A Compilation of Federal Laws Relating to Conservation and Development of Our Nation's Fish and Wildlife Resources, Environmental Quality, and Oceanography

AMENDMENTS

1970 Subsec. (a). Pub. L. 9-224, § 103, designated existing provisions as subsec. (a), and, as so designated, substituted provisions requiring each Federal agency to insure compliance with applicable water quality standards and the purposes of this chapter for provisions setting forth the intent of Congress, within available appropriations, as the cooperation between any Federal department or agency and the Department of the Interior, and with any State or interstate agency or municipality with jurisdiction over waters into which matter is discharged from Federal property, in the prevention or control of the pollution of such waters, and added the requirement that the Secretary transmit a copy of any summary to the head of any Federal agency directly involved. Subsecs. (b)-(d). Pub. L. 91-224, § 103, added subsecs. (b) to (d).

1965-Pub. L. 89-234 substituted "section 10(d) (3)" for "section 8(c) (3)", which for purposes of codification has been changed to read "section 1160(d) (3) of this title", and "section 10(f)" for "section 8(e)", which for purposes of codification has been changed to "section 1160(f) of this title."

1961-Pub. L. 87-88 required the Secretary in his summary of any conference pursuant to section 1160 (c)(3) of this title to include references to any discharges allegedly contributing to pollution from any Federal property, provided for the giving of notice of hearing pursuant to section 1160 (e) of this title to the Federal agency having jurisdiction over the property involved, and directed the Hearing Board to include references to discharges which are contributing to pollution in its findings and recommendations.

1956-Act July 9, 1956, provided for cooperation to control pollution from Federal installations. Former provisions of this section which related to utilization of personnel of other agencies and to the promulgation of regulations are now covered by section 1172 of this title.

TRANSFER OF FUNCTIONS

All functions of the Secretary of the Interior and the Department of the Interior administered through the Federal Water Quality Administration, all functions which were transferred to the Secretary of the Interior by Reorg. Plan No. 2 of 1966, and all functions vested in the Secretary of the Interior or the Department of the Interior by the Federal Water Pollution Control Act were transferred to the Administrator of the Environmental Protection Agency by Reorg. Plan No. 3 of 1970, § 2(a) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. - set out in the Appendix to Title 5, Government Organization and Employees.

All functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under the Federal Water Pollution Control Act [this chapter], with certain specified exceptions, were transferred to the Secretary of the Interior and to the Department of the Interior by section 1(a) of 1966 Reorg. Plan No. 2, set out as a note under section 1151 of this title.

PREVENTION, CONTROL, And Abatement at Federal
FACILITIES

Ex. Ord. No. 11507, Feb. 4, 1970, 35 F.R. 2573, set out as a note under section 4331 of Title 42, Public Health and Welfare, provides for the prevention, control, and abatement of water pollution at Federal facilities.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1160 of this title.

§ 1172. Administration.

(a) Rules and regulations.

The Administrator is authorized to prescribe such regulations as are necessary to carry out his functions under this chapter.

(b) Utilization of personnel of other agencies.

The Administrator, with the consent of the head of any other agency of the United States, may utilize

Each recipient of assistance under this chapter shall keep such records as the Administrator shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

(e) Audit and examination of books, documents, etc.

The Administrator and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this chapter. (f) Official recognition by United States to industrial organizations and State political subdivisions for waste treatment and pollution abatement_programs; eligibility; awards; notification of Presi dent, etc., and publication in Federal Register. (1) It is the purpose of this subsection to authorize a program which will provide official recognition by the United States Government to those industrial organizations and political subdivisions of States which during the preceding year demonstrated an outstanding technological achievement of an innovative process, method or device in their waste treatment and pollution abatement programs The Administrator 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 eligible for an award under this subsection if such applicant is not in total compliance with all applicable water quality standards under this chapter, and otherwise does not have a satis factory record with respect to environmental quality

(2) The Administrator shall award a certificate or plaque of suitable design 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 appropriate State, the Speaker of the House of Representatives, and the President pro tempore of the Senate shall be notified of the award by the Administrator, and the awarding of such recognition shall be published in the Federal Regis ter. (June 30, 1948, ch. 758, § 22, formerly § 10, 62 Stat. 1160; July 9, 1956, ch. 518, § 1 70 Stat. 506; July 20, 1961, Pub. L. 87-88, § 1(b), (d), (e), 75 Stat 204; renumbered § 12, and amended Oct. 2, 1965. Pub. L. 89-234, §§ 2(a), 6, 79 Stat. 903, 909; 1966 Reorg. Plan No. 2, eff. May 10, 1966, § 1(a), 31 FR

6857, 80 Stat. 1608; renumbered § 22 and amended Apr. 3, 1970, Pub. L. 91-224, title I, §§ 102, 104, 84 Stat. 91, 110; 1970 Reorg. Plan No. 3, § 2(a) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. ..)

CODIFICATION

"Administrator" was substituted for "Secretary" and "Environmental Protection Agency" was substituted for "Department of the Interior" pursuant to 1970 Reorg. Plan No. 3, set out in the Appendix to Title 5, Government Organization and Employees, which abolished the Federal Water Quality Administration in the Department of the Interior and transferred to the Administrator of the Environmental Protection Agency, all functions of the Secretary of the Interior and the Department of the Interior formerly administered through the Federal Water Quality Administration.

"Department of the Interior" was substituted for "Department of Health, Education, and Welfare" in accordance with the transfer of all functions of the Secretary of Health, Education, and Welfare and of the Department of Health, Education, and Welfare under the Federal Water Pollution Control Act [this chapter], with certain specified exceptions, to the Secretary of the Interior and to the Department of the Interior by section 1(a) of 1966 Reorg. Plan No. 2. See Transfer of Functions note set out below.

AMENDMENTS

1970 Subsec. (f). Pub. L. 91-224, § 104, added subsec. (f).

1965 Subsecs. (d), (e). Pub. L. 89-234 added subsecs. (d) and (e).

1961-Subsec. (a). Pub. L. 87-88, § 1(b), (e), substituted "Secretary" for "Surgeon General", and eliminated provisions which required the Secretary of Health, Education, and Welfare to approve regulations of the Surgeon General and which permitted the Surgeon General to delegate his powers and duties.

Subsec. (b). Pub. L. 87-88, § 1(d), substituted "Secretary" for "Secretary of Health, Education, and Welfare." 1956 Act July 9, 1956, provided for administration, utilization of other personnel, and authorized appropriations to the Department of Health, Education, and Welfare. Former provisiors of this section which defined terms used in this chapter, are now covered by section 1173 of this title.

TRANSFER OF FUNCTIONS

All functions of the Secretary of the Interior and the Department of the Interior administered through the Federal Water Quality Administration, all functions which were transferred to the Secretary of the Interior by Reorg. Plan No. 2 of 1966, and all functions vested in the Secretary of the Interior or the Department of the Interior by the Federal Water Pollution Control Act were tranferred to the Administrator of the Environmental Protection Agency by Reorg. Plan No. 3 of 1970, § 2(a) (1), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. - set out in the Appendix to Title 5, Government Organization and Employees.

§1173. Definitions.

When used in this chapter

(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 "treatment works" means the various devices used in the treatment of sewage or industrial wastes of a liquid nature, including the necessary intercepting sewers, outfall sewers, pumping, power, and other equipment, and their appurtenances, and includes any extensions, improvements, remodeling, additions, and alterations thereof.

(d) The term "State" means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam.

(e) The term "interstate waters" means all rivers, lakes, and other waters that flow across or form a part of State boundaries, including coastal waters. (f) The term "municipality" means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law and having jurisdiction over disposal of sewage, industrial wastes, or other wastes and an Indian tribe or an authorized Indian tribal organization. (June 30, 1948, ch. 758, § 23, formerly § 11, 62 Stat. 1161; July 9, 1956, ch. 518, § 1, 70 Stat. 506; June 25, 1959, Pub. L. 86-70, § 28(b), 73 Stat. 148; July 12, 1960, Pub. L. 86-624, § 23(b), 74 Stat. 418; July 20, 1961, Pub. L. 87-88, § 9, 75 Stat. 210; renumbered § 13, Oct. 2, 1965, Pub. L. 89-234, § 2(a), 79 Stat. 903, and amended Nov. 3, 1966, Pub. L. 89-753, title II, § 209, 80 Stat. 1251; renumbered § 23, Apr. 3, 1970, Pub. L. 91-224, title I, § 102, 84 Stat. 91.)

AMENDMENTS

1966 Subsec. (f). Pub. L. 89-753 inserted words "and an Indian tribe or an authorized Indian tribal organization."

1961-Subsec. (d). Pub. L. 87-88 included Guam. Subsec. (e). Pub. L. 87-88 substituted "flow across or form a part of State boundaries, including coastal waters" for "flow across, or form a part of, boundaries between two or more States."

1960 Subsec. (d). Pub. L. 86-624 eliminated "Hawaii," preceding "Puerto Rico."

1959 Subsec. (d). Pub. L. 86-70 eliminated "Alaska," preceding "Puerto Rico."

1956-Act July 9, 1956, defined terms used in this chapter, which provisions were formerly contained in section 1172 of this title. Former provisions of this section which related to application to other laws are now covered by section 1174 of this title.

EFFECTIVE DATE OF 1960 AMENDMENT Amendment of subsec. (d) of this section by Pub. L. 86-624 effective on Aug. 21, 1959. see section 47(f) of Pub. L. 86-624, set out as a note under section 645 of Title 20, Education.

EFFECTIVE DATE OF 1959 AMENDMENT Amendment of section by Pub. L. 86-70 effective on Jan. 3, 1959, see section 47(d) of Pub. L. 86-70, set out as a note under section 224 of Title 20, Education.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 26 section 48.

§ 1174. Application to other laws.

This chapter 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 sections 407, 408, 409, and 411 to 413 of this title, or (3) affecting

or impairing the provisions of any treaty of the United States. (June 30, 1948, ch. 758. § 24, formerly § 12, as added July 9, 1956, ch. 518, § 1, 70 Stat. 506, renumbered § 14, Oct. 2, 1965, Pub. L. 89-234, § 2 a), 79 Stat. 903, renumbered § 24, and amended Apr. 3, 1970, Pub. L. 91-224, §§ 102, 107, 84 Stat. 91, 113.)

AMENDMENTS

1970 - Pub. L. 91-224, § 107, struck out reference to the Oil Pollution Act, 1924.

TRANSFER OF FUNCTIONS

All functions of Public Health Service, of the Surgeon General of the Public Health Service, and of all other officers and employees of the Public Health Service, and all functions of all agencies of or in the Public Health Service transferred to Secretary of Health Education and Welfare by 1966 Recrg. Plan No. 3. 31 FR. 8855, 80 Stat. 1610, effective June 25, 1966, set out in the Appendix to Title 5, Government Organization and Employees.

§ 1175. Cost estimates, studies and analysis by Administration; reports to Congress.

(a) In order to provide the basis for evaluating programs authorized by this chapter, the development of new programs, and to furnish the Congress with the information necessary for authorization of appropriations for fiscal years beginning after June 30, 1968, the Administrator, in cooperation with State water pollution control agencies and other water pollution control planning agencies, shall make a detailed estimate of the cost of carrying out the provisions of such sections; a comprehensive study of the economic impact on affected units of government of the cost of installation of treatment facilities; and a comprehensive analysis of the national requirements for and the cost of treating municipal, industrial, and other effluent to attain such water quality standards as established pursuant to such sections or applicable State law. The Administrator shall submit such detailed estimate and such comprehensive study of such cost for the five-year period beginning July 1, 1968, to the Congress no later than January 10, 1968, such study to be updated each year thereafter.

(b) The Administrator shall also make a complete investigation and study to determine (1) the need for additional trained State and local personnel to carry out programs assisted pursuant to this chapter and other programs for the same purpose as such sections, and 2 means of 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. June 30, 1948, ch. 758, § 26, formerly § 16, as added Nov. 3, 1966, Pub. L. 89-753, title II, § 210, 80 Stat. 1252, renumbered Apr. 3, 1970, Pub. L. 91-224, title I, § 102, 84 Stat. 91, and amended 1970 Reorg. Plan No. 3. § 2(a)(1), eff. Dec. 2, 1970, 35 FR. 15623, 84 Stat.

CODIFICATION

"Administrator" was substituted for "Secretary" pursuant to 1970 Reorg Plan No. 3. set out in the Appendix to Title 5. Government Organization and Employees, which abolished the Federal Water Quality Administration in the Department of the Interior and transferred to the Administrator of the Environmental Protection Agency all functions of the Secretary of the Interior and the Department of the Interior formerly adminis tered through the Federal Water Quality Administration. TRANSFER OF FUNCTIONS

All functions of the Secretary of the Interior and the Department of the Interior administered through the Federal Water Quality Administration, all functions which were transferred to the Secretary of the Interior by Reorg Plan No. 2 of 1966, and all functions vested in the Secretary of the Interior or the Department of the Interior by the Federal Water Pollution Control Act were transferred to the Administrator of the Environmental Protection Agency by Reorg. Plan No. 3 of 1970, § 2(a) (1), eff. Dec. 2. 1970, 35 FR. 15623. 84 Stat. set out in the Appendix to Title 5, Government Organization and Employees.

All functions of the Secretary of Health, Education, and Welfare and of the Department of Health. Education, and Welfare under the Federal Water Pollution Control Act [this chapter], with certain specified exceptions, were transferred to the Secretary of the Interior and to the Department of the Interior by 1966 Reorg. Plan No. 2, eff May 10, 1966, 31 F.R. 6857, 80 Stat. 1608, set out as a note under section 1151 of this title.

§ 403. Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in. The creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States is prohibited; and it shall not be lawful to build or commence the building of any wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port, roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside established harbor lines, or where no harbor lines have been established, except on plans recommended by the Chief of Engineers and authorized by the Secretary of the Army; and it shall not be lawful to excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor or refuge, or inclosure within the limits of any breakwater, or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of the Army prior to beginning the (Mar. 3, 1899, ch. 425, § 10, 30 Stat. 1151.) CODIFICATION

same.

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641, Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

Section was part of the Rivers and Harbors Appropriation Act of 1899.

CONTINUANCE OF OBSTRUCTIONS

Act Sept. 19, 1890, ch. 907, § 10, 26 Stat. 454, was probably omitted from the Code as superseded by this section

but it was held by the Circuit Court of Appeals in Wishkah Boom Co., Wash. 1905, 136 F. 42, 68 C. C. A. 592 (appeal dismissed [1906] 26 S. Ct. 765, 202 U. S. 613, 50 L. Ed. 1171), that it was not superseded so far as it related to the continuance of obstructions. It provided that:

"The creation of any obstruction, not affirmatively authorized by law, to the navigable capacity of any waters, in respect of which the United States has jurisdiction, is hereby prohibited. The continuance of any such obstruction, except bridges, piers, docks, and wharves, and similar structures erected for business purposes, whether heretofore or hereafter created, shall constitute an offense and each week's continuance of any such obstruction shall be deemed a separate offense. Every person and every corporation which shall be guilty of creating or continuing any such unlawful obstruction in this act mentioned, or who shall violate the provisions of the last four preceding sections of this act, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding five thousand dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, in the discretion of the court, the creating or continuing of any unlawful obstruction in this act mentioned may be prevented and such obstruction may be caused to be removed by the injunction of any circuit court [district court] exercising jurisdiction in any district in which such obstruction may be threatened or may exist; and proper proceedings in equity to this end may be instituted under the direction of the Attorney-General of the United States."

PRIOR LAW

This section and section 9 of act Mar. 3, 1899 (section 401 of this title), superseded provisions of act Sept. 19, 1899, ch. 907, § 7, 26 Stat. 454, as amended by act July 13, 1892, ch. 158, § 3, 27 Stat. 110, which prohibited the erection of obstructions to navigation, and prohibited the erection of bridges over navigable waters under State legislation before the approval of the plans by the Secretary of War, and prohibited the alteration of channels unless authorized by said Secretary.

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Secretary of the Army and other offices and officers of the Department of the Army under section 401 of this title to the extent that they relate generally to the location and clearances of bridges and causeways in the navigable waters of the United States were transferred to and vested in the Secretary of Transportation by Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, which created the Department of Transportation. See section 1655 (g) (6) (A) of Title 49, Transportation.

§ 407. Deposit of refuse in navigable waters generally. It shall not be lawful to throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited either from or out of any ship, barge, or other floating craft of any kind, or from the shore, wharf, manufacturing establishment, or mill of any kind, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state, into any navigable water of the United States, or into any tributary of any navigable water from which the same shall float or be washed into such navigable water; and it shall not be lawful to deposit, or cause, suffer, or procure to be deposited material of any kind in any place on the bank of any navigable water, or on the bank of any tributary of any navigable water, where the same shall be liable to be washed into such navigable water, either by ordinary -or high tides, or by storms or floods, or otherwise, whereby navigation shall or may be impeded or obstructed: Provided, That nothing herein contained

shall extend to, apply to, or prohibit the operations in connection with the improvement of navigable waters or construction of public works, considered necessary and proper by the United States officers supervising such improvement or public work: And provided further, That the Secretary of the Army, whenever in the judgment of the Chief of Engineers anchorage and navigation will not be injured thereby, may permit the deposit of any material above mentioned in navigable waters, within limits to be defined and under conditions to be prescribed by him, provided application is made to him prior to depositing such material; and whenever any permit is so granted the conditions thereof shall be strictly complied with, and any violation thereof shall be unlawful. (Mar. 3, 1899, ch. 425, § 13, 30 Stat. 1152.) CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

PRIOR LAW

This section and sections 408, 411, and 412 of this title, superseded act Aug. 18, 1894, ch. 299, §§ 6, 7, 8, 28 Stat. 363, which prohibited the depositing of refuse in navigable waters for the improvement of which money had been appropriated, and the injury to sea walls and other works built by the Government, and prescribed penalties for violations, including penalties against masters, etc., and vessels.

Section also superseded act Sept. 19, 1890, ch. 907, § 6, 26 Stat. 453, which prohibited obstructing navigation by deposits of refuse, etc., in navigable waters.

TRANSFER OF FUNCTIONS

Ex. ORD. No. 11574. ADMINISTRATION OF PERMIT PROGRAM Ex. Ord. No. 11574, Dec. 23, 1970, 35 F.R. 19627, provided: By virtue of the authority vested in me as President of the United States, and in furtherance of the purposes and policies of section 13 of the Act of March 3, 1899, c. 425, 30 Stat. 1152 (33 U.S.C. 407), the Federal Water Pollution Control Act, as amended (33 U.S.C. 1151 et. (16 U.S.C. 661-66c), and the National Environmental Policy Act, of 1969 (42 U.S.C. 4321-4347), it is hereby ordered as follows:

SECTION 1. Refuse Act permit program. The executive branch of the Federal Government shall implement a permit program under the aforesaid section 13 of the Act of March 3. 1899 (hereinafter referred to as "the Act") to regulate the discharge of pollutants and other refuse matter into the navigable waters of the United States or their tributaries and the placing of such matter upon their banks.

SEC. 2. Responsibilities of Federal agencies. (a) (1) The Secretary shall, after consultation with the Administrator respecting water quality matters, issue and amend, as appropriate, regulations, procedures, and in

structions for receiving, processing, and evaluating applications for permits pursuant to the authority of the Act.

(2) The Secretary shall be responsible for granting. denying, conditioning, revoking, or suspending Refuse Act permits. In so doing:

(A) He shall accept findings, determinations, and interpretations which the Administrator shall make respecting applicable water quality standards and compliance with those standards in particular circumstances, including findings, determinations, and interpretations arising from the Administrator's review of State or interstate agency water quality certifications under section 21(b) of the Federal Water Pollution Control Act (84 Stat. 108) [section 1171(b) of this title]. A permit shall be denied where the certification prescribed by section 21(b) of the Federal Water Pollution Control Act [section 1171(b) of this title] has been denied, or where issuance would be inconsistent with any finding, determination, or interpretation of the Administrator pertaining to applicable water quality standards and considerations.

(B) In addition, he shall consider factors, other than water quality, which are prescribed by or may be lawfully considered under the Act or other pertinent laws.

(3) The Secretary shall consult with the Secretary of the Interior, with the Secretary of Commerce, with the Administrator, and with the head of the agency exercising administration over the wildlife resources of any affected State, regarding effects on fish and wildlife which are not reflected in water quality considerations, where the discharge for which a permit is sought impounds, diverts. deepens the channel, or otherwise controls or similarly modifies the stream or body of water into which the discharge is made.

(4) Where appropriate for a particular permit application, the Secretary shall perform such consultations respecting environmental amenities and values, other than those specifically referred to in paragraphs (2) and (3) above, as may be required by the National Environmental Policy Act of 1969 [section 4321 et seq. of title 42].

(b) The Attorney General shall conduct the legal proceedings necessary to enforce the Act and permits issued pursuant to it.

SEC. 3. Coordination by Council on Environmental Quality. (a) The Council on Environmental Quality shall coordinate the regulations, policies, and procedures of Federal agencies with respect to the Refuse Act permit program.

(b) The Council on Environmental Quality, after consultation with the Secretary. the Administrator, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Agriculture, and the Attorney General, shall from time to time or as directed by the President advise the President respecting the implementation of the Refuse Act permit program, including recommendations regarding any measures which should be taken to improve its administration.

SEC. 4. Definitions. As used in this order, the word "Secretary" means the Secretary of the Army, and the word "Administrator" means the Administrator of the Environmental Protection Agency.

RICHARD NIXON.

§ 407a. Deposit of debris of mines and stamp works. In places where harbor-lines have not been established, and where deposits of debris of mines of stamp works can be made without injury to navigation, within lines to be established by the Secretary of the Army, said officer may, and is authorized to, cause such lines to be established; and within such lines such deposits may be made, under regulations to be from time to time prescribed by him. (Aug. 5, 1886, ch. 929, § 2, 24 Stat. 329.)

CODIFICATION

The Department of War was designated the Depart ment of the Army and the title of the Secretary of War

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A Compilation of Federal Laws Relating to Conservation and Development of ...