181 
tion and the Federal standard shall not apply. If the Secretary of the Interior 
determines that such State standard is not more stringent than the Federal stand- 
ard, or is not being enforced, then the Federal standard shall apply. 
““(g) 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 more stringent than the comparable Federal standard. 
He shall review all of the standards of each State for this purpose at least once 
_each calendar year. 
“(h) The Secretary is authorized to issue new standards and to amend existing 
standards from time to time as he determines necessary, and such new or amend- 
ed standards shall be considered as initial Standards issued under subsection 
(c) of this section for the purpose of their application to the States under this sec- 
tion. 
*“(i) The Secretary shall conduct a continuing review and evaluation of all 
standards applicable under subsections (c) and (f) of this section to assure the 
continued effectiveness of such standards in preventing damage to the natural 
environment and ecology of the navigable and coastal waters of the United 
States. 
“(j) 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 provide 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 compliance 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 pursuant 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 information may 
be disclosed to other officers or employees concerned with carrying out the 
provisions of this section. 
“(k) The district courts of the United States shall have jurisdiction to restrain 
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 refusal 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 trans- 
acts 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 courts may be punished by such court as a contempt thereof. 
“(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 or not more than 
$10,000 nor less than $5,000 for each violation. In the case of a continuing vio- 
lation, each day of violation shall be considered a separate offense for the 
purpose of thig 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 nor less than 
$5,000 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 
purpose of this section. 
(3) In addition to the penalties above mentioned, any person found guilty 
under subsection (1) or (2) above shall be assessed the costs of any cleaning 
or recovery operation necessary to prevent damage to the natural environment 
or ecology of the area in which such violation occured. 
“(m) Upon the effective date of this section, all licenses, permits, or authori- 
zations which have been issued by any officers, or employee of the United States 
under authority of any other provision of law shall be terminated. 
Mr. Howarp. Also, as in H.R. 17603, some provision for yearly 
- review of whatever State standards apply under section (d) should 
be included. 
