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(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
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 uner. pended 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
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 bensive 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".
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.
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.
Sec. 14. The provisions of this Act shall be effective after ninety days following its date of enactment.
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 leadtime 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 responsi
bility 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 responsibilities 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 Tesource-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 Engineering 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.).
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.
With the provision that in time of war or other national emergency, the President may transfer the functions of the Corps of Engineers to the Secretary of the Army. At the end of such national emergencies, tbe President would transfer these functions back to the Secretary of Natural Resources.
In addition to the above, the Federal Power Act would be amended to include the following:
16 USC 797(e)
“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 such comprehensive plans have been approved by the Secretary
of Natural Resources." Agencies and Functions Not Transferred
A recent research report prepared by the Committee on Natural Resources of the Federal Council for Science and Technology,' summarizes the Federal Government's responsibilities for natural resources under the following headings:
other resource industries -many kinds of research and development Next to expenditures for national defense and for the costs of past wars, the FCST found that activities concerned with natural resources are the largest category in the Federal budget. Although the study conducted by FCST was concerned primarily with Federal research and development activities, its focus on budgetary and manpower aspects resulted in a detailed analysis of overall Federal effort in the natural resources field.
Research and development activities are carried out by eight Departments (Agriculture; Commerce; Defense ; Health, Education and Welfare; Transportation; Housing and Urban Development; Interior and State). An even larger number of independent commissions and councils are also involved including the Atomic Energy Commission; Federal Aviation Agency; Federal Power Commission; National Science Foundation; Tennessee Valley Authority; Marine Resources and Engineering Development Council; Office of Science and Tech. nology ; Water Resources Council; Council of Economic Advisers; Bureau Budget'; Smithsonian Institution ; National Academy of Sciences; Appalachian Regional Commission and Delaware River Basin Commission,
Departments and commissions, or segments thereof, identified by the FCST as having research and development functions, which have apparently been excluded from transfer under S. 886, are outlined below" Energy Resources (p. 34, FCST report)
Department of Defense
Tennessee Valley Authority
Department of Agriculture (ARS, CSESS, SCS)
Department of Defense
Tennessee Valley Authority 1 Rescarch and Development on Natural Resources, Office of Science and Technology Executive Office of the President. May 1963. (A separate task force report on water resources was issued on March 25, 1963, as a Senate Interior Committee print entitled "Federal Water Resources Research Activities").
2 Slightly modified to account for reorganization of federal activities since 1963.
Air Resources (p. 87, ibid)
Department of Agriculture
National Science Foundation
Department of Agriculture (CSESS, ERS, SCS)
Tennessee Valley Authority
S. 886 makes no specific reference to these aspects of resource policy and administration.
FEDERAL SPENDING FOR NATURAL RESOURCES
Senator RIBICOFF. Federal expenditures in the field of natural resources totaled $3.2 billion in fiscal 1966, and are estimated at $3.5 billion for fiscal 1968.
We will also include at this point the analysis of natural resource spending from the 1968 budget.
(The excerpt from “The Budget for Fiscal Year 1968” follows:)
NATURAL RESOURCES The needs of a growing population and an expanding economy demand careful development and prudent use of our natural resources. The budget recommendations for 1968 are aimed at meeting these demands. They provide for selected increases in those programs most important for preserving our natural heritage and promoting the Nation's economic growth. Payments to the public for the conservation and development of natural resources are estimated at $3.5 billion in fiscal year 1968, an increase of $288 million over 1967.
Land and water resources.--About two-thirds of the estimated outlays for natural resources in 1968 will be for land and water resources programs. Most of these expenditures will be for continuing construction of water resource projects started in previous years and for operating and maintaining completed projects. Many of these projects are multiple-purpose projects, providing electric power, water supply, water quality, fish and wildlife, and recreation benefits as well as serving flood control, navigation, or irrigation purposes.
Because water problems are becoming increasingly critical in various parts of the country, legislation is proposed to establish a National Water Commission. The Commission, working closely with the Water Resources Council, will assess the problems and outline actions to achieve the most efficient use of our water