Membership. 86 STAT. 1044 86 STAT. 1045 Compensation. 5 USC 5332 note. 80 Stat. 499; Transmittal to Federal agenoy and congression al committees. Report to (d) Any recommendations made by the Commission to the Secretary and other Federal officials shall be responded to by those individuals within one hundred and twenty days after receipt thereof. Any recommendations which are not followed or adopted shall be referred to the Commission together with a detailed explanation of the reasons why those recommendations were not followed or adopted. COMMITTEE OF SCIENTIFIC ADVISORS ON MARINE MAMMALS SEC. 203. (a) The Commission shall establish, within ninety days after its establishment, a Committee of Scientific Advisors on Marine Mammals (hereafter referred to in this title as the "Committee"). Such Committee shall consist of nine scientists knowledgeable in marine ecology and marine mammal affairs appointed by the Chairman after consultation with the Chairman of the Council on Environmental Quality, the Secretary of the Smithsonian Institution, the Director of the National Science Foundation, and the Chairman of the National Academy of Sciences. (b) Except for United States Government employees, members of the Committee shall each be compensated at a rate equal to the daily equivalent of the rate for GS-18 of the General Schedule under section 5332 of title 5, United States Code, for each day such member is engaged in the actual performance of duties vested in the Committee. Each member shall be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. (c) The Commission shall consult with the Committee on all studies and recommendations which it may propose to make or has made, on research programs conducted or proposed to be conducted under the authority of this Act, and on all applications for permits for scientific research. Any recommendations made by the Committee or any of its members which are not adopted by the Commission shall be transmitted by the Commission to the appropriate Federal agency and to the appropriate committees of Congress with a detailed explanation of the Commission's reasons for not accepting such recommendations. COMMISSION REPORTS SEC. 204. The Commission shall transmit to Congress, by January 31 of each year, a report which shall include (1) a description of the activities and accomplishments of the Commission during the immediately preceding year; and (2) all the findings and recommendations made by and to the Commission pursuant to section 202 of this Act together with the responses made to these recommendations. COORDINATION WITH OTHER FEDERAL AGENCIES SEC. 205. The Commission shall have access to all studies and data compiled by Federal agencies regarding marine mammals. With the consent of the appropriate Secretary or Agency head, the Commission may also utilize the facilities or services of any Federal agency and shall take every feasible step to avoid duplication of research and to carry out the purposes of this Act. ADMINISTRATION OF COMMISSION SEC. 206. The Commission, in carrying out its responsibilities under this title, may (1) employ and fix the compensation of such personnel; (3) enter into such contracts or agreements with other organizations, both public and private; (4) procure the services of such experts or consultants or an organization thereof as is authorized under section 3109 of title 5, United States Code (but at rates for individuals not to exceed $100 80 Stat. 416. per diem); and (5) incur such necessary expenses and exercise such other powers, as are consistent with and reasonably required to perform its functions under this title. Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel, and procurement) shall be provided the Commission by the General Services Administration, for which payment shall be made in advance, or by reimbursement from funds of the Commission in such amounts as may be agreed upon by the Chairman and the Administrator of General Services. 86 STAT. 1045 86 STAT. 1046 AUTHORIZATION OF APPROPRIATIONS SEC. 207. There are authorized to be appropriated for the fiscal year in which this title is enacted and for the next four fiscal years thereafter such sums as may be necessary to carry out this title, but the sums appropriated for any such year shall not exceed $1,000,000. Not less than two-thirds of the total amount of the sums appropriated pursuant to this section for any such year shall be expended on research and studies conducted under the authority of section 202 (a) (2) and (3) of this title. Approved October 21, 1972. LEGISLATIVE HISTORY: HOUSE REPORTS: No. 92-707 (Comm. on Merohant Marine and Fisheries) and SENATE REPORT No. 92-863 accompanying S. 2871 (Comm. on Commerce). Vol. 117 (1971): Dec. 6, considered in House. Vol. 118 (1972): Mar. 9, considered and passed House. amended, in lieu of S. 2871. Oct. 10, House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: Vol. 8, No. 44 (1972): Oot. 28, Presidential statement. Public Law 92-523 An Act To amend the Act to authorize appropriations for the fiscal year 1973 for certain maritime programs of the Department of Commerce. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act of August 22, 1972 (86 Stat. 617; Public Law 92-402) is amended by striking out of paragraph (a) thereof the figure $250,000,000 and inserting in lieu thereof the figure $455,000,000. Approved October 21, 1972. 86 STAT. 1046 Commerce Department maritime programs. Appropriation increase. LEGISLATIVE HISTORY: HOUSE REPORT No. 92-1569 (Comm. on Merchant Marine and Fisheries). Oct. 12, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol 8, No. 44: Oct. 28, Presidential statement. 92nd Congress, H. R. 9727 An Act To regulate the transportation for dumping, and the dumping, of material into ocean waters, and for other purposes. 86 STAT. 1052 Marine Protec Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Marine Protection, Research, and Sanctuaries Act of tion, Research, 1972". FINDING, POLICY, AND PURPOSE SEC. 2. (a) Unregulated dumping of material into ocean waters endangers human health, welfare, and amenities, and the marine environment, ecological systems, and economic potentialities. (b) The Congress declares that it is the policy of the United States to regulate the dumping of all types of materials into ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. To this end, it is the purpose of this Act to regulate the transportation of material from the United States for dumping into ocean waters, and the dumping of material, transported from outside the United States, if the dumping occurs in ocean waters over which the United States has jurisdiction or over which it may exercise control, under accepted principles of international law, in order to protect its territory or territorial sea. DEFINITIONS SEC. 3. For the purposes of this Act the term (a) “Administrator" means the Administrator of the Environmental Protection Agency. (b) "Ocean waters" means those waters of the open seas lying seaward of the base line from which the territorial sea is measured, as provided for in the Convention on the Territorial Sea and the Contiguous Zone (15 UST 1606; TIAS 5639). and Sanctuaries Act of 1972. (c) "Material" means matter of any kind or description, including, but not limited to, dredged material, solid waste, incinerator residue, garbage, sewage, sewage sludge, munitions, radiological, chemical, and biological warfare agents, radioactive materials, chemicals, biological and laboratory waste, wreck or discarded equipment, rock, sand, excavation debris, and industrial, municipal, agricultural, and other waste; but such term does not mean oil within the meaning of section 11 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1161) Ante, p. 816. and does not mean sewage from vessels within the meaning of section 13 of such Act (33 U.S.C. 1163). (d) "United States" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Canal Zone, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands. (e) "Person" means any private person or entity, or any officer, employee, agent, department, agency, or instrumentality of the Federal Government, of any State or local unit of government, or of any foreign government. (f) "Dumping" means a disposition of material: Provided, That it does not mean a disposition of any effluent from any outfall structure to the extent that such disposition is regulated under the provisions of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1151– 1175), under the provisions of section 13 of the Rivers and Harbors Act 86 STAT. 1053 30 Stat. 1152. 68 Stat. 921. of 1899, as amended (33 U.S.C. 407), or under the provisions of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2011, et seq.), nor does it mean a routine discharge of effluent incidental to the propulsion of, or operation of motor-driven equipment on, vessels: Provided further, That it does not mean the construction of any fixed structure or artificial island nor the intentional placement of any device in ocean waters or on or in the submerged land beneath such waters, for a purpose other than disposal, when such construction or such placement is otherwise regulated by Federal or State law or occurs pursuant to an authorized Federal or State program: And provided further, That it does not include the deposit of oyster shells. or other materials when such deposit is made for the purpose of developing, maintaining, or harvesting fisheries resources and is otherwise regulated by Federal or State law or occurs pursuant to an authorized Federal or State program. (g) "District court of the United States" includes the District Court of Guam, the District Court of the Virgin Islands, the District Court of Puerto Rico, the District Court of the Canal Zone, and in the case of American Samoa and the Trust Territory of the Pacific Islands, the District Court of the United States for the District of Hawaii, which court shall have jurisdiction over actions arising therein. (h) "Secretary" means the Secretary of the Army. (i) "Dredged material" means any material excavated or dredged from the navigable waters of the United States. (j) "High-level radioactive waste" means the aqueous waste resulting from the operation of the first cycle solvent extraction system, or equivalent, and the concentrated waste from subsequent extraction cycles, or equivalent, in a facility for reprocessing irradiated reactor fuels, or irradiated fuel from nuclear power reactors. (k) "Transport" or "transportation" refers to the carriage and related handling of any material by a vessel, or by any other vehicle. including aircraft. TITLE I-OCEAN DUMPING PROHIBITED ACTS SEC. 101. (a) No person shall transport from the United States any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or except as may be authorized in a permit issued under this title, and subject to regulations issued under section 108 hereof by the Secretary of the Department in which the Coast Guard is operating, any other material for the purpose of dumping it into ocean waters. (b) No person shall dump any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or, except as may be authorized in a permit issued under this title, any other material, transported from any location outside the United States, (1) into the territorial sea of the United States. or (2) into a zone contiguous to the territorial sea of the United States, extending to a line twelve nautical miles seaward from the base line from which the breadth of the territorial sea is measured, to the extent that it may affect the territorial sea or the territory of the United States. (c) No officer, employee, agent, department, agency, or instrumentality of the United States shall transport from any location outside the United States any radiological, chemical, or biological warfare agent or any high-level radioactive waste, or. except as may be authorized in a permit issued under this title, any other material for the |