tary of Health, Education, and Welfare. Within 90 days after this reorganization plan becomes effective, the Secretary of the Interior and the Secretary of Health, Education, snd Welfare shall present to the President for his approval an interdepartmental agreement providing in detail for the implementation of the consultations provided for by said section 2(k). Such interdepartmental agreement may be modified from time to time by the two Secretaries with the approval of the President.

(g) The functions of the Secretary of Health, Education, and Welfare under sections 2 (b), (c), and (g) of the Water Quality Act of 1965 are hereby transferred to the Secretary of the Interior: Provided, That the Secretary of the Interior may exercise the authority to provide further periods for the transfer to classified positions in the Federal Water Pollution Control Administration of commissioned officers of the Public Health Service under said section 2(b) only with the concurrence of the Secretary of Health, Education, and Welfare.

(h) The functions of the Secretary of Health, Education, and Welfare under the following provisions of law are hereby transferred to the Secretary of the Interior:

(1) Section 702(a) of the Housing and Urban Development Act of 1965 (79 Stat. 490).

(2) Section 212 of the Appalachian Regional Development Act of 1965 (79 Stat. 16).

(3) Section 106 of the Public Works and Economic Development Act of 1965 (79 Stat. 554).

SEC. 2. ASSISTANT SECRETARY OF THE INTERIOR.-There shall be in the Department of the Interior one additional Assistant Secretary of the Interior, who shall be appointed by the President, by and with the advice and consent of the Senate, who shall, except as the Secretary of the Interior may direct otherwise, assist the Secretary in the discharge of the functions transferred to him hereunder, who shall perform such other duties as the Secretary shall from time to time prescribe, and who shall receive compensation at the rate now or hereafter prescribed by law for Assistant Secretaries of the Interior.

SEC. 3. PERFORMANCE OF TRANSFERRED FUNCTIONS.-The provisions of sections 2 and 5 of Reorganization Plan No. 3 of 1950 (64 Stat. 1262) shall be applicable to the functions transferred hereunder to the Secretary of the Interior to the same extent as they are applicable to the functions transferred to the Secretary thereunder.

SEC. 4. INCIDENTAL PROVISIONS. (a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds, employed, used, held, available, or to be made available in connection with the functions transferred to the Secretary of the Interior or the Department of the Interior by this reorganization plan as the Director of the Bureau of the Budget shall determine shall be transferred to the Department of the Interior at such time or times as the Director shall direct.

(b) Such further measures and dispositions as the Director of the Bureau of the Budget shall deem to be necessary in order to effectuate the transfers referred to in subsection (a) of this section shall be carried out in such manner as he shall direct and by such agencies as he shall designate.

(c) This reorganization plan shall not impair the transfer rights and benefits of commissioned officers of the Public Health Service provided by section 2 of the Water Quality Act of 1965.

SEC. 5. ABOLITION OF OFFICE. (a) There is hereby abolished that office of Assistant Secretary of Health, Education, and Welfare the incumbent of which is on date of the transmittal of this reorganization plan to the Congress the Assistant Secretary of Health, Education, and Welfare designated by the Secretary of Health, Education, and Welfare under the provisions of section 1(b) of the Act.

(b) The Secretary of Health, Education, and Welfare shall make such provisions as he shall deem to be necessary respecting the winding up of any outstanding affairs of the Assistant Secretary whose office is abolished by subsection (a) of this section.

STAFF MEMORANDUM No. 89-2-9

SENATE COMMITTEE ON GOVERNMENT OPERATIONS, March 21, 1966. Subject: Reorganization Plan No. 2 of 1966, providing for reorganization of certain water pollution control functions.

Reorganization Plan No. 2 of 1966 was submitted by the President to the Congress on February 28, 1966. Unless disapproved by a majority vote of either House of the Congress, it will become effective on April 29, 1966.

This memorandum sets forth the stated purpose of Reorganization Plan No. 2, the present Federal water pollution control program and its administration, and an analysis of the provisions of the plan. Attached hereto, as appendixes, are (1) a summary of functions transferred and not transferred by the plan (app. A); (2) a summary of major programs and activities authorized by the Federal Water Pollution Act, as amended to October 2, 1965 (app. B); (3) the background and legislative history of Federal actions to enhance the quality of the Nation's water resources through control and abatement of water pollution (app. C).

PURPOSE OF THE PLAN

The stated purpose of Reorganization Plan No. 2 of 1966 is to centralize in one agency-the Department of Interior-all of the authority and responsibility for water pollution control. The plan seeks to accomplish this objective by transferring to the Secretary of the Interior all of the functions now vested in the Secretary of Health, Education, and Welfare under the Fedreal Water Pollution Control Act, as amended, with the exception of certain public health functions, and by transferring the Federal Water Pollution Control Administration and the Water Pollution Control Advisory Board from the Department of Health, Education, and Welfare to the Department of the Interior. Finally, it would establish a new position of Assistant Secretary of the Interior to assist the Secretary of the Interior in the discharge of the transferred functions, and abolish a similar position in the Department of Health, Education, and Welfare.

THE PRESIDENT'S MESSAGES

In the President's message on the quality of our environment, transmitted to the Congress on February 23, 1966, he reviewed the general problem of water pollution, the work which has been accomplished to control and abate it, and programs which he will propose in the future. In discussing the role of the Federal Government in what is referred to as the "Clean rivers demonstration program," the President stated:

"To administer the program most effectively, we must reorganize the Federal effort. In the past, the Federal antipollution effort has been organizationally separate from water conservation and use programs.

"One agency should assume leadership in our clean water effort.

"That agency should be the Department of the Interior."

In his message transmitting plan No. 2 to the Congress, the President stated that our waters are burdened with blight, every river system in America suffers from some degree of pollution, and this menace is growing more serious with every passing day. After noting that we have just begun to take steps to clean and restore our water, the President stated:

"The attack against water pollution should be unified and coordinated.

"It should be carried forward as an integral part of comprehensive planning for the development of river basins.

"But, most importantly, the Government's management structure must be strengthened and reshaped to meet the challenges that lie ahead."

The President further stated:

"The Department of the Interior, for many years, has been concerned with the comprehensive management and development of the Nation's water resources. "It plans, constructs, and operates multiple-purpose water and related land resources projects.

"It carries on research and development in the removal of minerals from water.

"It administers the Water Resources Research Act.

"The Secretary of the Interior also serves as chairman of the Water Resources Council responsible for coordinating river basin planning. Under the Clean

Rivers Restoration Act of 1966 and other legislation which I have recently proposed, the Secretary will become the focal point for Federal efforts in this area. "It is wise management to place under his control the related resources and authority now in the Department of Health, Education, and Welfare.

"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 the 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. *

He noted further that the plan "would in no way impair the rights and benefits of commissioned officers in the Public Health Service who may transfer to the Water Pollution Control Administration," and concluded that:

"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."

PRESENT FEDERAL WATER POLLUTION CONTROL PROGRAM
ACTIVITIES AND ADMINISTRATION

GENERAL

The national water pollution control program has as its primary objective, the enhancement of the quality and value of the Nation's water resources. Experience has demonstrated that this can only be achieved by preventing, controlling, and abating water pollution. The Federal Water Pollution Control Act, as amended (33 U.S.C. 466, et seq.), is the basic statutory authority for the activities of the Federal Government and the Department of Health, Education, and Welfare in the field of water pollution control and establishes a national policy for the prevention, control, and abatement of water pollution. It authorizes the administration and conduct of programs designed to achieve the national water quality goal by providing authority for Federal technical and financial assistance as well as for enforcement procedures and actions to abate pollution of interstate or navigable waters.

First enacted in 1948, as a 5-year, experimental program (Public Law 845, 80th Cong.), and extended until 1956, the act was replaced by a permanent, comprehensive program by Public Law 660, 84th Congress, and was subsequently strengthened and extended in coverage by the Federal Water Pollution Act amendment of 1961 (Public Law 87-88) and the Water Quality Act of 1965 (Public Law 89-234).

As it has evolved over the past 18 years, the Federal Water Pollution Control Act provides for a comprehensive, permanent Federal program for the control, prevention, and abatement of water pollution by means of technical and financial assistance to States, municipalities, local governments, and communities to assist them in finding better ways of combating and preventing pollution; grants to communities to assist them in the construction of sewage treatment works; the establishment and enforcement of water quality standards; the operation of research facilities, both in Washington and at various field establishments; and the development of comprehensive river basins programs.

ORGANIZATION AND ADMINISTRATION

The act provides that it shall be administered by the Secretary of Health, Education, and Welfare, through the Federal Water Pollution Administration, with the assistance of an Assistant Secretary designated by the Secretary, and specifies that the Secretary shall be responsible for the supervision and direction of the head of the Water Pollution Control Administration, as well as for the administration of all other functions of the Department related to water pollution. The head of the Administration is authorized to delegate any of his functions to, or otherwise authorize their performance by, any officer or employee of, or assigned or detailed to, the Administration.

62-106 0-66-2

Provision is made for the voluntary transfer of commissioned officers of the Public Health Service to civil-service status and for the protection of their benefits, provided such transfer occurs within 6 months of the effective date of the establishment of the Administration, or such further period as the Secretary may find necessary in individual cases. The act also established a Water Pollution Control Advisory Board in the Department of Health, Education, and Welfare, composed of the Secretary, or his designee, as chairman, and nine additional members appointed by the President, none of whom can be Federal officers or employees. The function of the Board is to advise, consult with, and make recommendations to the Secretary on matters of policy relating to his activities and functions under the act.

Through delegations of the Secretary's authority, many of these functions, as well as the operating programs, have been performed by the Surgeon General and the Public Health Service. Within the Public Health Service, these functions and programs have been conducted and administered by the Division of Water Supply and Pollution Control, which functions organizationally as a component division of the Bureau of State Services.

SUMMARY OF ADMINISTRATIVE DEVELOPMENTS

Since the enactment of the Federal Water Pollution Control Act in 1948, responsibility for the administration of the programs provided for therein, as well as related control and abatement activities, have been centered first in the Surgeon General and the Public Health Service, and subsequently in the Secretary of Health, Education, and Welfare.

With each major amendment of the basic statute, which was completely revised and made permanent in 1956, greater responsibilities and additional functions have been vested in the Secretary of Health, Education, and Welfare, and increasingly greater amounts of money have been authorized for research, training, development, and construction in connection with water pollution control. The extended and broadened program reached its pinnacle with the enactment, in the first session of the 89th Congress, of the Water Quality Act of 1965. Under this act, the major provisions of which amended the Federal Water Pollution Control Act, effective December 31, 1965, the administration of all Federal water pollution control activities was centered in the newly created Federal Water Pollution Control Administration, administered by a separate head, under the direct supervision of the Secretary of Health, Education, and Welfare, and a new position of Assistant Secretary was created to assume primary responsibility.

As previously indicated, Reorganization Plan No. 2 provides for the transfer to the Secretary of the Interior of all of the functions now vested in the Secretary of Health, Education, and Welfare under the Federal Water Pollution Control Act, as amended, with the exception of certain public health functions, as well as certain water pollution functions of the Secretary of Health, Education, and Welfare under other statutes. It further provides for the transfer to the Department of the Interior from the Department of Health, Education, and Welfare of the Federal Water Pollution Control Administration and the Federal Water Pollution Advisory Board. Finally, it provides for the establishment of a new position of Assistant Secretary of the Interior to assist the Secretary in handling the transferred functions and for the abolishment of a similar position in the Department of Health, Education, and Welfare.

PROVISIONS OF THE PLAN

Reorganizations proposed by plan No. 2

Section 1(a) transfers to the Secretary of the Interior all the functions of the Secretary of Health, Education, and Welfare under the Federal Water Pollution Act (33 U.S.C. 466, et seq.), including all functions of other officers or of employees or agencies, of the Department under the act, except as otherwise provided in section 1. (A complete list of the functions transferred as well as those retained by the Secretary of Health, Education, and Welfare involved is attached hereto as appendix A.)

Section 1(b) transfers the Federal Water Pollution Control Administration to the Department of the Interior.

Section 1 (c) (2) transfers to the Secretary of the Interior the functions of the Secretary of Health, Education, and Welfare (including his designee) under section 9 of the act (to serve as Chairman of the Water Pollution Control Ad