maintain the chemical, physical, and biological 
integrity of the Nation’s waters.” 
Implementation of the Federal Water Pollution 
Control Act has been plagued with numerous 
problems for Federal, State, and local administrators, 
the courts, and the Congress.?"?* Among the prob- 
lems encountered were restrictions on funds avail- 
able (50 percent of the originally authorized monies 
were impounded during the fiscal years 1973, 1974, 
and 1975), difficulties over the allocation of funds to 
the States, problems of individual States and munici- 
pal authorities in establishing charges for waste treat- 
ment, and debates that arose with relation to the 
application of FWPCA where States were discharg- 
ing partially treated sewage directly into ocean 
waters. The rationale for coastal cities to use ocean 
outfalls was that the bases for treatment and prac- 
tices were developed relative to the protection of 
inland waste waters and that ocean waters had dif- 
ferent absorption characteristics.?° 
The Clean Water Act of 1977. This Act amended 
FWPCA of 1972. It extended the deadlines for 
achieving best practical and best available treat- 
ment technology. The deadline for control of dis- 
charges of toxic substances into waterways was ex- 
tended to 1984. It provided for increased funding 
of construction grants for sewage treatment plants. 
The Act amended Section 404 permitting procedures 
and exempted Federally funded and constructed 
projects in navigable waters. The pollution control 
zone of contiguous waters was extended to 200 miles 
under prescribed circumstances. 
Oil Pollution Act of 1961—33 U.S.C. 100i- 
1015. This act provided for regulation of vessel dis- 
charge of oil or oily mixtures. It also established 
construction standards for tankers and provided en- 
forcement authority and penalties for violations. 
Authority was vested with the Secretary of Trans- 
portation. 
Estuarine Areas Act—16 U.S.C. 1221-26. This 
Act was intended to provide a means for considering 
the need to protect, conserve, and restore estuaries 
while maintaining a balance between protection and 
development. It directed the Secretary of the Interior 
to make an estuarine study and inventory. 
National Environmental Policy Act (NEPA )— 42 
U.S.C. 4321-4347. NEPA is a general purpose en- 
vironmental statute which requires that environ- 
mental impacts be assessed and considered for all 
Federal activities that “significantly affect the quality 
of the human environment.” It is probably the most 
*7 U.S. Congress, op. cit. note 25. 
* U.S. Comptroller General. Implementing the National Water 
Pollution Control Permit Program: Progress and Problems. 
ae D.C., General Accounting Office, 1976, 187 pp. 
” Ibid., p. 6. 
litigated environmental statute enacted thus far.%° 
With its requirements for environmental impact 
statements for major Federal actions significantly 
affecting the environment, the clear intent of NEPA 
is to force the involved agency to assess impacts of 
its actions before committing itself to them. Through 
the EIS process, NEPA also allows for other agency 
and general public input to decision making, because 
the EIS is one of the documents used by the decision 
maker. 
The Marine Protection, Research, and Sanctuaries 
Act of 1972 (Public Law 92—532)—33 U.S.C. 1401 
et seq. This statute is popularly known as the Ocean 
Dumping Act. Title I provides for EPA regulation of 
dumping activities, Title II for initiating a compre- 
hensive research program by the Secretary of Com- 
merce in coordination with the Administrator of the 
Environmental Protection Agency and the Secretary 
of the department in which the Coast Guard is op- 
erating, and Title III for designation of marine sanc- 
tuaries by the Secretary of Commerce. (For a de- 
tailed discussion see section on Ocean Dumping 
which follows.) 
The Coastal Zone Management Act—16 U.S.C. 
1451-1464. This Act is aimed at ensuring effective 
management, beneficial use, protection, and develop- 
ment of the coastal zone. It gives authority to the 
Secretary of Commerce to provide planning and ad- 
ministrative grants to encourage State and local gov- 
ernments to establish coastal management programs. 
(For a detailed discussion see Chapter TV.) 
Ports and Waterways Safety Act of 1972 (Public 
Law 92-340)—33 U.S.C. 1221-1227. The Act, in 
order to prevent the damage or destruction of vessels 
or structures.on or in the navigable waters of the 
United States or area immediately adjacent to those 
waters, and to protect these waters and resources 
therein from environmental harm resulting from 
vessel or structure damage, destruction, or loss, 
authorized the USCG to establish vessel traffic 
services applicable to all vessels, in order to prevent 
damage or destruction of vessels or structures on or 
in navigable waters. The emphasis is placed on potts, 
harbors, or other waters that are subject to con- 
gested vessel traffic or are determined to be espe- 
cially hazardous. Regarding vessels carrying certain 
cargoes in bulk, Title I] authorizes regulations con- 
cerning vessel design, construction, and equipment 
for prevention and mitigation of damage to the 
marine environment. 
Intervention on the High Seas Act (Public Law 
93-248 )—33 U.S.C. 1371-87 (Supp. IV 1974). This 
Act authorizes the Coast Guard (on the high seas) to 
.prevent, mitigate, or eliminate harmful effects of an 
a Environmental Law Institute. The Evolution of National 
Wildlife Law. Prepared for the Council on Environmental Qual- 
ity. Washington, D.C., 1977, 485 pp. 
VI-10 
