CONTENTS WITNESSES Hon. Wilbur J. Cohen, Under Secretary, Department of Health, Educa- Hon. Edward M. Kennedy, a U.S. Senator from the State of Massachu- Hon. Frank E. Moss, a U.S. Senator from the State of Utah_. 105 EXHIBITS 1. A bill to redesignate the Department of the Interior as the Depart- ment of Natural Resources and to transfer certain agencies to and from such Department, S. 886, 90th Congress, first session, intro- 2. Memorandum concerning S. 886, prepared by Wallace D. Bowman, specialist in conservation and natural resources, Natural Resources Division of the Legislative Reference Service, the Library of Con- 3. Analysis of natural resource spending, the budget of the U.S. Govern- 4. A bill to preserve the Nation's estuarine areas and their natural resources, S. 2365, 90th Cong., first session, introduced by Senator 5. Statement of Hon. Gale McGee, a U.S. Senator from the State of Wyoming, submitted for the record. 6. Article from the New York Times, "Army Admits Role in Lake Pollution," October 11, 1967__ 7. Joint statement by the Departments of the Interior and the Army regarding the issue of dredging on the Great Lakes, submitted for the record by Secretary Resor... 8. Joint statement of the Departments of the Interior and the Army regarding the water situation at Everglades National Park, sub- mitted for the record by Lieutenant General Cassidy.. 9. "Quality Education for American Indians, a Report on Organizational Location," prepared for the Subcommittee on Education of the Senate Committee on Labor and Public Welfare, May 1967, sub- 10. Supplemental statement of Lt. Gen. William Cassidy, Chief of Engi- 11. Letter from Hon. Robert C. McConnell, Assistant Secretary of the Interior to Senator Ribicoff, concerning additional information on the Bureau of Indian Affairs, October 20, 1967---- 12. Letter from Phillip S. Hughes, Deputy Director, Bureau of the Budget, to Senator Ribicoff, concerning the views of the Bureau of the Budget 13. Resolution of the Warrior-Tombigbee Development Association in Alabama, concerning the role of the Army Corps of Engineers in natural resources, submitted for the record by Senator Sparkman.. 14. Letter from Hon. Ramsey Clark, Attorney General, to Senator Ribicoff, expressing the views of the Justice Department on S. 886, 15. Letter from Hon. John Gardner, Secretary of Health, Education, and Welfare, to Senator Ribicoff, expressing the views of that Depart- ment on S. 886, October 17, 1967. 16. Letter from C. W. McMillan, executive vice president, American National Cattlemen's Association, to Senator Ribicoff, containing comments on S. 886, October 12, 1967.. 17. Statement of Hon. Edmund S. Muskie, a U.S. Senator from the State of Maine, submitted for the record, November 1, 1967- 18. Letter from Richard H. Stroud, executive vice president, Sport Fishing 19. Letter from Hon. Orville Freeman, Secretary of Agriculture, to Senator Ribicoff including a joint statement concerning arrangements for handling recreation programs at reservoir sites, October 24, 1967---- 20. Letter from Col. George E. Pickett, director, Department of Water and Air Resources, State of North Carolina, to Senator Ervin, submitted to Senator Ribicoff for the record by Senators Ervin and 21. Letter from Dale Twachtmann, executive director, Southwest Florida Water Management District, to Senator Ribicoff, including a state- ment of Mr. Edward Medard, chairman, governing board, South- west Florida Water Management District, October 26, 1967- 22. Letter from Riley S. Miles, executive director and general manager, Water Users Association of Florida, Inc., to Senator Ribicoff, commenting on S. 886, November 2, 1967. 23. Letter from Braxton B. Carr, president, the American Waterways Operators, Inc., to Senator Ribicoff, commenting on S. 886, Novem- 24. Letter from Floyd H. Blaske, national president, the Propeller Club of the United States, to Senator Ribicoff, commenting on S. 886, 25. Letter from Swep T. Davis, executive director-secretary, Pat Harri- son Waterway District, to Senator Ribicoff, including a resolution adopted by the Pat Harrison Waterway District Board of Directors on October 26, 1967, on S. 886, November 28, 1967-.. 26. Article from the Natural Resources Journal, "The Case for a Depart- ment of Natural Resources," by Mister Z, the University of New 145 REDESIGNATE THE DEPARTMENT OF THE INTERIOR AS THE DEPARTMENT OF NATURAL RESOURCES TUESDAY, OCTOBER 17, 1967 U.S. SENATE, SUBCOMMITTEE ON EXECUTIVE REORGANIZATION, Washington, D.C. The subcommittee met, pursuant to notice, at 10:05 a.m., in room 3302, New Senate Office Building, Senator Abraham Ribicoff (chairman) presiding. Present: Senators Ribicoff, Harris, Hansen, and Baker. Also present: Paul Danaceau, staff director; Robert Wager, general counsel; E. F. Behrens, minority consultant; and Esther Newberg, chief clerk. Senator RIBICOFF. The subcommittee will be in order. Today we begin 3 days of hearings on S. 886, a bill to redesignate the Department of the Interior as the Department of Natural Resources and to transfer certain agencies to and from such Department. A memorandum on this bill has been prepared by Wallace D. Bowman, specialist in conservation and natural resources, Natural Resources Division, Library of Congress. Both Mr. Bowman's memorandum and the bill, S. 886, will be inserted in the record at this point. (The information referred to follows:) EXHIBIT 1 [S. 886, 90th Cong., first sess.] A BILL To redesignate the Department of the Interior as the Department of Natural Resources and to transfer certain agencies to and from such Department Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Department of Natural Resources Act of 1967". DEPARTMENT OF NATURAL RESOURCES SEC. 2. (a) The Department of the Interior is hereby redesignated the Department of Natural Resources, and the Secretary of the Interior is hereby redesignated the Secretary of Natural Resources. (b) All laws, orders, regulations, and other matters relating to the Department of the Interior or to the Secretary of the Interior shall, insofar as they are not inconsistent with the provisions of this Act, be deemed to relate to the Department of Natural Resources or to the Secretary of Natural Resources, respectively. DEPUTY SECRETARY OF NATURAL RESOURCES SEC. 3. The Under Secretary of the Interior authorized under the Act entitled "An Act making appropriations for the Department of the Interior for the fiscal year ending June 30, 1936, and for other purposes", approved May 9, 1935, shall be known as the Deputy Secretary of Natural Resources and shall be compensated at the rate prescribed for level II of the Executive Schedule by section 5312 of title 5 of the United States Code. UNDER SECRETARIES OF NATURAL RESOURCES SEC. 4. (a) There shall be in the Department of Natural Resources an Under Secretary of Natural Resources for Water, and an Under Secretary of Natural Resources for Lands, who shall be appointed by the President, by and with the advice and consent of the Senate. (b) Clause (8) of section 5314 of title 5 of the United States Code is amended to read as follows: "(8) Under Secretary of Natural Resources for Water and Under Secretary of Natural Resources for Lands." TRANSFERS FROM THE DEPARTMENT OF THE INTERIOR SEC. 5. (a) (1) The Bureau of Indian Affairs in the Department of the Interior is transferred to the Department of Health, Education, and Welfare and all functions of the Secretary of the Interior being administered through the Bureau of Indian Affairs are transferred to the Secretary of Health, Education, and Welfare. (2) The Office of Territories in the Department of the Interior is transferred to the Department of Health, Education, and Welfare and all functions of the Secretary of the Interior being administered through the Office of Territories are transferred to the Secretary of Health, Education, and Welfare. (b) All personnel, property, records, obligations, commitments, and unexpended balances of appropriations, allocations, and other funds, which the Director of the Bureau of the Budget determines are to be used primarily with respect to any office, agency, bureau, or function transferred under the provisions of this section, are transferred to the Department of Health, Education, and Welfare. TRANSFERS FROM DEPARTMENT OF AGRICULTURE SEC. 6. (a) The Forest Service in the Department of Agriculture, together with such personnel, property, records, obligations, commitments, and unexpended balances of appropriations, allocations, and other funds as are determined by the Director of the Bureau of the Budget to be used primarily with respect to functions being administered through such service, is transferred to the Department of Natural Resources, and all functions of the Secretary of Agriculture being administered through such service are transferred to the Secretary of Natural Resources. (b) (1) The functions of the Secretary of Agriculture under the Watershed Protection and Flood Prevention Act as amended (16 U.S.C. 1001-1008), and the Act entitled "An Act authorizing the construction of certain public works on rivers and harbors for flood control, and for other purposes", approved December 22, 1944 (58 Stat. 887), are transferred to the Secretary of Natural Resources. (2) All personnel, property, records, obligations, commitments, and unexpended balances of appropriations, allocations, and other funds, which the Director of the Bureau of the Budget determines are used primarily with respect to any function transferred under the provisions of this subsection, are transferred to the Department of Natural Resources. CORPS OF ENGINEERS; CIVIL WORKS FUNCTIONS SEC. 7. (a) The civil works functions of the Corps of Engineers of the Department of the Army and all such functions of the Secretary of the Army with respect to or being administered through such Corps are transferred to the Secretary of Natural Resources. (b) All nonmilitary personnel, property, records, obligations, commitments, and unexpended balances of appropriations, allocations, and other funds, which the Director of the Bureau of the Budget determines are used primarily with respect to any function transferred under the provisions of this section, are transferred to the Department of Natural Resources. (c) In time of war or such other national emergency as the President determines, he may transfer (1) the functions transferred under subsection (a) of this section to the Secretary of the Army, and (2) such personnel, property, records, obligations, commitments, and unexpended balances of appropriations, allocations, and other funds as he determines are used with respect to such functions to the Department of the Army. At the end of the war or the period of national emergency the President shall transfer such functions back to the Secretary of Natural Resources, and he shall transfer such personnel, property, records, obligations, commitments, and unexpended appropriations, allocations, and other functions back to the Department of Natural Resources. TRANSFERS FROM THE DEPARTMENT OF THE NAVY; OCEANOGRAPHIC FUNCTIONS SEC. 8. The National Oceanographic Data Center in the Department of the Navy together with such nonmilitary personnel, property, records, obligations, commitments, and unexpended balances of appropriations, allocations, and other funds as are determined by the Director of the Bureau of the Budget to be used primarily with respect to functions being administered through such center, is transferred to the Department of Natural Resources, and all nonmilitary functions of the Secretary of the Navy with respect to or being administered through such Center are transferred to the Secretary of Natural Re sources. TRANSFERS FROM THE NATIONAL SCIENCE FOUNDATION; SEA GRANT PROGRAM SEC. 9. (a) The functions of the National Science Foundation under title II of the Marine Resources and Engineering Developing Act of 1966 (80 Stat. 998) relating to sea grant programs, are transferred to the Secretary of Natural Resources. (b) All personnel, property, records, obligations, commitments, and unexpended balances of appropriations, allocations, and other funds, which the Director of the Bureau of the Budget determines are used primarily with respect to any function transferred under the provisions of this section, are transferred to the Department of Natural Resources. DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE; AIR POLLUTION CONTROL FUNCTIONS SEC. 10. (a) The functions of the Secretary of Health, Education, and Welfare under the Clean Air Act, as amended (42 U.S.C. 1857 et seq.), the Solid Waste Disposal Act (42 U.S.C. 3251), and all other air pollution control functions of such Secretary are transferred to the Secretary of Natural Resources. (b) All personnel, property, records, obligations, commitments, and unexpended balances of appropriations, allocations, and other funds, which the Director of the Bureau of the Budget determines are used primarily with respect to any function transferred under the provisions of this section, are transferred to the Department of Natural Resources. AMENDMENTS TO FEDERAL POWER ACT SEC. 11. The first sentence of section 4(e) of the Federal Power Act (16 U.S.C. 797 (e)) is amended by (1) striking out "the chief of Engineers and the Secretary of the Army", and inserting in lieu thereof "the Secretary of Natural Resources", and (2) inserting immediately before the period a colon and the following: "Provided further, That no license affecting the comprehensive plan of any river basin commission developed pursuant to the Water Resources Planning Act shall be issued until the plans of the dam or other structures affecting any such comprehensive plan have been approved by the Secretary of Natural Resources". TRANSFER MATTERS SEC. 12. All laws relating to any office, agency, bureau, or function transferred under this Act shall, insofar as such laws are applicable, remain in full force and effect. Any transfer of personnel pursuant to this Act shall be without change in classification or compensation, except that this requirement shall not operate to prevent the adjustment of classification or compensation to conform to the duties to which such transferred personnel may be assigned. All orders, rules, regulations, permits, or other privileges made, issued, or granted by any office, agency, or bureau or in connection with any function transferre |