The reorganization plan maintains a proper and effective role for the Department of Health, Education, and Welfare with respect to the health aspects of pollution. At the same time it places in the Department of the Interior all of the necessary tools to move forward and drive to clean America's waters.

The reorganization plan herewith transmitted will transfer to the Secretary of the Interior the functions of the Department of Health, Education, and Welfare under the Federal Water Pollution Control Act except for responsibilities relating to public health for which the Department of Health, Education, and Welfare has special competence. That Department will retain responsibility under section 3(b) of the act for advising on public health questions involved in determinations by Federal agencies of the need for and value of the inclusion of storage for water quality control in Federal reservoirs. The Federal Water Pollution Control Administration would be transferred to the Department of the Interior.

The Secretary of the Interior in administering the act will also be required to consult with the Secretary of Health, Education, and Welfare on public health aspects relating to water pollution. This consultative responsibility is now vested in the Surgeon General by section 2 (k) of the Water Quality Act of 1965. The plan transfers that responsibility to the Secretary of Health, Education, and Welfare. The Water Pollution Control Advisory Board and the hearing boards provided for in the act would be transferred to the Department of the Interior, together with their respective functions. The reorganization plan also makes the Secretary of Health, Education, and Welfare a member of the Advisory Board and gives him the opportunity to select a member of each hearing board.

The reorganization plan would in no way impair the rights and benefits of commissioned officers of the Public Health Service who may transfer to the Water Pollution Control Administration.

The reorganization to be accomplished by the plan transmitted herewith will enable the Federal Government to organize for action against pollution on a river basin basis under the unified leadership of the Secretary of the Interior.

After investigation, I have found and hereby declare that each reorganization included in the accompanying reorganization plan is necessary to accomplish one or more of the purposes set forth in section 2 (a) of the Reorganization Act of 1949, as amended. I have also found and hereby declare that it is necessary to include in the accompanying reorganization plan, by reason of the reorganizations made thereby, provision for the membership of the Secretary of Health, Education, and Welfare on the Water Pollution Control Advisory Board and for the appointment and compensation of an additional

Assistant Secretary of the Interior. The rate of compensation fixed for that officer is that which I have found to prevail in respect of comparable officers in the executive branch of the Government.

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The reorganizations provided for in the reorganization plan transmitted herewith will produce significant long-range savings and economies by reason of the efficiencies in organization and in the elimination of duplication of effort it will bring about. It is, however, impracticable to specify or itemize at this time the reductions of expenditures which it is probable will be brought about by the taking effect of the reorganizations included in the reorganization plan. I recommend that the Congress allow the accompanying plan to become effective.

THE WHITE HOUSE, February 28, 1966.

LYNDON B. JOHNSON.

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1.29 RIVER AND HARBOR ACT OF 1910

33 U.S.C. §421 (1910)

33 §421. Deposit of refuse, etc., in Lake Michigan near Chicago

It shall not be lawful to throw, discharge, dump, or deposit, or cause, suffer, or procure, to be thrown, discharged, dumped, or deposited, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into Lake Michigan, at any point opposite or in front of the county of Cook, in the State of Illinois, or the county of Lake in the State of Indiana, within eight miles from the shore of said lake, unless said material shall be placed inside of a breakwater so arranged as not to permit the escape of such refuse material into the body of the lake and cause contamination thereof; and no officer of the Government shall dump or cause or authorize to be dumped any material contrary to the provisions of this section: Provided, however, That the provisions of this section shall not apply to work in connection with the construction, repair, and protection of breakwaters and other structures built in aid of navigation, or for the purpose of obtaining water supply. Any person violating any provision of this section shall be guilty of a misdemeanor, and on conviction thereof shall be fined for each offense not exceeding $1,000.

June 23, 1910, c. 359, 36 Stat. 593.

1.29a RIVER AND HARBOR ACT OF 1910

June 23, 1910, P.L. 61-245, 36 Stat. 593

CHAP. 359.-An Act To prevent the dumping of refuse material in Lake Michigan at or near Chicago.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That it shall not be lawful to throw, discharge, dump, or deposit, or cause, suffer, or procure, to be thrown, discharged, dumped, or deposited, any refuse matter of any kind or description whatever other than that flowing from streets and sewers and passing therefrom in a liquid state into Lake Michigan, at any point opposite or in front of the county of Cook, in the State of Illinois, or the county of Lake in the State of Indiana, within eight miles from the shore of said lake, unless said material shall be placed inside of a breakwater so arranged as not to permit the escape of such refuse material into the body of the lake and cause contamination thereof; and no officer of the Government shall dump or cause or authorize to be dumped any material contrary to the provisions of this Act: Provided, however, That the provisions of this Act shall not apply to work in connection with the construction, repair, and protection of breakwaters and other structures built in aid of navigation, or for the purpose of obtaining water supply. Any person violating any provision of this Act shall be guilty of a misdemeanor, and on conviction thereof shall be fined for each offense not exceeding one thousand dollars.

Approved, June 23, 1910.

1.29a(1) HOUSE COMMITTEE ON INTERSTATE AND

FOREIGN COMMERCE

H. R. REP. No. 1120, 61st Cong., 2d Sess. (1910)

TO PREVENT DUMPING OF REFUSE MATERIAL INTO LAKE MICHIGAN

APRIL 26, 1910.-Referred to the House Calendar and ordered to be printed.

Mr. STEVENS, from the Committee on Interstate and Foreign Commerce, submitted the following

REPORT:

[To accompany H. R. 18700.]

The Committee on Interstate and Foreign Commerce, to which was referred the bill (H.R. 18700) to prevent the dumping of refuse material in Lake Michigan at or near Chicago, having considered the same, beg leave to report the bill back with a recommendation that it be amended by inserting after the word "act," where it first occurs in line 1, page 2, the following:

Provided, however, That the provisions of this act shall not apply to work in connection with the construction, repair, and protection of breakwaters and other structures built in aid of navigation, or for the purpose of obtaining water supply.

As thus amended the committee recommend that the bill do pass. The statement is made by the health authorities of the city of Chicago that at the present time about 2,000,000 cubic yards of material are dumped each year in Lake Michigan contiguous to Chicago, Hammond, Whiting, and East Chicago. A part of this is dredging done under contract between the United States, through the engineer office of the War Department, and dredging contractors. A part of it is done under contracts of various sorts between various people. Some of it is removed from water courses, placed on boats, and dumped in the lake. Most of it is removed from the land to boats and dumped into the lake for reasons of cheapness of disposition. A part of it represents trade waste so unpleasant that land disposition is objected to.

This material is dumped in areas in the lake established by the War Department engineer office. The two areas so designated are 1,000 feet offshore, opposite Fourteenth to Thirty-ninth streets, in

12 feet of water, and offshore near the mouth of the Calumet River. The authority for the establishment of such dumps is set forth in the law as interpreted by Attorney-General Griggs under date of December 4, 1899. These locations were made some years ago and

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were determined upon after various conferences between the authorities representing the city of Chicago and the engineer office of the War Department.

The consideration responsible for the selection of these grounds on the part of the engineer office was economy of disposition. The consideration responsible for the acquiescence of the city of Chicago was that the sewers of the city were at that time emptying into Lake Michigan at various points along the shore from Evanston to Indiana Harbor; that therefore all of the water close inshore was polluted at that time, and that to further pollute that which was already polluted was better than to pollute waters which were free from pollution.

These dumping grounds having been established by the United States Government, and control of them being vested in the Government, they are made use of by other parties who deposit material in bulk in excess of that deposited by the Government, and much more offensive. In fact, there is no present proper control by which material of any character could be excluded from such dumping grounds.

In the last three years conditions have changed. No Chicago sewage now goes into Lake Michigan within miles of the Fourteenth to Thirty-ninth streets dumping ground in any direction. The shallow shore waters off the city are not materially polluted, as the character of the banks does not lead to the discharge of storm water into the lake.

We have, then, the south side dumping polluting waters which are relatively free from pollution. Many analyses demonstrate the truth of this statement. The Calumet dumping is done sometimes within 1,000 feet of the Hammond intake. When the wind is from the west most of this pollution is swept directly to the intakes of Hammond, East Chicago, and Whiting. When it is from the east it is swept directly to the Sixty-eighth street intake. Abundant analyses prove the truth of these statements.

The municipalities of northern Indiana located on Lake Michigan are planning to take care of their sewage. Their typhoid death rate is very high. They are meeting with some opposition from people who oppose the necessary expenditures, because it will be rendered. futile by the dumping allowed by the Government. If this dumping ground is so placed as to be safe for the people of northern Indiana