(2) From the Department of Health, Education, and Welfare, the Air Quality Advisory Board (42 U.S.C. 1857e), together with its functions. The functions of the Secretary of Health, Education, and Welfare with respect to being a member and the Chairman of that Board are hereby transferred to the Administrator. SEC. 3. Performance of transferred functions. The Administrator may from time to time make such provisions as he shall deem appropriate authorizing the performance of any of the functions transferred to him by the provisions of this reorganization plan by any other officer, or by any organizational entity or employee, of the Agency.

SEC. 4. Incidental transfers. (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 Administrator or the Agency by this reorganization plan as the Director of the Office of Management and Budget shall determine shall be transferred to the Agency at such time or times as the Director shall direct.

(b) Such further measures as dispositions as the Director of Office of Management and 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.

SEC. 5. Interim officers. (a) The President may authorize any person who immediately prior to the effective date of this reorganization plan held a position in the executive branch of the Government to act as Administrator until the office of Administrator is for the first time filled pursuant to the provisions of this reorganization plan or by recess appointment, as the case may be.

(b) The President may similarly authorize any such person to act as Deputy Administrator, authorize any such person to act as Assistant Administrator, and authorize any such person to act as the head of any principal constituent organizational entity of the Administration.

(c) The President may authorize any person who serves in an acting capacity under the foregoing provisions of this section to receive the compensation attached to the office in respect of which he so serves. Such compensation, if authorized, shall be in lieu of, but not in addition to, other compensation from the United States to which such person may be entitled.

SEC. 6. Abolitions. (a) Subject to the provisions of this reorganization plan, the following, exclusive of any functions, are hereby abolished:

(1) The Federal Water Quality Administration in the Department of the Interior (33 U.S.C. 466-1).

(2) The Federal Radiation Council (73 Stat. 690; 42 U.S.C. 2021 (h)). (b) Such provisions as may be necessary with respect to terminating any outstanding affairs shall be made by the Secretary of the Interior in the case of the Federal Water Quality Administration and by the Administrator of General Services in the case of the Federal Radiation Council.

SEC. 7. Effective date. The provisions of this reorganization plan shall take effect sixty days after the date they would take effect under 5 U.S.C. 906(a) in the absence of this section.

Mr. BLATNIK. Our first witness this morning will be Mr. Russell Train, Chairman of the Council on Environmental Quality.

Mr. Train, we welcome you here this morning. We are aware of your record of competence in this area and look forward with special interest to your testimony.

Before we begin, may we at this point, without objection, have in the record, for the purpose of those who shall read the record, a biographical sketch of our first witness?

(The biographical sketch referred to follows:)

BIOGRAPHICAL SKETCH OF RUSSELL E. TRAIN

Russell E. Train became Chairman, Council on Environmental Quality, February 9, 1970.

Born in Washington, D.C., in 1920, Train has served in all three major branches of the national Government, executive, legislative and judicial. He began as an attorney for the joint Congressional Committee on Internal Revenue Taxation in 1947, and became Clerk and then Minority Advisor to the House Ways and Means

Committee in 1953-56. From 1956 to 1957 he headed the Treasury Department's tax legislative staff.

In 1957, Train was appointed to the Tax Court of the United States by President Eisenhower. He was reappointed to a full 12-year term in 1959.

Train became active in conservation work while serving on the Tax Court. He founded and became the first president of the African Wildlife Leadership Foundation, which led to participation in the work of other conservation groups at home and abroad. On August 1, 1965, he resigned from the Tax Court to become president of The Conservation Foundation, a nonprofit research, education and information organization concerned with a broad range of environmental matters.

While president of The Conservation Foundation, Train was named by President Johnson to membership on the National Water Commission in 1968. Following the elections of that year, President-elect Nixon appointed him chairman of a special task force to advise the incoming Administration on environmental problems.

Train resigned from the Conservation Foundation after being nominated Under Secretary of the Interior in early 1969.

He holds a B.A. degree from Princeton University and a law degree from Columbia. He served in the Army from 1941 to 1946, rising to the rank of Major. Mrs. Train is the former Aileen Bowdoin; they have four children.

Mr. BLATNIK. Mr. Train, before you get to your statement-I have a copy of that statement and had an opportunity to go through it last evening. Could you tell the subcommittee what authority your Council has and how you and your Council will operate with the proposed new Environmental Protection Agency if that agency is approved?

STATEMENT OF RUSSELL E. TRAIN, CHAIRMAN, COUNCIL ON ENVIRONMENTAL QUALITY; ACCOMPANIED BY TIMOTHY B. ATKESON, GENERAL COUNSEL

Mr. TRAIN. The authority and functions of the Council on Environmental Quality are set out by the National Environmental Policy Act of 1969, Public Law 91-190, and by Public Law 91-224, the Environmental Quality Improvement Act that was signed into law early in April.

These have been spelled out in greater detail by the President in an executive order earlier this year. The functions of the Council are to coordinate the environmental programs of the Federal Government, to review and evaluate all other Federal programs that have an impact on the environment, to advise the President on environmental policy, to assist the President in making proposals to the Congress in the field of environment, to assist the President in preparing an annual report to the Congress on the state of the environment.

Those, very broadly speaking, I believe, cover the functions of the Council.

Our relationship with the Environmental Protection Agency will be exceedingly important. The President has pointed out in his message of transmittal of Reorganization Plan No. 3 that our Council and the Agency would maintain a very close working relationship. Likewise, the President has indicated that the Administrator of the Agency would assist the Council in its development of policy recommendations to the President in the field of pollution.

Mr. HOLIFIELD. Mr. Chairman.

Mr. BLATNIK. Yes.

Mr. HOLIFIELD. Let me understand this, if I may momentarily interrupt. The Environmental Council will continue?

Mr. TRAIN. That is correct.

Mr. HOLIFIELD. In other words, it is not abolished and this Environmental Protection Agency is to be considered an operating agency and the Council a policymaking agency?

Mr. TRAIN. That is generally a correct statement, sir.

Mr. HOLIFIELD. Is this paralleled anywhere else in the Government? Does the administrator of an agency or department usually recommend policy from the basis of his experience and operation? Mr. TRAIN. What I would expect

Mr. HOLIFIELD. For instance, the Secretary of State would recommend policy to the President on treaty matters or any other international matters. The Agriculture Secretary would recommend policy based on his actual experience in the operation of different programs. I am a bit unclear as to why the Council should not have been abolished along with the Federal Radiation Council, which was abolished and its functions transferred over to the Environmental Protection. Agency. It seems to me this is a proliferation of agencies certainly doing the same thing. It makes two exist where one existed before. If you combine them with other agencies, then you still have policy divorced from the operating level.

I can see here an operating agency being set up that must go through the Environmental Council to obtain its policy, and they in turn stand between the operating agency with the experience on this program and the President.

Here you have another step in the bureaucratic ladder which people have to climb in order to obtain the results that they want. Will you explain to me why that is not so?

Mr. TRAIN. Yes, sir. Mr. Holifield, I will be delighted to comment on those questions. There is no suggestion in the reorganization plan. that the Administrator of EPA would not make policy recommendations directly to the President. The Administrator of the EPA would report directly to the President, and I did not mean to suggest that the Administrator of EPA would not have responsibility for making policy recommendations in the field of his agency's particular operating responsibilities.

Mr. HOLIFIELD. Where does the constructive contribution of the Council come in if EPA can go directly to the President with their recommendations? Where does your Council come into this, and why does the Environmental Council cover a much broader field than the Environmental Protection Agency?

Mr. TRAIN. Yes, Mr. Holifield. The scope of the responsibilities of the Council on Environmental Quality go far beyond the scope of the functions of the new Environmental Protection Agency. If I may spell that out a bit, I think we are all aware that environmental effects exist in almost every program conducted by the Federal Government, whether in the Department of Transportation, Atomic Energy Commission, the Agency for International Development in the Department of State, HEW, Interior-they all have very important environmentally related programs, including the Department of Defense and, very specifically, the Corps of Engineers.

48-895-70- -2

The responsibility of the Council extends to all of these activities of the Federal Government. The responsibilities of the Environmental Protection Agency extend only to those specific pollution functions transferred by the proposed reorganization plan. These deal, generally speaking, with the control of hazardous pollutants in the environment. The responsibilities of the Council, on the other hand, go far beyond pollution. It extends to land use, to population concerns, a wide range of Federal interests that affect the environment generally. It is intended that the Council will continue to exercise these functions for the President.

Mr. HOLIFIELD. You concede that the Council has a much wider field of responsibility, and possibly a field of coordination, not only of the EPA but of the Defense Department and any other department which has programs affecting the environment?

Mr. TRAIN. That is correct.

The Council at the present time, for example, receives statements from all Federal agencies with respect to their proposals for legislation and for other major actions which affect the environment. These statements spell out in detail the nature of the potential impact on the environment, the alternatives to the proposed action, the longrange costs compared to short-range benefits.

These statements are reviewed by the Council, discussed by the Council with the operating agencies, and the whole effort as intended by the Environmental Policy Act is to insure to the extent possible that all agencies of the Federal Government take into appropriate account environmental factors in all of their planning and decisionmaking.

This is a major function of the Council which would, of course, not be a function of the proposed new agency.

Mr. HOLIFIELD. Then there is an admission that this Environmental Protection Agency is confined to certain areas and does not in any way cover the whole problem of environmental purification, or whatever you want to call it; it is built up in the minds of many people that this agency is going to cover the universe, you might say, in the field of pollution. As your testimony indicates, it certainly is not in complete control of the problem that faces us. So, if it is not in complete control, then there must be someone who has to coordinate the programs and policies of this agency with all of those relating to the environment that exists in other parts of the Government? Mr. TRAIN. That is correct, sir.

As I indicated earlier, environmental factors exist in practically all operating programs of the Federal Government. If it were attempted to bring all of these together into one agency, we would end up with the entire Government in one agency and then would have to reorganize that into some kind of divisions. This was not a practical approach.

Mr. HOLIFIELD. Assuming that you have responsibility and overall coordination of all environmental pollution sources and jurisdictions by the Federal Government, what peculiar use will this agency be, what advantage will it give to you in coordination over the present system, where you would also coordinate, I would assume, all these different programs?

Mr. TRAIN. In the particular areas transferred to the new agency, particularly water pollution abatement, air pollution abatement, pesticide regulation, radiation standard setting, and solid waste management more than mere coordination will be made possible by the reorganization. As time goes on we would foresese actual integration of some of these functions; particularly, I believe, in the areas of air and water pollution and solid wastes, where these three kinds of pollution frequently arise from the same source.

The reorganization will make possible, for example, the functional integration of research covering all environmental pollutants in one research program. This is something, of course, that cannot be achieved simply by coordination of separate programs so that the new agency will have a very positive potential for strengthening these programs through functional integration as time goes on.

This is the great promise, I think, of the new agency.

Mr. BLATNIK. Mr. Train, I think it would be proper to continue discussion of this point in an orderly fashion from the last question propounded by the gentleman from California. Would you then read your statement which would explain the concept of one comprehensive interrelated departmental agency and also give us the reason why this separate agency is necessary? That is the thrust of the two main points of your testimony, is it not?

Mr. TRAIN. That is right.

Mr. BLATNIK. Give us a brief capsule summary of the testimony and proceed with your testimony.

Mr. TRAIN. Thank you, Mr. Chairman.

Chairman Blatnik, members of the subcommittee, it is a pleasure to have this opportunity to discuss with you the President's proposal for the creation of an Environmental Protection Agency EPAset out in Reorganization Plan No. 3 of 1970. I know that many of you have had extensive experience dealing with environmental protection problems which will be valuable background for the consideration of this proposal.

I might add, following my testimony there are a number of other Government witnesses scheduled who have direct program experience and responsibility in the area of the transfers recommended here. Probably these gentlemen will be able to answer questions that I perhaps cannot in some of the specific program areas.

President Nixon has established environmental quality as a priority objective of this administration. In his state of the Union message of last January, he declared the goal of the seventies to be "a new quality of life in America." On February 10, he sent the Congress a message on environment which proposed a comprehensive, 37-point program for environmental improvement, including some 23 specific proposals for legislation. Most of these dealt with urgently needed improvements in our air and water pollution control programs, including strengthened enforcement procedures.

Duing the 6 months that have followed, the President has sent a series of environmental messages to the Congress proposing:

A 10-point program dealing with oil spills in marine transportation;