An Act to amend the Federal Water Pollution Control Act, as amended, and for other purposes
PL 91-224 (H.R.4148), enacted 04/03/1970

84 STAT. ] 
PUBLIC LAW 91-224-APR. 3, 1970 
91 
Public Law 91-224 
AN ACT 
Citation 
title. 
Repeal. 
80 Stat. 
33 use 
466n. 
33 use 
note. 
70 Stat. 
1 of 
1252. 
466m, 
466 
506; 
79 Stat. 903. 
33 use 
466^. 
466h-
Definitions. 
April 3, 1970 
To amend the Federal Water Pollution Control Act, as amended, and for other 
[H. R. 4i48] 
purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled., 
Po^iiutlon^ c'onuoi 
Act, amendments;. 
TITLE I—WATEK QUALITY IMPROVEMENT 
SEC. 101. This title may be cited as the "Water Quality Improve-
ment Act of 1970". 
SEC. 102. Existing sections 17 and 18 of the Federal Water Pollution 
Control Act, as amended, are hereby repealed. Section 19 of such Act is 
redesignated as section 27. Sections 11 through 16 of such Act are 
redesignated as sections 21 through 26, respectively. Such Act is 
further amended by inserting after section 10 the following new 
sections: 
"CONTROL OF POLLUTION BY OIL 
"SEC. 11. (a) For the purpose of this section, the term— 
"(1) 'oil'means oil of any kind or in any form, including, but 
not limited to, petroleum, fuel oil, sludge, oil refuse, and oil mixed 
with wastes other than dredged spoil; 
"(2) 'discharge' includes, but is not limited to, any spilling, 
leaking, pumping, pouring, emitting, emptying or dumping; 
"(3) 'vessel' means every description of watercraft or other 
artificial contrivance used, or capable of being used, as a means of 
transportation on water other than a public vessel; 
" (4) 'public vessel' means a vessel owned or bare-boat chartered 
and operated by the United States, or by a State or political sub-
division thereof, or by a foreign nation, except when such vessel is 
engaged in commerce; 
"(5) 'United States'means the States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Canal Zone, Guam, Amer-
ican Samoa, the Virgin Islands, and the Trust Territory of the 
Pacific Islands; 
"(6) 'owner or operator' means (A) in the case of a vessel, any 
person owning, operating, or chartering by demise, such vessel, 
and (B) in the case of an onshore facility, and an offshore facil-
ity, any person owning or operating such onshore facility or off-
shore facility, and (C) in the case of any abandoned offshore 
facility, the person who owned or operated such facility immedi-
ately prior to such abandonment; 
" ( 7 ) 'person' includes an individual, firm, corporation, asso-
ciation, and a partnership. 
" (8) 'remove' or 'removal' refers to removal of the oil from the 
water and shorelines or the taking of such other actions as may be 
necessarj^ to minimize or mitigate damage to the public healtn or 
welfare, including, but not limited to, fish, shellfish, wildlife, and 
public and private property, shorelines, and beaches; 
" (9) 'contiguous zone' means the entire zone established or to be 
established by the United States under article 24 of the Conven-
tion on the Territorial Sea and the Contiguous Zone; 
"(10) 'onshore facility' means any facility (including, but not 
limited to, motor vehicles and rolling stock) of any kind located 
in, on, or under, any land within the United States other than 
submerged land; 
lilun'i'^ 
.•<iiert9'"-I 
15 U S T 1 6 0 6 . 
92 
PUBLIC LAW 91-224-APR. 3, 1970 
' 
[84 STAT. 
"(11) 'offshore facility' means any facility of any kind located 
in, on, or under, any of the navigable waters of the United States 
other than a vessel or a public vessel; 
"(12) 'act of God' means an act occasioned by an unanticipated 
grave natural disaster; 
"(13) 'barrel' means 42 United States gallons at 60 degrees 
Fahrenheit. 
"(b) (1) The Congress hereby declares that it is the policy of the 
United States that there should be no discharges of oil into or upon the 
navigable waters of the United States, adjoining shorelines, or into or 
upon the waters of the contiguous zone. 
"(2) The discharge of on into or upon the navigable waters of the 
United States, adjoining shorelines, or into or upon the waters of the 
contiguous zone in harmful quantities as determined by the President 
under paragraph (3) of this subsection, is prohibited, except (A) in 
the case of such discharges into the waters of the contiguous zone, 
where permitted under article IV of the International Convention for 
1
2 usT 2994. 
the Preveutlou of Pollution of the Sea by Oil, 1954, as amended, and 
(B) where permitted in quantities and at times and locations or under 
such circumstances or conditions as the President may, by regulation, 
determine not to be harmful. Any regulations issued under this subsec-
tion shall be consistent with maritime safety and with marine and 
navigation laws and regulations and applicable water quality 
standards. 
charTi"pr"s?i^' 
"('^) '^^^ President shall, by regulation, to be issued as soon as 
dentiai determina- possible after the date of enactment of this paragraph, determine for 
"°ii- 
the purposes of this section, those quantities of oil the discharge of 
which, at such times, locations, circumstances, and conditions, will be 
harmful to the public health or welfare of the United States, includ-
ing, but not limited to, fish, shellfish, wildlife, and public and private 
property, shorelines, and beaches, except that in the case of the dis-
charge of oil into or upon the waters of the contiguous zone, only those 
discharges which threaten the fishery resources of the contiguous zone 
or threaten to pollute or contribute to the pollution of the territory or 
the territorial sea of the United States may be determined to be 
harmful. 
"(4) Any person in charge of a vessel or of an onshore facility or an 
offshore facility shall, as soon as he has knowledge of any discharge of 
oil from such vessel or facility in violation of paragraph (2) of this 
subsection, immediately notify the appropriate agency of the United 
Penalty. 
Statcs Govemmeut of such discharge. Any such person who fails to 
notify immediately such agency of such discharge shall, upon con-
viction, be fined not more than $10,000, or imprisoned for not more 
than one year, or both. Notification received pursuant to this paragraph 
or information obtained by the exploitation of such notification shall 
not be used against any such person in any criminal case, except a 
prosecution for perjury or for giving a false statement. 
Penalty. 
"(5) Auy owuer or operator of any vessel, onshore facility, or off-
shore facility from which oil is knowingly discharged in violation 
of paragraj)n (2) of this subsection shall be assessed a civil penalty by 
the Secretary of the department in which the Coast Guard is operating 
of not more than $10,000 for each offense. No penalty shall be assessed 
unless the owner or operator charged shall have been given notice and 
opportunity for a hearing on such charge. Each violation is a separate 
offense. Any such civil penalty may be compromised by such Secretary. 
In determining the amount of the penalty, or the amount agreed upon 
in compromise, the appropriateness of such penalty to the size of the 
business of the owner or operator charged, the effect on the owner or 
operator's ability to continue in business, and the gravity of the viola-
tion, shall be considered by such Secretary. The Secretary of the 
84 STAT. ] 
PUBLIC LAW 91-224-APR. 3, 1970 
93 
Treasury shall withhold at the request of such Secretary the clearance 
required by section 4197 of the Eevised Statutes of the United States, 
as amended (46 U.S.C. 91), of any vessel the owner or operator of 
which is subject to the foregoing penalty. Clearance may be granted 
in such cases upon the filing of a bond or other surety satisfactory 
to such Secretary. 
"(c) (1) Whenever any oil is discharged, into or upon the navigable 
Removal. 
waters of the United States, adjoining shorelines, or into or upon the 
waters of the contiguous zone, the President is authorized to act to 
remove or arrange for the removal of such oil at any time, unless he 
determines such removal will be done properly by the owner or opera-
tor of the vessel, onshore facility, or offshore facility from which the 
discharge occurs. 
"(2) Within sixty days after the effective date of this section, the ti;^enc"^pian"' 
President shall prepare and publish a National Contingency Plan for 
removal of oil pursuant to this subsection. Such National Contingency 
Plan shall provide for efficient, coordinated, and effective action to 
minimize damage from oil discharges, including containment, dis-
persal, and removal of oil, and shall include, but not be limited to— 
"(A) assignment of duties and responsibilities among Federal 
departments and agencies in coordination with State and local 
agencies, including, but not limited to, water pollution control, 
conservation, and port authorities; 
"(B) identification, procurement, maintenance, and storage of 
equipment and supplies; 
"(C) establishment or designation of a strike force consisting 
of personnel who shall be trained, prepared, and available to ~
~ 
provide necessary services to carry out the Plan, including the 
establishment at major ports, to be determined by the President, 
of emergency task forces of trained personnel, adequate oil pollu-
tion control equipment and material, and a detailed oil pollution 
prevention and removal plan; 
"(D) a system of surveillance and notice designed to insure 
earliest possible notice of discharges of oil to the appropriate 
Federal agency; 
"(E) establishment of a national center to provide coordination 
and direction for operations in carrying out the Plan; 
"(F) procedures and techniques to be employed in identifying, 
containing, dispersing, and removing oil; and 
"(G) a schedule, prepared in cooperation with the States, identi-
fying (i) dispersants and other chemicals, if any, that may be 
used in carrying out the Plan, (ii) the waters in which such dis-
persants and chemicals may be used, and (iii) the quantities of 
such dispersant or chemical which can be used safely in such 
waters, which schedule shall provide in the case of any dispers-
ant, chemical, or waters not specifically identified in such sched-
ule that the President, or liis delegate, may, on a case-by-case 
basis, identify the dispersants and other chemicals which may be 
used, the waters in which they may be used, and the quantities 
which can be used safely in such waters. 
The President may, from time to time, as he deems advisable, revise or 
otherwise amend the National Contingencv P^an. After publication of 
the National Contingency Plan, tlie removal of oil and actions to mini-
mize damage from oil discharges shall, to the greatest extent possible, 
be in accordance with the National Contingency Plan. 
"(d) Whenever a marine disaster in or upon the navigable waters of 
the United States has created a substantial threat of a pollution hazard 
to the public health or welfare of the United States, including, but not 
47-348 O - 72 - 10 (Pt. 1) 
94 
PUBLIC LAW 91-224-APR. 3, 1970 
[84 STAT. 
Liability. 
Limitation; ex-
ception. 
limited to, fish, shellfish, and wildlife and the public and private shore-
lines and beaches of the United States, because of a discharge, or an im-
minent discharge, of large quantities of oil from a vessel the United 
States may (A) coordinate and direct all public and private efforts 
directed at the removal or elimination of such threat; and (B) sum-
marily remove, and, if necessary, destroy such vessel by whatever 
means are available without regard to any provision of law governing 
the employment of personnel or the expenditure of appropriated funds. 
Any expense incurred under this subsection shall be a cost incurred 
by the United States Government for the purposes of subsection (f) 
in the removal of oil. 
"(e) In addition to any other action taken by a State or local gov-
ernment, when the President determines there is an imminent and sub-
stantial threat to the public health or welfare of the United States, 
including, but not limited to, fish, shellfish, and wildlife and public and 
private property, shorelines, and beaches within the United States, 
because of an actual or threatened discharge of oil into or upon the 
navigable waters of the United States from an onshore or offshore 
facility, the President may require the United States attorney of the 
district in which the threat occurs to secure such relief as may be 
necessary to abate such threat, and the district courts of the United 
States shall have jurisdiction to grant such relief as the public interest 
and the equities of tilie case may require. 
"(f)(1) Except where an owner or operator can prove that a dis-
charge was caused solely by (A) an act of God, (B) an act of war, 
(C) negligence on the part of the United States Government, or (D) 
an act or omission of a third party without regard to whether any such 
act or omission was or was not negligent, or any combination of the 
foregoing clauses, such owner or operator of any vessel from which oil 
is discharged in violation of subsection (b) (2) of this section shall, 
notwithstanding any other provision of law, be liable to the United 
States Government for the actual costs incurred under subsection (c) 
for the removal of such oil by the LTnited States Government in an 
amount not to exceed $100 per gross ton of such vessel or $14,000,000, 
whichever is lesser, except that where the United States can show that 
such discharge was the result of willful negligence or willful mis-
conduct within the privity and knowledge of the owner, such owner or 
operator shall be liable to the United States Government for the full 
amount of such costs. Such costs shall constitute a maritime lien on such 
vessel which may be recovered in an action in rem in the district court 
of the United States for any district within which any vessel may be 
found. The United States may also bring an action against the owner 
or operator of such vessel in any court of competent jurisdiction to 
recover such costs. 
"(2) Except where an owner or operator of an onshore facility 
can prove that a discharge was caused solely by (A) an act of God, 
(B) an act of war, (C) negligence on the part of the United States 
Government, or (D) an act or omission of a third party without 
regard to whether any such act or omission was or was not negligent, 
or any combination of the foregoing clauses, such owner or operator 
of any such facility from which oil is discharged in violation of sub-
section (b) (2) of this section shall be liable to the United States 
Government for the actual costs incurred under subsection (c) for 
the removal of such oil by the United States Government in an amount 
not to exceed $8,000,000, except that where the United States can 
show that such discharge was the result of willful negligence or will-
ful misconduct within the privity and knowledge of the owner, such 
owner or operator shall be liable to the United States Government for 
the full amount of such costs. The United States may bring an action 
ception. 
84 STAT. ] 
PUBLIC LAW 91-224-APR. 3, 1970 
95 
against the owner or operator of such facility in any court of com-
petent jurisdiction to recover such costs. The Secretary is authorized, 
classification 
by regulation, after consultation with the Secretary of Commerce uesl^*^^^^ 
and the Small Business Administration, to establish reasonable and 
equitable classifications of those onshore facilities having a total fixed 
storage capacity of 1,000 barrels or less which he determines because 
of size, type, and location do not present a substantial risk of the 
discharge of oil in violation of subsection (b) (2) of this section, and 
apply with respect to such classifications differing limits of liability 
which may be less than the amount contained in this paragraph. 
"(3) Except where an owner or operator of an offshore facility 
Liability. 
can prove that a discharge was caused solely by (A) an act of God, 
(B) an act of war, (C) negligence on the part of the United States 
Government, or (D) an act or omission of a third party without 
regard to whether any such act or omission w as or was not negligent, 
or any combination of the foregoing clauses, such owner or operator 
of any such facility from which oil is discharged in violation of sub-
section (b) (2) of this section shall, notwithstanding any other pro-
vision of law, be liable to the United States Government for the actual 
costs incurred under subsection (c) for the removal of such oil by 
the United States Government in an amount not to exceed $8,000,000, ^^^J7^"^''°"= ^
"
^ 
except that where the United States can show that such discharge w^as 
the result of willful negligence or willful misconduct within the priv-
ity and knowledge of the owner, such owner or operator shall be liable 
to the United States Government for the full amount of such costs. 
The United States may bring an action against the owner or operator 
of such a facility in any court of competent jurisdiction to recover 
such costs. 
"(g) In any case where an owner or operator of a vessel, of an 
onshore facility, or of an offshore facility, from which oil is discharged 
in violation of subsection (b) (2) of this section proves that such dis-
charge of oil was caused solely by an act or omission of a third party, 
or was caused solely by such an act or omission in combination w^ith an 
act of God, an act of w^ar, or negligence on the part of the United States 
Government, such third party shall, notwithstafiding any other pro-
vision of law, be liable to the United States Government for the actual 
costs incurred under subsection (c) for removal of such oil by the 
United States Government, except where such third party can prove 
that such discharge was caused solely by (A) an act of God, (B) an 
act of war, (C) negligence on the part of the United States Govern-
ment, or (D) an act or omission of another party without regard to 
whether such act or omission was or was not negligent, or any com-
bination of the foregoing clauses. If such third party was the owner or 
operator of a vessel which caused the discharge of oil in violation of 
subsection (b) (2) of this section, the liability of such third party 
under this subsection shall not exceed $100 per gross ton of such vessel 
or $14,000,000, whichever is the lesser. In any other case the liability of 
such third party shall not exceed the limitation which would have been 
applicable to the owner or operator of the vessel or the onshore or off-
shore facility from which the discharge actually occurred, if such 
owner or operator were liable. If the United States can show that the 
discharge of oil in violation of subsection (b) (2) of this section was 
the result of willful negligence or willful misconduct within the 
privity and knowledge of such third party, such third party shall be 
liable to the United States Government for the full amount of such 
removal costs. The United States may bring an action against the third 
party in any court of competent jurisdiction to recover such removal 
costs. 
96 
PUBLIC LAW 91-224-APR. 3, 1970 
[84 STAT. 
Recovery of 
costs. 
67 Stat. 462. 
43 u s e 1331 
note. 
Payment. 
Regulations. 
Failure to com-
ply. 
Penalty. 
Notification. 
Hearing oppor-
tunity. 
Revolving 
fund, appropria-
tion. 
Post, p. 98. 
" (h) The liabilities established by this section shall in no way affect 
any rights which (1) the owner or operator of a vessel or of an onshore 
facility or an offshore facility may have against any third party whose 
acts may in any way have caused or contributed to such discharge, or 
(2) the United States Government may have against any third party 
whose actions may in any way have caused or contributed to the dis-
charge of oil. 
"(i) (1) In any case where an owner or operator of a vessel or an 
onshore facility or an offshore facility from which oil is discharged in 
violation of subsection (b) (2) of this section acts to remove such oil in 
accordance with regulations promulgated pursuant to this section, such 
owner or operator shall be entitled to recover the reasonable costs 
incurred in such removal upon establishing, in a suit which may be 
brought against the United States Government in the United States 
Court of Claims, that such discharge was caused solely by (A) an act 
of God, (B) an act of war, (C) negligence on the part of the United 
States Government, or (D) an act or omission of a third party without 
regard to whether such act or omission was or was not negligent, or of 
any combination of the foregoing clauses. 
"(2) The provisions of this subsection shall not apply in any case 
where liability is established pursuant to the Outer Continental Shelf 
Lands Act. 
" (3) Any amount paid in accordance with a judgment of the United 
States Court of Claims pursuant to this section shall be paid from the 
fund established pursuant to subsection (k). 
"(j) (1) Consistent with the National Contingency Plan required by 
subsection (c) (2) of this section, as soon as practicable after the effec-
tive date of this section, and from time to time thereafter, the President 
shall issue regulations consistent with maritime safety and with marine 
and navigation laws (A) establishing methods and procedures for 
removal of discharged oil, (B) establishing criteria for the develop-
ment and implementation of local and regional oil removal contin-
gency plans, (C) establishing procedures, methods, and requirements 
for equipment to prevent discharges of oil from vessels and from 
onshore facilities and offshore facilities, and (D) governing the inspec-
tion of vessels carrying cargoes of oil and the inspection of such car-
goes in order to reduce the likelihood of discharges of oil from such 
vessels in violation of this section. 
"(2) Any owner or operator of a vessel or an onshore facility or an 
offshore facility and any other person subject to any regulation issued 
under paragraph (1) of this subsection who fails or refuses to comply 
with the provisions of any such regulation, shall be liable to a civil 
penalty of not more than $5,000 for each such violation. Each violation 
shall l>e a separate offense. The President may assess and compromise 
such penalty. No penalty shall be assessed until the owner, operator, 
or other person charged shall have been given notice and an oppor-
tunity for a hearing on such charge. In determining the amount of the 
penalty, or the amount agreed upon in compromise, the gravity of the 
violation, and the demonstrated good faith of the owner, operator, or 
other person charged in attempting to achieve rapid compliance, after 
notification of a violation, shall be considered by the President. 
"(k) There is hereby authorized to be appropriated to a revolving 
fund to be established in the Treasury not to exceed $35,000,000 to 
carry out the provisions of subsections (c), (i), and (1) of this section 
and section 12 of this Act. Any other funds received by the United 
States under this section shall also be deposited in said fund for such 
purposes. All sums appropriated to, or deposited in, said fund shall 
remain available until expended. 
84 STAT. ] 
PUBLIC LAW 91-224-APR. 3, 1970 
97 
"(1) The President is authorized to delegate the administration of 
this section to the heads of those Federal departments, agencies, and 
instrumentalities which he determines to be appropriate. Any moneys 
in the fund established by subsection (k) of this section shall be avail-
able to such Federal departments, agencies, and instrumentalities to 
carry out the provisions of subsections (c) and (i) of this section and 
section 12 of this Act. Each such department, agency, and instru-
mentality, in order to avoid duplication of effort, shall, whenever 
appropriate, utilize the personnel, services, and facilities of other 
Federal departments, agencies, and instrumentalities, 
" (m) Anyone authorized by the President to enforce the provisions 
of this section may, except as to public vessels, (A) board and inspect 
any vessel upon the navigable waters of the United States or the waters 
of the contiguous zone, (B) with or without a warrant arrest any per-
son who violates the provisions of this section or any regulation issued 
thereunder in his presence or view, and (C) execute any warrant or 
other process issued by an officer or court of competent jurisdiction. 
"(n) The several district courts of the United States are invested 
with jurisdiction for any actions, other than actions pursuant to sub-
section (i) (1), arising under this section. In the case of Guam, such 
actions may be brought in the district court of Guam, and in the case of 
the Virgin Islands such actions may be brought in the district court of 
the Virgin Islands. In the case of American Samoa and the Trust Ter-
ritory of the Pacific Islands, such actions may be brought in the Dis-
trict Court of the United States for the District of Hawaii and such 
court shall have jurisdiction of such actions. In the case of the Canal 
Zone, such actions may be brought in the United States District Court 
for the District of the Canal Zone, 
"(o) (1) Nothing in this section shall affect or modify in any way 
the obligations of any owner or operator of any vessel, or of any owner 
or operator of any onshore facility or offshore facility to any person or 
agency under any provision of law for damages to any publicly-owned 
or privately-owned property resulting from a discharge of any oil or 
from the removal of any such oil. 
"(2) Nothing in this section shall be construed as preempting any 
State or political subdivision thereof from imposing any requirement 
or liability with respect to the discharge of oil into any waters within 
such State. 
"(3) Nothing in this section shall be construed as affecting or modi-
fying any other existing authority of any Federal department, agency, 
or instrumentality, relative to onshore or offshore facilities under this 
Act or any other provision of law, or to affect any State or local law 
not in conflict with this section. 
"(p) (1) Any vessel over three hundred gross tons, including any 
barge of equivalent size, using any port or place in the United States 
or the navigable waters of the United States for any purpose shall 
establish and maintain under regulations to be prescribed from time 
to time by the President, evidence of financial responsibility of $100 
per gross ton, or $14,000,000 whichever is the lesser, to meet the liability 
to the United States which such vessel could be subjected under this 
section. In cases where an owner or operator owns, operates, or char-
ters more than one such vessel, financial responsibility need only be 
established to meet the maximum liability to which the largest of such 
vessels could be subjected. Financial responsibility may be established 
by any one of, or a combination of, the following methods acceptable 
to the President: (A) evidence of insurance, (B) surety bonds, (C) 
qualification as a self-insurer, or (D) other evidence of 
financial 
responsibility. Any bond filed shall be issued by a bonding company 
authorized to do business in the United States. 
Post, p. 98. 
Enforcement, 
Jurisdictions, 
Property dam-
age. 
Financial re-
sponsibility, es-
tablishment. 
Amount. 
Methods. 
98 
PUBLIC LAW 91-224-APR. 3, 1970 
[84 
STAT. 
Effective date. 
Study. 
Report and 
recommendations 
to Congress and 
the President. 
"(2) The provisions of paragraph (1) of this subsection shall be 
effective one year after the effective date of this section. The President 
shall delegate the responsibility to carry out the provisions of this 
subsection to the appropriate agency head within sixty days after the 
date of enactment of this section. Regulations necessary to implement 
this subsection shall be issued within six months after the date of 
enactment of this section. 
"(3) Any claim for costs incurred by such vessel may be brought 
directly against the insurer or any other person providmg evidence 
of financial responsibility as required under this subsection. In the 
case of any action pursuant to this subsection such insurer or other 
person shall be entitled to invoke all rights and defenses which would 
have been available to the owner or operator if an action had been 
brought against him by the claimant, and which would have been 
available to him if an action had been brought against him by the 
owner or operator. 
"(4) The Secretary of Transportation, in consultation with the 
Secretaries of Interior, State, Commerce, and other interested Federal 
agencies, representatives of the merchant marine, oil companies, in-
surance companies, and other interested individuals and organiza-
tions, and taking into account the results of the application of 
paragraph (1) of this subsection, shall conduct a study of the need 
for and, to the extent determined necessary— 
"(A) other measures to provide financial responsibility and 
limitation of liability with respect to vessels using the navigable 
waters of the United States; 
"(B) measures to provide financial responsibility for all 
onshore and offshore facilities; and 
"(C) 
other measures for limitation of liability of such 
facilities; 
for the cost of removing discharged oil and paying all damages result-
ing from the discharge of such oil. The Secretary of Transportation 
shall submit a report, together with any legislative recommendations, 
to Congress and the President by January 1,1971. 
a 
Ante, p. 91. 
80 Stat. 381; 
81 Stat. 54. 
CONTROL o r HAZARDOUS POLLUTING SUBSTANCES 
"SEC. 12. (a) The President shall, in accordance with subsection 
(b^ of this section, develop, promulgate, and revise as may be appro-
priate, regulations (1) designating as hazardous substances, other 
than oil as defined in section 11 of this Act, such elements and com-
pounds which, when discharged in any quantity into or upon the 
navigable waters of the United States or adjoining shorelines or the 
waters of the contiguous zone, present an imminent and substantial 
danger to the public health or welfare, including, but not limited to, 
fish, shellfish, wildlife, shorelines, and beaches; and (2) establishing, 
if appropriate, recommended methods and means for the removal of 
such substances. 
"(b) Sections 551 through 559, inclusive (other than section 553 
(c)), and 701 through 706, inclusive, of title 5, United States Code, 
shall apply to regulations issued under authority of this section. 
"(c) In order to facilitate the removal, if appropriate, of any 
hazardous substance any person in charge of a vessel or of an on-
shore or offshore facility of any kind shall, as soon as he has knowl-
edge of any discharge of such substance from such vessel or facility,, 
immediately notify the appropriate agency of the United States of 
such discharge. 
84 STAT. ] 
PUBLIC L
A
W 91-224-APR. 3, 1970 
09 
"(d) Whenever any hazardous substance is discharged into or 
upon the navigable waters of the United States or adjoining shore-
lines or the waters of the contiguous zone, unless removal is immedi-
ately undertaken by the owner or operator of the vessel or onshore or 
offshore facility from which the discharge occurs or which caused the 
discharge, pursuant to the regulations promulgated under this section, 
the President, if appropriate, shall remove or arrange for the removal 
thereof in accordance with such regulations. Nothing in this subsec-
tion shall be construed to restrict the authority of the President to 
act to remove or arrange for the removal of such hazardous substance 
at any time. 
"(e) Nothing in this section shall affect or modify in any way the 
obligations of any owner or operator of any vessel, onshore or offshore 
facility to any person or agency under any provision of law for 
damages to any publicly- or privately-owned property resulting from 
a discharge of any hazardous substance or from the removal of any 
such substance. 
"(f) (1) For the purpose of this section the definitions in subsec-
tion (a) of section 11 of this Act shall be applicable to the provisions 
of this section, except as provided in paragraph (2) of this subsection: 
"(2) For the purpose of this section, the term— 
"(A) 'remove' or 'removal' refers to removal of the hazardous 
substances from the water and shorelines or the taking of such 
other actions as may be necessary to minimize or mitigate damage 
to the public health or welfare, including, but not limited to, fish, 
shellfish, wildlife, and public and private property, shorelines, and 
beaches; 
"(B) 'owner or operator'means any person owning, operating, 
chartering by demise, or otherwise controlling the operations of, a 
vessel, or any person owning, operating, or otherwise controlling 
the operations of an onshore or offshore facility; and 
"(C) 'offshore or onshore facility' means any facility of any 
kind and related appurtenances thereto which is located m, on, or 
under the surface of any land, or permanently or temporarily 
affixed to any land, including lands beneath the navigable waters 
of the United States and which is used or capable of use for the 
purpose of processing, transporting, producing, storing, or trans-
ferring for commercial purposes any hazardous substance desig-
nated under this section. 
"(g) The President shall submit a report to the Congress, together 
with his recommendations, not later than November 1, 1970, on the 
need for, and desirability of, enacting legislation to impose liability 
for the cost of removal of hazardous substances discharged from ves-
sels and onshore and offshore facilities subject to this section including 
financial responsibility requirements. In preparing this report, the 
President shall conduct an accelerated study which shall include, but 
not be limited to, the method and measures for controlling hazardous 
substances to prevent this discharge, and the most appropriate meas-
ures for (1) enforcement (including the imposition of civil and crimi-
nal penalties for discharges and for failure to notify) and (2) recovery 
of costs incurred by the United States if removal is undertaken by the 
United States. In carrying out this study, the President shall consult 
with the interested representatives of the various public and private 
groups that would be affected by such legislation as well as other inter-
ested persons. 
"(h\ Any moneys in the funds established by section 11 of this Act 
shall be available to the President to carry out the purposes of this 
section. In carrying out this section the President shall utilize the per-
sonnel, services, and facilities of Federal departments, agencies, and 
instrumentalities in such manner as will avoid duplication of effort. 
Ante, 
p. 91. 
Definitions. 
Presidential 
report and recom-
mendations to 
Congress. 
•;J:i/S'->i 
Availability of 
100 
PUBLIC LAW 91-224-APR. 3, 1970 
[84 STAT. 
"CONTROL OF SEWAGE FROM VESSELS 
Definitions. 
"SEC. 13. (a) For the purpose of this section, the term— 
"(1) 'new vessel' includes every description of watercraft or 
other artificial contrivance used, or capable of being used, as a 
means of transportation on the navigable waters of the United 
States, the construction of which is initiated after promulgation 
of standards and regulations under this section; 
" (2) 'existing vessel' includes every description of watercraft or 
other artificial contrivance used, or capable of being used, as a 
means of transportation on the navigable waters of the United 
States, the construction of which is initiated before promulgation 
of standards and regulations under this section; 
"(3) 'public vessel' means a vessel owned or bareboat chartered 
and operated by the United States, by a State or political subdivi-
sion thereof, or by a foreign nation, except when such vessel is 
engaged in commerce; 
"(4) 'United States' includes the States, the District of Colum-
bia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, 
American Samoa, the Canal Zone, and the Trust Territory of the 
Pacific Islands; 
"(5) 'marine sanitation device' includes any equipment for 
installation on board a vessel which is designed to receive, retain, 
treat, or discharge sewage, and any process to treat such sewage; 
"(6) 'sewage' means human body wastes and the wastes from 
toilets and other receptacles intended to receive or retain body 
wastes; 
"(7) 'manufacture' means any person engaged in the manufac-
turing, assembling, or importation of marine sanitation devices or 
of vessels subject to standards and regulations promulgated under 
this section; 
"(8) 'person' means an individual, partnership, firm, corpora-
tion, or association, but does not include an individual on board a 
public vessel; 
"(9) 'discharge' includes, but is not limited to, any spilling, 
leaking, pumping, pouring, emitting, emptying, or dumping, 
standards. 
" (b) (1) As soou as possiblc, after the enactment of this section and 
Post, p. 112. 
subject to the provisions of section 5 (j) of this Act, the Secretary, after 
consultation with the Secretary of the department in which the Coast 
Guard is operating, after giving appropriate consideration to the eco-
nomic costs involved, and within the limits of available technology, 
shall promulgate Federal standards of performance for marine sanita-
tion devices (hereafter in this section referred to as 'standards') which 
shall be designed to prevent the discharge of untreated or inadequately 
treated sewage into or upon the navigable waters of the United States 
from new vessels and existing vessels, except vessels not equipped with 
installed toilet facilities. Such standard!s shall be consistent with 
maritime safety and the marine and navigation laws and regulations 
and shall be coordinated with the regulations issued under this sub-
section by the Secretary of the department in which the Coast Guard 
Regulations. 
ig Operating. The Secretary of the department in which the Coast 
Guard is operating shall promulgate regulations, which are consistent 
with standards promulgated under this subsection and with maritime 
safety and the marine and navigation laws and regulations, governing 
the design, construction, installation, and operation of any marine 
sanitation device on board such vessels. 
"(2) Any existing vessel equipped with a marine sanitation device 
on the date of promulgation of initial standards and regulations under 
this section, which device is in compliance with such initial standards 
84 STAT. ] 
PUBLIC LAW 91-224-APR. 3, 1970 
101 
and regulations, shall be deemed in compliance with this section until 
such time as the device is replaced or is found not to be in compliance 
with such initial standards and regulations. 
"(c) (1) Initial standards and regulations under this section shall 
Effective dates 
become effective for new vessels two years after promulgation; and for reguiauons! ^" 
existing vessels five years after promulgation. Kevisions of standards 
and regulations shall be effective upon promulgation, unless another 
effective date is specified, except that no revision shall take effect before 
the effective date of the standard or regulation being revised. 
"(2) The Secretary of the department in which the Coast Guard is 
operating with regard to his regulatory authority established by this 
section, after consultation with the Secretary, may distinguish among 
classes, types, and sizes of vessels as well as between new and existing 
vessels, and may waive applicability of standards and regulations as 
waiver. 
necessary or appropriate for such classes, types, and sizes of vessels 
(including existing vessels equipped with marine sanitation devices on 
the date of promulgation of the initial standards required by this 
section), and, upon application, for individual vessels. 
"(d) The provisions of this section and the standards and regula-
tions promulgated hereunder apply to vessels owned and operated by 
the United States unless the Secretary of Defense finds that compliance 
would not be in the interest of national security. With respect to ves-
sels owned and operated by the Department of Defense, regulations 
under the last sentence of subsection (b) (1) and certifications under 
subsection (g) (2) of this section shall be promulgated and issued by 
the Secretary of Defense. 
"(e) Before the standards and regulations under this section are 
promulgated, the Secretary and the Secretary of the department in 
which the Coast Guard is operating shall consult with the Secretary 
of State; the Secretary of Health, Education, and Welfare; the Sec-
retary of Defense; the Secretary of the Treasury; the Secretary of 
Commerce; other interested Federal agencies; and the States and 
industries interested; and otherwise comply with the requirements of 
section 553 of title 5 of the United States Code. 
«° ^'^'- 383-
"(f) After the effective date of the initial standards and regulations 
promulgated under this section, no State or political subdivision 
thereof shall adopt or enforce any statute or regulation of such State 
or political subdivision with respect to the design, manufacture, or 
installation or use of any marine sanitation device on any vessel subject 
to the provisions of this section. Upon application by a State, and 
where the Secretary determines that any applicable water quality 
standards require such a prohibition, he shall by regulation completely 
prohibit the discharge from a vessel of any sewage (whether treated 
or not) into those waters of such State which are the subject of the 
application and to which such standards apply. 
"(g) (1) No manufacturer of a marine sanitation device shall sell, 
offer for sale, or introduce or deliver for introduction in interstate 
commerce, or import into the United States for sale or resale any 
marine sanitation device manufactured after the effective date of the 
standards and regulations promulgated under this section unless such 
device is in all material respects substantially the same as a test device 
certified under this subsection. 
"(2) LTpon application of the manufacturer, the Secretary of the 
certification. 
department in which the Coast Guard is operating shall so certify a 
marine sanitation device if he determines, in accordance with the pro-
visions of this paragraph, that it meets the appropriate standards and 
regulations promulgated under this section. The Secretary of the 
department in which the Coast Guard is operating shall test or require 
such testing of the device in accordance with procedures set forth by 
102 
PUBLIC LAW 91-224-APR. 3, 1970 
[84 STAT. 
Recordkeeping, 
62 Stat. 791. 
Unlawful acts. 
Jurisdictions. 
the Secretary as to standards of performance and for such other pur-
poses as may be appropriate. If the Secretary of the department in 
which the Coast Guard is operating determines that the device is satis-
factory from the standpoint of safety and any other requirements of 
maritime law or regulation, and after consideration of the design, 
installation, operation, material, or other appropriate factors, he shall 
certify the device. Any device manufactured by such manufacturer 
which is in all material respects substantially the same as the certified 
test device shall be deemed to be in conformity with the appropriate 
standards and regulations established under this section. 
" (3) Every manufacturer shall establish and maintain such records, 
make such reports, and provide such information as the Secretary or 
the Secretary of the department in which the Coast Guard is operating 
may reasonably require to enable him to determine whether such man-
ufacturer has acted or is acting in compliance with this section and 
regulations issued thereunder and shall, upon request of an officer or 
employee duly designated by the Secretary or the Secretary of the 
department in which the Coast Guard is operating, permit such officer 
or employee at reasonable times to have access to and copy such records. 
All information reported to or otherwise obtained by, the Secretary 
or the Secretary of the department in which the Coast Guard is oper-
ating or their representatives pursuant to this subsection which con-
tains or relates to a trade secret or other matter referred to in section 
1905 of title 18 of the United States Code shall be considered confi-
dential for the purpose of that section, except that such information 
may be disclosed to other officers or employees concerned with carrying 
out this section. This paragraph shall not apply in the case of the 
construction of a vessel by an individual for his own use. 
"(h) After the effective date of standards and regulations promul-
gated under this section, it shall be unlawful— 
"(1) for the manufacturer of any vessel subject to such stand-
ards and regulations to manufacture for sale, to sell or offer for 
sale, or to distribute for sale or resale any such vessel unless it is 
equipped with a marine sanitation device which is in all material 
respects substantially the same as the appropriate test device cer-
tified pursuant to this section; 
"(2) for any person, prior to the sale or delivery of a vessel 
subject to such standards and regulations to the ultimate pur-
chaser, wrongfully to remove or render inoperative any certified 
marine sanitation device or element of design of such device in-
stalled in such vessel; 
"(3) for any person to fail or refuse to permit access to or 
copying of records or to fail to make reports or provide informa-
tion required under this section; and 
"(4) for a vessel subject to such standards and regulations to 
operate on the navigable waters of the United States, if such 
vessel is not equipped with an operable marine sanitation device 
certified pursuant to this section. 
" (i) The district courts of the United States shall have jurisdictions 
to restrain violations of subsection (g)(1) and subsections (h)(1) 
through (3) of this section. Actions to restrain such violations shall 
be brought by, and in, the name of the United States. In case of con-
tumacy 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 appli-
cation by the United States and after notice to such person, shall have 
jurisdiction to issue an order requiring such person to appear and give 
testimony or to appear and produce documents, and any failure to obey 
such order of the court may be punished by such court as a contempt 
thereof. 
Notification. 
84 STAT. ] 
PUBLIC LAW 91-224-APR. 3, 1970 
103 
"(j) Any person who violates subsection (g) (1) or clause (1) or (2) 
Penalty. 
of subsection (h) of this section shall be liable to a civil penalty of not 
more than $5,000 for each violation. Any person who violates clause 
(4) of subsection (h) of this section or any regulation issued pursuant 
to this section shall be liable to a civil penalty of not more than $2,000 
for each violation. Each violation shall be a separate offense. The 
Secretary of the department in which the Coast Guard is operating 
may assess and compromise any such penalty. No penalty shall be 
assessed until the person charged shall have been given notice and an 
opportunitv for a hearine; on such charg-e. In determining the amount 
Hearing oppor-
• 
• 
1 
• 
tiinit V 
of the penalty, or the amount agreed upon m compromise, the gravity 
of the violation, and the demonstrated good faith of the person charged 
in attempting to achieve rapid compliance, after notification of a 
violation, shall be considered by said Secretary. 
"(k) The provisions of this section shall be enforced by the Secre- 
Enforcement. 
tary of the department in which the Coast Guard is operating and he 
may utilize by agreement, with or without reimbursement, law enforce-
ment officers or other personnel and facilities of the Secretary, other 
Federal agencies, or the States to carry out the provisions of this 
section. 
" (1) Anyone authorized by the Secretary of the department in which 
the Coast Guard is operating to enforce the provisions of this section 
may, except as to public vessels, (1) board and inspect any vessel upon 
the navigable waters of the United States and (2) execute any warrant 
or other process issued by an officer or court of competent jurisdiction. 
" (m) In the case of Guam, actions arising under this section may be 
jurisdictions. 
brought in the district court of Guam, and in the case of the Virgin 
Islands such actions may be brought in the district court of the Virgin 
Islands. In the case of American Samoa and the Trust Territory of the 
Pacific Islands, such actions may be brought in the District Court of 
the United States for the District of Hawaii and such court shall have 
jurisdiction of such actions. In the case of the Canal Zone, such actions 
'' ' 
' 
may be brought in the District Court for the District of the Canal Zone. 
"AREA Acm AND OTHER MINE WATER POLLUTION CONTROL 
DEMONSTRATIONS 
Federal aid to 
States. 
"SEC. 14. (a) The Secretary in cooperation with other Federal 
departments, agencies, and instrumentalities is authorized to enter into 
agreements with any State or interstate agency to carry out one or 
more projects to demonstrate methods for the elimination or control, 
within all or part of a watershed, of acid or other mine water pollution 
resulting from active or abandoned mines. Such projects shall demon-
strate the engineering and economic feasibility and practicality of 
various abatement techniques which will contribute substantially to 
effective and practical methods of acid or other mine water pollution 
elimination or control. 
"(b) The Secretary, in selecting watersheds for the purposes of this 
section, shall (1) require such feasibility studies as he deems appropri-
ate, (2) give preference to areas which have the greatest present or 
potential value for public use for recreation, fish and wildlife, water 
supply, and other public uses, and (3) be satisfied that the project area 
will not be affected adversely by the influx of acid or other mine water 
pollution from nearby sources. 
"(c) Federal participation in such projects shall be subject to the 
conditions 
conditions— 
"(1) that the State or interstate agency shall pay not less than 
25 per centum of the actual project costs which payment may be in 
any form, including, but not limited to, land or interests therein 
104 
PUBLIC LAW 91-224-APR. 3, 1970 
[84 STAT. 
Appropriation. 
Demonstration 
projects. Fed-
eral aid to States. 
Condition. 
Appropriation. 
that is needed for the project, or personal property or services, the 
value of which shall be determined by the Secretary; and 
"(2) that the State or interstate agency shall provide legal and 
practical protection to the project area to insure against any activ-
ities which will cause future acid or other mine water pollution. 
" (d) There is authorized to be appropriated $15,000,000 to carry out 
the provisions of this section, which sum shall be available until 
expended. No more than 25 per centum of the total funds available 
under this section in any one year shall be granted to any one State. 
"POLLUTION CONTROL IN GREAT LAKES 
"SEC. 15. (a) The Secretary, in cooperation with other Federal 
departments, agencies, and instrumentalities is authorized to enter into 
agreements with any State, political subdivision, interstate agency, or 
other public agency, or combination thereof, to carry out one or more 
projects to demonstrate new methods and techniques and to develop 
preliminary plans for the elimination or control of pollution, within 
all or any part of the watersheds of the Great Lakes. Such projects shall 
demonstrate the engineering and economic feasibility and practicality 
of removal of pollutants and prevention of any polluting matter from 
entering into the Great Lakes in the future and other abatement and 
remedial techniques which will contribute substantially to effective 
and practical methods of water pollution elimination or control. 
"(b) Federal participation in such projects shall be subject to the 
condition that the State, political subdivision, interstate agency, or 
other public agency, or combination thereof, shall pay not less than 25 
per centum of the actual project costs, which payment may be in any 
form, including, but not limited to, land or interests therein that is 
needed for the project, and personal property or services the value of 
which shall be determined by the Secretary. 
" (c) There is authorized to be appropriated $20,000,000 to carry out 
the provisions of this section, which sum shall be available until 
expended. 
"TRAINING GRANTS AND CONTRACTS 
"SEC. 16. The Secretary is authorized to make grants to or contracts 
with institutions of higher education, or combinations of such institu-
tions, to assist them in planning, developing, strengthening, improving, 
or carrying out programs or projects for the preparation of under-
graduate students to enter an occupation which involves the design, 
operation, and maintenance of treatment works, and other facilities 
whose purpose is water quality control. Such grants or contracts may 
include payment of all or part of the cost of programs or projects 
such as— 
" (A) planning for the development or expansion of programs 
or projects for training persons in the operation and maintenance 
of treatment works; 
" ^ B) training and retraining of faculty members; 
"(C) conduct of short-term or regular session institutes for 
study by persons engaged in, or preparing to engage in, the prep-
aration of students preparing to enter an occupation involving the 
operation and maintenance of treatment works; 
"(D) carrying out innovative and experimental programs of 
cooperative education involving alternate periods of full-time or 
part-time academic study at the institution and periods of full-
time or part-time employment involving the operation and main-
tenance of treatment works; and 
84 STAT. ] 
PUBLIC LAW 91-224-APR. 3, 1970 
105 
"(E) research into, and development of, methods of training 
students or faculty, including the preparation of teaching ma-
terials and the planning of curriculum. 
APPLICATION FOR TRAINING GRANT OR CONTRACT; 
ALLOCATION OP 
GRANTS OR CONTRACTS 
"SEC. 17. (1) A grant or contract authorized by section 16 may be 
made only upon application to the Secretary at such time or times 
and containing such information as he may prescribe, except that 
no such application shall be approved unless it— 
"(A) sets forth programs, activities, research, or development 
for which a grant is authorized under section 16, and describes 
the relation to any program set forth by the applicant in an 
application, if any, submitted pursuant to section 18; 
"(B) provides such fiscal control and fund accounting pro-
cedures as may be necessary to assure proper disbursement of 
and accounting for Federal funds paid to the applicant under 
this section; and 
"(C) provides for making such reports, in such form and 
containing such information, as the Secretary may require to 
carry out his functions under this section, and for keeping such 
records and for affording such access thereto as the Secretary 
may find necessary to assure the correctness and verification of 
sucn reports. 
"(2) The Secretary shall allocate grants or contracts under section 
16 in such manner as will most nearly provide an equitable distribu-
tion of the grants or contracts throughout the United States among 
institutions of higher education which show promise of being able to 
use funds effectively for the purposes of this section. 
" (3) (A) Payment under this section may be used in accordance with 
regulations of the Secretary, and subject to the terms and conditions set 
forth in an application approved under subsection (a), to pay part of 
the compensation of students employed in connection with the opera-
tion and maintenance of treatment works, other than as an employee 
in connection with the operation and maintenance of treatment works 
or as an employee in any branch of the Government of the United 
States, as part of a program for which a grant has been approved pur-
suant to this section. 
"(B) Departments and agencies of the United States are encour-
aged, to the extent consistent with efficient administration, to enter into 
arrangements with institutions of higher education for the full-time, 
part-time, or temporary employment, whether in the competitive or 
excepted service, of students enrolled in programs set forth m applica-
tions approved under subsection (a). 
Conditions. 
Reports to 
Secretary. 
Equitable 
distribution. 
Compensation of 
employed stu-
dents. 
AWARD OF 
SCHOLARSHIPS 
"SEC. 18. (1) The Secretary is authorized to award scholarships in 
accordance with the provisions of this section for undergraduate study 
by persons who plan to enter an occupation involving the operation and 
maintenance of treatment works. Such scholarships shall be awarded 
for such periods as the Secretary may determine but not to exceed four 
academic years. 
"(2) The Secretary shall allocate scholarships under this section 
among institutions of higher education with programs approved under 
the provisions of this section for the use of individuals accepted into 
such programs, in such manner and according to such plan as will 
insofar as practicable— 
106 
PUBLIC LAW 91-224-APR. 3, 1970 
[84 STAT. 
"(A) provide an equitable distribution of such scholarships 
throughout the United States; and 
"(B) attract recent graduates of secondary schools to enter an 
occupation involving the operation and maintenance of treatment 
works. 
Program ap- 
"^3^ 'jj^g Secretary shall approve a program of an institution of 
t'io°ns^,' ''°^ *
" 
higher education for the purposes of this section only upon application 
by the institution and only upon his finding— 
"(A) that such program has as a principal objective the educa-
tion and training of persons in the operation and maintenance of 
treatment works; 
"(B) that such program is in effect and of high quality, or can 
be readily put into effect and may reasonably be expected to be 
of high quality; 
"(C) that the application describes the relation of such pro-
gram to any program, activity, research, or development set 
forth by the applicant in an application, if any, submitted pur-
suant to section 16 of this Act; and 
"(D) that the application contains satisfactory assurances that 
,,!,'„ 
(i) the institution will recommend to the Secretary for the award 
of scholarships under this section, for study in such program, 
only persons who have demonstrated to the satisfaction of the 
institution a serious intent, upon completing the program, to 
enter an occupation involving the operation and maintenance of 
treatment works, and (ii) the institution will make reasonable 
continuing efforts to encourage recipients of scholarships under 
this section, enrolled in such program, to enter occupations 
involving the operation and maintenance of treatment works 
upon completing the program. 
stipends. 
"^4^ (^^ 'p}^g Secretary shall pay to persons awarded scholarships 
under this section such stipends (including such allowances for sub-
sistence and other expenses for such persons and their dependents) as 
he may determine to be consistent with prevailing practices under 
comparable federally supported programs. 
"(B) The Secretary shall (in addition to the stipends paid to per-
sons under subsection (a)) pay to the institution of higher education 
at which such person is pursuing his course of study such amount as he 
may determine to be consistent with prevailing practices under com-
parable federally supported programs, 
"(5) A person awarded a scholarship under the provisions of this 
section shall continue to receive the payments provided in this section 
only during such periods as the Secretary finds that he is maintaining 
satisfactory proficiency and devoting full time to study or research in 
the field in which such scholarship was awarded in an institution of 
higher education, and is not engaging in gainful employment other 
than employment approved by the Secretary by or pursuant to 
regulation. 
"(6) The Secretary shall by regulation provide that any person 
awarded a scholarship under this section shall agree in writing to 
enter and remain in an occupation involving the design, operation, or 
maintenance of treatment works for such period after completion of 
his course of studies as the Secretary determines appropriate. 
"DEFINITIONS AND AUTHORIZATIONS 
"SEC. 19. (1) As used in sections 16 through 19 of this Act— 
"(A) The term 'State' includes the District of Columbia, Puerto 
Rico, the Canal Zone, Guam, the Virgin Islands, American Samoa, 
and the Trust Territory of the Pacific Islands. 
84 STAT. ] 
PUBLIC LAW 91-224-APR. 3, 1970 
107 
"(B) The term 'institution of higher education' means an educa-
tional institution described in the first sentence of section 1201 of the 
Higher Education Act of 1965 (other than an institution of any 
agency of the United States) which is accredited by a nationally rec-
ognized accrediting agency or association approved by the Secretary 
for this purpose. For purposes of this subsection, the Secretary shall 
publish a list of nationally recognized accrediting agencies or associa-
tions which he determines to be reliable authority as to the quality 
of training offered. 
"(C) The term 'academic year' means an academic year or its equiva-
lent, as determined by the Secretary. 
" (2) The Secretary shall annually report his activities under sections 
16 through 19 of this Act, including recommendations for needed 
revisions in the provisions thereof. 
"(3) There are authorized to be appropriated $12,000,000 for the 
fiscal year ending June 30,1970, $25,000,000 for the fiscal year ending 
June 30,1971, and $25,000,000 for the fiscal year ending June 30,1972, 
to carry out sections 16 through 19 of this Act (and planning and 
related activities in the initial fiscal year for such purpose). Funds 
appropriated for the fiscal year ending June 30,1970, under authority 
of this subsection shall be available for obligation pursuant to the pro-
visions of sections 16 through 19 of this Act during that year and the 
succeeding fiscal year. 
(( 
Accreditation. 
79 Stat. 1269; 
82 Stat. 1042. 
20 u s e 1141. 
ALASKA VILLAGE DEMONSTRATION PROJECTS 
"SEC. 20. (a) The Secretary is authorized to enter into agreements 
with the State of Alaska to carry out one or more projects to demon-
strate methods to provide for central community facilities for safe 
water and the elimination or control of water pollution in those native 
villages of Alaska without such facilities. Such projects shall include 
provisions for community safe water supply systems, toilets, bathing 
and laundry facilities, sewage disposal facilities, and other similar 
facilities, and educational and informational facilities and programs 
relating to health and hygiene. Such demonstration projects shall be 
for the further purpose of developing preliminary plans for providing 
such safe water and such elimination or control of water pollution for 
all native villages in such State. 
"(b) In carrying out this section the Secretary shall cooperate with 
the Secretary of Health, Education, and Welfare for the purpose of 
utilizing such of the personnel and facilities of that Department as 
may be appropriate. 
"(c) The Secretary shall report to Congress not later than Janu-
ary 31, 1973, the results of the demonstration projects authorized by 
this section together with his recommendations, including any neces-
sary legislation, relating to the establishment of a statewide program. 
"(d) 
There is authorized to be appropriated not to exceed 
$1,000,000 to carry out this section." 
SEC. 103. Redesignated section 21 of the Federal Water Pollution 
Control Act, as amended, is amended to read as follows: 
Annual report. 
Appropriations. 
Report to Con-
gress. 
Appropriation. 
Ante, p. 91. 
'COOPERATION BY ALL FEDERAL AGENCIES I N T H E CONTROL 
o r 
POLLUTION 
,.. 
"SEC. 21. (a) Each Federal agency (which term is used in this 
section includes Federal departments, agencies, and instrumentalities) 
having jurisdiction over any real property or facility, or engaged in 
any Federal public works activity of any kind, shall, consistent with 
the paramount interest of the United States as determined by the 
President, insure compliance with applicable water quality standards 
Federal agen-
cies, alleged 
pollution, hear-
ings. 
108 
PUBLIC LAW 91-224-APR. 3, 1970 
[84 STAT. 
70 Stat. 504; 
79 Stat. 903, 907. 
33 u s e 466g. 
79 Stat. 907; 
80 Stat. 1251. 
Federal license, 
State certifi-
cation. 
Public notifi-
cation procedures. 
Waiver. 
Standards, 
enforcement. 
Public hearing. 
and the purposes of this Act in the administration of such property, 
facility, or activity. In his summary of any conference pursuant to 
section 10(d) (4) of this Act, the Secretary shall include references to 
any discharges allegedly contributing to pollution from any such 
Federal property, facility, or activity, and shall transmit a copy of such 
summary to the head of the Federal agency having jurisdiction of 
such property, facility, or activity. Notice of any hearing pursuant to 
section 10(f) of this Act involving any pollution alleged to be effected 
by any such discharges shall also be given to the Federal agency having 
jurisdiction over the property, facility, or activity involved, and the 
findings and recommendations of the hearing board conducting such 
hearing shall include references to any such discharges which are 
contributing to the pollution found by such board. 
"(b) (1) Any applicant for a Federal license or permit to conduct 
any activity including, but not limited to, the construction or operation 
of facilities, which may result in any discharge into the navigable 
waters of the United States, shall provide the licensing or permitting 
agency a certification from the State in which the discharge originates 
or will originate, or, if appropriate, from the interstate water pollution 
control agency having jurisdiction over the navigable waters at the 
point where the discharge originates or will originate, that there is 
reasonable assurance, as determined by the State or interstate 
agency that such activity will be conducted in a manner which will not 
violate applicable water quality standards. Such State or interstate 
agency shall establish procedures for public notice in the case of all 
applications for certification by it, and to the extent it deems appro-
priate, procedures for public hearings in connection with specific 
applications. In any case where such standards have been promulgated 
by the Secretary pursuant to section 10 (c) of this Act, or where a State 
or interstate agency has no authority to give such a certification, such 
certification shall be from the Secretary. If the State, interstate agency, 
or Secretary, as the case may be, fails or refuses to act on a request for 
certification, within a reasonable period of time (which shall not 
exceed one year) after receipt of such request, the certification require-
ments of this subsection shall be waived with respect to such Federal 
application. No license or permit shall be granted until the certification 
required by this section has been obtained or has been waived as pro-
vided in the preceding sentence. No license or permit shall be granted 
if certification has been denied by the State, interstate agency, or the 
Secretary, as the case may be. 
" (2) Upon receipt of such application and certification the licensing 
or permitting agency shall immediately notify the Secretary of such 
application and certification. Whenever such a discharge may affect, as 
determined by the Secretary, the quality of the waters of any other 
State, the Secretary within thirty days of the date of notice of appli-
cation for such Federal license or permit shall so notify such other 
State, the licensing or permitting agency, and the applicant. If, within 
sixty days after receipt of such notification, such other State deter-
mines that such discharge will affect the quality of its waters so as to 
violate its water quality standards, and within such sixty-day period 
notifies the Secretary and the licensing or permitting agency in writ-
ing of its objection to the issuance of such license or permit and 
requests a public hearing on such objection, the licensing or permitting 
agency sljall hold such a hearing. The Secretary shall at such hearing 
submit his evaluation and recommendations with respect to any such 
objection to the licensing or permitting agency. Such agency, based 
upon the recommendations of such State, the Secretary, and upon any 
additional evidence, if any, presented to the agency at the hearing, 
shall condition such license or permit in such manner as may be neces-
sary to insure compliance with applicable water quality standards. If 
84 STAT. ] 
PUBLIC LAW 91-224-APR. 3, 1970 
109 
the imposition of conditions cannot insure such compliance such agency 
shall not issue such license or permit. 
"(3) The certification obtamed pursuant to paragraph (1) of this 
subsection with respect to the construction of any facility shall fulfill 
the requirements of this subsection with respect to certification in con-
nection with any other Federal license or permit required for the opera-
tion of such facility unless, after notice to the certifying State, agency, 
or Secretary, as the case may be, which shall be given by the Federal 
agency to whom application is made for such operating license or per-
mit, the State, or if appropriate, the interstate agency or the Secretary, 
notifies such agency within sixty days after receipt of such notice that 
there is no longer reasonable assurance that there will be compliance 
with applicable water quality standards because of changes since the 
construction license or permit certification was issued in (A) the con-
struction or operation of the facility, (B) the characteristics of the 
waters into which such discharge is made, or (C) the water quality 
standards applicable to such waters. This paragraph shall be inappli-
cable in any case where the applicant for such operating license or per-
mit has failed to provide the certifying State, or if appropriate, the 
interstate agency or the Secretary, with notice of any proposed changes 
in the construction or operation of the facility with respect to which a 
construction license or permit has been granted which changes may 
result in violation of applicable water quality standards. 
"(4) Prior to the initial operation of any federally licensed or ji^^"""" "'^^^'" 
permitted facility or activity which may result in any discharge into 
the navigable waters of the United States and with respect to which a 
certification has been obtained pursuant to paragraph (1) of this sub-
section, which facility or activity is not subject to a Federal operating 
license or permit, the licensee or permittee shall provide an opportunity 
for such certifying State or, if appropriate, the interstate agency or the 
Secretary to review the manner in which the facility or activity shall 
be operated or conducted for the purposes of assuring that applicable 
water quality standards will not be violated. Upon notification by the 
certifying State or, if appropriate, the interstate agency or the Secre- suspension 
tary that the operation of any such federally licensed or permitted 
facility or activity will violate applicable water quality standards, such 
Federal agency may, after public hearing, suspend such license or per-
mit. If such license or permit is suspended, it shall remain suspended 
until notification is received from the certifying State, agency, or Secre-
tary, as the case may be, that there is reasonable assurance that such 
facility or activity will not violate applicable water quality standards. 
" (5) Any Federal license or permit with respect to which a certifica-
tion has been obtained under paragraph (1) of this subsection may be 
suspended or revoked by the Federal agency issuing such license or 
permit upon the entering of a judgment under section 10(h) of this 
Act that such facility or activity has been operated in violation of 
^° s*^'- ^04; 
T i l 
, 
f-, 
i. 
J 
1 
^ 
79 Stat. 903, 907 
applicable water quality standards. 
33 use 466g. 
"(6) No Federal agency shall be deemed to be an applicant for the 
purposes of this subsection. 
"(7) In any case where actual construction of a facility has been 
lawfully commenced prior to the date of enactment of the Water 
Quality Improvement Act of 1970, no certification shall be required 
under this subsection for a license or permit issued after the date of 
enactment of such Act of 1970 to operate such facility, except that any 
such license or permit issued without certification shall terminate at 
the end of the three-year period beginning on the date of enactment 
of such Act of 1970 unless prior to such termination date the person 
having such license or permit submits to the Federal agency which 
issued such license or permit a certification and otherwise meets the 
requirements of this subsection. 
standards viola-
tion, license 
47-348 O - 72 - 11 'Pt. 1) 
comply, license 
suspension 
110 
PUBLIC LAW 91-224-APR. 3, 1970 
[84 STAT. 
"(8) Except as provided in paragraph (7), any application for a 
license or permit (A) that is pending on the date of enactment of the 
Water Quality Improvement Act of 1970 and (B) that is issued within 
one year following such date of enactment shall not require certifica-
tion pursuant to this subsection for one year following the issuance of 
such license or permit, except that any such license or permit issued 
shall terminate at the end of one year unless prior to that time the 
licensee or permittee submits to the Federal agency that issued such 
license or permit a certification and otherwise meets the requirements 
of this subsection. 
"(9) (A) In the case of any activity which will affect water quality 
but for which there are no applicable water quality standards, no 
certification shall be required under this subsection, except that the 
licensing or permitting agency shall impose, as a condition of any 
license or permit, a requirement that the licensee or permittee shall 
comply with the purposes of this Act. 
Failure to 
"(B) ITpon uotice from the State in which the discharge originates 
or, as appropriate, the mterstate agency or the secretary, that such 
licensee or permittee has been notified of the adoption of water quality 
standards applicable to such activity and has failed, after reasonable 
notice, of not less than six months, to comply with such standards, the 
license or permit shall be suspended until notification is received from 
such State or intei-state agency or the Secretary that there is reason-
able assurance that such activity will comply with applicable water 
quality standards. 
" (c) Nothing in this section shall be construed to limit the authority 
of any department or agency pursuant to any other provision of law 
to require compliance with applicable water quality standards. The 
Secretary shall, upon the request of any Federal department or 
agency, or State or interstate agency, or applicant, prov^ide, for the 
purj>ose of this section, any relevant information on applicable water 
(quality standards, and shall, when requested by any such department 
or agency or State or interstate agency, or applicant, comment on any 
methods to comply with such standards. 
"(d) In order to implement the provisions of this section, the Sec-
retary of the Army, acting through the Chief of Engineers, is au-
thorized, if he deems it to be in the public interest, to permit the use 
of spoil disposal areas under his jurisdiction by Federal licensees or 
permittees, and to make an appropriate charge for such use. Moneys 
received from such licensees or permittees shall be deposited in the 
Treasury as miscellaneous receipts." 
SEC. 104. Redesignated section 22 of the Federal Water Pollution 
Ante, p. 91. 
Coutrol Act, as amended, is amended by adding at the end thereof the 
following: 
"(f) (1) It is the pur{>ose of this subsection to authorize a program 
which will provide official recognition by the United States Govern-
ment to those industrial organizations and political subdivsions of 
States which during the preceding year demonstrated an outstanding 
technological achievement or an innovative process, method or device 
in their waste treatment and pollution abatement programs. The Sec-
retary shall, in consultation with the appropriate State water pollution 
control agency, establish regulations under which such recognition 
may be applied for and granted, except that no applicant shall be eli-
gible for an award under this subsection if such applicant is not in 
total compliance with all applicable water quality standards under this 
Act, and otherwise does not have a satisfactory record with respect to 
environmental quality. 
• i n< u - sr 
<i !iW.-T* 
84 STAT. ] 
PUBLIC LAW 91-224-APR. 3, 1970 
111 
"(2) The Secretary shall award a certificate or plaque of suitable 
Awards. 
d e s i ^ to each industrial organization or political subdivision which 
qualifies for such recognition under regulations established by this 
subsection. 
" (3) The President of the United States, the Governor of the appro- 
Notification to 
priate State, the Speaker of the House of Eepresentatives, and the etc^'^^"^^ °^ ^'^" 
President pro tempore of the Senate shall be notified of the award by 
the Secretary, and the awarding of such recognition shall be pub- 
Publication in 
lished in the Federal Register." 
^'''"^' ^"^'^*"' 
SEC. 105. Section 5 of the Federal Water Pollution Control Act, as 
amended, is amended as follows: 
7o stat. 499; 
(1) by redesignating subsections (g) and (h) as (m) and (n), H llll[ IH^ 
respectively, including all references thereto; 
so stat. 1247, 
(2) by inserting after subsection (f) the following new sub- 
^^ ^^^ '*^^''" 
sections: 
" (ff) (1) For the purpose of providing an adequate supply of trained ^ Manpower and 
^=>'' ^ i ' . 
i 
S 
• i • 
• J^ 
T p J. 
J ^ ^ y 
, 
1 
development train-
personnel to operate and maintain existing and future treatment works ing program. 
and related activities, and for the purpose of enhancing substantially 
the proficiency of those engaged in such activities, the Secretary shall 
finance a pilot program, in cooperation wnth State and interstate 
agencies, municipalities, educational institutions, and other organiza-
tions and individuals, of manpower development and training and 
retraining of persons in, or entering into, the field of operation and 
maintenance of treatment works and related activities. Such program 
and any funds expended for such a program shall supplement^ not sup-
plant, other manpower and training programs and funds available for 
the purposes of this paragraph. The Secretary is authorized, under 
such terms and conditions as he deems appropriate, to enter into agree-
ments with one or more States, acting jointly or severally, or wnth other 
public or private agencies or institutions for the development and 
implementation of such a program. 
" (2) The Secretary is authorized to enter into agreements with pub-
lic and private agencies and institutions, and individuals to develop 
and maintain an effective system for forecasting the supply of, and 
demand for, various professional and other occupational categories 
needed for the prevention, control, and abatement of water pollution 
in each region, State, or area of the United States and, from time to 
time, to publish the results of such forecasts. 
"(3) In furtherance of the purposes of this Act, tlie Secretary is 
authorized to— 
" (A) make grants to public or private agencies and institutions 
and to individuals for training projects, and provide for the con-
duct of training by contract with public or private agencies and 
institutions and with individuals without regard to sections 3648 
and 3709 of the Revised Statutes; 
31 use s 29. 
"(B) establish and maintain research fellowships in the Depart- 
^' "°" " 
ment of the Interior with such stipends and allowances, including 
traveling and subsistence expenses, as he may deem necessary to 
procure the assistance of the most promising research fellowships; 
and 
"(C) provide, in addition to the program established under 
paragraph (1) of this subsection, training in technical matters 
relating to the causes, prevention, and control of water pollution 
for personnel of public agencies and other persons with suitable 
qualifications. 
"(4) The Secretary shall submit, through the President, a report ^^^fp°''j '^° P""^^' 
to the Congress within eighteen months from the date of enactment 
of this subsection, summarizing the actions taken under this subsection 
and the effectiveness of such actions, and setting forth the number of 
persons trained, the occupational categories for which training was 
41 u s e 5. 
dent and eon-
gress. 
112 
PUBLIC LAW 91-224-APR. 3, 1970 
[84 STAT. 
Contract au-
thority. 
Publication in 
Federal Register. 
Report to 
Congress. 
Ante, p. 100. 
79 Stat. 907. 
33 u s e 466g. 
provided, the effectiveness of other Federal, State, and local training 
programs in this field, together with estimates of future needs, recom-
mendations on improving training progTams, and such other infor-
mation and recommendations, including legislative recommendations, 
as he deems appropriate. 
"(h) The Secretary is authorized to enter into contracts with, or 
make grants to, public or private agencies and organizations and indi-
viduals for (A) the purpose of developing and demonstrating new 
or improved methods for the prevention, removal, and control of 
natural or manmade pollution in lakes, including the undesirable 
effects of nutrients and vegetation, and (B) the construction of pub-
licly owned research facilities for such purpose, 
"(i) The Secretary shall— 
" (A) engage in such research, studies, experiments, and demon-
strations as he deems appropriate, relative to the removal of oil 
from any waters and to the prevention and control of oil 
pollution; 
"(B) publish from time to time the results of such activities; 
and 
"(C) from time to time, develop and publish in the Federal 
Register specifications and other technical information on the 
various chemical compounds used as dispersants or emulsifiers in 
the control of oil spills. 
In carrying out this subsection, the Secretary may enter into contracts 
with, or make grants to, public or private agencies and organizations 
and individuals. 
"(j) The Secretary shall engage in such research, studies, experi-
ments, and demonstrations as he deems appropriate relative to equip-
ment which is to be installed on board a vessel and is designed to 
receive, retain, treat, or discharge human body wastes and the wastes 
from toilets and other receptacles intended to receive or retain body 
wastes with particular emphasis on equipment to be installed on 
small recreational vessels. The Secretary shall report to Congress the 
results of such research, studies, experiments, and demonstrations 
prior to the effective date of any standards established under section 
13 of this Act. In carrying out this subsection the Secretary may enter 
into contracts with, or make grants to, public or private organizations 
and individuals. 
"(k) In carrying out the provisions of this section relating to the 
conduct by the Secretary of demonstration projects and the develop-
ment of field laboratories and research facilities, the Secretary may 
acquire land and interests therein by purchase, with appropriated 
or donated funds, bj^ donation, or by exchange for acquired or public 
lands under his jurisdiction which he classifies as suitable for dis-
position. The values of the properties so exchanged either shall be 
approximately equal, or if they are not approximately equal, the 
values shall be equalized by the payment of cash to the grantor or to 
the Secretary as the circumstances require. 
"(1)(1) The Secretary shall, after consultation with appropriate 
local. State, and Federal agencies, public and private organizations, 
and interested individuals, as soon as practicable but not later than 
two years after the effective date of this subsection, develop and issue 
to the States for the purpose of adopting standards pursuant to sec-
tion 10(c) the latest scientific knowledge available in indicating the 
kind and extent of effects on health and welfare which may be 
expected from the presence of pesticides in the water in varying quan-
tities. He shall revise and add to such information whenever neces-
sary to reflect developing scientific knowledge. 
84 STAT. ] 
PUBLIC LAW 91-224-APR. 3, 1970 
113 
"(2) For the purpose of assuring effective implementation of igage^^'^^'J^oi^* 
standards adopted pursuant to paragraph (1) the President shall, in s^udy.""" '^° 
consultation with appropriate local, State, and Federal agencies, 
public and private organizations, and interested individuals, conduct 
a study and investigation of methods to control the release of pesti-
cides into the environment which study shall include examination of 
the persistency of pesticides in the water environment and alterna-
tives thereto. The President shall submit a report on such investiga- (.^^^"^y" 
tion to Congress together with his recommendations for any necessary 
""s"^®^^-
legislation within two years after the effective date of this subsection." 
(3) in redesignated subsection (m) (4) by striking out the words 
8° ^^^^- ^248. 
"and June 30,1969," and inserting in lieu thereof "June 30,1969, 
June 30, 1970, and June 30, 1971,"; 
(4) by amending the first sentence of redesignated subsection 
(n) to read as follows: "There is authorized to be appropriated to 
carry out this section, other than subsection (g) (1) and (2), not 
_ 
- 
" 
• 
' the " 
' 
Ante, p. 111. 
to exceed $65,000,000 per fiscal year for each of the fiscal years 
ending June 30, 1969, June 30, 1970, and June 30, 1971. There is 
authorized to be appropriated to carry out subsection (g) (1) of 
this section $5,000,000 for the fiscal year ending June 30,1970, and 
$7,500,000 for the fiscal year ending June 30,1971. There is author-
ized to be appropriated to carry out subsection (g) (2) of this sec-
tion $2,500,000 per fiscal year for each of the fiscal years ending 
June 30, 1970, and June 30, 1971.". 
SEO. 106. Section 6(e) of the Federal Water Pollution Control Act 
(33 U.S.C. 466c-l) is amended as follows: 
^ 
deveioTent^^a 
(1) Paragraph (1) is amended by striking out "three succeed- propria^i^n"*' ^^ 
ing fiscal years" and inserting in lieu thereof "five succeeding 
so stat. 1247. 
fiscal years,". 
(2) Paragraph (2) is amended by striking out "two succeeding 
fiscal years," and inserting in lieu thereof "four succeeding fiscal 
years,". 
(3) Paragraph (3) is amended by striking out "two succeeding 
fiscal years," and inserting in lieu thereof "four succeeding fiscal 
years,". 
SEC. 107. Redesignated section 24 of the Federal Water Pollution 
Control Act, as amended, is amended by deleting the following: "the 
^"'^' P- ^^• 
Oil Pollution Act, 1924, or". 
SEC. 108. The Oil Pollution Act, 1924 (43 Stat. 604), as amended 
^f^f^r 4,, 
(80 Stat. 1246-1252), is hereby repealed. 
SEC. 109. The Secretary of the Interior shall conduct a full and ^^ntr 
of study''"'' 
complete investigation and study of the feasibility of all methods of 
financing the cost of preventing, controlling, and abating water pollu-
tion, other than methods authorized by existing law. The results of 
fg|'°'"''° ^°"" 
such investigation and study shall be reported to Congress no later ^'^^''^* 
than December 31, 1970, together with the recommendations of the 
Secretary for financing the programs for preventing, controlling, and 
abating water pollution for the fiscal years beginning after fiscal year 
1971, including any necessary legislation. 
SEC. 110. (a) The first sentence of section 2 of the Federal Water 
Federal water 
Pollution Control Act (33 U.S.C. 466-1) is amended by striking out Ps^ritlonCd'^s'ig-
"Federal Water Pollution Control Administration" and inserting in nation. 
lieu thereof "Federal Water Quality Administration". 
^^ ^'^'' ^°^-
(b) Any other law, reorganization plan, regulation, map, docu-
ment, record, or other paper of the United States in which the Federal 
Water Pollution Control Administration is referred to shall be held 
to refer to the Federal Water Quality Administration. 
; SEC. 111. Section 8(c) of the Federal Water Pollution Control Act 
7s stat. 206; 
is amended in the fourth sentence by inserting after "because of lack ^^afusc 46*6e. 
114 
PUBLIC LAW 91-224-APR. 3, 1970 
[84 
STAT. 
Water quality 
standards. 
79 Stat. 908. 
33 u s e 466g. 
of funds" the following: "including States having jDrojects eligible for 
reimbursement pursuant to the sixth and seventh sentences of this 
subsection". 
SEC. 112. Section 10 of the Federal Water Pollution Control Act, as 
amended, is amended by adding at the end of subsection (c) (8) the 
following new sentence: "In establishing such standards the Secretary, 
the hearing board, or the appropriate State authority shall take into 
consideration their use and value for navigation." 
TITLE II—ENVIRONMENTAL QUALITY 
SHORT TITLE 
SEC. 201. This title may be cited as the "Environmental Quality 
Improvement Act of 1970." 
Office of 
Environmental 
Quality. 
Authorization. 
83 Stat. 854. 
42 u s e 4341-
4347. 
Establishment. 
83 Stat. 854. 
42 u s e 4341-
4347. 
eompensation. 
FINDINGS, DECLARATIONS, AND PURPOSES 
SEC. 202. (a) The Congress finds— 
(1) that man has caused changes in the environment; 
(2) that many of these changes may affect the relationship 
between man and his environment; and 
(3) 
that 
population 
increases and urban 
concentration 
contribute directly to pollution and the degradation of our 
environment. 
(b) (1) The Congress declares that there is a national policy for the 
environment which provides for the enhancement of environmental 
quality. This policy is evidenced by statutes heretofore enacted relating 
to the prevention, abatement, and control of environmental pollution, 
water and land resources, transportation, and economic and regional 
development. 
(2) The primary responsibility for implementing this policy rests 
with State and local governments. 
(3) The Federal Government encourages and supports implementa-
tion of this policy through appropriate regional organizations estab-
lished under existing law. 
(c) The purposes of this title are— 
(1) to assure that each Federal department and agency conduct-
ing or supporting public works activities which affect the environ-
ment shall implement the policies established under existing law; 
and 
(2) to authorize an Office of Environmental Quality, which, 
notwithstanding any other provision of law, shall provide the 
professional and administrative staff for the Council on Environ-
mental Quality established by Public Law 91-190. 
OFFICE OF E N V I R O N M E N T A L QUALITY 
SEC. 203. (a) There is established in the Executive Office of the 
President an office to be known as the Office of Environmental Quality 
(hereafter in this title referred to as the "Office"). The Chairman of 
the Council on Environmental Quality established by Public Law 
91-190 shall be the Director of the Office. There shall be in the Office a 
Deputy Director who shall be appointed by the President, by and with 
the advice and consent of the Senate. 
(b) The compensation of the Deputy Director shall be fixed by the 
President at a rate not in excess of the annual rate of compensation 
payable to the Deputy Director of the Bureau of the Budget. 
(c) The Director is authorized to employ such officers and employees 
(including experts and consultants) as may be necessary to enable the 
42 use 4341-
4347. 
84 STAT. ] 
PUBLIC LAW 91-224-APR. 3, 1970 
115 
OflSice to carry out its functions under this title and Public Law 91-190, 
except that ne may employ no more than ten specialists and other 
experts without regard to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and pay such spe-
cialists and experts without regard to the provisions of chapter 51 and 
subchapter I I I of chapter 53 of such title relating to classiiication and 
s use s loi-
Generai Schedule pay rates, but no such specialist or expert shall be ^^^^' S331-5338. 
paid at a rate in excess of the maximum rate for GS-18 of the General 
Schedule under section 5332 of title 5. 
Pos<, p. i98-i. 
(d) In carrying out his functions the Director shall assist and advise 
the President on policies and programs of the Federal Government 
affecting environmental quality by— 
(1) providing the professional and administrative stajff and 
support for the Council on Environmental Quality established by 
Public Law 91-190; 
^Af^^l'f^^: 
(2) assisting the Federal agencies and departments in apprais- 
'" """ ' '' 
ing the effectiveness of existing and proposed facilities, programs, 
policies, and activities of the Federal Government, and those 
specific major projects designated hj the President which do not 
require individual project authorization by Congress, which affect 
environmental quality; 
(3) reviewing the adequacy of existing systems for monitoring 
and predicting environmental changes in order to achieve effective 
coverage and efficient use of research facilities and other resources; 
(4) promoting the advancement of scientific knowledge of the 
effects of actions and technology on the environment and encour-
age the development of the means to prevent or reduce adverse 
effects that endanger the health and well-being of man; 
(5) assisting in coordinating among the Federal departments 
and agencies those programs and activities which affect, protect, 
and improve environmental quality; 
(6) assisting the Federal departments and agencies in the 
development and interrelationship of environmental quality cri-
teria and standards established through the Federal Government; 
(7) collecting, collating, analyzing, and interpreting data and 
information on environmental quality, ecological research, and 
evaluation. 
(e) The Director is authorized to contract with public or private 
agencies, institutions, and organizations and with individuals without 
regard to sections 3648 and 3709 of the Revised Statutes (31 U.S.C. 
529; 41 U.S.C. 5) in carrying out his functions. 
REPORT 
SEC. 204. Each Environmental Quality Report required by Public rfs^frona\ c
° ''!"" 
Law 91-190 shall, upon transmittal to Congress, be referred to each m?ttWs?^ 
standing committee having jurisdiction over any part of the subject 
matter of the Report. 
AUTHORIZATION 
SEC. 205. There are hereby authorized to be appropriated not to 
Appropriations. 
exceed $600,000 for the fiscal year ending June 30, 1970, not to exceed 
$750,000 for the fiscal year ending June 30, 1971, not to exceed 
$1,250,000 for the fiscal year ending June 30, 1972, and not to 
exceed $1,500,000 for the fiscal year ending June 30, 1973. These 
authorizations are in addition to those contained in Public Law 91-190. 
83 stat. sse. 
42 use 4347. 
Approved April 3, 1970. 
Contract au-
thority.