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conducted by such Hearing Board or otherwise engaged on the work of such Hearing Board, shall be entitled to receive compensation at a rate fixed by the Secretary, but not exceeding $100 per diem, including travel time, and while away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law, (5 U.S.C. 73b-2) for persons in the Government service employed intermittently. Notice of such hearing shall be published in the Federal Register and given to the State water pollution control agencies, interstate agencies and municipalities involved at least 30 days prior to the date of such hearing. On the basis of the evidence presented at such hearing, the Hearing Board shall make findings as to whether the standards published or promulgated by the Secretary should be approved or modified and transmit its findings to the Secretary. If the Hearing Board approves the standards as published or promulgated by the Secretary, the standards shall take effect on receipt by the Secretary of the Hearing Board's recommendations. If the Hearing Board recommends modifications in the standards as published or promulgated by the Secretary, the Secretary shall promulgate revised regulations setting forth standards of water quality in accordance with the Hearing Board's recommendations which will become effective immediately upon promulgation.

60 Stat. 808; 340.

75 Stat. 339,

Publication

in Federal Register.

Water stand

"(5) The discharge of matter into such interstate ards violations. waters or portions thereof, which reduces the quality of such waters below the water quality standards established under this subsection (whether the matter causing or contributing to such reduction is discharged directly into such waters or reaches such waters after discharge into tributaries of such waters), is subject to abatement in accordance with the provisions of paragraph (1) or (2) of subsection (g) of this section, except that at least 180 days before any abatement action is initiated under either paragraph (1) or (2) of subsection (g) as authorized by this subsection, the Secretary shall notify the violators and other interested parties of the violation of such standards. In any suit brought under the provisions of this subsection the court shall receive in evidence a transcript of the proceedings of the conference and hearing provided for in this subsection, together with the recommendations of the conference and Hearing Board and the recommendations and standards promulgated by the Secretary, and such additional evidence, including that relating to the alleged violation of the standards, as it deems necessary to a complete review of the standards and to a determination of all other issues relating to the alleged violation. The court, giving due consideration to the practicability and to the physical and economic feasibility of complying with such standards, shall have jurisdiction to

75 Stat. 208; Ante, p. 907. 33 USC 466g.

70 Stat. 506. 33 USC 4661.

Audit of Books, etc., 79 Stat. 910.

75 Stat. 206. 33 USC 466d.

33 USC 466e.

33 USC 466g.

enter such judgment and orders enforcing such judgment as the public interest and the equities of the case may require.

"(6) Nothing in this subsection shall (A) prevent the application of this section to any case to which subsection (a) of this section would otherwise be applicable, or (B) extend Federal jurisdiction over water not otherwise authorized by this Act.

"(7) In connection with any hearings under this section no witness or any other person shall be required to divulge trade secrets or secret processes."

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(b) Paragraph (1) of subsection (d) of the section of the Federal Water Pollution Control Act herein redesignated as section 10 is amended by striking out the final period after the third sentence of such subsection and inserting the following in lieu thereof: "; or he finds that substantial economic injury results from the inability to market shellfish or shellfish products in interstate commerce because of pollution referred to in subsection (a) and action of Federal, State, or local authorities."

SEC. 6. The section of the Federal Water Pollution Control Act hereinbefore redesignated as section 12 is amended by adding at the end thereof the following new subsections:

"(d) Each recipient of assistance under this Act shall keep such records as the Secretary 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) The Secretary of Health, Education, and Welfare 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 Act."

SEC. 7. (a) Section 7 (f) (6) of the Federal Water Pollution Control Act, as that section is redesignated by this Act, is amended by striking out "section 6(b) (4)." as contained therein and inserting in lieu thereof "section 8(b) (4).".

(b) Section 8 of the Federal Water Pollution Control Act, as that section is redesignated by this Act, is amended by striking out "section 5" as contained therein and inserting in lieu thereof "section 7".

(c) Section 10(b) of the Federal Water Pollution Control Act, as that section is redesignated by this Act, is amended by striking out "subsection (g)" and inserting in lieu thereof "subsection (h)".

(d) Section 10(i) of the Federal Water Pollution Control Act, as that section is redesignated by this Act, is amended by striking out "subsection (e)" and inserting in lieu thereof "subsection (f)".

33 USC 466h.

(e) Section 11 of the Federal Water Pollution Control 75 Stat. 210. Act, as that section is redesignated by this Act, is amended by striking out "section 8(c) (3)" and inserting in lieu thereof "section 10 (d) (3)" and by striking out "section 8(e)" and inserting in lieu thereof "section 10(f)”.

SEC. 8. This Act may be cited as the "Water Quality Short title. Act of 1965".

Approved October 2, 1965.

LEGISLATIVE HISTORY

House reports: No. 215 (Committee on Public Works) and No. 1022 (Committee of Conference).

Senate report No. 10 (Committee on Public Works).

Congressional Record, volume 111 (1965):

January 28: Considered and passed Senate.

April 28: Considered, and passed House, amended.

September 21: House and Senate agreed to conference report.

Public Law 87-88

87th Congress, H.R. 6441

July 20, 1961

AN ACT To amend the Federal Water Pollution Control Act to provide for a more effective program of water pollution control, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the last sentence of section 1(a) of the Federal Water Pollution Control Act (33 U.S.C. 466 (a)) is amended to read as follows: "To this end, the Secretary of Health, Education, and Welfare (hereinafter in this Act called the 'Secretary') shall administer this Act."

Federal Water
Control Act
Amendments
70 Stat. 498.

Pollution

of 1961.

466g. 4661.

(b) Sections 2, 3, 4, 5, 6, 7, and 8(c) (3), and the first 33 USC 466asentence of section 10(a), of such Act are each amended by striking out "Surgeon General" and "Surgeon General's" wherever they appear therein and inserting in lieu thereof "Secretary" and "Secretary's", respectively.

(c) Sections 4(a) and 7(c) of such Act are each amended by striking out "Public Health Service" and inserting in lieu thereof "Department of Health, Education, and Welfare".

(d) Sections 7(a) (2) (B) and 10(b) of such Act are each amended by striking out "Secretary of Health, Education, and Welfare" and inserting in lieu thereof "Secretary".

(e) Section 10(a) of such Act is amended by striking out the second and third sentences thereof.

SEC. 2. Section 2 of the Federal Water Pollution Control Act is amended by inserting "(a)" after "SEC. 2." and by inserting at the end of such section the following:

control.

"(b) (1) In the survey or planning of any reservoir by Water quality the Corps of Engineers, Bureau of Reclamation, or other Federal agency, consideration shall be given to inclusion of storage for regulation of streamflow for the purpose of water quality control, except that any such storage and water releases shall not be provided as a substitute for adequate treatment or other methods of controlling waste at the source.

"(2) The need for and the value of storage for this Storage. purpose shall be determined by these agencies, with the advise of the Secretary, and his views on these matters shall be set forth in any report or presentation to the Con

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