using existing Federal training programs to train such personnel. He shall report the results of such investigation and study to the President and the Congress not later than July 1, 1967.

"Sec. 17. The Secretary of the Interior shall, in consultation with the Secretary of the Army, the Secretary of the department in which the Coast Guard is operating, the Secretary of Health, Education, and Welfare, and the Secretary of Commerce, conduct a full and complete investigation and study of the extent of the pollution of all navigable waters of the United States from litter and sewage discharged, dumped, or otherwise deposited into such waters from watercraft using such waters, and methods of abating either in whole or in part such pollution. The Secretary shall submit a report of such investigation to Congress, together with his recommendations for any necessary legislation, not later than July 1, 1967.

"Sec. 18. The Secretary of the Interior shall conduct a full and complete investigation and study of methods for providing incentives designed to assist in the construction of facilities and works by industry designed to reduce or abate water pollution. Such study shall include, but not be limited to, the possible use of tax incentives as well as other methods of financial assistance. In carrying out this study the Secretary shall consult with the Secretary of the Treasury as well as the head of any other appropriate department or agency of the Federal Government. The Secretary shall report the results of such investigation and study, together with his recommendations, to the Congress not later than January 30, 1968."

Sec. 211. (a) The Oil Pollution Act, 1924 (43 Stat. 604; 33 U.S.C. 431 et seq.), is amended to read as follows: "That this Act may be cited as the 'Oil Pollution Act, 1924'.

"Sec. 2. When used in this Act, unless the context otherwise requires

"(1) 'oil' means oil of any kind or in any form, including fuel oil, sludge, and oil refuse;

"(2) 'person' means an individual, company, partnership, corporation, or association; any owner, operator, master, officer, or employee of a vessel; and any officer, agent or employee of the United States;

"(3) 'discharge' means any grossly negligent, or willful spilling, leaking, pumping, pouring, emitting, or emptying of oil; "(4) navigable waters of the United States' means all portions of the sea within the territorial jurisdiction of the United States, and all inland waters navigable in fact; and

"(5) 'Secretary' means the Secretary of the Interior. "Sec. 3. (a) Except in case of emergency imperling life or property or unavoidable accident, collision, or stranding, and except as

otherwise permitted by regulations prescribed by the Secretary as hereinafter authorized, it is unlawful for any person to discharge or permit the discharge from any boat or vessel of oil by any method, means, or manner into or upon the navigable waters of the United States, and adjoining shorelines of the United States.

"(b) Any person discharging or permitting the discharge of oil from any boat or vessel, into or upon the navigable waters of the United States

[p. 8]

shall remove the same from the navigable waters of the United States, and adjoining shorelines immediately. If such person fails to do so, the Secretary may remove the oil or may arrange for its removal, and such person shall be liable to the United States, in addition to the penalties prescribed in section 4 of this Act, for all costs and expenses reasonably incurred by the Secretary in removing the oil from the navigable waters of the United States, and adjoining shorelines of the United States. These costs and expenses shall constitute a lien on such boat or vessel which may be recovered in proceedings by libel in rem.

"(c) The Secretary may prescribe regulations which

"(1) permit the discharge of oil from boats or vessels in such quantities under such conditions, and at such times and places as in his opinion will not be deleterious to health or marine life or a menace to navigation, or dangerous to persons or property engaged in commerce on navigable waters of the United States; and

"(2) relate to the removal or cost of removal, or both, of oil from the navigable waters of the United States, and adjoining shorelines of the United States.

"Sec. 4. (a) Any person who violates section 3 (a) of this Act shall, upon conviction thereof, be punished by a fine not exceeding $2,500, or by imprisonment not exceeding one year, or by both such fine and imprisonment for each offense.

"(b) Any boat or vessel other than a boat or vessel owned and operated by the United States from which oil is discharged in violation of section 3 (a) of this Act shall be liable for a penalty of not more than $10,000. Clearance of a boat or vessel liable for this penalty from a port of the United States may be withheld until the penalty is paid. The penalty shall constitute a lien on such boat or vessel which may be recovered in proceedings by libel in rem in the district court of the United States for any district within which such boat or vessel may be.

"Sec. 5. The Commandant of the Coast Guard may, subject to the provisions of section 4450 of the Revised Statutes, as amended (46

U.S.C. 239), suspend or revoke a license issued to the master or other licensed officer of any boat or vessel found violating the provisions of section 3 of this Act.

"Sec. 6. In the administration of this Act the Secretary may, with the consent of the Commandant of the Coast Guard or the Secretary of the Army, make use of the organization, equipment, and agencies, including engineering, clerical, and other personnel, employed by the Coast Guard or the Department of the Army, respectively, for the preservation and protection of navigable waters of the United States. For the better enforcement of the provisions of this Act, the officers and agents of the United States in charge of river and harbor improvements and persons employed under them by authority of the Secretary of the Army, and persons employed by the Secretary, and officers of the Customs and Coast Guard of the United States shall have the power and authority and it shall be their duty to swear out process and to arrest and take into custody, with or without process, any person who may violate any of such provisions, except that no person shall be arrested without process for a violation not committed in the presence of some one of the aforesaid persons. Whenever any arrest is made under the provisions of this Act the person so arrested shall be brought forthwith before a commissioner, judge, or court of the United States for examination of the offenses alleged against him, [p. 9]

and such commissioner, judge or court shall proceed in respect thereto as authorized by law in cases of crimes against the United States.

"Sec. 7. This Act shall be in addition to other laws for the preservation and protection of navigable waters of the United States and shall not be construed as repealing, modifying, or in any manner affecting the provisions of such laws."

(b) The amendment made by subsection (a) of this section shall take effect on the thirtieth day which begins after the date of enactment of this Act.

GEO. H. FALLON,
JOHN A. BLATNIK,
ROBERT E. JONES,

JOHN C. KLUCZYNSKI,

JIM WRIGHT,

WILLIAM C. CRAMER,

WILLIAM H. HARSHA,

JOHN C. KUNKEL,

Managers on the Part of the House.

JENNINGS RANDOLPH,
EDMUND S. MUSKIE,

FRANK E. Moss,

FRED R. HARRIS,

J. CALEB BOGGS,

GEORGE MURPHY,

Managers on the Part of the Senate.

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STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE

The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the amendment of the House to the bill (S. 2947) to amend the Federal Water Pollution Control Act in order to improve and make more effective certain programs pursuant to such act, submit the following statement in explanation of the effect of the action agreed upon by the conferees and recommended in the accompanying conference report:

The House amendment struck out all of the Senate bill after the enacting clause and inserted a substitute text.

The committee of conference recommends that the Senate recede from its disagreement to the amendment of the House with an amendment, which is a substitute for both the text of the Senate bill and the text of the House amendment, and that the House agree to the same. Except for conforming clerical and technical changes, the differences between the House amendment and the substitute agreed to in conference are noted below.

TITLE I

HOUSE AMENDMENT

Title I of the House amendment amends the Federal Water Pollution Control Act by adding to it a new title II containing sections 201 through 211 the provisions of which are hereafter set forth.

The purpose of this new title II is stated in section 201 to be the acceleration of pollution control and abatement programs through preparation and development of basin pollution control and abatement plans and through the establishment of additional incentives to encourage waste treatment consistent with quality standards.

Section 202 of the proposed title II authorizes the Governor of a State to develop a basin plan in the case of intrastate waters and the Governors of States and appropriate interstate agencies to develop a basin plan in the case of interstate waters. Certain specific requirements for majority approval are established in the case of the Upper

Colorado River Basin, the Columbia River Basin, and the Hudson River Basin.

Section 203 of the proposed title II provides for review of the proposed basin plan after its submission to the Secretary of the Interior, by the Secretary of the Department of Housing and Urban Development, the Water Resources Council and, when appropriate, the Secretary of State. After this review the Secretary of the Interior is required to approve the plan if he determines that it will adequately and effectively maintain the waters covered by it at a level of quality established by the applicable water quality standards.

Section 204 of the proposed title II provides for the transmission of the plan by the Secretary of the Interior to Congress for its approval by specific statute.

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Section 205 of the proposed title II authorizes grants to aid in financing construction of treatment works within a basin after a basin plan therefor has been approved. The basic amount of the grant is 40 percent, but this can be increased to 50 percent if the State agrees to pay at least 25 percent of the cost of all projects for which Federal grants are to be made from the same allocation. A further provision of this section prohibits duplication of grants, except supplementary grants under the Appalachia Act or the Economic Development Act. In addition the section prohibits a grant unless the treatment works have been approved by the appropriate State water pollution control agency and certified as entitled to priority over other projects.

Section 206 of the proposed title II prohibits other Federal grants from being made under any other provision of law once a basin plan has been approved unless in the judgment of the Secretary the works for which the grant is to be made conform to the basin plan.

Section 207 of the proposed title II authorizes the Secretary to make grants of up to 50 percent of the administrative expenses of a planning agency in preparing a basin plan. In the case of intrastate waters this planning agency must be an agency of State government. In the case of interstate waters the planning agency must be either agencies of State governments or an interstate agency.

Section 208 of the proposed title II authorizes the detail of Federal employees to assist a State or interstate agency in the preparation of a basic plan.

Section 209 of the proposed title II specifically provides that the Tennessee River Valley Authority and the Delaware River Basin Commission are planning agencies for the purposes of this act and provides that basin plans prepared by them are to be submitted directly by them to Congress.