페이지 이미지
PDF
ePub

Committee of Scientific Advisors on Marine Mammals

note.

Sec. 203.

(a) The Commission shall establish, within ninety days after its establishment, a Committee of Scientific Advisors on Marine Mammals (hereafter referred to in this title as the "Committee"). Such Committee shall consist of nine scientists knowledgeable in marine ecology Membership. and marine mammal affairs appointed by the Chairman after consultation with the Chairman of the Council on Environmental Quality, the Secretary of the Smithsonian Institution, the Director of the National Science Foundation, and the Chairman of the National Academy of Sciences.

(b) Except for United States Government employees, members of the Committee shall each compensation. be compensated at a rate equal to the daily equivalent of the rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day such member is engaged 5 USC 5332 in the actual performance of duties vested in the Committee. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently.

80 Stat. 499; (c) The Commission shall consult with the Committee on all studies and recommendations

83 Stat. 190. which it may propose to make or has made, on research programs conducted or proposed to be Recommendaconducted under the authority of this Act, and on all applications for permits for scientific

tions. research. Any recommendations made by the Committee or any of its members which are not

Transmittal adopted by the Commission shall be transmitted by the Commission to the appropriate Federal

to Federal agency and to the appropriate committees of Congress with a detailed explanation of the Commission's reasons for not accepting such recommendations.

congressional

committees. Commission Reports Sec. 204. The Commission shall transmit to Congress, by January 31 of each year, a report Report to which shall include

Congress. (1) a description of the activities and accomplishments of the Commission during the immediately preceding year; and

(2) all the findings and recommendations made by and to the Commission pursuant to section 202 of this Act together with the responses made to these recommendations.

agency and

Coordination With Other Federal Agencies

Sec. 205. The Commission shall have access to all studies and data compiled by Federal agencies regarding marine mammals. With the consent of the appropriate Secretary or Agency head, the Commission may also utilize the facilities or services of any Federal agency and shall take every feasible step to avoid duplication of research and to carry out the purposes of this Act.

Administration of Commission

80 Stat. 416.

Sec. 206. The Commission, in carrying out its responsibilities under this title, may

(1) employ and fix the compensation of such personnel;
(2) acquire, furnish, and equip such office space;

(3) enter into such contracts or agreements with other organizations, both public and private;

(4) procure the services of such experts or consultants or an organization thereof as is authorized under section 3109 of title 5, United States Code (but at rates for individuals not to exceed $100 per diem); and

(5) incur such necessary expenses and exercise such other powers, as are consistent with and reasonably required to perform its functions under this title. Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel, and procurement) shall be provided the Commission by the General Services Administration, for which payment shall be made in advance, or by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman and the Administrator of General Services.

Authorizations of Appropriations Sec. 207. There are authorized to be appropriated for the fiscal year in which this title is enacted and for the next five fiscal years thereafter such sums as may be necessary to carry out this title, but the sums appropriated for any fiscal year other than the fiscal year ending September 30, 1978, shall not exceed $1,000,000, the sum appropriated for the fiscal year ending September 30, 1978, shall not exceed $2,000,000, the sum appropriated for the fiscal year ending

September 30, 1979, shall not exceed $1,000,000, the sum appropriated for the fiscal year ending September 30, 1980, shall not exceed $1,000,000, and the sum appropriated for the fiscal year ending September 30, 1981, shall not exceed $1,000,000. (As amended by P.L. 95-136, 91 Stat. 1167, October 18, 1977; and P.L. 95-316, 92 Stat. 380, July 10, 1978)

Approved October 21, 1972.

Amendments Approved December 28, 1973; April 13, 1976; October 18, 1977; and July 10, 1978.

LEGISLATIVE HISTORY: P.L. 92-522

HOUSE REPORTS:

No. 92-707 (Comm. on Merchant Marine & Fisheries) and

No. 92-1488 (Comm. of Conference).
SENATE REPORT:

No. 92-863 accompanying S. 2871 (Comm. on Commerce).
CONGRESSIONAL RECORD:
Vol. 117 (1971):

Dec. 6, considered in House.
Vol. 118 (1972):

Mar. 9, considered and passed House.
July 25, 26, considered and passed Senate, amended, in lieu of S. 2871.
Oct. 10, House agreed to conference report.

Oct. 11, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 8, No. 44 (1972):

Oct. 28, Presidential statement.

LEGISLATIVE HISTORY: P.L. 93-205

HOUSE REPORTS:

No. 93-412 (Comm. on Merchant Marine & Fisheries) and

No. 93-740 (Comm. of Conference).
SENATE REPORT:

No. 93-307 (Comm. on Commerce).
CONGRESSIONAL RECORD:
Vol. 119 (1973):

July 24, considered and passed Senate.
Sept. 18, considered and passed House, amended, in lieu of H.R. 37.
Dec. 19, Senate agreed to conference report.

Dec. 20, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 10, No. 1 (1974):

Dec. 28, 1973, Presidential statement.

LEGISLATIVE HISTORY: P.L. 94-265

HOUSE REPORTS:

No. 94-445 (Comm. on Merchant Marine & Fisheries) and

No. 94-948 (Comm. of Conference).
SENATE REPORTS:

No. 94-416 (Comm. on Commerce),
No. 94-459 (Comm. on Foreign Relations), and
No. 94-515 (Comm. on Armed Services) all accompanying S. 961, and

No. 94-711 (Comm. of Conference).
CONGRESSIONAL RECORD:
Vol. 121 (1975):

Oct. 9, considered and passed House.

Dec. 19, S. 961 considered in Senate.
Vol. 122 (1976):

Jan. 19-22, 27, S. 961 considered in Senate.
Jan. 28, considered and passed Senate, amended, in lieu of S. 961.
Mar. 29, Senate agreed to conference report.

Mar. 30, House agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 12, No. 16 (1976):

Apr. 13, Presidential statement.

LEGISLATIVE HISTORY: P.L. 95-136

HOUSE REPORT:

No. 95-336 accompanying H.R. 4740 (Comm. on Mechant Marine & Fisheries). SENATE REPORT:

No. 95-177 (Comm. on Commerce, Science & Transportation).
CONGRESSIONAL RECORD:
Vol. 123 (1977):

July 18, considered and passed Senate.
Sept. 12, considered and passed House, amended, in lieu of H.R. 4740.
Oct. 4, Senate concurred in House amendment with amendments.
Oct. 4, 5, House concurred in Senate amendments.

LEGISLATIVE HISTORY: P.L. 95-316

HOUSE REPORT:

No. 95-1028 (Comm. on Merchant Marine & Fisheries).
SENATE REPORT:

No. 95-888 (Comm. on Commerce, Science & Transportation).
CONGRESSIONAL RECORD:
Vol. 124 (1978):

Apr. 10, considered and passed House.
June 7, considered and passed Senate, amended.
June 28, House concurred in Senate amendment.

S. Marine Protection, Research, and Sanctuaries Act of 1972, Public Law

92-532, 86 Stat. 1052, October 23, 1972 (33 USC 1401-1444; 16 USC 1431-1434), as amended by: Public Laws 93-254, 88 Stat. 50, March 22, 1974; 93-472,88 Stat. 1430, October 26, 1974; 94-62, 89 Stat. 303, July 25, 1975; 94-326, 90 Stat. 725, June 30, 1976; and 95-153, 91 Stat. 1255, November 4, 1977.

An Act

To regulate the transportation for dumping, and the dumping, of material into ocean waters, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in
Congress assembled, That this Act may be cited as the “Marine Protection, Research, and
Sanctuaries Act of 1972".

Marine
Protection,
Research,
and Sanctuaries
Act of 1972.

Finding, Policy, and Purpose

Sec. 2.

(a) Unregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and the marine environment, ecological systems, and economic potentialities.

(b) The Congress declares that it is the policy of the United States to regulate the dumping of all types of materials into ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. (c) It is the purpose of this Act to regulate

(1) the transportation by any person of material from the United States and, in the case of United States vessels, aircraft, or agencies, the transportation of material from a location outside the United States, when in either case the transportation is for the purpose of dumping the material into ocean waters, and

(2) the dumping of material transported by any person from a location outside the United States, if the dumping occurs in the territorial sea or the contiguous zone of the United States.

(As amended by P.L. 93-254, 88 Stat. 50, March 22, 1974)

Definitions

86 Stat. 871.

86 Stat. 862; 87 Stat. 906.

Sec. 3. For the purposes of this Act the term

(a) "Administrator” means the Administrator of the Environmental Protection Agency.

(b) "Ocean waters” means those waters of the open seas lying seaward of the base line from which the territorial sea is measured, as provided for in the Convention on the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639).

(c) "Material” means matter of any kind or description, including, but not limited to, dredged material, solid waste, incinerator residue, garbage, sewage, sewage sludge, munitions, radiological, chemical, and biological warfare agents, radioactive materials, chemicals, biological and laboratory waste, wreck or discarded equipment, rock, sand, excavation debris, and industrial, municipal, agricultural, and other waste; but such term does not mean sewage from vessels within the meaning of section 312 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1322). Oil within the meaning of section 311 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1321), shall be included only to the extent that such oil is taken on board a vessel or aircraft for the purpose of dumping.

(d) "United States” includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.

(e) "Person” means any private person or entity, or any officer, employee, agent, department, agency, or instrumentality of the Federal Government, of any State or local unit of government, or of any foreign government.

(f) "Dumping" means a disposition of material: Provided, That it does not mean a disposition of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251-1376), under the provisions of section 13 of the Rivers and Harbors Act of 1899, as amended (33 U.S.C. 407, or under the provisions of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011, et seq.), nor does it mean a routine discharge of effluent incidental to the propulsion of, or operation of motor-driven equipment on vessels: Provided further, That it does not mean the construction of any fixed structure or artificial island nor the intentional placement of any device in ocean waters or on or in the submerged land beneath such waters, for a purpose other than disposal,

30 Stat. 1152. 68 Stat. 921.

« 이전계속 »