larger utility companies and this had a very adverse effect on our cloud-seeding business. However, in the last 2 years we have been able to get insurance covering the direct effects of cloud seeding and this covers all of our clients including the State of Nevada.

Senator CANNON. What type of liability coverage do you get?

Mr. ELLIOTT. It covers in addition to the standard coverage, which is normally required, the direct effects of cloud seeding. On special instances and in one special instance we have gotten coverage up to a million dollars.

Senator CANNON. It covers against flood or damage of that nature? Mr. ELLIOTT. Yes, sir. Claims for flooding or producing droughts or what have you.

Senator CANNON. Have you had any lawsuits on the basis that you may have deprived someone of rainfall that they otherwise would have received?

Mr. ELLIOTT. No, sir; we have not.

Senator CANNON. Have you had any such charges made by anyone, not in the form of lawsuits?

Mr. ELLIOTT. No; we have never had, except for a few facetious remarks from time to time.

Senator CANNON. Does this business of weather modification make good economic sense to you?

Mr. ELLIOTT. It certainly does. I feel that it has made such good sense that the commercial operations-that is, the ones that have been conducted by qualified people have sustained the interest and increased the knowledge of orographic seeding and if they hadn't been in existence we wouldn't be sitting here now talking about this. It would be a dead issue.

Senator CANNON. Has your business increased as you gained experience in this field?

Mr. ELLIOTT. It increased up to the time of the suit and then it dropped very sharply and now we think it is coming back. But as I have already said, I feel that we have pretty well saturated the field with respect to seeding for hydroelectric water resources but not as far as the farmer and the rancher are concerned.

Senator CANNON. That lawsuit put you in the unusual position of trying to claim that you didn't affect that which you were out trying to do; is that it?

Mr. ELLIOTT. Well not exactly. Fortunately it put us in the position of claiming that we were hitting our target area and not slopping over.

Senator CANNON. And the target area had actually increased in precipitation and snowpack?

Mr. ELLIOTT. Oh, yes; but it was safely behind dams and no water was let out except for the standard allotted waters.

Senator CANNON. Can you think of anything else that you would like to add, Mr. Elliott, that would be helpful to us?

Mr. ELLIOTT. No; I have nothing else. I would certainly be happy to show you our field office here in Elko if you do have time.

Senator CANNON. I would be very much interested in seeing it while we are here. If you have nothing further to add at this time, we thank you very much for appearing.

Are there any other witnesses that would like to be heard this morning? If not, the hearings will stand in recess and I will arrange with you, Mr. Elliott, about when we can visit your operation.

WEATHER MODIFICATION

MONDAY, FEBRUARY 21, 1966

U.S. SENATE,

COMMITTEE ON COMMERCE,

Washington, D.C.

The committee met at 10:09 a.m. in room 5110, New Senate Office Building, Hon. Howard W. Cannon presiding.

Senator CANNON. The committee will come to order.

This is the third in a series of hearings held by the Committee on Commerce on the subject of weather modification. The first hearing was held in Las Vegas, Nev., on November 5, 1965. The second hearing was held in Elko, Nev., on November 10, 1965. At those hearings representatives from State government, universities, the Navy, and commercial operators were heard. Since the hearings in November, three things have brought the subject into sharper focus. The first is the report of the Panel on Weather and Climate Modification of the National Academy of Sciences. The second is the report of the Special Commission on Weather Modification of the National Science Foundation. The third is S. 2916, a bill to reorganize certain details of the administration of the weather modification program.

The two reports have both optimistic and pessimistic tones. An optimistic note is sounded by the National Science Foundation when they say that "weather and climate modification is becoming a reality." The National Science Foundation states "that a rational exploration of weather and climate modification could be one of the important developments in the atmospheric sciences during the present decade." A pessimistic note is sounded when one reviews the shortcomings of the present programs. In summary, the problems are both scientific and administrative:

(a) Frustration of the attempt in Public Law 85-510 to centralize responsibility;

(b) A failure to develop conclusive results on the effects of cloud seeding;

(c) A failure to develop proper designs for experiments and evaluation;

(d) A failure to develop a coherent program and goals; and (e) A failure to study inadvertent weather modification, and the social, economic, legal, and international implications of weather and climate modification.

In recent times, three dates are important for this subject. In 1946 dry ice and silver iodide were successfully used to modify clouds. In 1957-58 the Advisory Committee on Weather Modification reported a possible 10 to 15 percent increase in precipitation from seeded clouds

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and Public Law 85-510 was passed giving the Natioal Science Foundation significant authority in this field.

The third date is the present. It is important because of the two reports already mentioned. It is important, too, because an opportunity exists to take stock of the present situation, to correct the deficiencies, and to enlarge upon the successes. Nineteen hundred and sixty-six will be the year in which opportunity was seized or lost. The reports are in and action is awaited.

Weather modification is not a new subject. Urban construction, air pollution, and so on, are a continuing experiment in weather modification. What is new is the attempt to perform controlled weather modification. What is new is the effort to separate the science and the fiction.

Charles Dudley Warner of Hartford, Conn., said, "Everybody talks about the weather, but nobody does anything about it." In defense of these hearings, we are here to talk about doing something about the weather.

The first witnesses today are from the National Science Foundation. Before we start with the witnesses I would like to include in the record, a statement from Dr. Wendell A. Mordy, director of the Desert Research Institute of the University of Nevada.

(The bill follows:)

[S. 2916, 89th Cong., 2d sess.]

A BILL To provide for a weather modification program to be carried out by the Secretary of Commerce

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Weather Modification Act of 1966".

WEATHER MODIFICATION PROGRAM

SEC. 2. The Secretary of Commerce (hereinafter referred to as the "Secretary") is authorized to carry out a program of applied research, development, and experimentation in the field of weather modification and climate control, giving particular attention to areas that have experienced floods, drought, hail, lightning, fog. tornadoes, hurricanes, or other weather phenomena.

DUTIES OF SECRETARY

SEC. 3. In order to carry out the provisions of this Act the Secretary is authorized to

(1) conduct applied research, either directly or by grant, contract, or cooperative agreement with public or private agencies or institutions, including but not limited to cooperative programs with any State through such instrumentalities as may be designated by the Governor of such State, in the field of weather modification and climate control;

(2) develop such testing techniques as he deems advisable;

(3) issue regulations, after notice and opportunity for hearing, affecting any operations of commercial enterprises engaged in such field which conflict with or impede any activities conducted under this Act, encourage compliance with such regulations by such enterprises, and report to the Congress not later than one year after the effective date of this Act recommendations for additional legislation concerning the enforcement of such regulations;

(4) acquire by purchase, license, lease, donation, or otherwise such inventions, patents, patent applications, licenses, real property and interests therein as he deems necessary;

(5) accept as a gift, money, material, or services and notwithstanding any other provision of law, use of any such gift, if the donor so specifies, may be restricted or limited to certain projects or areas;

(6) accept and make use of property, equipment, and personnel of other agencies of the Federal Government loaned to the Department of Commerce, with the approval of the Director of the Bureau of the Budget, and such other agencies are authorized to loan, without reimbursement, such property, equipment, and personnel to such Department;

(7) consult with meteorologists and scientists in private life and with agencies of the Federal Government interested in or affected, by research and experimentation in the field of weather modification and climate control; (8) initiate studies, in cooperation with the Federal Council for Science and Technology, on the coordination of activities in such field by agencies of the Federal Government, make recommendations encouraging such coordination to such agencies, and report to the Congress not later than one year after the effective date of this Act recommendations for such additional legislation as he deems advisable to carry out such coordination; and

(9) report annually to the President and to the Congress on the administration of this Act.

HEARINGS; DOCUMENTARY EVIDENCE

SEC. 4. (a) The Secretary, or any employee of the Department of Commerce designated by him, may for the purpose of carrying out the provisions of this Act hold such hearings and sit and act at such times and places and take such testimony as he deems advisable. The Secretary or any employee of such Department designated by him may administer oaths or affirmations to witnesses appearing before the Secretary or such employee.

(b) (1) The Secretary may obtain by regulation, subpena, or otherwise such information in the form of testimony, books, records, or other writings may require the keeping of and furnishing such reports and records, and may make such inspections of the books, records, and other writings and premises or property of any person or persons as may be deemed necessary or appropriate by him to carry out the provisions of this Act, but this authority shall not be exercised if adequate and authoritative data are available from any Federal agency. In case of contumacy by, or refusal to obey a subpena served upon, any person referred to in this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the Secretary, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both; and any failure to obey such order of the court may be punished by such court as a contempt thereof.

(2) The production of a person's books, records, or other documentary evidence shall not be required at any place other than the place where such person usually keeps them, if, prior to the return date specified in the regulations, subpena, or other document issued with respect thereto, such person furnishes such Department with a true copy of such books, records, or other documentary evidence (certified by such person under oath to be a true and correct copy) or enters into a stipulation with the Secretary as to the information contained in such books, records, or other documentary evidence. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. (3) Any person who willfully performs any act prohibited, or willfully fails to perform any act required, by the above provisions of this subsection, or any regulation issued thereunder, shall upon conviction be fined not more than $500. (4) Information contained in any statement, report, record, or other document furnished pursuant to this subsection shall be available for public inspection, except (A) information authorized or required by statute to be withheld and (B) information classified in accordance with law to protect the national security. The foregoing sentence shall not be interpreted to authorize or require the publication, divulging, or disclosure of any information described in section 1905 of title 18 of the United States Code, except that the Secretary may disclose information described in such section 1905, furnished pursuant to this subsection, whenever he determines that the withholding thereof would be contrary to the purposes of this Act.

INTERNATIONAL COOPERATION

SEC. 5. (a) The Secretary is authorized to cooperate in any international activities relating to weather modification and climate control consistent with the provisions of this Act. The authority to cooperate in international weather modification and climate control activities shall be exercised only with the approval of the Secretary of State to assure that such authority is exercised in