tion (g) as subsection (h), and by adding a new subsection (g) to read as follows: "(g) In addition to authority to appoint personnel subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and to pay such personnel in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, the Commission shall have authority to enter into contracts with private or public organizations who shall furnish the Commission with such administrative and technical personnel as may be necessary to carry out the purpose of this section. Personnel furnished by such organizations under this subsection are not, and shall not be considered to be, Federal employees for any purposes, but in the performance of their duties shall be guided by the standards which apply to employees of the legislative branches under rules 41 and 43 of the Senate and House of Representatives, respectively,"; and (6) in section 509 (b) (1) (C), by striking out "treatment" and inserting in lieu thereof "pretreatment". 206. In no event, however, shall any payments exceed the Federal share of the cost of construction incurred to the date of the voucher covering such payment plus the Federal share of the value of the materials which have been stockpiled in the vicinity of such construction in conformity to plans and specifications for the project. Mr. MUSKIE. Mr. President, on May 10, 1973, Senator CLARK introduced S. 1776 to amend the Federal Water Pollution Control Act, as amended, to authorize a 1-year extension of the pilot operator training program for waste water treatment plants under section 104 (g) (1) of Public Law 92-500. The act has authorized funds for this program only through fiscal year 1973. On June 18, the Senate passed S. 1776. Section 1 of the bill before us incorporates the origi [p. S22973] SEC. 2. Notwithstanding the requirements of nal provisions of S. 1776 as passed subsection (c) of section 206 of the Federal Water Pollution Control Act (86 Stat. 338), applications for assistance under section 206 may be filed with the Administrator of the Environmental Protection Agency until January 31, 1974. by the Senate. Also incorporated in this bill is the language of Senate Joint Resolution 158, as passed by the Senate on October 11, 1973. This resolution would SEC. 3. Funds available for reimbursement have amended section 206 of the Fed under Public Law 92-399 shall be allocated in accordance with subsection (d) of section 206 of the Federal Water Pollution Control Act (36 Stat. 838), pro rata among all projects eligible under subsection (a) of such section 206 for which applications have been submitted and approved by the Administrator pursuant to such Act. Notwithstanding the provisions of subsection (d) of such section 206, (1) the Administrator is authorized to make interim payments to each such project for which an application has been approved on the basis of estimates of maximum pro rata entitlement of all applicants under section 206 (a) and (2) for the purpose of determining allocation of sums available under Public Law 92-399, the eral Water Pollution Control Act, which provides for reimbursement to those agencies that initiated construction on waste treatment plants between June 30, 1966, and July 1, 1972, but did not receive the maximum authorized Federal grant. Reimbursement would be for the difference between the amount of Federal funds received, if any, and 50 percent of total cost, or 55 percent if the project was constructed in conformity with a comprehensive metropolitan plan. unpaid balance of reimbursement due such Senate Joint Resolution 158 would projects shall be computed as of January 31, 1974. Upon completion by the Administrator of have raised the authorization for rehis audit and approval of all projects for imbursement for the 1966 to 1972 which an application has been filed under period from $2 billion to $2.6 billion subsection (a) of such section 206, the as a result of revised EPA estimates. Administrator shall, within the limits of appropriated funds, allocate to each such qualified project the amount remaining, if any, of its total entitlement. Amounts allocated to projects which are later determined to be in excess of entitlement shall be available for reallocation, until expended, to other qualified projects under subsection (a) of such section The House-passed version of S. 1776 incorporates this provision. Because of the delay in promulgation of final regulations and confusion among States and local governments about eligibility under this pro gram, the Senate resolution extended | identify candidates for the top staff the deadline for filing applications positions. Part of those efforts culfor reimbursement from October 18, minated in a determination that Lt. 1973, to December 31, 1973. The Gen. Frederick J. Clarke, retired, House-passed version moves that ex- former Chief of the Corps of Entension to January 31, 1974. gineers, was the most qualified person presently available for the position of Executive Director. Because of the 2-year life of the Commission, General Clarke was reluctant to ac The Senate resolution provided for preliminary disbursement of funds to projects which could be quickly approved for reimbursement on the basis of available documentation, cept employment without proper perwithout waiting for final processing manent arrangements. His services of all projects. These advance pay- were then made available to the Comments would prevent disruption in mission under terms of a contract community plans and facilitate an with the engineering firm of orderly cash flow in the U.S. Govern- Tippetts-Abbett-McCarthy-Stratton. ment. The House-passed version re- The committee is pleased that the tains this provision. National Commission on Water QualThe House, in its consideration of ity was able to obtain General this legislation, added new language Clarke's services. He has dealt with amending section 315 of the Federal this committee many times on many Water Pollution Control Act. That issues and his record is exemplary. section created the National Commis- He has a long and distinguished recsion on Water Quality, composed of ord in solving complex water probfive Members of the Senate, five Mem-lems and brings this experitise to the bers of the House, and five presiden- vitally important work of the Comtially appointed members, to review mission. He is by any standards— and independently evaluate for Con- the best available person for this gress the economic, social and envi- job. The General Accounting Office, ronmental implications of the regu- however, advised that the contractual latory aspects of that act. The Commission report must be submitted to the Congress no later than October 18, 1975. arrangement presents legal difficulties because it results in a nonFederal employee supervising Federal employees. The GAO then advised The five Senate Members were des- Governor Rockefeller-the Chairman ignated on January 29, 1973; the of the National Commission on Water House Members on February 5, 1973; Quality-that an amendment to secand the public members on March 15, tion 315 would alleviate this prob1973. At the Commission's initial lem. The legislative change was recmeeting on May 15, Governor Rocke-ommended to the Committee on feller was elected Chairman and Public Works by the Chairman of the Congressman JONES and myself were Commission. elected Vice Chairmen. Our intention is that the exempFrom the initial meeting until the tion provided in this legislation is to present, the Commission, in response be used exclusively for the services to the conference committee charge of General Clarke as Executive Dithat the study must be funded, rector of that Commission. General staffed, and initiated with expedition, Clarke will do no work for his enhas been searching for competent staff to expedite the necessary studies. A concerted effort was made by all members of the Commission to gineering firm for compensation. He will receive no compensation from the engineering firm other than that stipulated in the contract between the National Commission on Water Qual- | treatment is no longer sufficient in ity and Tippetts-Abbett-McCarthy- all cases, and my State must now Stratton. Finally, that firm will do turn to advanced waste treatment to no work for the National Commis- keep our rivers in acceptable condision on Water Quality other than as provided under the current contract. S. 1776, as amended, also includes several technical amendments to correct oversights and incorrect references and are not substantive in nature. Mr. BENTSEN. Mr. President, I believe the compromise reached by the committee was the most equitable solution to a very complex and difficult problem. I had originally proposed, and the committee accepted, an allocation formula based 50 percent on population and 50 percent on table 1 of the "needs study" EPA submitted to the Congress in October. However, a review of the impact of this adjustment in the formula revealed that several States would be severely affected by the proposed change. The formula finally approved, which contains a 25-percent allocation based on population and 75 percent on table 1, is a temporary measure, designed to correct some of the imbalances in the straight EPA needs allocation, in the form it was submitted to the Congress. I should stress that I do not oppose a needs formula as the basis for allocating funds for wastewater treatment facilities; however, the needs test conducted by the EPA was incomplete and created distortions in the allocations of funds among the States. I was particularly concerned that the needs study did not place a proper emphasis on the need for advanced waste treatment. My own State, Texas, has required secondary treatment for some 40 years, because it is a water-poor State. Some of our rivers are composed in the summertime of a high percentage of return flows, or effluents. With ever-increasing population growth, secondary tion. The EPA needs study excluded the cost of advanced waste treatment in determining a State's need unless such treatment was required by legally binding Federal, State, or local actions taken prior to the conduct of the survey. In actual practice, this required a State permit reflecting advanced treatment, a court order, or an EPA-approved water quality management plan. At the time of the survey, only a small percentage of State permits required advanced waste treatment, and no EPAapproved water quality management plans existed. I strongly support committee actions requiring EPA to produce more acceptable criteria for determining actual State needs. This bill only changes the formula for 1 year; in the intervening year, we should have more adequate data upon which to base our judgments. I realize that the formula gives my State approximately $30 million less than the originally approved 5050 split between population and the EPA recommendation; however, in view of the dislocations that would occur in other States from correcting entirely the obviously unfair Texas situation, I support this compromise solution. Mr. MUSKIE. Mr. President, I move that the Senate concur in the House amendment. The PRESIDING OFFICER. The question is on agreeing to the motion to concur in the House amendment. Without objection, the motion is agreed to. Mr. MUSKIE. Mr. President, I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The second assistant legislative | for the quorum call be rescinded. clerk proceeded to call the roll. The VICE PRESIDENT. WithMr. MANSFIELD. Mr. President, I out objection, it is so ordered. ask unanimous consent that the order [p. S22974] 1.2r FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS, January 2, 1974, P.L. 93-243, 87 Stat. 1069. An Act To amend the Federal Water Pollution Control Act to establish the ratio for allocation of treatment works construction grant funds, to insure that grants may be given for other than operable units, and to clarify the requirements for development of priorities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) subsection (a) of section 205 of the Federal Water Pollution Control Act is amended by inserting immediately after the third sentence thereof the following new sentence: "For the fiscal year ending June 30, 1975, such ratio shall be determined one-half on the basis of table I of House Public Works Committee Print Numbered 93-28 and one-half on the basis of table II of such print, except that no State shall receive an allotment less than that which it received for the fiscal year ending June 30, 1972, as set forth in table III of such print.". (b) The last sentence of subsection (a) of section 205 of the Federal Water Pollution Control Act is amended by striking out "June 30, 1974," and inserting in lieu thereof "June 30, 1975,". SEC. 2. Section 203 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(d) Nothing in this Act shall be construed to require, or to authorize the Administrator to require, that grants under this Act for construction of treatment works be made only for projects which are operable units usable for sewage collection, transportation, storage, waste treatment, or for similar purposes without additional construction.". SEC. 3. Section 511 of the Federal Water Pollution Control Act is amended by adding at the end thereof the following new subsection: "(d) Notwithstanding this Act or any other provision of law, the Administrator (1) shall not require any State to consider in the development of the ranking in order of priority of needs for the construction of treatment works (as defined in title II of this Act), any water pollution control agreement which may have been entered into between the United States and any other nation, and (2) shall not consider any such agreement in the approval of any such priority ranking.". SEC. 4. Subsection (b) of section 516 of the Federal Water Pollution Control Act, as amended (86 Stat. 895), is amended by inserting "(1)" after "(b)"; by striking "(1)", "(2)”, “(3)", and "(4)" and inserting in lieu thereof "(A)", "(B)", "(C)”, and "(D)", respectively; and by adding the following new paragraph: "(2) Notwithstanding the second sentence of paragraph (1) of this subsection, the Administrator shall make a preliminary detailed estimate called for by subparagraph (B) of such paragraph and shall submit such preliminary detailed estimate to the Congress no later than September 3, 1974. The Administrator shall require each State to prepare an estimate of cost for such State, and shall utilize the survey form EPA-1, O.M.B. No. 158R0017, prepared for the 1973 detailed estimate, except that such estimate shall include all costs of compliance with section 201(g) (2) (A) of this Act and water quality standards established pursuant to section 303 of this Act, and all costs of treatment works as defined in section 212(2), including all eligible costs of constructing sewage collection systems and correcting excessive infiltration or inflow and all eligible costs of correcting combined storm and sanitary sewer problems and treating storm water flows. The survey form shall be distributed by the Administrator to each State no later than January 31, 1974.". Approved January 2, 1974. |