1961-Subsec. (a). Pub. L. 87-88 substituted "To this end, the Secretary of Health, Education, and Welfare (hereinafter in this chapter called the 'Secretary') shall administer this chapter" for "To this end, the Surgeon General of the Public Health Service shall administer this chapter through the Public Health Service and under the supervision and direction of the Secretary of Health, Education, and Welfare.

1956-Subsec. (a). Act July 9, 1956 redesignated existing provisions as subsec. (a) and, in subsec. (a) as so redesignated, restated the declaration of the policy of Congress as the recognition, preservation, and protection of the primary rights and responsibilities of the States in preventing and controlling water pollution, eliminated provisions which related to technical research to devise and perfect methods of treatment of industrial wastes, and required the Surgeon General to administer the program under the supervision and direction of the Secretary of Health, Education, and Welfare instead of under the supervision and direction of the Federal Security Administrator.

Subsec. (b). Act July 9, 1956, added subsec. (b).

CHANGE OF NAME

All references to the Federal Water Pollution Control Administration in any law, reorganization plan, regulation, map, document, record, or other paper of the United States deemed to refer to the Federal Water Quality Administration, see section 110(a) of Pub. L. 91224, set out as a note under section 1152 of this title. The Federal Water Quality Administration was abolished by 1970 Reorg. Plan No. 3 and all functions vested in the Secretary of the Interior and administered through such Administration were transferred to the Administor of the Environmental Protection Agency. See Transfer of Functions note below.

SHORT TITLE OF 1970 AMENDMENT

Pub. L. 91-224, title I, § 101, Apr. 3, 1970, 84 Stat. 91, provided that: "This title (which enacted sections 1161 to 1170 of this title, amended sections 1152, 1155, 1156, 1158, 1160, 1171, 1172, and 1174 of this title, repealed sections 431 to 437, 466m, and 466n of this title, and enacted provisions set out as notes under this section and section 1152 of this title) may be cited as the 'Water Quality Improvement Act of 1970'."

SHORT TITLE OF 1965 AMENDMENT

Section 8 of Pub. L. 89-234 provided that: "This Act [enacting sections 1152 and 1156 of this title, and former section 6231 of Title 5, amending this section and sections 1157, 1158, 1160, 1171 and 1172 of this title, and former section 2211 of Title 5, and enacting provisions set out as a note under section 1152 of this title) may be cited as the 'Water Quality Act of 1965'."

SHORT TITLE OF 1961 AMENDMENT

Section 11 of Pub. L. 87-88 provided that: "This Act [which generally amended this chapter, and section 390b of Title 43, Public Lands) may be cited as the 'Federal Water Pollution Control Act Amendments of 1961'."

SHORT TITLE OF 1956 AMENDMENT

Section 6 of Act July 9, 1956, provides that: "This Act [which generally amended this chapter] may be cited as the 'Water Pollution Control Act Amendments of 1956'."

SHORT TITLE

Section 27, formerly § 13, of act June 30, 1948, renumbered § 14, July 9, 1956, ch. 518, § 1, 70 Stat. 507; renumbered § 16, Oct. 2, 1965, Pub. L. 89-234, §2(a), 79 Stat. 903; renumbered § 19, Nov. 3, 1966, Pub. L. 89-753, title II, § 210, 80 Stat. 1252; renumbered § 27, Apr. 3, 1970, Pub. L. 91-224, title I, § 102, 84 Stat. 91, provided that: "This Act (this chapter) may be cited as the 'Federal Water Pollution Control Act'."

TITLE OF ACT

Section 2 of act July 9, 1956, which amended generally act June 30, 1948, provided that: "The title of such Act [June 30, 1948] is amended to read 'An Act to provide for water pollution control activities in the Public Health Service of the Department of Health, Education, and Welfare, and for other purposes'."

SEPARABILITY OF PROVISIONS

Section 25, formerly § 12, of act June 30, 1948; renumbered $ 13, act July 9, 1956, ch. 518, § 1, 70 Stat. 507; renumbered § 15, Pub. L. 89-234, §2(a), Oct. 2, 1965, 79 Stat. 903; renumbered § 25, Apr. 3, 1970, Pub. L. 91-224, title I, § 102, 84 Stat. 91, provided that: "If any provision of this Act (this chapter), or the application of any provision of this Act (this chapter), to any person or circumstance, is held invalid, the application of such provision to other persons or circumstances, and the remainder of this Act [this chapter), shall not be affected thereby."

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 Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 637, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

All functions of the Administrator of General Services under this chapter, together with so much of any other function of the Administrator of General Services or of the General Services Administration as is incidental to or necessary for the carrying out of the provisions of this chapter, were transferred to the Federal Security Administrator by 1950 Reorg. Plan No. 16, § 1, eff. May 24, 1950, 15 F.R. 3176, 64 Stat. 1268, and set out in the Appendix to Title 5. Section 2 of such plan vested authority in the Federal Security Administrator to delegate such transferred functions to any other officer, or to any agency or employee, of the Federal Security Agency. For transfer of records, property, pesonnel, and funds, see section 3 of such Plan.

All functions of the Federal Works Agency and of all agencies thereof, together with all functions of the Federal Works Administrator were transferred to the Administrator of General Services by section 103(a) of act June 30, 1949, ch. 288, title 1, 63 Stat. 380. Both the Federal Works Agency and the office of Federal Works Administrator were abolished by section 103 (b) of said act. Section 103 is set out as section 753 of Title 40, Public Buildings, Property, and Works.

ADMINISTRATION OF REFUSE ACT PERMIT PROGRAM Administration of Refuse Act permit program to regulate discharge of pollutants and other refuse matter into navigable waters of United States or their tributaries, see Ex. Ord. No. 11574, Dec. 23, 1970, 35 F.R. 19627, set out as a note under section 407 of this title.

STUDY AND REPORT TO CONGRESS BY SECRETARY OF INTERIOR OF FINANCING WATER POLLUTION PREVENTION, CONTROL, AND ABATEMENT PROGRAMS

Pub. L. 91-224, title I, § 109, April 3, 1970, 84 Stat. 113, directed the Secretary of the Interior to conduct a full and complete investigation and study of the feasibility of all methods of financing the cost of preventing, controlling, and abating water pollution, other than methods authorized by existing law, with results of such investigation and study to be reported to Congress no later than December 31, 1970, together with the recommendations of the Secretary for financing the programs for preventing, controlling, and abating water pollution for the fiscal years beginning after fiscal year 1971, including any necessary legislation.

NATIONAL INDUSTRIAL POLLUTION CONTROL COUNCIL For provisions relating to the establishment of the National Industrial Pollution Control Council, see Ex. Ord. No. 11523, Apr. 9, 1970, 35 F.R. 5993, set out as a note under section 4321 of this title.

REORGANIZATION PLAN NO. 2 OF 1966

Eff. May 10, 1966, 31 F.R. 6857, 80 Stat. 1608 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, February 28, 1966, pursuant to the provisions of the Reorganization Act of 1949, 63 Stat. 203, as amended [see section 901 et seq. of Title 5, Government Organization and Employees).

WATER POLLUTION CONTROL

SECTION 1. TRANSFERS OF FUNCTIONS AND AGENCIES

(a) Except as otherwise provided in this section, all functions of the Secretary of Health, Eudcation, and Welfare and of the Department of Health, Education, and Welfare under the Federal Water Pollution Control Act, as amended, hereinafter referred to as the Act (33 U.S.C. 466 et seq.) (now set out as this chapter), including all functions of other officers, or of employees or agencies, of that Department under the Act, are hereby transferred to the Secretary of the Interior (now transferred to the Administrator of the Environmental Protection Agency].

(b) The Federal Water Pollution Control Administration [now the Environmental Protection Agency) is hereby transferred to the Department of the Interior. [As amended Pub. L. 91-224, title I, § 110(b), Apr. 3, 1970, 84 Stat. 113.]

(c) (1) The Water Pollution Control Advisory Board, together with its functions, is hereby transferred to the Department of the Interior.

(2) The functions of the Secretary of Health, Education, and Welfare (including those of his designee) under section 9 of the act [section 1159 of this title) shall be deemed to be hereby transferred to the Secretary of the

Interior.

(3) The Secretary of Health, Education, and Welfare shall be an additional member of the said Board as provided for by section 9 of the Act (section 1159 of this title) and as modified by this reorganization plan.

(d) (1) The Hearing Boards provided for in sections 10 (c) (4) and 10(f) of the Act [sections 1160(c) (4) and 1160 (f) of this title), including any Boards so provided for which may be in existence on the effective date of this reorganization plan, together with their respective functions, are hereby transferred to the Department of the Interior.

(2) The functions of the Secretary of Health, Education, and Welfare under the said sections 10(c) (4) and 10(f) [sections 1160(c) (4) and 1160(f) of this title] shall be deemed to be hereby transferred to the Secretary of the Interior.

(3) The Secretary of the Interior shall give the Secretary of Health, Education, and Welfare opportunity to select a member of each Hearing Board appointed pursuant to section 10(c) (4) and 10(f) of the Act [sections 1160(c) (4) and 1160(f) of this title) as modified by this reorganization plan.

(e) There are excepted from the transfers effected by subsection (a) of this section (1) the functions of the Secretary of Health, Education, and Welfare and the Assistant Secretary of Health, Education, and Welfare under clause (2) of the second sentence of section 1(b) of the Act [section 1151(b) (2) of this title), and (2) so much of the functions of the Secretary of Health, Education, and Welfare under section 3(b) (2) of the act [section 1153 (b) (2) of this title] as relates to public health aspects.

(f) The functions of the Surgeon General under section 2(k) of the Water Quality Act of 1965 (79 Stat. 905) [set out as a note under section 1152 of this title) are transferred to the Secretary of Health, Education, and Welfare. Within 90 days after this reorganization plan becomes effective, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall present to the President for his approval an interdepartmental

agreement providing in detail for the implementation of the consultations provided for by said section 2(k). Such interdepartmental agreement may be modified from time to time by the two Secretaries with the approval of the President.

(g) The functions of the Secretary of Health, Education, and Welfare under sections 2(b), (c), and (g) of the Water Quality Act of 1965 [set out as a note under section 1152 of this title) are hereby transferred to the Secretary of the Interior: Provided, That the Secretary of the Interior may exercise the authority to provide further periods for the transfer to classified positions in the Federal Water Pollution Control Administration of commissioned officers of the Public Health Service under said section 2(b) only with the concurrence of the Secretary of Health, Education, and Welfare.

(h) The functions of the Secretary of Health, Education, and Welfare under the following provisions of law are hereby transferred to the Secretary of the Interior: (1) Section 702(a) of the Housing and Urban Development Act of 1965 (79 Stat. 490) (section 3102(a) of title 42].

(2) Section 212 of the Appalachian Regional Development Act of 1965 (79 Stat. 16) (see Appendix to Title 40]. (3) Section 106 of the Public Works and Economic Development Act of 1965 (79 Stat. 554) [section 3136 of Title 42].

SEC. 2. ASSISTANT SECRETARY OF THE INTERIOR There shall be in the Department of the Interior one additional Assistant Secretary of the Interior, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall, except as the Secretary of the Interior may direct otherwise, assist the Secretary in the discharge of the functions transferred to him hereunder, who shall perform such other duties as the Secretary shall from time to time prescribe. (As amended Pub. L. 90-83, § 10(c), Sept. 11, 1967, 81 Stat. 224.]

SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS The provisions of sections 2 and 5 of Reorganization Plan No. 3 of 1950 (64 Stat. 1262) shall be applicable to the functions transferred hereunder to the Secretary of the Interior to the same extent as they are applicable to the functions transferred to the Secretary thereunder.

SEC. 4. INCIDENTAL PROVISIONS

(a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds, employed, used, held, available, or to be made available in connection with the functions transferred to the Secretary of the Interior or the Department of the Interior by this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Department of the Interior at such time or times as the Director shall direct.

(b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers referred to in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate.

(c) This reorganization plan shall not impair the transfer rights and benefits of commissioned officers of the Public Health Service provided by section 2 of the Water Quality Act of 1965.

SEC. 5. ABOLITION OF OFFICE

(a) There is hereby abolished that office of Assistant Secretary of Health, Education, and Welfare the incumbent of which is on date of the transmittal of this reorganization plan to the Congress the Assistant Secretary of Health, Education, and Welfare designated by the Secretary of Health, Education, and Welfare under the provisions of section 1(b) of the Act (section 1151(b) of this title].

(b) The Secretary of Health, Education, and Welfare shall make such provisions as he shall deem to be necessary respecting the winding up of any outstanding affairs of the Assistant Secretary whose office is abolished by subsection (a) of this section.

Thirty-five years ago Justice Oliver Wendell Holmes said: "A river is more than an amenity, it is a treasure."

Only recently has the truth of this observation entered the public conscience. For we now recognize that the Nation's rivers, far from being treasured, have been carelessly neglected for too long.

Today we face a harsh reality. Our waters are burdened with blight. We know that every river system in America suffers from some degree of pollution. This menace is growing more serious with every passing day.

We have just begun to take the steps to clean and restore our waters.

The task is immense. The journey will be long. If our new programs are to succeed we must combine our efforts-Federal, State, local, and private-in new and creative partnerships.

The attack against water pollution should be unified and coordinated.

It should be carried forward as an integral part of comprehensive planning for the development of river basins.

But, most importantly, the Government's management structure must be strengthened and reshaped to meet the challenges that lie ahead.

In my February 23 message on the quality of our environment I stated:

we must reorganize the Federal effort. In the past, the Federal antipollution effort has been organizationally separate from water conservation and use programs.

"One agency should assume leadership in our clean water effort.

"That agency should be the Department of the Interior."

The Department of the Interior, for many years, has been concerned with the comprehensive management and development of the Nation's water resources.

It plans, constructs, and operates multiple-purpose water and related land resources projects.

It carries on research and development on the removal of minerals from water.

It administers the Water Resources Research Act. The Secretary of the Interior also serves as Chairman of the Water Resources Council responsible for coordinating river basin planning. Under the Clean Rivers Restoration Act of 1966 and other legislation which I have recently proposed, the Secretary will become the focal point for Federal efforts in this area.

It is wise management to place under his control the related resources and authority now in the Department of Health, Education, and Welfare.

The reorganization plan maintains a proper and effective role for the Department of Health, Education, and Welfare with respect to the health aspects of pollution. At the same time it places in the Department of the Interior all of the necessary tools to move forward the drive to clean America's waters.

The reorganization plan herewith transmitted will transfer to the Secretary of the Interior the functions of the Department of Health, Education, and Welfare under the Federal Water Pollution Control Act except for responsibilities relating to public health for which the Department of Health, Education, and Welfare has special competence. That Department will retain responsibility under section 3(b) of the act for advising on public health questions involved in determinations by Federal agencies of the need for and value of the inclusion of storage for water quality control in Federal reservoirs. The Federal Water Pollution Control Administration would be transferred to the Department of the Interior.

The Secretary of the Interior in administering the act will also be required to consult with the Secretary of Health, Education, and Welfare on public health aspects relating to water pollution. This consultative responsibility is now vested in the Surgeon General by section

2(k) of the Water Quality Act of 1965. The plan transfers that responsibility to the Secretary of Health, Education, and Welfare.

The Water Pollution Control Advisory Board and the hearing boards provided for in the act would be transferred to the Department of the Interior, together with their respective functions. The reorganization plan also makes the Secretary of Health, Education, and Welfare a member of the Advisory Board and gives him the opportunity to select a member of each hearing board.

The reorganization plan would in no way impair the rights and benefits of commissioned officers of the Public Health Service who may transfer to the Water Pollution Control Administration.

The reorganization to be accomplished by the plan transmitted herewith will enable the Federal Government to organize for action against pollution on a river basin basis under the unified leadership of the Secretary of the Interior.

After investigation, I have found and hereby declare that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I have also found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of the reorganizations made thereby, provision for the membership of the Secretary of Health, Education, and Welfare on the Water Pollution Control Advisory Board and for the appointment and compensation of an additional Assistant Secretary of the Interior. The rate of compensation fixed for that officer is that which I have found to prevail in respect of comparable officers in the executive branch of the Government.

The reorganizations provided for in the reorganization plan transmitted herewith will produce significant longrange savings and economies by reason of the efficiencies in organization and in the elimination of duplication of effort it will bring about. It is, however, impracticable to specify or itemize at this time the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations included in the reorganization plan.

I recommend that the Congress allow the accompanying plan to become effective.

LYNDON B. JOHNSON.

EXECUTIVE ORDER No. 10014

Ex. Ord. No. 10014, Nov. 5, 1948, 13 F.R. 6601, formerly set out under this section, which related to the cooperation of Federal and State agencies to prevent pollution of surface and underground waters, was superseded by Ex. Ord. No. 11258, Nov. 17, 1965, 30 F.R. 14483.

EXECUTIVE ORDER No. 11258

Ex. Ord. No. 11258, Nov. 17, 1965, 30 F.R. 14483, formerly set out under this section, which related to prevention, control, and abatement of water pollution by federal activities, was superseded by Ex. Ord. No. 11288, July 2, 1966, 31 F.R. 9261.

EXECUTIVE ORDER NO. 11288

Ex. Ord. No. 11288, July 2, 1966, 31 F.R. 9261, which provided for prevention, control, and abatement of water pollution from federal activities, was superseded by 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.

Ex. ORD. No. 11548. DELEGATION OF PRESIDENTIAL FUNCTIONS Ex. Ord. No. 11548, July 20, 1970, 35 F.R., 11677, provided: By virtue of the authority vested in me by the Federal Water Pollution Control Act (62 Stat. 1155, as amended, 33 U.S.C. 466 et seq.) (see section 1151 et seq. of this title) as amended by the Water Quality Improvement Act of 1970 (Public Law 91-224, approved Apr. 3, 1970) [classified principally to this chapter], hereinafter referred to as the Act, by section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows:

SECTION 1. Delegations to the Secretary of the Interior. There is hereby delegated to the Secretary of the Interior responsibility and authority

(a) to carry out the provisions of subsection (1) (2) of section 5 of the Act (section 1155(1) (2) of this title], relating to the study and investigation of methods to control the release of pesticides into the environment, Including the preparation of a report on such investigation for submission by the President to the Congress;

(b) in consultation with the Secretary of Transportation, to carry out the provisions of subsections (b) (2) and (b) (3) of section 11 of the Act [sections 1161(b) (2) and (b) (3) of this title), relating to the determination of those quantities of oil the discharge of which, at such times, locations, circumstances, and conditions, will be harmful to the public health or welfare of the United States and those which will not be harmful;

(c) to carry out the provisions of subsection (c) (2) (G) of section 11 of the Act (section 1161 (c) (2) (G) of this title), relating to identification of dispersants and other chemicals to be used;

(d) to carry out the provisions of subsection (e) of section 11 of the Act (section 1161(e) of this title], relating to determinations of imminent and substantial threat because of actual or threatened discharge of oil, and relating to securing relief necessary to abate such actual or threatened discharges through court action;

(e) in consultation with the Secretary of Transportation, to carry out the provisions of subsections (1) (1) (C) of section 11 of the Act [section 1161(J) (1) (C) of this title], relating to procedures, methods, and requirements for equipment to prevent discharges of oil from non-transportation-related onshore and offshore facilities;

(f) to carry out the provisions of subsection (a) (1) of section 12 of the Act (section 1162(a) (1) of this title], relating to the designation of hazardous substances, other than oil, which when discharged into or upon the navigable waters of the United States or adjoining shorelines or waters of the contiguous zone, present an imminent and substantial danger to public health or welfare;

(g) in consultation with the Secretary of Transportation, to carry out the provisions of subsection (a) (2) of section 12 of the Act (section 1162(a) (2) of this title] relating to the establishment of recommended methods for the removal of hazardous substances within the meaning of subsection (a) (1) of section 12 of the Act [section 1162(a) (1) of this title].

SEC. 2. Delegations to the Secretary of Transportation. There is hereby delegated to the Secretary of Transportation responsibility and authority

(a) in consultation with the Secretary of the Interior, to carry out the provisions of subsection (1) (1) (C) of section 11 of the Act [section 1161(J) (1) (C) of this title], relating to procedures, methods and requirements for equipment to prevent discharges of oil from vessels and transportation-related onshore and offshore facilities;

(b) to carry out the provisions of subsection (J)(1) (D) of section 11 of the Act [section 1161 (J) (1) (D) of this title), relating to the inspection of vessels carrying cargoes of oil and the inspection of such cargoes;

(c) to administer the revolving fund established pursuant to subsection (k) of section 11 of the Act [section 1161 (k) of this title];

(d) to carry out the provisions of subsection (m) of section 11 of the Act (section 1161 (m) of this title], relating to the boarding and inspection of vessels, the arrest of persons violating the said section 11, and the execution of warrants or other process;

(e) in consultation with the Secretary of the Interior, to carry out the provisions of subsection (g) of section 12 of the Act [section 1162(g) of this title), including the preparation of a report for submission by the President to the Congress.

SEC. 3. Delegations to the Federal Maritime Commission. (a) There is hereby delegated to the Federal Maritime Commission responsibility and authority

(1) to carry out the provisions of subsection (p) (1) of section 11 of the Act (section 1161 (p) (1) of this title], relating to the issuance of regulations governing evidence of financial responsibility for vessels to meet liability to the United States;

(2) to carry out the provisions of subsection (p) (2) of section 11 of the Act (section 1161 (p) (2) of this title], relating to the administration of the said subsection (p):

(b) Without derogating from any action heretofore taken thereunder, the letter of the President to the Chairman of the Federal Maritime Commission dated June 2, 1970 (35 F.R. 8631), is hereby superseded.

SEC. 4. Delegation to the Council on Environmental Quality. (a) There is hereby delegated to the Council on Environmental Quality the responsibility and authority to carry out the provisions of subsection (c) (2) of section 11 of the Act (section 1161(c) (2) of this title), providing for the preparation, publication, revision or amendment of a National Contingency Plan for the removal of oil (hereinafter referred to as the National Contingency Plan).

(b) Without derogating from any action heretofore taken thereunder, the letter of the President to the Chairman of the Council on Environmental Quality dated May 26, 1970 (35 F.R. 8423), is hereby superseded.

SEC. 5. Other delegations. (a) There is hereby delegated to the Secretary of the Interior and to the Secretary of Transportation, respectively, in and for the waters and areas assigned to each in section 306.2 of the National Contingency Plan (35 F.R. 8511) responsibility and authority

(1) to carry out the provisions of subsection (c) (1) of section 11 of the Act [section 1161 (c) (1) of this title], relating to the removal of oil discharged into or upon the navigable waters of the United States, adjoining shorelines, or into or upon the waters of the United States;

(2) to carry out the provisions of subsection (d) of section 11 of the Act (section 1161(d) of this title], relating to the coordination and direction of removal or elimination of the threat of oil discharges, and the removal and destruction of vessels;

(3) to carry out the provisions of subsection (J) (1) (A) of section 11 of the Act [section 1161(J) (1) (A) of this title), relating to methods and procedures for the removal of discharged oil;

(4) to carry out the provisions of subsection (J) (1) (B) of section 11 of the Act [section 1161 (j) (1) (B) of this title], relating to criteria for the development and implementation of local and regional oil removal contingency plans;

(5) to carry out the provisions of subsection (d) of section 12 of the Act (section 1162(d) of this title], relating to the removal of discharged hazardous sub

stances.

(b) The civil penalty authority of section 11(J) (2) of the Act (section 1161 (J) (2) of this title) shall be exercised by the Secretary of the Interior and the Secretary of Transportation for the enforcement of the respective regulations issued by each pursuant to delegations in this order.

SEC. 6. Agency To Receive Notices of Discharges of Oil or Hazardous Substances. The Coast Guard is hereby designated the "appropriate agency" for the purpose of receiving the notice of discharge of oil required by subsection (b) (4) of section 11 of the Act [section 1161 (b) (4) of this title) and for the purpose of receiving the notice of discharge of any hazardous substance required by subsection (c) of section 12 of the Act [section 1162 (c) of this title]. The Commandant of the Coast Guard shall issue regulations implementing this designation.

SEC. 7. Redelegation authority. Secretaries of Departments and heads of agencies are hereby authorized to redelegate within their respective departments or agencies the responsibilities and authority delegated to them by this order, subject to the requirements of 3 U.S.C.

301.

SEC. 8. Regulations. Authority to carry out any of the foregoing responsibilities includes the authority to issue necessary implementing regulations.

SEC. 9. Reorganization Plan No. 3 of 1970. Upon the taking effect of Reorganization Plan No. 3 of 1970 [set out in the Appendix to Title 5], the responsibility and authority conferred upon the Secretary of Interior by this order, including the authority conferred by reason of his designation in the National Contingency Plan, and including the responsibility to consult with other officers, shall vest in the Administrator of the Environmental Protection Agency: Provided, That the Administrator shall thereafter consult with the Secretary of the Interior

"(d) All past service of a transferring officer as a commissioned officer of the Public Health Service shall be considered as civilian service for all purposes under the Civil Service Retirement Act [section 8331 et seq. of Title 5], effective as of the date any such transferring office acquires civil service status as an employee of the Federal Water Pollution Control Administration [now Federal Water Quality Administration]; however, no transferring officer may become entitled to benefits under both the Civil Service Retirement act [section 8331 et seq. of Title 5] and title II of the Social Security Act [section 401 et seq. of Title 42] based on service as such a commissioned officer performed after 1956, but the individual (or his survivors) may irrevocably elect to waive benefit credit for the service under one Act to secure credit under the other.

"(e) A transferring officer on whose behalf a deposit is required to be made by subsection (c) and who, after transfer to a classified position in the Federal Water Pollution Control Administration [now Environmental Protection Agency] under subsection (b), is separated from Federal service or transfers to a position not covered by the Civil Service Retirement Act [section 8331 et seq. of Title 5], shall not be entitled, nor shall his survivors be entitled, to a refund of any amount deposited on his behalf in accordance with this section. In the event he transfers, after transfer under subsection (b), to a position covered by another Government staff retirement system under which credit is allowable for service with respect to which a deposit is required under subsection (c), no credit shall be allowed under the Civil Service Retirement Act [section 8331 et seq. of Title 5] with respect to such service.

"(f) Each transferring officer who prior to January 1, 1957, was insured pursuant to the Federal Employees' Group Life Insurance Act of 1954 [section 8701 et seq. of Title 5], and who subsequently waived such insurance, shall be entitled to become insured under such Act upon his transfer to the Federal Water Pollution Control Administration [now Environmental Protection Agency] regardless of age and insurability.

"(g) Any commissioned officer of the Public Health Service who, pursuant to subsection (b) of this section, is transferred to a position in the Federal Water Pollution ProtecControl Administration [now Environmental

tion Agency] which is subject to the Classification Act of 1949, as amended [chapter 51 and subchapter III of chapter 53 of Title 5], shall receive a salary rate of the General Schedule grade of such position which is nearest to but not less than the sum of (1) basic pay, quarters and subsistence allowances, and, in the case of a medical officer, special pay, to which he was entitled as a commissioned officer of the Public Health Service on the day immediately preceding his transfer, and (2) an amount equal to the equalization factor (as defined in this subsection); but in no event shall the rate so established exceed the maximum rate of such grade. [See section 1(g) of 1966 Reorg. Plan No. 2.] As used in this section, the term 'equalization factor' amount determined by the Secretary to be equal to the sum of (A) 62 per centum of such basic pay and (B) the amount of Federal income tax which the transferring officer, had he remained a commissioned officer, would have been required to pay on such allowances for quarters and subsistence for the taxable year then current if they had not been tax free.

means

an

"(h) A transferring officer who has had one or more years of commissioned service in the Public Health Service immediately prior to his transfer under subsection (b) shall, on the date of such transfer, be credited with thirteen days of sick leave.

"(1) Notwithstanding the provisions of any other law, any commissioned officer of the United States Public Health Service with twenty-five or more years of service who has held the temporary rank of Assistant Surgeon General in the Division of Water Supply and Pollution Control of the United States Public Health Service for three or more years and whose position and duties are affected by this Act see [see short title of 1965 amendment note set out under section 1151 of this title], may, with the approval of the President, voluntarily retire from the United States Public Health Service with the same retirement benefits that would accrue to him if he had