under section 12 to one or more appropriate Federal agencies. It would authorize a revolving fund. The maximum amount in the fund from appropriations would be $50 million.

Section 12 (1)-Rights Over

This section would establish that the provisions of section 12 are not intended to affect the rights of an owner or operator or the U.S. Government against third parties who may have caused or contributed to an oil discharge.

Section 12 (m)-Enforcement

This section would grant enforcement authority in carrying out provisions of section 12.

Section 12 (n)-Emergency Action

This section would provide authority similar to that in an 1899 statute administered by the Secretary of the Army (33 U.S.C. 415). It would authorize the United States in cases where the President determines that there is an imminent and substantial threat to the public health or welfare, because of an actual threat or discharge of oil into the navigable waters of the United States from a vessel, to take immediate possession of the vessel and such other action that may be appropriate. Any expenses incurred by the United States could be

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recovered subject to the same limitations found in sections 12 (f) and (g).

Similarly, the President under the same conditions may require that the U.S. attorney seek relief to abate any actual or threatened discharge of oil from any onshore or offshore facility.

Section 12 (o)-Jurisdiction

This section would provide jurisdiction in the Federal district courts and in various other district courts relative to Guam, Virgin Islands, American Samoa, Trust Territory of the Pacific Islands, and the Canal Zone.

Section 12 (p) -Other Laws Not Affected

This section would provide that the provisions of section 12 shall not be construed as affecting or modifying any other existing authorities under Federal Water Pollution Control Act, as amended, or any other Federal law or any State or local law not in conflict with the provisions of section 12.

Section 12 (q)-Disclaimer

This section would provide that section 12 will not affect or modify

the obligations of any owner or operator for damages to persons or property resulting from the discharge of oil or from the removal of such oil.

Section 13-Control of hazardous polluting substances

This new section 13 is concerned with the identification, control, and cleanup of hazardous substances, other than oil.

Section 13 (a)–(f) —Identification of hazardous substances

This section would direct the President to develop, promulgate, and revise regulations designating various hazardous substances, other than oil, which when discharged in any quantity into the navigable waters of the United States, or the waters of the contiguous zone, would present an imminent and substantial danger to the public health or welfare and establishing where appropriate, criteria for the removal of such substances. The development of these regulations must include consultation with various public and private agencies and organizations and individuals interested in such regulations. Where appropriate, public hearings could be held in developing the regulations. Consideration must also be given to the latest available scientific data, technical feasibility of the regulations, and experience gained under the Federal Water Pollution Control Act. Regulations would be published in the Federal Register as proposed regulations and interested persons would be given at least 30 days to comment thereon. At the end of that time the regulations may be finally promulgated unless an interested person has filed objections stating grounds therefor and requesting a public hearing on such objections. After the notice period, the objections must be published in the Federal Register by notice and a public hearing held as soon as possible thereafter. On completion of the hearing, the President must make findings of fact and he may promulgate such modification of regulations as appropriate or take other action as he deems appropriate. All findings must be made public.

Any person aggrieved by such regulation for which a hearing was held may within 60 days file a petition in the U.S. Court of Appeals

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for the District of Columbia requesting that the regulation be modified or set aside. The court must hear the appeal on the record made before the President and the substantial evidence rule shall apply to the findings of the President. The court may affirm, vacate, or remand the proceedings. The review afforded by this procedure in the Court of Appeals shall be exclusive as to the person seeking the petition. and such person cannot raise the validity of the regulation in any subsequent procedure relating to the enforcement thereof. The filing

of a petition does not stay the regulations unless the court so orders after finding that there is substantial likelihood that the President's findings are erroneous and that irreparable injury will result if the stay is not granted.

Section 13 (g)—Notice

This section would require that notice be given immediately to the United States upon the discharge of any hazardous substance from an onshore or offshore facility or a vessel in order to permit immediate action to remove or otherwise mitigate damage from the discharged substance. Criminal penalties apply for anyone who knowingly fails to so notify. Such notice and information contained therein may not be used in any criminal action under Federal or State law.

Section 13 (h)-Removal

This section would direct that the United States remove any discharged substance unless appropriate action is taken immediately by the discharger to remove the substance.

Section 13 (i)-Penalties

This section would provide civil penalties for violation of regulation promulgated under section 13 (a). If payment is not forthcoming administratively such penalties may be collected in Federal court in a de novo proceeding.

Section 13 (j)-Disclaimer

This section would provide that section 13 will not affect or modify the obligations of an owner or operator for damages to anyone for damage to persons or property resulting from the discharge of a hazardous substance or from the removal of such substance.

Section 13 (k)-Enforcement

This section would provide enforcement authority in carrying out. the provisions of section 13.

Section 13 (1) -Court jurisdiction

This section would provide jurisdiction in the Federal district courts in case of any actions arising under section 13.

Section 13 (m)-Definition

This section would define various terms used in section 13 and make applicable the definitions of section 12 (a) as to the terms, oil, discharge, vessels, public vessel, United States, person, contiguous zone, and act of God.

Section 13 (n)-Report

This section would require that the President submit a report to the Congress by November 1, 1970, on the need for, and desirability of, legislation imposing liability for the cost of removal of hazardous

substances. The report would be based on an accelerated study on [p. 71]

the methods and measures for controlling substances, the most appropriate measures for enforcement, and the methods of imposing sanctions where removal is impossible or impractical.

Section 13 (0) -Delegation

This section would authorize the President to delegate his responsibility to other Federal agencies. In addition it would make available for the purpose of section 13 the fund established under section 12 of the Act.

Section 14-Area Acid and Other Mine Water Pollution Control Demonstrations

This new section 14 would authorize a demonstration program regarding acid or other mine water pollution control.

Section 14 (a)

This section would authorize the Secretary of the Interior to carry out an areawide program within all or part of a watershed to demonstrate methods for the elimination or control of acid or other mine water pollution resulting from active or abandoned mines. The work would be done under agreements with the interested States or interstate agencies acting jointly or severally depending on where the project is located. The projects must demonstrate the engineering and economic feasibility and practicality of using single or multipleabatement techniques.

Section 14 (b)

This section would provide that the project area be all or part of a watershed. In selecting such an area, the Secretary must (1) require to the extent needed, a feasibility study which may be carried out by the Secretary or the States, (2) give a preference to those areas with the greatest public values and uses either present or future, and (3) be satisfied that the project area will not be affected to any serious degree from other polluting sources.

Section 14 (c)

This section would provide that the State share of a project shall be at least 25 percent of the total project costs. This payment may be in the form of land or interests therein actually acquired by the State or a subdivision thereof for the project after the enactment of this new section, facilities, and personal services, and money. The value of the land, facilities, and services will be determined by the Secretary. It is the purpose of this section to encourage the States to participate to the greatest extent possible so that there may be

developed meaningful projects which will produce the experience needed to develop an effective control program.

This section would require the State to establish adequate mechanisms and controls, including plans of enforcement, to prevent any activity that may cause future mine water pollution and destroy or severely damage the work carried out in the project area.

Section 14 (d)

This section would authorize an appropriation of $15 million for this program. The funds would be available until expended. It would also limit the total Federal grant to any one State on any one year to 25 percent of the funds actually appropriated to carry out this program.

Section 15-Pollution control in Great Lakes

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This section would authorize the Secretary of the Interior to carry out a program to demonstrate new methods and techniques and develop preliminary plans to eliminate control of pollution within all or any part of the watersheds of the Great Lakes. In carrying out these projects, State political subdivisions, interstate agencies, or other public agencies, acting jointly or severally, must pay at least 25 percent of the actual project cost; $20 million are authorized to be appropriated for this project.

SECTION 103

This section would amend redesignated section 16 of the Federal Water Pollution Control Act, as amended, to read as follows:

Section 16 (a)-Federal agency compliance

This section is similar to the present section 11 of the Federal Water Pollution Control Act as amended. The new section, however, would require that every Federal agency having jurisdiction over any real property or any facility or activity of any kind shall insure compliance with applicable water quality standards in the administration of the property, facility, or activity consistent with an approved plan for implementation. This section would also authorize appropriations to carry out this requirement.

Section 16 (b)-Compliance by lessees and contracting party

This section would require that when a Federal agency (1) issues a lease to any person for the use of any Federal property or facility or (2) contracts for the operation of such property or facility or (3) contracts for the entire operation of any non-Federal facility, such agency must insure compliance with the applicable water control quality standards and purposes of this Act in administering such lease or