and designed to facilitate the incorporation of experimental features for performance testing and to permit process changes and improvements as required;

(g) the term "module" means a section or integral portion of a desalting plant which is used initially to study large-scale technology and critical design features in preparation for subsequent prototype construction;

(h) the term "prototype" means a full-size, first-of-a-kind production plant used for development, study, and demonstration of full-sized technology, plant operation, and process economics. (Pub. L. 92-60, § 9, July 29, 1971, 85 Stat. 162.)

§ 1959h. Authorization of appropriations.

(a) Availability of moneys for various expenses; increases and decreases in expenditures and obligations.

There is authorized to be appropriated to carry out the provisons of this chapter during fiscal year 1972, the sum of $27,025,000, to remain available until expended, as follows:

(1) Research expense, not more than $5,475,000; (2) Development expense, not more than $10,200,000;

(3) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion test bers and test facilities, not more than $7,385,000;

(4) Design, construction, acquisition, modification, operation, and maintenance of saline water conversion modules, not more than $1,425,000; and

(5) Administration and coordination not more than $2,540,000.

Expenditures and obligations under paragraphs (1), (2), (3), and (4) of this subsection may be increased by not more than 10 per centum, and expenditures and obligations under paragraph (5) may be increased by not more than 2 per centum, if any such increase under any paragraph is accompanied by an equal decrease in expenditures and obligations under one or more of the other paragraphs.

(b) Annual appropriation authorization; availability of moneys for execution of provisions, for grants, contracts, cooperative agreements, and studies, and for correlation of results of studies and research. There are authorized to be appropriated such sums, to remain available until expended, as may be specified in annual appropriation authorization Acts to carry out the provisions of this chapter during the fiscal years 1973 to 1977, inclusive, and to finance, for not more than three years beyond the end of said period, such grants, contracts, cooperative agreements, and studies as may theretofore have been undertaken pursuant to this chapter and such activities as are required to correlate, coordinate, and round out the results of studies and research undertaken pursuant to this chapter.

(c) Foreign research; availability of funds.

Not more than 2 per centum of the funds to be made available in any fiscal year for research under the authority of this chapter may be expended, subject to the approval of the Secretary of State to assure that such activities are consistent with the foreign policy objectives of the United States, in cooperation with public or private agencies in foreign

countries for research useful to the program in the United States. (Pub. L. 92-60, § 10, July 29, 1971, 85 Stat. 162.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1959f of this title.

Chapter 19A.-WATER RESOURCES RESEARCH

PROGRAM

SUBCHAPTER III.-MISCELLANEOUS PROVISIONS

Sec.

1961c-8. Excess personal property; conveyance to cooperating institutes, educational institutions, and nonprofit organizations [New].

SUBCHAPTER I.-STATE WATER RESOURCES RESEARCH INSTITUTES

§ 1961a. Water resources research institutes. (a) Appropriations; establishment; number; designation of institution; interstate or regional institutes; participation of educational institutions in institute work.

There are authorized to be appropriated to the Secretary of the Interior for the fiscal year 1965 and each subsequent year thereafter sums adequate to provide $75,000 to each of the several States in the first year, $87,500 in each of the second and third years, and $250,000 each year thereafter to assist each participating State in establishing and carrying on the work of a competent and qualified water resources research institute, center, or equivalent agency (hereinafter referred to as "institute") at one college or university in that State, which college or university shall be a college or university established in accordance with sections 301 to 305, 307 and 308 of Title 7 or some other institution designated by Act of the legislature of the State concerned: Provided, That (1) if there is more than one such college or university in a State, established in accordance with sections 301 to 305, 307 and 308 of Title 7, funds under this chapter shall, in the absence of a designation to the contrary by act of the legislature of the State, be paid to the one such college or university designated by the Governor of the State to receive the same subject to the Secretary's determination that such college or university has, or may reasonably be expected to have, the capability of doing effective work under this chapter; (2) two or more States may cooperate in the designation of a single interstate or regional institute, in which event the sums assignable to all of the cooperating States shall be paid to such institute; and (3) a designated college or university may, as authorized by appropriate State authority, arrange with other colleges and universities within the State to participate in the work of the institute: Provided further, That for fiscal year 1973 not more than $125,000 shall be appropriated for each of the District of Columbia, the Virgin Islands, and Guam, and for fiscal year 1974 not more than $200,000 shall be appropriated for each of such areas.

(b) Duties of institutes; scope of activities.

It shall be the duty of each such institute to plan and conduct and/or arrange for a component or components of the college or university with which it is affiliated to conduct competent research, investigations, and experiments of either a basic or

practical nature, or both, in relation to water resources and to provide for the training of scientists through such research, investigations, and experiments, Such research, investigations, experiments, and training may include, without being limited to, aspects of the hydrologic cycle; supply and demand for water; conservation and best use of available supplies of water; methods of increasing such supplies; and economic, legal, social, engineering, recreational, biological, geographic, ecological and other aspects of water problems and scientific information dissemination activities, including identifying, assembling, and interpreting the results of scientific and engineering research deemed potentlally significant for solution of water resource problems, providing means for improved communication regarding such research results, including prototype operations, ascertaining the existing and potential effectiveness of such for aiding in the solution of practical problems, and for training qualified persons in the performance of such scientific information dissemination; having due regard to the varying conditions and needs of the respective State, to water research projects being conducted by agencies of the Federal and State Governments, the agricultural experiment stations, and others, and to avoidance of any undue displacement of scientists and engineers elsewhere engaged in water resources research. The annual programs submitted by the State institutes to the Secretary for approval shall include assurance satisfactory to the Secretary that such programs were developed in close consultation and collaboration with leading water resources officials within the State to promote research, training, and other work meeting the needs of the State. (As amended Pub. L. 92-175, §§ 1-3, Dec. 2, 1971, 85 Stat. 493.)

AMENDMENTS

1971-Subsec. (a). Pub. L. 92-175, § 1, substituted "$250,000" for "$100,000" and added the further proviso limiting the 1973 fiscal year appropriations for the District of Columbia, the Virgin Islands, and Guam to $125,000 each and the 1974 fiscal year appropriations to $200,000 each.

Subsec. (b). Pub. L. 92-175, §§ 2, 3, added the dissemination of scientific information to the enumeration of duties for the institutes and added requirement that the annual programs submitted by the State institutes to the Secretary for approval include assurance satisfactory to the Secretary that such programs were developed in close consultation and collaboration with leading water resources officials within the State to promote research, training, and other work meeting the needs of the State.

§1961a-2. Payments to institutes; time; amount; vouchers; accounting officers; reports to Secretary of Interior; State replacement of diminished, lost, or misapplied funds.

Sums available to the States under the terms of sections 1961a and 1961a-1 of this title shall be paid to their designated institutes at such times and in such amounts during each fiscal year as determined by the Secretary, and upon vouchers approved by him. Funds received by an institute pursuant to such payment may be used for any allowable costs within the meaning of the Federal procurement regulations that establish principles for determining costs applicable to research and development under grants and contracts with educa

tional institutions (41 CFR 1-15.3), including future amendments thereto: Provided, That the direct costs of the programs of each State institute, as distinguished from indirect costs, are not less than the amount of the Federal funds made available to such State institute pursuant to section 1961a of this title. Each institute shall have an officer appointed by its governing authority who shall receive and account for all funds paid under the provisions of this chapter and shall make an annual report to the Secretary on or before the 1st day of September of each year, on work accomplished and the status of projects underway, together with a detailed statement of the amounts received under any of the provisions of this chapter during the preceding fiscal year, and of its disbursement, on schedules prescribed by the Secretary. If any of the moneys received by the authorized receiving officer of any institute under the provisions of this chapter shall by any action or contingency be found by the Secretary to have been improperly diminished, lost, or misapplied, it shall be replaced by the State concerned and until so replaced no subsequent appropriation shall be allotted or paid to any institute of such State. (As amended Pub. L. 92-175, § 4, Dec. 2, 1971, 85 Stat. 493.)

REFERENCES IN TEXT

The Federal procurement regulations (41 CFR 1-15.3), referred to in text, are set out in the Code of Federal Regulations, Title 41, Public Contracts and Property Management. Such regulations constitute Subpart 1-15.3 of the Part covering contract cost principles and procedures and consist of § 1-15.301 et seq. of such regulations.

AMENDMENTS

1971-Pub. L. 92-175 authorized the use of funds for any allowable costs within the meaning of the Federal procurement regulations that establish principles for determining costs applicable to research and development under grants and contracts with educational institutions, with the proviso that direct costs be not less than the amount of Federal funds made available to the State institute pursuant to section 1961a of this title.

SUBCHAPTER II.-ADDITIONAL WATER RESOURCES RESEARCH PROGRAMS

§ 1961b. Research into water problems related to the mission of the Department of the Interior.

*

(c) Annual report to the President and Congress.

In addition to other requirements of this chapter, the Secretary's annual report to the President and Congress as required by section 1961c-7 of this title shall specifically identify each contract and grant award approved under subsection (a) of this section in the preceding fiscal year, including the title of each research project, name of performing organization, and the amount of each grant or contract. (As amended Pub. L. 92-175, § 5, Dec. 2, 1971, 85 Stat. 493.)

AMENDMENTS

1971-Subsec. (c). Pub. L. 92-175 added subsec. (c).

SUBCHAPTER III.-MISCELLANEOUS

PROVISIONS

1961c-6. "State" defined.

As used in this chapter, the term "State" includes the Commonwealth of Puerto Rico, the District of

Columbia, and the territories of the Virgin Islands and Guam. (As amended Pub. L. 92-175, § 6, Dec. 2, 1971, 85 Stat. 494.)

AMENDMENTS

1971-Pub. L. 92-175 added "the District of Columbia, and the territories of the Virgin Islands and Guam".

§ 1961c-7. Annual report by the Secretary of Interior to the President and Congress.

The Secretary shall make a report to the President and Congress on or before October 1 of each year showing the disposition during the preceding fiscal year of moneys appropriated to carry out this chapter, the results expected to be accomplished through projects financed during that year under sections 1961a-1 and 1961b of this title, and the conclusions reached in or other results achieved by those projects which were completed during that year. The report shall also include an account of the work of all institutes financed under section 1961a of this title and indicate whether any portion of an allotment to any State was withheld and, if so, the reasons therefor. (As amended Pub. L. 92-175, § 7, Dec. 2, 1971, 85 Stat. 494.)

AMENDMENTS

1971-Pub. L. 92-175 substituted "October 1" for "March 1" and "fiscal year" for "calendar year".

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1961b of this title.

§ 1961c-8. Excess personal property; conveyance to cooperating institutes, educational institutions, and nonprofit organizations.

Excess personal property acquired by the Secretary under the Federal Property and Administrative Services Act of 1949, as amended, for use in furtherance of the purposes of this chapter may be conveyed by the Secretary to a cooperating institute, educational institution, or nonprofit organization, with or without consideration, under such terms and conditions as the Secretary may prescribe. (Pub. L. 88-379, title III, § 308, as added Pub. L. 92-175, § 8, Dec. 2, 1971, 85 Stat. 494.)

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949, referred to in text, is act June 30, 1949, ch. 288, 63 Stat. 378. Titles I-IV and VI thereof are classified to chapters 10 and 16 of Title 40, Public Buildings, Property, and Works, and chapter 4 of Title 41, Public Contracts. Title V thereof was classified to former chapter 11 of Title 44, Public Printing and Documents, but was repealed by Pub. L. 90-620, § 3, Oct. 22, 1968, 82 Stat. 1309. The subject matter of such former title V is now covered by chapters 21, 25, 27, 29, and 31 of Title 44.

Chapter 19B.-WATER RESOURCES PLANNING
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in title 33 section 1289.

§ 1962a-2. Establishment of principles, standards, and procedures for preparation of regional or river basin plans and Federal projects; revision of river basin planning commission plans.

DELEGATION OF FUNCTIONS

Functions of the President under this section delegated to the Chairman of the Walter Resources Council, see section 2 of Ex. Ord. No. 11747, Nov. 7, 1973, 38 F.R. 30993, set out as a note under section 1962a-3 of this title.

§ 1962a-3. Review of river basin commission plans; report to President and Congress.

Ex. ORD. No. 11747. DELEGATION OF PRESIDENTIAL FUNCTIONS Ex. Ord. No. 11747, Nov. 7, 1973, 38 F.R. 30993, provided: By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

SECTION 1. The Director of the Office of Management and Budget is designated and empowered to exercise, without the approval, ratification, or other action of the President, the functions vested in the President by (1) sections 104(b) and 204 (3) of the Water Resources Planning Act, as amended (42 U.S.C. 1962a-3(b) and 1962b-3 (3), respectively), with respect to reviewing plans, or revisions thereof, of river basin commissions established pursuant to that act and transmitting those plans or revisions thereto to the Congress with appropriate recommendations; and (2) section 301(b) of the same act (42 U.S.C. 1962c (b)) with respect to approving rules, procedures, arrangements, and provisions relating to coordination of Federal planning assistance programs and utilization of Federal agencies administering related programs.

SEC. 2. The Chairman of the Water Resources Council is designated and empowered to exercise, without the approval, ratification, or other action of the President, the approval function for standards and procedures vested in the President by section 103 of the Water Resources Planning Act, as amended (42 U.S.C. 1962a-2). RICHARD NIXON.

§ 1962b. Creation of commissions; powers and duties. EX. ORD. NO. 11331. PACIFIC NORTHWEST RIVER BASINS COMMISSION

Ex. Ord. No. 11331, Mar. 6, 1967, 32 F.R. 3875, as amended by Ex. Ord. No. 11613, Aug. 2, 1971, 36 F.R. 14299, provided:

SEC. 3. Membership of the Commission. It is hereby determined that, in accordance with section 202 of the Act [section 1962b-1 of this title], the Commission shall consist of the following:

(2) one member from each of the following Federal departments and agencies: Department of Agriculture, Department of the Army, Department of Commerce, Department of Health, Education, and Welfare, Department of Housing and Urban Development, Department of the Interior, Department of Transportation, Environmental Protection Agency, and the Federal Power Commission, such member to be appointed by the head of each department or independent agency he represents,

EX. ORD. No. 11345. GREAT LAKES BASIN COMMISSION Ex. Ord. No.11345, Apr. 20, 1967, 32 F.R. 6329, as amended by Ex. Ord. No. 11613, Aug. 2, 1971, 36 F.R. 14299; Ex. Ord. No. 11646, Feb. 8, 1972, 37 F.R. 2925, provided:

SEC. 3. Membership of the Commission. It is hereby determined that, in accordance with section 202 of the Act [section 1962b-1 of this title], the Commission shall consist of the following:

(2) one member from each of the following Federal departments and agencies: Department of State, Department of Agriculture, Department of the Army, Department of Commerce, Department of Health, Education, and Welfare, Department of Housing and Urban Development, Department of the Interior, Department of Justice, Department of Transportation, Environmental Protection Agency, and the Federal Power Commission, such member to be appointed by the head of each department or independent agency he represents,

SEC. 5. International Coordination. The Council and the Department of State shall consult as appropriate on matters under consideration by the Commission which

relate to the areas of interest and jurisdiction of the International Joint Commission, United States and Canada, and the Great Lakes Fishery Commission.

*

EXECUTIVE ORDER No. 11359

Ex. Ord. No. 11359, June 20, 1967, 32 F.R. 8851, as amended by Ex. Ord. No. 11613, Aug. 2, 1971, 36 F.R. 14299; Ex. Ord. No. 11635, Dec. 9, 1971, 36 F.R. 23615, formerly set out as a note under this section, which established the Souris-Red-Rainy Basins Commission, was superseded by Ex. Ord. No. 11737, Sept. 7, 1973, 38 F.R. 24883, set out as a note under this section.

EX. ORD. No. 11371. ESTABLISHMENT OF NEW ENGLAND RIVER BASINS COMMISSION

Ex. Ord. No. 11371, Sept. 6, 1967, 32 F.R. 12903, as amended by Ex. Ord. No. 11528, Apr. 24, 1970; 35 F.R. 6695; Ex. Ord No. 11613, Aug. 2, 1971, 36 F.R. 14299; Ex. Ord No. 11707, Mar. 12, 1973, 38 F.R. 6877, provided:

SEC. 2. Jurisdiction of Commission. (a) It is hereby determined that the jurisdiction of the New England River Basins Commission referred to in section 1 of this order (hereinafter referred to as the Commission) shall extend to an area composed as follows:

(3) The State of Vermont,

(4) The State of Massachusetts,

SEC. 3. Membership of Commission. It is hereby determined, in accordance with section 202 of the Act [section 1962b-1 of this title], that the Commission shall consist of the following:

(2) one member from each of the following Federal departments and agencies: Department of Agricultural, Department of the Army, Department of Commerce, Department of Health, Education, and Welfare, Department of Housing and Urban Development, Department of the Interior, Department of Transportation, Environmental Protection Agency, Atomic Energy Commission and Federal Power Commission, each such member to be appointed by the head of each department or independent agency he represents,

EX. ORD. No. 11578. ESTABLISHMENT OF OHIO RIVER BASIN COMMISSION

Ex. Ord. No. 11578, Jan. 13, 1971, 36 F.R. 683, provided: WHEREAS the Water Resources Planning Act (79 Stat. 244, 42 U.S.C. 1962 et seq.) [this chapter] provides for the establishment of river basin water and related land resources commissions; and

WHEREAS the Governors of the States of the Ohio River drainage basin, excluding the Tennessee River drainage basin, and the Water Resources Council have requested, or concurred in, the establishment of such a commission:

NOW THEREFORE, by virtue of the authority vested in me by section 201 of the Water Resources Planning Act (42 U.S.C. 1962b), and as President of the United States, it is ordered as follows:

SECTION 1. Ohio River Basin Commission. It is hereby declared that the Ohio River Basin Commission is established under the provisions of Title II of the Water Resources Planning Act (42 U.S.C. 1962b et seq.).

SEC. 2. Jurisdiction of the Commission. It is hereby determined that the jurisdiction of the Ohio River Basin Commission referred to in section 1 of this order shall extend to those portions of the States of Kentucky, Illinois, Indiana, Maryland, New York, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, and West Virginia that are located within the Ohio River drainage basin, excluding the Tennessee River drainage basin.

SEC. 3. Membership of the Commission. It is hereby determined that, in accordance with section 202 of the Act (42 U.S.C. 1962b-1), the Commission shall consist of the following members:

(1) a Chairman to be appointed by the President, (2) one member from each of the following Federal departments and agencies: Department of Agriculture,

Department of the Army, Department of Commerce, Department of Health, Education, and Welfare, Department of Housing and Urban Development, Department of the Interior, Department of Transportation, Federal Power Commission, Atomic Energy Commission, and the Environmental Protection Agency, such member to be appointed by the head of the department or independent agency he represents,

(3) one member from each of the following States: Kentucky, Illinois, Indiana, Maryland, New York, North Carolina, Ohio, Pennsylvania, Tennessee, and West Virginia, and a member from Virginia when authorized by the legislature of that State, and

(4) one member from each interstate agency created by an interstate compact to which the consent of Congress has been given and whose jurisdiction extends to the waters of the area specified in section 2.

SEC. 4. Functions, Powers, and Duties. The Commission and its officers, members, and employees shall perform and exercise, with respect to the area specified in section 2 of this order, their respective functions, powers, and duties as set out in Title II of the Water Resources Planning Act [this subchapter].

SEC. 5. Reporting to the President. The Chairman of the Commission shall report to the President through the Water Resources Council.

RICHARD NIXON.

Ex. ORD NO. 11613. MEMBERSHIP OF ENVIRONMENTAL PROTECTION AGENCY ON ESTABLISHED RIVER BASIN COMMISSION Ex. Ord. No. 11613, Aug. 2, 1971, 36 F.R. 14299, provided: By virtue of the authority vested in me by section 202 of the Water Resources Planning Act (79 Stat. 247; 42 U.S.C. 1962b-1) and as President of the United States, it is ordered as follows:

SECTION 1. Section 3(2) of each of the followingdescribed Executive orders is amended by adding "Environmental Protection Agency," immediately after "Department of Transportation,”

(1) Executive Order No. 11331 of March 6, 1967, establishing the Pacific Northwest River Basins Commission; (2) Executive Order No. 11345 of April 20, 1967, establishing the Great Lakes Basin Commission;

(3) Executive Order No. 11359 of June 20, 1967, establishing the Souris-Red-Rainy River Basins Commissions; and

(4) Executive Order No. 11371 of September 6, 1967, establishing the New England River Basins Commission, as amended by Executive Order No. 11528 of April 24, 1970.

SEC. 2. The Administrator of the Environmental Protection Agency shall appoint a member to each river basin commission to serve as the representative of that Agency as soon as practicable after the date of issuance of this Order.

RICHARD NIXON.

Ex. ORD. No. 11658. ESTABLISHMENT OF MISSOURI RIVER BASIN COMMISSION

Ex. Ord. No. 11658, Mar. 22, 1972, 37 F.R. 6045 provided: The Water Resources Planning Act (79 Stat. 244; 42 U.S.C. 1962 et seq.) [this chapter] provides for the establishment of river basin water and related land resources commissions. In conformity with the requirements of that act a majority of the Governors of the States of the Missouri River drainage basin, as defined in Section 2 of this order, and the Water Resources Council have requested, or concurred in, the establishment of such a Commission.

Now, THEREFORE, by virtue of the authority vested in me by Section 201 of the Water Resources Planning Act (42 U.S.C. 1962b) [this section], and as President of the United States, it is ordered as follows:

SECTION 1. Missouri River Basin Commission. It is hereby declared that the Missouri River Basin Commission is established under the provisions of Title II of the Water Resources Planning Act (42 U.S.C. 1962b et seq.) [this subchapter].

SEC. 2. Jurisdiction of the Commission. It is hereby determined that the jurisdiction of the Missouri River Basin Commission referred to in Section 1 of this order shall extend to the State of Nebraska and those portions of the States of Colorado, Iowa, Kansas, Minnesota, Missouri, Montana, North Dakota, South Dakota, and

Wyoming that are located within the Missouri River drainage basin, defined as the drainage basin of the Missouri River above a point immediately below the mouth of the Gasconade River.

SEC. 3. Membership of the Commission. It is hereby determined that, in accordance with Section 202 of the Act (42 U.S.C. 1962b-1), the Commission shall consist of the following members:

(1) a Chairman to be appointed by the President,

(2) one member from each of the following Federal departments and agencies: Department of Agriculture; Department of the Army; Department of Commerce; Department of Health, Education, and Welfare; Department of Housing and Urban Development; Department of the Interior; Department of Transportation; Federal Power Commission; Atomic Energy Commission; and the Environmental Protection Agency; such member to be appointed by the head of the department or independent agency he represents,

(3) one member from each of the following States: Colorado, Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, North Dakota, South Dakota, and Wyoming,

(4) one member from each interstate agency created by an interstate compact to which the consent of the Congress has been given and whose jurisdiction extends to the waters of the area specified in Section 2.

SEC. 4. Functions, Powers and Duties. The Commission and its officers, members, and employees shall perform and exercise, with respect to the area specified in Section 2 of this order, their respective functions, powers, and duties as set out in Title II of the Water Resources Planning Act [this subchapter].

SEC. 5. International Coordination. The Chairman of the Commission is hereby authorized and directed to refer to the Water Resources Council any matters under consideration by the Commission which relate to areas of interest or jurisdiction of the International Joint Commission, United States and Canada. The Council shall consult on these matters as appropriate with the Department of State and the International Joint Commission through its United States Section for the purpose of enhancing international coordination.

SEC. 6. Reporting to the President. The Chairman of the Commission shall report to the President through the Water Resources Council.

RICHARD NIXON. Ex. ORD. No. 11659. ESTABLISHMENT OF UPPER MISSISSIPPI RIVER BASIN COMMISSION

Ex. Ord. No. 11659, Mar. 22, 1972, 37 F.R. 6047, as amended by Ex. Ord. No. 11737, Sept. 7, 1973, 38 F.R. 24883, provided:

The Water Resources Planning Act (79 Stat. 244; 42 U.S.C. 1962 et seq.) [this chapter] provides for the establishment of river basin water and related land resources commission. In conformity with the requirements of that act the Governors of the States of the Upper Mississippi River drainage basin, as defined in Section 2 of this order, and the Water Resources Council have requested, or concurred in, the establishment of such a Commission. Now, THEREFORE, by virtue of the authority vested in me by Section 201 of the Water Resources Planning Act (42 U.S.C. 1962b) [this section], and as President of the United States, it is ordered as follows:

SECTION 1. Upper Mississippi River Basin Commission. It is hereby declared that the Upper Mississippi River Basin Commission is established under the provisions of Title II of the Water Resources Planning Act (42 U.S.C. 1962b et seq.) [this subchapter].

SEC. 2. Jurisdiction of the Commission. It is hereby determined that the jurisdiction of the Upper Mississippi River Basin Commission referred to in Section 1 of this order shall extend to those portions of the States of Illinois, Iowa, Minnesota, Missouri, Wisconsin, and North Dakota that are loacted within the Upper Mississippi, Souris, Red, or Rainy River drainage basins. The Upper Mississippi River drainage basin is defined as the drainage basin of the Mississippi River above the mouth of the Ohio River, excluding the drainage basin of the Missouri River above a point immediately below the mouth of the Gasconade River.

SEC. 3. Membership of the Commission. It is hereby determined that, in accordance with Section 202 of the

Act (42 U.S.C. 1962b-1), the Commission shall consist of the following members:

(1) a Chairman to be appointed by the President, (2) one member from each of the following Federal departments and agencies: Department of Agriculture; Department of the Army; Department of Commerce; Department of Health, Education, and Welfare; Department of Housing and Urban Development; Department of the Interior; Department of Transportation; Federal Power Commission; Atomic Energy Commission; and the Environmental Protection Agency; such member to be appointed by the head of the department or independent agency he represents,

(3) one member from each of the following States: Illinois, Iowa, Minnesota, Missouri, Wisconsin, and North Dakota.

(4) one member from each interstate agency created by an interstate compact to which the consent of Congress has been given and whose jurisdiction extends to the waters of the area specified in Section 2.

SEC. 4. Functions, Power, and Duties. The Commission and its officers, members, and employees shall perform and exercise, with respect to the area specified in Section 2 of this order, their respective functions, powers, and duties as set out in Title II of the Water Resources Planning Act [this subchapter].

SEC. 5. Consultation with Adjoining States. The Commission is expected to provide for procedures for consultation with the States of Indiana, Michigan, South Dakota, and Montana on any matter which might affect the water and related land resources of the headwater drainages of the Mississippi River Basin or the drainages of the Souris, Red, or Rainy River Basins in those States and to give notice to those States of meetings of the Commission.

SEC. 6. International Coordination. The Chairman of the Commission is hereby authorized and directed to refer to the Council any matters under consideration by the Commission which relate to areas of interest or jurisdiction of the International Joint Commission, United States and Canada. The Council shall consult on these matters as appropriate with the Department of State and the International Joint Commission through its United States Section for the purpose of enhancing international coordination.

SEC. 7. Reporting to the President. The Chairman of the Commission shall report to the President through the Water Resources Council.

RICHARD NIXON.

Ex. ORD. No. 11737. ENLARGEMENT OF UPPER MISSISSIPPI RIVER BASIN COMMISSION Ex. Ord. No. 11737, Sept. 7, 1973, 38 F.R. 24883, provided:

The Governors of the member States of the Upper Mississippi River Basin Commission and of the SourisRed-Rainy River Basins Commission, together with the Water Resources Council, have requested, or concurred in, the enlargement of the Upper Mississippi River Basin Commission to include those portions of the States of Minnesota and North Dakota that are drained by the Souris-Red-Rainy Rivers system. The Souris-Red-Rainy River Basins Commission terminated on June 30, 1973, by operation of Section 7 of Executive Order No. 11359 of June 20, 1967, as amended. I have determined that it would be in the public interest to comply with the above request.

NOW, THEREFORE, by virtue of the authority vested in me by Section 201 of the Water Resources Planning Act (42 U.S.C. 1962b) and as President of the United States, it is ordered as follows:

SECTION. 1. Executive Order No. 11659 of March 22, 1972, is hereby amended as follows:

(1) Section 2 is amended to read as follows: "SEC. 2. Jurisdiction of the Commission. It is hereby determined that the jurisdiction of the Upper Mississippi River Basin Commission referred to in Section 1 of this order shall extend to those portions of the States of Illinois, Iowa, Minnesota, Missouri, Wisconsin, and North Dakota that are located within the Upper Mississippi, Souris, Red, or Rainy River drainage basins. The Upper Mississippi River drainage basin is defined as the drainage basin of the Mississippi River above the mouth of