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tion Act (16 U.S.C. 661 et seg.) 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, shall designate those portions of the navigable 
waters of the United States and those portions of the waters above the Outer 
Continental Shelf as defined in the Outer Continental Shelf Lands Act, and 
those portions of the submerged lands beneath the navigable waters and be- 
neath the waters above the Outer Continental Shelf into and onto which he deter- 
mines sewage, sludge, spoil, or other waste can be safely discharged. In making 
such designation he shall consider all ecological and environmental factors, in- 
cluding, but not limited to, the effect of such discharging on the marine and 
wildlife ecology. 
“(b) No designation shall be made by the Secretary of the Interior under 
authority of subsection (a) of this section for the two-year period beginning on 
the date of enactment of this section. During such two-year period the Secre- 
tary of the Interior, in cooperation with the Secretary of the Army acting 
through the Chief of Engineers, shall make a full and complete investigation 
and study of potential water and submerged lands areas for designation and 
shall identify those areas most suitable for such designation. 
“(e) As soon as practicable after the designation of an area under subsec- 
tion (a) of this section, the Secretary of the Interior shall establish standards 
which shall be applicable to the discharge of material within such designated 
area. Such standards shall be for the purpose of insuring that no damage to, 
or loss of, any wildlife or wildlife resources or pollution of the navigable waters 
of the United States will result from any such activity. Such standards shall 
be applicable to all of the departments, agencies, and instrumentalities of the 
Federal Government, and, except as otherwise provided in this section, in the 
case of a designated area containing any submerged lands within the jurisdic- 
tion of the States, to the States and their agencies, including any person having 
any license, permit, or other authorization from such State or agency for any 
such activity with respect to any of such submerged lands. 
“(d) If a State establishes within one year after the date that a Federal 
standard is established under subsection (c) of this section its own standard 
with respect to the activity covered by such Federal standard, such standard 
shall be applicable to such activity within the jurisdiction of such State if 
within such one-year period the Secretary, after public hearing, determines that 
such State standard is equal to or more stringent than the Federal standard es- 
tablished under this section with respect to such activity and that there are ade- 
quate procedures for the State to enforce such standard, then such State stand- 
ard shall apply to such activity within the State’s jurisdiction, and the Federal 
standard shall not apply. If he determines that such State standard is not as 
stringent as the Federal standard, then the Federal standard shall apply to such 
activity in such State. 
“(e) Whenever a’ State’s standard is applicable within the jurisdiction of that 
State it shall continue to be applicable until the Secretary, after public hearing, 
determines that it is not as stringent as the comparable Federal standard. He 
shall review all of the standards of each State for this purpose at least once 
leach calendar year. 
“(f) The Secretary is authorized to issue new standards and to amend exist- 
‘ing standards from time to time as he determines necessary, and such new or 
amended standards shall be considered as initial standards issued under sub- 
section (c) of this section for the purpose of their application to the States under 
this section. ; 
“(g) The district courts of the United States shall have jurisdiction to re- 
Strain violations of this section. Actions to restrain such violations shall be 
brought by, and in, the name of the United States. In case of contumacy or re- 
fusal to obey a subpena upon any person under this subsection, the district court 
of the United States for any district in which such person is found or resides 
or transacts business, upon application by the United States and after notice to 
such person, shall have jurisdiction to issue an order requiring such person to 
appear and give testimony or to appear and produce documents, and any failure 
to obey such order of the court may be punished by such court as a contempt 
thereof. 
