act or omission of a third party without regard to whether such act or omission was or was not negligent, or of any combination of the foregoing causes.

[p. 6]

(2) The provisions of this subsection shall not apply in any case where liability is established pursuant to the Outer Continental Shelf Lands Act.

(3) Any amount paid in accordance with a judgment of the United States Court of Claims pursuant to this section shall be paid from the funds established pursuant to subsection (k).

SEC. 315. (a)

NATIONAL STUDY COMMISSION

(g) In addition to authority to appoint personnel subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and to pay such personnel in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, the Commission shall have authority to enter into contracts with private or public organizations who shall furnish the Commission with such administrative and technical personnel as may be necessary to carry out the purpose of this section. Personnel furnished by such organizations under this subsection are not, and shall not be considered to be, Federal employees for any purposes, but in the performance of their duties shall be guided by the standards which apply to employees of the legislative branches under rules 41 and 43 of the Senate and House of Representatives, respectively.

[(g)] (h) There is authorized to be appropriated, for use in carrying out this section, not to exceed $15,000,000.

(b) (1) Review of the Administrator's action (A) in promulgating any standard of performance under section 306, (B) in

making any determination pursuant to section 306(b) (1) (C), (C) in promulgating any effluent standard, prohibition, or [treatment] pretreatment standard under section 307, (D) in making any determination as to a State permit program submitted under section 402(b), (E) in approving or promulgating any effluent limitation or other limitation under section 301, 302, or 306, and (F) in issuing or denying any permit under section 402, may be had by any interested person in the Circuit Court of Appeals of the United States for the Federal judicial district in which such person resides or transacts such business upon application by such person. Any such application shall be made within ninety days from the date of such determination, approval, promulgation, issuance or denial, or after such date only if such application is based solely on grounds which arose after such ninetieth day.

*

[p. 7]

America in Congress assembled, That subsection

1.2q(3) CONGRESSIONAL RECORD, VOL. 119(1973): 1.2q(3)(a) June 28: Considered and passed Senate, pp. S 12371 EXTENSION OF WASTEWATER Representatives of the United States of TREATMENT PLANT OPERATORS TRAINING PROGRAM The Senate proceeded to consider the bill (S. 1776) to amend the Federal Water Pollution Control Act, as amended, which had been reported from the Committee on Public Works with an amendment on page 1, after line 8, insert:

SEC. 2. Paragraphs (1), (2), and (3) of subsection (f), and subsections (g) and (i) of section 311 of the Federal Water Pollution Control Act, as amended (86 Stat. 866-868), are amended by striking "(b) (2)" wherever it appears and inserting in lieu thereof “(b) (3)".

SEC. 3. The last sentence of paragraph (2) of subsection (f) of section 311 of the Federal Water Pollution Control Act, as amended (86 Stat. 867), is amended by striking "Secretary" and inserting in lieu thereof "Administrator".

SEC. 4. Section 207 of the Federal Water Pollution Control Act, as amended (86 Stat. 839), is amended by inserting "206 (e)," after "sections".

SEC. 5. Section 509 (b) (1) (C) of the Federal Water Pollution Control Act, as amended (86 Stat. 892), is amended by striking "treatment" and inserting in lieu thereof "pretreatment”. So as to make the bill read:

Be it enacted by the Senate and House of

(u) of section 104 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1151 et seq.), is amended by striking the phrase "fiscal year 1973" where it appears in paragraph numbered (2) thereof, and substituting therefor the phrase "fiscal years 1973

and 1974".

SEC. 2. Paragraphs (1), (2), and (3) of

subsection (f), and subsections (g) and (i) of

section 311 of the Federal Water Pollution Control Act, as amended (86 Stat. 866-868), are amended by striking "(b) (2)" wherever it appears and inserting in lieu thereof "(b) (3)".

SEC. 3. The last sentence of paragraph (2) of subsection (f) of section 311 of the Federal Water Pollution Control Act, as amended (86 Stat. 867), is amended by striking "Secretary" and inserting in lieu thereof "Administrator".

SEC. 4. Section 207 of the Federal Water Pollution Control Act, as amended (86 Stat. 839), is amended by inserting "206 (e)," after "sections".

SEC. 5. Section 509 (b) (1) (C) of the Federal Water Pollution Control Act, as amended (86 Stat. 892), is amended by striking "treatment" and inserting in lieu thereof "pretreatment". The amendment was agreed to. The bill was ordered to be engrossed for a third reading, read the third time, and passed.

[p. S12371]

1.2q(3)(b) Dec. 3: Considered and passed Senate, pp. H 10517

(3) in section 207, by inserting "206 (e)," application has been approved on the basis of after "sections";

given permission to revise and ex- chairman of the subcommittee, the tend his remarks.)

gentleman from Texas (Mr. ROBERTS). (Mr. ROBERTS asked and was given permission to revise and extend his remarks.)

Mr. ROBERTS. I thank our distinguished chairman for yielding.

Mr. BLATNIK. Mr. Speaker, I rise in support of S. 1776, as amended. I commend the distinguished chairman of our Water Resources Subcommittee, the gentleman from Texas (Mr. ROBERTS) for the outstanding Mr. Speaker, on behalf of the Comjob he has done in bringing this bill mittee on Public Works I am pleased to the floor. I wish also to extend my to bring to the floor for consideration appreciation to the ranking minority S. 1776, as reported amending the member of the full committee, the Federal Water Pollution Control Act. gentleman from Ohio (Mr. HARSHA), S. 1776, as amended, combines the and to the ranking minority member provisions of S. 1776 and Senate Joint of the Subcommittee on Water Re-Resolution 158 as they passed the sources, the gentleman from Califor- Senate, and adds a clarifying legisnia (Mr. DON H. CLAUSEN), for lative proposal requested by the Natheir very able assistance and coopera- tional Commission on Water Quality, tion on this bill. established by the Federal Water Pollution Control Act.

[p. H10517]

This is an important and needed bill. When Congress passed the Fed- Section 1 of the bill authorizes a eral Water Pollution Control Act 1-year extension of the pilot operaAmendments in 1972, it authorized tor training program for wastewater reimbursement to those States and treatment plants, set up under section communities which had continued 104(g) (1) of the Federal Water Poltheir treatment plant construction lution Control Act. The program, inprogram but did not receive the full itiated in 1970, was included in the amount of Federal financial assist- Federal Water Pollution Control Act ance to which they were entitled. The Amendments of amount of the authorization, which was based on the best estimate then available of $2 billion, has turned out to be too low. This legislation increases it by $600 million, so that all eligible applicants will be able to get the reimbursement they are entitled to. The deadline for filing reimbursement applications is also extended from October 18 of this year to January 31 of 1974. This will give the States and communities suf- This section also amends section ficient time to get their applications 206 (e) of the Federal Water Polluto the Environmental Protection tion Control Act by increasing from Agency. $2 billion to $2,600 million the authorization for reimbursement of up to 55 percent of project costs for eligible sewage treatment plants on which construction was initiated between June 30, 1966, and July 1, 1972.

I also wish to point out the value of the treatment plant operator training program which the legislation extends for another year. We must have qualified operators if these plants are to operate effectively to clean up our waters.

1972-Public Law 92-500. Unlike all other research, development, or training programs authorized by that act, which continue at least through fiscal year 1974, section 104 (g) (1) was authorized only through fiscal year 1973. The purpose of this legislation is to authorize the program at the same level of funding through fiscal year 1974.

Section 206 provides that such publicly owned treatment works will be I now yield to the distinguished reimbursed for the difference between

the amount they did receive as Fed-be easily approved on the basis of eral financial support and 50 percent available documentation pending final of total cost, provided the project processing of all projects will prewas approved by the appropriate vent undue disruption in community State water pollution control agency plans and also facilitate an orderly and met the requirements of the Wa- cash flow by the U.S. Government. ter Pollution Control Act in effect at I am, as always, deeply appreciathe time the project was initiated. If tive of the splendid leadership of the the project was, in addition, con- chairman of this committee, the genstructed in conformity with a com- tleman from Minnesota (Mr. BLATprehensive metropolitan treatment NIK), the gentleman from Alabama plan, it would receive an additional (Mr. JONES), and the cooperation 5 percent of total cost. given by the ranking minority memWhen the Federal Water Pollution ber of the committee, the gentleman Control Act amendments were passed from Ohio (Mr. HARSHA), and the in 1972, the best estimate was that ranking minority member of the approximately $2 billion was needed Subcommittee on Water Resources, to carry out the reimbursement pro- the gentleman from California (Mr. visions of section 206(a). Since that DON H. CLAUSEN). time the estimate has been refined, and is now $2,600 million. The increase in the authorization will permit full implementation of section 206 (a) and assure that all eligible applicants will in time receive the full amount of reimbursement to which they are entitled.

Mr. DON H. CLAUSEN. Mr. Speaker, I yield myself such time as I may consume.

(Mr. DON H. CLAUSEN asked and was given permission to revise and extend his remarks.)

Mr. DON H. CLAUSEN. Mr. Speaker, I rise in support of S. 1776 as reported by the Committee on Pub

Section 2 of the legislation extends the deadline for filing reimbursement lic Works. This bill addresses cerapplications from October 18, 1973, tain immediate needs of the water to January 31, 1974. This extension is pollution control program and I urge needed to give States and communi- its support. ties adequate time to prepare and file applications after the promulgation of the Environmental Protection Agency's guidelines which just came out this September.

Section 3 authorizes the Administrator of the Environmental Protection Agency to make interim payments to projects for which an application has been approved on the basis of estimates of maximum pro rata entitlement of all applicants under subsections 206 (a) and (d).

The large number of applications for reimbursement will require extensive processing by the Environmental Protection Agency before full payment on each can be made. This section authorizing interim reimbursement of funds to projects which can

I compliment the distinguished chairman of the Water Resources Subcommittee of the Committee on Public Works, my good friend RAY ROBERTS, of Texas, for his leadership in bringing this bill to the floor today as well as for his cogent explanation of the provisions of S. 1776.

Mr. ROBERTS has explained the details of S. 1776, and I shall not be repetitive. There are, however, two provisions in this bill which I believe should be expanded upon. As you remember, last year in the development of the 1972 amendments to the Federal Water Pollution Control Act, the Congress developed legislation providing for reimbursement to those projects on which construction was initiated between June 30, 1966, and