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DELEGATION OF FUNCTIONS
SEC. 403. The Council is authorized to delegate to any member or employee of the Council its administrative functions under section 105 and the detailed administration of the grant program under title III.
UTILIZATION OF PERSONNEL
SEC. 404. The Council may, with the consent of the head of any other department or agency of the United States, utilize such officers and employees of such agency as are necessary to carry out the provisions of this Act.
SEC. 405. The Civil Service Commission of the United States is authorized to contract with any commission established under section 201 of this Act for coverage of the river basin commission's employees in the employee benefit pro grams of the Federal Government, as provided in section 205(a) (6) of this Act.
Passed the Senate December 4, 1963.
FELTON M. JOHNSTON,
[H.R. 3620, 88th 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 commission, 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 America in Congress assembled,
SEC. 1. This Act may be cited as the "Water Resources Planning Act of 1963".
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 on a comprehensive and coordinated basis with the cooperation of all affected Federal agencies, States, local governments, and other concerned.
EFFECT ON EXISTING LAWS
Sec. 3. Nothing in this Act shall be construed
(a) to expand or diminish either Federal or State jurisdiction, responsibility, or rights in the field of water resources planning, development, or control; nor to displace, supersede, or limit the jurisdiction or responsibility of any legally established joint or common agency of two or more States, or of two or more States and the Federal Government; nor to limit the authority of Congress to authorize and fund projects; nor to limit the use of other mechanisms, if preferred by the participating governmental units, in the water resources field;
(b) as superseding, modifying, or repealing existing laws applicable to the various Federal agencies which are authorized to develop or participate in the development of water and related land resources, or to exercise licensing or regulatory functions in relation thereto; nor to affect the jurisdiction, powers, or prerogatives of the International Joint Commission, United States and Canada, or of the International Boundary and Water Commission, United States and Mexico.
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 re
quest 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
(a) maintain a continuing study of the adequacy of supplies of water necessary to meet the water requirements in each water resource region in the United States and the national interest therein; and
(b) maintain a continuing study of the relation of regional or river basin plans and programs to the requirements of larger regions of the Nation, and of the adequacy of administrative and statutory means for the coordination of the water and related land resources policies and programs of the several Federal agencies; it shall appraise the adequacy of existing and proposed policies and programs to meet such requirements; and it shall make recommendations to the President with respect to Federal policies and
programs. SEC. 103. The Council shall establish, with the approval of the President, principles, standards, and procedures for the Federal participants in 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 review the plan or revision with special regard to
(1) the efficacy of such plan or revision in achieving optimum use of the water and related land resources in the area involved ;
(2) 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; and
(3) the contributions which such plan or revision will make in obtaining
the Nation's economic and social goals. Based on such review the Council shall
(4) recommend such modifications in such plan or revision as it deems desirable in the national interest; and
(5) transmit such plan or revision, including its recommendations 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 with his recommendations in
regard to authorization of Federal projects. 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 to declare the establishment of a river basin water resources commission upon request therefor by the Council, or request addressed to the Council by a State within which all or part of the basin or basins concerned are located if the request: (1) defines the region river basin, or group of related river basins for which a commission is requested; (2) is made in writing by the Governor or in such manner as State law may provide, or by the Council; and (3) has the written concurrence of the Council and not less than one-half of the States within which portions of the basin or basins concerned are located.
Whenever, within a reasonable time, sufficient concurrences by States are not obtained to effectuate a request of the Council that a commission be established, the Council may find that the national interest requires coordinated and comprehensive planning in the region, river basin, or group of river basins with respect to which it has made a request and shall, in the event of such finding, recommend to the President an alternative means of accomplishing such planning.
(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, interstate, and local plans for the development of water and related land resources in its region, river basin, or group of river basins;
(2 prepare a comprehensive, coordinated, joint plan for Federal, State, interstate, 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 such studies of water and related land resources problems in its region, river basin, or group of river basins as are necessary in the preparation of the plan described in clause (2) of this subsection.
MEMBERSHIP OF COMMISSIONS
Sec. 202. Each river basin commission shall be composed of members appointed as follows:
(a) A chairman appointed by the President who shall also serve as chairman and coordinating officer of the Federal members of the commission and who shall represent the Federal Government in Federal-State relations on the commission and 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 independent 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 independent agency.
(c) One member 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 the appointment of each such member shall be made in accordance with the laws of the State which he represents. In the absence of governing provisions of State law, such State members shall be appointed and serve at the pleasure of the Governor.
(d) One member appointed by any interstate agency 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.
(e) When deemed appropriate by the President, one member, who shall be appointed by the President, 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 ninety days after the President shall have declared the establishment of such commission, subject to the availability of funds for carrying on its work, and shall terminate within one year following the transmission of its plan to the Council in accordance with section 204(a) (3) of this Act. Upon such termination, all property, assets, and records of the commission shall thereafter be turned over to such agencies of the United States and the participating States as shall be appropriate in the circumstances.
(b) State members of each commission shall annually elect the vice chairman, who shall serve also as chairman and coordinating officer of the State members of the commission.
(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.
(d) Voting on the commission shall be only by the chairman, acting in behalf of the Federal members, and by the vice chairman, upon instruction from the State members.
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 and the Governor of each participating State a report on its work a least once each year. Such report shall be transmitted through the President to the Congress. After such transmission, copies of any such report shall be sent to the heads of such Federal, State, interstate, and international agencies as the President or the Governors of the participating States may direct;
(3) submit to the Council for transmission to the President and by him to the Congress, and the Governors and the legislatures of the participating States a comprehensive, coordinated, 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 submits such a plan or major revision to the Council, it shall transmit the proposed plan or revision to the head of each Federal department or agency, the Governor of each State, and each interstate agency, from which a member of the commission has been appointed, and to the head of the United States section of any international commission 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 agency, 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 agency, and United States section of an international commission shall be transmitted to the Council with the plan or revision.
(4) submit to the Council at the time of submitting such plan, any recommendations it may have for continuing the functions of the Commission and for implementing the plan.
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 departments and agencies of the United States; (4) employ such personnel as it deems advisable including consultants at rates not to exceed $100 per diem for individuals; (5) arrange for the services of personnel from any State or the United States or any subdivision or agency thereof, or any intergovernmental agency; (6) make arrangements, including contracts, with any participating government for inclusion in a suitable retirement and employee benefit system of such of its personnel as may not be eligible for or continuing in another governmental retirement or employee benefit system, or otherwise provide for such coverage of its personnel ; (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) The chairman of a river basin commission, or any member of such commission designated by the chairman thereof for the purpose, is authorized to administer oaths when it is determined by the commission that testimony shall be taken or evidence received under oath.
(c) To the extent permitted by law, all appropriate records and papers of each river basin commission shall be made available for public inspection during ordinary office hours.
(a) Upon request of the chairman of any river basin commission, or any number or employee of such commission designated by the chairman thereof for the purpose, the head of any Federal department or agency is authorized (1) to furnish to such commission 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 commission 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 chairman of each river basin commission shall be responsible for (1) the appointment and supervision of personnel employed by such commission, (2) the assignment of duties and responsibilities among such personnel, and (3) the use and expenditures of funds available to such commission. In carrying out the provisions of this subsection, the chairman shall be governed by the general policies of such commission with respect to the work to be accomplished by it and the timing thereof.
COMPENSATION OF COMMISSION MEMBERS
SEC. 206. (a) Any member of a river basin commission appointed pursuant to section 202 (b) and (e) of this Act, shall receive no additional compensation by virtue of his membership on the commission, but shall continue to receive, from appropriations made for the agency from which he is appointed, the salary of his regular position when engaged in the performance of the duties vested in the commission.
(b) Members of a commission, appointed pursuant to section 202(c) and (d) of this Act, shall each receive such compensation as may be provided by the States or the interstate agency respectively, which they represent.
(c) The per annum compensation of the chairman of each river basin commission shall be determined by the President, but when employed on a full-time annual basis shall not exceed the maximum scheduled rate for grade GS-18 of the Classification Act of 1949, as amended; or when engaged in the performance of the commission's duties on an intermittent basis such compensation shall be not more than $100 per day and shall not exceed $12,000 in any one year.
SEC. 207. (a) The commission shall prepare budgets which shall be transmitted to the States and, through the Council, to the President and to Congress. All moneys received, including Federal and State appropriations, shall be paid to the commission's account in the Treasury of the United States and shall be disbursed therefrom pursuant to the commission's direction.