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REDESIGNATE THE DEPARTMENT OF THE INTERIOR AS THE DEPARTMENT OF NATURAL RESOURCES

TUESDAY, OCTOBER 17, 1967

U.S. SENATE,
SUBCOMMITTEE ON EXECUTIVE REORGANIZATION,
COMMITTEE ON GOVERNMENT OPERATIONS,

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 unex. pended balances of appropriations, allocations, and other funds, which the Di. rector 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, Educa. tion, 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 unex. pended 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 Agri. culture 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 de termines, 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 Resources.

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 transferred by this Act, and in effect at the time of the transfer, shall continue in effect to the same extent as if such transfer had not occurred, until modified, superseded, or repealed. No suit, action, or other proceeding lawfully commenced by or against any office, agency, or bureau or any officer of the United States acting in his official capacity shall abate by reason of any transfer made pursuant to this Act, but the court, on motion or supplemental petition filed at any time within twelve months after such transfer takes effect, showing a necessity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained by or against the appropriate office, agency, or bureau or officer of the United States.

ANNUAL REPORT SEC. 13. The Secretary shall, as soon as practicable after the end of each calendar year, make a report to the President for submission to the Congress on the activities of the Department during the preceding calendar year.

EFFECTIVE DATE

Sec. 14. The provisions of this Act shall be effective after ninety days following its date of enactment.

EXHIBIT 2

S. 886-TO REDESIGNATE THE DEPARTMENT OF THE INTERIOR AS THE DEPARTMENT

OF NATURAL RESOURCES AND TO TRANSFER CERTAIN AGENCIES TO AND FROM SUCH DEPARTMENT

(By Wallace D. Bowman, Specialist in Conservation and Natural Resources,

Natural Resources Division, October 12, 1967) S. 886, introduced by Senator Frank E. Moss on February 7, 1967, would establish in one executive department various federal agencies, bureaus and commissions dealing with renewable and nonrenewable resources.

Senator Moss made his case for unification in citing the lack of any federal plan for the development, management and protection of the Nation's resource endowment. He also pointed out that every resource agency is surrounded by competing agencies, each striving to utilize our waters, minerals and land for its own particular clientele. “The result”, he observed, “has been that we often have no policy at all when important decisions affecting ... natural resources are made."

Senator Moss feels that a single executive agency charged with all functions relating to natural resources would accomplish the following:

(1) Enable the President, the Congress and an executive department to effectively evaluate the Nation's resource requirements and the investment needed to meet them ;

(2) Provide the data and the management structure on which long-range planning can be based;

(3) Permit the Government to consider with sufficient leadtiine the raw material requirements of our industries:

(4) Provide coordinated administration of farflung resource programs, and;

(5) Make it easier for the States, counties and cities to carry out their expanding responsibilities in the natural resources field. To examples serve to illustrate the complexities inherent in existing administrative arrangements for resources management.

The major functions of recreation are handled at Interior in such agencies as the National Park Service, Bureau of Outdoor Recreation, Bureau of Sport Fisheries and Wildlife, and Bureau of Land Management. Yet three agencies outside Interior develop and maintain separate outdoor recreation facilities: the Forest Service in the Department of Agriculture, the Corps of Engineers in the Department of Defense and the Tennessee Valley Authority. Also, the Department of Housing and Urban Development administers an open space program which enables metropolitan governments to purchase lands for local recreation purposes.

Primary responsibilities for water resources are fractured into four major departments and two independent agencies. Although water is a major responsibility at Interior, the bulk of construction is assigned the Corps of Engineers in the Department of Defense. In addition, the Federal Power Commission is authorized to grant licenses for the construction of hydroelectric dams on rivers. If ocean resources are included in this resource category, three other agencies of government must be added to the list.

Typical conflicts of interest arising in the case of river basin planning would find the Corps of Engineers (Defense) concerned with many aspects of flood control and waterway development; the Soil Conservation Service (Agriculture) concerned with upland watershed protection; the Bureau of Sport Fisheries and Wildlife (Interior) concerned with fish habitat and recreation; and the Federal Power Commission granting licenses for the construction of hydroelectric facilities. Earlier Proposals

Several earlier proposals contained provisions similar to S. 886.

Secretary Ickes in 1938 suggested that the Interior Department be changed into a Department of Conservation.

In 1949, a task force of the first Hoover Commission defined the functions of a proposed Department of Natural Resources, the establishment of which President Truman supported until 1951.

President Eisenhower in his last budget message suggested that the water functions of the Corps of Engineers be transferred to Interior.

Although President Kennedy expressed serious concern with difficulties of coordinating federal resource programs-citing as problems the widely scattered and overlapping resource policies of various agencies, competing agency efforts, varying standards to measure federal contributions to similar resource projects, and inconsistency in handling federal fees and user charges-he recommended that the solution be found in (a) administratively redefining resource responsi. bilities within the Executive Office, (b) strengthening the Council of Economic Advisers for this purpose, and (c) establishing a Presidential Advisory Committee on Natural Resources under the Council of Economic Advisers. Organization of Proposed Department of Natural Resources

S. 886 would create a national Department of Natural Resources, absorbing the present Department of the Interior--but exclude a number of Interior functions that fall outside the natural resources category--and include a number of resource-related agencies and functions of other Departments.

The Secretary of Interior, to be redesignated Secretary of Natural Resources, would be assisted by a Deputy Secretary and two Under Secretaries for Water and Lands. All would be appointed by the President with Senate confirmation.

The proposed agency and functional changes in resources administration are shown below. To Department of Natural Resources from Department of Agriculture:

1. Forest Service.
2. Watershed Protection and Flood Protection (16 U.S.C. 1001-1008).
3. Construction of certain public works on rivers and harbors for flood

control, and for other purposes (58 Stat. 887). To Department of Natural Resources from Department of Defense: Civil work

functions of the Corps of Engineers." To Department of Natural Resources from Department of Navy: Functions

relating to National Oceanographic Data Center. To Department of Natural Resources from National Science Foundation: Func

tions relating to sea grant programs (title II of Marine Resources and Engineer

ing Development Act, 80 Stat. 998). To Department of Natural Resources from Department of Health, Education, and Welfare:

1. Functions under the Clean Air Act (42 U.S.C. 1857, et seq.).
2. Functions under the Solid Waste Disposal Act (42 U.S.C. 3251).

3. All other air pollution control functions administered by HEW. To Department of Health, Education, and Welfare from Department of the Interior:

1. Bureau of Indian Affairs.
2. Office of Territories.

1 With the provision that in time of war or other national emergency, the President may transfer the fanctions of the Corps of Engineers to the Secretary of the Army. At the end of such national emergencies, the President would transfer these functions back to the Secretary of Natural Resources.

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