WATER RESOURCES PLANNING ACT OF 1961

WEDNESDAY, JULY 26, 1961

U.S. SENATE,

COMMITTEE ON INTERIOR AND INSULAR AFFAIRS,
AND COMMITTEE ON PUBLIC WORKS,

Washington, D.C.

The committee met, pursuant to call, at 10 a.m., in room 3110, Senate Office Building, Senator Clinton P. Anderson, presiding. Present: Senators Anderson, Kerr, Dworshak, Randolph, Allott, Long of Hawaii, Gruening, Moss, Metcalf, Burdick, and Hickey.

Also present: Stewart French, chief counsel; Benton J. Stong, professional staff member; Jerry T. Verkler, clerk, Interior and Insular Affairs Committee; and John Mutz, professional staff member, Public Works Committee.

Senator ANDERSON. The Interior Committee is very much honored today to be joined by members of the Public Works Committee, including four members of our own Interior Committee who also serve under the Public Works banner-Senators Gruening, Moss, Long of Hawaii, and Metcalf.

Incidentally, I think I should welcome back to the committee the Senator from Oklahoma, who started off with me on this committee in 1949.

This is a joint hearing of the Senate Interior and Insular Affairs Committee, and the Senate Public Works Committee, on S. 2246 and S. 1629, measures concerned with water resource planning. (The bills referred to follow :)

[S. 2246, 87th Cong., 1st sess.]

A BILL To provide for the optimum development of the Nation's natural resources through the coordinated planning of water and related land resources, through the establishment of a Water Resources Council and river basin commissions, and by providing financial assistance to the States in order to increase State participation in such planning

Be it enacted by the Senate and House of Representatives of the United States of Amereica in Congress assembled,

SHORT TITLE

SECTION 1. This Act may be cited as the "Water Resources Planning Act of 1961".

STATEMENT OF POLICY

SEC. 2. In order to meet the rapidly expanding demands for water throughout the Nation, it is hereby declared to be the policy of the Congress that the conservation, development, and utilization of the water and related land resources of the United States shall be planned and conducted on a comprehensive and coordinated basis with the cooperation of all affected Federal agencies, States, local governments, and others concerned.

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TITLE I-WATER RESOURCES COUNCIL

SEC. 101. There is hereby established a Water Resources Council (hereinafter referred to as the "Council") which shall be composed of the Secretary of the Interior, the Secretary of Agriculture, the Secretary of the Army, and the Secretary of Health, Education, and Welfare, the Chairman of the Council shall request the heads of other agencies to participate with the Council when matters affecting their responsibilities are considered by the Council. The Chairman of the Council shall be designated by the President.

SEC. 102. The Council shall maintain a continuing study of the adequacy of supplies of good quality water in each water resource region in the United States to meet the requirements of the region and the national interest therein, appraise the adequacy of existing policies and programs to meet such requirements, and make recommendations to the President with respect thereto.

SEC. 103. The Council shall establish, with the approval of the President, principles, standards, and procedures for the preparation of comprehensive regional or river basin plans and for the formulation and evaluation of Federal water resources projects.

SEC. 104. Upon receipt of a plan or revision thereof from any river basin commission under the provisions of section 204 (a) (3) of this Act, the Council shall

(1) determine the efficacy of such plan or revision in achieving optimum use of the water and related land resources in the area involved;

(2) determine the effect of the plan on the achievement of other programs for the development of agricultural, energy, industrial, recreational, fish and wildlife, and other resources of the entire Nation;

(3) determine the contributions which such plan or revision will make in obtaining the Nation's economic and social goals;

(4) make such modifications in such plan or revision as are desirable in the national interest; and

(5) transmit such plan or revision, including such modifications and the views, comments, and recommendations with respect to such plan or revision submitted by any Federal agency, Governor, interstate commission, or United States section of an international commission, to the President for his review and transmittal to the Congress.

SEC. 105. (a) For the purpose of carrying out the provisions of this Act, the Council may: (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports thereon as it may deem advisable; (2) acquire, furnish, and equip such office space as is necessary; (3) use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States; (4) employ such personnel as it deems advisable, including a Staff Director, with compensation at the rate of $19,500 per annum; (5) place one position, in addition to the Staff Director, above the level of grade GS-15, subject to the standards and procedures of section 505 of the Classification Act of 1949, as amended, but in addition to the number of positions authorized to be placed in such grades by such section; (6) procure services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for individuals; (7) purchase, hire, operate, and maintain passenger motor vehicles; and (8) incur such necessary expenses and exercise such other powers as are consistent with and reasonably required to perform its functions under this Act.

(b) Any member of the Council is authorized to administer oaths when it is determined by the Council that testimony shall be taken or evidence received under oath.

(c) To the extent permitted by law, all appropriate records and papers of the Council may be made available for public inspection during ordinary office hours.

(d) Upon request of the Council, the head of any Federal department or agency is authorized (1) to furnish to the Council such information as may be necessary for carrying out its functions and as may be available to or procurable by such department or agency, and (2) to detail to temporary duty with such Council on a reimbursable basis such personnel within his administrative jurisdiction as it may need or believe to be useful for carrying out its functions, each such detail to be without loss of seniority, pay, or other employee status.

(e) The Council shall be responsible for (1) the appointment and supervision of personnel, (2) the assignment of duties and responsibilities among such personnel, and (3) the use and expenditures of funds.

TITLE II-RIVER BASIN COMMISSIONS

CREATION OF COMMISSIONS

SEC. 201. (a) The President is authorized, upon the request of the Governor of one or more of the affected States as described in section 202 (c) of this Act or the Council, to create a river basin water resources commission for any region, major river basin, or group of related river basins in the United States. (b) Each such commission for a region, river basin, or group of river basins shall

(1) Serve as the principal agency for the coordination of Federal, State, and local plans for the development of water and related land resources in its region, river basin, or group of river basins;

(2) prepare and keep up to date a comprehensive, integrated, joint plan for Federal, State, and local development of water and related land resources;

(3) recommend long-range schedules of priorities for the collection and analysis of basic data and for investigation, planning, and construction of projects; and

(4) foster and undertake studies of water and related land resources problems in its region, river basin, or group of river basins.

MEMBERSHIP OF COMMISSIONS

SEC. 202. Each river basin commission shall be composed of members appointed by the President as follows:

(a) chairman who shall not, during the period of his service on the commission, hold any other position as an officer or employee of the United States, but a retired commissioned officer of one of the services mentioned in the Career Compensation Act of 1949 may be appointed chairman without prejudice to his retired status and may receive the compensation payable under section 206 (c) of this Act in addition to his retired pay, provided that the combined rate shall not exceed the applicable maximum rate or rates set forth in such section for the chairman;

(b) One member from each Federal department or agency determined by the President to have a substantial interest in the work to be undertaken by the commission, such member to serve as the representative of such department or agency;

(c) One or more members from each State which lies wholly or partially within the region, river basin, or group of river basins for which the commission is established, and which has a substantial interest in the planning and construction of water and related land resources developments therein, and the appointment of each such member shall be made upon the nomination of the Governor of his State, or in the event of the failure of the Governor to nominate a person satisfactory to the President within sixty days after a request by the President to make a nomination, by the President on his own nomination, and unless other-” wise determined by the President, the term of each such member shall run for the same period as that of the Governor making the nomination, but in event for longer than four years unless reappointed by the President upon renomination by the Governor of the State;

(d) When deemed appropriate by the President, one member from any interstate commission created by an interstate compact to which the consent of Congress has been given, and whose jurisdiction extends to the waters of the region, river basin, or group of river basins for which the river basin commission is created, and the appointment of any such member shall be made upon the nomination of the interstate commission of a person satisfactory to the President; and

(e) When deemed appropriate by the President, one member from the United States section of any international commission created by a treaty to which the consent of the Senate has been given and whose jurisdiction extends to the waters of the region, river basin, or group of river basins for which the river basin commission is established.

ORGANIZATION OF COMMISSIONS

SEC. 203. (a) Each river basin commission shall organize for the performance of its functions within thirty days after its initial members have been appointed subject to the availability of funds for carrying on its work. At such time or

times as he deems appropriate, the President may terminate a commission, and all property, assets, and records of the commission shall thereafter be turned over to such agency or agencies of the United States as the President may designate.

(b) Each commission shall elect a vice chairman from among its members. (c) Vacancies in a commission shall not affect its powers but shall be filled in the same manner in which the original appointments were made.

DUTIES OF THE COMMISSIONS

SEC. 204. (a) Each river basin commission shall

(1) engage in such activities and make such studies and investigations as are necessary and desirable in carrying out the policy set forth in section 2 of this Act and in accomplishing the purposes set forth in section 201(b) of this Act;

(2) submit to the Council a report on its work at least once each year, and such report shall be transmitted through the President to the Congress. After the President has transmitted the report to the Congress, the commission shall send a copy of the report to the head of each Federal department or agency, the Governor of each State, and each interstate commission from which a member of the commission has been appointed, and to the head of the United States section of any international commission if the report deals with a boundary water or a river crossing a boundary, or any tributary flowing into such boundary water or river, over which the international commission has jurisdiction or for which it has responsibility; (3) submit to the Council a comprehensive, integrated, joint plan, and any major necessary revisions thereof, for water and related land resources development in the region, river basin, or group of river basins for which such commission was established. Before the commission transmits such a plan or major revision to the Council, it shall transmit a copy thereof to the head of each Federal department or agency, the Governor of each State, and each interstate commission, from which a member of the commission has been appointed, and to the head of the United States section of any international commission if the plan or revision deals with a boundary water or a river crossing a boundary, or any tributary flowing into such boundary water or river, over which the international commission has jurisdiction or for which it has responsibility. Each such department and agency head, Governor, interstate commission, and United States section of an international commission shall have ninety days from the date of the receipt of the proposed plan or revision to report its views, comments, and recommendations to the commission. The commission may modify the plan or revision after considering the reports so submitted. The views, comments, and recommendations submitted by each Federal department or agency head, Governor, interstate commission, and United States section of an international commission shall be transmitted to the Council with the plan or revision.

(b) Each member of a river basin commission, other than the chairman, shall from time to time report on the work of the commission to the head of the Federal department or agency, the Governor of the State, the interstate commission, or the United States section of the international commission from which he was appointed, and shall present to such river basin commission for its consideration any comments or suggestions received as a result of such report.

POWERS AND ADMINISTRATIVE PROVISIONS OF THE COMMISSIONS

SEC. 205. (a) For the purpose of carrying out the provisions of this title, each river basin commission may: (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute so much of its proceedings and reports thereon as it may deem advisable; (2) acquire, furnish, and equip such office space as is necessary; (3) use the United States mails in the same manner and upon the same conditions as other departments and agencies of the United States; (4) employ such personnel as it deems advisable; (5) place one position above the level of grade GS-15, subject to the standards and procedures of section 505 of the Classification Act of 1949, as amended, but in addition to the number of positions authorized to be placed in such grades by such section; (6) procure services as authorized by section 15 of the Act of August 2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for individuads; (7) purchase, hire,