and to the interstate agency, if any, of the State or States where such discharge or discharges originate.

"(d) If action reasonably calculated to secure abatement of the pollution within the time specificed in the notice prescribed in subsection (c) is not taken, the Secretary of Health, Education, and Welfare shall send a further notice to such person or persons, and shall send a copy thereof to the water pollution control agency, and to the interstate agency, if any, of the State or States where such discharge or discharges originate. Such further notice shall specify a reasonable time (not less than three months) to secure abatement of such pollution. If action reasonably calculated to secure abatement of the pollution within the time specified in such further notice is not taken, the Secretary of Health, Education, and Welfare may, with the consent of the water pollution control agency (or any officer or employee authorized to give such consent) of the State or States where the matter causing or contributing to the pollution is discharged or at the request of the water pollution control agency (or any officer or employee authorized to make such request) of any other State or States where the health or welfare of any person or persons is adversely affected by such pollution, request the Attorney General to bring a suit on behalf of the United States to secure abatement of the pollution.

"(e) In any suit brought pursuant to subsection (d) in which two or more persons in different judicial districts are originally joined as defendants, the suit may be commenced in the judicial district in which any discharge caused by any of the defendants occurs.

"(f) The court shall receive in evidence in any such suit a transcript of the proceedings before the board and a copy of the board's recommendation; and shall receive such further evidence as the court in its discretion deems proper. The court shall have jurisdiction to enter such judgment, and orders enforcing such judgment, as the public interest and the equities of the case may require. "(g) As used in this section, the term 'person' includes an individual, corporation, partnership, association, State, municipality, and political subdivision of the State.

"ADMINISTRATION

"SEC. 8. (a) The Surgeon General is authorized to prescribe such regulations as are necessary to carry out his functions under this Act. All regulations of the Surgeon General under this Act shall be subject to the approval of the Secretary of Health, Education, and Welfare. The Surgeon General may delegate to any officer or employee of the Public Health Service such of his powers and duties under this Act, except the making of regulations, as he may deem necessary or expedient.

"(b) The Secretary of Health, Education, and Welfare, with the consent of the head of any other agency of the United States, may utilize such officers and employees of such agency as may be found necssary to assist in carrying out the purposes of this Act.

"(c) There are hereby authorized to be appropriated to the Department of Health, Education, and Welfare such sums as may be necessary to enable it to carrry out its functions under this Act.

"DEFINITIONS

"SEC. 9. When used in this Act

"(a) The term 'State water pollution control agency' means the State health authority, except that, in the case of any State in which there is a single State agency, other than the State health authority, charged with responsibility for enforcing State laws relating to the abatement of water pollution, it means such other State agency.

"(b) The term 'interstate agency' means an agency of two or more States established by or pursuant to an agreement or compact approved by the Congress, or any other agency of two or more States, having substantial powers or duties pertaining to the control of pollution of waters.

"(c) The term 'State' means a State, the District of Columbia, Hawaii, Alaska, Puerto Rico, or the Virgin Islands.

66

"(d) The term 'interstate waters' means all rivers, lakes, and other waters that flow across, or form a part of, State boundaries.

"(e) The term 'municipality' means a city, town, county, district, or other public body created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes.

"OTHER AUTHORITY NOT AFFECTED

"SEC. 10. This Act shall not be construed as (1) superseding or limiting the functions, under any other law, of the Surgeon General or of the Public Health Service, or of any other officer or agency of the United States, relating to water pollution, or (2) affecting or impairing the provisions of the Oil Pollution Act, 1924, or sections 13 through 17 of the Act entitled 'An Act making appropriations for the construction, repair, and preservation of certain public works on rivers and harbors and for other purposes,' approved March 3, 1899, as amended, or (3) affecting or impairing the provisions of any treaty of the United States.

"SEPARABILITY

"SEC. 11. If any provision of this Act, or the application of any provision of this Act to any person or circumstances, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act, shall not be affected thereby.

"SHORT TITLE

"SEC. 12. This Act may be cited as the 'Federal Water Pollution Control Act." SEC. 2. The title of such Act is amended to read "An Act to provide for water pollution control activities in the Public Health Service of the Department of Health, Education, and Welfare, and for other purposes."

SEC. 3. Terms of office as members of the Water Pollution Control Advisory Board (established pursuant to section 6 (b) of the Water Pollution Control Act, as in effect prior to the enactment of this Act) subsisting on the date of enactment of this Act shall expire at the close of business on such date.

SEC. 4. As soon as possible after the date of enactment of this Act the Surgeon General shall promulgate Federal shares in the manner provided in subsection (i) of section 5 of the Water Pollution Control Act, as amended by this Act (and without regard to the date specified therin for such promulgation), such Federal shares to be conclusive for the purposes of section 5 of such Act for the period beginning July 1, 1955, and ending June 30, 1957.

SEC. 5. It is hereby declared to be the intent of the Congress that any Federal department or agency having jurisdiction over any building, installation, or other property shall, insofar as practicable and consistent with the interests of the United States and within any available appropriations, cooperate with the Department of Health, Education, and Welfare, and with any State or interstate agency or municipality having jurisdiction over waters into which any matter is discharged from such property, in preventing or controlling the pollution of such waters.

SEC. 6. This Act may be cited as the "Water Pollution Control Act Amendments of 1955".

Passed the Senate June 17 (legislative day, June 14), 1955.
Attest:

FELTON M. JOHNSTON, Secretary.

[H. R. 414, 84th Cong., 1st sess.].

A BILL To extend the duration of the Water Pollution Control Act

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the words "each of the five fiscal years during the period beginning July 1, 1948, and ending June 30, 1953" where they occur in section 7 and subsections (a), (c), (d), and (e) of section 8 of the Water Pollution Control Act (Public Law 845, Eightieth Congress), are hereby amended to read "each of the ten fiscal years during the period beginning July 1, 1948, and ending June 30, 1958".

[H. R. 3426, 84th Cong., 1st sess.]

A BILL To extend and strengthen the Water Pollution Control Act

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Water Pollution Control Act (33 U. S. C. 466-466j) is hereby amended to read as follows:

"DECLARATION OF POLICY

"SECTION 1. In connection with the exercise of jurisdiction over the waterways of the Nation and in consequence of the benefits resulting to the public health and welfare by the prevention and control of water pollution, it is hereby declared to be the policy of Congress to recognize, preserve, and protect the primary responsibilities and rights of the States in preventing and controlling water pollution, to support and aid technical research relating to the prevention and control of water pollution, and to provide Federal technical services and financial aid to State and interstate agencies in connection with the prevention and control of water pollution. To this end, the Surgeon General of the Public Health Service shall administer this Act through the Public Health Service and under the supervision and direction of the Secretary of Health, Education, and Welfare.

"COMPREHENSIVE PROGRAMS FOR WATER POLLUTION CONTROL

"SEC. 2. The Surgeon General shall, after careful investigation, and in cooperation with other Federal agencies, with State water pollution control agencies and interstate agencies, and with the municipalities and industries involved, prepare or adopt comprehensive programs for eliminating or reducing the pollution and improving the sanitary condition of surface and underground waters. In the development of such comprehensive programs due regard shall be given to the improvements which are necessary to conserve such waters for public water supplies, propagation of fish and aquatic life and wildlife, recreational purposes, and agricultural, industrial, and other legitimate uses. For the purpose of this section, the Surgeon General is authorized to make joint investigations with any such agencies of the condition of any waters in any State or States, and of the discharges of any sewage, industrial wastes, or substance which may deleteriously affect such waters.

"INTERSTATE COOPERATION AND UNIFORM LAWS

"SEC. 3. (a) The Surgeon General shall encourage cooperative activities by the States for the prevention and control of water pollution; encourage the enactment of improved and, so far as practicable, uniform State laws relating to the prevention and control of water pollution; and encourage compacts between States for the prevention and control of water pollution.

"(b) The consent of the Congress is hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for (1) cooperative effort and mutual assistance for the prevention and control of water pollution and the enforcement of their respective laws relating thereto, and (2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements and compacts. No such agreement or compact shall be binding or obligatory upon any State a party thereto unless and until it has been approved by the Congress.

"RESEARCH, INVESTIGATIONS, TRAINING, AND INFORMATION

"SEC. 4. (a) The Surgeon General shall conduct in the Public Health Service and encourage, cooperate with, and render assistance to other appropriate public (whether Federal, State, interstate, or local) authorities, agencies, and institutions, private agencies and institutions, and individuals in the conduct of, and promote the coordination of, research, investigations, experiments, demonstrations, and studies relating to the causes, control, and prevention of water pollution. In carrying out the foregoing, the Surgeon General is authorized to"(1) collect and make available, through publications and other appropriate means, the results of and other information ast or esearch, investigations, and demonstrations relating to the prevention and control of water pollution, including appropriate recommendations in connection therewith; "(2) make grants-in-aid to public or private agencies and institutions and to individuals for research or training projects and for demonstrations, and provide for the conduct of research, training, and demonstrations by contract with public or private agencies and institutions and with individuals without regard to sections 3648 and 3709 of the Revised Statutes; "(3) secure, from time to time and for such periods as he deems advisable, the assistance and advice of experts, scholars, and consultants as authorized by section 15 of the Administrative Expenses Act of 1946 (5 U. S. C. 55a) ;

"(4) establish and maintain research fellowships in the Public Health Service with such stipends and allowances, including traveling and subsistence expenses, as he may deem necessary to procure the assistance of the most promising research fellows; and

"(5) provide training in technical matters relating to the causes, prevention, and control of water pollution to personnel of public agencies and other persons with suitable qualifications.

"(b) The Surgeon General may, upon request of any State water pollution control agency or interstate agency, conduct investigations and research and make surveys concerning any specific problem of water pollution confronting any State, interstate agency, community, municipality, or industrial plant, with a view to recommending a solution of such problem.

"(e) The Surgeon General shall collect and disseminate such information relating to water pollution and the prevention and control thereof as he deems appropriate to carry out the purposes of this Act.

"GRANTS FOR WATER-POLLUTION CONTROL

"SEC. 5. (a) There are hereby authorized to be appropriated $2,000,000 each for the fiscal year ending June 30, 1956, and the succeeding fiscal year, and such sums as the Congress may determine for each fiscal year thereafter, for grants to States and to interstate agencies to assist them in meeting the costs of establishing and maintaining adequate measures for the prevention and control of water pollution.

"(b) The portion of the sums appropriated pursuant to subsection (a) for a fiscal year which shall be available for grants to interstate agencies and the portion thereof which shall be available for grants to States shall be specified in the Act appropriating such sums.

"(c) From the sums available therefor for any fiscal year the Surgeon General shall from time to time make allotments to the several States, in accordance with regulations, on the basis of (1) the population, (2) the extent of the waterpollution problem, and (3) the financial need of the respective States.

"(d) From each State's allotment under subsection (c) for any fiscal year the Surgeon General shall pay to such State an amount equal to its Federal share (as determined under subsection (i)) of the cost of carrying out its State plan approved under subsection (f), including the cost of training personnel for State and local water-pollution-control work and including the cost of administering the State plan.

"(e) From the sums available therefor for any fiscal year the Surgeon General shall from time to time make allotments to interstate agencies, in accordance with regulations, on such basis as the Surgeon General finds reasonable and equitable. He shall from time to time pay to each such agency, from its allotment, an amount equal to such portion of the cost of carrying out its plan approved under subsection (f) as may be determined in accordance with regulations, including the cost of training personnel for water-pollution-control work and including the cost of administering the interstate agency's plan. The regulations relating to the portion of the cost of carrying out the interstate agency's plan which shall be borne by the United States shall be designed to place such agencies, so far as practicable, on a basis similar to that of the States.

"(f) The Surgeon General shall approve any plan for purposes of this section which is submitted by the State water pollution control agency or, in the case of an interstate agency, by such agency, and which meets such requirements as the Surgeon General may prescribe by regulation.

‘(g) All regulations and amendments thereto with respect to grants to States and to interstate agencies under this section shall be made after consultation with a conference of the State water pollution control agencies and interstate agencies. Insofar as practicable, the Surgeon General shall obtain the agreement, prior to the issuance of any such regulations or amendments, of such State and interstate agencies.

"(h) (1) Whenever the Surgeon General, after reasonable notice and opportunity for hearing to a State water pollution control agency or interstate agency finds that

"(A) the plan submitted by such agency and approved under this section has been so changed that it no longer complies with a requirement prescribed by regulation as a condition of approval of the plan; or

"(B) in the administration of the plan there is a failure to comply substantially with such a requirement, the Surgeon General shall notify such 68263-56--2

agency that no further payments will be made to the State or to the interstate agency, as the case may be, under this section (or in his discretion that further payments will not be made to the State, or to the interstate agency, for projects under or parts of the plan affected by such failure) until he is satisfied that there will no longer be any such failure. Until he is so satisfied, the Surgeon General shall make no further payments to such State, or to such interstate agency, as the case may be, under this section (or shall limit payments to projects under or parts of the plan in which there is no such failure).

"(2) If any State or any interstate agency is dissatisfied with the Surgeon General's action with respect to it under this subsection, it may appeal to the United States Court of Appeals for the circuit in which such State (or any of the member States, in the case of an interstate agency) is located. The summons and notice of appeal may be served at any place in the United States. The findings of fact by the Surgeon General, unless substantially contrary to the weight of the evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Surgeon General to take further evidence, and the Surgeon General may thereupon make new or modified findings of fact and may modify his previous action. Such new or modified findings of fact shall likewise be conclusive unless substantially contrary to the weight of the evidence. The court shall have jurisdiction to affirm the action of the Surgeon General or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in title 28, United States Code, section 1254.

"(i) (1) The 'Federal share' for any State shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the continental United States (excluding Alaska), except that (A) the Federal share shall in no case be more than 66% per centum or less than 33% per centum, and (B) the Federal share for Hawaii and Alaska shall be 50 per centum, and for Puerto Rico and the Virgin Islands shall be 66% per centum.

"(2) The 'Federal shares' shall be promulgated by the Surgeon General between July 1 and September 30 of each even-numbered year, on the basis of the average of the per capita incomes of the States and of the continental United States for the three most recent consecutive years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning July 1 next succeeding such promulgation: Provided, That the Federal shares promulgated by the Surgeon General pursuant to section 4 of the Water Pollution Control Act Amendments of 1955, shall be conclusive for the period beginning July 1, 1955, and ending June 30, 1957.

"(j) The population of the several States shall be determined on the basis of the latest figures furnished by the Department of Commerce.

"(k) The method of computing and paying amounts pursuant to subsection (d) or (e) shall be as follows:

"(1) The Surgeon General shall, prior to the beginning of each calendar quarter or other period prescribed by him, estimate the amount to be paid to each State (or to each interstate agency in the case of subsection (e)) under the provisions of such subsection for such period, such estimate to be based on such records of the State (or the interstate agency) and information furnished by it, and such other investigation, as the Surgeon General may find necessary. "(2) The Surgeon General shall pay to the State (or to the interstate agency), from the allotment available therefor, the amount so estimated by him for any period, reduced or increased, as the case may be, by any sum (not previously adjusted under this paragraph) by which he finds that his estimate of the amount to be paid such State (or such interstate agency) for any prior period under such subsection was greater or less than the amount which should have been paid to such State (or such agency) for such prior period under such subsection. Such payments shall be made through the disbursing facilities of the Treasury Department, in such installments as the Surgeon General may determine.

"WATER POLLUTION CONTROL ADVISORY BOARD

"SEC. 6. (a) There is hereby established in the Public Health Service a Water Pollution Control Advisory Board to be composed as follows: The Surgeon General or a sanitary engineer officer designated by him, who shall be Chairman of the Board, a representative of the Department of the Army, a representative