An Act to control the emission of noise detrimental to the human environment, and for other purposes
PL 92-574 (H.R.11021), enacted 10/27/1972

1234 
PUBLIC LAW 92-574-OCT. 27, 1972 
[86 STAT. 
Public Law 92-574 
' ' 
'
^
^ : 
i : 
October 27, 1972 
-^^ ACT 
[H.R. 11021] 
To control the emission of noise detrimental to the human environment, and 
for other purposes. 
Noise Control 
Act of 1972. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, 
SHORT TITLE 
SECTION 1. This Act may be cited as the "Noise Control Act of 1972". 
FINDINGS AND POLICY 
SEC. 2. (a) The Congress finds— 
(1) that inadequately controlled noise presents a growing dan-
ger to the health and welfare of the Nation's population, particu-
larly in urban areas; 
(2) that the major sources of noise include transportation 
vehicles and equipment, machinery, appliances, and other prod-
ucts in commerce; and 
(3) that, while primary responsibility for control of noise rests 
with State and local governments, Feaeral action is essential to 
deal with major noise sources in commerce control of which re-
quire national uniformity of treatment. 
(b) The Congress declares that it is the policy of the United States 
to promote an environment for all Americans free from noise that 
jeopardizes their health or welfare. To that end, it is the purpose of 
this Act to establish a means for effective coordination of Federal 
research and activities in noise control, to authorize the establishment 
of Federal noise emission standards for products distributed in com-
merce, and to provide information to the public respecting the noise 
emission and noise reduction characteristics of such products. 
DEFINITIONS 
SEC. 3. For purposes of this Act: 
(1) The term "Administrator" means the Administrator of the 
Environmental Protection Agency. 
(2) The term "person" means an individual, corporation, 
partnership, or association, and (except as provided in sections 
11(e) and 12(a)) includes any officer, employee, department, 
agency, or instrumentality of the United States, a State, or any 
political subdivision of a State. 
(3) The term "product" means any manufactured article or 
goods or component thereof; except that such term does not 
include— 
(A) any aircraft, aircraft engine, propeller, or appliance, 
as such terms are defined in section 101 of the Federal Avia-
" Stat. 73 7. 
tion Act of 1958; or 
AQ Tier- 1 a m 
/-r-k\ /•\ 
•!• 
• 
1 - 1 
(B) (i) any military weapons or equipment which are 
designed for combat use; (ii) any rockets or equipment which 
are designed for researcn, experimental, or developmental 
work to be performed by the National Aeronautics and Space 
Administration; or (iii) to the extent provided by regulations 
of the Administrator, any other machinery or equipment 
designed for use in experimental work done by or for the 
Federal Government. 
(4) The term "ultimate purchaser" means the first person who 
in good faith purchases a product for purposes other than resale. 
49 use 1301. 
86 STAT. ] 
PUBLIC LAW 92-574-OCT. 27, 1972 
1235 
(5) The term "new product" means (A) a product the equitable 
or legal title of which has never been transferred to an ultimate 
purchaser, or (B) a product which is imported or offered for 
importation into the United States and which is manufactured 
after the effective date of a regulation under section 6 or section 8 
which would have been applicable to such product had it been 
manufactured in the United States. 
(6) The term "manufacturer" means any person engaged in the 
manufacturing or assembling of new products, or the importing 
of new products for resale, or who acts for, and is controlled by, 
any such person in connection with the distribution of such 
products. 
(7) The term "commerce" means trade, traffic, commerce, or 
transportation— 
(A) between a place in a State and any place outside 
thereof, or 
(B) which affects trade, traffic, commerce, or transporta-
tion described in subparagraph (A). 
(8) The term "distribute in commerce" means sell in, offer for 
sale in, or introduce or deliver for introduction into, commerce. 
(9) The term "State" includes the District of Columbia, the 
Commonwealth of Puerto Rico, the Virgin Islands, American 
Samoa, Guam, and the Trust Territory of the Pacific Islands. 
• u 
(10) The term "Federal agency" means an executive agency 
(as defined in section 105 of title 5, United States Code) and 
so stat. 379. 
includes the United States Postal Service. 
(11) The term "environmental noise" means the intensity, 
duration, and the character of sounds from all sources. 
*'^« 
FEDERAL PROGRAMS 
SEC. 4. (a) The Congress authorizes and directs that Federal 
agencies shall, to the fullest extent consistent with their authority 
under Federal laws administered by them, carry out the programs 
within their control in such a manner as to further the policy 
declared in section 2(b). 
(b) Each department, agency, or instrumentality of the executive, 
legislative, and judicial branches of the Federal Government— 
(1) having jurisdiction over any property or facility, or 
(2) engaged in any activity resulting, or which may result, in 
the emission of noise, 
shall comply with Federal, State, interstate, and local requirements 
respecting control and abatement of environmental noise to the same 
extent that any person is subject to such requirements. The President 
compliance ex-
may exempt any single activity or facility, including noise emission d^ntiaravrthofity. 
sources or classes thereof, of any department, agency, or instrumen-
tality in the executive branch from compliance with any such require-
ment if he determines it to be in the paramount interest of the United 
States to do so; except that no exemption, other than for those 
products referred to in section 3(3) (B) of this Act, may be granted 
from the requirements of sections 6, 17, and 18 of this Act. No such 
exemption shall be granted due to lack of appropriation unless the 
;. 
President shall have specifically requested such appropriation as a 
part of the budgetary process and the Congress shall have failed to 
make available such requested appropriation. Any exemption shall 
be for a period not in excess of one year, but additional exemptions 
may be granted for periods of not to exceed one year upon the 
President's making a new determination. The President shall report 
Report to Con-
each January to the Congress all exemptions from the requirements *'*''^' 
1236 
PUBLIC LAW 92-574-OCT. 27, 1972 
[86 STAT. 
Standards or 
regulations. 
Revision re-
port request, pub-
lication in Fed-
eral Register. 
Report, publi-
cation in Fed-
eral Register. 
Status report. 
of this section granted during the preceding calendar year, together 
with his reason for granting such exemption. 
(c)(1) The Administrator shall coordinate the programs of all 
Federal agencies relating to noise research and noise control. Each 
Federal agency shall, upon request, furnish to the Administrator such 
information as he may reasonably require to determine the nature, 
scope, and results of the noise-research and noise-control programs of 
the agency. 
(2) Each Federal agency shall consult with the Administrator in 
prescribing standards or regulations respecting noise. If at any time 
the Administrator has reason to believe that a standard or regulation, 
or any proposed standard or regulation, of any Federal agency respect-
ing noise does not protect the public health and welfare to the extent 
he believes to be required and feasible, he may request such agency to 
review and report to him on the advisability of revising such standard 
or regulation to provide such protection. Any such request may be 
published in the Federal Register and shall be accompanied by a 
detailed statement of the information on which it is based. Such agency 
shall complete the requested review and report to the Administrator 
within such time as the Administrator specifies in the request, but such 
time specified may not be less than ninetv days from the date the 
request was made. The report shall be published in the Federal Reg-
ister and shall be accompanied by a detailed statement of the findings 
and conclusions of the agency respecting the revision of its standard 
or regulation. With respect to the Federal Aviation Administration, 
section 611 of the Federal Aviation Act of 1958 (as amended by section 
7 of this Act) shall apply in lieu of this paragraph. 
(3)' On the basis of regular consultation with appropriate Federal 
agencies, the Administrator shall compile and publish, from time to 
time, a report on the status and progress of Federal activities relating 
to noise research and noise control. This report shall describe the noise-
control programs of each Federal agency and assess the contributions 
of those programs to the Federal Government's overall efforts to con-
trol noise. 
Reports; 
IDENTIFICATION OF MAJOR NOISE SOURCES ; NOISE CRITERIA AND CONTROL 
TECHNOLOGY 
SEC. 5. (a)(1) The Administrator shall, after consultation with 
appropriate Federal agencies and within nine months of the date of 
the enactment of this Act, develop and publish criteria with respect 
to noise. Such criteria shall reflect the scientific knowledge most useful 
in indicating the kind and extent of all identifiable effects on the public 
health or welfare which may be expected from differing quantities and 
qualities of noise. 
(2) The Administrator shall, after consultation with appropriate 
Federal agencies and within twelve months of the date of the enact-
ment of this Act, publish information on the levels of environmental 
noise the attainment and maintenance of which in defined areas under 
various conditions are requisite to protect the public health and wel-
fare with an adequate margin of safety. 
(b) The Administrator shall, after consultation with appropriate 
Federal agencies, compile and publish a report or series of reports 
(1) identifying products (or classes of products) which in his judg-
ment are major sources of noise, and (2) giving information on tech-
niques for control of noise from such products, including available 
data on the technology, costs, and alternative methods of noise control. 
The first such report shall be published not later than eighteen months 
after the date of enactment of this Act. 
86 STAT. ] 
PUBLIC LAW 92-574-OCT. 27, 1972 
1237 
(c) The Administrator shall from time to time review and, as 
Review. 
Appropriate, revise or supplement any criteria or reports published 
under this section. 
(d) Any report (or revision thereof) under subsection (b) (1) iden- iiJ^^fo°n*fn Ped" 
tifying major noise sources shall be published in the Federal Register, eral R" g"ster. 
The publication or revision under this section of any criteria, or infor-
mation on control techniques shall be announced in the Federal Reg-
ister, and copies shall be made available to the general public. 
NOISE EMISSION STANDARDS FOR PRODUCTS DISTRIBUTED IN COMMERCE 
SEC. 6. (a)(1) The Administrator shall publish proposed regula-
tions, meeting the requirements of subsection (c), for each product— 
(A) which is identified (or is part of a class identified) in any 
report published under section 5(b) (1) as a major source of noise, 
(B) for which, in his judgment, noise emission standards are 
feasible, and 
(C) which falls in one of the following categories: 
(i) Construction equipment. 
(ii) Transportation equipment 
(including recreational 
vehicles and related equipment). 
(iii) Any motor or engine (including any equipment of 
which an engine or motor is an integral part). 
(iv) Electrical or electronic equipment. 
(2) (A) Initial proposed regulations under paragraph (1) shall be 
Proposed regu-
published not later than eighteen months after the date of enactment ^3*4°"^' ^^^^''"''* 
of this Act, and shall apply to any product described in paragraph (1) 
which is identified (or is a part of a class identified) as a major 
source of noise in any report published under section 5(b) (1) on or 
before the date of publication of such initial proposed regulations. 
(B) In the case of any product described in paragraph (1) which 
is identified (or is part of a class identified) as a major source of noise 
in a report published under section 5(b) (1) after publication of the 
initial proposed regulations under subparagraph (A) of this para-
graph, regulations under paragraph (1) for such product shall be 
proposed and published by the Administrator not later than eighteen 
months after such report is published. 
(3) After proposed regulations respecting a product have been pub-
lished under paragraph (2), the Administrator shall, unless in his 
judgment noise emission standards are not feasible for such product, 
l^rescribe regulations, meeting the requirements of subsection (c), for 
such product— 
(A) not earlier than six months after publication of such pro-
loosed regulations, and 
(B) not later than— 
(i) twenty-four months after the date of enactment of this 
Act, in the case of a product subject to proposed regulations 
published under paragraph (2) (A), or 
(ii) in the case of any other product, twenty-four months 
after the publication of the report under section 5(b)(1) 
identifying it (or a class of products of which it is a part) as 
a major source of noise. 
(b) The Administrator may publish proposed regulations, meeting 
the requirements of subsection (c), for any product for which he is 
not required by subsection (a) to prescribe regulations but for which, 
in his judgment, noise emission standards are feasible and are requisite 
to protect the public health and welfare. Not earlier than six months 
after the date of publication of such proposed regulations respecting 
such product, he may prescribe regulations, meeting the requirements 
of subsection (c), for such product. 
1238 
PUBLIC LAW 92-574-OCT. 27, 1972 
[86 STAT. 
80 Stat. 718. 
15 u s e 1381 
Jiote. 
81 Stat. 485. 
42 u s e 1857 
note. 
Ante, p. 816. 
80 Stat. 383. 
eost obliga-
tions, transfer 
prohibition. 
81 Stat. 505; 
84 Stat. 1705. 
42 u s e 18S7J. 
Prohibitions. 
(c)(1) Any regulation prescribed under subsection (a) or (b) of 
this section (and any revision thereof) respecting a product shall 
include a noise emission standard which shall set limits on noise emis-
sions from such product and shall be a standard which in the Adminis-
trator's judgment, based on criteria published under section 5, is 
requisite to protect the public health and welfare, taking into account 
the magnitude and conditions of use of such product (alone or in 
combination with other noise sources), the degree of noise reduction 
achievable through the application of the best available technology, 
and the cost of compliance. In establishing such a standard for any 
product, the Administrator shall give appropriate consideration to 
standards under other laws designed to safeguard the health and 
welfare of persons, including any standards under the National Traffic 
and Motor Vehicle Safety Act of 1966, the Clean Air Act, and the 
Federal Water Pollution Control Act. Any such noise emission stand-
ards shall be a performance standard. In addition, any regulation 
under subsection (a) or (b) (and any revision thereof) may contain 
testing procedures necessary to assure compliance with the emission 
standard in such regulation, and may contain provisions respecting 
instructions of the manufacturer for the maintenance, use, or repair 
of the product. 
(2) After publication of any proposed regulations under this sec-
tion, the Administrator shall allow interested persons an opportunity 
to participate in rulemaking in accordance with the first sentence of 
section 553 (c) of title 5, United States Code. 
(3) The Administrator may revise any regulation prescribed by 
him under this section by (A) publication of proposed revised regula-
tions, and (B) the promulgation, not earlier than six months after the 
date of such publication, of regulations making the revision; except 
that a revision which makes only technical or clerical corrections in a 
regulation under this section may be promulgated earlier than six 
months after such date if the Administrator finds that such earlier 
promulgation is in the public interest. 
(d) (1) On and after the effective date of any regulation prescribed 
under subsection (a) or (b) of this section, the manufacturer of each 
new product to which such regulation applies shall warrant to the 
ultimate purchaser and each subsequent purchaser that such product is 
designed, built, and equipped so as to conform at the time of sale with 
such regulation. 
(2) Any cost obligation of any dealer incurred as a result of any 
requirement imposed by paragraph (1) of this subsection shall be 
borne by the manufacturer. The transfer of any such cost obligation 
from a manufacturer to any dealer through franchise or other agree-
ment is prohibited. 
(3) If a manufacturer includes in any advertisement a statement 
respecting the cost or value of noise emission control devices or systems, 
such manufacturer shall set forth in such statement the cost or value 
attributed to such devices or systems by the Secretary of Labor 
(through the Bureau of Labor Statistics). The Secretary of Labor, 
and his representatives, shall have the same access for this purpose to 
the books, documents, papers, and records of a manufacturer as the 
Comptroller General has to those of a recipient of assistance for pur-
poses of section 311 of the Clean Air Act. 
(e)(1) No State or political subdivision thereof may adopt or 
enforce— 
(A) with respect to any new product for which a regulation 
has been prescribed by the Administrator under this section, anv 
law or regulation which sets a limit on noise emissions from such 
86 STAT. ] 
PUBLIC LAW 92-574-OCT. 27, 1972 
1239 
new product and which is not identical to such regulation of the 
Administrator; or 
(B) with respect to any component incorporated into such new 
product by the manufacturer of such product, any law or regula-
tion setting a limit on noise emissions from such component when 
so incorporated. 
(2) Subject to sections 17 and 18, nothing in this section precludes 
or denies the right of any State or political subdivision thereof to 
establish and enforce controls on environmental noise (or one or more 
sources thereof) through the licensing, regulation, or restriction of the 
use, operation, or movement of any product or combination of 
products. 
AIRCRAFT NOISE STANDARDS 
SEC. 7. (a) The Administrator, after consultation with appropriate 
Federal, State, and local agencies and interested persons, shall conduct 
a study of the (1) adequacy of Federal Aviation Administration flight 
and operational noise controls; (2) adequacy of noise emission stand-
ards on new and existing aircraft, together with recommendations on 
the retrofitting and phaseout of existing aircraft; (3) implications of 
identifying and achieving levels of cumulative noise exposure around 
airports; and (4) additional measures available to airport operators 
and local governments to control aircraft noise. ,He shall report on 
such study to the Committee on Interstate and Foreign Commerce of 
the House of Representatives and the Committees on Commerce and 
Public Works of the Senate within nine months alter the date of 
(b) Section 611 of the Federal Aviation Act of 1958 (49 U.S.C. 
1431) is amended to read as follows: 
82 stat. 395. 
(( 
regulations. 
CONTROL AND ABATEMENT OF AIRCRAFT NOISE AND SONIC BOOM 
"SEC. 611. (a) For purposes of this section: 
"(1) The term 'FAA' means Administrator of the Federal 
"FAA," 
Aviation Administration. 
"(2) The term'EPA'means the Administrator of the Environ- 
"EPA" 
mental Protection Agency. 
"(b) (1) In order to afford present and future relief and protection ^ standards and 
to the public health and welfare from aircraft noise and sonic boom, """'"*''"" 
the FAA, after consultation with the Secretary of Transportation and 
with EPA, shall prescribe and amend standards for the measurement 
of aircraft noise and sonic boom and shall prescribe and amend such 
regulations as the FAA may find necessary to provide for the control 
and abatement of aircraft noise and sonic boom^ including the appli-
cation of such standards and regulations in the issuance, ar^endment, 
modification, suspejision, or revocation of any certificate authorized by 
this title. No exemption with respect to any standard or regulation 
under this section may be granted under any provision of this Act 
unless the FAA shall have consulted with EPA before such exemp-
tion is granted, except that if the FAA determines that safety in air 
commerce or air transportation requires that such an exemption be 
granted before EPA can be consulted, the FAA shall consult with EPA 
as soon as practicable after the exemption is granted. 
" (2) The FAA shall not issue an original type certificate under sec-
tion 603(a) of this Act for any aircraft for which substantial noise ^^ ^^^ ^^• 
abatement can be achieved by prescribing standards and regulations 
in accordance with this section, unless he shall have prescribed stand-
ards and regulations in accordance with this section which apply to 
such aircraft and which protect the public from aircraft noise and 
sonic boom, consistent with the considerations listed in subsection (d). 
Ki.nM n - 73 - 81
1240 
PUBLIC LAW 92-574-OCT. 27, 1972 
[86 STAT. 
Proposed regu-
lations, submittal 
to FA A. 
Publication. 
Hearing. 
Notice, publi-
cation in Federal 
Register. 
Report request, 
publication in Fed-
eral Register. 
83 Stat. 853. 
42 u s e 4332. 
Report, publica-
tion in Federal 
Register. 
Supplemental 
report, publica-
tion in Federal 
Register. 
"(c)(1) Xot earlier than the date of submission of the report 
required by section 7(a) of the Noise Control Act of 1972, EPA shall 
submit to the FAA proposed regulations to provide such control and 
abatement of aircraft noise and sonic boom (including control and 
abatement through the exercise of any of the FAA's regulatory author-
ity over air commerce or transportation or over aircraft or airport 
operations) as EPA determines is necessary to protect the public health 
and welfare. The FAA shall consider such proposed regulations sub-
mitted by EPA under this paragraph and shall, within thirty days of 
the date of its submission to the FAA, publish the proposed regulations 
in a notice of proposed rulemaking. Within sixty days after such pub-
lication, the FAA shall commence a hearing at which interested per-
sons shall be afforded an opportunity for oral (as well as written) 
presentations of data, views, and arguments. Within a reasonable time 
after the conclusion of such hearing and after consultation with EPA, 
the FAA shall— 
"(A) in accordance with subsection (b), prescribe regulations 
(i) substantially as they were submitted oy EPA, or (ii) which 
are a modification of the proposed regulations submitted by EPA, 
or "(B) publish in the Federal Register a notice that it is not 
prescribing any regulation in response to EPA's submission of 
proposed regulations, together with a detailed explanation provid-
ing reasons for the decision not to prescribe such regulations. 
"(•2) If E P A has reason to believe that the FAA's action witli 
respect to a regulation proposed by EPA under paragraph (1) (A) 
(ii) or (1) (B) of this subsection does not protect the public health 
and welfare from aircraft noise or sonic boom, consistent with the con-
siderations listed in subsection (d) of this section, E P A shall consult 
w ith the FAA and may request the FAA to review, and report to EPA 
on, the advisability of prescribing the regulation originally proposed 
by EPA. Any such request shall be published in the Federal Register 
and shall include a detailed statement of the information on which it is 
based. The FAA shall complete the review requested and shall report 
to EPA within such time as EPA specifies in the request, but such 
time specified may not be less than ninety days from the date the 
request was made. The FAA's report shall be accompanied by a 
detailed statement of the FAA's findings and the reasons for the 
FAA's conclusions; shall identify any statement filed pursuant to sec-
tion 102(2) (C) of the National Environmental Policy Act of 1969 
with respect to such action of the FAA under paragraph (1) of this 
subsection; and shall specify whether (and where) such statements are 
available for public inspection. The FAA's report shall be published 
in the Federal Register, except in a case in which EPA's request pro-
posed specific action to be taken by the FAA, and the FAA's report 
indicates such action will be taken. 
"(3) If, in the case of a matter described in paragraph (2) of this 
subsection with respect to which no statement is required to be filed 
under such section 102(2) (C), the report of the FAA indicates that 
the proposed regulation originally submitted by EPA should not be 
made, then EPA may request the FAA to file a supplemental report, 
which shall be published in the Federal Register within such a period 
as EPA may specify (but such time specified shall not be less than 
ninety days from the date the request was made), and which shall con-
tain a comparison of (A) the environmental effects (including those 
which cannot be avoided) of the action actually taken by the FAA in 
response to EPA's proposed regulations, and (B) EPA's proposed 
regulations. 
ts - «f - n
86 STAT. ] 
PUBLIC LAW 92-574-OCT. 27, 1972 
1241 
"(d) In prescribing and amending standards and regulations under 
tliis section, the FAA shall— 
"(1) consider relevant available data relating to aircraft noise 
and sonic boom, including the results of research, development, 
testing, and evaluation activities conducted pursuant to this Act 
and the Department of Transportation Act; 
s o stat. 931. 
"(2) consult with such Federal, State, and interstate agencies 
49 use 1651 
note. 
as he deems appropriate; 
"(3) consider whether any proposed ^andard or regulation is 
consistent with the highest degree of safety in air commerce or 
air transportation in the public interest; 
"(4) consider whether any proposed standard or regulation is 
economically reasonable, technologically practicable, and appro-
priate for the particular type of aircraft, aircraft engine, appli-
ance, or certificate to which it will apply; and 
"(5) consider the extent to which such standard or regulation 
will contribute to carrying out the purposes of this section. 
"(e) In any action to amend, modify, suspend, or revoke a certifi- 
Notice and 
cate in which violation of aircraft noise or sonic boom standards or ^PP*«^-
regulations is at issue, the certificate holder shall have the same notice 
and appeal rights as are contained in section 609, and in any appeal gs'stat^AsV' 
to the National Transportation Safety Board, the Board may amend, 
49 use 1429. 
modify, or reverse the order of the FAA if it finds that control or 
abatement of aircraft noise or sonic boom and the public health and 
welfare do not require the affirmation of such order, or that such order 
is not consistent with safety in air commerce or air transportation." 
(c) All— 
(1) standards, rules, and regulations prescribed under section 
611 of the Federal Aviation Act of 1958, and 
^nte, p. 1239. 
(2) exemptions, granted under any provision of the Federal 
Aviation Act of 1958, with respect to such standards, rules, and 
H ftf*- 7^^ 
1 i • 
49 US C 1301 
regulations, 
note, 
which are in effect on the date of the enactment of this Act, shall con-
tinue in effect according to their terms until modified, terminated, 
superseded, set aside, or repealed by the Administrator of the Federal 
Aviation Administration in the exercise of any authority vested in 
him, by a court of competent jurisdiction, or by operation of law. 
LABELING 
SEC. 8. (a) The Administrator shall by regulation designate any 
Regulations, 
product (or class thereof)— 
(1) which emits noise capable of adversely affecting the public 
health or welfare; or 
(2) which is sold wholly or in part on the basis of its effective-
ness in reducing noise. 
(b) For each product (or class thereof) designated under sub-
section (a) the Administrator shall by regulation require that notice 
be given to the prospective user of the level of the noise the product 
emits, or of its effectiveness in reducing noise, as the case may be. Such 
regulations shall specify (1) whether such notice shall be affixed to 
the product or to the outside of its container, or to both, at the time of 
its sale to the ultimate purchaser or whether such notice shall be given 
to the prospective user in some other manner, (2) the form of the 
notice, and (3) the methods and units of measurement to be used. 
Sections 6(c)(2) shall apply to the prescribing of any regulation 
under this section. 
(c) This section does not prevent any State or political subdivision 
thereof from regulating product labeling or information respecting 
products in any way not in conflict with regulations prescribed by the 
Administrator under this section. 
1242 
PUBLIC LAW 92-574-OCT. 27, 1972 
[86 STAT. 
IMPORTS 
Regulations. 
SEC. 9. The Secretary of the Treasury shall, in consultation with 
the Administrator, issue regulations to carry out the provisions of this 
Act with respect to new products imported or offered for importation. 
Exemptions. 
Penalty. 
PROHIBITED ACTS 
SEC. 10. (a) Except as otherwise provided in subsection (b), the 
following acts or the causing thereof are prohibited: 
(1) In the case of a manufacturer, to distribute in commerce 
any new product manufactured after the- effective date of a regu-
lation prescribed under section 6 which is applicable to such prod-
uct, except in conformity with such regulation. 
(2) (A) The removal or rendering inoperative by any person, 
other than for purposes of maintenance, repair, or replacement, 
of any device or element of design incorporated into any product 
in compliance with regulations under section 6, prior to its sale 
or delivery to the ultimate purchaser or while it is in use, or 
(B) the use of a product after such device or element of design 
has been removed or rendered inoperative by any person. 
(3) In the case of a manufacturer, to distribute in commerce 
any new product manufactured after the effective date of a 
regulation prescribed under section 8(b) (requiring information 
respecting noise) which is applicable to such product, except in 
conformity with such regulation. 
(4) The removal by any person of any notice affixed to a 
product or container pursuant to regulations prescribed under 
section 8(b), prior to sale of the product to the ultimate purchaser. 
(5) The importation into the United States by any person of 
any new product in violation of a regulation prescribed under 
section 9 which is applicable to such product. 
(6) The failure or refusal by any person to comply with any 
requirement of section 11(d) or 13(a) or regulations prescribed 
under section 13(a), 17, or 18. 
(b) (1) For the purpose of research, investigations, studies, demon-
strations, or training, or for reasons of national security, the Admin-
istrator may exempt for a specified period of time any product, or 
class thereof, from paragraphs (1), (2), (3), and (5) of subsection 
(a), upon such terms and conditions as he may find necessary to pro-
tect the public health or welfare. 
(2) Paragraphs (1), (2), (3), and (4) of subsection (a) shall not 
apply with respect to any product which is manufactured solely for 
use outside any State and which (and the container of which) is 
labeled or otherwise marked to show that it is manufactured solely 
for use outside any State; except that such paragraphs shall apply 
to such product if it is in fact distributed in commerce for use in 
any State. 
ENFORCEMENT 
SEC. 11. (a) Any person who willfully or knowingly violates para-
graph (1), (3), (5), or (6) of subsection (a) of section 10 of this 
Act shall be punished by a fine of not more than $25,000 per day of 
violation, or by imprisonment for not more than one year, or by both. 
If the conviction is for a violation committed after a first conviction 
of such person under this subsection, punishment shall be by a fine 
of not more than $50,000 per day of violation, or by imprisonment 
for not more than two years, or by both. 
(b) For the purpose of this section, each day of violation of any 
paragraph of section 10(a) shall constitute a separate violation of 
that section. 
86 STAT. ] 
PUBLIC LAW 92-574-OCT. 27, 1972 
1243 
(c) The district courts of the United States shall have jurisdiction 
jurisdiction. 
of actions brought by and in the name of the United States to restrain 
any violations of section 10(a) of this Act. 
(d) (1) Whenever any person is in violation of section 10(a) of 
this Act, the Administrator may issue an order specifying such relief 
as he determines is necessary to protect the public health and welfare. 
(2) Any order under this subsection shall be issued only after 
notice and opportunity for a hearing in accordance with section 554 
of title 5 of the United States Code. 
so stat. 384. 
(e) The term "person," as used in this section, does not include a 
"Person." 
department, agency, or instrumentality of the United States. 
CITIZEN syrrs 
SEC. 12. (a) Except as provided in subsection (b), any person 
(other than the United States) may commence a civil action on his 
own behalf— 
(1) against any person (including (A) the United States, and 
(B) any other governmental instrumentality or agency to the 
extent permitted by the eleventh amendment to the Constitution) 
use prec. 
who is alleged to be in violation of any noise control requirement 
* * ^' 
(as defined in subsection (e)), or 
(2) against— 
(A) the Administrator of the Environmental Protection 
Agency where there is alleged a failure of such Adminis-
trator to perform any act or duty under this Act which is 
not discretionary with such Administrator, or 
(B) the Administrator of the Federal Aviation Adminis-
tration where there is alleged a failure of such Adminis-
trator to perform any act or duty under section 611 of the 
Federal Aviation Act of 1958 which is not discretionary with 
^^te, p. 1239. 
such Administrator. 
The district courts of the United States shall have jurisdiction, without 
Jurisdiction. 
regard to the aipount in controversy, to restrain such person from 
violating such noise control requirement or to order such Adminis-
trator to perform such act or duty, as the case may be. 
(b) No action may be commenced— 
(1) under subsection (a) (1')— 
(A) prior to sixty days after the plaintiff has given notice 
of the violation (i) to the Administrator of the Environ-
mental Protection Agency (and to the Federal Aviation 
Administrator in the case of a violation of a noise control 
requirement under such section 611) and (ii) to any alleged 
violator of such requirement, or 
(B) if an Administrator has commenced and is diligently 
prosecuting a civil action to require compliance with the noise 
control requirement, but in amy such action in a court of 
the United States any person may intervene as a matter of 
right, or 
(2) under subsection (a) (2) prior to sixty days after the 
plaintiff has given notice to the defendant that he will commence 
such action. 
Notice under this subsection shall be given in such manner as the 
Administrator of the Environmental Protection Agency shall prescribe 
by regulation. 
(c) In an action under this section, the Administrator of the 
Environmental Protection Agency, if not a party, may intervene as a 
matter of right. In an action under this section respecting a noise con-
trol requirement under section 611 of the Federal Aviation Act of 1958, 
Notice. 
Intervention. 
1244 
PUBLIC LAW 92-574-OCT. 27, 1972 
[86 STAT. 
Litigation 
costs. 
"Noise control 
requirement." 
Ante, p. 1239. 
the Administrator of tlie Federal Aviation Administration, if not a 
party, may also intervene as a matter of right. 
(d) The court, in issuing any final order in any action brought 
pursuant to subsection (a) of this section, may award costs of litigation 
(including reasonable attorney and expert witness fees) to any party, 
whenever the court determines such an award is appropriate. 
(e) Nothing in this section shall restrict any right which any person 
(or class of persons) may have under any statute or common law to 
seek enforcement of any noise control requirement or to seek any other 
relief (including relief against an Administrator). 
(f) For purposes of this section, the term "noise control requirement" 
means paragraph (1), (2), (3), (4), or (5) of section 10(a), or a 
standard, rule, or regulation issued under section 17 or 18 of this Act 
or under section 611 of the Federal Aviation Act of 1958. 
Confidential 
information. 
62 Stat. 791. 
Disclosure. 
Violations and 
penalties. 
RECORDS, REPORTS, AND INFORMATION" 
SEC. 13. (a) Each manufacturer of a product to which regulations 
under section 6 or section 8 apply shall— 
(1) establish and maintain such records, make such reports, 
provide such information, and make such tests, as the Adminis-
trator may reasonably require to enable him to determine whether 
such manufacturer has acted or is acting in compliance with this 
Act, 
(2) upon request of an officer or employee duly designated by 
the Administrator, permit such officer or employee at reasonable 
times to have access to such information and the results of such 
tests and to copy such records, and 
(3) to the extent required by regulations of the Administrator, 
make products coming off the assembly line or otherwise in 
the hands of the manufacturer available for testing by the 
Administrator. 
(b) (1) All information obtained by the Administrator or his rep-
resentatives pursuant to subsection (a) of this section, which infor-
mation 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 con-
sidered confidential for the purpose of that section, except that such 
information may be disclosed to other Federal officers or employees, 
in whose possession it shall remain confidential, or when relevant to 
the matter in controversy in any proceeding under this Act. 
(2) Nothing in this subsection shall authorize the withholding of 
information by the Administrator, or by any officers or employees 
under his control, from the duly authorized committees of the Congi-ess. 
(c) Any person who knowingly makes any false statement, repre-
sentation, or certification in any application, record, report, plan, or 
other document filed or required to be maintained under this Act or 
who falsifies, tampers with, or knowingly renders inaccurate any moni-
toring device or method required to be maintained under this Act, 
shall upon conviction be punished by a fine of not more than $10,000, 
or by imprisonment for not more than six months, or by both. 
RESEARCH, TECHNICAL ASSISTANCE, AND PUBLIC INFORMATION 
SEC. 14. In furtherance of his resjwnsibilities under this Act and 
to complement, as necessary, the noise-research programs of other 
Federal agencies, the Administrator is authorized to: 
(1) Conduct research, and finance research by contract with 
any person, on the effects, measurement, and control of noise, 
including but not limited t o — . . . . , . . , , , 
,. ,-,._.,,„ 
... 
86 STAT.] 
PUBLIC LAW 92-574-OCT. 27, 1972 
1245 
(A) investigation of the psychological and physiological 
effects of noise on humans and the effects of noise on domestic 
animals, wildlife, and property, and determination of accepta-
ble levels of noise on the basis of such effects; 
(B) development of improved methods and standards for 
measurement and monitoring of noise, in cooperation with 
the National Bureau of Standards, Department of Commerce; 
and 
(C) determination of the most effective and practicable 
means of controlling noise emission. 
(2) Provide technical assistance to State and local governments 
to facilitate their development and enforcement of ambient noise 
standards, including but not limited to— 
(A) advice on training of noise-control personnel and on 
selection and operation of noise-abatement equipment; and 
(B) preparation of model State or local legislation for noise 
control. 
(3) Disseminate to the public information on the effects of 
noise, acceptable noise levels, and techniques for noise measure-
ment and control. 
DEVELOPMENT OF LOW-NOISE-EMISSION PRODUCTS 
Definitions. 
SEC. 15. (a) For the purpose of this section: 
(1) The term "Committee" means the Low-Noise-Emission 
Product Advisory Committee. 
(2) The term "Federal Government" includes the legislative, 
executive, and judicial branches of the Government of the United 
States, and the government of the District of Columbia. 
(3) The term "low-noise-emission product" means any product 
which emits noise in amounts significantly below the levels speci-
fied in noise emission standards under regulations applicable 
under section 6 at the time of procurement to that type of product. 
(4) The term "retail price" means (A) the maximum statutory 
price applicable to any type of product; or (B) in any case 
where there is no applicable maximum statutory price, the most 
recent procurement price paid for any type of product. 
(b) (1) The Administrator shall determine which products qualify 
as low-noise-emission products in accordance with the provisions of 
this section. 
(2) The Administrator shall certify any product— 
(A) for which a certification application has been filed in 
accordance with paragraph (5) (A) of this subsection; 
(B) which is a low-noise-emission product as determined by 
the Administrator; and 
(C) which he determines is suitable for use as a substitute for 
a type of product at that time in use by agencies of the Federal 
Government. 
(3) The Administrator may establish a 
Low-Noise-Emission 
Product Advisory Committee to assist him in determining which Advisory commit-
products qualify as low-noise-emission products for purposes of this '^^' ^stabiish-
section. The Committee shall include the Administrator or his desig- ""ILmbership. 
nee, a representative of the National Bureau of Standards, and repre-
sentatives of such other Federal agencies and private individuals as 
the Administrator may deem necessary from time to time. Any mem-
ber of the Committee not employed on a full-time basis by the United 
States may receive the daily equivalent of the annual rate of basic pay 
in effect for grade GS-18 of the General Schedule for each day such note?^^ ^^^^ 
Certificatic 
Low-Noise-
Emission Product 
Federal Regis-
ter 
1246 
PUBLIC LAW 92-574-OCT. 27, 1972 
[86 STAT. 
Travel expenses, member is engaged upon work of the Committee. Each member of 
the Committee shall be reimbursed for travel expenses, including per 
diem in lieu of subsistence as authorized by section 5703 of title 5, 
80 Stat. 499; 
United States Code, for persons in the Government service employed 
83 Stat. 190. 
intermittently. 
.
.
. 
(4) Certification under this section shall be effective for a period 
of one year from the date of issuance. 
(5) (A) Any person seeking to have a class or model of product 
certified under this section shall file a certification application in 
accordance with regulations prescribed by the Administrator. 
^^"^"f p"°f ^" 
(-^) '^^® Administrator shall publish in the Federal Eegister a 
notice of each application received. 
(C) The Administrator shall make determinations for the purpose 
of this section in accordance with procedures prescribed by him by 
regulation. 
(D) The Administrator shall conduct whatever investigation is 
necessary, including actual inspection of the product at a place desig-
nated in regulations prescribed under subparagraph (A). 
(E) The Administrator shall receive and evaluate written com-
ments and documents from interested persons in support of, or in 
oppc^ition to, certification of the class or model of product under 
consideration. 
(F) Within ninety days after the receipt of a properly filed cer-
tification application the Administrator shall determine whether such 
product is a low-noise-emission product for purposes of this section. 
If the Administrator determines that such product is a low-noise-emis-
sion product, then within one hundred and eighty days of such 
determination the Administrator shall reach a decision as to whether 
such product is a suitable substitute for any class or classes of products 
presently being purchased by the Federal Government for use by its 
agencies. 
Pjibiication in 
(G) Immediately upon making any determination or decision under 
subparagraph (F), the Administrator shall publish in the Federal 
Register notice of such determination or decision, including reasons 
therefor. 
(c)(1) Certified low-noise-emission products shall be acquired by 
purchase or lease by the Federal Government for use by the Federal 
Government in lieu of other products if the Administrator of General 
Services determines that such certified products have procurement costs 
which are no more than 125 per centum of the retail price of the least 
expensive type of product for which they are certified substitutes. 
(2) Data relied upon by the Administrator in determining that a 
product is a certified low-noise-emission product shall be incorporated 
in any contract for the procurement of such product. 
(d) The procuring agency shall be required to purchase available 
certified low-noise-emission products which are eligible for purchase 
to the extent they are available before purchasing any other products 
for which any low-noise-emission product is a certified substitute. 
In making purchasing selections between competing eligible certified 
low-noise-emission products, the procuring agency shall give priority 
to any class or model which does not require extensive periodic main-
tenance to retain its low-noise-emission qualities or which does not 
involve operating costs significantly in excess of those products for 
which it is a certified substitute. 
Statutory price 
(e) For the purpose of procuring certified low-noise-emission 
w™ive"°"^' 
products any statutory price limitations shall be waived. 
Tests. 
(f) The Administrator shall, from time to time as he deems appro-
priate, test the emissions of noise from certified low-noise-emission 
products purchased by the Federal Government. If at any time he 
finds that the noise-emission levels exceed the levels on which certifi-
Federal Regis-
ter 
86 STAT. ] 
PUBLIC LAW 92-574-OCT. 27, 1972 
1247 
cation under this section was based, the Administrator shall give the 
supplier of such product written notice of this finding, issue public 
notice of it, and give the supplier an opportunity to make necessary 
repairs, adjustments, or replacements. If no such repairs, adjust-
ments, or replacements are made within a period to be set by the 
Administrator, he may order the supplier to show cause why the 
product involved should be eligible for recertification. 
(g) There are authorized to be appropriated for paying additional 
Appropriation, 
amounts for products pursuant to, and for carrying out the provi-
sions of, this section, $1,000,000 for the fiscal year ending June 30, 
1973, and $2,000,000 for each of the two succeeding fiscal years. 
(h) The Administrator shall promulgate the procedures required 
to implement this section within one hundred and eighty days after 
the date of enactment of this Act. 
JUDICIAL REVIEW; WITNESSES 
SEC. 16. (a) A petition for review of action of the Administrator 
of the Environmental Protection Agency in promulgating any stand-
ard or regulation under section 6, 17, or 18 of this Act or any labeling 
regulation under section 8 of this Act may be filed only in the United 
States Court of Appeals for the District of Columbia Circuit, and a 
petition for review of action of the Administrator of the Federal Avia-
tion Administration in promulgating any standard or regulation under 
section 611 of the Federal Aviation Act of 1958 may be filed only in 
^nte, p. 1239 
such court. Any such petition shall be filed within ninety days from 
the date of such promulgation, or after such date if such petition is 
based solely on grounds arising after such ninetieth day. Action of 
either Administrator with respect to which review could have been 
obtained under this subsection shall not be subject to judicial review 
in civil or criminal proceedings for enforcement. 
(b) If a party seeking review under this Act applies to the court 
for leave to adduce additional evidence, and shows to the satisfaction 
of the court that the information is material and was not available 
at the time of the proceeding before the Administrator of such Agency 
or Administration (as the case may be), the court may order such 
additional evidence (and evidence in rebuttal thereof) to be taken 
before such Administrator, and to be adduced upon the hearing, in such 
manner and upon such terms and conditions as the court may deem 
proper. Such Administrator may modify his findings as to the facts, 
or make new findings, by reason of the additional evidence so taken, 
and he shall file with the court such modified or new findings, and his 
recommendation, if any, for the modification or setting aside of his 
original order, with the return of such additional evidence. 
(c) With respect to relief pending review of an action by either 
Administrator, no stay of an agency action may be granted unless the 
reviewing court determines that the party seeking such stay is (1) 
likely to prevail on the merits in the review proceeding and (2) 
will suffer irreparable harm pending such proceeding. 
(d) For the purpose of obtaining information to carry out this Act, 
Subpenas. 
the Administrator of the Environmental Protection Agency may issue 
subpenas for the attendance and testimony of witnesses and the pro-
duction of relevant papers, books, and documents, and he may adminis-
ter oaths. Witnesses summoned shall be paid the same fees and mileage 
that are paid witnesses in the courts of the United States. In cases of 
contumacy or refusal to obey a subpena served upon any person under 
this subsection, the district court of the United States for any district 
in which such person is found or resides or transacts business, upon 
application by the United States and after notice to such person, 
1248 
PUBLIC LAW 92-574-OCT. 27, 1972 
[86 STAT. 
shall have jurisdiction to issue an order requiring such person to appear 
and give testimony before the Administrator, to appear and produce 
papers, books, and documents before the Administrator, or both, and 
any failure to obey such order of the court may be punished by such 
court as a contempt thereof. 
Regulations. 
27 Stat. 531. 
45 use 1. 
24 Stat. 379. 
49 u s e prec. 1 
note. 
80 Stat. 931. 
49 u s e 1651 
note. 
RAILBOAD NOISE EMISSION STANDARDS 
SEC. 17. (a) (1) Within nine months after the date of enactment 
of this Act, the Administrator shall publish proposed noise emission 
regulations for surface carrier's engaged in interstate commerce by rail-
road. Such proposed regulations shall include noise emission standards 
setting such limits on noise emissions resulting from operation of the 
equipment and facilities of surface carriers engaged in interstate com-
merce by railroad which reflect the degree of noise reduction achievable 
through the application of the best available technology, taking into 
account the cost of compliance. These regulations shall be in addition 
to any regulations that may be proposed under section 6 of this Act. 
(2) Within ninety days after the publication of such regulations as 
may be proposed under paragraph (1) of this subsection, and subject 
to the provisions of section 16 of this Act, the Administrator shall 
promulgate final regulations. Such regulations may be revised, from 
time to time, in accordance with this subsection. 
(3) Any standard or regulation, or revision thereof, proposed under 
this subsection shall be promulgated only after consultation with the 
Secretary of Transportation in order to assure appropriate considera-
tion for safety and technological availability. 
(4) Any regulation or revision thereof promulgated under this 
subsection shall take effect after such period as the Administrator finds 
necessary, after consultation with the Secretary of Transportation, 
to permit the development and application of the requisite technology, 
giving appropriate consideration to the cost of compliance within 
such period. 
(b) The Secretary of Transportation, after consultation with the 
Administrator, shall promulgate regulations to insure compliance with 
all standards promulgated by the Administrator under this section. 
The Secretary of Transportation shall carry out such regulations 
through the use of his powers and duties of enforcement and inspec-
tion authorized by the Safety Appliance Acts, the Interstate Com-
merce Act, and the Department of Transportation Act. Regulations 
promulgated under this section shall be subject to the provisions of 
sections 10,11,12, and 16 of this Act. 
(c) (1) Subject to paragraph (2) but notwithstanding any other 
provision of this Act, after the effective date of a regulation under 
this section applicable to noise emissions resulting from the operation 
of any equipment or facility of a surface carrier engaged in interstate 
commerce by railroad, no State or political subdivision thereof may 
adopt or enforce any standard applicable to noise emissions resulting 
from the operation of the same equipment or facility of such carrier 
unless such standard is identical to a standard applicable to noise 
emissions resulting from such operation prescribed by any regulation 
under this section. 
(2) Nothing in this section shall diminish or enhance the rights of 
any State or political subdivision thereof to establish and enforce 
standards or controls on levels of environmental noise, or to control, 
license, regulate, or restrict the use, operation, or movement of any 
product if the Administrator, after consultation with the Secretary of 
Transportation, determines that such standard, control, license, regula-
tion, or restriction is necessitated by special local conditions and is not 
in conflict with regulations promulgated under this section. 
86 STAT.] 
PUBLIC LAW 92-574-OCT. 27, 1972 
1249 
(d) The terms "carrier" and "railroad" as used in this section 
shall have the same meaning as such terms have under the first section 
of the Act of February 17, 1911 (45 U.S.C. 22). 
MOTOR CARRIER XOISE EMISSION 
STANDARDS 
SEC. 18. (a)(1) Within nine months after the date of enactment 
of this Act, the Administrator shall publish proposed noise emissioii 
regulations for motor carriers engaged in interstate commerce. Such 
proposed regulations shall include noise emission standards setting 
such limits on noise emissions resulting from operation of motor car-
riers engaged in interstate commerce which reflect the degree of noise 
reduction achievable through the application of the best available 
technology, taking into account the cost of compliance. These regula-
tions shall be in addition to any regulations that may be proposed 
under section 6 of this Act. 
(2) Within ninety days after the publication of such regulations 
as may be proposed under paragraph (1) of this subsection, and sub-
ject to the provisions of section 16 of this Act, the Administrator shall 
promulgate final regulations. Such regulations may be revised from 
time to time, in accordance with this subsection. 
(3) Any standard or regulation, or revision thereof, proposed under 
this subsection shall be promulgated only after consultation with the 
Secretary of Transportation m order to assure appropriate con-
sideration for safety and technological availability. 
(4) Any regulation or revision thereof promulgated under this 
subsection shall take effect after such period as the Administrator finds 
necessary, after consultation with the Secretary of Transportation, to 
permit the development and application of the requisite technology, 
giving appropriate consideration to the cost of compliance within such 
period. 
(b) The Secretary of Transportation, after consultation with the 
Administrator shall promulgate regulations to insure compliance with 
all standards promulgated by the Administrator under this section. 
The Secretary of Transportation shall carry out such regulations 
through the use of his powers and duties of enforcement and inspec-
tion authorized by the Interstate Commerce Act and the Department 
of Transportation Act. Regulations promulgated under this section 
shall be subject to the provisions of sections 10, 11, 12, and 16 of this 
Act. 
(c) (1) Subject to paragraph (2) of this subsection but notwith-
standing any other provision of this Act, after the effective date of a 
regulation under this section applicable to noise emissions resulting 
from the operation of any motor carrier engaged in inter-state com-
merce, no State or political subdivision thereof may adopt or enforce 
any standard applicable to the same operation of such motor carrier, 
unless such standard is identical to a standard applicable to noise emis-
sions resulting from such operation prescribed by any regulation under 
this section. 
(2) Nothing in this section shall diminish or enhance the rights of 
any State or political subdivision thereof to establish and enforce 
standards or controls on levels of environmental noise, or to control, 
license, regulate, or restrict the use, operation, or movement of any 
product if the Administrator, after consultation with the Secretary of 
Transportation, determines that such standard, control, license, regu-
lation, or restriction is necessitated by special local conditions and is 
not in conflict with regulations promulgated under this section. 
(d) For purposes of this section, the term "motor carrier" includes 
a common carrier by motor vehicle, a contract carrier by motor vehicle, 
36 Stat. 913; 
43 Stat. 659. 
Regulations. 
24 Stat. 379. 
49 u s e prec. 
1 note. 
80 Stat. 931. 
49 u s e 1651 
note. 
'Motor carrier.'* 
1250 
PUBLIC LAW 92-575-OCT. 27, 1972 
[86 STAT. 
49 Stat. 545; 
54 Stat. 920; 
71 Stat. 411. 
and a private carrier of property by motor vehicle as those terms are 
defined by paragraphs (14), (15), and (17) of section 203(a) of the 
Interstate Commerce Act (49 U.S.C. 303 (a)). 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 19. There is authorized to be appropriated to carry out this Act 
(other than section 15) $3,000,000 for the fiscal year ending June 30, 
1973; $6,000,000 for the fiscal year ending June 30, 1974; and 
$12,000,000 for the fiscal year ending June 30,1975. 
Approved October 27, 1972. 
Public Law 92-575 
October 27, 1972 
[H. R.13396] 
Delaware Water 
Gap National 
Recreation Area. 
Appropriation. 
16 u s e 460O-7. 
AN A C T 
42 u s e 4601 
note. 
Frank W. White-
nack, land con-
veyance. 
To authorize an increase in land acquisition funds for the Delaware Water Gap 
National Recreation Area, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That section 8 of the 
Act of September 1, 1965 (79 Stat. 612, 614), is amended by deleting 
the figure "$37,412,000" in the first sentence and substituting in lieu 
thereof the figure "$65,000,000". 
SEC. 2. That section 2 of the Act of September 1,1965 (79 Stat. 612) 
is amended by adding at the end thereof the following: ''''Provided, 
further, That whenever an owner of property elects to retain a right 
of use and occupancy pursuant to this Act, such owner shall be deemed 
to have waived any benefits or rights under the Uniform Relor«ation 
Assistance and Real Property Acquisition Policies Act of 1970 (84 
Stat. 1894)." 
SEC. 3. (a) That the Secretary of the Interior is authorized and 
directed to issue, subject to the provisions of this section, to Frank W. 
Whitenack of Georgetown, Colorado, a patent in fee (exclusive of oil, 
gas, and other mineral rights) to the following described tract of land, 
situated in the vicinity of Georgetown, Colorado: 
Beginning at a stake at corner numbered 1, whence the northeast 
comer section 5, township 4 south, range 74 west, sixth principal 
meridian bears north 29 degrees 57 minutes west 761.7 feet, thence 
east 279.7 feet to corner numbered 2, thence south 176.0 feet to corner 
numbered 3, thence south 82 degrees 16 minutes west 200.5 feet to 
corner numbered 4 which is also corner numbered 1, survey numbered 
18737, Dora Lode, thence south 7 degrees 44 minutes east 150 feet 
to corner numbered 5. which is also comer numbered 4, survey num-
bered 18737 Dora Lode, thence north 82 degrees 16 minutes east 180.1 
feet to corner numbered 6, thence south 992.6 feet to corner numbered 
7, thence west 660 feet to corner numbered 8, thence north 502 feet to 
corner numbered 9, thence south 60 degrees 20 minutes east 119.4 feet 
to corner numbered 10, which is also comer numbered 3 survey num-
bered 408 Mills Placer, thence north 17 degrees 30 minutes east 919.7 
feet to the place of beginning. 
(b) The patent in fee authorized by this Kct shall be issued subject 
to the payment by the said Frank W. Whitenack to the Secretary of 
the Interior of an amount equal to the fair market value of the prop-
erty conveyed as determined by the Secretary after appraisal, exclu-
sive of improvements placed thereon by Frank W. Whitenack and his 
grantees. 
Approved October 27, 1972.