of Federal jurisdiction under this section. The Secretary shall also call such a conference whenever, on the basis of reports, surveys, or studies, he has reason to believe that any pollution referred to in subsection (a) and endangering the health or welfare of persons in a State other than that in which the discharge or discharges originate is occurring[]; [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.] or he finds that substantial economic injury has resulted from the inability to market shellfish or shellfish products in interstate commerce because the marketing thereof has been prohibited by an order or decree of Federal authorities charged with the enforcement of public health standards on the ground that such shellfish or shellfish products constitute a threat to the health and welfare of any person, and he further finds that such conditions are due to pollution as described in subsection (a).

(2) The agencies called to attend such conference may bring such persons as they desire to the conference. Not less than three weeks' prior notice of the conference date shall be given to such agencies.

(3) Following this conference, the Secretary shall prepare and forward to all the water pollution control agencies attending the conference a summary of conference discussions including (A) occurrence of pollution of interstate and navigable waters subject to abatement under this Act; (B) adequacy of measures taken toward abatement of the pollution; and (C) nature of delays, if any, being encountered in abating the pollution.

[(d)] (e) If the Secretary believes, upon the conclusion of the conference or thereafter, that effective progress toward abatement of such pollution is not being made and that the health or welfare of any persons is being endangered, he shall recommend to the appropriate State water pollution control agency that it take necessary remedial action. The Secretary shall allow at least six months from the date he makes such recommendations for the taking of such recommended action.

[(e)] (f) If, at the conclusion of the period so allowed, such remedial action has not been taken or action which in the judgment of the Secretary is reasonably calculated to secure abatement of such pollution has not been taken, the Secretary shall call a public hearing, to be held in or near one or more of the places where the discharge or discharges causing or contributing to such pollution originated, before a Hearing Board of five or more persons appointed by the Secretary. Each State in which any discharge causing or contributing to such pollution originates and each State claiming to be adversely affected by such pollution shall be given an opportunity to select one member of the Hearing Board and at least one member shall be a representative of the Department of Commerce, and not less than a majority of the Hearing Board shall be persons other than officers or employees of the Department of Health, Education, and Welfare. At least three weeks' prior notice of such hearing shall be given to the State water pollution control agencies and interstate agencies, if any, called to attend the aforesaid hearing and the alleged polluter or polluters. On the basis of the evidence presented at such hearing, the Hearing Board shall make findings as to whether pollution referred to in subsection (a) is occurring and whether effective progress toward abatement thereof is being made. If the Hearing Board finds such pollution is occurring and effective progress toward abatement thereof is not being made it shall make recommendations to the Secretary concerning the measures, if any, which it finds to be reasonable and equitable to secure abatement of such pollution. The Secretary shall send such findings and recommendations to the person or persons discharging any matter causing or contributing to such pollution, together with a notice specifying a reasonable time (not less than six months) to secure abatement of such pollution, and shall also send such findings and recommendations and such notice to the State water pollution control agency and to the interstate agency, if any, of the State or States where such discharge or discharges originate.

[(f)] (g) If action reasonably calculated to secure abatement of the pollution within the time specified in the notice following the public hearing is not taken, the Secretary

(1) in the case of pollution of waters which is endangering the health or welfare of persons in a State other than that in which the discharge or discharges (causing or contributing to such pollution) originate, may request the Attorney General to bring a suit on behalf of the United States to secure abatement of pollution, and

(2) in the case of pollution of waters which is endangering the health or welfare of persons only in the State in which the discharge or discharges (causing or contributing to such pollution) originate, may, with the written consent of the Governor of such State, request the Attorney General to bring a suit on behalf of the United States to secure abatement of the pollution. [(g)] (h) 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 recommendations and shall receive such further evidence as the court in its discretion deems proper. The court, giving due consideration to the practicability of complying with such standards as may be applicable and to the physical and economic feasibility of securing abatement of any pollution proved, shall have jurisdiction to enter such judgment, and orders enforcing such judgment, as the public interest and the equities of the case may require.

[(h)] (i) Members of any Hearing Board appointed pursuant to [subsection (e)] subsection (f) who are not regular full-time officers or employees of the United States shall, while participating in the hearing conducted by such Board or otherwise engaged on the work of such Board, 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.

[(i)] (j) As used in this section the term

(1) "person" includes an individual, corporation, partnership, association, State, municipality, and political subdivision of a State, and

(2) "municipality” means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law.

COOPERATION TO CONTROL POLLUTION FROM FEDERAL INSTALLATIONS

[SEC. 9.] Sec. 11. 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 of controlling the pollution of such waters. In his summary of any conference pursuant to [section 8 (c)(3)] section 10 (d)(3) of this Act, the Secretary shall include references to any discharges allegedly contributing to pollution from any Federal property. Notice of any hearing pursuant to [section 8(e)] section 10(f) involving any pollution alleged to be effected by any such discharges shall also be given to the Federal agency having jurisdiction over the property involved and the findings and recommendations of the Hearing Board conducting such hearing shall also include references to any such discharges which are contributing to the pollution found by such Hearing Board.

ADMINISTRATION

[SEC. 10.] Sec. 12. (a) The Secretary is authorized to prescribe such regulations as are necessary to carry out his functions under this Act.

(b) The Secretary, 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 necessary 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 carry out its functions under this Act.

(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 of 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.

DEFINITIONS

[SEC. 11.] Sec. 13. 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 "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.

(g) The term “standards of water quality" means the one or more bacteriological, physical and/or chemical specifications descriptive of the limiting allowable conditions of water consistent with the requirements of paragraph (4) of subsection (c) of Section 10 of this Act, or of the corresponding requirements of the State, or of the Interstate agency having jurisdiction over such interstate waters.

(h) The term “pollution” means a condition of the water which endangers the health or welfare of any persons, and which contravenes standards of water quality assigned by appropriate authority.

(i) The term "interstate pollution" means pollution of water within one State resulting from action within another State.

OTHER AUTHORITY NOT AFFECTED

[SEC. 12.] Sec. 14. 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 imparing 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. 13.] Sec. 15. If any provisions of this Act, or the application of any provision of this Act to any person or circumstance, 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. 14.] Sec. 16. This Act may be cited as the "Federal Water Pollution Control Act".

Senator MUSKIE. I think, Mr. Clapper, it is about time we heard from you.

Mr. Louis Clapper of the National Wildlife Federation, who will present, I take it, a somewhat different type of presentation.

STATEMENT OF LOUIS S. CLAPPER, CHIEF OF CONSERVATION EDUCATION, NATIONAL WILDLIFE FEDERATION

Mr. CLAPPER. Somewhat, sir; yes.

Thank you.

I am Louis S. Clapper, chief of conservation education for the National Wildlife Federation. The National Wildlife Federation is a private conservation organization which seeks to attain conservation goals through educational means. Our organization has affiliates in 49 States. These affiliates are composed of individuals who, when combined with associate members and other supporters of the National Wildlife Federation, number an estimated 2 million persons.

Mr. Chairman, I appreciate the invitation to appear here today and to express support of the principles expressed in S. 4, the Water Quality Act of 1965. The Wildlife Management Institute has asked to be associated with these remarks, and I feel confident that they will meet the general approval of many other conservation organizations such as the Izaak Walton League of America, the Sport Fishing Institute, and the National Audubon Society. At least some of these groups may submit statements for the record of this hearing.

The prevention and abatement of water pollution has been a primary objective of the National Wildlife Federation since its inception 29 years ago, and this is true of most groups interested in public outdoor recreation. Polluted water holds little attraction for hunters or fishermen or swimmers or water skiers or boaters, or even picnickers and hikers. In the case of our own organization, we have made water pollution control the theme of this year's National Wildlife Week observance for the second time. We are distributing thousands of kits to schools and other groups, and our honorary national chairman, Mr. Walt Disney, has produced a short film on the subject which we are distributing to all U.S. television stations. Readers of our magazine, National Wildlife, which now goes to 165,000 associate members, last year listed water pollution as the principal natural resource problem in the country. I mention these things only to highlight the gravity with which conservationists view this situation.

I might insert here, Mr. Chairman, the fact that we provided each member of the subcommittee with these Wildlife Week kits for your perusal to see the type of literature that we are distributing.

The Conference of State Sanitary Engineers reported that, as of January 1, 1964, there were 5,672 communities serving 35,800,000 people which had no or inadequate sewage treatment facilities. This is a slight reduction in the number of communities from the previous year, but there was no decrease in the number of improperly served people. Nobody, to the best of our knowledge, knows the full extent of pollution from industrial sources, but this phase of the problem probably is at least equally as great as the municipal phase.

In line with this concern, Mr. Chairman, we were heartened at the strong references to water pollution control made by the President in his state of the Union message. We are hopeful that the subcommittee, the full committee, and the Senate can act speedily on S. 4. We believe it is vital to control of the situation.

We are in accord with section 1, which sets out the policy of the Federal Water Pollution Control Act as one of enhancing the quality of water and preventing and controlling pollution.

We favor the establishment of a new Water Pollution Control Administration, outside the Public Health Service, believing this is necessary to give the program the emphasis and direction it merits. We were encouraged in November to learn that the Water Pollution Control Advisory Board had reiterated a previous stand favoring an Administration. In fact, we are hopeful that the whole program can be placed in the new Administration by congressional mandate.

Most certainly, the separation of storm and sanitary sewers would be highly desirable. This, of course, poses a technical problem of great difficulty. We believe demonstration grants, as provided in section 3, are well justified.

Our organization favors section 4, increasing individual and joint project grants. I might add, however, that we also are hopeful that the Congress later will see fit to increase the total construction grants ceiling, possibly to $200 million annually. We understand the backlog of construction is estimated at $1.9 billion, not considering demands from pollution growth or obsolescence. Therefore, it is necessary to spend $700 million annually for the next 6 years to work off the backlog and meet demands. To reach this goal of $700 million, we believe that grants of $200 million are needed.

Strong administration of the act is vital to making the standards section, or section 5, work on a proper fashion. Frankly speaking, conservationists have had some unhappy experiences with stream classification. All too often in the past this technique was used to freeze or downgrade water quality. While we understand the establishment of standards does not constitute formal classification, it tends to have this effect. We, therefore, strongly urge the subcommittee to stress its expectation that the standards will be used as a vehicle to upgrade water quality, ideally to prevent water pollution. It should not, and must not, be a means to legalize water pollution, or, you might say, to set a low level of tolerance.

We do not expect a single set of standards or criteria to be applicable nationwide. We recognize a need for watershed-by-watershed evaluation, with the key objective as water quality improvement or enhancement. Standards should be upgraded continually as new techniques are discovered and applied. If the standards provisions are enacted, every effort must be made to insure a vigorous, independent administration.

Our position on enforcement is well known. We would prefer that enforcement action was not necessary. We do, however, advocate strong enforcement actions, even though unpleasant-and sometimes violent-reactions result from those proceeded against. Vigorous, uniform, and impartial enforcement of strong laws is the keystone to successful water pollution control. When the States cannot, or will not, perform this function, then it becomes a necessary function of the Federal Government.

We favor the extension of Federal jurisdiction for enforcement into situations when the Secretary finds that substantial economic injury is resulting from the inability to market shellfish or shellfish products in interstate commerce as a result of the pollution of interstate or navigable waters.

In conclusion, we should like to make a brief observation about the detergent section which was deleted from the previous proposal.