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Page:United States Statutes at Large Volume 91.djvu/1627

 PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1593

deadline, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. "(B) The Administrator may, if he determines (i) that any person Extension, who is a violator of, or any person who is otherwise not in compliance with, the time requirements under this Act or in any permit issued under this Act, has acted in good faith, and has made a commitment (in the form of contracts or other securities) of necessary resources to achieve compliance by the earliest possible date after July 1, 1977, but not later than April 1, 1979; (ii) that any extension under this provision will not result in the imposition of any additional controls on ^ "" * •' ^^ any other point or nonpoint source; (iii) that an application for a permit under section 402 of this Act was filed for such person prior 33 USC 1342. to December 31, 1974; and (iv) that the facilities necessary for compliance with such requirements are under construction, grant an extension of the date referred to in section 301(b)(1)(A) to a date which 33 USC 1311. will achieve compliance at the earliest time possible but not later than April 1, 1979. "(6) Whenever, on the basis of information available to him, the Administrator finds (A) that any person is in violation of section 301(b)(1)(A) or (C) of this Act, (B) that such person cannot meet the requirements for a time extension under section 301(i)(2) of this Act, and (C) that the most expeditious and appropriate means of compliance with this Act by such person is to discharge into a publicly owned treatment works, then, upon request of such person, the Administrator may issue an order requiring such person to comply with this Act at the earliest date practicable, but not later than July 1, 1983, by discharging into a publicly owned treatment works if such works concur with such order. Such order shall include a schedule of compliance.". MITIGATION COSTS

SEC. 57. Subsection (b) of section 311 of the Federal Water Pollution Control Act is amended by adding a new clause (v) to paragraph (2) (B) as follows: "(v) In addition to establishing a penalty for the discharge of a hazardous substance determined not to be removable pursuant to clauses (ii) through (iv) of this subparagraph, the Administrator may act to mitigate the damage to the public health or welfare caused by such discharge. The cost of such mitigation shall be deemed a cost incurred under subsection (c) of this section for the removal of such substance by the United States Government.".

Oil and hazardous substance liability. 33 USC 1321.

GILSPILL LIABILITY

SEC. 58. (a)(1) Section 311(b)(1) of the Federal Water Pollution Control Act is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Fishery Conservation and Management Act of 1976).". (2) Section 311(b)(2)(A) of the Federal Water Pollution Control Act as amended by inserting after "the contiguous zone" the following: "or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to, appertaining to, or under the exclusive

43 USC 1331 note. 33 USC 1501 note. 16 USC 1801 note.

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Page:United States Statutes at Large Volume 91.djvu/1628

 91 STAT. 1594 16 USC 1801 note. 33 USC 1321.

43 USC 1331 note. 33 USC 1501 °°*®-

Penalty.

33 USC 1471 note.

PUBLIC LAW 95-217—DEC. 27, 1977 management authority of the United States (including resources under the Fishery Conservation and Management Act of 1976)". (3) Section 311(b)(3) of the Federal Water Pollution Control Act jg amended by inserting " (i) " immediately after "The discharge of oil or hazardous substances" and by inserting after the phrase "into or upon the waters of the contiguous zone" a comma and the following: "or (ii) in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Fishery Conservation and Management Act of 1976),". (4) Section 311(b)(3)(A) of the Federal Water Pollution Control Act is amended by inserting "or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Fishery Conservation and Management Act of 1976)" immediately after "waters of the contiguous zone", and by striking out "article IV of". (5) Section 311(b)(4) of the Federal Water Pollution Control Act is amended by striking all after "beaches" and inserting a period. (6) Section 311(b)(5) of the Federal Water Pollution Control Act is amended by inserting after "Any such person" in the second sentence "(A) in charge of a vessel from which oil or a hazardous substance is discharged in violation of paragraph (3)(i) of this subsection, or (B) in charge of a vessel from which oil or a hazardous substance is discharged in violation of paragraph (3) (ii) of this subsection and who is otherwise subject to the jurisdiction of the United States, or (C) in charge of an onshore facility or an offshore facility,". (7) The first sentence of section 311(b)(6) of the Federal Water Pollution Control Act is amended by striking out "Any owner or operator of any vessel, or shore facility," and inserting in lieu thereof "Any owner, operator, or person in charge of any onshore facility". ^ (8) Section 311(b)(6) of the Federal Water Pollution Control Act is amended by inserting immediately after the first sentence thereof the following: "Any owner, operator, or person in charge of any vessel from which oil or a hazardous substance is discharged in violation of paragraph (3)(i) of this subsection, and any owner, operator, or person in charge of a vessel from which oil or a hazardous substance is discharged in violation of paragraph (3) (ii) who is otherwise subject to the jurisdiction of the United States, shall be assessed a civil penalty by the Secretary of the department in which the Coast Guard is operating of not more than $5,000 for each offense.". (b) Section 311(c)(1) of the Federal Water Pollution Control Act is amended by inserting after "discharged," the following: "or there is a substantial threat of such discharge,". (c)(1) Section 311(c)(1) of the Federal Water Pollution Control Act is further amended by inserting after "contisfuous zone," the following: "or in connection with activities under the Outer Continental Shelf Lands Act or the Deepwater Port Act of 1974, or which may affect natural resources belonging to, appertaining to, or under the exclusive management authority of the United States (including resources under the Fishery Conservation and Management Act of 1976)". (2) The last sentence of section 311(d) of the Federal Water Pollution Control Act is amended by inserting after "under this subsection" the following: "or under the Intervention on the High Seas Act (or the convention defined in section 2(3) thereof)".

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 91.djvu/1629

 PUBLIC LAW 95-217—DEC. 27, 1977 (3) Section 311(j)(2) of the Federal Water Pollution Control Act is amended by inserting immediately after the first sentence the following: "This paragraph shall not apply to any owner or operator of any vessel from which oil or a hazardous substance is discharged in violation of paragraph (3) (ii) of subsection (b) unless such owner, operator, or person in charge is otherwise subject to the jurisdiction of the United States.". (d)(1) Section 311(a) of the Federal Water Pollution Control Act is amended by striking out the period at the end thereof and inserting in lieu thereof a semicolon and by adding at the end thereof the following new paragraphs: " (15) 'inland oil barge' means a non-self-propelled vessel carrying oil in bulk as cargo and certificated to operate only in the inland waters of the United States, while operating in such waters; "(16) 'inland waters of the United States'means those waters of the United States lying inside the baseline from which the territorial sea is measured and those waters outside such baseline which are a part of the Gulf Intracoastal Waterway.". (2) Section 311(f)(1) of the Federal Water Pollution Control Act is amended by striking out "$100 per gross ton of such vessel or $14,000,000, whichever is lesser," and inserting in lieu thereof the following: ", in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil or hazardous substances as cargo, $250,000), whichever is greater,". (3) Section 311(g) of the Federal Water Pollution Control Act is amended by striking out "$100 per gross ton of such vessel or $14,000,000, whichever is the lesser." and inserting in lieu thereof the following: ", in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil or hazardous substances as cargo, $250,000), whichever is greater.". (4) Section 311(p)(1) of the Federal Water Pollution Control Act is amended by striking out "$100 per gross ton, or $14,000,000 whichever is the lesser," and inserting in lieu thereof the following: ", in the case of an inland oil barge $125 per gross ton of such barge, or $125,000, whichever is greater, and in the case of any other vessel, $150 per gross ton of such vessel (or, for a vessel carrying oil or hazardous substances as cargo, $250,000), whichever is greater,". (5) Section 311(f)(2) of the Federal Water Pollution Control Act is amended by striking out "$8,000,000" and inserting in lieu thereof "$50,000,000"'. (6) Section 311(f)(3) of the Federal Water Pollution Control Act is amended by striking out "$8,000,000" and inserting in lieu thereof "$50,000,000". (e) Section 311(c)(2)(D) of the Federal Water Pollution Control Act is amended by striking out "to the appropriate Federal agency;" and inserting in lieu thereof "and imminent threats of such discharges to the appropriate State and Federal agencies;". (f) Section 311(g) of the Federal Water Pollution Control Act is amended by inserting after " (g) " the following: "Where the owner or operator of a vessel (other than an inland oil barge) carrying oil or hazardous substances as cargo or an onshore or offshore facility which handles or stores oil or hazardous substances in bulk, from which oil or a hazardous substance is discharged in violation of subsection (b) of this section, alleges that such discharge was caused solely by an act

91 STAT. 1595 Penalty. 33 USC 1321.

Definitions.

•-*•

Actual removal costs liability.

Third party liability.

' Financial responsibility,

Payment rights,

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Page:United States Statutes at Large Volume 91.djvu/1630

 91 STAT. 1596

Actual removal costs liability.

33 USC 1321.

Cost recovery.

Effective date.

33 USC 1321 note. Limitations.

43 USC 1331 note.

33 USC 1501 note. Effective date.

33 USC 1321 note.

PUBLIC LAW 95-217—DEC. 27, 1977 or omission of a t h i r d party, such owner or operator shall pay to the United States Government the actual costs incurred under subsection (c) for removal of such oil or substance and shall be entitled by subrogation to all rights of the United States Government to recover such costs from such t h i r d party under this subsection.". (g) Section 311(f) of the Federal W a t e r Pollution Control Act is amended by a d d i n g the following new paragraph s: " (4) The costs of removal of oil or a hazardous substance for which the owner or operator of a vessel or onshore or offshore facility is liable under subsection (f) of this section shall include any costs or expenses incurred by the Federal Government or any State government in the restoration or replacement of natural resources damaged or destroyed as a result of a discharge of oil or a hazardous substance in violation of subsection (b) of this section. " (5) The President, or the authorized representative of any State, shall act on behalf of the public as trustee of the n a t u r a l resources to recover for the costs of replacing or restoring such resources. Sums recovered shall be used to restore, rehabilitate, or acquire the equivalent of such natural resources by the appropriate agencies of the Federal Government, o r the State government.". (h) The amendments made by paragraph s (5) and (6) of subsection (d) of this section shall take effect 180 days after the date of enactment of the Clean W a t e r Act of 1977. (i) Section 311 of the Federal W a t e r Pollution Control Act is amended by adding at the end thereof the following new subsections: " (q) The President is authorized to establish, with respect to any class or category of onshore or offshore facilities, a maximum limit of liability under subsections (f)(2) and (3) of this section of less than $50,000,000, but not less than $8,000,000. " (r) Nothing in this section shall be construed to impose, or authorize the imposition of, any limitation on liability under the Outer Continental Shelf L and s Act or the Deepwater P o r t Act of 1974.". (i) No vessel subject to the increased amounts which result from the amendments made by subsections (d)(2), (d)(3), and (d)(4) of this section shall be required to establish any evidence of financial responsibility under section 311(p) of the Federal W a t e r Pollution Control Act for such increased amounts before October 1, 1978. (k) Section 311(a) (11) of the Federal W a t e r Pollution Control Act is amended by inserting immediately after "United States" a comma and the following: " and any facility of any kind which is subject to the jurisdiction of the United States and is located in, on, or under any other waters,". (1) The first sentence of section 311(k) of the Federal W a t e r Pollution Control Act is amended by striking out "not to exceed" and inserting in lieu thereof the following: "such sums as may be necessary to maintain such fund at a level of". (m) Section 311(i)(2) of the Federal W a t e r Pollution Control Act is amended by striking out the period at the end thereof and inserting in lieu thereof a comma and the following: "or the Deepwater P o r t Act of 1974.". MARINE SANITATION

Definitions. 33 USC 1322.

DEVICES

SEC. 59. (a) Section 312(a)(6) of the Federal W a t e r Pollution Control Act is amended by adding before the semicolon at the end thereof the following: "except that, with respect to commercial vessels on the Great Lakes, such term shall include graywater".

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Page:United States Statutes at Large Volume 91.djvu/1631

 PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1597

(b) Section 312(a) of the Federal Water Pollution Control Act is 33 USC 1322. amended by striking out the period at the end thereof and inserting in lieu thereof a semicolon and the following: "(10) 'commercial vessels' means those vessels used in the business of transporting property for compensation or hire, or in trans\ porting property in the business of the owner, lessee, or operator of the vessel; "(11) 'graywater' means galley, bath, and shower water.". (c) The next to the last sentence of section 312(b)(1) of the Federal Water Pollution Control Act is amended by inserting immediately after "Such standards" the following: "and standards established under subsection (c)(1)(B) of this section". The last sentence of such section 312(b)(1) is amended by inserting immediately after "subsection" the following: "and subsection (c) of this section". (d) Section 312(c)(1) of the Federal Water Pollution Control Act Great Lakes is amended by inserting " (A) " after " (1) " and by adding at the end vessels, standards. thereof a new subparagraph (B) as follows: "(B) The Administrator shall, with respect to commercial vessels on the Great Lakes, establish standards which require at a minimum the equivalent of secondary treatment as defined under section 304(d) of this Act. Such standards and regulations shall take eifect for exist- Ante, p. 1587 ing vessels after such time as the Administrator determines to be reasonable for the upgrading of marine sanitation devices to attain such (e) Section 312(f)(4) of the Federal Water Pollution Control Act is amended by inserting " (A) " after " (4) " and by adding at the end thereof a new subparagraph (B) as follows: "(B) Upon application by a State, the Administrator shall, by regulation, establish a drinking water intake zone in any waters within such State and prohibit the discharge of sewage from vessels within that zone.".

Drinking water intake zone regulations.

-H

F'

FEDERAL FACILITIES

SEC. 60. Section 313 of the Federal Water Pollution Control Act is Cooperative amended by inserting " (a) " immediately after "SEC. 313." and by pollution control program adding at the end thereof the following new subsection: "(b)(1) The Administrator shall coordinate with the head of each coordination. department, agency, or instrumentality of the Federal Government 33 USC 1323. having jurisdiction over any property or facility utilizing federally owned wastewater facilities to develop a program of cooperation for utilizing wastewater control systems utilizing those innovative treatment processes and techniques for which guidelines have been promulgated under section 304(d)(3). Such program shall include an Ante, p. 1588. inventory of property and facilities which could utilize such processes and techniques. "(2) Construction shall not be initiated for facilities for treatment - ;; of wastewater at any Federal property or facility after September 30, 1979, if alternative methods for wastewater treatment at such property or facility utilizing innovative treatment processes and techniques, including but not limited to methods utilizing recycle and reuse techniques and land treatment are not utilized, unless the life cycle cost of ' the alternative treatment works exceeds the life cycle cost of the most cost effective alternative by more than 15 per centum. The Adminis- Waiver, trator may waive the application of this paragraph in any case where ihe Administrator determines it to be in the public interest, or that compliance with this paragraph would interfere with the orderly compliance with conditions of a permit issued pursuant to section 402 of this Act.".

33 USC 1342.

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Page:United States Statutes at Large Volume 91.djvu/1632

 91 STAT. 1598

PUBLIC LAW 95-217—DEC. 27, 1977 FEDERAL FACILITY

Ante, p. 1597.

Federal employee liability.

Military source exemption, regulations.

33 USC 1341.

COMPLIANCE

SEC. 61. (a) Subsection (a) of section 313 of the Federal Water Pollution Control Act is amended (1) by striking in the first sentence thereof the words "shall comply with Federal, State, interstate, and local requirements respecting control and abatement of pollution to the same extent that any person is subject to such requirements, including the payment of reasonable service charges." and inserting in lieu thereof a comma and the/words "and each officer, agent, or employee thereof in the performance of his official duties, shall be subject to, and comply with, all Federal, State, interstate, and local requirements, administrative authority, and process and sanctions respecting the control and abatement of water pollution in the same manner, and to the same extent as any nongovernmental entity including the payment of reasonable service charges. The preceding sentence shall apply (A) to any requirement whether substantive or procedural (including any recordkeeping or reporting requirement, any requirement respecting permits and any other requirement, whatsoever), (B) to the exercise of any Federal, State, or local administrative authority, and (C) to any process and sanction, whether enforced in Federal, State, or local courts or in any other manner. This subsection shall apply notwithstanding any immunity of such agencies, officers, agents, or employees under any law or rule of law. Nothing in this section shall be construed to prevent any department, agency, or instrumentality of the Federal Government, or any officer, agent, or employee thereof in the performance of his official duties, from removing to the appropriate Federal district court any proceeding to which the department, agency, or instrumentality or officer, agent, or employee thereof is subject pursuant to this section, and any such proceeding may be removed in accordance with 28 U.S.C. 1441 et seq. No officer, agent, or employee of the United States shall be personally liable for any civil penalty arising from the performance of his official duties, for which he is not otherwise liable, and the United States shall be liable only for those civil penalties arising under Federal law or imposed by a State or local court to enforce an order or the process of such court."; and (2) by adding at the end of such subsection the following: "In addition to any such exemption of a particular effluent source, the President may, if he determines it to be in the paramount interest of the United States to do so, issue regulations exempting from compliance with the requirements of this section any weaponry, equipment, aircraft, vessels, vehicles, or other classes or categories of property, and access to such property, which are owned or operated by the Armed Forces of the United States (including the Coast Guard) or by the National Guard of any State and which are uniquely military in nature. The President shall reconsider the need for such regulations at three-year intervals.". (b) Section 401(a) of the Federal Water Pollution Control Act is amended by striking paragraph (6) and renumbering the succeeding paragraph accordingly. CLEAN LAKES

Surveys, financial assistance to States. 33 USC 1324. Public information. Ante, p. 1588.

SEC. 62. (a) Section 314(b) of the Federal W^ater Pollution Control Act is amended by adding at the end thereof the following: "The Administrator shall provide financial assistance to States to prepare the identification and classification surveys required in subsection (a) (1) of this section.". (b) The first sentence of section 304(j) of the Federal Water Pollution Control Act as redesignated by this Act, is amended to read as

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Page:United States Statutes at Large Volume 91.djvu/1633

 PUBLIC LAW 95-217--DEC. 27, 1977

91 STAT. 1599

follows: "The Administrator shall issue information biennially on methods, procedures, and processes as may be appropriate to restore and enhance the quality of the Nation's publicly owned freshwater lakes.". AQUACULTUKE

SEC. 63. Section 318 of the Federal Water Pollution Control Act is 33 USC 1328. amended to read as follows: "AQUACULTUKE

"SEC. 318. (a) The Administrator is authorized, after public hearings, to permit the discharge of a specific pollutant or pollutants under controlled conditions associated with an approved aquaculture project under Federal or State supervision pursuant to section 402 of this Act. " (b) The Administrator shall by regulation establish any procedures and guidelines which the Administrator deems necessary to carry out this section. Such regulations shall require the application to such discharge 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 within its jurisdiction for discharge of a specific pollutant or pollutants under controlled conditions associated with an approved aquaculture project may do so if upon submission of such program the Administrator determines such program is adequate to carry out the objective of this Act.".

Pollutant discharge, hearing, Procedures and guidelines,

State program approval,

COMPLIANCE W I T H STATE REQUIREMENTS

SEC. 64. Section 401 of the Federal Water Pollution Control Act is 33 OSC 1341. amended by inserting "303," after "302," in the phrase "sections 301, 302, 306, and 307 of this Act", and in the phrase "section 301, 302, 306, or 307 of this Act", each time these phrases appear. ENVIRONMENTAL PROTECTION AGENCY ISSUANCE OF PERMITS

SEC. 65. (a) Section 402(d) of the Federal Water Pollution Control 33 USC 1342. Act is amended by adding at the end thereof the following new paragraph: " (4) In any case where, after the date of enactment of this para- Public hearing, graph, the Administrator, pursuant to paragraph (2) of this subsection, objects to the issuance of a permit, on request of the State, a public hearing shall be held by the Administrator on such objection. If the State does not resubmit such permit revised to meet such objection within 30 days after completion of the hearing, or, if no hearing is requested within 90 days after the date of such objection, the Administrator may issue the permit pursuant to subsection (a) of this section for such source in accordance with the guidelines and requirements of this Act.". (b) Section 402(d)(2) of the Federal Water Pollution Control Act Objections is amended by adding at the end thereof the following new sentence: statement. "Whenever the Administrator objects to the issuance of a permit under this paragraph such written objection shall contain a statement of the reasons for such objection and the effluent limitations and conditions which such permit would include if it were issued by the Administrator.".

29-194 0

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Page:United States Statutes at Large Volume 91.djvu/1634

 91 STAT. 1600

PUBLIC LAW 95-217—DEC. 27, 1977 ENFORCEMENT OF M U N I C I P A L PERMITS

33 USC 1342. Ante, p. 1592,

SEC. 66. Section 402(h) of the Federal W a t e r Polhition Control Act is amended by striking out the comma after "is approved" and inserting the following: "or where the Administrator determines pursuant to section 309(a) of this Act that a State with an approved program has not commenced a p p r o p r i a t e enforcement action with respect to such permit,". PERMITS FOR DREDGED OR F I L L

Notice, publication.

33 USC 1344.

"Secretary.' Notice and hearing.

laif

Limitations.

/

MATERIAL

SEC. 67. (a)(1) Subsection (a) of section 404 of the Federal W a t e r Pollution Control Act is amended by striking out " The Secretary of the Army, acting through the Chief of Engineers," and inserting in lieu thereof " The Secretary" and by inserting at the end thereof the following new sentence: "Not later than the fifteenth day after the date an applicant submits all the information required to complete an application for a permit under this subsection, the Secretary shall publish the notice required by this subsection.". (2) Subsections (b) and (c) of such section 404 are amended by striking out "the Secretary of the Army " each place it appears and inserting in lieu thereof in each such place "the Secretary". (b) Such section 404 is further amended by adding at the end thereof the following new subsections: " (d) The term 'Secretary' as used in this section means the Secretary of the Army, acting through the Chief of Engineers. " (e)(1) I n carrying out his functions relating to the discharge of dredged or fill material under this section, the Secretary may, after notice and opportunity for public hearing, issue general permits on a State, regional, or nationwide basis for any category of activities involving discharges of dredged or fill material if the Secretary determines that the activities in such category are similar in nature, will cause only minimal adverse environmental effects when performed separately, and will have only minimal cumulative adverse effect on the environment. Any general permit issued under this subsection shall (A) be based on the guidelines described in subsection (b)(1) of this section, and (B) set forth the requirements and standards which shall apply to any activity authorized by such general permit. " (2) No general permit issued under this subsection shall be for a period of more than five years after the date of its issuance and such general permit may be revoked or modified by the Secretary if, after opportunity for public hearing, the Secretary determines that the activities authorized by such general permit have an adverse impact on the environment or such activities are more appropriately authorized by individual permits. " (f)(1) Except as provided in paragraph (2) of this subsection, the discharge of dredged or fill material— " (A) from normal farming, silviculture, and ranching activ; ities such as plowing, seeding, cultivating, minor drainage, har> >. vesting for the production of food, fiber, and forest products, or upland soil and water conservation practices; " (B) for the purpose of maintenance, including emergency f . reconstruction of recently damaged parts, of currently serviceable structures such as dikes, dams, levees, groins, r i p r a p, breakwaters, .. causeways, and bridge abutments or approaches, and transportation structures;

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Page:United States Statutes at Large Volume 91.djvu/1635

 PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1601

"(C) for the purpose of construction or maintenance of farm or stock ponds or irrigation ditches, or the maintenance of drainage ditches; "(D) for the purpose of construction of temporary sedimentation basins on a construction site which does not include placement of fill material into the navigable waters; " (E) for the purpose of construction or maintenance of farm roads or forest roads, or temporary roads for moving mining equipment, where such roads are constructed and maintained, in accordance with best management practices, to assure that flow and circulation patterns and chemical and biological characteristics of the navigable waters are not impaired, that the reach of the navigable waters is not reduced, and that any adverse effect on the aquatic environment will be otherwise minimized; " (F) resulting from any activity with respect to which a State has an approved program under section 208(b)(4) which meets the requirements of subparagraphs (B) and (C) of such section, is not prohibited by or otherwise subject to regulation under this section or section 301(a) or 402 of this Act (except for effluent standards or prohibitions under section 307). "(2) Any discharge of dredged or fill material into the navigable waters incidental to any activity having as its purpose bringing an area of the navigable waters into a use to which it was not previously subject, where the flow or circulation of navigable waters may be impaired or the reach of such waters be reduced, shall be required to have a permit under this section, "(g)(1) The Governor of any State desiring to administer its own individual and general permit program for the discharge of dredged or fill material into the navigable waters (other than those waters which are presently used, or are susceptible to use in their natural (ondition or by reasonable improvement as a means to transport interstate or foreign commerce shoreward to their ordinary high water mark, including all waters which are subject to the ebb and flow of the tide shoreward to their mean high water mark, or mean higher high water mark on the west coast, including wetlands adjacent thereto) within its jurisdiction may submit to the Administrator a full and complete description of the program it proposes to establish and administer under State law or under an interstate compact. In addition, such State shall submit a statement from the attorney general (or the attorney for those State 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. " (2) Not later than the tenth day after the date of the receipt of the program and statement submitted by any State under paragraph (1) of this subsection, the Administrator shall provide copies of such program and statement to the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. "(3) Not later than the ninetieth day after the date of the receipt by the Administrator of the program and statement submitted by any State, under paragraph (1) of this subsection, the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall submit any comments with respect to such program and statement to the Administrator in writing. "(h)(1) Not later than the one-hundred-twentieth day after the d ite of the receipt by the Administrator of a program and statement

Ante, p. 1577.

33 USC 1311, 1342. 33 USC 1317.

State administrative program and authority statement, submittal and copies.

eomments, submittal.

State authority determination.

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Page:United States Statutes at Large Volume 91.djvu/1636

 91 STAT. 1602

33 USC 1317, 1343.

33 USC 1318. Notice and hearing.

Recommendations.

Consultation.

Coordination. Program approval and notification.

PUBLIC LAW 95-217—DEC. 27, 1977

submitted by any State under paragraph (1) of this subsection, the Administrator shall determine, taking into account any comments submitted by the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, pursuant to subsection (g) of this section, whether such State has the following authority with respect to the issuance of permits pursuant to such program: " (A) To issue permits which— •' "(i) apply, and assure compliance with, any applicable requirements of this section, including, but not limited to, the guidelines established under subsection (b)(1) of this section, and sections 307 and 403 of this Act; "(ii) are for fixed terms not exceeding five years; and "(iii) 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; ^.1 •. " ( I l l) change in any condition that requires either a temporary or permanent reduction or elimination of the permitted discharge. "(B) To issue permits which apply, and assure compliance with, all applicable requirements of section 308 of this Act, or to inspect, monitor, enter, and require reports to at least the same extent as /; required in section 308 of this Act. "(C) To assure 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. "(D) To assure that the Administrator receives notice of each application (including a copy thereof) for a permit. " (E) To assure that any State (other than the permitting State), whose waters may be affected by the issuance of a permit may submit written recommendations to the permitting State (and the Administrator) with respect to any permit application and, if any part of such written recommendations are not accepted by the permitting State, that the permitting State will notify such affected State (and the Administrator) in writing of its failure to so accept such recommendations together with its reasons for so doing. " (F) To assure that no permit will be issued if, in the judgment of the Secretary, 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. "(G) To abate violations of the permit or the permit program, including civil and criminal penalties and other ways and means of enforcement. " (H) To assure continued coordination with Federal and Federal-State water-related planning and review processes. "(2) If, with respect to a State program submitted under subsection (g)(1) of this section, the Administrator determines that such State— "(A) has the authority set forth in paragraph (1) of this subsection, the Administrator shall approve the program and so notify (i) such State and (ii) the Secretary, who upon subsequent notification from such State that it is administering such program, shall u suspend the issuance of permits under subsections (a) and (e) of

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Page:United States Statutes at Large Volume 91.djvu/1637

 PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1603

this section for activities with respect to which a permit may be issued pursuant to such State program; or "(B) does not have the authority set forth in paragraph (1) of this subsection, the Administrator shall so notify such State, which notification shall also describe the revisions or modifications necessary so that such State may resubmit such program for a determination by the Administrator under this subsection. "(3) If the Administrator fails to make a determination with respect to any program submitted by a State under subsection (g)(1) of this section within one-hundred-twenty days after the date of the receipt of such program, such program shall be deemed approved pursuant to paragraph (2)(A) of this subsection and the Administrator shall so notify such State and the Secretary who, upon subsequent notification from such State that it is administering such program, shall suspend the issuance of permits under subsection (a) and (e) of this section for activities with respect to which a permit may be issued by such Stat. "(4) After the Secretary receives notification from the Administrator under paragraph (2) or (3) of this subsection that a State permit program has been approved, the Secretary shall transfer any applications for permits pending before the Secretary for activities with respect to which a permit may be issued pursuant to such State program to such State for appropriate action. "(5) Upon notification from a State with a permit program approved under this subsection that such State intends to administer and enforce the terms and conditions of a general permit issued by the Secretary under subsection (e) of this section with respect to activities in such State to which such general permit applies, the Secretary shall suspend the administration and enforcement of such general permit with respect to such activities. "(i) Whenever the Administrator determines after public hearing that a State is not administering a program approved under section (h)(2)(A) of this section, in accordance with this section, including, but not limited to, the guidelines established under subsection (b)(1) of this section, the Administrator shall so notify the State, and, if appropriate corrective action is not taken within a reasonable time, not to exceed ninety days after the date of the receipt of such notification, the Administrator shall (1) withdraw approval of such program until the Administrator determines such corrective action has been taken, and (2) notify the Secretary that the Secretary shall resume the program for the issuance of permits under subsections (a) and (e) of this section for activities with respect to which the State was issuing permits and that such authority of the Secretary shall continue in effect until such time as the Administrator makes the determination described in clause (1) of this subsection and such State again has an approved program. "(j) Each State which is administering a permit program pursuant to this section shall transmit to the Administrator (1) 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, and (2) a copy of each proposed general permit which such State intends to issue. Not later than the tenth day after the date of the receipt of such permit application or such proposed general permit, the Administrator shall provide copies of such permit application or such proposed general permit to the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and

Program resubmittal.

Application transferral.

Administration and enforcement, suspension.

State noncompliant programs, withdrawal notice.

Copies, transmittals to Federal agencies.

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Page:United States Statutes at Large Volume 91.djvu/1638

 91 STAT. 1604 Comments, notification.

Objection statement.

Public heariQgs.

Waiver. Ante, p. 1588.

Regulations.

Comments, submittal by Interior Secretary.

PUBLIC LAW 95-217—DEC. 27, 1977

Wildlife Service. If the Administrator intends to provide written comments to such State with respect to such permit application or such proposed general permit, he shall so notify such State not later than the thirtieth day after the date of the receipt of such application or such proposed general permit and provide such written comments to such State, after consideration of any comments made in writing with respect to such application or such proposed general permit by the Secretary and the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, not later than the ninetieth day after the date of such receipt. If such State is so notified by the Administrator, it shall not issue the proposed permit until after the receipt of such comments from the Administrator, or after such ninetieth day, whichever first occurs. Such State shall not issue such proposed permit after such ninetieth day if it has received such written comments in which the Administrator objects (A) to the issuance of such proposed permit and such proposed permit is one that has been submitted to the Administrator pursuant to subsection (h)(1)(E), or (B) to the issuance of such proposed permit as being outside the requirements of this section, including, but not limited to, the guidelines developed under subsection (b)(1) of this section unless it modifies such proposed permit in accordance with such comments. Whenever the Administrator objects to the issuance of a permit under the preceding sentence such written objection shall contain a statement of the reasons for such objection and the conditions which such permit would include if it were issued by the Administrator. In any case where the Administrator objects to the issuance of a permit, on request of the State, a public hearing shall be held by the Administrator on such objection. If the State does not resubmit such permit revised to meet such objection within 30 days after completion of the hearing or, if no hearing is requested within 90 days after the date of such objection, the Secretary may issue the permit pursuant to subsection (a) or (e) of this section, as the case may be, for such source in accordance with the guidelines and requirements of this Act. "(k) In accordance with guidelines promulgated pursuant to subsection (i)(2) of section 304 of this Act, the Administrator is authorized to waive the requirements of subsection (j) of this section at the time of the approval of a program pursuant to subsection (h)(2)(A) of this section for any category (including any class, type, or size within such category) of discharge within the State submitting such program. "(1) The Administrator shall promulgate regulations establishing categories of discharges which he determines shall not be subject to the requirements of subsection (j) of this section in any State with a program approved pursuant to subsection (h)(2)(A) of this section. The Administrator may distinguish among classes, types, and sizes within any category of discharges. "(m) Not later than the ninetieth day after the date on which the Secretary notifies the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service that (1) an application for a permit under subsection (a) of this section has been received by the Secretary, or (2) the Secretary proposes to issue a general permit under subsection (e) of this section, the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall submit any comments with respect to such application or such proposed general permit in writing to the Secretary. ^,.,, >,,....,,...•. •,,.;v.;..':-:o-;;. ^j:;• .•;;.•;

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Page:United States Statutes at Large Volume 91.djvu/1639

 PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1605

" (n) Nothing in this section shall be construed to limit the authority of the Administrator to take action pursuant to section 309 of this Act. 33 USC 1319. " (o) A copy of each permit application and each permit issued under Copies, this section shall be available to the public. Such permit application or availability to portion thereof, shall further be available on request for the purpose public. of reproduction. "(p) Compliance with a permit issued pursuant to this section, including any activity carried out pursuant to a general permit issued under this section, shall be deemed compliance, for purposes of sec33 USC 1365. tions 309 and 505, with sections 301,307 and 403. 1592. "(q) Not later than the one-hundred-eightieth day after the date of Ante, sp. 1311, enactment of this subsection, the Secretary shall enter into agreements 33 u e 1317, 1343. with the Administrator, the Secretaries of the Departments of Agri- Agreements with culture, Commerce, Interior, and Transportation, and the heads of Federal agencies. other appropriate Federal agencies to minimize, to the maximum extent practicable, duplication, needless paperwork, and delays in the issuance of permits under this section. Such agreements shall be developed to assure that, to the maximum extent practicable, a decision with respect to an application for a permit under subsection (a) of this section will be made not later than the ninetieth day after the date the notice for such application is published under suDsection (a) of this section. "(r) The discharge of dredged or fill material as part of the construction of a Federal project specifically authorized by Congress, whether prior to or on or after the date of enactment of this subsection, is not prohibited by or otherwise subject to regulation under this section, or a State program approved under this section, or section 301(a) or 402 of the Act (except for effluent standards or prohibitions under 33 USC 1342. section 307), if information on the effects of such discharge, including consideration of the guidelines developed under subsection (b)(1) of this section, is included in an environmental impact statement for such project pursuant to the National Environmental Policy Act of 1969 and such environmental impact statement has been submitted to 42 USC 4321 Congress before the actual discharge of dredged or fill material in note. connection with the construction of such project and prior to either authorization of such project or an appropriation of funds for such construction. "(s)(1) Whenever on the basis of any information available to him Violations, the Secretary finds that any person is in violation of any condition or eompliance limitation set forth in a permit issued by the Secretary under this order, notice. section, the Secretary shall issue an order requiring such person to comply with such condition or limitation, or the Secretary shall bring a civil action in accordance with paragraph (3) of this subsection. "(2) A copy of any order issued under this subsection shall be sent immediately by the Secretary to the State in which the violation occurs and other affected States. Any order issued under this subsection shall be by personal service and shall state with reasonable specificity the nature of the violation, specify a time for compliance, not to exceed thirty days, which the Secretary determines is reasonable, taking into account the seriousness of the violation and any good faith efforts to comply with applicable requirements. In any case in which an order under this subsection is issued to a corporation, a copy of such order shall be served on any appropriate corporate officers. "(3) The Secretary is authorized to commence a civil action for Judicial relief, appropriate relief, including a permanent or temporary injunction for notice. any violation for which he is authorized to issue a compliance order under paragraph (1) of this subsection. Any action under this para-

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Page:United States Statutes at Large Volume 91.djvu/1640

 91 STAT. 1606

"

Penalties.

"Person."

33 USC 1362.

"mi r

33 USC 1318. Enforcement. Ante, p. 1592.

PUBLIC LAW 95-217—DEC. 27, 1977

graph may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance. Notice of the commencement of such acton shall be given immediately to the appropriate State. "(4)(A) Any person who willfully or negligently violates any condition or limitation in a permit issued by the Secretary under this section shall be punished by a fine of not less than $2,500 nor more than $25,000 per day of violation, or by imprisonment for not more than one year, or by both. If the conviction is for a violation committed after a first conviction of such person under this paragraph, punishment shall be by a fine of not more than $50,000 per day of violation, or by imprisonment for not more than two years, or by both. "(B) For the purposes of this paragraph, the term 'person' shall mean, in addition to the definition contained in section 502(5) of this Act, any responsible corporate officer. "(5) Any person who violates any condition or limitation in a permit issued by the Secretary under this section, and any person who violates any order issued by the Secretary under paragraph (1) of this subsection, shall be subject to a civil penalty not to exceed $10,000 per day of such violation. "(t) Nothing in this section shall preclude or deny the right of any State or interstate agency to control the discharge of dredged or fill material in any portion of the navigable waters within the jurisdiction of such State, including any activity of any Federal agency, and each such agency shall comply with such State or interstate requirements both substantive and procedural to control the discharge of dredged or fill material to the same extent that any person is subject to such requirements. This section shall not be construed as affecting or impairing the authority of the Secretary to maintain navigation.". (c)(1) Section 308(a)(4) of the Federal Water Pollution Control Act is amended by inserting "404 (relating to State permit programs)," immediately before "and 504". (2) Section 309 of the Federal Water Pollution Control Act is amended— (A) in subsection (a)(1) thereof, by striking out "section 402" and inserting in lieu thereof "section 402 or 404"; (B) in subsection (a)(3) thereof, by inserting "or in a permit issued under section 404 of this Act by a State" immediately after "State"; (C) in the first sentence of subsection (c)(1) thereof, by inserting "or in a permit issued under section 404 of this Act by a State" immediately after "State"; and (D) in subsection (d) thereof, by inserting "or in a permit issued under section 404 of this Act by a State," immediately after "State,". SLUDGE DISPOSAL

SEC. 68. (a) Section 405(a) of the Federal Water Pollution Control 33 USC 1345. Act is amended by striking out "under this section" and inserting in lieu thereof "under section 402 of this Act". (b) Section 405(b) of the Federal Water Pollution Control Act is -s'r' !ahv H amended by striking out the period at the end of the first sentence and •• u inserting in lieu thereof "and section 402 of this Act.".

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Page:United States Statutes at Large Volume 91.djvu/1641

 PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1607

(c) The last sentence of section 405(b) of the Federal Water Pollution Control Act is amended by striking out ", as the Administrator Ante, p. 1591. determines necessary to carry out the objective of this Act". (d) Section 405(c) of the Federal Water Pollution Control Act is amended by striking out "if upon submission" and all that follows down through the period at the end thereof and inserting in lieu thereof the following;: "in accordance with section 402 of this Act.". EMERGENCY

FUND

SEC. 69. Section 504 of the Federal Water Pollution Control Act is amended by inserting " (a) " immediately after "SEC. 504." and by adding at the end thereof the following: "(b)(1) The Administrator is authorized to provide assistance in emergencies caused by the release into the environment of any pollutant or other contaminant including, but not limited to, those which present, or may reasonably be anticipated to present, an imminent and substantial danger to the public health or welfare. "(2) There is hereby established a contingency fund to carry out paragraph (1) of this subsection and there is authorized to be appropriated to such fund not to exceed $10,000,000. The amounts appropriated under this paragraph shall remain available until expended. There is authorized to be appropriated such sums as are necessary to maintain that portion of such fund available for emergency assistance at a $10,000,000 level. "(3) The Administrator shall submit a report annually to each House of Congress on his activities in carrying out this subsection. "(4) This subsection shall, not be construed to relieve the Administrator of any requirement imposed on the Administrator by any other Federal law. Nothing contained in this subsection shall (A) affect any final action taken under such other Federal law, or (B) in any way affect the extent to which human health or the environment is to be protected under such other Federal law. "(5) The Administrator is authorized to provide emergency assistance under this subsection whenever the Administrator determines— "(A) such assistance is immediately required to prevent, limit, or mitigate the emergency; "(B) there is an immediate significant risk to the public health or welfare and the environment; and "(C) such assistance will not otherwise be provided on a timely basis. "(6) Emergency assistance provided under this subsection may include (A) measures to abate and remedy the emergency, (B) the performance of research on the effects of an emergency on public health, welfare, and the environment, and (C) providing officers and employees of the agency to administer, at the site of any emergency, the authority under this or other Federal law to minimize and mitigate the adverse effects of the emergency. "(7) The Administrator shall prepare and publish a contingency plan for responding to emergencies under this subsection. Such contingency plan shall include actions and responsibilities comparable to those specified in section 311(c)(2) of this Act. "(8) If emergency assistance is provided under this subsection in an emergency caused by the discharge of any pollutant subject to section 311 of this Act, the cost of such assistance shall, at the discretion

33 USC 1364.

Contingency fund, appropriation authorization.

Annual report to Congress.

Assistance criteria,

Contingency, plan publication, Ante, p. 1595. Costs,

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Page:United States Statutes at Large Volume 91.djvu/1642

 91 STAT. 1608

33 USC 1311, 1316, 1317, 1342, 1343. 33 USC 1319. Reports to Congress. 33 USC 1375.

PUBLIC LAW 95-217—DEC. 27, 1977 of the Administrator, be a cost of removal for the purposes of subsections (f) and (g) of such section, and added to any liability which may be imposed under subsection (b)(2) of such section. "(9) The cost of any emergency assistance provided under this subsection in an emergency caused by the discharge of a pollutant in violation of any requirement of section 301, 306, 307,402, or 403 of this Act, shall be recoverable from the owner or operator of the source of the discharge in an action brought under section 309 of this Act.". COMBINED SEWER OVERFLOWS

SEC. 70. Section 516 of the Federal Water Pollution Control Act is amended by adding at the end thereof a new'subsection as follows: "(c) The Administrator shall submit to the Congress by October 1, 1978, a report on the status of combined sewer overflows in municipal treatment works operations. The report shall include (1) the status of any projects funded under this Act to address combined sewer overflows (2) a listing by State of combined sewer overflow needs identified in the 1977 State priority listings, (3) an estimate for each applicable municipality of the number of years necessary, assuming an annual authorization and appropriation for the construction grants program of $5,000,000,000, to correct combined sewer overflow problems, (4) an analysis using representative municipalities faced with major combined sewer overflow needs, of the annual discharges of pollutants from overflows in comparison to treated effluent discharges, (5) an analysis of the technological alterna'tives available to municipalities to correct major combined sewer overflow problems, and (6) any recommendations of the Administrator for legislation to address the problem of combined sewer overflows, including whether a separate authorization and grant program should be established by the Congress to address combined sewer overflows.". UTILIZATION o r TREATED SLUDGE

Report to Congress.

33 USC 1254.

Consultation.

SEC. 71. Section 516 of the Federal Water Pollution Control Act is amended by adding at the end thereof a new subsection as follows: "(d) The Administrator shall submit to the Congress by October 1, 1978, a report on the status of the use of municipal secondary effluent and sludge for agricultural and other purposes that utilize the nutrient value of treated wastewater effluent. The report shall include (1) a summary of results of research and development programs, grants, and contracts carried out by the Environmental Protection Agency pursuant to sections 104 and 105 of this Act, regarding alternatives to disposal, landfill, or incineration of secondary effluent of sludge, (2) an estimate of the amount of sludge generated by public treatment works and its disposition, including an estimate of annual energy costs to incinerate sludge, (3) an analysis of current technologies for the utilization, reprocessing, and other uses of sludge to utilize the nutrient value of sludge, (4) legal, institutional, public health, economic, and other impediments to the greater utilization of treated sludge, and (5) any recommendations of the Administrator for legislation to encourage or require the expanded utilization of sludge for agricultural and other purposes. In carrying out this subsection, the Administrator shall consult with, and use the services of the Tennessee Valley Authority and other departments, agencies, and instrumentalities of the United States, to the extent it is appropriate to do so.".

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Page:United States Statutes at Large Volume 91.djvu/1643

 PUBLIC LAW 95-217—DEC. 27, 1977

91 STAT. 1609

WATER SUPPLY-WASTEWATER TREATMENT COORDINATION

SEC. 72. Section 516 of the Federal Water Pollution Control Act Report to is amended by adding at the end thereof the following new subsection: Congress, "(e) The Administrator, in cooperation with the States, including legislative recommendations. water pollution control agencies, and other water pollution control 33 USC 1375. planning agencies, and water supply and water resources agencies of the States and the United States shall submit to Congress, within two years of the date of enactment of this section, a report with recommendations for legislation on a program to require coordination between water supply and wastewater control plans as a condition to grants for construction of treatment works under this Act. No such report shall be Public hearing, submitted except after opportunity for public hearings on such proposed report.". EXISTING GUIDELINES

SEC. 73. Within 90 days after the date of enactment of this Act, the Review and Administrator shall review every effluent guideline promulgated prior adjustments, to the date of enactment of this Act which is final or interim final publication. (other than those applicable to industrial categories listed in table 2 33 USC 1314 note. of Committee Print Numbered 95-30 of the Committee on Public Works and Transportation of the House of Representatives) and which applies to those pollutants identified pursuant to section 304(a)(4) of the Federal Water Pollution Control Act. The Administrator shall Ante, p. 1587. review every guideline applicable to industrial categories listed in such table 2 on or before July 1, 1980. Upon completion of each such review the Administrator is authorized to make such adjustments in any such guidelines as may be necessary to carry out section 304(b)(4) of such Act. The Administrator shall publish the results of each such review, including, with respect to each such guideline, the determination to adjust or not to adjust such guideline. Any such determination by the Administrator shall be final except that if, on judicial review in accordance with section 509 of such Act, it is determined that the 33 USC 1369 Administrator either did not comply with the requirements of this section or the determination of the Administrator was based on arbitrary and capricious action in applying section 304(b)(4) of such Act to such guideline, the Administrator shall make a further review and redetermination of any such guideline. SEAFOOD PROCESSING STUDY

SEC. 74. The Administrator of the Environmental Protection 33 USC 1251 Agency shall conduct a study to examine the geographical, hydro- note. logical, and biological characteristics of marine waters to determine the effects of seafood processes which dispose of untreated natural wastes into such waters. In addition, such study shall examine technologies which may be used in such processes to facilitate the use of the nutrients in these wastes or to reduce the discharge of such wastes into the marine environment. The results of such study shall be sub- Submittal to mitted to Congress not later than January 1, 1979. COST RECOVERY STUDY

SEC. 75. (a) The Administrator of the Environmental Protection 33 USC 1284 Agency (hereafter in this section referred to as the "Administrator") note. shall study the efficiency of, and the need for, the payment by industrial users of any treatment works of that portion of the cost of

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Page:United States Statutes at Large Volume 91.djvu/1644

 91 STAT. 1610

Report to Congress.

Ante, p. 1574. Definitions. 33 USC 1251 note.

PUBLIC LAW 95-217—DEC. 27, 1977 construction of such treatment works (as determined by the Administrator) which is allocable to the treatment of industrial wastes to the extent attributable to the Federal share of the cost of construction. Such study shall include, but not be limited to, an analysis of the impact of such a system of payment upon rural communities and on industries in economically distressed areas or areas of high unemployment. No later than the last day of the twelfth month which begins after the date of enactment of this section, the Administrator shall submit a report to the Congress setting forth the results of such study. (b) During the period beginning on the date of enactment of this section and ending on the last day of the eighteenth month which begins after the date of enactment of this section (both dates inclusive), no officer or employee of the Federal Government shall enforce, or require any recipient of a grant under section 201(g)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1284) to enforce, any provision in an application for a grant or in a grant agreement under such section which requires any payments by industrial users pursuant to section 204(b)(1)(B) of such Act. (c) For purposes of this section, the terms "industrial user" and "treatment works" have the same meaning given such terms in the Federal Water Pollution Control Act. (d) Any payment by an industrial user which, but for subsection (b) of this section, was due and payable during the eighteen-month period described in such subsection shall after such eighteen-month period be paid in accordance with the applicable provisions of the Federal Water Pollution Control Act in equal annual installments prorated over the remaining useful life of the treatment works with respect to which they are required to be paid. LAKE CHELAN DELEGATION

33 USC 1344 note. 33 USC 1344. 33 USC 401, 403, 407.

SEC. 76. The Secretary of the Army, acting through the Chief of Engineers, is authorized to delegate to the State of Washington upon its request all or any part of those functions vested in such Secretary by section 404 of the Federal Water Pollution Control Act and by sections 9, 10, and 13 of the Act of March 3, 1899, relating to Lake Chelan, Washington, if the Secretary determines (1) that such State has the authority, responsibility, and capability to carry out such functions, and (2) that such delegation is in the public interest. Such delegation shall be subject to such terms and conditions as the Secretary deems necessary, including, but not limited to, suspension and revocation for cause of such delegation. SECONDARY TREATMENT FACILITY SITE

Land conveyance reimbursement.

Appropriation authorization.

SEC. 77. The Administrator of the Environmental Protection Agency shall reimburse the city of Boston, Massachusetts, an amount equal to 75 per centum, but not to exceed $1.5,000,000, of the cost of constructing a modern correctional detention facility on a site in such city, on condition that such city convey to the Commonwealth of Massachusetts all of its right, title, and interest in and to that real property owned by such city on Deer Island which is the site of the existing correctional detention facility for use by such Commonwealth as the site for a publicly owned treatment works providing secondary treatment. There is authorized to be appropriated $15,000,000 to carry out the purposes of this section. r = v;

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Page:United States Statutes at Large Volume 91.djvu/1645

 91 STAT. 1611

PUBLIC LAW 95-217—DEC. 27, 1977 TOTAL TREATMENT SYSTEM FUNDING

ij

SEC. 78. Notwithstanding any other provision of law, in any case 33 USC 1281a. where the Administrator of the Environmental Protection Agency finds that the total of all grants made under section 201 of the Federal Water Pollution Control Act for the same treatment works exceeds the 33 USC 1281. actual construction costs for such treatment works (as defined in that Act) such excess amount shall be a grant of the Federal share (as defined in that Act) of the cost of construction of a sewage collection system if— (1) such sewage collection system was constructed as part of the same total treatment system as the treatment works for which such section 201 grants Avere approved, and (2) an application for assistance for the construction of such sewage collection system was filed in accordance with section 702 of the Housing and Urban Development Act of 1965 (42 U.S.C. 3102) before all such section 201 grants were made and such section 702 grant could not be approved due to lack of funding under such section 702. The total of all grants for sewage collection systems made under this Limitation, section shall not exceed $2,800,000. Approved December 27, 1977.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 95-139 (Comm. on Public Works and Transportation) and 95-830 (Comm. of Conference). SENATE REPORT No. 95-370 accompanying S. 1952 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 123 (1977): Apr. 5, considered and passed House. Aug. 4, considered and passed Senate, amended, in lieu of S. 1952. Dec. 15, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 53: Dec. 28, Presidential statement.

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Page:United States Statutes at Large Volume 91.djvu/1646

 91 STAT. 1612

iic

PUBLIC LAW 95-218—DEC. 28, 1977

Public Law 95-218 95th Congress An Act

Dec. 28, 1977 fS 10631 ^

D.C. Revenue bonds, payment 47-254 ^

iwjjftjftt?

To amend the District of Columbia Self-Government and Governmental Reorganization Act with respect to the payment of certain revenue bonds issued by the Council of the District of Columbia.

Be it enacted by the Senate and Mouse of Representatives of the United States of America in Congress assembled, That section 490 of t;he District of Columbia Self-Government and Governmental Eeorganization Act, relating to revenue bonds and other obligations, is amended by adding at the end thereof the following new subsection: "(f) The fourth sentence of section 446 shall not apply to (1) the transfer to a private college or university of funds derived from the sale of any revenue bond, note, or other obligation issued pursuant to an act under this section solely to finance, or assist in the financing of, facilities for such college or university, or (2) the payment (as to either principal or interest or both) of any such bond, note, or other obligation.". Approved December 28, 1977,

.

-

o

^mtf

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-749 accompanying H.R. 9544 (Comm. on the District of Columbia). SENATE REPORT No. 95-227 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): May 26, considered and passed Senate. Nov. 2, considered and passed House, amended, in lieu of H.R. 9544. Dec. 15, Senate agreed to House amendments.

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Page:United States Statutes at Large Volume 91.djvu/1647

 PUBLIC LAW 95-219—DEC. 28, 1977

91 STAT. 1613

Public Law 95-219 95th Congress An Act To bring the governing international fishery agreement with Mexico within the purview of the Fishery Conservation Zone Transition Act. Be it enacted by the Senate and House of Representatives of the United States of America in Congress asseniblea, That section 2 of the Fishery Conservation Zone Transition Act (Public Law 95-6) is amended— ^1) by striking out "and" at the end of paragraph (9); (2) by inserting "and" immediately after the semicolon at the end of paragraph (10); (3) by inserting immediately after paragraph (10) the following new paragraph: "(11) the Government of Mexico Concerning Fisheries Off the Coasts of the United States, as contained in the message to Congress from the President of the United States dated October 7, 1977;"; and (4) by striking out "(10)" in the last sentence of such section and inserting in lieu thereof "(11)". SEC. 2. The amendments made by the first section of this Act shall take effect February 27, 1977. SEC. 3. (a)(1) Section 2 of Reorganization Plan Numbered 4 of 1970 (relating to the National Oceanic and Atmospheric Administration, 84 Stat. 2090) is amended to read as follows: "(e)(1) There shall be in the Administration a General Counsel and five Assistant Administrators, one of whom shall be the Assistant Administrator for Coastal Zone Management and one of whom shall be the Assistant Administrator for Fisheries. The General Counsel and each Assistant Administrator shall be appointed by the Secretary, subject to approval of the President, and shall be compensated at a rate now or hereafter provided for level V of the Executive Schedule Pay Rates (5 U.S.C. 5316). "(2) The General Counsel shall serve as the chief legal officer for all legal matters which may arise in connection with the conduct of the functions of the Administration. "(3) The Assistant Administrator for Coastal Zone Management shall be an individual who is, by reason of background and experience, especially qualified to direct the implementation and administration of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.). " (4) The Assistant Administrator for Fisheries shall be responsible for all matters related to living marine resources which may arise in connection with the conduct of the functions of the Administration.". (2) Subsection (a) of section 15 of the Coastal Zone Management Act Amendments of 1976 (15 U.S.C. 1511a) is repealed.

Dec. 28, 1977 [H.R. 9794] Fishery Conservation Zone Transition Act, amendment. 16 USC 1801 note. 16 USC 1823 note.

Effective date. 16 USC 1823 note. General Gounsel and Administrator for eoastal Zone Management. Appointment and approval. 5 USC app. 15 USC 1511 note.

Repeal.

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Page:United States Statutes at Large Volume 91.djvu/1648

 91 STAT. 1614

PUBLIC LAW 95-219—DEC. 28, 1977 (b) Section 5316 of title 6, United States Code, is amended by striking out paragraph (140) and inserting in lieu thereof the following new paragraphs: " (140) Assistant Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration. "(141) A^istant Administrator for Fisheries, National Oceanic and Atmospheric Administration. "(142) Assistant Administrators (3), National Oceanic and Atmospheric Administration. "(143) General Counsel, National Oceanic and Atmospheric Administration." (c) Section 5108(a) of title 5, United States Code, is amended by striking out "3293" and inserting in lieu thereof "3301".

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Approved December 28, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-783 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 123 (1977): Nov. 1, considered and passed House. Nov. 3, considered and passed Senate, amended; House disagreed to Senate amendment. Nov. 29, House receded and concurred in Senate amendment with an amendment. Dec. 15, Senate agreed to House amendment.

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Page:United States Statutes at Large Volume 91.djvu/1649

 PUBLIC LAW 95-220—DEC. 28, 1977

91 STAT. 1615

Public Law 95-220 95th Congress An Act To provide for the eflBcient and regular distribution of current information on Federal domestic assistance programs.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Federal Program Information Act". DEriNITIONS

SEC. 2. For the purpose of this Act, the term— (1) "assistance" refers to the transfer of money, property, services, or anything of value; the principal purpose of which is to accomplish a public purpose of support or stimulation authorized by Federal statute. Assistance includes, but is not limited to, grants, loans, loan guarantees, scholarships, mortgage loans, insurance or other types of financial assistance; provision or donation of Federal facilities, goods, services, property, technical assistance, and counseling, statistical and other expert information, and service activities of regulatory agencies; but does not include provision of conventional public information services; (2) "Federal agency" means an agency as defined by section 551 (1) of title 5, United States Code; (3) "Federal domestic assistance program" means any function of a Federal agency which provides assistance or benefits for a State or States, territorial possession, county, city, other political subdivision, grouping, or instrumentality thereof; any domestic profit or nonprofit corporation, institution, or individual, other than an agency of the Federal Government; and (4) "administering office" means the lowest subdivision of any Federal agency that has direct operational responsibility for managing a Federal domestic assistance program.

Dec. 28, 1977 [S. 904]

Federal Program Information Act. 31 USC 1701 note. 31 USC 1701.

DUTIES OP THE DIRECTOR

SEC. 3. The Director of the Office of Management and Budget (hereinafter referred to as the "Director") shall identify all existing Federal domestic assistance programs and provide information on each such program to the general public through electronic media as authorized under section 5 of this Act and through a printed catalog as authorized under section 6 of this Act. INFORMATION

Information, availability to public. 31 USC 1702.

REQUIREMENTS

SEC. 4. (a) The Director shall prepare and maintain a Federal Assistance Information Data Base (hereinafter referred to in this Act as the "data base"). For each Federal domestic assistance program the data base shall— (1) identify each such program by title, by authorizing statute, by administering office, and by an identifying number assigned by the Director;

Federal Assistance Information Data Base. 31 USC 1703.

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Page:United States Statutes at Large Volume 91.djvu/1650

 91 STAT. 1616

PUBLIC LAW 95-220—DEC. 28, 1977 (2) describe the program, the objectives of the program, and the types of activities which have been funded under the program; (3) describe the eligibility requirements, the formulas governing the distribution of funds, the types of assistance, the uses and restrictions on the use of assistance, and the obligations and duties of recipients under the program; (4) provide financial information, including the amount of funds appropriated for the current fiscal year or, if unavailable, the amount of funds requested by the President, and the amounts obligated, and the average amounts of awards made in past years; (5) identify information contacts including the administering office and regional and local offices and their addresses and telephone numbers; (6) provide a general description of any application requirements and procedures and, to the extent practical, an estimate of the time required to process the application. (b)(1) Each Federal agency shall furnish to the Director, at such times as the Director may determine, current information on all domestic assistance programs administered by such Federal agency. (2) The Director shall on a regular basis incorporate into the data base all relevant information received under paragraph (1) of this subsection.

Eligibility.

Financial information.

G>ntacts.

Application.

COMPUTERIZED PROGRAM INFORMATION SYSTEM

31 USC 1704.

Contracts.

Information, availability to public.

,,5,

31 USC 1705.

,

,

,

. ,

SEC. 5. (a) The Director shall establish and maintain a computerized information system to provide access to the data base. (b) The Director, to the ^eatest extent practicable, shall provide for the widespread availability of information contained in the data base, by computer terminals wherever available. (c) The Director, notwithstanding any other provision of law to the contrary, when he determines the efficiency of the information system established pursuant to subsection (a) of this section requires it, may enter into contracts with private organizations to obtain computer time-sharing services including, but not limited to, comj^uter telecommunications networks, computer software, and associated services. (d) The Director shall insure that the information available under this Act is made available to the public at a reasonable price. (e) The Director may develop information services to further assist State and local government officials identify or obtain sources of Federal assistance. CATALOG OF FEDERAL DOMESTIC ASSISTANCE PROGRAMS

SEC. 6. (a) The Director shall prepare and publish each year a catalog of Federal Domestic Assistance Programs (hereinafter referred to in this Act as the "catalog"). (b) The Director shall prepare and publish supplements to the catalog as necessary. (c) The Director may prepare and publish specialized compilations of the information in the catalog by function as necessary. (d) The catalog shall contain, in such form as the Director determines— (1) all substantive information on Federal domestic assistance programs that is in the data base at the time that the catalog is ' prepared;

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Page:United States Statutes at Large Volume 91.djvu/1651

 PUBLIC LAW 95-220—DEC. 28, 1977

91 STAT. 1617

(2) any other information which the Director considers may be helpful to potential applicants or beneficiaries under such programs; and (3) a detailed index. (e)(1) The Director shall make each catalog available to the public at a reasonable price. (2) There are authorized to be distributed, without cost, catalogs Distribution, to Members of Congress, Delegates, Resident Commissioners, agencies, State and general purpose units of local government, federally recognized Indian tribes. Federal deposit libraries, and other local repositories designated by the Director. TRANSFER PROVISION

SEC. 7. The Director is authorized to transfer to the Office of Man- 31 USC 1706. agement and Budget all personnel, books, records, and other documents of the Department of Agriculture of any kind or description which he determines to be principally held or engaged in the operation and function of the Federal Assistance Programs Retrieval System (FAPES). AUTHORIZATION OF APPROPRIATIONS

SEC. 8. There are hereby authorized to be appropriated $900,000 31 USC 1707. for fiscal year 1978, $1,000,000 for fiscal year 1979, and $1,000,000 for fiscal year 1980. FEDERAL INFORMATION SYSTEMS STUDY

SEC. 9. The Director of the Office of Management and Budget shall conduct a study of existing Federal information systems that provide fiscal, budgetary, and program-related data, statistics, and information on grant awards and shall report to the Congress, within one year from the date of enactment of this Act, his recommendations for appropriate dissemination of Federal financial information, a summary of all executive branch actions taken within the year to consolidate, reorganize, and improve the existing financial information system, and his recommendations for statutory changes necessary to further develop and improve methods for the dissemination of Federal financial information, using modern communications technology. Approved December 28, 1977.

LEGISLATIVE HISTORY: HOUSE REPORT No. 95-341 accompanying H.R. 6257 (Coram, on Government Operations). SENATE REPORT No. 95-135 (Comm. on Governmental Affairs). CONGRESSIONAL RECORD, Vol. 123 (1977): May 17, considered and passed Senate. Sept. 27, considered and passed House, amended, in lieu of H.R. 6257. Dec. 15, Senate concurred in House amendment.

Report to Congress. 31 USC 1708.

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Page:United States Statutes at Large Volume 91.djvu/1652

 91 STAT. 1618

PUBLIC LAW 95-221—DEC. 28, 1977

Public Law 95-221 95th Congress Joint Resolution Dec. 28, 1977 [H.J. Res. 674]

95th Congress. Second session. Reports to Congress.

Relative to the convening of the second session of the Ninety-flfth Congress, and for other purposes.

Resolved by the Senate atid House of Representatives of the United States of America in Congress assembled, That the second regular session of the Ninety-fifth Congress shall begin at 12 o'clock meridian on Thursday, January 19, 1978. SEC. 2. That (a) notwithstanding the provisions of section 201 of the Act of June 10, 1922, as amended (31 U.S.C. section 11), the President shall transmit to the Congress not later than January 23, 1978, the budget for the fiscal year 1979, and (b) notwithstanding the provisions of section 3 of the Act of February 20, 1946, as amended (16 U.S.C. section 1022), the President shall transmit to the Congress not later than January 23, 1978, the Economic Report. Approved December 28, 1977.

LEGISLATIVE HISTORY: CONGRESSIONAL RECORD, Vol. 123 (1977): Dec. 15, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 91.djvu/1653

 PUBLIC LAW 95-222—DEC. 28, 1977

91 STAT. 1619

Public Law 95-222 95th Congress An Act To amend the Legal Services Corporation Act to provide authorization of appropriations for additionalfiscalyears, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemdted, SECTION 1. This Act may be cited as the "Legal Services Corporation Act Amendments of 1977". DECLARATION OP PURPOSE

Dec. 28, 1977 [H.R. 6666] Legal Services Corporation Act Amendments of 1977. 42 USC 2701 note.

SEC. 2. Section 1001 of the Legal Services Corporation Act (42 U.S.C. 2996) is amended by inserting before the semicolon at the end of paragraph (3) "and assist in improving opportunities for lowincome persons consistent with the purposes of this Act". MEMBERSHIP OF GOVERNING BOARD

SEC. 3. Section 1004(a) of the Legal Services Corporation Act (42 Appointment. U.S.C. 2996c(a)) is amended by inserting at the end thereof the following new sentence: "Effective with respect to appointments made after the date of enactment of the Legal Services Corporation Act Amendments of 1977 but not later than July 31, 1978, the membership of the Board shall be appointed so as to include eligible clients, and to be generally representative of the organized bar, attorneys providing legal assistance to eligible clients, and the general public". SUNSHINE PROVISION

SEC. 4. Section 1004(g) of the Legal Services Corporation Act (42 U.S.C. 2996c (g)) is amended by striking out all that follows "open" and inserting in lieu thereof "and shall be subject to the requirements and provisions of section 552b of title 5, United States Code (relating to open meetings).". SUPPORT ASSISTANCE

SEC. 5. (a) Paragraph (3) of section 1006(a) of the Legal Services Corporation Act (42 U.S.C. 2996e(a)(3)) is amended by striking out "and not" and inserting in lieu thereof a comma and "or". (b) Section 1006(a)(3)(A) of the Legal Services Corporation Act (42 U.S.C. 2996e(a)(3)(A)) is amended by inserting at the end thereof the following: "except that broad general legal or policy research unrelated to representation of eligible clients may not be undertaken by grant or contract,". (c) Section 1010 of the Legal Services Corporation Act (42 U.S.C. 29961) is amended by adding at the end thereof the following new subsection: "(d) Not more than 10 percent of the amounts appropriated pursuant to subsection (a) of this section for any fiscal year shall be available for grants or contracts under section 1006(a)(3) in any such Supra. year.".

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Page:United States Statutes at Large Volume 91.djvu/1654

 91 STAT. 1620

PUBLIC LAW 95-222—DEC. 28, 1977

POWERS, DUTIES, AND LIMITATIONS OF THE CORPORATION AND RECIPIENTS

Review

IvT.

Appointment without compensation.

SEC. 6. (a) Section 1006(b)(1) of the Legal Services Corporation Act (42 U.S.C. 2996e(b)(1)) is amended by inserting " (A) " after "SEC. 1006. (b)(1)" and by adding at the end thereof the following new subparagraph: "(B) No question of whether representation is authorized under this title, or the rules, regulations or guidelines promulgated puryt suant to this title, shall be considered in, or affect the final disposition of, any proceeding in which a person is represented by a, recipient or an employee of a recipient. A litigant in such a proceeding may refer any such question to the Corporation which shall review and dispose of the question promptly, and take appropriate action. This subparagraph shall not preclude judicial review available under applicable law.". (b) Section 1006(c)(1) of the Legal Services Corporation Act (42 U.S.C. 2996e(c)(1)) is amended to read as follows: - wi " (1) participate in litigation unless the Corporation or a recipient of the Corporation is a party, or a recipient is representing an eligible client in litigation in which the interpretation of this title or a regulation promulgated under this title is an issue, and shall not participate on behalf of any client other than itself; or". (c) Section 1006(d) of the Legal Services Corporation Act (42 U.S.C. 2996e(d)) is amended by adding at the end thereof the following new paragraph: "(6) Attorneys employed by a recipient shall be appointed to provide legal assistance without reasonable compensation only when such appointment is made pursuant to a statute, rule, or practice applied generally to attorneys practicing in the court where the appointment is made.. ACTIVITIES OF STAFF ATTORNEYS

SEC. 7. (a) Paragraph (2) of section 1006(e) of the Legal Services Corporation Act (42 U.S.C. 2996e(e)(2)) is amended b;y^ inserting "and staff attorneys" after "Corporation", and by inserting before the period at the end thereof a comma and the following: "except that no staff attorney may be a candidate in a partisan political election". (b) Section 1007(a)(6) of the Legal Services Corporation Act (42 U.S.C. 2996f (a)(6)) is amended by striking out the matter following clause (C). ,

REIMBURSEMENT FOR SUCCESSFUL DEFENDANTS

SEC. 8. The fifst sentence of section 1006(f) of the Legal Services Corporation Act (42 U.S.C. 2996e(f)) is amended by striking out "may" and inserting in lieu thereof "shall". . >.C* i "

ASSISTANCE CRITERIA

SEC. 9. (a) Paragraph (2)(B) (iv) of section 1007(a) of the Legal Services Corporation Act (42 U.S.C. 2996f (a)(2)(B) (iv)) is amended to read as follows: "(iv) such other factors as relate to financial inability to afford legal assistance, which may include evidence of a prior determination that such individual's lack of income results from refusal or unwillingness, without good cause, to seek or accept an employment situation; and".

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Page:United States Statutes at Large Volume 91.djvu/1655

 PUBLIC LAW 95-222—DEC. 28, 1977

91 STAT. 1621

(b)(1) Paragraph (2)(C) of section 1007(a) of the Legal Services Corporation Act (42 U.S.C. 2996f (a)(2)(C)) is amended to read as follows: " (C) insure that (i) recipients, consistent with goals established by the Corporation, adopt procedures for determining and implementing priorities for the provision of such assistance, taking into account the relative needs of eligible clients for such assistance (including such outreach, training, and support services as may be necessary), including particularly the needs for service on the part of significant segments of the population of eligible clients with special difficulties of access to legal services or special legal problems (including elderly and handicapped individuals); and (ii) appropriate training and support services are provided in order to provide such assistance to such significant segments of the population of eligible clients;". (2) Section 1008(c) of the Legal Services Corporation Act (42 Annual report, U.S.C. 2996g(c)) is amended by adding at the end thereof the fol- contents, lowing new sentence: "Such report shall include a description of services provided pursuant to section 1007(a)(2)(C)(i) and (ii).". Supra. (c) Paragraph (5) of section 1007(a) of the Legal Services Corporation Act (42 U.S.C. 2996f (a)(5)) is amended to read as follows: "(5) insure that no funds made available to recipients by the Corporation shall be used at any time, directly or indirectly, to influence the issuance, amendment, or revocation of any executive order or similar promulgation by any Federal, State, or local agency, or to undertake to influence the passage or defeat of any legislation by the Congress of the United States, or by any State or local legislative bodies, or State proposals by initiative petition, except where— "(A) representation by an employee of a recipient for any eligible client is necessary to the provision of legal advice and representation with respect to such client's legal rights and responsibilities (which shall not be construed to permit an attorney or a recipient employee to solicit a client, in violation of professional responsibilities, for the purpose of making such representation possible); or "(B) a governmental agency, legislative body, a committee, or a member thereof—-, "(i) requests personnel of the recipient to testify, draft, or review measures or to make representations to such agency, body, committee, or member, or "(ii) is considering a measure directly affecting the activities under this title of the recipient or the Corporation.". LIMITATIONS ON USE OF FUNDS

SEC. 10. Section 1007(b) of the Legal Services Corporation Act (42 U.S.C. 2996f (b)) is amended to read as follows: "(b) No funds made available by the Corporation under this title, either by grant or contract, may be used— "(1) to provide legal assistance (except in accordance with guidelines promulgated by the Corporation) with respect to any fee-generating case (which guidelines shall not preclude the provision of legal assistance in cases in which a client seeks only statutory benefits and appropriate private representation is not available);

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Page:United States Statutes at Large Volume 91.djvu/1656

 91 STAT. 1622

PUBLIC LAW 95-222—DEC. 28, 1977

-

f

.. . 50 USC app. ^^^-

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"(2) to provide legal assistance with respect to any criminal proceeding, except to provide assistance to a person charged with a misdemeanor or lesser offense or its equivalent in an Indian tribal court; "(3) to provide legal assistance in civil actions to persons who have been convicted of a criminal charge where the civil action arises out of alleged acts or failures to act and the action is brought against an officer of the court or against a law enforcement official for the purpose of challenging the validity of the criminal conviction; " (4) for any of the political activities prohibited in paragraph (6) of subsection (a) of this section; "(5) to make grants to or enter into contracts with any private law firm which expends 50 percent or more of its resources and time litigating issues in the broad interests of a majority of the public; "(6) to support or conduct training programs for the purpose of advocating particular public policies or encouraging political activities, labor or antilabor activities, boycotts, picketing, strikes, and demonstrations, as distinguished from the dissemination of information about such policies or activities, except that this provision shall not be construed to prohibit the training of attorneys or paralegal personnel necessary to prepare them to provide adequate legal assistance to eligible clients; "(7) to initiate the formation, or act as an organizer, of any association, federation, or similar entity, except that this paragraph shall not be construed to prohibit the provision of legal assistance to eligible clients; "(8) to provide legal assistance with respect to any proceeding or litigation which seeks to procure a nontherapeutic abortion or to compel any individual or institution to perform an abortion, or assist in the performance of an abortion, or provide facilities for the performance of an abortion, contrary to the religious beliefs or moral convictions of such individual or institution; "(9) to provide legal assistance with respect to any proceeding or litigation relating to the desegregation of any elementary or secondary school or school system, except that nothing in this paragraph shall prohibit the provision of legal advice to an eligible client with respect to such client's legal rights and responsibilities; or " (10) to provide legal assistance with respect to any proceeding or litigation arising out of a violation of the Military Selective Service Act or of desertion from the Armed Forces of the United States, except that legal assistance may be provided to an eligible client in a civil action in which such client alleges that he was improperly classified prior to July 1, 1973, under the Military Selective Service Act or prior corresponding law.". GOVERNING

BODIES OF

RECIPIENTS

SEC. 11. Section 1007(c) of the Legal Services Corporation Act (42 U.S.C. 2996f(c)) is amended by striking out "and which includes at least one individual eligible to receive legal assistance under this title." and inserting in lieu thereof "and at least one-third of which consists of persons who are, when selected, eligible clients who may also be representatives of associations or organizations of eligible clients.".

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Page:United States Statutes at Large Volume 91.djvu/1657

 PUBLIC LAW 95-222—DEC. 28, 1977

91 STAT. 1623

NOTIFICATION

SEC. 12. Section 1007(f) of the Legal Services Corporation Act (42 U.S.C. 2996f (f)) is amended by striking all that follows "Governor" and inserting in lieu thereof a comma and: "the State bar association of any State, and the principal local bar associations (if there be any) of any community, where legal assistance will thereby be initiated, of such grant, contract, or project. Notification shall include a reasonable description of the grant application or proposed contract or project and request comments and recommendations.". ELIGIBLE C L I E N T S ' SPECIAL NEEDS ASSESSMENT STUDY

SEC. 13. Section 1007 of the Legal Services Corporation Act (42 U.S.C. 2996f) is amended by adding at the end thereof the following new subsection: "(h) The Corporation shall conduct a study on whether eligible clients who are— "(1) veterans, " (2) native Americans, " (3) migrants or seasonal farm workers, " (4) persons with limited English-speaking abilities, and " (5) persons in sparsely populated areas where a harsh climate and an inadequate transportation system are significant impediments to receipt of legal services have special difficulties of access to legal services or special legal problems which are not being met. The Corporation shall report to Report to Congress not later than January 1, 1979, on the extent and nature of Congress, any such problems and difficulties and shall include in the report and implement appropriate recommendations.". AUDITS AND RECORDKEEPING

SEC. 14. Paragraph (2) of section 1009(b) of the Legal Services Corporation Act (42 U.S.C. 2996h(b)(2)) is amended by striking out the period at the end of the last sentence and inserting in lieu thereof "throughout the period beginning on the date such possession or custody commences and ending three years after such date, but the General Accounting Office may require the retention of such books, accounts, financial records, reports, files, papers, or property for a longer period under section 117(b) of the Accounting and Auditing Act of 1950 (31 U.S.C. 67 (b)).". FINANCING

SEC. 15. (a) Section 1010(a) of the Legal Services Corporation Act Appropriation (42 U.S.C. 29961 (a)) is amended by inserting after the first sentence authorization, the following new sentence: "There are authorized to be appropriated for the purpose of carrying out the activities of the Corporation $205,000,000 for the fiscal year 1978, and such sums as may be necessary for each of the two succeeding fiscal years.". (b) The last sentence of section 1010(a) of the Legal Services Corporation Act (42 U.S.C. 2996i(a)) is amended to read as follows: "Appropriations for that purpose shall be made for not more than two fiscal years, and shall be paid to the Corporation in annual installments at the beginning of each fiscal year in such amounts as may be specified in Acts of Congress making appropriations.".

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