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(5) Determination that testimony taken or evidence received shall be taken under oath.

(6) Issuance of invitations to become Associate Members or Observers.

(7) Appointment and termination of the appointment of the Director. (39 FR 20590, June 12, 1974, as amended at 41 FR 20548, May 19, 1976)

8 701.54 Council decisions by Representa

tives. Council decisions may be made by Representatives except for matters specifically reserved in 8 701.53(g) for Council decision by Members. Only one Representative of a Member shall participate officially in a Council deci. sion by Representatives, but up to four individuals may be authorized to act as Representatives of a Member. Council decisions by Representatives shall be by unanimous agreement of the Representatives and the Director, or in his absence the Acting Director. In exceptional cases, a decision may be made by written communication.

(a) The Representatives and the Di. rector shall work to coordinate the water and related land activities for which the Council Members are responsible.

(b) Each Representative and the Director has equal responsibility and authority for Council decisions and shall have full access to all information relating to the performance of his duties and responsibilities.

(c) The Director shall serve as Chairman of meetings of Representatives. The Acting Director, designated in accordance with $701.77(b), shall serve as Chairman in the absence or disabil. ity of the Director or vacancy in that office.

(d) Regular meetings for the transaction of business shall be the second Wednesday of each month, and special meetings shall be at the call of the Director or when requested by the Representatives of two Members. The Director will arrange, after consultation with the Representatives, the agenda of items for consideration; shall distribute the agenda for regular meetings and related documents to Representatives at least 7 days in advance of the meeting and as expeditiously as

possible for special meetings, and shall insure that all matters within the purpose and scope of the functions of the Water Resources Council are presented for consideration. The Director shall include on the agenda for a regular meeting any matter proposed by any Representative. When items on the agenda have not been fully considered they shall take precedence, in the same order, over other matters to be placed on the agenda for the next reg. ular meeting. The Director or a Representative may introduce matters not on the agenda or change the order of business at a particular meeting with the concurrence of a simple majority of the Representatives present.

(e) A quorum for the transaction of business consists of six or more Representatives of different Members and the Director or in his absence the Acting Director.

(f) Except for the appointment and tenure of the Director, matters specifically reserved for Council decision by Members should be considered by Representatives and the Director and proposals and recommendations formulated and presented at Council meetings of Members. The Council Members shall be advised of minority views, if any, on such proposals and recommendations.

(g) If unanimity of Representatives and the Director is not achieved, after full opportunity for expression of views and reasonable consideration, the Director shall upon his own initiative or upon the request of a Representative present the issue for consideration at the next meeting of Members of the Council. Presentation of the issue shall include a statement of the conflicting positions and recommendations for resolution.

(h) Upon the declaration by any Representative or the Director that an issue involves "substantial policy” (see 8701.53(g)(3), it shall be referred with recommendations to a subsequent meeting of Council Members for decision. (39 FR 20590, June 12, 1974, as amended at 41 FR 20548, May 19, 1976)

$701.55 Associate Members.

(a) The Chairman, with concurrence of the Council, may invite the heads of other Federal agencies having authorities and responsibilities relating to the work of the Council to become Associate Members. ASSociate Members, on the same terms and conditions as Members, may designate persons to serve for them as Associate Members and to act for them as Associate Representatives.

(b) Associate Members and their ASsociate Representatives may participate with Members and Representatives in consideration of all matters relating to their areas of responsibility, except that their concurrence in a decision of the Council is not required. Where such decision affects the authority and responsibility of any nonMember agency within the meaning of section 3(b) of the Act, the Council shall request such agency to take concurrent action along the basis of the Council recommendations.

$701.56 Observers.

(a) Chairmen and Vice-Chairmen of River Basin Commissions established under Title II of the Act shall be obServers.

(b) The Chairman, with the concurrence of the Council, may invite the heads of offices or other officials of the Executive Office of the President or other Federal agencies to become Observers.

(c) Observers may designate persons to attend Council meetings of Members and Representatives. Observers and their representatives will be furnished agenda and other materials on the same basis as ASSOciate Members.

[39 FR 20590, June 12, 1974, as amended at 41 FR 54926, Dec. 16, 1976]

$701.57 Official decisions of the Council.

Official decisions of the Council shall be of record. Decisions of record shall be recorded in accepted minutes of duly called regular or special meetings or set forth in resolutions, memoranda, or other documents approved by Members or by Representatives and the Director. Decisions which would affect the authority and responsibil

ities of heads of other Federal agencies, including Associate Members, within the meaning of section 3(b) of the Act, shall only be made during a regular or special meeting of Members and recorded in the minutes thereof.

$701.58 Subordinate groups at headquarters.

The Council may establish administrative, consultative and technical committees. Task Forces; Hearing Panels; and other appropriate Subordinate groups to aid in the performance of its work. (a) Membership on each Such group shall be decided by the Council. Members representing Federal agencies shall be named by Such agencies. Others shall be named as the Council shall decide. (b) The Council shall determine the Chairmanship of each such group. (c) All Such subordinate groups shall report regularly to the Council upon their own initiative, or as the Council may direct. In any event, they shall prepare a final report on their assignments prior to termination. (d) The Director, in consultation with the Representatives, may establish task forces and other subordinate groups to aid in the performance of his duties and responsibilities. The Director shall decide the chairmanship and membership of such groups. Members representing Federal agencies shall be named by such agencies. (e) Subordinate groups shall be appointed for specific periods and termination dates shall be set forth in establishing documents. (f) Each duly constituted subordinate group will be provided administrative and secretarial support by the Water Resources Council Staff to the extent possible, directly or through arrangements with other Federal agencles.

$701.59 Advisory committees.

The Council may establish standing and ad hoc advisory committees. The establishment, operation, and termination of such committees shall be in accordance with the Federal Advisory Committee Act (PL 92-463) and other pertinent law and directives.

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(a) The Chairman shall preside at Council meetings of Members.

(b) The Chairman is the official spokesman of the Council and represents it in its relations with the Congress, the States, Federal agencies, persons, or the public. He shall from time to time report, on behalf of the Council, to the President. He shall keep the Council apprised of his actions under this section.

(c) The Chairman shall request the heads of other Federal agencies to participate with the Council when matters affecting their responsibilities are considered by the Council.

(d) In the case of absence, disability, or vacancy, the acting Chairman shall be, in order of precedence, as designated (1) by the President (2) by the Chairman from among the Members, or (3) by the Council from among the Members.

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ating Program related thereto; make recommendations to the Council and the Chairman relating to the performance of their functions and the exercise of their authorities; and facilitate the Work of the Council and the Chairman. His duties and responsibilities include, but are not limited to, the following: (a) Acting for the Chairman, repreSents the Council in its relations with the Congress, States, Federal agencies, persons, or the public under the general Supervision and direction of the Council. (b) Establishes the line of succession as Acting Director among the other of. ficers of the Council below the Deputy Director. (c) Directs the Staff in its service to the Council and the Chairman in the performance of their functions and in the exercise of their authorities. The Director is responsible to the Council for the organization of the Staff, employment and discharge of personnel, training and personnel development program, assignment of duties and reSponsibilities, and the conduct of its Work. (d) Insures that the quality of the work of the Staff in its studies, reports, and in other assignments is high, that the professional integrity of its personnel is respected, and that its overall perspective and independence of judgment with regard to water and related land resources matters is approximately maintained within the context of the interagency, intergovernmental, and other staff collaboration that is both necessary and desirable in the fulfillment of the purpose of the Council as set forth in § 701.3. (e) Prepares and recommends reports on legislation, Executive orders, and other documents requested of the Council. (f) Prepares and recommends an Annual Budget request in accordance with policies, rules, and regulations applicable thereto. During its consideration by the Office of Management and Budget the President and the Congress, the Director shall seek acceptance of the proposed Annual Budget by every appropriate means. On behalf of the Council, he is author

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ized in his discretion to make appeals and agree to adjustments. However, to the extent that time and circumstances permit, he shall consult with and obtain the approval of the Council on all substantial appeals and adjustments. (g) Prepares and recommends the Annual Operating Program to carry out the work of the Council, within the appropriations provided by the Congress and allowances approved by the Office of Management and Budget. (h) Prepares and recommends proposed rules and regulations, including proposed delegations of authority, for carrying out the provisions of the Act, or other provisions of law which are administered by the Council. (i) Prepares and recommends reports and materials for public information that are explanatory of the Work and accomplishments of the Council. (j) Appoints representatives of the Staff on Subordinate Groups established by the Council on which the Staff has membership. (See § 701.59.) (k) Establishes and enforces administrative rules and regulations pertaining to the Staff consistent with applicable laws, Executive orders, Budget Circulars, and other regulations and orders.

$701.78 ties.

(a) Under the authority of section 403 of the Act (42 U.S.C. 1962d-2), the Director is delegated authority to— (1) Hold 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 reprints thereon as he may deem advisable. (2) Acquire, furnish, and equip such office space as is necessary. (3) Use the U.S. 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 below the grade of GS-16 as he deems advisable and after consultation with the Representatives such personnel of GS-16 and above in accordance with the Civil

Director—delegation of authori

Service laws and the Classification Act of 1949, as amended; assign duties and responsibilities among Such personnel and supervise personnel so employed. (5) Procure services as authorized by Section 15 of the Act of August 2, 1946 (5 U.S.C. 3109), at rates not in excess of the daily equivalent of the rate prescribed for grade GS-18 under section 5332 of Title 5 of the United States Code in the case of individual experts or consultants. (6) Purchase, hire, operate, and maintain passenger motor vehicles. (7) Utilize and expend such funds as are deemed advisable for proper administration of the authorities delegated herein. However, contracts and individual modifications thereof in excess of $25,000 shall be submitted to the Council for approval before execution. (8) Request any Federal department or agency (i) 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 (ii) to detail personnel to temporary duty With the Council on a reimbursable basis. (9) Make available for public inspection during ordinary office hours all appropriate records and papers of the Council. (10) Compute and certify for payment funds to the States in accordance With standards and formula approved by the Council, and perform related functions of the Council contained in section 305 of the Act. (11) Serve as a duly authorized representative of the Chairman of the Council for the purpose of audit and examination of any pertinent books, documents, papers, and records of the recipient of a grant under title III of the Act, and recommend to the Chairman the appointment of further representatives as may be necessary for Such function. (12) Review, for compliance, State programs approved under title III; conduct full inquiries as the Council may direct; and recommend for Council decision such withholding or reinstatement of payments as is appropri

$701.101 Field committees.

The Council may establish or continue already established regional committees to carry out assigned functions at field level.

ate and authorized by section 304 of the Act.

(13) Serve as the "responsible agency official” under Part 705 of these rules and regulations.

(b) The authorities delegated in this section may be redelegated by the Director to the extent determined by him to be necessary and desirable for proper administration. (39 FR 20590, June 12, 1974 as amended at 39 FR 41521, Nov. 29, 1974; 41 FR 20548, May 19, 1976)

8701.102 Existing committees.

Field Committees operating under the Water Resources Council (formerly under the Inter-Agency Committee on Water Resources) are as follows: Pacific Southwest Inter-Agency Committee Arkansas-White-Red Inter-Agency Commit

tee Southeast Basins Inter-Agency Committee

Subpart D--Availability of


$ 701.79 Selection policy for professional

personnel. In the selection for employment of the professional staff as a whole, the Director shall be guided by the following criteria:

(a) Outstanding character and competence-both personal and professional.

(b) Spread and balance of training and experience in the several relevant professions-ecology; economics; economic geography; engineering; fish and wildlife biology; forestry; hydrology; irrigation; landscape architecture; law; political science; recreation; sanitary engineering; soil conservation; urban and other land planning, etc.

(c) Diversity of prior identification and experience, both planning and operating in Washington and in the field; including personnel with prior identification and experience with Federal, State, or local government, private enterprise, or university teaching and research.

AUTHORITY: 5 U.S.C. 552 as amended by Pub. L. 93-502, 88 Stat. 1561; 42 U.S.C. 1962d-1.

SOURCE: 40 FR 7253, Feb. 19, 1975, unless otherwise noted. 8 701.200 Statement of policy.

Water Resources Council records and informational materials are available to the fullest extent possible consistent with 5 U.S.C. section 552, as amended, and will be promptly furnished to any member of the public. $ 701.201 Availability of records and infor.

mational materials. (a) Except for records and materials exempted from disclosure pursuant to paragraph (b) of this section, any person may inspect and copy any document in the possession and custody of the Water Resources Council in accordance with the procedure provided in $ 701.202.

(b) The provisions of 5 U.S.C. section 552 which require that agencies make their records available for public inspection and copying do not apply to matters which are:

(1)(i) Specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (ii) are in fact properly classified pursuant to such Executive order;

(2) Related solely to the internal personnel rules and practices of an agency;

$$ 701.80-701.99 (Reserved)

Subpart C—Field Organization

8 701.100 Field Directors.

The Council may employ as professional staff Field Directors who shall be designated as chairmen of committees or groups established by the Council to develop and prepare regional or river basin assessments or plans. Such Field Directors shall perform their official functions at locations established by the Council.

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