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Statements submitted for the record:
American Public Power, Alex Radin.
department of forests and water, presented by A. J. Somerville,
chief, water resources development engineer..
Sport Fishing Institute, Philip A. Douglas, executive secretary ...
Mississippi Valley Associations Water Resources Committee member-
benefits to New England, April 1961.--
Anderson, Hon. Clinton P., Senator from New Mexico.
O'Brien, Hon. Leo W., Representative from New York --
Resolutions submitted by-
Interstate Conference on Water Problems.
National Association of Attorneys General..
Communications from Governors listed by State:
Gov. John A. Love of Colorado...
Gov. John Dempsey of Connecticut.
Gov. John A. Burns of Hawaii..
Gov. Otto Kerner of Illinois ..
Gov. Matthew E. Welsh of Indiana..
Gov. Harold E. Hughes of Iowa---
Gov. John Anderson, Jr. of Kansas -
Gov. Edwart T. Breathitt of Kentucky
Gov. Endicott Peabody of Massachusetts
Gov. Karl F. Rolvaag of Minnesota -
Gov. John M. Dalton of Missouri..
Gov. Frank B. Morrison of Nebraska..
Gov. Grant Sawyer of Nevada ---
Gov. John W. King of New Hampshire.
Gov. Terry Sanford of North Carolina.
Gov. William Guy of North Dakota -
Gov. Mark O. Hatfield of Oregon.
Gov. Donald Russell of South Carolina.--
Gov. Archie Gubbrud of South Dakota.
Gov. Frank G. Clement of Tennessee.
Gov. George D. Clyde of Utah..
Gov. Philip H. Hoff of Vermont.-
Gov. John W. Reynolds of Wisconsin.
WATER RESOURCES PLANNING ACT
MONDAY, MARCH 23, 1964
HOUSE OF REPRESENTATIVES,
Washington, D.C. The subcommittee met at 2 p.m., pursuant to call, in the committee room, Longworth Building, Hon. Walter Rogers (chairman of the subcommittee) presiding.
Mr. ROGERS. T'he Subcommittee on Irrigation and Reclamation will come to order for the consideration of H.R. 3620, by Mr. O'Brien of New York, and S. 1111.
Both of these measures 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.
Now, it was the thinking of the gentleman from Colorado, the chairman of the full committee, Mr. Aspinall, that a statement should be made today in relation to the development of this legislation, and I think it well he suggested that, and the Chair will proceed to present the statement as it has been prepared by the chairman of the full committee.
The first bill to provide general authority for establishing river basin water resources planning commissions was introduced by Chairman Aspinall in January 1959. That legislation (H.R. 3704, 86th Cong.) was developed in the committee after a staff study of more than a year. The legislation was developed to meet a need that has been recognized at least since 1928 by various Presidential commissions, committees, executive departments and agencies, et cetera.
In addition to providing for establishing river basin planning commissions, H.R. 3704 also prescribed uniform methods to be followed by all Federal agencies in evaluating water resources projects.
All affected departments and agencies of the executive branch and every State in the Union were requested to report on H.R. 3704 in early February 1959. Ten months sater none of the executive agencies and very few of the States had submitted views on the legislation.
Further contact with the executive departments and agencies revealed the fact that the administration was having great difficulty developing a coordinated executive branch position on the legislation.
During 1960, further study was given to this legislation in both the committee and the executive branch, including meetings between Chairman Aspinall and the committee staff and Deputy Budget Director Staats and members of his staff.
The committee was advised that while the executive branch could not reach a coordinated position on the project evaluation provisions of H.R. 3704, the executive branch was in general agreement with that part of the bill to provide authority for establishing river basin commissions.
On January 16, 1961, as a result of these meetings and further study in the executive branch, the Director of the Bureau of the Budget transmitted proposed legislation to Congress. The legislation included only the matter of providing for the establishment of water resources commissions.
You will note from the date of submission that this legislation was recommended by the Eisenhower administration.
When the new administration took over, the legislation underwent further review within the executive branch, and as the result of this review and study, the legislation was expanded to include two additional matters that were before the Congress in separate measures.
One was the proposal to establish a means of coordination of water resources development at the highest level of Government, in the Office of the President, and the other was the proposal to provide financial assistance to States in order that they might play a greater role in the planning and development of their water resources. The administration combined these three proposals in one bill, and recommended this legislation to the Congress in July 1961. It was introduced as H.R. 8177 of the 87th Congress.
This committee held no hearings on H.R. 8177, although it was given considerable study. However, the Senate committee did hold hearings in July of 1961 on S. 2246, the Senate companion bill. During those hearings several groups expressed concern with certain provisions, and suggested amendments to the legislation. The Interstate Conference on Water Problems (an arm of the Council of State Governments), in particular, expressed concern that Federal jurisdiction over State water resources might be enlarged.
The Senate committee took no action on the legislation, but instead. directed its staff to work with the Council of State Governments and the departments to develop, language upon which agreement might be reached. S. 1111 as originally introduced was the result.
Now, without objection, the bill, S. 1111, will be included in the record at this point, with proper reference being made to the companion House bill, [I.R. 3620, and the bill will be followed by the reports from the several agencies of the executive branch that have been received, as requested. (Bills and reports referred to follow :)
[S. 1111, 88th Cong., 1st sess.) AN ACT 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 þy 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,
SECTION 1. This Act may be cited as the "Water Resources Planning Act”.
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 others 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 any interstate compact or 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, the Secretary of Health, Education, and Welfare, and the Chairman of the Federal Power Commission. The Chairman of the Council shall request the heads of other agencies to participate with the Council where 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 and prepare a biennial assessment 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 administrati 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 recom
mendations 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 Federal participants in the preparation of comprehensive regional or river basin plans and for the formulation and evaluation of Federal water and related land resources projects. Such procedures may include provision for Council revision of plans for Federal projects intended to be proposed in any plan or revision thereof being prepared by a river basin planning commission.
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, urban, 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
(a) recommend such modifications in such plan or revision as it deems desirable in the national interest; and
(b) 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 and fix the compensation of such personnel as it deems advisable, in accordance with the civil service laws and Classification Act of 1949, as amended; (5) 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; (6) purchase, hire, operate, and maintain passenger motor vehicles; and (7) 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 a majority of 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 nade 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 and related land 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 by the Council or by a State (1) defines the area, 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) is concurred in by the Council and by not less than one-half of the States within which portions of the basin or basins concerned are located : Provided, That for the purposes of this Act wherever a river basin has been divided into subbasins by an Act of Congress or by an interstate compact to which the consent of Congress has been given, each subbasin shall be treated as a separate basin. Such concurrences shall be in writing. 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 upon a finding of need recommend to the President that such planning as is otherwise authorized by law proceed.
(b) Each such commission for an area, 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 area, river basin, or group of river basins ;
(2) prepare and keep up to date, to the extent practicable a comprehensive, coordinated, joint plan for Federal, State, interstate, and local develop