An Act to regulate the dumping of material in the oceans, coastal, and other waters, and for other purposes
PL 92-532 (H.R.9727), enacted 10/23/1972

1052 
PUBLIC LAW 92-532-OCT. 23, 1972 
[86 STAT. 
October 23, 1972 
[H.R. 9727] 
Marine Protec-
tion, Research, 
and Sanctuaries 
Act of 1972. 
Ante, p. 816. 
Public Law 92-532 
AN ACT 
To regulate the tran.sportation for clumping, and the dumping, of material into 
oc-ean waters, and for otlier purposes. 
Be if enacted by the Senate and House of Rejyresentatives of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Marine Protection, Research, and Sanctuaries Act of 
1972". 
FINDING, POLICY, AND PURPOSE 
SEC. 2. (a) Unregulated dumping of material into ocean waters 
endangers human health, welfare, and amenities, and the marine envi-
ronment, ecological systems, and economic potentialities. 
(b) The Congress declares that it is the policy of the United States 
to regulate the dumping of all types of materials into ocean waters 
and to prevent or strictly limit the dumping into ocean waters of any 
material which would adversely affect human health, welfare, or 
amenities, or the marine environment, ecological systems, or economic 
potentialities. 
To this end, it is the purpose of this Act to regulate the transporta-
tion of material from the United States for dumping into ocean 
waters, and the dumping of material, transported from outside the 
United States, if the dumping occurs in ocean waters over which the 
United States has jurisdiction or over which it may exercise control, 
under accepted principles of international law, in order to protect its 
territory or territorial sea. 
,. 
DEFINITIONS 
< - , ; ; ? 
SEC. 3. For the purposes of this Act the term— 
(a) "Administrator" means the Administrator of the Environ-
mental Protection Agency. 
(b) "Ocean waters" means those waters of the open seas lying sea-
ward of the base line from which the territorial sea is measured, as 
provided for in the Convention on the Territorial Sea and the Con-
tiguous Zone (15 UST 1606; TIAS 5639). 
(c) "Material" means matter of any kind or description, including, 
but not limited to, dredged material, solid waste, incinerator residue, 
garbage, sewage, sewage sludge, munitions, radiological, chemical, and 
biological warfare agents, radioactive materials, chemicals, biological 
and laboratory waste, wreck or discarded equipment, rock, sand, exca-
vation debris, and industrial, mimicipal, agricultural, and other waste; 
but such term does not mean oil within the meaning of section 11 of the 
Federal Water Pollution Control Act, as amended (33 U.S.C. 1161) 
and does not mean sewage from vessels within the meaning of section 
13 of such Act (33 U.S.C. 1163). 
(d) "United States" includes the several States, the District of 
Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the 
territories and possessions of the United States, and the Trust Ter-
ritory of the Pacific Islands. 
(e) "Person" means any private person or entitv, or any officer, 
employee, agent, department, agency, or instrumentality of the Federal 
Government, of any State or local unit of government, or of any 
foreign ."government. 
(f) "Dumping" means a disposition of material: Provided^ That it 
does not mean a disposition of any effluent from any outfall structure 
to the extent that such disposition is regulated under the provisions of 
the Federal AVater Pollution Control Act, as amended (33 U.S.C. 1151-
1175), under the provisions of section 13 of the Rivers and Harbors Act 
86 STAT. ] 
PUBLIC LAW 92-532-OCT. 23, 1972 
1053 
of 1899, as amended (33 U.S.C. 407), or under the provisions of the 
^o stat. iis2. 
Atomic Energy Act of 1954, as amended (42 L^.S.C. 2011, et seq.), nor 
es stat. 921. 
does it mean a routine discharge of effluent incidental to the propul-
sion of, or operation of motor-driven equipment on, vessels: Pro-
vided further^ That it does not mean the constI'uction of any fixed 
structure or artificial island nor the intentional placement of any 
device in ocean waters or on or in the submerged land beneath such 
waters, for a purpose other than disposal, when such construction or 
such placement is otherwise regulated by Federal or State law or 
occurs pursuant to an authorized Federal or State program: And 
provided further^ That it does not include the deposit of oyster shells, 
or other materials when such deposit is made for the purpose of 
developing, maintaining, or harvesting fisheries resources and is other-
wise regulated bv Federal or State law or occurs pursuant to an author-
ized Federal or State program. 
(g) "District couit of the United States" includes the District Court 
of Guam, the District Court of the Virgin Islands, the District Court 
of Pueito Rico, the District Court of the Canal Zone, and in the case 
of American Samoa and the Trust Territory of the Pacific Islands, 
the District Court of the United States for the District of Hawaii, 
which court shall have jurisdiction over actions arising therein. 
(h) "Secretary" means the Secretary of the Army. 
(1) "Dredged material" means any material excavated or dredged 
from the navigable waters of the United States. 
(j) "High-level radioactive waste" means the aqueous waste result-
ing from the operation of the first cycle solvent extraction system, or 
equivalent, and the concentrated waste from subsequent extraction 
cycles, or equivalent, in a facility for reprocessing irradiated reactor 
fuels, or irradiated fuel from nuclear power reactors. 
(k) "Transport" or "transportation" refers to the carriage and 
related handling of any material by a vessel, or by any other vehicle, 
including aircraft. 
,, 
TITLE I—OCEAN DUMPIXG 
. , . . , j . 
,.. 
PROHIBITED ACTS 
SKC. 101. (a) Xo person shall transport from the United States any 
radiological, chemical, or biological warfare agent or any high-level 
radioactive waste, or except as may be authorized in a permit issued 
under this title, and subject to regulations issued under section 108 
hereof by the Secretary of the Department in which the Coast Guard 
is operating, any other material tor the purpose of dumping it into 
ocean waters. 
(b) No person shall dump any radiological, chemical, or biological 
warfare agent or any high-level radioactive waste, or, except as may 
be authorized in a permit issued under this title, any other material, 
transported from any location outside the United States, (1) into the 
territorial sea of the United States, or (2) into a zone contiguous to 
the territorial sea of the United States, extending to a line twelve 
nautical miles seaward from the base line from which the breadth of 
the territorial sea is measured, to the extent that it may affect the terri-
torial sea or the territory of the United States. 
(c) No officer, employee, agent, department, agency, or instrumen-
tality of the United States shall transport from any location outside 
the Ignited States any radiological, chemical, or biological warfare 
agent or any high-level radioactive waste, or, except as may be author-
ized in a permit issued under this title, any other material for the 
purpose of dumping it into ocean waters. 
1054 
PUBLIC LAW 92-532-OCT. 23, 1972 
[86 STAT. 
KNVIROXMENTAL PROTECTION AGENCY PERMITS 
SEC. 102. (a) Except in relation to dredged material, as provided 
for in section 103 of this title, and in relation to radiological, chemi-
cal, and biological warfare agents and high-level radioactive waste, 
as provided for in section 101 of this title, the Administrator may 
issue permits, after notice and opportunity for public hearings, for 
the transportation from the United States or, in the case of an 
agency or instrumentality of the United States, for the transporta-
tion from a location outside the United States, of material for the 
purpose of dumping it into ocean waters, or for the dumping of 
material into the waters described in section 101 (b), where the Admin-
istrator determines that such dumping will not unreasonably degrade 
or endanger human health, welfare, or amenities, or the marine 
environment, ecological systems, or economic potentialities. The 
Administrator shall establish and apply criteria for reviewing and 
evaluating such permit applications, and, in establishing or revising 
such criteria, shall consider, but not be limited in his consideration 
to, the following: 
(A) The need for the proposed dumping. 
(B) The effect of such dumping on human health and welfare, 
including economic, esthetic, and recreational values. 
(C) The effect of such dumping on fisheries resources, plank-
ton, fish, shellfish, wildlife, shore lines and beaches. 
(D) The effect of such dumping on marine ecosystems, par-
ticularly with respect to— 
(i) the transfer, concentration, and dispersion of such 
material and its byproducts through biological, physical, and 
chemical processes, 
(ii) potential changes in marine ecosystem diversity, pro-
ductivity, and stability, and 
(iii) species and community population dynamics. 
(E) The persistence and permanence of the effects of the dump-
ing. 
(F) The effect of dumping particular volumes and concentra-
tions of such materials. 
(G) Appropriate locations and methods of disposal or recy-
cling, including land-based alternatives and the probable impact 
of requiring use of such alternate locations or methods upon con-
siderations affecting the public interest. 
(H) The effect on alternate uses of oceans, such as scientific 
study, fishing, and other living resource exploitation, and non-
living resource exploitation. 
(I) In designating recommended sites, the Administrator shall 
utilize wherever feasible locations beyond the edge of the Con-
tinental Shelf. 
In establishing or revising such criteria, the Administrator shall con-
sult with Federal, State, and local officials, and interested members 
of the general public, as may appear appropriate to the Administrator. 
With respect to such criteria as may affect the civil works program of 
the Department of the Army, the Administrator shall also consult 
with the Secretary. In reviewing applications for permits, the Admin-
istrator shall make such provision for consultation with interested 
Federal and State agencies as he deems useful or necessary. No per-
mit shall be issued for a dumping of material which will violate appli-
cable water quality standards. 
(b) The Administrator may establish and issue various categories 
of permits, including the general pennits described in section 104(c). 
86 STAT. ] 
PUBLIC LAW 92-532-OCT. 23, 1972 
lOSS 
(c) The Administrator may, considering the criteria established 
pursuant to subsection (a) of this section, designate recommended sites 
or times for dumping and, when he jfinds it necessary to protect critical 
areas, shall, after consultation with the Secretary, also designate sites 
or times within which certain materials may not be dumped. 
(d) No permit is required under this title for the transportation 
for dumping or the dumping of fish wastes, except when deposited in 
harbors or other protected or enclosed coastal waters, or where the 
Administrator finds that such deposits could endanger health, the 
environment, or ecological systems in a specific location. Where the 
Administrator makes such a finding, such material may be deposited 
only as authorized by a permit issued by the Administrator uncler this 
section. 
CORPS o r ENGINEERS PERMITS 
SEC. 103. (a) Subject to the provisions of subsections (b), (c), 
and (d) of this section, the Secretary may issue permits, after notice 
Notice, pubuc 
and opportunity for public hearings, for the transportation of dredged '"^^""^s. 
material for the purpose of dumping it into ocean waters, where the 
Secretary determines that the dumping will not unreasonably degrade 
or endanger human health, welfare, or amenities, or the marine 
environment, ecological systems, or economic potentialities. 
(b) In making the determination required by subsection (a), the 
Secretai-v shall apply those criteria, established pursuant to section 
102(a), relating to the effects of the dumping. Based upon an evalua-
tion of the potential effect of a permit denial on navigation, economic 
and industrial development, and foreign and domestic commerce of 
the United States, the Secretary shall make an independent determi-
nation as to the need for the dumping. The Secretary shall also make 
an independent determination as to other possible methods of disposal 
and as to appropriate locations for the dumping. In considering appro-
priate locations, he shall, to the extent feasible, utilize the recom-
mended sites designated by the Administrator pursuant to section 
102(c). 
(c) Prior to issuing any permit under this section, the Secretary 
shall first notify the Administrator of his intention to do so. Ip any 
case in which the Administrator disagrees with the determination of 
the Secretary as to compliance with the criteria established pursuant 
to section 102(a) relating to the effects of the dumping or with the 
restrictions established pursuant to section 102(c) relating to critical 
areas, the determination of the Administrator shall prevail. Unless the 
Administrator grants a waiver pursuant to subsection (d), the Secre-
tary shall not issue a permit which does not comply with such criteria 
and with such restrictions, 
(d) If, in any case, the Secretary finds that, in the disposition of 
waiver, 
dredged material, there is no economically feasible method or site 
available other than a dumping site the utilization of which would 
result in non-compliance with the criteria established pursuant to sec-
tion 102(a) relating to the effects of dumping or with the restrictions 
established pursuant to section 102(c) relating to critical areas, he 
shall so certify and request a waiver from the Administrator of the 
specific requirements involved. Within thirty days of the receipt of 
the waiver request, unless the Administrator 6nds that the dumping of 
the material will result in an unacceptably adverse impact on munici-
pal water supplies, shell-fish beds, wildlife, fisheries (including spawn-
ing and breeding areas), or recreational areas, he shall grant the 
waiver. 
1056 
PUBLIC LAW 92-532-OCT. 23, 1972 
[86 STAT. 
(e) In connection with Federal projects involving dredged material, 
the Secretary may, in lieu of the permit procedure, issue regulations 
which will require the application to such projects of the same criteria, 
other factors to be evaluated, the same procedures, and the same 
requirements which apply to the issuance of permits under subsections 
(a), (b), (c),and (d) of this section. 
Public 
information. 
PERMIT CONDITIONS 
SEC. 104. (a) Permits issued under this title shall designate and 
include (1) the type of material authorized to be transported for dump-
ing or to be dumped j (2) the amount of material authorized to be 
transported for dumping or to be dumped; (3) the location where such 
transport for dumping will be terminated or where such dumping will 
occur; (4) the length of time for which the permits are valid and their 
expiration date; (5) any special provisions deemed necessary by the 
Administrator or the Secretary, as the case may be, after consultation 
with the Secretary of the Department in which the Coast Guard is 
operating, for the monitoring and surveillance of the transportation or 
dumping; and (6) such other matters as the Administrator or the 
Secretary, as the case may be, deems appropriate. 
(b) The Administrator or the Secretary, as the case may be, may 
prescribe such processing fees for permits and such reporting require-
ments for actions taken pursuant to permits issued by him under this 
title as he deems appropriate. 
(c) Consistent with the req^uirements of sections 102 and 103, but in 
lieu of a requirement for specific permits in such case, the Administra-
tor or the Secretary, as the case may be, may issue general permits for 
the transportation for dumping, or dumping, or both, of specified 
materials or classes of materials for which he may issue permits, which 
he determines will have a minimal adverse environmental impact. 
(d^ Any permit issued under this title shall be reviewed periodically 
and, if appropriate, revised. The Administrator or the Secretary, as 
the case may be, m&y limit or deny the issuance of permits, or he may 
alter or revoke partially or entirely the terms of permits issued by 
him under this title, for the transportation for dumping, or for the 
dumping, or both, of specified materials or classes of materials, where 
he finds that such materials cannot be dumj^ed consistently with the 
criteria and other factors required to be applied in evaluating the per-
mit application. No action shall be taken under this subsection unless 
the affected person or permittee shall have been given notice and oppor-
tunity for a hearing on such action as proposed. 
(e) The Administrator or the Secretary, as the case may be, shall 
require an applicant for a permit under this title to provide such infor-
mation as he may consider necessary to review and evaluate such 
application. 
(f) Information received by the Administrator or the Secretary, as 
the case may be, as a part of any application or in connection with any 
permit granted under this title shall be available to the public as a 
matter of public record, at every stage of the proceeding. The final 
determination of the Administrator or the Secretary, as the case may 
be, shall be likewise available. 
(g) A copy of anj permit issued under this title shall be placed in 
a conspicuous place m the vessel which will be used for the transporta-
tion or dumping authorized by such permit, and an additional copy 
shall be furnished by the issuing official to the Secretary of the depart-
ment in which the Coast Guard is operating, or its designee. 
86 STAT. ] 
PUBLIC LAW 92-532-OCT. 23, 1972 
1057 
PENALTIES 
SEC. 105. (a) Any person who violates any provision of this title, 
or of the regulations promulgated under this title, or a permit issued 
under this title shall be liable to a civil penalty of not more than 
$50,000 for each violation to be assessed by the Administrator. No 
penalty shall be assessed until the person charged shall have been 
given notice and an opportunity for a hearing of such violation. In 
determining the amount of the penalty, the gravity of the violation, 
prior violations, 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 Administrator. For good 
cause shown, the Administrator may remit or mitigate such penalty. 
T 'pon failure of the offending party to pay the penalty, the Adminis-
trator may request the Attorney General to commence an action in the 
appropriate district court of the United States for such relief as may 
be appropriate. 
(b) In addition to any action which may be brought under sub-
section (a) of this section, a person who knowingly violates this 
title, regulations promulgated under this title, or a permit issued 
under this title shall be fined not more than $50,000, or imprisoned 
for not more than one j'ear, or both. 
(c) For the purpose of imposing civil penalties and criminal fines 
under this section, each day of a continuing violation shall constitute 
a separate offense as shall the dumping from each of several vessels, 
or other sources. 
(d) The Attorney General or his delegate may bring actions for 
equitable relief to enjoin an imminent or continuing violation of this 
N 
title, of regulations promulgated under this title, or of permits issued 
under this title, and the district courts of the United States shall have 
jurisdiction to grant such relief as the equities of the case may require. 
(e) A vessel, except a public vessel within the meaning of section 
Liability. 
13 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 
1163), used in a violation, shall be liable in rem for any civil penalty 
assessed or criminal fine imposed and may be proceeded against in any 
district court of the United States having jurisdiction thereof; but 
no vessel shall be liable unless it shall appear that one or more of the 
owners, or bareboat charterers, was at the time of the violation a con-
senting party or privy to such violation. 
(f) If the provisions of any permit issued under section 102 or 103 ,^^^'^' PP- ^°54, 
are violated, the Administrator or the Secretary, as the case may be, 
may revoke the permit or may suspend the permit for a specified period 
of time. No permit shall be revoked or suspended unless the per-
mittee shall have been given notice and opportunity for a hearing on 
such violation and proposed suspension or revocation. 
(g) (1) Except as provided in paragraph (2) of this subsection any 
person may commence a civil suit on his own behalf to enjoin any 
person, including the United States and any other governmental 
instrumentality or agency (to the extent permitted by the eleventh 
amendment to the Constitution), who is alleged to be in violation of any 
prohibition, limitation, criterion, or permit established or issued by 
or under this title. The district courts shall have jurisdiction, without 
regard to the amount in controversy or the citizenship of the parties, to 
enforce such prohibition, limitation, criterion, or permit, as the case 
may be. 
Ante, 
p. 816. 
1055. 
1058 
PUBLIC L
A
W 92-532-OCT. 23, 1972 
[86 STAT. 
(2) No action may be commenced— 
(A) prior to sixty days after notice of the violation has been 
given to the Administrator or to the Secretary, and to any alleged 
violator of the prohibition, limitation, criterion, or permit; or 
(B) if the Attorney General has commenced and is diligently 
prosecuting a civil action in a court of the United States to 
require compliance with the prohibition, limitation, criterion, or 
permit; or 
(C) if the Administrator has commenced action to impose a 
penalt;^ pursuant to subsection (a) of this section, or if the 
Administrator, or the Secretary, has initiated permit revocation or 
suspension proceedings under subsection (f) of this section; or 
(D) if the United States has commenced and is diligently 
prosecuting a criminal action in a court of the United States or 
a State to redress a violation of this title. 
(3) (A) Any suit under this subsection may be brought in the judi-
cial district in which the violation occurs. 
(B) In any such suit under this subsection in which the United 
States is not a party, the Attorney Greneral, at the request of the 
Administrator or Secretary, may intervene on behalf of the United 
States as a matter of right. 
(4) The court, in issuing any final order in any suit brought pur-
suant to paragraph (1) of this subsection may award costs of litigation 
(including reasonable attorney and expert witness fees) to any party, 
whenever the court determines such award is appropriate. 
(5) The injunctive relief provided by this subsection shall not 
restrict any right which any person (or class of persons) may have 
under any statute or common law to seek enforcement of any standard 
or limitation or to seek any other relief (including relief against the 
Administrator, the Secretary, or a State agency). 
Exception. 
(]^^ j^o pcrsou shall be subject to a civil penalty or to a criminal 
fine or imprisonment for dumping materials from a vessel if such mate-
rials are dumped in an emergency to safeguard life at sea. Any such 
emergency dumping shall be reported to the Administrator under 
such conditions as he may prescribe. 
RELATIONSHIP TO OTHER LAWS 
SEC. 106. (a) After the effective date of this title, all licenses, per-
mits, and authorizations other than those issued pursuant to this title 
shall be void and of no legal effect, to the extent that they purport 
to authorize any activity regulated by this title, and whether issued 
before or after the effective date of this title. 
(b) The provisions of subsection (a) shall not apply to actions 
taken before the effective date of this title under the authority of the 
Rivers and Harbors Act of 1899 (30 Stat. 1151), as amended (33 
U.S.C.401et.seq.). 
(c) Prior to issuing any permit under this title, if it appears to the 
Administrator that the disposition of material, other than dredged 
material, may adversely affect navigation in the territorial sea of the 
United States, or in the approaches to any harbor of the United States, 
or may create an artificial island on the Outer Continental Shelf, the 
Administrator shall consult with the Secretary and no permit shall 
86 STAT. ] 
PUBLIC LAW 92-532-OCT. 23, 1972 
1059 
be issued if the Secretary determines that navigation will be unreason-
ably impaired. 
(d) After the effective date of this title, no State shall adopt or 
enforce any rule or regulation relating to any activity regulated by 
this title. Any State may, however, propose to the Administrator cri-
teria relating to the dumping of materials into ocean waters within its 
jurisdiction, or into other ocean waters to the extent that such dumping 
may affect waters within the jurisdiction of such State, and if the 
Administrator determines, after notice and opportunity for hearing, 
that the proposed criteria are not inconsistent with the purposes of 
this title, may adopt those criteria and may issue regulations to imple-
ment such criteria. Such determination shall be made by the Adminis-
trator within one hundred and twenty days of receipt of the proposed 
criteria. For the purposes of this subsection, the term "State" means 
"state." 
any State, interstate or regional authority, Federal territory or Com-
monwealth or the District of Columbia. 
(e) Nothing in this title shall be deemed to affect in any manner or 
to any extent any provision of the Fish and Wildlife Coordination 
Act as amended (16 U.S.C. 661-666c). 
eo stat. loso; 
72 Stat.563. 
ENFORCEMENT 
SEC. 107. (a) The Administrator or the Secretary, as the case may 
be, may, whenever appropriate, utilize by agreement, the personnel, 
services and facilities of other Federal departments, agencies, and 
instrumentalities, or State agencies or instrumentalities, whether on a 
reimbursable or a nonreimbursable basis, in carrying out his respon-
sibilities under this title. 
(b) The Administrator or the Secretary may delegate responsibility 
and authority for reviewing and evaluating permit applications, 
including the decision as to whether a permit will be issued, to an 
officer of his agency, or he may delegate, by agreement, such respon-
sibility and authority to the heads of other Federal departments or 
agencies, whether on a reimbursable or nonreimbursable basis. 
(c) The Secretary of the department in which the Coast Guard is 
operating shall conduct surveillance and other appropriate enforce-
ment activity to prevent unlawful transportation of material for 
dumping, or unlawful dumping. Such enforcement activity shall 
include, but not be limited to, enforcement of regulations issued by 
him pursuant to section 108, relating to safe transportation, handling, 
^"^'«-
carriage, storage, and stowage. The Secretary of the Department in 
which the Coast Guard is operating shall supply to the Administrator 
and to the Attorney General, as appropriate, such information of 
enforcement activities and such evidentiary material assembled as they 
may require in carrying out their duties relative to penalty assess-
ments, criminal prosecutions, or other actions involving litigation pur-
suant to the provisions of this title. 
REGULATIONS 
SEC. 108. In carrying out the responsibilities and authority conferred 
by this title, the Administrator, the Secretary, and the Secretary of 
the department in which the Coast Guard is operating are authorized 
to issue such regulations as they may deem appropriate. 
1060 
PUBLIC LAW 92-532-OCT. 23, 1972 
[86 STAT. 
. «\Kr:. ?v*i. 
IXTERNATIONAL COOPERATION 
SEC. 109. The Secretary of State, in consultation with the Adminis-
trator, shall seek effective international action and cooperation to 
insure protection of the marine environment, and may, for this pur-
pose, formulate, present, or support specific proposals in the L^nited 
Nations and other competent international organizations for the 
development of appropriate international rules and regulations in 
support of the policy of this Act. 
Appropriation. 
Annual report 
to Congress. 
Report to 
Congress. 
EFFECTIVE DATE AND SAVINGS PROVISIONS 
SEC. 110. (a) This title shall take effect six months after the date of 
the enactment of this Act. 
(b) No legal action begun, or right of action accrued, prior to the 
effective date of this title shall be affected by any provision of this 
title. 
SEC. 111. There are hereby authorized to be appropriated not to 
exceed $3,600,000 for fiscal year 1973, and not to exceed $5,500,000 
for fiscal year 1974, for the purposes and administration of this title, 
and for succeeding fiscal years only such sums as the Congress may 
authorize by law. 
SEC. 112. The Administrator shall report annually, on or before 
June 30 of each year, with the first report to be made on or before 
June 30, 1973 to the Congress, on his administration of this title, 
including recommendations for additional legislation if deemed neces-
sary. 
TITLE II—COMPREHENSIVE RESEARCH ON OCEAN 
DUMPING 
SEC. 201. The Secretary of Commerce, in coordination with the 
Secretary of the Department in which the Coast Guard is operating 
and with the Administrator shall, within six months of the enactment 
of this Act, initiate a comprehensive and continuing program of 
monitoring and research regarding the effects of the dumping of 
material into ocean waters or other coastal waters where the tide ebbs 
and flows or into the Great Lakes or their connecting waters and shall 
report from time to time, not less frequently than annually, his 
findings (including an evaluation of the short-term ecological effects 
and the social and economic factors involved) to the Congress. 
SEC. 202. (a) The Secretary of Commerce, in consultation with 
other appropriate Federal departments, agencies, and instrumentali-
ties shall, within six months of the enactment of this Act, initiate a 
comprehensive and continuing program of research with respect to 
the possible long-range effects of pollution, overfishing, and man-
induced changes of ocean ecosystems. In carrying out such research, 
the Secretary of Commerce shall take into account such factors as 
existing and proposed international policies affecting oceanic prob-
lems, economic considerations involved in both the protection and the 
use of the oceans, possible alternatives to existing programs, and ways 
in which the health of the oceans may best be preserved for the benefit 
of succeeding generations of mankind. 
(b) In carrying out his responsibilities under this section, the Sec-
retary of Commerce, under the foreign policy guidance of the Presi-
dent and pursuant to international agreements and treaties made by 
86 STAT. ] 
PUBLIC LAW 92-532-OCT. 23, 1972 
1061 
the President with the advice and consent of the Senate, may act 
alone or in conjunction with any other nation or group of nations, 
and shall make known the results of his activities by such channels of 
communication as may appear appropriate. 
(c) In January of each year, the Secretary of Commerce shall report ^^""e^i '^^^°'^' *° 
to the Congress on the results of activities undertaken by him pursuant 
°"8'"^^^-
to this section during the previous fiscal year. 
(d) Each department, agency, and independent instrumentality of 
the Federal Government is authorized and directed to cooperate with 
the Secretary of Commerce in carrying out the purposes of this sec-
tion and, to the extent permitted by law, to furnish such information 
as may be requested. 
(e) The Secretary of Commerce, in carrying out his responsibilities 
interagency 
under this section, shall, to the extent feasible utilize the personnel, ^K''^^"*^"*^-
services, and facilities of other Federal departments, agencies, and 
instrumentalities (including those of the Coast Guard for monitoring 
purposes), and is authorized to enter into appropriate inter-agency 
agreements to accomplish this action. 
SEC. 203. The Secretary of Commerce shall conduct and encourage, 
Federai-state 
cooperate with, and render financial and other assistance to appro{)ri- ''°°'^"^ 
ate public (whether Federal, State, interstate, or local) authorities, 
agencies, and institutions, private agencies and institutions, and indi-
viduals in the conduct of, and to promote the coordination of, research, 
investigations, experiments, training, demonstrations, surveys, and 
studies for the purpose of determining means of minimizing or ending 
all dumping of materials within five years of the effective date of this 
~ 
Act. 
SEC. 204. There are authorized to be appropriated for the first fiscal Appropriation. 
year after this Act is enacted and for the next two fiscal years there-
after such sums as may be necessary to carry out this title, but the 
sums appropriated for any such fiscal year may not exceed $6,000,000. 
TITLE III—MARINE SANCTUARIES 
'Secretary." 
SEC. 301. Notwithstanding the provisions of subsection (h) of sec-
tion 3 of this Act, the term "Secretary", when used in this title, means 
Secretary of Commerce. 
SEC. 302. (a) The Secretary, after consultation with the Secretaries 
of State, Defense, the Interior, and Transportation, the Administra-
tor, and the heads of other interested Federal agencies, and with the 
approval of the President, may designate as marine sanctuaries those 
areas of the ocean waters, as far seaward as the outer edge of the 
Continental Shelf, as defined in the Convention of the Continental 
Shelf (15 U.S.T. 74; TIAS 5578), of other coastal waters where the 
^^ UST 47I. 
tide ebbs and flows, or of the Great Lakes and their connecting waters, 
which he determines necessary for the purpose of preserving or restor- 
:. 
ing such areas for their conservation, recreational, ecological, or 
esthetic values. The consultation shall include an opportunity to review 
and comment on a specific proposed designation. 
(b) Prior to designating a marine sanctuary which includes w^aters 
lying within the territorial limits of any State or superjacent to the 
subsoil and seabed within the seaward boundary of a coastal State, 
as that boundary is defined in section 2 of title I of the Act of May 22, 
1953 (67 Stat. 29), the Secretary shall consult with, and give due con- 
43 use 1301. 
sideration to the views of, the responsible officials of the State involved. 
As to such waters, a designation under this section shall become effec-
1062 
PUBLIC LAW 92-532-OCT. 23, 1972 
[86 STAT. 
Annual report to 
Congress. 
Hearings. 
Regulations. 
Penalties. 
tive sixty days after it is published, unless the Governor of any State 
involved shall, before the expiration of the sixty-day period, certify 
to the Secretary that the designation, or a specified portion thereof, 
is unacceptable to his State, in which case the designated sanctuary 
shall not include the area certified as unacceptable until such time as 
the Governor withdraws his certificatix)n of unacceptability. 
(c) When a marine sanctuarv is designated, pursuant to this sec-
tion, which includes an area of ocean waters outside the territorial 
jurisdiction of the United States, the Secretary of State shall take 
such actions as may be appropriate to enter into negotiations with 
other Governments for the purpose of arriving at necessary agree-
ments with those Governments, in order to protect such sanctuary 
and to promote the purposes for which it was established. 
(d) The Secretarv shall submit an annual report to the Congress, 
on or before Novemoer 1 of each year, setting forth a comprehensive 
review of his actions during the previous fiscal year undertaken pur-
suant to the authority of this section, together with appropriate rec-
ommendation for legislation considered necessary for the designation 
and protection of marine sanctuaries. 
(e) Before a marine sanctuary is designated under this section, the 
Secretary shall hold public hearings in the coastal areas which would 
be most directly affected by such designation, for the purpose of 
receiving and giving proper consideration to the views of any 
interested party. Such hearings shall be held no earlier than thirty 
days after the publication of a public notice thereof. 
(f) After a marine sanctuary has been designated under this sec-
tion, the Secretary, after consultation with other interested Federal 
agencies, shall issue necessary and reasonable regulations to control 
any activities permitted within the designated marine sanctuary, and 
no permit, license, or other authorization issued pursuant to any other 
authority shall be valid unless the Secretary shall certify that the 
permitted activity is consistent with the purposes of this title and 
can be carried out within the regulations promulgated under this 
section. 
(g) The regulations issued pursuant to subsection (f) shall be 
applied in accordance with recognized principles of international law, 
including treaties, conventions, and other agreements to which the 
United States is si^atory. Unless the application of the regulations 
is in accordance with such principles or is otherwise authorized by 
an agreement between the United States and the foreign State of 
which the affected person is a citizen or, in the case of the crew of a 
foreign vessel, between the United States and flag State of the vessel, 
no regulation applicable to ocean waters outside the territorial juris-
diction of the United States shall be applied to a person not a citizen 
of the United States. 
SEC. 303. (a) Any person subject to the jurisdiction of the United 
States who violates any regulation issued pursuant to this title shall 
be liable to a civil penalty of not more than $50,000 for each such vio-
lation, to be assessed by tne Secretary. Each day of a continuing viola-
tion shall constitute a separate violation. 
(b) No penalty shall oe assessed under this section until the person 
charged has been given notice and an opportunity to be heard. Upon 
failure of the offending party to pay an assessed penalty, the Attorney 
General, at the request of the Secretary, shall commence action in the 
appropriate district court of the United States to collect the j)enalty 
and to seek such other relief as may be appropriate. 
86 STAT. ] 
PUBLIC L
A
W 92-534-OCT. 23, 1972 
1063 
(c) A vessel used in the violation of a reflation issued pursuant to 
this title shall be liable in rem for any civil penalty assessed for such 
violation and may be proceeded against in any district court of the 
United States having jurisdiction thereof. 
(d) The district courts of the United States sha;ll have jurisdiction 
to restrain a violation of the regulations issued i)ursuant to this title, 
and to grant such other relief as may be appropriate. Actions shall be 
brought by the Attorney General in the name of the United States, 
either on his own initiative or at the request of the Secretary. 
SEC. 304. There are authorized to be appropriated for the fiscal year 
in which this Act is enacted and for the next two fiscal years thereafter 
such sums as may be necessary to carry out the provisions of this title, 
including sums for the costs of acquisition, development, and operation 
of marine sanctuaries designated under this title, but the sums appro-
priated for any such fiscal year shall not exceed $10,000,000. 
Approved October 23, 1972. 
Liability. 
Jurisdiction. 
Appropriation. 
Public Law 92-533 
AN ACT. 
To authorize additional funds for acquisition of interests in land within the area 
known as Piscataway Park in the State of Maryland. 
October 23, 19 72 
[H.R. 15597] 
Be it enacted ty the Senate and House of Representatives of the 
United States of America in Congress assemtled, That section 4 of 
Piscataway 
the Act of October 4, 1961 (75 Stat. 780, 782), as amended (80 Stat. 
Addufonai 
319), is further amended by deleting "$4,132,000" and inserting funds. 
"$5,657,000". 
Approved October 23, 1972. 
Public Law 92-534 
AN ACT 
October 23, 1972 
To release certain restrictions on the acquisition of lands for recreational devel- 
[H.R. 10384] 
opment and for the protection of natural resources at fish and wildlife areas 
administered by the Secretary of the Interior. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress assembled^ That section 2 of 
the Act of September 28,1962 (76 Stat. 653), as amended (16 U.S.C. 
460k-l), is further amended to read as follows: 
"SEC. 2. The Secretary is authorized to acquire areas of land which 
are suitable for— 
(1) fish and wildlife-oriented recreational development, or 
(2) the protection of natural resources, 
and are adjacent to the said conservation areas; except that the acqui-
sition of any land or interest therein pursuant to this section shall be 
accomplished only with such funds as may be appropriated therefor 
by the Congress or donated for such purposes, but such property shall 
not be acquired with fimds obtained from the sale of Federal migra-
tory bird hunting stamps. Lands acquired pursuant to this section 
shall become a part of the particular conservation area to which they 
are adjacent." 
Approved October 23, 1972. 
National con-
servation areas. 
Land acquisi-
tion. 
82-081 O - 73 - 70