771 



with an operable marine sanitation device certi- 

 fied pursuant to this section. 



(i) Jurisdiction to restrain violations; contempts. 



The district courts of the United States shall have 

 jurisdictions to restrain violations of subsection (g) 



(1) of this section and subsections (h)(1) through 

 (3) of this section. Actions to restrain such viola- 

 tions shall be brought by, and in, the name of the 

 United States. In case of contumacy or refusal to 

 obey a subpena served upon any person under this 

 subsection, the district court of the United States 

 for any district in which such person is found or re- 

 sides 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. 



(j) Penalties. 



Any person who violates subsection (g) (1) of this 

 section or clause d) or (2) of subsection (h) of this 

 section shall be liable to a civil penalty of not more 

 than $5,000 for each violation. Any person who vio- 

 lates clause (4) of subsection (h) of this section or 

 any regulation issued pursuant to this section shall 

 be liable to a civil penalty of not more than $2,000 

 for each violation. Each violation shall be a separate 

 offense. The Secretary of the department in which 

 the Coast Guard is operating may assess and com- 

 promise any such penalty. No penalty shall be as- 

 sessed until the person charged shall have been given 

 notice and an opportunity for a hearing on such 

 charge. In determining the amount of the penalty, 

 or the amount agreed upon in compromise, the grav- 

 ity 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 said Secretary. 



(k) Enforcement authority. 



The provisions of this section shall be enforced 

 by the Secretary of the department in which the 

 Coast Guard is operating and he may utilize by 

 agreement, with or without reimbursement, law en- 

 forcement officers or other personnel and facilities 

 of the Administrator, other Federal agencies, or the 

 States to carry out the provisions of this section. 



(/) Boarding and inspection of vessels; execution of 

 warrants and other process. 

 Anyone authorized by the Secretary of the depart- 

 ment in which the Coast Guard is operating to en- 

 force the provisions of this section may, except as to 

 public vessels, ( 1 ) board and inspect any vessel upon 

 the navigable waters of the United States and 



(2) execute any warrant or other process issued by 

 an officer or court of competent jurisdiction. 



(m) Enforcement in United States possessions. 



In the case of Guam and the Trust Territory of 

 the Pacific Islands, actions arising under this sec- 

 tion may be brought in the district court of Guam, 

 and in the case of the Virgin Islands such actions 

 may be brought in the district court of the Virgin 

 Islands. In the case of American Samoa and the 

 Trust Territory of the Pacific Islands, such actions 



may be brought in the District Court of the United 

 States for the District of Hawaii and such court shall 

 have jurisdiction of such actions. In the case of the 

 Canal Zone, such actions may be brought in the 

 District Court for the District of the Canal Zone. 

 (June 30, 1948, ch. 758, title in, § 312, as added 

 Oct. 18, 1972, Pub. L. 92-500, § 2, 86 Stat. 871.) 



§ 1323. Federal facilities pollution control. 



Each department, agency, or instrumentality of 

 the executive, legislative, and judicial branches of 

 the Federal Government (1) having jurisdiction over 

 any property or facility, or (2> engaged in any activ- 

 ity resulting, or which may result, in the discharge 

 or runoff of pollutants shall comply with Federal, 

 State, interstate, and local requirements respecting 

 control and abatement of pollution to the same ex- 

 tent that any person is subject to such requirements, 

 including the payment of reasonable service charges. 

 The President may exempt any effluent source of any 

 department, agency, or instrumentality in the execu- 

 tive branch from compliance with any such a re- 

 quirement if he determines it to be in the paramount 

 interest of the United States to do so; except that 

 no exemption may be granted from the requirements 

 of section 1316 or 1317 of this title. No such exemp- 

 tions shall be granted due to lack of appropriation 

 unless the President shall have specifically requested 

 such appropriation as a part of the budgetary process 

 and the Congress shall have failed to make available 

 such requested appropriation. Any exemption shall 

 be for a period not in excess of one year, but addi- 

 tional exemptions may be granted for periods of 

 not to exceed one year upon the President's making 

 a new determination. The President shall report each 

 January to the Congress all exemptions from the 

 requirements of this section granted during the pre- 

 ceding calendar year, together with his reason for 

 granting such exemption. (June 30, 1948, ch. 758, title 

 III, § 313, as added Oct. 18, 1972, Pub. L. 92-500, § 2. 

 86 Stat. 875.) 



§ 1324. Clean lakes. 



'a) Each State shall prepare or establish, and 

 submit to the Administrator for his approval — 



(1) an identification and classification accord- 

 ing to eutrophic condition of all publicly owned 

 fresh water lakes in such State; 



(2) procedures, processes, and methods (includ- 

 ing land use requirements i , to control sources of 

 pollution of such lakes; and 



(3) methods and procedures, in conjunction with 

 appropriate Federal agencies, to restore the quality 

 of such lakes. 



(b) The Administrator shall provide financial as- 

 sistance to States in order to carry out methods and 

 procedures approved by him under this section. 



(c) (1) The amount granted to any State for any 

 fiscal year under this section shall not exceed 70 per 

 centum of the funds expended by such State in such 

 year for carrying out approved methods and proce- 

 dures under this section. 



<2) There is authorized to be appropriated $50,- 

 000,000 for the fiscal year ending June 30, 1973; 

 $100,000,000 for the fiscal year 1974; and $150,000,000 



