4

cation, and Welfare and the Assistant Secretary of Health, Education, and Welfare under clause (2) of the second sentence of section 1(b) of the Act, and (2) so much of the functions of the Secretary of Health, Education, and Welfare under section 3(b)(2)5 of the Act as relates to public health aspects.

(f) The functions of the Surgeon General under section 2(k) of the Water Quality Act of 1965 (79 Stat. 905) are transferred to the Secretary of Health, Education, and Welfare. Within 90 days after this reorganization plan becomes effective, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall present to the Persident for his approval an interdepartmental agreement providing in detail for the implementation of the consultations provided for by said section 2(k). Such interdepartmental agreement may be modified from time to time by the two Secretaries with the approval of the President.

7

(g) The functions of the Secretary of Health, Education, and Welfare under sections 2 (b), (c), and (g) of the Water Quality Act of 1965 are hereby transferred to the Secretary of the Interior: Provided, That the Secretary of the Interior may exercise the authority to provide further periods for the transfer to classified positions in the Federal Water Pollution Control Administration of commissioned officers of the Public Health Service under said section 2(b) only with the concurrence of the Secretary of Health, Education, and Welfare.

(h) The functions of the Secretary of Health, Education, and Welfare under the following provisions of law are hereby transferred to the Secretary of the Interior:

(1) Section 702 (a) of the Housing and Urban Development Act of 1965 (79 Stat. 490).8

(2) Section 212 of the Appalachian Regional Development Act of 1965 (79 Stat. 16)."

(3) Section 106 of the Public Works and Economic Development Act of 1965 (79 Stat. 554).10

Sec. 1(b) relates to the administration of functions of the Department of Health, Education, and Welfare related to water pollution, other than those authorized by the Act. The attached print of the Act reflects this provision of the reorganization plan. 5 Sec. 3(b) (2) relates to giving advice to Federal construction agencies on the need for and the value of storage for streamflow regulation for water quality control in the planning of reservoirs.

Sec. 2(k) of the Water Quality Act of 1965 does not amend the basic Federal Water Pollution Control Act. The subsection requires that the Surgeon General shall be consulted by the head of the Federal Water Pollution Control Administration on the public health aspects relating to water pollution over which the latter official has administrative responsibility.

7 Sec. 2 of the Water Quality Act of 1965 includes provisions relating to the voluntary transfer to civil service status of commissioned officers of the Public Health Service performing functions relating to the Federal Water Pollution Control Act. These provisions do not amend the basic Federal Water Pollution Control Act.

8 Sec. 207 (a) of the Housing and Urban Development Act of 1965 provides that no grant for sewer facilities may be made by the Secretary of Housing and Urban Development (formerly the Housing and Home Finance Administrator) unless the Secretary of Health, Education, and Welfare certifies to the former official that any waste material carried by such facilities will be adequately treated before it is discharged into any public waterway so as to meet applicable Federal, State, interstate, or local water quality standards.

Sec. 212 of the Appalachian Regional Development Act of 1965 authorizes the Secretary of Health, Education, and Welfare to make grants for the construction of sewage treatment works in the Appalachian Region in accordance with the provisions of the Federal Water Pollution Control Act, without regard to appropriation authorization ceilings or State allotments.

10 Sec. 106 of the Public Works and Economic Development Act of 1965 provides that no financial assistance, through grants, loans, guarantees, or otherwise, shall be made under the Act to be used directly or indirectly for sewer or other waste disposal facilities unless the Secretary of Health, Education, and Welfare certifies to the Secretary of Commerce that any waste material carried by such facilities will be adequately treated before it is discharged into any public waterway so as to meet applicable Federal, State, interstate, or local water quality standards.

SEC. 2. ASSISTANT SECRETARY OF THE INTERIOR.-There shall be in the Department of the Interior one additional Assistant Secretary of the Interior, shall be appointed by the President, by and with the advice and consent of the Senate, who shall, except as the Secretary of the Interior may direct otherwise, assist the Secretary in the discharge of the functions transferred to him hereunder, who shall perform such other duties as the Secretary shall from time to time prescribe, and who shall receive compensation at the rate_now or hereafter prescribed by law for Assistant Secretaries of the Interior. SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS.-The provisions of sections 2 and 5 of Reorganization Plan No. 3 of 1950 (64 Stat. 1262) 11 shall be applicable to the functions transferred hereunder to the Secretary of the Interior to the same extent as they are applicable to the functions transferred to the Secretary thereunder.

SEC. 4. INCIDENTAL PROVISIONS.-(a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds, employed, used, held, available, or to be made available in connection with the functions transferred to the Secretary of the Interior or the Department of the Interior by this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Department of the Interior at such time or times as the Director shall direct.

(b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers referred to in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate.

(c) This reorganization plan shall not impair the transfer rights and benefits of commissioned officers of the Public Health Service provided by section 2 of the Water Quality Act of 1965.7

SEC. 5. ABOLITION OF OFFICE. (a) There is hereby abolished that office of Assistant Secretary of Health, Education, and Welfare the incumbent of which is on date of the transmittal of this reorganization plan to the Congress the Assistant Secretary of Health, Education, and Welfare designated by the Secretary of Health, Education, and Welfare under the provisions of section 1(b) 12 of the Act.

(b) The Secretary of Health, Education, and Welfare shall make such provisions as he shall deem to be necessary respecting the winding up of any outstanding affairs of the Assistant Secretary whose office is abolished by subsection (a) of this section.

11 Reorganization Plan No. 3 of 1950 transferred to the Secretary of the Interior (with certain exceptions) all functions of all other officers of the Department and all functions of all agencies and all employees of the Department. Sec. 2 authorized him to delegate functions to any other officer, any agency, or any employee of the Department. Sec. 5 authorized him to effect incidental transfers within the Department of records, property, personnel, and unexpended funds.

12 Sec. 1(b) provides that the Secretary of Health, Education, and Welfare shall administer the Act through the Federal Water Pollution Control Administration and with the assistance of an Assistant Secretary of Health, Education, and Welfare designated by him. The attached print of the Act reflects the abolition of this position and the establishment of the position of an additional Assistant Secretary of the Interior under Section 2 of the reorganization plan.

Executive Order 11574

Dec. 23, 1970, 35 F.R. 19627

ADMINISTRATION OF REFUSE ACT PERMIT PROGRAM

By virtue of the authority vested in me as President of the United States, and in furtherance of the purposes and policies of section 13 of the Act of March 3, 1899, c. 425, 30 Stat. 1152 (33 U.S.C. 407), the Federal Water Pollution Control Act, as amended (33 U.S.C. 1151 et seq.), the Fish and Wildlife Coordination Act, as amended (16 U.S.Č. 661-666c), and the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347), it is hereby ordered as follows:

SECTION 1. REFUSE ACT PERMIT PROGRAM.-The executive branch of the Federal Government shall implement a permit program under the aforesaid section 13 of the Act of March 3, 1899 (hereinafter referred to as "the Act") to regulate the discharge of pollutants and other refuse matter into the navigable waters of the United States or their tributaries and the placing of such matter upon their banks.

SEC. 2. RESPONSIBILITIES OF FEDERAL AGENCIES.-(a) (1) The Secretary shall, after consultation with the Administrator respecting water quality matters, issue and amend, as appropriate, regulations, procedures, and instructions for receiving, processing, and evaluating applications for permits pursuant to the authority of the Act.

(2) The Secretary shall be responsible for granting, denying, conditioning, revoking, or suspending Refuse Act permits. In so doing: (A) He shall accept findings, determinations, and interpretations which the Administrator shall make respecting applicable water quality standards and compliance with those standards in particular circumstances, including findings, determinations, and interpretations arising from the Administrator's review of State or interstate agency water quality certifications under section 21(b) of the Federal Water Pollution Control Act (84 Stat. 108). A permit shall be denied where the certification prescribed by section 21(b) of the Federal Water Pollution Control Act has been denied, or where issuance would be inconsistent with any finding, determination, or interpretation of the Administrator pertaining to applicable water quality standards and considerations.

(B) In addition, he shall consider factors, other than water quality, which are prescribed by or may be lawfully considered under the Act or other pertinent laws.

(3) The Secretary shall consult with the Secretary of the Interior, with the Secretary of Commerce, with the Administrator, and with the head of the agency exercising administration over the wildlife resources of any affected State, regarding effects on fish and wildlife. which are not reflected in water quality considerations, where the discharge for which a permit is sought impounds, diverts, deepens the

channel, or otherwise controls or similarly modifies the stream or body of water into which the discharge is made.

(4) Where appropriate for a particular permit application, the Secretary shall perform such consultations respecting environmental amenities and values, other than those specifically referred to in paragraphs (2) and (3) above, as may be required by the National Environmental Policy Act of 1969.

(b) The Attorney General shall conduct the legal proceedings necessary to enforce the Act and permits issued pursuant to it.

SEC. 3. COORDINATION BY COUNCIL ON ENVIRONMENTAL QUALITY.— (a) The Council on Environmental Quality shall coordinate the regulations, policies, and procedures of Federal agencies with respect to the Refuse Act permit program.

(b) The Council on Environmental Quality, after consultation with the Secretary, the Administrator, the Secretary of the Interior, the Secretary of Commerce, the Secretary of Agriculture, and the Attorney General, shall from time to time or as directed by the President advise the President respecting the implementation of the Refuse Act permit program, including recommendations regarding any measures which should be taken to improve its administration.

SEC. 4. DEFINITIONS.-As used in this order, the word "Secretary" means the Secretary of the Army, and the word "Administrator" means the Administrator of the Environmental Protection Agency. RICHARD NIXON.