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«81

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. I n addition, such State shall submit a statement from the attorney general (or the attorney for those State water pollution control 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 Admin- jif^^^g""^^''°"" istrator 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 301,302,306,307, and 403; " (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 308 of this Act, or " (B) To inspect, monitor, enter, and require reports to at least the same extent as required in section 308 of this Act; "(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; "(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 recommenda-, ..,.* tions together with its reasons for so doing; .-;i> - t-u "(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 306 if such source were discharging pollutants, (B) new introductions of pollutants into such works from a source which would be subject to section 301 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

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Page:United States Statutes at Large Volume 86.djvu/924

 882

State permit program, approval withdrawal.

Administrator, notification.

Waiver authority.

Point sources, categories.

PUBLIC LAW 92-500-OCT. 18, 1972

[86 STAT.

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 204(b), 307, and 308. " (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 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 304(h)(2) of this Act. 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 304(h)(2) of this Act. "(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, m writing, the reasons for such withdrawal. " (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 proposed to be issued by such State. "(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 writing to 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 Act. "(3) The Administrator may, as to any permit application, waive paragraph (2) of this subsection. "(e) I n accordance with guidelines promulgated pursuant to subsection (h)(2) of section 304 of this Act, the Administrator is 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. "(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. " (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,

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883

PUBLIC LAW 92-500-OCT. 18, 1972

establishing specifications for safe transportation, handling, carriage, storage, and stowage of pollutants. " (h) I n the event any condition of a permit for discharges from a treatment works (as defined in section 212 of this Act) which is jjublicly 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. "(i) Nothing in this section shall be construed to limit the authority of the Administrator to take action pursuant to section 309 of this Act. "(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. " (k) Compliance with a permit issued pursuant to this section shall be deemed compliance, for purposes of sections 309 and 505, with sections 301, 302, 306, 307, and 403, except any standard imposed under section 307 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 administrative disposition of such application has not been made, such discharge shall not be a violation of (1) section 301, 306, or 402 of this Act, or (2) section 13 of the Act of March 3, 1899, 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 the date of enactment of the Federal Water Pollution Control Act Amendments of 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 13 of the Act of March 3, 1899, the discharge by such source shall not be a violation of this Act if such a source applies for a permit for discharge pursuant to this section within such 180-day period.

Public information.

30 Stat. 1152. 33 USC 407.

Ante, p. 816.

"OCEAN DISCHARGE CRITERIA

"SEC. 403. (a) No permit under section 402 of this Act for a discharga 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 402 if the Administrator determines it to be in the public interest. "(b) The requirements of subsection (d) of section 402 of this Act 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 enactment of this Act (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; " (B) the effect of disposal of pollutants on marine life including the transfer, concentration, and dispersal of pollutants or their

Guidelines.

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Page:United States Statutes at Large Volume 86.djvu/926

 884

Prohibition.

PUBLIC LAW 92-500-OCT. 18, 1972

[86 STAT.

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 s i d e lines established pursuant to this subsection no permit shall be issued under section 402 of this Act. a PERMITS FOR DREDGED OR FILL MATERIAL

Notice, hearing opportunity.

Disposal site, specification prohibition.

Findings of Administrator, publication.

"SEC. 404. (a) The Secretary of the Army, acting through the Chief of Engineers, may issue permits, after notice and opportunity for public nearings 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 Anny (1) through the application of guidelines developed by the Administrator, in conjunction with the Secretary of the Army, which s i d e lines shall be based upon criteria comparable to the criteria applicable to the territorial seas, the contiguous zone, and the ocean under section 403(c), 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 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. 'DISPOSAL o r

SEWAGE SLUDGE

"SEC. 405. (a) Notwithstanding any other provision of this Act 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 212 of this Act (incfuding 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 m accordance with a permit issued by the Administrator under this section.

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PUBLIC LAW 92-500-OCT. 18, 1972

" (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 402 of this title, as the Administrator determines necessary to carry out the objective of this Act. "(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 Act.

885 Permit i s s u a n c e, regulations.

State permit program.

"TITLE V—GENERAL PROVISIONS U ADMINISTRATION

"SEC. 501. (a) The Administrator is authorized to prescribe such regulations as are necessary to carry out his functions under this Act. " (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 Act. "(c) Each recipient of financial assistance under this Act 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. " (d) The Administrator and the Comptroller General of the Ignited 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 Act. " (e)(1) I t 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 Act, 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 subdivision which qualifies for such recognition under regulations established under this subsection. "(3) The President of the laiited 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. "(f) Upon the request of a State water pollution control agency, personnel of the Environmental Protection Agency may be detailed to such agency for the purpose of carrying out the provisions of this Act.

Regulations.

Recordkeeping.

Audit.

Application, regulations.

Publication in Federal Register.

EPA personnel, detail to State agencies.

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Page:United States Statutes at Large Volume 86.djvu/928

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PUBLIC LAW 92-500-OCT. 18, 1972

[86 STAT.

"GENERAL DEFII^ITIONS

is usT 1606.

"SEC. 502. Except as otherwise specifically provided, when used in this Act: "(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 208 of this Act. "(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, 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 312 of this Act; 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 iiigh 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 oi 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.

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887

"(13) The term 'toxic pollutant' means those pollutants, or combinations of pollutants, including disease-causing agents, which after discharge and u{)on 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 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 characteristics 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 T)—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 radiological integrity of water. "WATER POLLUTION CONTROL ADVISORY BOARD

"SEC. 503. (a)(1) There is hereby established in the Environmental Jl^^^l^^"'^'^^' Protection Agency a Water Pollution Control Advisory Board, com- membership. posed 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 Act, 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 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

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Page:United States Statutes at Large Volume 86.djvu/930

 888

Compensation.

80 Stat. 499; 83 Stat. 190. 5 USC 5703, 5707 and notes.

PUBLIC LAW 92-500-OCT. 18, 1972

[86

STAT.

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 (5 U.S.C. 73b-2) 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 Act. "(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. "EMERGENCY POWERS

"SEC. 504. Notwithstanding any other provision of this Act, 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 suit on behalf of the United States in the appropriate district court to immediately restrain any person causing or 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. ii CITIZEN

u s e prec. title 1.

District court jurisdiction.

Notice and filing.

SUITS

"SEC. 505. (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 Act 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 failure of the Administrator to perform any act or duty under this Act which is not discretionary with the Administrator. The district courts shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to enforce 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 309(d) of this Act. "(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 alleged violation (i) to the Administrator, (ii) to the State in which the alleged 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 or criminal action in a court

ee - a? - n f-i.

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Page:United States Statutes at Large Volume 86.djvu/931

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PUBLIC LAW 92-500-OCT. 18, 1972

of the United States, or a State to require compliance \vith the 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. "(2) under subsection (a)(2) of this section prior to sixty 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 sections 306 and 307(a) of this Act. Notice under this subsection shall be given in such manner as the Administrator shall prescribe by regulation. "(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. " (d) The court, in issuing any final order in any action brought pursuant to this section, may aveard 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. "(e) Xothing 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). "(f) For purposes of this section, the term 'effluent standard or limitation under this Act' means (1) effective July 1, 1973, an unlawful act under subsection (a) of section 301 of this Act; (2) an effluent limitation or other limitation under section 301 or 302 of this Act; (3) standard of performance under section 306 of this Act; (4) prohibition, effluent standard or pretreatment standards under section 307 of this Act; (5) certification under section 401 of this Act; or (6) a permit or condition thereof issued under section 402 of this Act, which is in effect under this Act (including a requirement applicable by reason of section 313 of this Act). " (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) A Governor of a State may commence a civil action under subsection (a), 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 Act the violation 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. ((APPEARANCE "SEC. 506. The Administrator shall request the Attorney General to appear and represent the United States in any civil or criminal action instituted under this Act to which the Administrator 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.

Notice, regulation.

Litigation costs.

28 USC app.

g^g^^"];^^"^',. j. t\tU)nLnde^ tM^ Act."

'Citizen," State Governor, civil action.

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Page:United States Statutes at Large Volume 86.djvu/932

 890

PUBLIC LAW 92-500-OCT. 18, 1972 "EMPLOYEE

Review; hearing opportunity.

80 Stat. 384.

Judicial review.

Employment reduction, investigation.

[86 STAT.

PROTECTION

"SEC. 507. (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 Act, or has testified or is about to testify in any proceeding resulting from the administration or enforcement of the provisions of this Act. " (b) Any employee or a representative of employees who 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 of the United States Code. 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 Act. "(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. " (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 other limitaton under section 301 or 302 of this Act, standards of performance under section 306 of this Act, effluent standard, prohibition or pretreatment standard under section 307 of this Act, or any other prohibition or limitation established under this Act. "(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 Act, including, where appropriate, investigating threatened 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 Act, or any representative of such employee, may request the Administrator to conduct a full investigation of the matter. The Administra-

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PUBLIC LAW 92-500-OCT. 18, 1972

tor shall thereupon investigate the matter and, at the request of any party, shall hold public hearings on not less than five days notice, and shall at such hearings require the parties, including the emploj^er 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 other discrimination and the detailed reasons or •justification therefor. Any such hearing shall be of record and shall be subject to section 554 of title 5 of the United States Code. Upon receiving the report of such investigation, the Administrator shall make findings of fact as to 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 Act.

Public hearings

80 Stat. 384.

Information, availability.

u FEDERAL PROCUREMENT

"SEC. 508. (a) No Federal agency may enter into any contract with any person, who has been convicted of any offense under section 309 (c) of this Act, for the procurement of goods, materials, and services if such contract is to be performed at any facility at 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. " (b) The Administrator shall establish procedures to provide all Federal agencies with the notification necessary for the purposes of subsection (a) of this section. "(c) I n order to implement the purposes and policy of this Act to protect and enhance the quality of the Nation's water, the President shall, not more than one hundred and eighty days after enactment of this Act, 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 Act 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. " (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 Ignited States and he shall notify the Congress of such exemption. "(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.

Prohibition.

Implementation, Presidential order.

Exemption, notification to Congress.

Annual report to Congress.

"ADMINISTRATIVE PROCEDURE AND.JUDICIAL REVIEW

"SEC. 509. (a)(1) For purposes of obtaining information under section 305 of this Act, or carrying out section 507(e) of this Act, the Administrator may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, 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

Administrator, subpena power.

Trade secrets, protection.

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Page:United States Statutes at Large Volume 86.djvu/934

 892

62 Stat. 791,

Witnesses.

U.S. district courts, subpenas.

Judicial review.

Additional evidence; new findings.

PUBLIC LAW 92-500-OCT. 18, 1972

[86

STAT.

shall consider such record, report, or information or particular portion thereof confidential in accordance with the purposes of section 1905 of title 18 of the United States Code, except that such paper, book, document, or information may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this Act, or when relevant in any proceeding under this Act. 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 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. "(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 304(b) and (c) of this Act. 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) Eeview of the Administrator's action (A) in promulgating any standard of performance under section 306, (B) in making any determination pursuant to section 306(b)(1)(C), (C) in promulgating any effluent standard, prohibition, or treatment standard under section 307, (D) in making any determination as to a State permit program submitted under section 402(b), (E) in approving or promulgating any effluent limitation or other limitation under section 301, 302, or 306, and (F) in issuing or denying any permit under section 402, 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 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 m any civil or criminal proceeding for enforcement. "(c) I n any judicial proceeding brought under subsection (b) of this section in which review is sought of a determination under this Act 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 finding, and his recommendation, if any, for the modification or setting aside of his original determination, with the return of such additional evidence.

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Page:United States Statutes at Large Volume 86.djvu/935

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PUBLIC LAW 92-500-OGT. 18, 1972

893

"STATE AUTHORITY

"SEC. 510. Except as expressly provided in this Act, nothing in this Act 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 Act, 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 standard, prohibition, pretreatment standard, or standard of performance under this Act; 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. li

OTHER AFFECTED AUTHORITY

"SEC. 511. (a) This Act 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 Act; (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 (30 Stat. 1112); except that any permit issued under section 404 of this Act shall be conclusive as to the effect on water quality of any discharge resulting from any activity subject to section 10 of the Act of March 3, 1899, or (3) affecting or impairing the provisions of any 3o Stat. nsi. treaty of the United States. " "^"^ ^°'" (b) Discharges of pollutants into the navigable waters subject to the Rivers and Harbors Act of 1910 (36 Stat. 593; 33 U.S.C. 421) and the Supervisory Harbors Act of 1888 (25 Stat. 209; 33 U.S.C. 441^51b) shall be regulated pursuant to this Act, and not subject 72 Stat. 970. 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 201 of this Act, and the issuance of a permit under section 402 of this Act for the discharge of any ... 1 pollutant by a new source as defined in section 306 of this Act, no action of the Administrator taken pursuant to this Act 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 (83 Stat. 852); and _42 USC 4321 "(2) Nothing in the National Environmental Policy Act of 1969 note. (83 Stat. 852) 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 Act or the adequacy of any certification under section 401 of this Act; or " (B) authorize any such agency to impose, as a condition precedent to the issuance of any license or permit, any effluent limitation other than any such limitation established pursuant to this Act.

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98 prophets, the saints, and the most devout, which may be compared to a prospect in the clearest weather. Hence, when some one observed to the apostle of God, that Jesus (upon whom be peace!) walked upon the waters, he replied, that "if his faith had been greater, he would have walked in the air."

The view that can be taken by the heart of man, embraces all things that lie in the world of perception and understanding. Its sphere of action and exercise is the whole world. The ascent of man from the rank of beasts to that of angels, is an ascent where he is always exposed to danger and to destruction. He may, with the guidance of the divine guide, mount up to the highest heaven, or may descend through the deceits of Satan to the lowest hell. And the prophet has warned us of this danger in these words: "We have proposed to the heavens, to the earth and to the mountains to accept the deposit of the faith: they trembled to receive it. Man accepted the charge, but he became stupid and a wanderer in darkness."

Know, farther, that inanimate objects are the lowest in rank in the quantity and degree of happiness they obtain, and it is a happiness which knows no change. The place of beasts is in the lowest abyss and there is no path by which they can ascend out of it. The mansion of the angels is in the highest heavens where they ever continue in the same condition, there is neither abasement or ascent from their place. And God also says in his eternal word, "And what have we except for each one a certain and appointed habitation." The position of man is between the rank of angels, and that of animals, because he partakes of the qualities of both. No other rank except man accepted the deposit of the true faith, and indeed no

title: Page:Alchemyofhappiness en.djvu/106


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Page:United States Statutes at Large Volume 86.djvu/936

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PUBLIC LAW 92-500-OCT. 18, 1972

[86 STAT.

'SEPARABILITY

"SEC. 512. If any provision of this Act, or the application of any provision of this Act to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby. uLABOR

49 Stat. 1011; 78 Stat. 2 3 8. 64 Stat. 1267. 63 Stat. 108.

STANDARDS

"SEC. 513. 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 Act shall be paid wages at rates not less than those prevailing for the same type of work on similar construction in the immediate locality, as determined by the Secretary of Labor, in accordance with the Act of March 3, 1931, as amended, known as the Davis-Bacon Act (46 Stat. 1494; 40 TJ.S.C, sec. 276a through 276a-5). The Secretary of Labor shall have, with respect to the labor standards specified in this subsection, the authority and functions set forth in Keorganization Plan Numbered 14 of 1950 (15 F.R. 3176) and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c). "PUBLIC HEALTH AGENCY COORDINATION

"SEC. 514. The permitting agency under section 402 shall assist the applicant for a permit under such section in coordinating the requirements of this Act with those of the appropriate public health agencies. "EFFLUENT STANDARDS AND WATER QUALITY INFORMATION ADVISORY COMMITTEE Establishment; membership.

Term. Proposed regul a t i o n s, public hearing.

"SEC. 515. (a)(1) There is established on 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 the date of enactment of this Act. "(2) All members of the Committee shall be selected from the scientific community, qualified by education, training, and 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 years, and may be reappointed. " (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 304(b) of this Act, any proposed standard of performance for new sources required by section 306 of this Act, or any proposed toxic effluent standard required by section 307 of this Act, 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.

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Page:United States Statutes at Large Volume 86.djvu/937

 86 STAT. ]

PUBLIC LAW 92-500-OCT. 18, 1972

"(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. "(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 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 V of the United States Code. "(2) Members of the Committee shall be entitled to receive compensation at a rate to be fixed by the President but not in excess of the maximum rate of pay for grade G S - 1 8, ^ s provided in the General Schedule under section 5332 of title V of the United States Code. " (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 su.ch hearing to the entire Committee for its action thereon. "(e) The Committee is authorized to make such rules as are necessary for the orderly transaction of its business. REPORTS TO CONGRESS

"SEC. 516. (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 Act, on measures taken toward implementing the objective of this Act, including, but not limited to, (1) the progress and problems associated with developing comprehensive plans under section 102 of this Act, areawide plans under section 208 of this Act, basin plans under section 209 of this Act, and plans under section 303(e) of this Act: (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 such Act during the preceding year; (6) the status of State, interstate, and local pollution control programs established pursuant to, and assisted by, this Act; (7) a summary of the results of the survey required to be taken under section 210 of this Act; (8) his activities including recommendations under sections 109 through 111 of this Act; and (9) ail reports and recommendations made by the Water Pollution Control Advisory Board. "(b) The Administrator, in cooperation with the States, including water pollution control agencies and other water pollution control planning agencies, shall make (1) a detailed estimate of the cost of carrying out the provisions of this Act; (2) 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; (3) a comprehensive study of the economic impact on affected units of gov-

895

Secretary; legal counsel.

5 USC 5101, 5331.

Quorum.

Rules.

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Page:United States Statutes at Large Volume 86.djvu/938

 896

PUBLIC LAW 92-500-OCT. 18, 1972

[86 STAT.

ernment of the cost of installation of treatment facilities; and (4) 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 Act 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 furnisn copies of such estimate together with such detailed estimate to Congress. "GENERAL AUTHORIZATION

"SEC. 517. There are authorized to be appropriated to carry out this Act, other than sections 104, 105, 106(a), 107, 108, 112, 113, 114, 115, 206,207,208 (f) and (h), 209, 304, 311 (c), (d), (i), (l), and (k),314, 315, and 317, $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. "SHORT TITLE

"SEC. 518. This Act may be cited as the 'Federal Water Pollution Control Act'." AUTHORIZATIONS FOR FISCAL YEAR 197 2

33 USC n 55 ^

8oltal!\"248^' Ante, p. 48, ' 33 USC 1158.

Ante. p. 834.

SEC. 3. (a) There is authorized to be appropriated for the fiscal year ending June 30, 1972, and to exceed $11,000,000 for the purpose of carrying out section 5(n) (other than for salaries and related expenses) of the Federal Water Pollution Control Act as it existed immediately prior to the date of the enactment of the Federal Water Pollution Control Act Amendments of 1972. (b) There is hereby authorized to be appropriated for the fiscal year ending June 30, 1972, and to exceed $350,000,000 for the purpose of making grants under section 8 of the Federal Water Pollution Control Act as it existed immediately prior to the date of the enactment of the Federal Water Pollution Control Act Amendments of 1972. (c) The Federal share of all grants made under section 8 of the Federal Water Pollution Control Act as it existed immediately prior to the date of enactment of the Federal Water Pollution Control Act Amendments of 1972 from sums herein and heretofore authorized for the fiscal year ending June 30, 1972, shall be that authorized by section 202 of such Act as established by the Federal Water Pollution Coutrol Act Amendments of 1972. (d) Sums authorized by this section shall be in addition to any amounts heretofore authorized for such fiscal year for sections 5(n) and 8 of the Federal Water Pollution Control Act as it existed immediately prior to the date of enactment of the Federal Water Pollution Control Act Amendments of 1972. SAVINGS PROVISION

Ante, p. 816.

SEC. 4. (a) Xo suit, action, or other proceeding lawfully commenced by or against the Administrator or any other officer or employee of the United States in his official capacity or in relation to the discharge of his official duties under the Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act shall abate by reason of the taking effect of the amendment made by section 2 of this Act. The court may, on its own motion or that of any party

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Page:United States Statutes at Large Volume 86.djvu/939

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PUBLIC LAW 92-500-OCT. 18, 1972

897

made at any time within twelve months after such taking effect, allow the same to be maintained by or against the Administrator or such officer or employee. (b) All rules, regulations, orders, determinations, contracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursuant to the Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act, o/str^'gi^'*' and pertaining to any functions, powers, requirements, and duties 33 USC 1151 under the Federal Water Pollution Control Act as in effect immedi- n°te. ately prior to the date of enactment of this Act, shall continue in full force and effect after the date of enactment of this Act until modified or rescinded in accordance with the Federal Water Pollution Control Act as amended by this Act. (c) The Federal Water Pollution Control Act as in effect immediately prior to the date of enactment of this Act shall remain applicable to all grants made from funds authorized for the fiscal year ending June 30, 1972, and prior fiscal years, including any increases in the monetary amount of any such grant which may be paid from authorizations for fiscal years beginning after June 30, 1972, except as specifically otherwise provided in section 202 of the Federal Water Pollution Control Act as amended by this Act and in subsection (c) ^"'e* P- S^'*of section 3 of this Act. OVERSIGHT STUDY

SEC. 5. In order to assist the Congress in the conduct of oversight responsibilities the Comptroller General of the United States shall conduct a study and review of the research, pilot, and demonstration programs related to prevention and control of water pollution, including waste treatment and disposal techniques, which are conducted, supported, or assisted by any agency of the Federal Government pursuant to any Federal law or regulation and assess conflicts between, and the coordination and efficacy of, such programs, and make a report to the Congress thereon by October 1, 1973. INTERNATIONAL TRADE STUDY

SEC. 6. (a) The Secretary of Commerce, in cooperation with other interested Federal agencies and with representatives of industry and the public, shall undertake immediately an investigation and study to determine— (1) the extent to which pollution abatement and control programs will be imposed on, or voluntarily undertaken by. United States manufacturers in the near future and the probable shortand long-range effects of the costs of such programs (computed to the greatest extent practicable on an industry-by-industry basis) on (A) the production costs of such domestic manufacturers, and (B) the market prices of the goods produced by them; (2) the probable extent to which pollution abatement and control programs will be implemented in foreign industrial nations in the near future and the extent to which the production costs (computed to the greatest extent practicable on an industry-byindustry basis) of foreign manufacturers will be affected by the costs of such programs; (3) the probable competitive advantage which any article manufactured in a foreign nation will likely have in relation to a comparable article made in the United States if that foreign nation—

,f ^^""^^'° ^°"'

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Page:United States Statutes at Large Volume 86.djvu/940

 PUBLIC LAW 92-500-OCT. 18, 1972

898

Report to P r e s i d e n t and Congress.

[86

STAT.

(A) does not require its manufacturers to implement pollution abatement and control programs. (B) requires a lesser degree of pollution abatement and control in its programs, or (C) in any way reimburses or otherwise subsidizes its manufacturers for the costs of such program; (4) alternative means by which any competitive advantage accruing to the products of any foreign nation as a result of any factor described in paragraph (3) may be (A) accurately and quickly determined, and (B) equalized, for example, by the imposition of a surcharge or duty, on a foreign product in an amount necessary to compensate for such advantage; and (5) the impact, if any, which the imposition of a compensating tariff of other equalizing measure may have in encouraging foreign nations to implement pollution and abatement control programs. (b) The Secretary shall make an initial report to the President and Congress within six months after the date of enactment of this section of the results of the study and investigation carried out pursuant to this section and shall make additional reports thereafter at such times as he deems appropriate taking into account the development of relevant data, but not less than once every twelve months. INTERNATIONAL

AGREEMENTS

SEC. 7. The President shall undertake to enter into international agreements to apply uniform standards of performance for the control of the discharge and emission of pollutants from new sources, uniform controls over the discharge and emission of toxic pollutants, and uniform controls over the discharge of pollutants into the ocean. For this purpose the President shall negotiate multilateral treaties, conventions, resolutions, or other agreements, and formulate, present, or support proposals at the United Nations and other appropriate international forums. LOANS TO SMALL B U S I N E S S CONCERNS FOR WATER P O L L U T I O N CONTROL FACILITY 72 Stat. 387; 81 Stat. 268; Post, p. 1316. 15 USC 636.

Ante,

p. 816.

84 Stat. 1633.

SEC. 8. (a) Section 7 of the Small Business Act is amended by inserting at the end thereof a new subsection as follows: " (g)(1) The Administration also is empowered to make loans (either directly or in cooperation with banks or other lenders through agreements to participate on an immediate or deferred basis) to assist any small business concern in affecting additions to or alterations in the equipment, facilities (including the construction of pretreatment facilities and interceptor sewers), or methods of operation of such concern to meet water pollution control requirements established under the Federal Water Pollution Control Act, if the Administration determines that such concern is likely to suffer substantial economic injury without assistance under this subsection. "(2) Any such loan— " (A) shall be made in accordance with provisions applicable to loans made pursuant to subsection (b)(5) of this section, except as otherwise provided in this subsection; " (B) shall be made only if the applicant furnishes the Administration with a statement in writing from the Environmental Protection Agency or, if appropriate, the State, that such addi-

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Page:United States Statutes at Large Volume 86.djvu/941

 86 STAT. ]

899

PUBLIC LAW 92-500-OCT. 18, 1972

tions or alterations are necessary and adequate to comply with requirements established under the Federal Water Pollution Control Act. "(3) The Administrator of the Environmental Protection Agency shall, as soon as practicable after the date of enactment of the Federal Water Pollution Control Act Amendments of 1972 and not later than one hundred and eighty days thereafter, promulgate regulations establishing uniform rules for the issuance of statements for the purpose of paragraph (2)(B) of this subsection. "(4) There is authorized to be appropriated to the disaster loan fund established pursuant to section 4(c) of this Act not to exceed $800,000,000 solely for the purpose of carrying out this subsection." (b) Section 4(c)(1)(A) of the Small Business Act is amended by striking out "and 7(c)(2) " and inserting in lieu thereof "7(c)(2), and 7 (g) ".

Ante, p. 816. Regulations, promulgation.

Ante, 556.

p p. 382,

ENVIRONMENTAL COURT

SEC. 9. The President, acting through the Attorney General, shall make a full and complete investigation and study of the feasibility of establishing a separate court, or court system, having jurisdiction over environmental matters and shall report the results of such investigation and study together with his recommendations to Congress not later than one year after the date of enactment of this Art.

Report to Congress.

N A T I O N A L POLICIES A N D GOALS STUDY

SEC. 10. The President shall make a full and complete investigation and study of all of the national policies and goals established by law for the purpose of determining what the relationship should be between these policies and goals, taking into account the resources of the Nation. He shall report the results of such investigation and study together with his recommendations to Congress not later than two years after the date of enactment of this Act. There is authorized to be appropriated not to exceed $5,000,000 to carry out the purposes of this section.

Report to Congress.

Appropriation,

E F F I C I E N C Y STUDY

SEC. 11. The President shall conduct a full and complete investigation and study of ways and means of utilizing in the most effective manner all of the various resources, facilities, and personnel of the Federal Government in order most efficiently to carry out the objective of the Federal Water Pollution Control Act. He shall utilize in conducting such investigation and study, the General Accounting Office. He shall report the results of such investigation and study together with his recommendations to Congress not later than two hundred and seventy days after the date of enactment of this Act. ENVIRONMENTAL

Report to Congress.

FINANCING

SEC. 12. (a) This section may be cited as the "Environmental Financing Act of 1972". (b) There is hereby created a body corporate to be known as the Environmental Financing Authority, which shall have succession until dissolved by Act of Congress. The Authority shall be subject to the general supervision and direction of the Secretary of the Treasury. The Authority shall be an instrumentality of the United States Government and shall maintain such offices as may be necessary or approl^ri a te i n th e conduct of i ts business.

Citation of title. Environmental Financing Authority, establishment.

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Page:United States Statutes at Large Volume 86.djvu/942

 900

Board of Directors.

State or local obligations, purchase.

Ante, p. 816.

Appropriation.

Restriction.

Advances, interest.

PUBLIC LAW 92-500-OCT. 18, 1972

[86

STAT.

(c) The purpose of this section is to assure that inability to borrow necessary funds on reasonable terms does not prevent any State or local public body from carrying out any project for construction of waste treatment works determined eligible for assistance pursuant to subsection (e) of this section. (d)(1) The Authority shall have a Board of Directors consisting of five persons, one of whom shall be the Secretary of the Treasury or his designee as Chairman of the Board, and four of whom shall be appointed by the President from among the officers or employees of the Authority or of any department or agency of the United States (jovernment. (2) The Board of Directors shall meet at the call of its Chairman. The Board shall determine the general policies which shall govern the operations of the Authority. The Chairman of the Board shall select and effect the appointment of qualified persons to fill the offices as may be provided for in the bylaws, with such executive functions, powers, and duties as may be prescribed by the bylaws or by the Board of Directors, and such persons shall be the executive officers of the Authority and shall discharge all such executive functions, powers, and duties. The members of the Board, as such, shall not receive compensation for their services. (e)(1) LTntil July 1, 1975, the Authority is authorized to make commitments to purchase, and to purchase on terms and conditions determined by the Authority, any olbligation or participation therein which is issued by a State or local public body to finance the non-Federal share of the cost of any project for the construction of waste treatment works v.'hich the Administrator of the Environmental Protection Agency has determined to be eligible for Federal financial assistance under the Federal Water Pollution Control Act. (2) No commitment shall be entered into, and no purchase shall be made, unless the Administrator of the Environmental Protection Agency (A) has certified that the public body is unable to obtain on reasonable ter-ms sufficient credit to finance its actual needs; (B) has approved the project as eligible under the Federal Water Pollution C^ontrol Act; and (C) has agreed to guarantee timely payment of principal and interest on the obligation. The Administrator is authorized to guarantee such timely payments and to issue regulations as he deems necessary and proper to protect such guarantees. Appropriations are hereby authorized to be made to the Administrator in such sums as are necessary to make payments under such guarantees, and such payments are authorized to be made from such appropriations. (3) No purchase shall be made of obligations issued to finance projects, the permanent financing of which occurred prior to the enactment of this section. (4) Any purchase by the Authority shall be upon such terms and conditions as to yield a return at a rate determined by the Secretary of the Treasury taking into consideration (A) the current average yield on outstanding marketable obligations of the United States of comparable maturity or in its stead whenever the Authority has sufficient of its own long-term obligations outstanding, the current average yield on outstanding obligations of the Authority of comparable maturity; and (B) the market yields on municipal bonds. (5) The Authority is authorized to charge fees for its commitments and other services adequate to cover all expenses and to provide for the accumulation of reasonable contingency reserves and such fees shall be included in the aggregate project costs. (f) To provide initial capital to the Authority the Secretary of the Treasury is authorized to advance the funds necessary for this purpose. Each such advance shall be upon such terms and conditions

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Page:United States Statutes at Large Volume 86.djvu/943

 86 STAT. ]

PUBLIC LAW 92-500-OCT. 18, 1972

as to yield a return at a rate not less tlian a rate determined by the Secretary of the Treasury taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturities. Interest payments on such advances may be deferred, at the discretion of the Secretary, but any such deferred payments shall themselves bear interest at the rate specified in this section. There is authorized to be appropriated not to exceed $100,000,000, which shall be available for the purposes of this subsection. (g)(1) The Authority is authorized, with the approval of the Secretary of the Treasury, to issue and have outstanding obligations having such maturities and bearing such rate or rates of interest as may be determined by the Authority. Such obligations may be redeemable at the option of the Authority before maturity in such manner as may be stipulated therein. (2) As authorized in appropriation Acts, and such authorizations may be without fiscal year limitation, the Secretary of the Treasury may in his discretion purchase or agree to purchase any obligations issued pursuant to paragraph (1) of this subsection, and for such purpose the Secretary of the Treasury is authorized to use as a public debt transaction the proceeds of the sale of any securities hereafter issued under the Second Liberty Bond Act, as now or hereafter in force, and the purposes for which securities may be issued under the Second Liberty Bond Act as now or hereafter in force, are extended to include such purchases. Each purchase of obligations by the Secretary of the Treasury under this subsection shall be upon such terms and conditions as to yield a return at a rate not less than a rate determined by the Secretary of the Treasury, taking into consideration the current average yield on outstanding marketable obligations of the United States of comparable maturities. The Secretary of the Treasury may sell, upon such terms and conditions and at such price or prices as he shall determine, any of the obligations acquired by him under this paragraph. All purchases and sales by the Secretary of the Treasury or such obligations under this paragraph shall be treated as public debt transactions of the United States. (h) The Secretary of the Treasury is authorized and directed to make annual payments to the Authority in such amounts as are necessary to equal the amount by which the dollar amount of interest expense accrued by the Authority on account of its obligations exceeds the dollar amount of interest income accrued by the Authority on account of obligations purchased by it pursuant to subsection (e) of this section. (i) The Authority shall have p o w e r ^ (1) to sue and be sued, complain and defend, in its corporate name; (2) to adopt, alter, and use a corporate seal, which shall be judicially noticed; (3) to adopt, amend, and repeal bylaws, rules, and regulations as may be necessary for the conduct of its business; (4) to conduct its business, carry on its operations, and have offices and exercise the powers granted by this section in any State without regard to any qualification or similar statute in any State; (5) to lease, purchase, or otherwise acquire, own, hold, improve, use, or otherwise deal in and with any property, real, pereonal. or mixed, or any interest therein, wherever situated; (6) to accept gifts or donations of services, or of property, real, personal, or mixed, t a n ^ b l e or intangible, in aid of any of the purposes of the Authority:

901

Appropriation, Obligations, issuance.

40 Stat. 288. 31 USC 774.

Powers,

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Rh other had the qualities and capacities necessary for the acceptance of it. In accepting the deposit man became bound at the same time to accept the dangers and penalties connected with it.

The doctors of the law have not commented upon these topics to the people in general. But this is not to be wondered at, when we consider that the mass of the people regard themselves as fixed in their character and position, and not as pilgrims and travellers to a higher state. There is no possibility of unveiling the things of truth, to those who settle down without desiring to make any progress, and who are contented with the first stages and degrees of the sensible world and of the world of fancy. They can neither attain to a spiritual state, nor understand spiritual laws and precepts. We have ventured, however, to unveil a little of the mysteries, as a type of the knowledge belonging to the future state, so that men might be prepared to understand the questions and affairs relating to that state. But if we had entered into any farther developments, they would not have been able to understand us, for none but those who are endowed with penetration and experience can by any possibility understand the topics to which we have alluded.

There is a class of foolish people, O inquirer after the divine mysteries, who have neither capacity for knowledge, or sound judgment to be able to understand anything of themselves, and who have remained doubting and speculating about the nature of the future state, till they have become bewildered. Finally, as the lusts of the world harmonized with their natures, they have yielded to the whisperings of Satan, and deny that there is any future state. They pretend that the only need there is of speaking of heaven and hell, is for the sake of correcting and guiding the conduct of the people, and they regard as folly the course of those who follow the law and are constant in their devotions.

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Page:United States Statutes at Large Volume 86.djvu/944

 902

Tax exemption; exceptions.

Annual report to President and Congress.

59 Stat. 597.

Ante, p. 901.

PUBLIC LAW 92-500-OCT. 18, 1972

[86

STAT.

(7) to sell, convey, mortgage, pledge, lease, exchange, and otherwise dispose of its property and assets; (8) to appoint such officers, attorneys, employees, and agents as may be required, to define their duties, to fix and to pay such compensation for their services as may be determined, subject to the civil service and classification laws, to require bonds for them and pay the premium thereof; and (9) to enter into contracts, to execute instruments, to incur liabilities, and to do all things as are necessary or incidental to the proper management of its affairs and the proper conduct of its business. (j) The Authority, its property, its franchise, capital, reserves, surplus, security holdings, and other funds, and its income shall be exempt from all taxation now or hereafter imposed by the United States or by any State or local taxing authority; except that (A) any real property and any tangible personal property of the Authority shall be subject to Federal, State, and local taxation to the same extent according to its value as other such property is taxed, and (B) any and all obligations issued by the Authority shall be subject both as to principal and interest to Federal, State, and local taxation to the same extent as the obligations of private corporations are taxed. (k) All obligations issued by the Authority shall be lawful investments, and may be accepted as security for all fiduciary, trust, and public funds, the investment or deposit of which shall be under authority or control of the United States or of any officer or officers thereof. All obligations issued by the Authority pursuant to this section shall be deemed to be exempt securities within the meaning of laws administered by the Securities and Exchange Commission, to the same extent as securities which are issued by the United States. (1) In order to furnish obligations for delivery by the Authority, the Secretary of the Treasury is authorized to prepare such obligations in such form as the Authority may approve, such obligations when prepared to be held in the Treasury subject to delivery upon order by the Authority. The engraved plates, dies, bed pieces, and so forth, executed in connection therewith, shall remain in the custody of the Secretary of the Treasury. The Authority shall reimburse the Secretary of the Treasury for any expenditures made in the preparation, custody, and delivery of such obligations. (m) The Authority shall, as soon as practicable after the end of each fiscal year, transmit to the President and the Congress an annual report of its operations and activities. (n) The sixth sentence of the seventh paragraph of section 5136 of the Revised Statutes, as amended (12 U.S.C. 24), is amended by inserting "or obligations of the Environmental Financing Authority" immediately after "or obligations, participations, or other instruments of or issued by the Federal National Mortgage Association or the Government National Mortgage Association". (o) The budget and audit provisions of the Government Corporation Control Act (31 U.S.C. 846) shall be applicable to the Environmental Financing Authority in the same manner as they are applied to the wholly owned Government corporations. (p) Section 3689 of the Revised Statutes, as amended (31 U.S.C. 711), is further amended by adding a new paragraph following the last paragraph appropriating moneys for the purposes under the Treasury Department to read as follows: "Payment to the Environmental Financing Authority: For payment to the Environmental Financing Authority under subsection (h) of the Environmental Financing Act of 1972."

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Page:United States Statutes at Large Volume 86.djvu/945

 86 STAT. ]

PUBLIC LAW 92-500-OCT. 18, 1972

903

SEX. DISCRIMINATION

SEC. 13. No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Act. the Federal Water Pollution Control Act, or the Environmental Financing Act. This section shall be g„^"'^' ^^' ^^^' enforced through agency provisions and rules similar to those already established, with respect to racial and other discrimination, under title VI of the Civil Rights Act of 1964. However, this remedy is not exclu- ^^ ^^^- ^^^^^ sive and will not prejudice or cut off any other legal remedies available to a discriminatee.

CARL

Speaker of the House of

ALBERT

Representatives.

F R A N K E. MOSS

acting President

of the Senate pro

tempore.

IN THE SENATE OF THE UNITED STATES, October 18 (legislative day, October 17), 1972 The Senate having proceeded to reconsider the bili (S. 2770) entitled "An Act to amend the Federal Water Pollution Control Act", returned by the President of the United States with his objections, to the Senate, in which it originated, it was Resolved, That the said bill pass, two-thirds of the Senators present having voted in the affirmative. Attest: FRANCIS R. VALEO

Secretary. By: Darrell St. Claire Assistant Secretary. I certify that this Act originated in the Senate. FRANCIS R.

VALEO

Secretary. By: Darrell St. Claire Assistant Secretary.

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Page:United States Statutes at Large Volume 86.djvu/946

 904

PUBLIC LAW 92-501-OCT. 18, 1972

[86

STAT.

IN THE HOUSE OF REPRESENTATIVES, U.S., October 18, 1972. The House of Representatives having proceeded to reconsider the bill (S. 2770) entitled "An Act to amend the Federal Water Pollution Control Act", returned by the President of the United States with his objections to the Senate, in which it originated, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: W. P A T J E N N I N G S Clerk.

•-•^

By:

W. Raymond

Colley.

Public Law 92-501 ' October 18, 1972 [S.1497]

Sitka National Monument, Alaska, Additional lands; name change.

Administration.

Appropriation.

AN ACT To authorize certain additions to the Sitka National Monument in the State of Alaska, and for other purposes.

Be it enacted by the Seriate and House of Representatives of the United States of America in Congress assembled, That, in order to preserve in public ownership for the benefit and inspiration of present and future generations of Americans an area which illustrates a part of the early history of the United States by commemorating czarist Russia's exploration and colonization of Alaska, the Secretary of the Interior (hereinafter referred to as the "Secretary") is authorized to acquire by donation, purchase, or exchange, for addition to the Sitka National Monument, the lands and interests therein, and improvements thereon, including the Russian mission, as generally depicted on the map entitled "Proposed Additions, Sitka National Monument, Sitka, Alaska" numbered 314-20,010-A, in two sheets, and dated September 1971, which shall be on file and available for public inspection m the offices of the National Park Service, Department of the Interior. J^ands and interests in lands within such area owned by the State of Alaska or any political subdivision thereof may be acquired only by donation. Notwithstanding any other provision of law, the Secretary may erect permanent improvements on lands acquired by him from the State of Alaska for the purposes of this Act. SEC. 2. The Sitka National Monument is hereby redesignated as the Sitka National Historical Park, and it shall be administered, protected, and maintained by the Secretary in accordance with the provisions of the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1,2-4), as amended and supplemented, and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.). SEC. 3. There are hereby authorized to be appropriated not to exceed $140,000 for land acquisition and $691,000 (June 1971 prices) for development, plus or minus such amounts, if a n j, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein. Approved October 18, 1972.

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Page:United States Statutes at Large Volume 86.djvu/947

 86 STAT. ]

PUBLIC LAW 92-502-OCT. 18, 1972

905

Public Law 92-502 AN ACT

To amend the Fish and Wildlife Act of 1956 in order to provide for the efit'ective enforcement of the provisions therein prohibiting the shooting at birds, flsh, and other animals from aircraft.

October 18, 1972

[H. R.14731]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 13 of Airbome huntthe Fish and Wildlife Act of 1956 (85 Stat. 480-481; Public Law '"prohibition, en92-159) is amended by adding at the end thereof the following new forcement. subsections: . .. 16 USC 742j.i. " (d) The Secretary of the Interior shall enforce the provisions of Regulations, this section and shall promulgate such regulations as he deems necessary and appropriate to carry out such enforcement. Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of this section may, without warrant, arrest any person committing in his presence or view a violation of this section or of any regulation issued nereunder ajid take such person immediately for examination or trial before an officer or court of competent jurisdiction; may execute any warrant or other process issued by ' ' an officer or court of competent jurisdiction for the enforcement of the provisions of this section; and may, with or without a warrant, as authorized by law, search any place. The Secretary of the Interior is cooperative authorized to enter into cooperative agreements with State fish and ^^''^^'"^" ^* wildlife agencies or other appropriate State authorities to facilitate enforcement of this section, and by such agreements to delegate such enforcement authority to State law enforcement personnel as he deems appropriate for effective enforcement of this section. Any judge of any court established under the laws of the United States, and any United States magistrate may, within his respective jurisdiction, upon proper oath or affirmation showing probable cause, issue warrants in all such eases. "(e) All birds, fish, or other animals shot or captured contrary Forfeiture. to the provisions of this section, or of any regulation issued hereunder, and all ^ n s, aircraft, and other equipment used to aid in the shooting, attempting to shoot, capturing, or harassing of any bird, fish, or other animal in violation of this section or of any regulation issued hereunder ' ' shall be subject to forfeiture to the United States. "(f) All provisions of law relating to the seizure, forfeiture, and customs laws, condemnation of a vessel for violation of the customs laws, the disposi- ^PP^=^*^'*>'' tion of such vessel or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures, shall apply to the seizures and forfeitures incurred, or alleged to have been incurred, under the •;><>» provisions of this section, insofar as such jxrovisions of law are applicable and not inconsistent with the provisions of this section; except that all powers, rights, and duties conferred or imposed by the customs ' laws upon any officer or employee of the Treasury Department shall, for the purposes of this section, be exercised or performed by the Secretary of the Interior or by such persons as he may designate." Approved October 18, 1972.

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Page:United States Statutes at Large Volume 86.djvu/948

 906

PUBLIC LAW 92-503-OCT. 18, 1972

[86

STAT.

Public Law 92-503 October 18, 1972 [H. J. Res.1301]

Housing. 84 Stat. 1770. 12 USC 1703. 12 USC 1715h. 12 USC 1715L 12 USC 1715z. 12 USC 1715Z-1. 12 USC 1748h-l.

12 USC 1748h-2.

12 USC 1749bb.

12 USC 1749aaa.

Ante, p. 405.

42 USC 1410.

84 Stat. 1776. 50 Stat. 892. 79 Stat. 487. 63 Stat. 416; 84 Stat. 1776. 42 USC 1453.

JOINT RESOLUTION To extend the authority of the Secretary of Housing and Url)an Development with respect to the insurance of loans and mortgages under the National Housing Act,

Besolred by the Senate and House of Reqiresentatices of the United States of America in Cangress assembled, That (a) section 2(a) of the National Housing Act is amended by striking out "October 1, 1972" in the first sentence and inserting in lieu thereof "June 30, 1973". (b) Section 217 of such Act is amended by striking out "October 1, 1972" and inserting in lieu thereof "June 30, 1973". (c) Section 221(f) of such Act is amended by striking out "October 1, 1972" in the fifth sentence and inserting in lieu thereof "June 30, 1973". (d) Section 235(m) of such Act is amended by striking out "October 1, 1972" and inserting in lieu thereof "June 30, 1973". (e) Section 23f)(n) of such Act is amended by striking out "October 1, 1972" and inserting in lieu thereof "June 30, 1973". (f) Section 809(f) of such Act is amended by striking out "October 1, 1972" in the second sentence and inserting in lieu thereof "June 30, 1973". (g) Section 810(k) of such Act is amended by striking out "October 1, 1972" in the second sentence and inserting in lieu thereof "June 30, 1973". (h) Section 102(a) of such Act is amended by striking out "October 1, 1972" in the second sentence and inserting in lieu thereof "June 30, 1973". (i) Section 1101(a) of such Act is amended by striking out "October 1, 1972" in the second sentence and inserting in lieu thereof "June 30, 1973". SEC. 2. Section 3 of the joint resolution entitled "Joint resolution to extend the authority of the Secretary of Housing and Urban Development with respect to interest rates on insured mortgages, to extend and modify certain provisions of the National Flood Insurance Act of 1968, and for other purposes", approved December 22, 1971, as amended, is amended by striking out "for a period of nine months after the date of approval of this joint resolution" and inserting in lieu thereof "until June 30, 1973". SEC. 3. Section 10 of the United States Housing Act of 1937 is amended— (1) by striking out "and $225,000,000 on July 1, 1971," in subsection (e) and inserting in lieu thereof "$225,000,000 on July 1, 1971, and $150,000,000 on July 1, 1972,"; (2) by striking out the proviso in subsection (b); and (3) by striking out the second proviso in subsection (c). SEC. 4. The first sentence of section 103(b) of the Housing Act of 1949 is amended by striking out "and by $1,500,000,000 on July 1, 1971" and inserting in lieu thereof "by $1,500,000,000 on July 1, 1971, and by $250,000,000 on July 1, 1972". Approved October 18, 1972.

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Page:United States Statutes at Large Volume 86.djvu/949

 86 STAT. ]

PUBLIC LAW 92-506-OCT. 19, 1972

907

Public Law 92-504 AN ACT

October 18, 1972 FH R 168701

To amend the Sockeye Salmon or Pink Salmon Fishery Act of 1947 to authorize —L_:—: the restoration and extension of the sockeye and pink salmon stocks of the Fraser River system, and for other purjwses.

1—

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8 of FraV^°Rivlr'^^' the Sockeye Salmon or Pink Salmon Fishery Act of 1947 (61 Stat, system Restoration and 514; 16 U.S.C. 776f) is amended by (a) designating existing section 8 extension. as "section 8(a) "; and (b) inserting at the end thereof the following new section: "(b) I n addition to the amounts authorized in subsection (a) of this Appropriation section, there is authorized to be appropriated the sum of $7,000,000 for the share of the United States of costs and expenses incident to the development and construction of salmon enhancement facilities pursuant to the program for the restoration and extension of the sockeye and pink salmon stocks of the Fraser River system as approved by the Commission, to remain available until expended." Approved October 18, 1972. Public Law 92-505 JOINT RESOLUTION

October 18, 1972

To recojaiize Thomas Jefferson University. Philadelphia, Pennsylvania, as the [S. j. Res. 199] flrst university in the United States to bear the full name of the third President of the United States. Whereas the Jejfferson Medical College of Philadelphia was founded in 1824 during the lifetime of its namesake, Thomas Jefferson; Whereas the Jefferson Medical College of Philadelphia was given a university charter in 1838 by the State of Pennsylvania; Whereas the Jefferson Medical College of Philadelphia has long represented and promoted the principles for which Thomas Jefferson stood; Whereas the Jefferson Medical College of Philadelphia officially changed its name to the Thomas Jefferson University on July 1, 1969: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Thomas Jefferson soI^under'Lu^^'^' University, Philadelphia, Pennsylvania, be and is hereby recognized °PhiiTtLip^hiai as the first university in the United States to bear the full name of the ^^• third President of the United States. Approved October 18, 1972.

Public Law 92-506 JOINT RESOLUTION

October 19, 1972

To provide grants for Allen J. f]llender fellowships to disadvantaged secondary [S. j. Res. 265] school students and their teachers to participate in a Washington public affairs program. AVhereas Allen J. Ellender, a Senator from I^ouisiana and President pro tempore of the Ignited States Senate, had a distinguished career in public service characterized by extraordinary energy and real concern for young people and the development of greater opportunities for active and responsible citizenship by young people; and

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