"(b) No person may apply for a permit under this title in relation to the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex unless that person is an eligible authority.

"(c) The Administrator may not issue, or renew, any permit under this title that authorizes the dumping of, or the transportation for purposes of dumping, municipal sludge within the Apex after the earlier of—

"(1) the last day of the eighteen-month period beginning on the date of the enactment of this section; or

"(2) the day determined by the Administrator to be the first day on which municipal sludge generated by eligible authorities can reasonably be dumped at a site designated under section 102 other than a site within the Apex. "(d)(1) Within three years after the date of the enactment of this section, the Administrator shall prepare and submit to the Congress a New York Bight Apex Restoration Plan. In preparing the plan, the Administrator shall hold public hearings in order to obtain the views and comments of interested persons.

"(2) The New York Bight Apex Restoration Plan required to be prepared under paragraph (1) shall

"(A) identify and assess the impact of pollutant inputs, such as treated and untreated sewage discharge, industrial outfalls, agricultural and urban runoff, storm sewer overflow, upstream contaminant sources, atmospheric fallout, and dumping that are affecting the water quality and marine resources of the Apex; "(B) identify those uses in the Apex that are being inhibited because of those inputs;

(C) determine the fate of the contaminants from those inputs and their effect on the marine environment;

"(D) identify technologies and management practices, and determine the costs, necessary to control those inputs;

"(E) identify impediments to the cleanup of those inputs;

"(F) devise a schedule of economically feasible projects to implement the controls identified under subparagraph (D) and to remove the impediments identified under subparagraph (E); and

"(G) develop recommendations for funding and coordinating the various Federal, State, and local government programs necessary to implement the projects devised under subparagraph (F).

Within six months after the date of the enactment of this section, the Administrator shall submit to the Congress a detailed schedule (and the associated funding requirements) for completing the restoration plan required by this subsection.

"(e) Within one year after the date of the enactment of this section, the Administrator shall prepare and submit to Congress a report on the technological and economic feasibility of establishing and implementing quality standards for the disposal of municipal sludge through ocean or land-based methods. The quality standards shall set forth maximum permissible concentrations of heavy metals, PCB's, persistent plastics, microbiological constituents, pathogens, and any other material found in municipal sludge regarding which the Administrator considers the establishment of maximum permissible concentrations to be warranted.

"(f) In addition to funds authorized under section 111, there are authorized to be appropriated to the Environmental Protection Agency, for purposes of preparing the New York Bight Apex Restoration Plan required under subsection (d)(1), the following amounts:

"(1) $2,000,000 for fiscal year 1986.
"(2) $2,000,000 for fiscal year 1987.

"(3) $1,000,000 for fiscal year 1988.".

SEC. 5. CONVENTION ADHERENCE.

Section 106 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1416) is amended by adding at the end thereof the following new subsection: "(g) To the extent that they may do so without relaxing the requirements of this title, and in accordance with chapter 5 of title 5, United States Code, the Administrator and the Secretary shall adhere to and apply the requirements of the Convention, including its annexes, that are binding upon the United States when implementing this title.".

SEC. 6. TRANSITIONAL PROVISIONS.

Until completion of the site designation or denial of site designation by the Administrator of the Environmental Protection Agency with respect to any areas of ocean waters approved for dumping on an interim basis before July 1, 1982, and any areas of ocean waters used for dumping pursuant to a court order, the amendments made by this Act to the Marine Protection, Research, and Sanctuaries Act of 1972

(other than section 102(a) of that Act as amended by section 2(1) of this Act, other than subsection (c)(2) and (3) of section 102 of that Act as added by section 2(2) of this Act and other than amendments made by sections 3, 4, 7, 8, 9, 11, 12 and 14 of this Act) shall not be applicable to those areas of ocean water.

SEC. 7. DEFINITIONS.

Section 3 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1402) is amended

(1) by inserting ", and the subjacent areas," immediately after "those waters" in subsection (b);

(2) by striking out "sewage sludge," in subsection (c) and inserting in lieu thereof "municipal sludge,";

(3) by adding at the end thereof the following new subsections:

"(m) 'Monitoring' means the systematic, time-series observation of materials, contaminants, or pertinent components of the marine ecosystem over a period of time sufficient to determine the existing levels, trends, and natural variations of measured components in the water column, sediments, and biota for the purpose of ensuring that immediate harmful effects of dumping are detected, and cumulative and long-term effects are detected, forecasted, and evaluated. Observations may include, but are not limited to, the following procedures, depending upon the type of waste to be dumped and the characteristics of the site: (1) seasonal sampling and analyses of the infaunal community and sediment for purposes of characterizing structural composition and size distribution; (2) sampling and analyses of sediment and selected organisms to determine levels of hydrocarbon, trace metals, and chemical and pathogenic contaminants identified as constituents of wastes to be dumped; (3) profiling measurements of standard oceanographic parameters including dissolved oxygen, salinity, and water temperature; (4) characterization of large-scale surface topography and megafaunal structure and composition; and (5) sampling and analyses to determine levels of nutrients and organic carbon.".

"(n) 'Municipal sludge' means solid, semisolid, or liquid waste generated by a waste water treatment plant of a sewerage authority or other unit of State or local government or a privately owned or operated waste water treatment plan which treats predominantly domestic sewage."; and

(4) by striking out "the Canal Zone," in subsection (d).

SEC. 8. PENALTIES.

Subsection 105(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415) is redesignated as section 105(b)(1), and the following new paragraph is inserted thereafter:

"(2) Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this title or who falsifies, tampers with, or knowingly renders inaccurate any monitoring, sampling, or testing device or method required to be maintained or implemented under this title, shall upon conviction, be punished by a fine of not more than $10,000, or by imprisonment for not more than six months, or by both. For purposes of this section, the term 'person' shall mean, in addition to the definition contained in section 3(e) of this title, any responsible corporate officer.".

SEC. 9. WRITS OF MANDAMUS.

Section 105(g) of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1415), is amended

(1) by redesignating subparagraph (5) as subparagraph (6) and by inserting immediately after paragraph (4) the following:

"(5) Upon application of any person, the district courts of the United States shall have jurisdiction to issue writs of mandamus directing the Administrator to implement in a timely manner the site designation provisions of this title for those sites for which site designation proceedings are incomplete and at which dumping is authorized pursuant to permits issued under sections 102 and 103. Nothing in this paragraph is intended to affect the conduct of any dumping activity under a permit issued under this title pending the completion of site designation proceedings. Paragraph (4) of this subsection shall not apply to any suit brought pursuant to this paragraph.";

and

(2) by striking out "injunctive" in subparagraph (6), as so redesignated. SEC. 10. SCHEDULE FOR COMPLETION.

The Administrator of the Environmental Protection Agency shall establish a schedule for expeditiously completing the study and designation or denial of desig

nation of all areas of ocean waters approved before July 1, 1982, for dumping on an interim basis and areas of ocean waters used for dumping pursuant to a court order. The Administrator shall submit this schedule to Congress not later than the day after the date of enactment of this Act.

SEC. 11. ANNUAL REPORTS.

Section 112 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1421) is amended to read as follows:

"SEC. 112. In March of each year, the Administrator and the Secretary shall each individually report to the Congress on the administration of this title during the previous calendar year.".

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

Section 111 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1420) is amended by striking out "and" immediately following "fiscal year 1981," and inserting "and not to exceed $8,864,000 for each of fiscal years 1986 and 1987," immediately after "fiscal year 1982,".

SEC. 13. TERMINATION OF HARMFUL MUNICIPAL SLUDGE DUMPING.

Section 4 of the Act entitled "An Act to amend the Marine Protection, Research, and Sanctuaries Act of 1972 to authorize appropriations to carry out the provisions of such Act for fiscal year 1978", approved November 4, 1977 (33 U.S.C. 1412a), is amended as follows:

(1) Subsection (a) is amended to read as follows:

"(a) The Administrator of the Environmental Protection Agency (hereinafter in this section referred to as the 'Administrator') shall

"(1) end the dumping of harmful municipal sludge into ocean waters or into waters described in section 101(b) of the Marine Protection, Research, and Sanctuaries Act of 1972 as soon as possible after the date of the enactment of the Ocean Dumping Amendments Act of 1985, except that in no case may any dumping of harmful municipal sludge

"(A) occur after the last day of the 18-month period beginning on the date of the enactment of such Amendments Act of 1985; or

"(B) be authorized under such Act of 1972 for other than an eligible authority within the meaning of section 104A(a)(3) of that Act; and

"(2) end the dumping of industrial waste into such waters, except as provided in subsections (b) and (c).".

(2) Subsection (d) is amended

(A) by amending paragraph (1) to read as follows:

"(1) The term 'harmful municipal sludge' means municipal sludge (as defined in section 3(n) of such Act of 1972) the ocean dumping of which may be harmful to human health, welfare, amenities, or the marine environment, ecological systems, and economic potentialities. Municipal sludge shall be considered to be harmful, for purposes of this section, if it fails to meet the environmental impact criteria of the Environmental Protection Agency's regulations issued under title I of the Marine Protection, Research, and Sanctuaries Act of 1972."; and

(B) by striking out "(2) the" and inserting in lieu thereof "(2) The".

SEC. 14. EXTENSION OF UNITED STATES AUTHORITY.

(a) Whenever in this section there is a reference to a section, subsection or paragraph of existing law, the reference is to the Marine Protection, Research and Sanctuaries Act of 1972, as amended.

(b) In section 2(c)(2), strike the words "territorial sea or the contiguous" and insert in lieu thereof the following: "territorial sea or the exclusive economic”.

(c) Add to the end of section 3, the following new subsection:

"(o) 'exclusive economic zone' means the zone established by Proclamation Numbered 5030, dated March 10, 1983.".

(d) Strike section 101(b) and insert in lieu thereof the following:

"(b) Except as may be authorized by a permit issued pursuant to section 102 of this title, and subject to regulations issued pursuant to section 108 of this title, no person shall dump any material transported from a location outside the United States (1) into the territorial sea of the United States, or (2) into the exclusive economic zone of the United States.".

SEC. 15. RELATION TO OTHER FEDERAL LAW.

Section 106 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1416) is amended by adding at the end thereof the following new paragraph: