be done by contract with a competent, disinterested, non-Government organization experienced in matters pertaining to the law of the sea. Supporting a detailed research investigation on this complex problem is very important. Sincerely yours, FREDERICK SEITZ, President. NATIONAL SCIENCE FOUNDATION, Hon. HERBERT C. BONNER, Chairman, Committee on Merchant Marine and Fisheries, DEAR MR. CHAIRMAN: This is in further reply to your request for the views of the National Science Foundation on H.R. 5175, providing for a study of the legal problems of management, use, and control of the natural resources of the oceans and ocean beds. H.R. 5175 would require that the legal study referred to be undertaken by the U.S. Coast Guard. In our view the matters with which the study would be concerned are not sufficiently within the responsibilities of the Coast Guard so as to make it appropriate for that organization to conduct the proposed study. We suggest that if a study is to be made, it be accomplished by an agency more closely identified with such areas of activity. The Bureau of the Budget has advised us it has no objection to submission of this report from the standpoint of the administration's program. Sincerely yours, LELAND J. HAWORTH, Director. EXECUTIVE OFFICE OF THE PRESIDENT, Washington, May 20, 1965. Hon. HERBERT C. BONNER, Chairman, Committee on Merchant Marine and Fisheries, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: Thank you for the opportunity to comment on H.R. 5175, a bill to provide for study of legal problems relating to the management, use, and control of natural resources of the oceans and ocean beds. As knowledge and technology is acquired through the national oceanographic program which enables us to manage, use, and control the valuable resources of the sea, it is essential that such activities proceed within an appropriate framework of Federal and international law. Legal problems inevitably follow new human activities and our emerging capabilities to exploit the oceans create the need for full understanding of the relevant legal considerations and international implications. In this regard, the International Convention on the Continental Shelf is a major accomplishment. Although I am not acquainted with the specific legal problems in connection with the management, use, and control of oceanic resources, it is evident that many unresolved questions relating to such matters as rights to these resources exist. Further legal studies could well serve to consolidate the applicable existing Federal and international statutes and may highlight unsuspected legal problems arising from new activities of the national oceanographic program. In view of the mission of the Department of the Interior in the field of resource management, I believe any such studies can and should be sponsored by that Department. Sincerely yours, DONALD F. HORNIG, Director. DEPARTMENT OF STATE, Washington, May 3, 1965. Hon. HERBERT C. BONNER, Chairman, Committee on Merchant Marine and Fisheries, DEAR MR. CHAIRMAN: Your letter of February 23, 1965, previously acknowledged, requested the views of the Department of State on H.R. 5175, a bill providing for a study of the legal problems of management, use, and control of the natural resources of the oceans and ocean beds. While the Department is unaware of the need for any such legal study from the standpoint of international law or of our relations with foreign countries it sees no objection thereto if such a study is considered necessary from a domestic law standpoint. In such eventuality some agency of the Government having responsibilities in the field of our natural resources, such as the Department of the Interior, might be more appropriate for this function than the U.S. Coast Guard. The Bureau of the Budget advises that from the standpoint of the administration's program there is no objection to the submission of this report. Sincerely yours, DOUGLAS MACARTHUR II, (For the Secretary of State). THE GENERAL COUNSEL OF THE TREASURY, Washington, D.C., May 3, 1965. Hon. HERBERT C. BONNER, Chairman, Committee on Merchant Marine and Fisheries, DEAR MR. CHAIRMAN: Reference is made to your request for the views of this Department on H.R. 5175, providing for a study of the legal problems of management, use, and control of the natural resources of the oceans and ocean beds. The bill would authorize and direct the U.S. Coast Guard to conduct by contract or otherwise, a study of the legal problems arising out of the management, use, and control of the natural resources of the oceans and ocean beds. The bill further authorizes the appropriation of $50,000 for the accomplishment of its aims. The Department has no independent knowledge as to the necessity for, or desirability of, the proposed legislation. However, since the study would relate to legal problems involving the natural resources of the ocean and ocean beds, it is our opinion that the study would be of more direct concern to the Department of the Interior rather than the Coast Guard. Consequently, while the Department would be ready to cooperate in any way in which its facilities or personnel could be used, the Department does not believe that the primary responsibility for the study should be lodged in the Coast Guard. Subject to the foregoing comments, this Department has no objection to the enactment of H.R. 5175. The Department has been advised by the Bureau of the Budget that there is no objection from the standpoint of the administration's program to the submission of this report to your committee. Sincerely yours, FRANK B. SMITH, Acting General Counsel. [COMMITTEE NOTE.-S. 944 and H.R. 10432, which are identical, were referred to the committee after the hearings had commenced. The two bills and related agency reports follow:] [S. 944, H.R. 10432, 89th Cong., 1st sess.] AN ACT and A BILL To provide for expanded research and development in the marine environment of the United States, to establish a National Council on Marine Resources and Engineering Development, and a Commission on Marine Science, Engineering and Resources, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the Marine Resources and Engineering Development Act of 1965. DECLARATION OF POLICY AND PURPOSE SEC. 2. The marine science activities of the United States should be conducted so as to conribute to the following objectives: (1) The accelerated development of the physical, chemical, geological, and biological resources of the marine environment. (2) The expansion of human knowledge of the marine environment. (3) The encouragement of private investment enterprise in exploration, technological development, marine commerce, and economic utilization of the resources of the marine environment. (4) The preservation of the role of the United States as a leader in marine science and resource development. (5) The advancement of education and training in marine science. (6) The development and improvement of the capabilities, performance, use, and efficiency of vehicles, equipment, and instruments for use in exploration, research, surveys, the recovery of resources, and the transmission of energy in the marine environment. (7) The effective utilization of the scientific and engineering resources of the Nation, with close cooperation among all interested agencies, public and private, in order to avoid unnecessary duplication of effort, facilities, and equipment, or waste. (8) The cooperation by the United States with other nations and groups of nations and international organizations in marine science activities when such cooperation is in the national interest. THE NATIONAL COUNCIL ON MARINE RESOURCES AND ENGINEERING DEVELOPMENT SEC. 3. (a) There is hereby established, in the Executive Office of the President, the National Council on Marine Resources and Engineering Development (hereinafter called the "Council") which shall be composed of— (1) The Vice President, who shall be Chairman of the Council. (2) The Secretary of State. (3) The Secretary of the Navy. (4) The Secretary of the Interior. (5) The Secretary of Commerce. (6) The Chairman of the Atomic Energy Commission. (7) The Director of the National Science Foundation. (8) The Secretary of Health, Education, and Welfare. (b) The President may name to the Council such other officers and officials as he deems advisable. (c) The President shall from time to time designate one of the members of the Council to preside over meetings of the Council during the absence, disability, or unavailability of the Chairman. (d) Each member of the Council, except those designated pursuant to subsection (b), may designate another officer of his department or agency to serve on the Council as his alternate in his unavoidable absence. (e) Each alternate member designated under subsection (d) of this section shall be designated to serve as such by and with the advice and consent of the Senate unless at the time of his designation he holds an office in the Federal Government to which he was appointed with the advice and consent of the Senate. (f) The Council shall advise and assist the President, as he may request, with respect to the performance of Federal functions in the field of marine science and engineering, including but not limited to the following functions: (1) survey all significant marine science activities, including the policies. plans, programs, and accomplishments of all departments and agencies of the United States engaged in such activities; (2) develop a comprehensive program of marine science activities, including, but not limited to, exploration, exploitation, and conservation of the resources of the marine environment, marine engineering, studies of air-sea interaction, transmission of energy, and communications, to be conducted by departments and agencies of the United States; (3) designate and fix responsibility for the conduct of marine science activities, by departments and agencies of the United States, including, but not limited to, exploration, exploitation, and conservation of the resources of the marine environment, marine engineering, studies of air-sea interaction, transmission of energy, and communications; (4) provide for effective cooperation among all departments and agencies of the United States engaged in marine science activities, and specify, in any case in which primary responsibility for any category of the marine science activities has been assigned to any department or agency, which of those activities may be carried on concurrently by other departments or agencies; (5) resolve differences arising among departments and agencies of the United States with respect to marine science activities under this Act, including differences as to whether a particular project is a marine science activity; (6) review annually all marine science activities conduced by departments and agencies of the United States in light of the policies, plans, programs, and priorities developed pursuant to this Act; (7) undertake a comprehensive study of the legal problems arising out of the management, use, development, recovery, and control of the resources of the marine environment; and (8) establish long-range studies of the potential benefits to the United States economy, security, health. and welfare to be gained from marine resources, engineering, and science. (g) The Council may employ a staff to be headed by a civilian executive secretary who shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at a rate established by the President at not to exceed that of level II of the Federal Executive Salary Schedule. The executive secretary, subject to the direction of the Council, is authorized to appoint and fix the compensation of such personnel, including not more than seven persons who may be appointed without regard to civil service law or the Classification Act of 1949 and compensated at not to exceed the highest rate of grade 18 of the General Schedule of the Classification Act of 1949, as amended, as may be necessary to perform such duties as may be prescribed by the President. COMMISSION ON MARINE SCIENCE, ENGINEERING AND RESOURCES SEC. 4. (a) To assist the President and the Council in carrying out the functions stated in sections 3(f) (1), (2), (7), and (8) of this Act, there is authorized to be established, at the discretion of the President, a Commission on Marine Science, Engineering and Resources composed of fifteen members appointed by the President from among persons with a competency in the areas designated in this Act. The Commission may include five representatives from Government, five representatives from industry, and five representatives from universities, institutions, or laboratories engaged in marine science pursuits, and, upon establishment of such Commission, the President shall designate from among its members a Chairman and a Vice Chairman. (b) Members of the Commission appointed from outside the Government shall each receive $100 per diem when engaged in the actual performance of duties of the commission appointed from within the Government shall serve without compensation in addition to that received for their services to the Government. (c) The Commission, its Chairman and Vice Chairman, shall at all times cooperate effectively with the Council in carrying out the responsibilities and functions delegated to it under this Act by the President through the Council, and shall report at such intervals as may be determined by the Council, its findings and recommendations for the consideration of the Council. (d) In addition to the duties set forth in subsection (a) of this section and such other duties as may be assigned to it, the Commission shall survey the marine science activities of the United States, make recommendations for the most effective organizational structure for conduct of Federal activities in this area, and make recommendations for the encouragement of private investment in marine science and resource development. (e) Subject to determinations of the Council, the Commission shall appoint and fix the compensation of such personnel as it deems advisable, without regard to the civil service laws and the Classification Act of 1949, as amended. In addition, subject to determination of the Council, the Commission may secure temporary and immediate services to the same extent as is authorized the departments and agencies of the Government by section 15 of the Administrative Expenses Act of 1946, but at rates not to exceed $100 per diem for individuals. (f) All members and other personnel of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred in carrying out this act. (g) The Commission, whatever may be the requirements of the Council under paragraph (c) of this section, shall submit to the Council not later than eighteen months after the establishment of the Commission as provided in subsection (a) of this section, a final report of its findings and recommendations. The Commission shall cease to exist thirty days after it has submitted its final report. SEC. 5. (a) The Council, under the foreign policy guidance of the President and as he may request, may coordinate a program of internation cooperation in work done pursuant to this Act, pursuant to agreements made by the President with the advice and consent of the Senate. (b) The President shall transmit to the Congress in January of each year a report, which shall include (1) a comprehensive description of the activities and the accomplishments of all agencies and departments of the United States in the field of marine science activities during the preceding year, and (2) an evaluation of such activities and accomplishments in terms of the attainment of, or the failure to attain, the objectives set forth in pursuant to this Act. (c) Reports made under this section shall contain such recommendations for legislation as the Chairman of the Council or the President may consider necessary or desirable for the attainment of the objectives of this Act, and shall contain an estimate of funding requirements of each agency and department of the United States for marine science activities during the succeeding fiscal year. (d) No information which has been classified for reasons of national security shall be included in any report made under this section, except pursuant to authorization given by the President. 53-367-65--8 |