Page images
PDF
EPUB

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 atolishment 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

visory Board or to appoint a designee; to advise and consult with Board and receive recommendations from Board on matters of policy relating to the Secretary's activities and functions under the act; and to fix compensation of Board members at not in excess of $50 per day).

Section 1(c)(3) makes the Secretary of Health, Education, and Welfare an additional member of the Water Pollution Control Advisory Board. (Following the transfer of the Board to the Department of the Interior, the Secretary of Health, Education, and Welfare would no longer be a member of the Board, in the absence of this provision.)

Section 1(d) (1) transfers to the Department of the Interior the hearing boards provided for in sections 10(c)(4) and 10(f) of the act, including any boards so provided for which may be in existence on the effective date of this reorganization plan, together with their respective functions. (Hearing boards provided for in the act are appointed by the Secretary to conduct public hearings relative to water quality standards established by him and, subsequently, to determine remedial action taken by alleged polluters to abate pollution. They make findings and recommendations to the Secretary and form the basis for subsequent court action to abate pollution, in the absence of voluntary compliance.)

Section 1(d) (2) transfers to the Secretary of the Interior the functions of the Secretary of Health, Education, and Welfare under sections 10(c) (4) and 10(f) of the act. (The functions involved are authority to approve State waterquality criteria and plan for implementation and enforcement thereof; establishment of water-quality standards for interstate waters; appointing and convening hearing boards, relative to such standards and relative to compliance with abatement requirements, if remedial action is not taken; and transmitting the findings and recommendations of the hearing board to alleged polluters, specifying a reasonable time to secure abatement of the pollution.)

Section 1(d) (3) requires the Secretary of the Interior to give the Secretary of Health, Education, and Welfare an opportunity to select a member of each hearing board appointed pursuant to sections 10(c) (4) and 10(f) of the act.

Section 1(e) excepts from the foregoing transfers (1) the functions of the Secretary of Health, Education, and Welfare and the Assistant Secretary of Health, Education, and Welfare under clause 2 of the second sentence of section 1(b) of the Federal Water Pollution Control Act (functions involving public health aspects of water pollution control relating to radiological health, solid waste disposal, and interstate quarantine); and (2) so much of the functions of the Secretary of Health, Education, and Welfare under section 3(b) (2) of the act as relates to public health aspects. (The functions here involved are advising other Federal agencies on public health questions involved in determinations by such agencies of the need for and value of the inclusion of storage for regulation of stream flow for water quality control at Federal reservoirs.)

Section 1(f) transfers to the Secretary of Health, Education, and Welfare the functions of the Surgeon General of the Public Health Service under section 2(k) of the Water Quality Act of 1965 (Public Law 89-234). (Section 2(k) requires that the Surgeon General be consulted by the head of the Federal Water Pollution Administration on public health aspects relating to water pollution over which the head of the Administration has administrative responsibility. The plan would require consultation with the Secretary of Health, Education, and Welfare, instead of the Surgeon General.)

Section 1(f) provides further that within 90 days after this reorganization plan becomes effective, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall present to the President for his approval an interdepartmental agreement providing in detail for the implementation of the consultations provided for by section 2(k) of the Water Quality Act of 1965, referred to above; and that such interdepartmental agreement may be modified from time to time by the two Secretaries with the approval of the President.

Section 1(g) transfers to the Secretary of the Interior the functions of the Secretary of Health, Education, and Welfare under sections 2 (b), (c) and (g) of the Water Quality Act of 1965, provided that the Secretary of the Interior may exercise the authority transferred under section 2(b) only with the concurrence of the Secretary of Health, Education, and Welfare. (Section 2(b) of the Water Quality Act of 1965 provides for the voluntary transfer of commissioned officers of the Public Health Service to classified positions in the Water Pollution Control Administration, and authorizes them to acquire civil service status, provided such transfer occurs within 6 months of the effective date of the establishment of the Administration, or such further period as the Secretary of Health, Education, and Welfare may find necessary in individual cases. Section 1(g) of the plan would transfer the authority to extend the transfer period, in individual cases, to the Secretary of the Interior, but only with the concurrence of the Secretary of Health, Education, and Welfare. Sections 2(c) and 2(g) require the Secretary of Health, Education, and Welfare to protect the retirement benefits and compensation levels of such transferred Public Health Service commissioned officers. Section 1(g) of the plan would transfer these responsibilities to the Secretary of the Interior.)

Section 1(h) transfers to the Secretary of the Interior the functions of the Secretary of Health, Education, and Welfare under the following provisions of law :

(1) Section 702(a) of the Housing and Urban Development Act of 1965 (authority to certify to the Secretary of Housing and Urban Development that waste material carried by sewer facilities constructed with Federal grants made available under section 702 of the Housing and Urban Development Act of 1965 will be adequately treated before it is discharged into any public waterway to meet water-quality standards).

(2) Section 212 of the Appalachian Regional Development Act of 1965 (authority to make grants for the construction of sewage treatment works in the Appalachian region using funds under section 212 of the Appalachian Regional Development Act of 1965).

(3) Section 106 of the Public Works and Economic Development Act of 1965 (authority to certify that waste material carried by sewer or other waste disposal facilities constructed with Federal funds made available under title I of the Public Works and Economic Development Act of 1965 will be adequately treated before it is discharged into any public waterway

so as to meet water-quality standards). Section 2 establishes an additional Assistant Secretary of the Interior, appointed by the President, subject to Senate confirmation, to assist the Secretary of the Interior in the discharge of the functions transferred to him under the plan, and to perform such other duties as the Secretary shall from time to time direct.

Section 3 makes applicable to the functions transferred to the Secretary of the Interior under plan No. 2 of 1966, the provisions of sections 2 and 5 of plan No. 3 of 1950 (authorizing the Secretary of the Interior to delegate the performance of any of his functions to subordinates, and providing for incidental transfers of records, property, personnel, etc. within the Department).

Section 4(a) provides for the usual incidental transfers of 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, as the Director of the Bureau of the Budget shall determine shall be transferred to the Department and at such times as the Director shall direct.

Section 4(b) provides for any further measures and dispositions which the Director of the Bureau of the Budget deems necessary in order to effectuate the transfers referred to in section (a), in such a manner as he shall direct and by such agencies as he shall designate.

Section 4(c) provides that the 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. (These are referred to above under section 1(g).)

Section 5(a) abolishes that office of Assistant Secretary of Health, Education, and Welfare, which was established by section 1(b) of the Water Quality Act of 1965, to assist the Secretary of Health, Education, and Welfare in the performance of his responsibilities and functions under the Federal Water Pollution Control Act, as amended.

Section 5(b) requires the Secretary of Health, Education, and Welfare to make such provisions as he deems necessary to wind up any outstanding affairs of the Assistant Secretary whose office is abolished by the preceding subsection.

Eli E. NOBLEMAN,

Professional Staff Member. Approved :

JAMES R. CALLOWAY,
Chief Clerk and Staff Director.

APPENDIX A
SUMMARY OF FUNCTIONS TRANSFERRED AND NOT TRANSFERRED BY

REORGANIZATION PLAN No. 2 OF 1966
I. FUNCTIONS UNDER THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED

(33 U.S.C. 466 ET SEQ.), TRANSFERRED TO THE SECRETARY OF THE INTERIOR 1. The authority to administer the act.

2. The authority to direct and supervise the head of the Federal Water Pollution Control Administration (see sec. 1(b))."

3. The authority to appoint the head of the Administration and to fix his compensation (see sec. 2).

4. The authority to prepare or develop comprehensive programs for eliminating or reducing the pollution of interstate waters and tributaries thereof (see sec. 3(a)).

5. Authority to collect and disseminate information on pollution control re search, investigations, and demonstrations (see sec. 5(a)(1)).

6. Authority to make research and training and demonstration grants (see sec. 5(a) (2)).

7. Authority to hire consultants (see sec. 5(a) (3)). 8. Authority to establish and maintain research fellowships (see sec. 5(a) (4)). 9. Authority to train personnel regarding water pollution (see sec. 5(a) (5)).

10. Authority to conduct research and studies and investigations concerning specific problems of water pollution confronting State, interstate agency, communities, or industrial plants (see sec. 5(b)).

11. Authority to collect and disseminate basic data on chemical, physical, and biological water quality and other information relating to water pollution (see sec. 5(c)).

12. Authority to develop and demonstrate practicable means of treating sewage and other waterborne wastes, improved methods and procedures to identify and measure the effects of pollutants, and methods and procedures for evaluating the effects on water quality and water uses of augmented streamflows to control water pollution (see sec. 5(d)).

13. Authority to establish, equip, and maintain field laboratory and research facilities (see sec. 5(e)).

14. Authority to conduct research and technical development work and make studies on related problems of the Great Lakes (see sec. 5(f)).

15. Authority to make grants or enter into contracts to develop new or improved methods of controlling dischargs into waters from sewers which carry storm water or both storm water and sewage (see sec. 6).

16. Authority to make grants to aid the States in establishing and maintaining adequate measures for the control and prevention of water pollution (see sec. 7(a)).

17. Authority to approve State plans for the prevention and control of water pollution in making allotments for such grants (see sec. 7(f)).

18. Authority to make grants for the construction of waste treatment works (see sec. 8(b)).

19. Authority to make allotments to the States from funds made available for construction of waste treatment works (see sec. 8(c)).

20. Authority to make payments for such works (see sec. 8(e)).

21. Authority to obtain and receive the advice and recommendations of the Water Pollution Control Advisory Board and authority to fix the compensation of the Board members providing it does not exceed $50 per diem (see sec. 9).

22. Authority to approve State water-quality criteria and plan for the implementation and enforcement thereof (see sec. 10 (c)).

23. Authority to prepare and revise water-quality standards for interstate waters and to promulgate them (see sec. 10 (c)).

24. Authority to call a public hearing regarding water-quality standards (see sec. 10 (c) (4)).

25. Authority to carry out the enforcement provisions of the act (see sec. 10(d)).

26. Authority to issue regulations (see sec. 12(a)).
27. Authority to expend appropriations (see sec. 12(c)).

28. Authority to designate chairman of the Water Pollution Control Advisory Board (see sec. 9):

1 References are to sections in the Federal Water Pollution Control Act, as amended.

« PreviousContinue »