A community in an economically depressed county, Caruthersville is a city of approximately 8,600 with a high rate of unemployment. Of the 10,443 households in the county, 1,013 are on welfare and 3,518 have been receiving surplus food.

This city is under order from the Missouri Water Pollution Control Board to stop dumping raw sewage into the Mississippi River. The citizens want to meet this requirement. In fact, in August of 1963, they voted by a majority of 659 to 4 to authorize the sale of revenue bonds to

[p. 1508]

pay $484,000 of the estimated cost of $908,000 for construction of the sewage treatment plant, interceptor and outfall mains, plus some extension and modernization of the present sewage system.

The city was counting on the accelerated public works program for grants of $424,000 to pay the balance of the cost. Unfortunately money was exhausted before these worthy applications could be approved.

The city has filed an application for 30 percent of the cost of interceptor, outfall and treatment works, a cost estimated at $657,000; but it does not appear that such a grant would provide sufficient funds to do the job.

Mr. President, I can understand that in the effort to move rapidly on this present bill, S. 4, the Public Works Committee did not go into problems such as that presented by the city of Caruthersville.

I do note, however, that on page 7 of the committee report-Senate Report No. 10-on this bill that the committee states:

It is the intention of the committee to give early and thorough attention to the financial and technological problems confronting communities, large and small, as they endeavor to control and abate municipal sewage.

The committee is confident that out of the experience we have gained under the present act and from information derived from hearings and technical studies it will be able to develop a sound and expanded program of

pollution control and abatement grants designed to meet realistic goals of water quality enhancement.

I would ask the distinguished Senator from Maine if this means that consideration will be given to an increase in the percentage of the allowable grant on the cost of sewage treatment plants and the necessary interceptor and outfall sewage mains connected thereto?

Mr. MUSKIE. Let me say to the Senator from Missouri that it is our desire and intent to go into that question. So far as the larger States are concerned, they are not getting a sufficiently large proportion of the total cost of sewage treatment projects from the Federal Government. I believe that is a legitimate concern. In the development of this program, we have moved toward higher and higher ceilings in that respect, but we still have a problem.

Then there is the question of the percentage of Federal support, particularly in distressed areas. That has been a problem.

The accelerated public works program has been of great assistance in this connection. We have been able to generate Federal grants of 50 percent or more in the past. That experience will be useful to our committee in considering changes in the formulas in the Federal Pollution Act itself.

I assure the Senator from Missouri that it is the full intention of the committee to go into this subject thoroughly, in the hope of developing proposals which will help relieve communities and States, to an even greater extent than in the past, of the burden of dealing with this problem.

Mr. SYMINGTON. I thank the able Senator from Maine. May I ask if this is planned to be done fairly soon?

Mr. MUSKIE. We intend to do it in this session.

Mr. SYMINGTON. In this session?
Mr. MUSKIE. Yes.

case, and I am sure that will be true in other cases that will arise in the State of Missouri.

Mr. MUSKIE. Yes; and I expect to hear other remarks on this subject today. Mr. STENNIS. Mr. President, I, too, commend the Senator from Maine and his subcommittee and the full committee for the very fine work they have done on this timely subject and troublesome question, to which some solution must be found.

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as

WATER QUALITY ACT OF 1965 The Senate resumed the consideration of the bill S. 4, to amend the Federal Water Pollution Control Act, amended, to establish the Federal Water Pollution Control Administration, to provide grants for research and development, to increase grants for construction of municipal sewage treatment works, to authorize the establishment of standards of water quality to aid in preventing, controlling, and abating pollution of interstate waters, and for other purposes.

Mr. TOWER. Mr. President, I wish to propose an amendment to the bill S. 4.

The PRESIDING OFFICER. The Senate must first dispose of the committee amendments.

Mr. TOWER. Mr. President, a parliamentary inquiry.

The PRESIDING OFFICER. The Senator will state it.

Mr. TOWER. Have not the committee amendments been disposed of?

The PRESIDING OFFICER. They have not. The first committee amendment will be stated.

The LEGISLATIVE CLERK. On page 7, line 14, it is proposed to strike out the word "and"

Mr. MUSKIE. Mr. President, I move that the committee amendments be considered en bloc, and that the bill as thus amended be considered as original text for the purpose of amendment.

The PRESIDING OFFICER. Is there objection to the request of the Senator from Maine?

There being no objection, the committee amendments were considered and agreed to en bloc, as follows:

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UNANIMOUS-CONSENT AGREEMENT TO

LIMIT TIME

Mr. MANSFIELD. Mr. President, will the Senator yield?

Mr. TOWER. I yield to the Senator from Montana.

Mr. MANSFIELD. I should like to propound a unanimous-consent request without the Senator from Texas losing his right to the floor.

Mr. President, I ask unanimous consent that on the Tower amendment in the nature of a substitute there be a time [p. 1512]

limitation on debate of 1 hour, 30 minutes to be under the control of the Senator from Texas [Mr. TOWER] and 30 minutes to be under the control of the Senator in charge of the bill, the distinguished Senator from Maine [Mr. MUSKIE].

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. TOWER. Mr. President, I offer the amendment which I send to the desk and ask to have stated.

The PRESIDING OFFICER. The amendment of the Senator from Texas will be stated.

The legislative clerk proceeded to read the amendment.

Mr. TOWER. Mr. President, I ask unanimous consent that further reading of the amendment be dispensed with. The PRESIDING OFFICER. Without objection, it is so ordered. The amendment is as follows:

AMENDMENTS BY MR. TOWER

Strike out all after the enacting clause and insert in lieu thereof the following:

"That (a) (1) section 1 of the Federal Water Pollution Control Act (33 U.S.C. 466) is amended by inserting after the words Section 1.' a new subsection (a) as follows:

(a) The purpose of this Act is to enhance the quality and value of our water resources and to establish a national policy

for the prevention, control, and abatement of water pollution.'

"(2) Such section is further amended by redesignating subsections (a) and (b) thereof as (b) and (c), respectively.

"(3) Subsection (b) of such section (as redesignated by paragraph (2) of this subsection) is amended by striking out the last sentence thereof and inserting in lieu of such sentence the following: "The Secretary of Health, Education, and Welfare (hereinafter in this Act called the "Secretary") shall administer this Act and, with the assistance of an Assistant Secretary of Health, Education, and Welfare designated by him, shall supervise and direct the head of the Water Pollution Control Administration created by section 2 and the administration of all other functions of the Department of Health, Education, and Welfare related to water pollution. Such Assistant Secretary shall perform such additional functions as the Secretary may prescribe.'

"(b) Section 2 of Reorganization Plan Numbered 1 of 1953, as made effective April 1, 1953, by Public Law 83-13, is amended by striking out 'two' and inserting in lieu thereof 'three'; and paragraph (17) of subsection (d) of section 303 of the Federal Executive Salary Act of 1964 is amended by striking out (2)' and inserting in lieu thereof (3) '."

SEC. 2. Such Act is further amended by redesignating sections 2 through 4 and references thereto, as sections 3 through 5, respectively, sections 5 through 14, as sections 7 through 16, respectively, by inserting after section 1 the following new section:

"FEDERAL WATER POLLUTION CONTROL

ADMINISTRATION

"SEC. 2. Effective ninety days after the date of enactment of this section there is created within the Department of Health, Education, and Welfare a Federal Water Pollution Control Administration (hereinafter in this Act referred to as the 'Administration'). The head of the Administration shall be appointed, and his compensation fixed, by the Secretary, and shall, through the Administration, administer sections 3, 4, 6, 8, 10, and 11 of this Act and such other provisions of this Act as the Secretary may prescribe. The head of the Administration may, in addition to regular staff of the Administration, which shall be initially provided from personnel of the Department, obtain, from within the Department or otherwise as authorized by law, such professional, technical, and clerical assistance as may be necessary to discharge the Administration's functions and may for that purpose use funds available for carrying out such functions.

"SEC. 3. Such Act is further amended by inserting after the section redesignated as

section 5 a new section as follows:

"'GRANTS FOR RESEARCH AND DEVELOPMENT

"'SEC. 6. The Secretary is authorized to make grants to any State, municipality, or intermunicipal or interstate agency for the purpose of assisting in the development of any project which will demonstrate a new or improved method of controlling the discharge into any waters of untreated or inadequately treated sewage or other waste from sewers which carry storm water or both storm water and sewage or other wastes, and for the purpose of reports, plans, and specifications in connection therewith.

'Federal grants under this section shall be subject to the following limitations: (1) No grant shall be made for any project pursuant to this section unless such project shall have been approved by an appropriate State water pollution control agency or agencies and by the Secretary; (2) no grant shall be made for any project in an amount exceeding 50 per centum of the estimated reasonable cost thereof as determined by the Secretary; (3) no grant shall be made for any project under this section unless the Secretary determines that such project will serve as a useful demonstration of a new or improved method of controlling the discharge into any water of untreated or inadequately treated sewage or other waste from sewers which carry storm water or both storm water and sewage or other wastes.

There are hereby authorized to be appropriated for the fiscal year ending June 30, 1965, and for each of the next three succeeding fiscal years, the sum of $20,000,000 per fiscal year for the purpose of making grants under this section. Sums so appropriated shall remain available until expended. No grant shall be made for any project in an amount exceeding 5 per centum of the total amount authorized by this section in any one fiscal year.'

"SEC. 4. (a) Clause (2) of subsection (b) of the section of the Federal Water Pollution Control Act herein redesignated as section 8 is amended by striking out 600,000,' and inserting in lieu thereof $1,000,000,'.

"(b) The second proviso in clause (2) of subsection (b) of such redesignated section 8 is amended by striking out $2.400,000.' and inserting in lieu thereof $4,000,000,'.

"(c) Subsection (f) of such redesignated section 8 is redesignated as subsection (g) thereof and is amended by adding at the end thereof the following new sentence: "The Secretary of Labor shall have, with respect to the labor standards specified in this subsecticn, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 64 Stat, 1267; 5 U.S.C. 133z-15) and section 2 of the Act of June 13, 1934, as amended (48 Stat. 948; 40 U.S.C. 276c).' "(d) Such redesignated section 8 is further

amended by inserting therein, immediately after subsection (e) thereof, the following new subsection:

"(f) Notwithstanding any other provisions of this section, the Secretary may increase the amount of a grant made under subsection (b) of this section by an additional 10 per centum of the amount of such grant for any project which has been certified to him by an official State, metropolitan, or regional planning agency empowered under State or local laws or interstate compact to perform metropolitan or regional planning for a metropolitan area within which the assistance is to be used, or other agency or instrumentality designated for such purposes by the Governor (or Governors in the case of interstate planning) as being in conformity with the comprehensive plan developed or in process of development for such metropolitan area. For the purposes of this subsection, the term "metropolitan area" means either (1) a standard metropolitan statistical area as defined by the Bureau of the Budget, except as may be determined by the President as not being appropriate for the purposes hereof, or (2) any urban area, including those surrounding areas that form an economic and socially related region, taking into consideration such factors as present and future population trends and patterns of urban growth, location of transportation facilities and systems, and distribution of industrial, commercial, residential, governmental, institutional, and other activities. which in the opinion of the President lends itself as beng appropriate for the purposes hereof.'

"SEC. 5. (a) Redesignated section 10 of the Federal Water Pollution Control Act is amended by redesignating subsections (c) through (i) as subsection (d) through (j).

"(b) Such redesignated section 10 of the Federal Water Pollution Control Act is further amended by inserting after subsection (b) the following:

(c) (1) In order to carry out the purposes of this Act, the Secretary may, after consultation with officials of the State and interstate water pollution control agencies and other Federal agencies involved, and with due regard for their proposals, prepare recommendations for standards of water quality to be applicable to interstate waters or portions thereof. The Secretary's recommendations shall be made available to any conference which may be called pursuant to subsection (d) (1) of this section, and to any hearing board appointed pursuant to subsection (f) of this section; and all or any part of such standards may be included in the report of said conference or in the recommendations of said hearing board.

***(2) The Secretary shall, when petitioned to do so by the Governor of any state sub

ject to or affected by the water quality standards recommendations, or when in his judgment it is appropriate, consult with the parties enumerated in paragraph (1) of this subsection concerning a revision in such recommended standards.

"(3) Such recommended standards of quality shall be such as to protect the public health and welfare and serve the purposes of this Act. In establishing recommended standards designed to enhance the quality of such waters, the Secretary shall take into consideration their use and value for public water supplies, propagation of fish and wildlife, recreational purposes, and agricultural, industrial, and other legitimate uses.

***(4) The Secretary shall recommend standards pursuant to this subsection with respect to any waters only if, within a reasonable time after being requested by the Secretary to do so, the appropriate States and interstate agencies have not developed standards found by the Secretary to be consistent with paragraph (3) of this subsection and applicable to such interstate waters or portions thereof.

(5) No standard of water quality recommended by the Secretary under this subsection shall be enforced under this Act unless such standard shall have been adopted by the Governor or the State water pollution control agency of each affected State.

***(6) Nothing in this subsection shall (A) prevent the application of this section to any case to which subsection (a) of this section would otherwise be applicable, or (B) extend Federal jurisdiction over water not otherwise authorized by this Act.'

"(c) Paragraph (1) of redesignated subsection (d) of the section of the Federal Water Pollution Control Act herein redesignated as section 10 as amended by striking out the final period after the third sentence

[p. 1513]

of such subsection and inserting the following in lieu thereof: ; or he finds that substantial economic injury results from the inability to market shellfish or shellfish products in interstate commerce because of pollution referred to in subsection (a) and action of Federal, State, or local authorities.'

"(d) Redesignated subsection (h) of the section of the Federal Water Pollution Control Act herein redesignated as section 10 is amended by inserting after the word 'practicability' in the second sentence thereof, the words of complying with such standards as may be applicable.'

"SEC. 6. The section of the Federal Water Pollution Control Act herein redesignated as section 11 is amended by inserting (a)' after 'SEC. 11.' and by inserting at the end of such section the following:

(b) No interceptor drain shall be con

structed or financed, in whole or in part, by any department, bureau, agency, or instrumentality of the United States to carry waste drainage water or treated sewage effluent from the service area of any reclamation project constructed in whole or in part by the Secretary of the Interior within the State of California to a termination point in the San Francisco Bay, the San Pablo Bay, the Suisun Bay, the waters of the Sacramento-San Joaquin Delta, or any channels lying between these bodies of water, unless the Secretary of Health, Education, and Welfare has first made a determination, based upon a study, that the anticipated discharge water from such interceptor drain will not, in the foreseeable future, pollute or increase the salinity, chloride, or pesticide content or impair usability for domestic, industrial, or irrigation purposes of the receiving water in the vicinity of the location where the interceptor drain is terminated, and Congress is given notice of such determination. The Secretary of Health, Education, and Welfare shall consult with the California regional water pollution control boards for the San Francisco Bay region and the Central Valley region before making the determination and shall give consideration to the recommendations and findings of such regional boards.'

"SEC. 7. The section of the Federal Water Pollution Control Act hereinbefore redesignated as section 12 is amended by adding at the end thereof the following new subsections:

"(d) Each recipient of assistance under this Act shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

"(e) The Secretary of Health, Education, and Welfare and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this Act.'

"SEC. 8. (a) Section 7 (f) (6) of the Federal Water Pollution Control Act, as that section is redesignated by this Act, is amended by striking out 'section 6(b) (4)' as contained therein and inserting in lieu thereof 'section 8(b) (4)'.

"(b) Section 8 of the Federal Water Pollution Control Act, as that section is redesignated by this Act, is amended by striking out section 5' as contained therein and

inserting in lieu thereof 'section 7'.

"(c) Section 10(b) of the Federal Water Pollution Control Act, as that section is redesignated by this Act, is amended by striking cut 'subsection (g),' as contained therein and inserting in lieu thereof 'subsection (h)'.

"(d) Section 10 (i) of the Federal Water Pollution Control Act, as that section is redesignated by this Act, is amended by striking out 'subsection (e)' as contained therein and inserting in lieu thereof 'subsection (f)'.

"(e) Section 11(a) of the Federal Water Pollution Control Act, as that section is redesignated by this Act, is amended by striking out 'section 8 (c) (3)' as contained therein and inserting in lieu thereof 'section 10 (d) (3)' and by striking out 'section 8(e)' and inserting in lieu thereof 'section 10 (f)'.

"Amend the title so as to read: 'An Act to amend the Federal Water Pollution Control Act, as amended, to establish the Federal Water pollution Control Administration, to provide grants for research and development, to increase grants for construction of municipal sewage treatment works, to authorize recommendations for standards of water quality, and for other purposes.'

Mr. TOWER. Mr. President, I intend to make only a brief presentation. I intend to ask for the yeas and nays; therefore, I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll.

The legislative clerk proceeded to call the roll.

Mr. MANSFIELD. Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. MANSFIELD. Mr. President, on the Tower amendment in the nature of a substitute, I ask for the yeas and nays. The yeas and nays were ordered.

Mr. TOWER. Mr. President, I intend to be relatively brief; however, other Senators may wish to speak on the amendment, so I ask unanimous consent that the time for the quorum call not be charged to either side.

The PRESIDING OFFICER. Without objection, it is so ordered.

Mr. TOWER. Mr. President, my proposal is identical with S. 649, as reported from the House Committee on Public Works last year.

The substitute can be easily described