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II. FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF THE INTERIOR
1. The Water Pollution Control Advisory Board and its functions (see sec. 9).
2. The hearing boards and their functions relating to water-quality standards and enforcement (see sec. 10 (C) (4)).
3. The Water Pollution Control Administration (see sec. 2).
4. The plan establishes a position of Assistant Secretary of the Interior and abolishes such a position in the Department of Health, Education, and Welfare (see sec. 1(b)).
III. OTHER FUNCTIONS TRANSFERRED TO THE SECRETARY OF THE INTERIOR
1. 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 (79 Stat. 490) will be adequately treated before it is discharged into any public waterway to meet water-quality standards.
2. Authority to certify that waste material carried by sewer or other waste disposal facilities constructed with Federal funds made available under tile I of the Public Works and Economic Development Act of 1965 (79 Stat. 552) will be adequately treated before it is discharged into any public waterway so as to meet water-quality standards.
3. 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 (79 Stat. 16).
4. Authority to extend, in individual cases, the period during which certain Public Health Service officers may transfer to the Federal Water Pollution Control Administration. The Secretary of Health, Education, and Welfare must concur in this extension (see sec. 2(b) of the Water Quality Act of 1965 (79 Stat. 904)).
5. Authority relating to retirement credit and compensation for transferred Public Health Service officers (see sec. 2 (c) and (g) of the Water Quality Act of 1965).
IV. FUNCTIONS NOT TRANSFERRED TO THE SECRETARY OF THE INTERIOR OR THE
DEPARTMENT OF THE INTERIOR BY REORGANIZATION PLAN NO. 2
1. All functions of the Secretary of Health, Education, and Welfare and the Surgeon General under section 301 of the Public Health Service Act, as amended (42 U.S.C. 241), relating to research, investigations, experiments, demonstrations, and studies relating to the causes, diagnosis, treatment, control and prevention of physical and mental diseases and impairments of man, including water purification, sewage treatment, and pollution of lakes and streams.
2. Other functions of the Secretary relating to the public health aspects of water pollution control which are involved in programs such as radiological health, solid waste disposal, and interstate quarantine (see sec. 1(b) (2) of the Federal Water Pollution Control Act, as amended).
3. The functions of the Secretary of Health, Education, and Welfare relative to the health aspects of the need for and value of the inclusion of storage for regulation of streamflow for water-quality control at Federal reservoirs (see sec. 3(b) of the Federal Water Pollution Control Act, as amended).
SUMMARY OF MAJOR PROGRAMS AND ACTIVITIES AUTHORIZED BY THE FEDERAL
WATER POLLUTION CONTROL ACT, AS AMENDED TO OCTOBER 2, 1965
The major activities provided for under the act are:
1. Federal-State cooperation in the development of comprehensive programs for the control of water pollution.
2. Encouragement by the Secretary of Health, Education, and Welfare of interstate cooperation and uniform State laws with respect to the control and prevention of water pollution.
3. Conduct of technical assistance, research, training and information activities in the field of water pollution control by requiring the Secretary, in cooperation with appropriate public (Federal, State, interstate or local) authorities, agencies, and institutions (both public and private), (a) to conduct, encourage, and promote the coordination of research, investigations, experiments, demonstrations, and studies in water pollution control and, for this purpose, to secure the assistance of experts and consultants, to establish research fellowships and to provide training in technical matters relating to water pollution; (b) to cooperate with and to aid appropriate agencies, institutions, and individuals in this field of work through grants and contracts with them for research, demonstrations and training; and (c) in carrying out these functions, to collect and disseminate information on research, investigations, and demonstrations.
4. Establishment, equipment and maintenance by the Secretary of field laboratories and research facilities in various specified regions of the Nation; and the conduct of research, technical development work, and studies of the present and projected quality of the waters of the Great Lakes under varying conditions of waste treatment and disposal.
5. Authorization of grants to States, municipalities, intermunicipal or interstate agencies, for research and development, for the purpose of assisting in the development of any project which will demonstrate new or improved methods of controlling the discharge into any waters of untreated or inadequately treated sewage or other wastes from storm or storm water sewers, by contract with public or private agencies, institutions and individuals.
6. Authorization of grants to States and interstate agencies for water pollution control programs to aid in the establishment of adequate measures for the prevention and control of water pollution; such grants are to be used for meeting costs, under approved plans, of establishing and maintaining adequate water pollution prevention and control measures, and subject to various conditions and requirements.
7. Authorization of grants to States, municipalities, intermunicipal or interstate agencies for the construction of necessary municipal waste treatment works.
8. Establishment of a Water Pollution Control Advisory Board, described above, to advise, consult with and make recommendations to the Secretary concerning water pollution control policy.
9. Authorization of a cooperative program for the control of pollution from Federal installations.
10. Authorization to the Secretary to establish water quality standards for interstate waters, or portions thereof, and adopt plans for their implementation and enforcement, but the Secretary's authority to act with respect to interstate waters within a State is limited to cases in which there has been no satisfactory State action; provision is made for notice and public hearings with respect to quality standards, before hearing boards, composed of at least five members, including representatives of the Federal and State Governments, appointed by the Secretary, but a minority may not be employees of the Department of Health, Education, and Welfare.
11. Federal enforcement procedures to abate water pollution by conference, public hearings and court action, involving pollution of both interstate and navigable waters, as well as intrastate waters, under certain circumstances ; hearing boards, constituted and composed as above, are required for initial findings and recommendations.
12. Procedures provided for with respect to both establishment and enforcement of water quality standards as well as abatement meet all of the requirements of the Administrative Procedure Act.
BACKGROUND AND LEGISLATIVE HISTORY OF FEDERAL ACTIONS TO
CONTROL AND ABATE WATER POLLUTION
Until the enactment, in 1948, of the basic Water Pollution Control Act, the Federal role in water pollution was limited to three acts: the Rivers and Harbors Act of 1899 (30 Stat. 1152), the Public Health Service Act of 1912 (37 Stat. 309), and the Oil Pollution Act of 1924 (43 Stat. 604).
A section of the Rivers and Harbors Act of 1899 prohibited the discharge or deposit into any navigable waters of any refuse matters except that which flowed in a liquid state from streets and sewers. This provision, designed prin rily
to prevent impediments to navigation, constituted the first specific Federal water pollution control legislation. The Public Health Service Act of 1912 contained provisions authorizing investigations of water pollution related to the diseases and impairments of man and directed attention, for the first time, to human health factors in water pollution. The Oil Pollution Act of 1924 was enacted to control oil discharges in coastal waters damaging to aquatic life, harbors and docks, and recreational facilities.
Efforts to obtain comprehensive Federal water pollution control legislation continued and were almost successful in 1936, 1938, and 1940. These efforts were interrupted by World War II, but were renewed in 1947, and culminated in the enactment by the 80th Congress of the Water Pollution Control Act of 1948 (Public Law 845, 80th Cong.).
THE FEDERAL WATER POLLUTION CONTROL ACT OF 1948
This act authorized the Surgeon General to assist and encourage State studies and programs to prevent and abate pollution of interstate waters, including enactment of uniform State pollution control laws and adoption of interstate pollution control contracts. The act also (1) authorized pollution research programs; (2) directed the Department of Justice, with State consent, to institute court action to require an individual or firm to cease practices causing pollutions; and (3) created a Water Pollution Control Advisory Board. Finally, the 1948 act provided for total annual apropriations of $27.8 million for 5 fiscal years (1949–53) for the following specific purposes : (1) $22.5 million a year for lowinterest Federal loans to States, municipalities and interstate agencies for construction of sewage and waste treatment works, with individual loans limited to $250,000 or one-third of the cost of the proposed project, whichever was less (no money was ever appropriated under this authorization and it lapsed unused); (2) $1 million annually for grants to the States for pollution studies; (3) $1 million annually for one-third of cost grants to States and municipalities to aid them in drafting plants for construction of water pollution control projects; (4) $800,000 annually for the construction of Public Health Service water pollution research facilities; and (5) $2 million annually for administrative costs of the Public Health Service and the Federal Security Agency.
The act was experimental and limited to a 5-year period, after which it was to be reviewed and revised on the basis of experience.
FEDERAL WATER POLLUTION CONTROL ACT OF 1956 Comprehensive water pollution control legislation of a permanent nature was enacted by the 84th Congress (the Federal Water Pollution Control Act, Public Law 660, 84th Cong.), which extended and strengthened the 1948 act which had expired on June 30. 1956.
The 1956 act provided that it was to be administered by the Surgeon General of the Public Health Service under the supervision and direction of the Secretary of Health, Education, and Welfare.
In summary, it authorized the Surgeon General to study pollution, cooperate with groups to develop control programs, and promote pollution research by direct operations as well as grants. Specifically, the act
(1) Reaffirmed the policy of the Congress to recognize, preserve and protect the primary responsibilities and rights of the States in preventing and controlling water pollution;
(2) Authorized continued Federal-State cooperation in the development of comprehensive programs for the control of water pollution by requiring the Surgeon General to assist States in preparing comprehensive programs for the elimination and reduction of pollution of interstate waters and tributaries thereof;
(3) Authorized increased technical assistance to States and intensified and broadened research by using the research potential of universities and other institutions outside of Government;
(4) Authorized collection and dissemination of basic data on water quality relating to water pollution prevention and control;
(5) Directed the Surgeon General to continue to encourage interstate compacts and uniform State laws;
(6) Authorized grants to States and interstate agencies up to $3 million a year for the next 5 years for water pollution control activities;
(7) Authorized Federal grants of $50 million a year (up to an aggregate of $500 million) for the construction of municipal sewage treatment works, the amount for any one project not to exceed 30 percent of cost, or $250,000, whichever is smaller;
(8) Modified and simplified procedures governing Federal enforcement and abatement actions against interstate pollution which included conference, public hearing, administrative direction and finally, with the consent of the States involved, to request the Attorney General of the United States to bring suit on behalf of the United States.
(9) Established and authorized the appointment of a Water Pollution Advisory Board in the Public Health Service, composed of the Surgeon General or a sanitary engineer designated by him, who was to be Chairman, and nine members appointed by the President, none of whom were to be Federal officers or employees. The Board's function was to advise, consult with and make recommendations to the Surgeon General on matters of policy relating to his activities and functions under the act; and
(10) Authorized a cooperative program to control pollution from Federal installations.
FEDERAL WATER POLLUTION CONTROL ACT AMENDMENTS OF 1961 The 1961 amendments to the Federal Water Pollution Control Act (Public Law 87-88) represented an effort to provide a still more effective program of water pollution control and assigned to the Secretary and the Department of Health, Education, and Welfare the primary Federal responsibility for water pollution control. Its major provisions
(1) Transferred all of the authority for administration of the various programs, functions and activities provided for in the act from the Surgeon General to the Secretary of Health, Education, and Welfare;
(2) Established the nine-member Water Pollution Control Advisory Board in the Department of Health, Education, and Welfare, to be headed by the Secretary or his designee;
(3) Extended Federal authority to enforcement abatement of interstate pollution of interstate, coastal or navigable waters, but required the permission of the State Governor before a Federal enforcement suit can be brought to stop pollution causing activities. It further expanded Federal authority by permitting the Secretary of Health, Education, and Welfare, through the Justice Department, to bring court proceedings to require an offender to cease activities causing pollution in interstate waters without first obtaining the permission of the State government where the pollution was taking place;
(4) Increased the authorized annual $50 million Federal financial assistance to municipalities for construction of waste treatment works to $80 million in 1962, $90 million in 1963, and $100 million for each of the 4 following fiscal years 1964–67. In addition, it raised the single grant limitation from $250,000 to $600,000 and provided for grants to communities combining in a joint project up to a limit of $2,400,000;
(5) Intensified research toward more effective methods of pollution control; authorized for this purpose annual appropriations of $5 million up to an aggregate of $25 million; and authorized the establishment of field laboratory and research facilities in, among others, seven specified major areas of the Nation;
(6) Extended for 7 years until June 30, 1968, and increased Federal financial support of State and interstate water pollution control programs by raising the annual appropriations authorization from $3 million to $5 million; and
(7) Authorized the inclusion of storage for regulating streamflow for the purpose of water quality control in the survey and planning of Federal reservoirs and impoundments.
FEDERAL WATER POLLUTION CONTROL AMENDMENTS OF 1965 (WATER QUALITY ACT
The 1965 amendments, contained in the Water Quality Act of 1965 (Public Law 89-234), represented a further attempt to strengthen Federal water pollution control by (1) declaring as the purpose of the act the enhancement of the quality and value of water resources and establishment of a national policy for the prevention, control and abatement of water pollution; (2) establishing withProvision 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