4 
“(h) Every department, agency, and instrumentality of the Federal Govern- 
ment and of the States, and every person applying for a license, permit, or other 
authorization from the United States or from any State to discharge or otherwise 
dispose of any material in an area designated under subsection (a) of this 
section shall establish and maintain such records, make such reports, and pro- 
vide such information as the Secretary may reasonably require to assist him 
in establishing standards under this section and in determining whether such 
department, agency, instrumentality, or person has acted or is acting in com- 
pliance with this section and shall, upon request by the Secretary, permit him 
at reasonable times to have access to and to copy such records. All information 
reported to, or otherwise obtained by, such Secretary or his representative pur- 
suant to this subsection which contains or relates to a trade secret or other 
matter referred to in section 1905 of title 18 of the United States Code shall be 
considered confidential for the purpose of that section, except that such informa- 
tion may be disclosed to other officers or employees concerned with carrying out 
the provisions of this section. 
‘“‘(i) (1) Whoever discharges (including, but not limited to, any spilling, leak- 
ing, pumping, pouring, emitting, emptying, or dumping) any sewage, sludge, 
spoil, or other waste into or upon any waters or submerged lands within the 
jurisdiction of the United States and not within an area designated under sub- 
section (a) of this section shall be subject to a civil penalty of not more than 
$10,000 for each offense. Any such civil penalty may be compromised by the 
Secretary referred to in subsection (k) (1) of this section. 
““(2) Whoever violates any standard established under subsection (c) of this 
section shall be liable to a civil penalty of not more than $10,000 for each such 
violation. In the case of a continuing violation of such a standard, each day of 
violation shall be considered a separate offense for the purposes of this subsection. 
The Secretary of the Interior may assess and may mitigate, remit, or compromise 
any such penalty. In taking any penalty action for violation of a standard, the 
gravity of the violation, and the demonstrated good faith of the person charged 
in attempting to achieve rapid compliance, after notification of a violation, shall 
be considered by the Secretary of the Interior. 
“(j) Upon the designation of waters or submerged lands under subsection (a) 
of this section, all licenses, permits, or authorizations which have been issued 
by any officer or employee of the United States under authority of any other 
provision of law shall be terminated and of no effect to the extent they authorize 
any activity prohibited by subsection (i) of this section. Thereafter no license, 
permit, or authority shall be issued by any officer or employee of the United 
States which would authorize any activity prohibited by subsection (i) of this 
section. 
“(k) (1) The Secretary of the department in which the Coast Guard is oper- 
ating, acting through the Coast Guard, shall enforce subsection (i) (1) of this 
section. 
“(2) The Secretary of the Interior shall enforce subsection (i) (2) of this 
section.” 
[H.R. 18454, H.R. 18592, H.R. 18593, H.R. 18621, H.R. 18641, H.R. 18796, 91st Cong., 
Second Sess.] 
BILLS to amend the Fish and Wildlife Coordination Act to provide additional protec- 
tion to marine and wildlife ecology by providing for the orderly regulation of dumping 
in the costal waters of the United States. 
Be it enacted by the Senate and House of Representatives of the United States 
of America in Congress assembled, That the Fish and Wildlife Coordination Act 
(16 U.S.C. 661 et seq.) is amended by inserting immediately following section 5A 
thereof the following new section: 
“Sec. 5B. (a) The Secretary of the Interior, acting through the United States 
Fish and Wildlife Service, and in consultation with the Chief of Engineers of 
the United States Army, shall establish standards which apply to the deposit or 
discharge into the coastal waters of the United States of all industrial wastes, 
sludge, spoil, and all other materials that might be harmful to the wildlife or 
wildlife resources or to the ecology of these waters. Such standards shall be for 
the purpose of insuring that no damage to the natural environment and ecology 
including but not limited to marine and wildlife ecology of the navigable waters 
