacific Islands.
(10) The term "Federal agency" means an executive
agency (as defined in section 105 of Title 5) and includes the II
United States Postal Service. H
(11) The term "environmental noise" means the intensity,
duration, and the character of sounds from all sources.
Pub.L. 92-574, § 3, Oct. 27,1972, 86 Stat. 1234.
§ 4903. Federal programs—Furtherance of Congressional _
policy •
(a) The Congress authorizes and directs that Federal agencies
shall, to the fullest extent consistent with their authority under
Federal laws administered by them, carry out the programs
within their control in such a manner as to further the policy
declared in section 4901 (b) of this title.
Presidential authority to exempt activities or facilities from
compliance requirements
(b) Each department, agency, or instrumentality of the execu- ^
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tive, legislative, and judicial branches of the Federal Govern-
ment—
(1) having jurisdiction over any property or facility, or
(2) engaged in any activity resulting, or which may result,
in the emission of noise,
shall comply with Federal, State, interstate, and local require-
ments respecting control and abatement of environmental noise to
the same extent that any person is subject to such requirements.
The President may exempt any single activity or facility, includ-
ing noise emission sources or classes thereof, of any department,
agency, or instrumentality in the executive branch from compli-
ance with any such requirement if he determines it to be in the
paramount interest of the United States to do so; except that no
exemption, other than for those products referred to in section
4902(3) (B) of this title, may be granted from the requirements
of sections 4905, 4916, and 4917 of this title. No such exemption
shall be granted due to lack of appropriation unless the President
shall have specifically requested such appropriation as a part of
the budgetary process and the Congress shall have failed to make
available such requested appropriation. Any exemption shall be
for a period not in excess of one year, but additional exemptions
may be granted for periods of not to exceed one year upon the
President's making a new determination. The President shall re-
port each January to the Congress all exemptions from the re-
quirements of this section granted during the preceding calendar
year, together with his reason for granting such exemption.
Coordination of programs of Federal agencies; standards and regulations;
status reports
(c) (1) The Administrator shall coordinate the programs of all
Federal agencies relating to noise research and noise control. Each
Federal agency shall, upon request, furnish to the Administrator
such information as he may reasonably require to determine the
nature, scope, and results of the noise-research and noise-control
programs of the agency.
(2) Each Federal agency shall consult with the Administrator
in prescribing standards or regulations respecting noise. If at any
time the Administrator has reason to believe that a standard or
regulation, or any proposed standard or regulation, of any Federal
agency respecting noise does not protect the public health and
welfare to the extent he believes to be required and feasible, he
may request such agency to review and report to him on the
advisability of revising such standard or regulation to provide
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42 § 4903 EPA CURRENT LAWS—NOISE
such protection. Any such request may be published in the Federal
Register and shall be accompanied by a detailed statement of the
information on which it is based. Such agency shall complete the
requested review and report to the Administrator within such
time as the Administrator specifies in the request, but such time
specified may not be less than ninety days from the date the
request was made. The report shall be published in the Federal •
Register and shall be accompanied by a detailed statement of the |§
findings and conclusions of the agency respecting the revision of
its standard or regulation. With respect to the Federal Aviation M
Administration, section 1431 of Title 40 shall apply in lieu of this •
paragraph.
(3) On the basis of regular consultation with appropriate Fed- ^_
eral agencies, the Administrator shall compile and publish, from •
time to time, a report on the status and progress of Federal activi- ™
ties relating to noise research and noise control. This report shall
describe the noise-control programs of each Federal agency and
assess the contributions of those programs to the Federal Govern-
ment's overall efforts to control noise.
Pub.L. 92-574, § 4, Oct. 27,1972, 86 Stat. 1235. •
§ 4904. Identification of major noise sources—Development and
publication of criteria —
(a) (1) The Administrator shall, after consultation with appro- •
priate Federal agencies and within nine months of October 27, ™
1972, develop and publish criteria with respect to noise. Such
criteria shall reflect the scientific knowledge most useful in indi- •
eating the kind and extent of all identifiable effects on the public •
health or welfare which may be expected from differing quantities
and qualities of noise.
(2) The Administrator shall, after consultation with appropri-
ate Federal agencies and within twelve months of October 27,
1972, publish information on the levels of environmental noise the
attainment and maintenance of which in defined areas under var-
ious conditions are requisite to protect the public health and wel-
fare with an adequate margin of safety.
Compilation and publication of reports on noise sources and control
technology
(b) The Administrator shall, after consultation with appropri- tm
ate Federal agencies, compile and publish a report or series of •
reports (1) identifying products (or classes of products) which in
his judgment are major sources of noise, and (2) giving informa- —
R ••
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NOISE CONTROL ACT 42 § 4904
tion on techniques for control of noise from such products, includ-
ing available data on the technology, costs, and alternative meth-
ods of noise control. The first such report shall be published not
later than eighteen months after October 27,1972.
Supplemental criteria and reports
(c) The Administrator shall from time to time review and, as
appropriate, revise or supplement any criteria or reports pub-
lished under this section.
Publication in Federal Register
(d) Any report (or revision thereof) under subsection (b) (1)
of this section identifying major noise sources shall be published
in the Federal Register. The publication or revision under this
section of any criteria or information on control techniques shall
be announced in the Federal Register, and copies shall be made
available to the general public.
Pub.L. 92-574, § 5, Oct. 27,1972, 86 Stat. 1236.
§ 4905. Noise emission standards for products distributed in
commerce—Proposed regulations
(a) (1) The Administrator shall publish proposed regulations,
meeting the requirements of subsection (c) of this section, for
each product—
(A) which is identified (or is part of a class identified) in
any report published under section 4904(b) (1) of this title
H as a major source of noise,
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(B) for which, in his judgment, noise emission standards
are feasible, and
(C) which falls in one of the following categories:
(i) Construction equipment.
(ii) Transportation equipment (including recreational
vehicles and related equipment).
(iii) Any motor or engine (including any equipment of
which an engine or motor is an integral part).
(iv) Electrical or electronic equipment.
(2) (A) Initial proposed regulations under paragraph (1) shall
be published not later than eighteen months after October 27,
1972, and shall apply to any product described in paragraph (1)
which is identified (or is a part of a class identified) as a major
source of noise in any report published under section 4904 (b) (1)
of this title on or before the date of publication of such initial
proposed regulations.
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Contents of regulations; appropriate consideration of other standards;
participation by interested persons; revision
shall include a noise emission standard which shall set limits on
noise emissions from such product and shall be a standard which
in the Administrator's judgment, based on criteria published
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42 § 4905 EPA CURRENT LAWS—NOISE
(B) In the case of any product described in paragraph (1) •
which is identified (or is part of a class identified) as a major
source of noise in a report published under section 4904 (b) (1) of mm
this title after publication of the initial proposed regulations H
under subparagraph (A) of this paragraph, regulations under
paragraph (1) for such product shall be proposed and published _
by the Administrator not later than eighteen months after such H
report is published. ^
(3) After proposed regulations respecting a product have been
published under paragraph (2), the Administrator shall, unless in •
his judgment noise emission standards are not feasible for such •
product, prescribe regulations, meeting the requirements of
subsection (c) of this section, for such product— •
(A) not earlier than six months after publication of such H
proposed regulations, and
(B) not later than—
(i) twenty-four months after October 27, 1972, in the
case of a product subject to proposed regulations pub-
lished under paragraph (2) (A), or
(ii) in the case of any other product, twenty-four
months after the publication of the report under section
4904(b) (1) of this title identifying it (or a class of
products of which it is a part) as a major source of
noise.
Authority to publish regulations not otherwise required
(b) The Administrator may publsh proposed regulations, meet-
ing the requirements of subsection (c) of this section, for any
product for which he is not required by subsection (a) of this «
section to prescribe regulations but for which, in his judgment, •
noise emission standards are feasible and are requisite to protect
the public health and welfare. Not earlier than six months after
the date of publication of such proposed regulations respecting H
such product, he may prescribe regulations, meeting the require- •
ments of subsection (c) of this section, for such product.
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(c) (1) Any regulation prescribed under subsection (a) or (b)
of this section (and any revision thereof) respecting a product H
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NOISE CONTROL ACT 42 § 4905
under section 4904 of this title, is requisite to protect the public
health and welfare, taking into account the magnitude and condi-
tions of use of such product (alone or in combination with other
noise sources), the degree of noise reduction achievable through
the application of the best available technology, and the cost of
compliance. In establishing such a standard for any product, the
Administrator shall give appropriate consideration to standards
under other laws designed to safeguard the health and welfare of
persons including any standards under the National Traffic and
Motor Vehicle Safety Act of 1966, the Clean Air Act, and the
Federal Water Pollution Control Act. Any such noise emission
standards shall be a performance standard. In addition, any regu-
lation under subsection (a) or (b) of this section (and any revi-
sion thereof) may contain testing procedures necessary to assure
compliance with the emission standard in such regulation, and
may contain provisions respecting instructions of the manufac-
turer for the maintenance, use, or repair of the product.
(2) After publication of any proposed regulations under this
section, the Administrator shall allow interested persons an oppor-
tunity to participate in rulemaking in accordance with the first
sentence of section 553(c) of Title 5.
(3) The Administrator may revise any regulation prescribed by
him under this section by (A) publication of proposed revised
regulations, and (B) the promulgation, not earlier than six
months after the date of such- publication, of regulations making
the revision; except that a revision which makes only technical or
clerical corrections in a regulation under this section may be pro-
mulgated earlier than six months after such date if the Adminis-
trator finds that such earlier promulgation is in the public inter-
est.
Warranty by manufacturer of conformity of product with regulations;
transfer of cost obligation from manufacturer to
dealer prohibited
(d) (1) On and after the effective date of any regulation pre-
scribed under subsection (a) or (b) of this section, the manufac-
turer of each new product to which such regulation applies shall
warrant to the ultimate purchaser and each subsequent purchaser
that such product is designed, built, and equipped so as to conform
at the time of sale with such regulation.
(2) Any cost obligation of any dealer incurred as a result of any
requirement imposed by paragraph (1) of this subsection shall be
borne by the manufacturer. The transfer of any such cost obliga-
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42 § 4905 EPA CURRENT LAWS—NOISE
tion from a manufacturer to any dealer through franchise or other
agreement is prohibited.
(3) If a manufacturer includes in any advertisement a state-
ment respecting the cost or value of noise emission control devices
or systems, such manufacturer shall set forth in such statement
the cost or value attributed to such devices or systems by the
Secretary of Labor (through the Bureau of Labor Statistics). The
Secretary of Labor, and his representatives, shall have the same
access for this purpose to the books, documents, papers, and rec-
ords of a manufacturer as the Comptroller General has to those of
a recipient of assistance for purposes of section 1857J of this title.
State and local regulations ^^
(e) (1) No State or political subdivision thereof may adopt or H
enforce—
(A) with respect to any new product for which a regula- —
tion has been prescribed by the Administrator under this •
section, any law or regulation which sets a limit on noise ™
emissions from such new product and which is not identical
to such regulation of the Administrator; or Hj
(B) with respect to any component incorporated into such •
new product by the manufacturer of such product, any law or
regulation setting a limit on noise emissions from such com-
ponent when so incorporated.
(2) Subject to sections 4916 and 4917 of this title, nothing in
this section precludes or denies the right of any State or political
subdivision thereof to establish and enforce controls on environ-
mental noise (or one or more sources thereof) through the licens-
ing, regulation, or restriction of the use, operation, or movement
of any product or combination of products.
Pub.L. 92-574, § 6, Oct. 27,1972, 86 Stat. 1237.
§ 4906. Aircraft noise standards
The Administrator, after consultation with appropriate Fed-
eral, State, and local agencies and interested persons, shall conduct
a study of the (1) adequacy of Federal Aviation Administration
flight and operational noise controls; (2) adequacy of noise emis-
sion standards on new and existing aircraft, together with recom-
mendations on the retrofitting and phaseout of existing aircraft;
(3) implications of identifying and achieving levels of cumulative •
noise exposure around airports; and (4) additional measures •
available to airport operators and local governments to control
aircraft noise. He shall report on such study to the Committee on ••
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NOISE CONTROL ACT 42 § 4906
Interstate and Foreign Commerce of the House of Representatives
and the Committees on Commerce and Public Works of the Senate
within nine months after October 27,1972.
Pub.L. 92-574, § 7(a), Oct. 27,1972, 86 Stat. 1239.
§ 4907. Labeling—Regulations
(a) The Administrator shall by regulation designate any prod-
uct (or class thereof)—
(1) which emits noise capable of adversely affecting the
public health or welfare; or
(2) which is sold wholly or in part on the basis of its
effectiveness in reducing noise.
Manner of notice; form; methods and units of measurement
(b) For each product (or class thereof) designated under
subsection (a) of this section the Administrator shall by regula-
tion require that notice be given to the prospective user of the
level of the noise the product emits, or of its effectiveness in
reducing noise, as the case may be. Such regulations shall specify
(1) whether such notice shall be affixed to the product or to the
outside of its container, or to both, at the time of its sale to the
ultimate purchaser or whether such notice shall be given to the
prospective user in some other manner, (2) the form of the notice,
and (3) the methods and units of measurement to be used. Section
4905(c) (2) of this title shall apply to the prescribing of any
regulation under this section.
State regulation of product labeling
(c) This section does not prevent any State or political subdivi-
sion thereof from regulating product labeling or information re-
specting products in any way not in conflict with regulations pre-
scribed by the Administrator under this section.
Pub.L. 92-574, § 8, Oct. 27,1972, 86 Stat. 1241.
§ 4908. Imports
The Secretary of the Treasury shall, in consultation with the
Administrator, issue regulations to carry out the provisions of
this chapter with respect to new products imported or offered for
importation.
Pub.L. 92-574, § 9, Oct. 27, 1972, 86 Stat. 1242.
§ 4909. Prohibited acts
(a) Except as otherwise provided in subsection (b) of this
section, the following acts or the causing thereof are prohibited:
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42 § 4909 EPA CURRENT LAWS—NOISE
(1) In the case of a manufacturer, to distribute in com- •
merce any new product manufactured after the effective date
of a regulation prescribed under section 4905 of this title mm
which is applicable to such product, except in conformity with H
such regulation.
(2) (A) The removal or rendering inoperative by any per-
son, other than for purposes of maintenance, repair, or re-
placement, of any device or element of design incorporated
into any product in compliance with regulations under section
4905 of this title, prior to its sale or delivery to the ultimate •
purchaser or while it is in use, or (B) the use of a product H
after such device or element of design has been removed or
rendered inoperative by any person.
(3) In the case of a manufacturer, to distribute in com-
merce any new product manufactured after the effective date
of a regulation prescribed under section 4907(b) of this title mm
(requiring information respecting noise) which is applicable •
to such product, except in conformity with such regulation.
(4) The removal by any person of any notice affixed to a ^
product or container pursuant to regulations prescribed •
under section 4907 (b) of this title, prior to sale of the prod- ™
uct to the ultimate purchaser.
(5) The importation into the United States by any person H
of any new product in violation of a regulation prescribed •
under section 4908 of this title which is applicable to such
product. •
(6) The failure or refusal by any person to comply with ™
any requirement of section 4910(d) or 4912(a) of this title or
regulations prescribed under section 4912(a), 4916, or 4917
of this title.
(b) (1) For the purpose of research, investigations, studies,
demonstrations, or training, or for reasons of national security,
the Administrator may exempt for a specified period of time any
product, or class thereof, from paragraphs (1), (2), (3), and (5)
of subsection (a) of this section, upon such terms and conditions
as he may find necessary to protect the public health or welfare.
(2) Paragraphs (1), (2), (3), and (4) of subsection (a) of this
section shall not apply with respect to any product which is manu-
factured solely for use outside any State and which (and the
container of which) is labeled or otherwise marked to show that it
is manufactured solely for use outside any State; except that such
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NOISE CONTROL ACT 42 § 4909
paragraphs shall apply to such product if it is in fact distributed
in commerce for use in any State.
Pub.L. 92-574, § 10, Oct. 27,1972, 86 Stat. 1242.
§ 4910. Enforcement—Criminal penalties
(a) Any person who willfully or knowingly violates paragraph
(1), (3), (5), or (6) of subsection (a) of section 4909 of this title
shall be punished by a fine of not more than $25,000 per day of
violation, or by imprisonment for not more than one year, or by
both. If the conviction is for a violation committed after a first
conviction of such person under this subsection, punishment shall
be by a fine of not more than $50,000 per day of violation, or by
imprisonment for not more than two years, or by both.
Separate violations
(b) For the purpose of this section, each day of violation of any
paragraph of section 4900 (a) of this section shall constitute a
separate violation of that section.
Actions to restrain violations
(c) The district courts of the United States shall have jurisdic-
tion of actions brought by and in the name of the United States to
restrain any violations of section 4909 (a) of this title.
Orders issued to protect the public health and welfare; notice;
opportunity for hearing
(d) (1) Whenever any person is in violation of section 4909(a)
of this title, the Administrator may issue an order specifying such
relief as he determines is necessary to protect the public health
and welfare.
(2) Any order under this subsection shall be issued only after
notice and opportunity for a hearing in accordance with section
554 of Title 5.
"Person" defined
(e) The term "person," as used in this section, does not include
a department, agency, or instrumentality of the United States.
Pub.L. 92-574, § 11, Oct. 27,1972, 86 Stat. 1242.
§ 4911. Citizen suits—Authority to commence suits
(a) Except as provided in subsection (b) of this section, any
person (other than the United States) may commence a civil
action on his own behalf—
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42 § 4911 EPA CURRENT LAWS—NOISE
(1) against any person (including (A) the United States,
and (B) any other governmental instrumentality or agency to
the extent permitted by the eleventh amendment to the Con- mm
stitution) who is alleged to be in violation of any noise con- H
trol requirement (as denned in subsection (e) of this section),
(2) against— •
(A) the Administrator of the Environmental Protec-
tion Agency where there is alleged a failure of such Ad-
ministrator to perform any act or duty under this chap-
ter which is not discretionary with such Administrator,
or
(B) the Administrator of the Federal Aviation Admin-
istration where there is alleged a failure of such Admin-
istrator to perform any act or duty under section 1431 of
Title 49 which is not discretionary with such Adminis- ••
trator. J|
The district courts of the United States shall have jurisdiction,
without regard to the amount in controversy, to restrain such mm
person from violating such noise control requirement or to order •
such Administrator to perform such act or duty, as the case may
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Notice WM
(b) No action may be commenced—
(1) under subsection (a) (1) of this section—
(A) prior to sixty days after the plaintiff has given
notice of the violation (i) to the Administrator of the
Environmental Protection Agency (and to the Federal
Aviation Administrator in the case of a violation of a
noise control requirement under such section 1431 of
Title 49) and (ii) to any alleged violator of such require-
ment, or
(B) if an Administrator has commenced and is dili-
gently prosecuting a civil action to require compliance
with the noise control requirement, but in any such
action in a court of the United States any person may
intervene as a matter of right, or
(2) under subsection (a) (2) of this section prior to sixty
days after the plaintiff has given notice to the defendant that
he will commence such action.
Notice under this subsection shall be given in such manner as the
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NOISE CONTROL ACT 42 § 4911
Administrator of the Environmental Protection Agency shall pre-
scribe by regulation.
Intervention
(c) In an action under this section, the Administrator of the
Environmental Protection Agency, if not a party, may intervene
as a matter of right. In an action under this section respecting a
noise control requirement under section 1431 of Title 49, the Ad-
ministrator of the Federal Aviation Administration, if not a
party, may also intervene as a matter of right.
Litigation costs
(d) The court, in issuing any final order in any action brought
pursuant to subsection (a) of this section, may award costs of
litigation (including reasonable attorney and expert witness fees)
to any party, whenever the court determines such an award is
appropriate.
Other common law or statutory rights of action
(e) Nothing in this section shall restrict any right which any
person (or class of persons) may have under any statute or
common law to seek enforcement of any noise control requirement
or to seek any other relief (including relief against an Adminis-
trator).
"Noise control requirement" defined
(f) For purposes of this section, the term "noise control re-
quirement" means paragraph (1), (2), (3), (4), or (5) of section
4909 (a) of this title, or a standard, rule, or regulation issued
under section 4916 or 4917 of this title or under section 1431 of
Title 49.
Pub.L. 92-574, § 12, Oct. 27, 1972, 86 Stat. 1243.
§ 4912. Records, reports, and information—Duties of manufac-
turers of products
(a) Each manufacturer of a product to which regulations under
section 4905 or 4907 of this title apply shall—
(1) establish and maintain such records, make such re-
ports, provide such information, and make such tests, as the
Administrator may reasonably require to enable him to deter-
mine whether such manufacturer has acted or is acting in
compliance with this chapter,
(2) upon request of an officer or employee duly designated
by the Administrator, permit such officer or employee at rea-
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42 § 4912 EPA CURRENT LAWS—NOISE
sonable times to have access to such information and the
results of such tests and to copy such records, and
(3) to the extent required by regulations of the Adminis-
trator, make products coming off the assembly line or other-
wise in the hands of the manufacturer available for testing by
the Administrator.
Confidential information; disclosure
(b) (1) All information obtained by the Administrator or his
representatives pursuant to subsection (a) of this section, which ••
information contains or relates to a trade secret or other matter H
referred to in section 1905 of Title 18, shall be considered confi-
dential for the purpose of that section, except that such informa- ^
tion may be disclosed to other Federal officers or employees, in H
whose possession it shall remain confidential, or when relevant to ™
the matter in controversy in any proceeding under this chapter.
(2) Nothing in this subsection shall authorize the withholding H
of information by the Administrator, or by any officers or employ- •
ees under his control, from the duly authorized committees of the
Congress. tm
Violations and penalties •!
(c) Any person who knowingly makes any false statement, rep-
resentation, or certification in any application, record, report,
plan, or other document filed or required to be maintained under
this chapter or who falsifies, tampers with, or knowingly renders
inaccurate any monitoring device or method required to be main- ••
tained under this chapter, shall upon conviction be punished by a H
fine of not more than $10,000, or by imprisonment for not more
than six months, or by both.
Pub.L. 92-574, § 13, Oct. 27,1972, 86 Stat. 1244. •
§ 4913. Research, technical assistance, and public information
In furtherance of his responsibilities under this chapter and to ••
complement, as necessary, the noise-research programs of other Hj
Federal agencies, the Administrator is authorized to:
(1) conduct research, and finance research by contract with
any person, on the effects, measurement, and control of noise,
including but not limited to—
(A) investigation of the psychological and physiologi-
cal effects of noise on humans and the effects of noise on II
domestic animals, wildlife, and property, and determina- •§
tion of acceptable levels of noise on the basis of such
effects; jjt
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NOISE CONTROL ACT 42 § 4913
(B) development of improved methods and standards
for measurement and monitoring of noise, in cooperation
with the National Bureau of Standards, Department of
Commerce; and
(C) determination of the most effective and practica-
ble means of controlling noise emission.
(2) Provide technical assistance to State and local govern-
ments to facilitate their development and enforcement of am-
bient noise standards, including but not limited to—
(A) advice on training of noise-control personnel and
on selection and operation of noise-abatement equip-
ment ; and
(B) preparation of model State or local legislation for
noise control.
(3) Disseminate to the public information on the effects of
noise, acceptable noise levels, and techniques for noise meas-
urement and control.
Pub.L. 92-574, § 14, Oct. 27, 1972, 86 Stat. 1244.
§ 4914. Development of low-noise-emission products—Defini-
tions
(a) For the purpose of this section:
(1) The term "Committee" means the Low-Noise-Emission
Product Advisory Committee.
(2) The term "Federal Government" includes the legisla-
tive, executive, and judicial branches of the Government of
the United States, and the government of the District of
Columbia.
(3) The term "low-noise-emission product" means any
product which emits noise in amounts significantly below the
levels specified in noise emission standards under regulations
applicable under section 4905 of this title at the time of pro-
curement to that type of product.
(4) The term "retail price" means (A) the maximum statu-
tory price applicable to any type of product; or (B) in any
case where there is no applicable maximum statutory price,
the most recent procurement price paid for any type of prod-
uct.
Certification of products; Low-Noise-Emission Product Advisory
Committee
(b) (1) The Administrator shall determine which products
qualify as low-noise-emission products in accordance with the pro-
visions of this section.
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(2) The Administrator shall certify any product— •
(A) for which a certification application has been filed in
accordance with paragraph (5) (A) of this subsection;
(B) which is a low-noise-emission product as determined •
by the Administrator; and ™
(C) which he determines is suitable for use as a substitute
for a type of product at that time in use by agencies of the •
Federal Government. "
(3) The Administrator may establish a Low-Noise-Emission
Product Advisory Committee to assist him in determining which H
products qualify as low-noise-emission products for purposes of Hi
this section. The Committee shall include the Administrator or his
designee, a representative of the National Bureau of Standards
and representatives of such other Federal agencies and private
individuals as the Administrator may deem necessary from time
to time. Any member of the Committee not employed on a full- •
time basis by the United States may receive the daily equivalent of •
the annual rate of basic pay in effect for grade GS-18 of the
General Schedule for each day such member is engaged upon work
of the Committee. Each member of the Committee shall be reim- •
bursed for travel expenses, including per diem in lieu of subsist- ™
ence as authorized by section 5703 of Title 5 for persons in the
Government service employed intermittently. •
(4) Certification under this section shall be effective for a pe- •
riod of one year from the date of issuance.
(5) (A) Any person seeking to have a class or model of product
certified under this section shall file a certification application in
accordance with regulations prescribed by the Administrator.
(B) The Administrator shall publish in the Federal Register a
notice of each application received.
(C) The Administrator shall make determinations for the pur-
pose of this section in accordance with procedures prescribed by •
him by regulation. •
(D) The Administrator shall conduct whatever investigation is
necessary, including actual inspection of the product at a place •
designated in regulations prescribed under subparagraph (A). H
(E) The Administrator shall receive and evaluate written com-
ments and documents from interested persons in support of, or in
opposition to, certification of the class or model of product under
consideration.
(F) Within ninety days after the receipt of a properly filed
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NOISE CONTROL ACT 42 § 4914
certification application the Administrator shall determine
whether such product is a low-noise-emission product for purposes
of this section. If the Administrator determines that such product
is a low-noise-emission product, then within one hundred and
eighty days of such determination the Administrator shall reach a
decision as to whether such product is a suitable substitute for
any class or classes of products presently being purchased by the
Federal Government for use by its agencies.
(G) Immediately upon making any determination or decision
under subparagraph (F), the Administrator shall publish in the
Federal Register notice of such determination or decision, includ-
ing reasons therefor.
Federal procurement of low-noise-emission products
(c) (1) Certified low-noise-emission products shall be acquired
by purchase or lease by the Federal Government for use by the
Federal Government in lieu of other products if the Administrator
of General Services determines that such certified products have
procurement costs which are no more than 125 per centum of the
retail price of the least expensive type of product for which they
are certified substitutes.
(2) Data relied upon by the Administrator in determining that
a product is a certified low-noise-emission product shall be incor-
porated in any contract for the procurement of such product.
Product selection
(d) The procuring agency shall be required to purchase availa-
ble certified low-noise-emission products which are eligible for
purchase to the extent they are available before purchasing any
other products for which any low-noise-emission product is a cer-
tified substitute. In making purchasing selections between compet-
ing eligible certified low-noise-emission products, the procuring
agency shall give priority to any class or model which does not
require extensive periodic maintenance to retain its low-noise-
emission qualities or which does not involve operating costs signifi-
cantly in excess of those products for which it is a certified substi-
tute.
Waiver of statutory price limitations
(e) For the purpose of procuring certified low-noise-emission
products any statutory price limitations shall be waived.
Tests of noise emissions from products purchased by
Federal Government
(f) The Administrator shall, from time to time as he deems
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42 § 4914 EPA CURRENT LAWS—NOISE
appropriate, test the emissions of noise from certified low-noise-
emission products purchased by the Federal Government. If at any
time he finds that the noise-emission levels exceed the levels on —,
which certification under this section was based, the Administra- •
tor shall give the supplier of such product written notice of this
finding, issue public notice of it, and give the supplier an opportu-
nity to make necessary repairs, adjustments, or replacements. If H
no such repairs, adjustments, or replacements are made within a ••
period to be set by the Administrator, he may order the supplier
to show cause why the product involved should be eligible for
recertification.
Authorization of appropriations
(g) There are authorized to be appropriated for paying addi-
tional amounts for products pursuant to, and for carrying out the
provisions of, this section, $1,000,000 for the fiscal year ending
June 30,1973, and $2,000,000 for each of the two succeeding fiscal
years.
Promulgation of procedures
(h) The Administrator shall promulgate the procedures re-
quired to implement this section within one hundred and eighty
days after October 27, 1972.
Pub.L. 92-574, § 15, Oct. 27,1972, 86 Stat. 1245.
§ 4915. Judicial review—Petition for review
(a) A petition for review of action of the Administrator of the
Environmental Protection Agency in promulgating any standard
or regulation under section 4905, 4916, or 4917 of this title or any
labeling regulation under section 4907 of this title may be filed
only in the United States Court of Appeals for the District of
Columbia Circuit, and a petition for review of action of the Ad-
ministrator of the Federal Aviation Administration in promulgat-
ing any standard or regulation under section 1431 of Title 49 may
be filed only in such court. Any such petition shall be filed within
ninety days from the date of such promulgation, or after such date
if such petition is based solely on grounds arising after such nine-
tieth day. Action of either Administrator with respect to which
review could have been obtained under this subsection shall not be
subject to judicial review in civil or criminal proceedings for
enforcement.
Additional evidence
(b) If a party seeking review under this chapter applies to the
court for leave to adduce additional evidence, and shows to the
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NOISE CONTROL ACT 42 § 4915
satisfaction of the court that the information is material and was
not available at the time of the proceeding before the Administra-
tor of such Agency or Administration (as the case may be), the
court may order such additional evidence (and evidence in rebut-
tal thereof) to be taken before such Administrator, and to be
adduced upon the hearing, in such manner and upon such terms
and conditions as the court may deem proper. Such Administrator
may modify his findings as to the facts, or make new findings, by
reason of the additional evidence so taken, and he shall file with
the court such modified or new findings, and his recommendation,
if any, for the modification or setting aside of his original order,
with the return of such additional evidence.
Stay of agency action
(c) With respect to relief pending review of an action by either
Administrator, no stay of an agency action may be granted unless
the reviewing court determines that the party seeking such stay is
(1) likely to prevail on the merits in the review proceeding and
(2) will suffer irreparable harm pending such proceeding.
Subpenas
(d) For the purpose of obtaining information to carry out this
chapter, the Administrator of the Environmental Protection
Agency may issue subpenas for the attendance and testimony of
witnesses and the production of relevant papers, books, and docu-
ments, and he may administer oaths. Witnesses summoned shall be
paid the same fees and mileage that are paid witnesses in the
courts of the United States. In cases of contumacy 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 application
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 before the Administrator, to appear and produce
papers, books, and documents before the Administrator, or both,
and any failure to obey such order of the court may be punished
by such court as a contempt thereof.
Pub.L. 92-574, § 16, Oct. 27,1972, 86 Stat. 1247.
§ 4916. Railroad noise emission standard—Regulations; stand-
ards; consultation with Secretary of Transportation
(a) (1) Within nine months after October 27, 1972, the Admin-
istrator shall publish proposed noise emission regulations for sur-
face carriers engaged in interstate commerce by railroad. Such
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proposed regulations shall include noise emission standards setting •
such limits on noise emissions resulting from operation of the
equipment and facilities of surface carriers engaged in interstate
commerce by railroad which reflect the degree of noise reduction
achievable through the application of the best available technol-
ogy, taking into account the cost of compliance. These regulations
shall be in addition to any regulations that may be proposed under
section 4905 of this title.
(2) Within ninety days after the publication of such regulations
as may be proposed under paragraph (1) of this subsection, and
subject to the provisions of section 4915 of this title, the Adminis-
trator shall promulgate final regulations. Such regulations may be
revised, from time to time, in accordance with this subsection.
(3) Any standard or regulation, or revision thereof, proposed
under this subsection shall be promulgated only after consultation
with the Secretary of Transportation in order to assure appropri-
ate consideration for safety and technological availability.
(4) Any regulation or revision thereof promulgated under this
subsection shall take effect after such period as the Administrator
finds necessary, after consultation with the Secretary of Transpor-
tation, to permit the development and application of the requisite
technology, giving appropriate consideration to the cost of compli-
ance within such period.
Regulations to insure compliance with noise emission standards
(b) The Secretary of Transportation, after consultation with
the Administrator, shall promulgate regulations to insure compli-
ance with all standards promulgated by the Administrator under
this section. The Secretary of Transportation shall carry out such
regulations through the use of his powers and duties of enforce-
ment and inspection authorized by the Safety Appliance Acts, the
Interstate Commerce Act, and the Department of Transportation
Act. Regulations promulgated under this section shall be subject
to the provisions of sections 4909, 4910, 4911, and 4915 of this
title.
State and local standards and controls
(c) (1) Subject to paragraph (2) but notwithstanding any
other provision of this chapter, after the effective date of a regula-
tion under this section applicable to noise emissions resulting from
the operation of any equipment or facility of a surface carrier
engaged in interstate commerce by railroad, no State or political
subdivision thereof may adopt or enforce any standard applicable
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NOISE CONTROL ACT 42 § 4916
to noise emissions resulting from the operation of the same equip-
ment or facility of such carrier unless such standard is identical to
a standard applicable to noise emissions resulting from such oper-
ation prescribed by any regulation under this section.
(2) Nothing in this section shall diminish or enhance the rights
of any State or political subdivision thereof to establish and en-
force standards or controls on levels of environmental noise, or to
control, license, regulate, or restrict the use, operation, or move-
ment of any product if the Administrator, after consultation with
the Secretary of Transportation, determines that such standard,
control, license, regulation, or restriction is necessitated by special
local conditions and is not in conflict with regulations promulgated
under this section.
Definitions
(d) The terms "carrier" and "railroad" as used in this section
shall have the same meaning as such terms have under section 23
of Title 45.
Pub.L. 92-574, § 17, Oct. 27, 1972, 86 Stat. 1248.
§ 4917. Motor carrier noise emission standards—Regulations;
standards; consultation with Secretary of Transportation
(a) (1) Within nine months after October 27, 1972, the Admin-
istrator shall publish proposed noise emission regulations for
motor carriers engaged in interstate commerce. Such proposed
regulations shall include noise emission standards setting such
limits on noise emissions resulting from operation of motor car-
riers engaged in interstate commerce which reflect the degree of
noise reduction achievable through the application of the best
available technology, taking into account the cost of compliance.
These regulations shall be in addition to any regulations that may
be proposed under section 4905 of this title.
(2) Within ninety days after the publication of such regulations
as may be proposed under paragraph (1) of this subsection, and
subject to the provisions of section 4915 of this title, the Adminis-
trator shall promulgate final regulations. Such regulations may be
revised from time to time, in accordance with this subsection.
(3) Any standard or regulation, or revision thereof, proposed
under this subsection shall be promulgated only after consultation
with the Secretary of Transportation in order to assure appropri-
ate consideration for safety and technological availability.
(4) Any regulation or revision thereof promulgated under this
subsection shall take effect after such period as the Administrator
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42 § 4917 EPA CURRENT LAWS—NOISE
finds necessary, after consultation with the Secretary of Transpor- j£
tation, to permit the development and application of the requisite
technology, giving appropriate consideration to the cost of compli- mm
ance within such period. •
Regulations to insure compliance with noise emission standards
(b) The Secretary of Transportation, after consultation with flj
the Administrator shall promulgate regulations to insure compli- •
ance with all standards promulgated by the Administrator under
this section. The Secretary of Transportation shall carry out such mm
regulations through the use of his powers and duties of enforce- mm
ment and inspection authorized by the Interstate Commerce Act
and the Department of Transportation Act. Regulations promul-
gated under this section shall be subject to the provisions of sec-
tions 4909, 4910, 4911, and 4915 of this title.
State and local standards and controls
(c) (1) Subject to paragraph (2) of this subsection but not-
withstanding any other provision of this chapter, after the effec-
tive date of a regulation under this section applicable to noise
emissions resulting from the operation of any motor carrier en-
gaged in interstate commerce, no State or political subdivision
thereof may adopt or enforce any standard applicable to the same _
operation of such motor carrier, unless such standard is identical WM
to a standard applicable to noise emissions resulting from such ™
operation prescribed by any regulation under this section.
(2) Nothing in this section shall diminish or enhance the rights •
of any State or political subdivision thereof to establish and en- WM
force standards or controls on levels of environmental noise, or to
control, license, regulate, or restrict the use, operation, or move-
ment of any product if the Administrator, after consultation with
the Secretary of Transportation, determines that such standard,
control, license, regulation, or restriction is necessitated by special mm
local conditions and is not in conflict with regulations promulgated •
under this section.
Definitions ••
(d) For purposes of this section, the term "motor carrier" in- WM
eludes a common carrier by motor vehicle, a contract carrier by
motor vehicle, and a private carrier of property by motor vehicle
as those terms are denned by paragraphs (14), (15), and (17) of
section 303 (a) of Title 49.
Pub.L. 92-574, § 18, Oct. 27,1972, 86 Stat. 1249. mm
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NOISE CONTROL ACT 42 § 4918
§ 4918. Authorization of appropriations
There is authorized to be appropriated to carry out this chapter
(other than section 4914 of this title) $3,000,000 for the fiscal year
ending June 30, 1973; $6,000,000 for the fiscal year ending June
30,1974; and $12,000,000 for the fiscal year ending June 30, 1975.
Pub.L. 92-574, § 19, Oct. 27,1972, 86 Stat. 1250.
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EPA CURRENT LAWS—NOISE
2. Executive Orders
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