CONGRESSIONAL RECORD -- SENATE
January 15, 1969
Page 788
S. 7 -- INTRODUCTION OF BILL -- THE 1969 WATER QUALITY IMPROVEMENT ACT
Mr. MUSKIE. Mr. President, on behalf of myself and Senators RANDOLPH, BAKER, BOGGS, BURDICK, BYRD of West Virginia, CASE, COOPER, DODD, ERVIN, FONG, HART, INOUYE, KENNEDY, MAGNUSON, MANSFIELD, METCALF, MONDALE, MONTOYA, MOSS, NELSON, RIBICOFF, SPONG, TYDINGS, WILLIAMS of New Jersey, and YOUNG, I introduce the Water Quality Improvement Act of 1969.
When the Congress adjourned last year, legislation substantially similar to this bill was a part of its unfinished business. Since the end of the 90th Congress, the Water Quality Improvement Act has been redrafted to clarify some misconceptions about its predecessor and to incorporate provisions passed in bath the House and the Senate versions of the bill. Except for deletion of the financing provision of last year's bill, which will be submitted as separate legislation, this
year's legislation follows the essential pattern of last year's.
This legislation is designed to deal with three major sources of pollution which continue to damage our water resources: oil pollution, vessel pollution, and thermal pollution.
Frequent oil spills from vessels and from on- and off-shore petroleum facilities have ruined beaches and lowered the quality of our rivers and shore waters and have put in jeopardy animal and vegetable life. The spills from the Torrey Canyon and the Ocean Eagle have been spectacular examples of this danger, but the damage of continuous but unpublicized lesser accidents and intentional dumping is steadily increasing. It can no longer be tolerated.
Too often, the Government has been unable to react quickly enough to control the situation, or has not been informed of the incident. Frequently, the offenders have made no attempt to clean up the spill and have gone unpunished. This bill attempts to correct these deficiencies.
As pleasure boating becomes an increasingly popular recreation, more and more untreated sewage is dumped in our rivers, lakes, and oceans. Combined with increased wastes from commercial vessels, this pollution has created health hazards in waters previously known for their beauty and high quality.
Those who benefit from our water resources for trade or recreation must also accept the responsibility for preserving and enhancing its quality. The Water Quality Improvement Act provides for the establishment of standards of performance for vessel waste treatment systems to prevent the discharge of untreated or inadequately treated sewage from these sources.
Finally, this bill recognizes the responsibility of Federal agencies to protect water quality wherever their activities, including assistance or authorization for activities by public or private bodies, affect public waterways. I would like to call particular attention to the problem of thermal pollution and the responsibilities of the Atomic Energy Commission in connection with the licensing of nuclear powerplants.
Thermal pollution can seriously and adversely affect the ecological balance of the receiving waters, and a sufficient body of evidence exists to require control. However, the AEC has not considered these factors in passing on the site selection and construction design of nuclear powerplants.
Under the terms of this bill, no Federal agency shall issue a license or permit for any activity which may affect water quality until it has determined from the appropriate State agency or the Secretary of the Interior that the proposed activity will be designed to insure compliance with applicable water quality standards.
In the past, these licenses and permits have been granted without any assurance that the standards will be met or even considered.
In the past 8 years, Congress has maintained that the effort to clean up our Nation's waters requires the most urgent commitment of organization, planning, engineering skill, and funds directed toward improvement of the quality of our environment. We have acknowledged the need for clean water in the broadest sense. But the demand for clean water is so great and is growing so fast that we cannot afford to overlook any opportunity to increase the available supply of water, or to prevent and control sources of pollution which threaten the existing supply.
The legislation which I now introduce will help insure that clean water will be available when it is needed.
I hope that Congress will move swiftly on this bill. There are few tasks as urgent or responsibilities as great.
Mr. President, I ask unanimous consent that the text of the bill be inserted in the RECORD at this point.
The PRESIDING OFFICER. The bill will be received and appropriately referred; and, without objection, the bill will be printed in the RECORD.
The bill (S. 7) to amend the Federal Water Pollution Control Act, as amended, and for other purposes, introduced by Mr. MUSKIE, for himself and other Senators, was received, read twice by its title, referred to the Committee on Public Works, and ordered to be printed in the RECORD, as follows:
S. 7
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 "Water Quality Improvement Act of 1969".
SEC. 2. Sections 17 and 18 of the Federal Water Pollution Control Act, as amended, are hereby repealed. Section 19 of the Federal Water Pollution Control Act, as amended, is redesignated as section 20. Sections 11 through 16 of the Federal Water Pollution Control Act, as amended, are redesignated as sections 14 through 19. The Federal Water Pollution Control Act, as amended, is further amended by inserting after section 10 three new sections to read as follows:
"CONTROL OF SEWAGE FROM VESSELS "SEC. I1. (a) For the purpose of this section, the term
"(1) 'new vessel' includes every description of water craft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters of the United States, the construction of which is completed after promulgation of standards and regulations under this section;
"(2) 'existing vessel' includes every description of water craft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters of the United States, the construction of which has been completed before promulgation of standards and regulations under this section;
"(3) 'public vessel' means a vessel owned or bare boat chartered and operated by the United States, by a State or political subdivision thereof, or by a foreign nation or by a political subdivision thereof, except in any case in which such vessel is used primarily to carry freight or passengers to or engage in commercial fishing;
"(4) 'United States' includes the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands;
"(5) 'marine sanitation device' means any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage;
"(6) 'sewage' means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes;
"(7) 'manufacturer' means any person engaged in the manufacturing, assembling, or importation of marine sanitation devices or of vessels having installed on board such devices; and
"(8) 'person' means an individual, partnership, firm, corporation, or association, but does not include an individual on board a public vessel.
"(b) (1) As soon as possible after the enactment of this section, the Secretary, after consultation with the Secretary of the department in which the Coast Guard is operating, after giving appropriate consideration to the economic costs involved and within the limits of available technology, shall promulgate Federal standards of performance for marine sanitation devices (hereinafter referred to as 'standards') which shall be designed to prevent the discharge of untreated or inadequately treated sewage into or upon the navigable waters of the United States from new vessels and existing vessels, except vessels not equipped with installed toilet facilities. Such standards shall be consistent with maritime safety and the marine and navigation laws and regulations shall be coordinated with the regulations issued under this subsection by the Secretary of the department in which the Coast Guard is operating. The Secretary of the department in which the Coast Guard is operating shall promulgate regulations, which are consistent with the standards issued under this subsection and with maritime safety and the marine and navigation laws and regulations, governing the design, construction, installation, and operation of any marine sanitation device on board such vessels.
"(2) Any existing vessel equipped with a device or devices installed pursuant to the requirements of State statute, regulation, or recommended levels of control set forth in the Handbook on Sanitation and Vessel Construction (Public Health Service, 1965) prior to the promulgation of the initial standards and regulations required by this section shall be deemed in compliance with this section until such time as the device or devices are replaced or are found not to be in compliance with such State statute, regulation, or recommended level.
"(c) (1) Initial standards and regulations under this section shall become effective for new vessels two years after promulgation; but not earlier than December 31, 1971, and for existing vessels five years after promulgation. Revisions of standards and regulations shall be effective upon promulgation, unless another effective date is specified.
"(2) The Secretary and the Secretary of the department in which the Coast Guard is operating with regard to their respective regulatory authority established by this section, may distinguish among classes, types, and sizes of vessels as well as between new and existing vessels, and may waive applicability of standards and regulations as necessary or appropriate for such classes, types, and sizes of vessels and upon application, for individual vessels.
"(d) The provisions of this section and the standards and regulations promulgated thereunder shall apply to vessels owned and operated by the United States unless the Secretary of Defense finds that compliance would not be in the interest of national security.
"(e) Before the standards and regulations under this section are promulgated, the Secretary and the Secretary of the department in which the Coast Guard is operating shall consult with the Secretary of State; the Secretary of Health, Education, and Welfare; the Secretary of Defense; the Secretary of Commerce; other interested Federal agencies; and the States and industries interested; and otherwise comply with the requirements of section 553 of title 5 of the United States Code.
"(f) (1) After the effective date of this section, no State or political subdivision thereof shall adopt or enforce any statute or regulation with respect to the use of any marine sanitation device with any vessel subject to the provisions of this section, except as provided in this subsection.
"(2) Any State or political subdivision thereof having, on the effective date of this section, any statute or regulation with respect to such a device may continue to enforce such statute or regulation unless the Secretary or the Secretary of the department in which the Coast Guard is operating determines, in accordance with section 553, title 5 of the United States Code, that said statute or regulation is inconsistent or in conflict with any standard or regulation promulgated under this section. Any such determination shall be subject to judicial review in the United States Court of Appeals for the circuit in which such State or subdivision is located and such court shall have jurisdiction to hear and decide such matters.
"(g) (1) No manufacturer of a marine sanitation device shall sell, offer for sale, or introduce or deliver for introduction in interstate commerce, or import into the United States for sale or resale any marine sanitation device manufactured after the effective date of the standards and regulations promulgated under this section unless such device is in all material respects substantially the same as a test device certified under this subsection.
"(2) Upon application of the manufacturer, the Secretary of the department in which the Coast Guard is operating shall so certify a marine sanitation device if he determines, in accordance with the provisions of this paragraph, that it meets the appropriate standards and regulations promulgated under this section. The Secretary of the department in which the Coast Guard is operating shall test or require such testing of the device in accordance with procedures set forth by the Secretary as to standards of performance and for such other purposes as may be appropriate. The Secretary, upon notification of the results of such tests, shall determine if such results are in accordance with the appropriate performance standards promulgated under this section and shall notify the Secretary of the department in which the Coast Guard is operating of his determination. Upon such notification the Secretary of the department in which the Coast Guard is operating, if he determines that the device is satisfactory from the standpoint of safety and any other requirements of maritime law or regulation, and after consideration of the design, installation, operation, material, or other appropriate factors, shall certify the device. Any device manufactured by such manufacturer which is in all material respects substantially the same as the certified test device shall be deemed to be in conformity with the appropriate standards and regulations established under this section.
"(3) Every manufacturer shall establish and maintain such records, make such reports, and provide such information as the Secretary or the Secretary of the department in which the Coast Guard is operating may reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with this section and regulations thereunder and shall, upon request of an officer or employee duly designated by the Secretary or the Secretary of the department in which the Coast Guard is operating, permit such officer or employee at reasonable times to have access to and copy such records. All information reported to, or otherwise obtained by, the Secretary or the Secretary of the department in which the Coast Guard is operating or their representatives pursuant to this subsection which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this section.
"(h) After the effective date of standards and regulations promulgated under this section, it shall be unlawful
"(1) for the manufacturer of any vessel subject to such standards and regulations to manufacture for sale, to sell or offer for sale, or to distribute for sale or resale any such vessel unless it is equipped with a marine sanitation device which is in all material respects substantially the same as the appropriate test device certified pursuant to this section;
"(2) for any person, prior to the sale or delivery of a vessel subject to such standards and regulations of the ultimate purchaser, wrongfully to remove or render inoperative any certified marine sanitation device or element of design of such device installed in such vessel;
"(3) for any person to fail or refuse to permit access to or copying of records or to fail . to make reports or provide information required under this section; and
"(4) for a vessel subject to such standards and regulations to discharge sewage into or upon the navigable waters of the United States, except with the use of a marine sanitation device certified pursuant to this section.
"(f) The district courts of the United States shall have jurisdiction to restrain violators of subsection (h) (1) through (3) of this section. Actions to restrain such violators shall be brought by, and in, the name of the United States. In any such action, subpenas for witnesses who are required to attend a district court in any district may run into any other district.
"(j) Any person who violates clauses (1) or (2) of subsection (h) of this section shall be liable to a civil penalty of not more than $5,000 for each violation. Any person who violates clause (4) of subsection (h) of this section shall be liable to a civil penalty of not more than $2,000 for each violation. Each violation shall be a separate offense. The Secretary of the department in which the Coast Guard is operating may assess and compromise any such penalty. In determining the amount of the penalty, of the amount agreed upon in compromise, the gravity of the violation, and the demonstrated good faith of the person charged in attempting to achieve rapid compliance after notification of a violation shall be considered by said Secretary.
"(k) The provisions of this section shall be enforced by the Secretary of the department in which the Coast Guard is operating and he may utilize by agreement, with or without reimbursement, law-enforcement officers or other personnel and facilities of the Secretary, other Federal agencies, or the States to carry out the provisions of this section.
"(l) Anyone authorized by the Secretary of the department in which the Coast Guard is operating to enforce the provisions of this section may except as to public vessels, (1) board and inspect any vessel upon the navigable waters of the United States, (2) with or without a warrant arrest any person who violates the provisions of this section or any regulation issued thereunder in his presence or view, and (3) execute any warrant or other process issued by an officer or court of competent jurisdiction.
"(m) In the case of Guam, actions arising under this section may be brought in the district court of Guam, and in the case of the Virgin Islands such actions may be brought in the district court of the Virgin Islands. In the case of American Samoa and the Trust Territory of the Pacific Islands, such actions may be brought in the District Court of the United States for the District of Hawaii and such court shall have jurisdiction of such actions.
"CONTROL OF OIL DISCHARGES
"SEC. 12. (a) For the purpose of this section, the term-
" (1) 'oil' means oil of any kind or in any form including, but not limited to, petroleum, fuel, oil, sludge, oil refuse, and oil mixed with wastes other than dredged spoil;
"(2) 'discharge' means any spilling, leaking, pumping, pouring, emitting, emptying, or dumping;
"(3) 'vessel' includes every description of water craft or other artificial contrivance used, or capable of being used, as a means of transportation on water;
"(4) 'public vessel' means a vessel owned or bare boat chartered and operated by the United States, or by a State or political subdivision thereof, or by a foreign nation or political subdivision thereof, except in any case in which such vessel is used primarily to carry freight or passengers or to engage in commercial fishing;
"(5) 'United States' includes the Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin Islands, and the Trust Territory of the Pacific Islands;
"(6) 'owner or operator' means any person owning, operating, or chartering by demise, a vessel; and
"(7) 'person' includes an individual, firm, corporation, association, or partnership.
"(b) (1) Except in case of an emergency imperiling life or property or an act of war, or an unavoidable accident, collision, or stranding, or act of sabotage, or except as otherwise permitted by regulations issued by the Secretary under this section, any owner or operator who, either directly or through any person, whether or not his servant or agent, concerned in the operation, navigation, or management of the vessel, discharges or permits the discharge of oil from a vessel by any method, means, or manner into or upon the navigable waters of the United States or adjoining shorelines, shall be punished in accordance with the provisions of this subsection.
"(2) The owner or operator of any vessel (other than a public vessel), or any such vessel which willfully or negligently discharges oil in violation of paragraph (1) of this subsection shall be assessed a civil penalty by the Secretary of not more than $10,000 for each offense. Each violation is a separate offense. Any such civil penalty may be compromised by the Secretary. In determining the amount of the penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the owner or operator of the vessel charged, the effect on the owner or operator's ability to continue in business, and the gravity of the violation, shall be considered by the Secretary. The district director of customs at the port or place of departure from the United States shall withhold, at the request of the Secretary, the clearance required by section 4197 of the Revised Statutes of the United States, as amended (46 U.S.C. 91), of any vessel subject to the foregoing penalty. Clearance may be granted in such cases upon the filing of a bond or other surety satisfactory to the Secretary. Such penalty shall constitute a maritime lien on such vessel which may be recovered by action in rem in the district court of the United States for any district within which such vessel may be found.
"(c) (1) Any person who discharges or permits or causes or contributes to the discharge of oil in substantial quantities from any source into or upon the navigable waters of the United States or adjoining shorelines, shall immediately notify the Secretary or his delegate of such discharge. Any person subject to the jurisdiction of the United States who knowingly fails to make such notification immediately shall, upon conviction, be fined not more than $5,000, or imprisoned not more than one year, or both
" (2) Whenever advice is received of any discharge of oil into or upon any waters,
shorelines, or beaches, the United States may, unless arrangements for removal of the discharged oil have been made pursuant to paragraph (4) or (5), remove or arrange for the removal thereof in accordance with the regulations prescribed under subsection (g) of this section when, in the judgment of the Secretary, such oil presents a pollution hazard to the public health or welfare of the United States, including, but not limited to, fish, shellfish, and wildlife, or to shorelines and beaches of the United States.
"(3) There is hereby authorized to be appropriated to a revolving fund to be established in the Treasury to carry out the provisions of paragraphs (2) (4) or (5) of this subsection such sums as may be necessary. Any funds received by the United States under this section shall also be deposited in said fund for such purposes. All sums appropriated to, or deposited in, said fund shall remain available until expended.
"(4) The owner or operator of any vessel who, either directly or through any person, whether or not his servant or agent, concerned in the operation, navigation, or management of the vessel, willfully or negligently discharges or permits or causes or contributes to the discharge of oil into or upon the navigable waters of the United States or adjoining shorelines shall immediately remove such oil from such waters or shorelines in accordance with the regulations issued under this section. If such oil is not removed the Secretary is authorized to remove it, and such owner or operator, and, as appropriate, the vessel shall be liable to the United States for the full amount of the actual costs reasonably incurred under this subsection for the removal of such oil by the United States. Such aggregate liability under this paragraph for the cost of removal of discharged oil or matter shall not exceed $15,000,000 or $450 per registered gross ton of Such offending vessel, whichever is the lesser amount. The district director of customs at the port or place of departure from the United States shall withhold, at the request of the Secretary, the clearance required by section 4197 of the Revised Statutes of the United States, as amended (46 U.S.C. 91), of a vessel, other than a public vessel, liable for such costs until such costs are paid or until a bond or other surety satisfactory to the Secretary is posted. Such costs shall constitute a maritime lien on such vessel which may be recovered in an action in rem in the district court of the United States for any district within which such vessel may be found.
"(5) Any person who owns or operates an onshore or offshore facility, other than a vessel, of any kind, who either directly or through any person, whether or not his servant or agent, concerned in the operation or management of such facility, willfully or negligently discharges or permits or causes or contributes to the discharge of oil into or upon the navigable waters of the United States or adjoining shorelines shall immediately remove such oil from such waters or shorelines in accordance with the regulations issued under this section. If such oil is not removed the Secretary is authorized to remove it, and such person shall be liable to the United States for the full amount of the actual costs reasonably incurred by the Secretary for such removal. Such aggregate liability under this paragraph shall not exceed $15,000,000.
"(6) The removal of oil under this subsection shall be carried out in accordance with the regulations prescribed under subsection (e) of this section.
"(7) For the purpose of insuring the efficient and economic removal of oil under subsection, (c) (2) of this section, the President shall within ninety days after enactment of this subsection, delegate, by agreement, to the Secretary, the Secretary of the department in which the Coast Guard is operating, the Secretary of Defense, and other appropriate Federal agencies all or part of
the responsibility under subsection (c) (2) of this section for removing discharged oil, in accordance with a national contingency plan or revision thereof, approved by the President, establishing procedures to be followed in removing such oil. The Secretary is authorized to make, from any moneys in the fund established by this subsection, available to such Federal agencies such sums as may be necessary to effectuate such removal. Each such agency, in order to avoid duplication of effort, shall, whenever practicable, utilize with or without reimbursement the personnel, services, and facilities of other Federal agencies.
"(d) (1) In any action instituted by the United States under subsection (c) (4) of this section, evidence of a discharge of oil from a vessel shall constitute a prima facie case of liability on the part of the owner or operator thereof and the burden of rebutting such prima facie case shall be upon such owner or operator. The United States shall also have cause of action under subsection (c) (4) of this section against any owner or operator of a vessel whose willful act or negligence is found to have caused or contributed to the discharge of oil from a vessel involved in a collision or other casualty. The burden of rebutting the prima facie case of liability which the United States shall have against a vessel or the owner or operator thereof from which the oil is discharged shall in no way affect any rights which such owner or operator may have against any other vessel or owner or operator or other persons whose willful act or negligence may in any way have caused or contributed to such discharge.
"(2) In any action instituted by the United States under subsection (c) (5) of this section, evidence of a discharge of oil from an onshore or offshore facility of any kind, other than a vessel, shall constitute a prima facie case of liability on the part of any person who owns or operates such facility and the burden of rebutting such prima facie case shall be upon such person
" (e) Within one hundred and eighty days after the effective date of this section"(1) the Secretary shall issue regulations. in consultation with the Secretary of the department in which the Coast Guard is operating and consistent with maritime safety and with marine and navigation laws, establishing criteria for the removal of discharged oil, including criteria relative to the methods and means of removal, from waters and shorelines.
"(2) the Secretary of the department in. which the Coast Guard is operating shall issue regulations, in consultation with the Secretary, establishing procedures, methods, and equipment (A) to prevent discharges of oil from vessels, and (B) to implement the regulations of the Secretary relative to removing discharged oil.
"(f) The Secretary, in consultation with the Secretary of the department in which the Coast Guard is operating and consistent with maritime safety and with marine and navigation laws and regulations, may issue regulations authorizing the discharge of oil from a vessel in quantities, under conditions, and at times and locations deemed appropriate by him, after taking into consideration various factors such as the effect of such discharge on applicable water quality standards, recreation, and fish and wildlife.
"(g) The provisions of subsection (b) of this section and the regulations issued under subsections (e) and (f) of this section shall be enforced by the Secretary of the department in which the Coast Guard is operating. The Secretary of the department in which the Coast Guard is operating may utilize by agreement, with or without reimbursement, the personnel, services, and facilities of any other Federal agency in carrying out these provisions and regulations.
"(h) Anyone authorized by the Secretary of the department in which the Coast Guard
is operating to enforce the provisions of this section may, except as to public vessels, (1) board and inspect any vessel upon the navigable waters of the United States, (2) with or without a warrant arrest any person who violates the provisions of this section or any regulation issued thereunder in his presence or view, and (3) execute any warrant or other process issued by an officer or court of competent jurisdiction.
"(i) In the case of Guam, actions arising under this section may be brought in the district court of Guam, and in the case of the Virgin Islands such actions may be brought in the district court of the Virgin Islands. In the case of American Samoa and the Trust Territory of the Pacific Islands, such actions may be brought in the District Court of the United States for the District of Hawaii and such court shall have jurisdiction of such actions.
"(j) The Secretary of Transportation, in consultation with the Secretaries of Interior, State, Commerce, and other interested Federal agencies, shall conduct a study of the need for, and the desirability of, establishing a system of requiring vessels using the navigable waters of the United States to give evidence that such vessels have adequate financial capability within appropriate limitations to reimburse the United States in accordance with the provisions of subsection (c) of this section for the removal of discharged oil and to pay damage claims covering private real or personal property injured or destroyed by such discharged oil. In carrying out this study, the Secretary of Transportation shall seek detailed information relative to the economic effects of such a system on the merchant marine industry, and shall seek the advice and recommendations of representatives of the merchant marine, oil, and insurance industries, labor, and other national and international organizations relative to the need for, and desirability of, such a system. The Secretary of Transportation shall submit a report, together with recommendations thereon, to the Congress, through the President, by July 1, 1970.
"AREA ACID AND OTHER MINE WATER POLLUTION CONTROL DEMONSTRATIONS
"SEC. 13. (a) The Secretary in cooperation with other Federal agencies is authorized to enter into agreements with any State or interstate agency to carry out one or more projects to demonstrate methods for the elimination or control, within all or part of a watershed, of acid or other mine water pollution resulting from active or abandoned mines. Such projects shall demonstrate the engineering and economic feasibility and practicality of various abatement techniques which will contribute substantially to effective and practical methods of acid or other mine water pollution elimination or control.
"(b) The Secretary, in selecting watersheds for the purposes of this section, shall (1) require such feasibility studies as he deems appropriate, (2) give preference to areas which have the greatest present or potential value for public use for recreation, fish and wildlife, water supply, and other public uses, and (3) be satisfied that the project area will not be affected adversely by the influx of acid or other mine water pollution from nearby sources.
"(c) Federal participation in such projects shall be subject to the conditions
"(1) that the State or interstate agency shall pay not less than 25 per centum of the actual project costs which payment may be in any form, including, but not limited to, land or interests therein that is needed for the project, personal property, or services, the value of which shall be determined by the Secretary; and
"(2) that the State or interstate agency shall provide legal and practical protection to the project area to insure against any activities which will cause future acid or other mine water pollution.
"(d) There is authorized to be appropriated $15,000,000 to carry out the provisions of this section, which sum shall be available until expended. No more than 25 per centum of the total funds appropriated under this section in any one year shall be granted to any one State."
SEC. 3. (a) Redesignated section 14 of the Federal Water Pollution Control Act, as amended, is amended to read as follows: "COOPERATION BY ALL FEDERAL AGENCIES IN THE CONTROL OF POLLUTION
"SEC. 14. (a) Each Federal agency having jurisdiction over any real property or facility of any kind shall, within available appropriations and consistent with the interests of the United States, insure compliance with applicable water quality standards and the purposes of this Act in the administration of such property, or facility. In his summary of any conference pursuant to section 10(d) (4) of this Act, the Secretary shall include references to any discharges allegedly contributing to pollution from any such Federal property or facility, and shall transmit a copy of such summary to the head of the Federal agency having jurisdiction of such property or facility. Notice of any hearing pursuant to section 10(f) of this Act involving any pollution alleged to be effected by any such discharges shall also be given to the Federal agency having jurisdiction over the property or facility involved, and the findings and recommendations of the hearing board conducting such hearing shall include references to any such discharges which are contributing to the pollution found by such board.
"(b) Any applicant for a Federal license or permit to conduct any activity which may result in discharge into the waters of the United States shall provide the licensing or permitting agency with certification from the appropriate State or interstate water pollution control agency that such activity will be conducted in a manner which shall insure compliance with applicable water quality standards. In any case where such standards have been established by the Secretary pursuant to section 10 of this Act, such certification shall be from the Secretary. No license or permit shall be granted until such certification has been obtained or unless good cause is shown for not obtaining such certification. Such license or permit shall be suspended if a court of competent jurisdiction finds, pursuant to section 10 (c) (5) of this Act that such licensee or permittee is not in compliance with applicable water quality standards. Nothing in this section shall be construed to limit the authority of any department or agency pursuant to any other provision of law to require compliance with applicable water quality standards. The Secretary shall, upon the request of any Federal department or agency, provide, for the purposes of this section, any relevant information on applicable water quality standards and shall, when requested by any such department or agency, comment on the methods proposed by the applicant to comply with such standards.
SEC. 4. Section 5 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 466c), is amended
(1) by redesignating subsections (g) and (h) as (j) and (k);
(2) by inserting after subsection (f) three new subsections to read as follows:
"(g) The Secretary is authorized to enter into contracts with or make grants to, public or private agencies and organizations and individuals for (A) the purpose of developing and demonstrating new or improved methods for the prevention, removal, and control of natural or manmade pollution in lakes, Including the undesirable effects of nutrients and vegetation, and (B) the construction of publicly owned research facilities for such purpose.
"(h) The Secretary shall engage in such research, studies, experiments, and demonstrations as he deems appropriate relative to
the removal of oil from any waters and to the prevention and control of oil pollution, and shall publish from time to time the results of such activities. In carrying out this subsection, the Secretary may enter into contracts with, or make grants to, public or private agencies and organizations and individuals.";
(3) by changing in redesignated subsection (j) (4) the words "and June 30, 1969." to "June 30, 1969, and June 30, 1970,"; and
(4) by amending the first sentence of redesignated subsection (k) to read as follows: "There is authorized to be appropriated to carry out this section, other than subsection (j), not to exceed $65,000,000 for the fiscal year ending June 30, 1969, and for the two succeeding fiscal years."
SEC. 5. Section 6 of the Federal Water Pollution Control Act. as amended (33 U.S.C. 466c-1), is amended
(1) by changing in subsection (e) (1) the word "three" to "five"; and
(2) by changing in subsection (e) (2) and (3) the word "two" to "four".
SEC. 6. Redesignated section 17 of the Federal Water Pollution Control Act, as amended, is amended by deleting the following: "the Oil Pollution Act, 1924, or".
SEC. 7. The Oil Pollution Act, 1924 (43 Stat. 604), as amended (80 Stat. 1246-1252), is hereby repealed.