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 OF 1965)

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 with

Provision 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 abolishment 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

visory Board or to appoint a designee; to advise and consult with Board and receive recommendations from Board on matters of policy relating to the Secretary's activities and functions under the act; and to fix compensation of Board members at not in excess of $50 per day).

Section 1(c)(3) makes the Secretary of Health, Education, and Welfare an additional member of the Water Pollution Control Advisory Board. (Following the transfer of the Board to the Department of the Interior, the Secretary of Health, Education, and Welfare would no longer be a member of the Board, in the absence of this provision.)

Section 1(d) (1) transfers to the Department of the Interior the hearing boards provided for in sections 10(c) (4) and 10(f) of the act, including any boards so provided for which may be in existence on the effective date of this reorganization plan, together with their respective functions. (Hearing boards provided for in the act are appointed by the Secretary to conduct public hearings relative to water quality standards established by him and, subsequently, to determine remedial action taken by alleged polluters to abate pollution. They make findings and recommendations to the Secretary and form the basis for subsequent court action to abate pollution, in the absence of voluntary compliance.)

Section 1(d) (2) transfers to the Secretary of the Interior the functions of the Secretary of Health, Education, and Welfare under sections 10(c) (4) and 10(f) of the act. (The functions involved are authority to approve State waterquality criteria and plan for implementation and enforcement thereof; establishment of water-quality standards for interstate waters; appointing and convening hearing boards, relative to such standards and relative to compliance with abatement requirements, if remedial action is not taken; and transmitting the findings and recommendations of the hearing board to alleged polluters, specifying a reasonable time to secure abatement of the pollution.)

Section 1(d) (3) requires the Secretary of the Interior to give the Secretary of Health, Education, and Welfare an opportunity to select a member of each hearing board appointed pursuant to sections 10 (c) (4) and 10 (f) of the act. Section 1(e) excepts from the foregoing transfers (1) the functions of the Secretary of Health, Education, and Welfare and the Assistant Secretary of Health, Education, and Welfare under clause 2 of the second sentence of section 1(b) of the Federal Water Pollution Control Act (functions involving public health aspects of water pollution control relating to radiological health, solid waste disposal, and interstate quarantine); and (2) so much of the functions of the Secretary of Health, Education, and Welfare under section 3(b)(2) of the act as relates to public health aspects. (The functions here involved are advising other Federal agencies on public health questions involved in determinations by such agencies of the need for and value of the inclusion of storage for regulation of stream flow for water quality control at Federal reservoirs.)

Section 1(f) transfers to the Secretary of Health, Education, and Welfare the functions of the Surgeon General of the Public Health Service under section 2(k) of the Water Quality Act of 1965 (Public Law 89–234). (Section 2(k) requires that the Surgeon General be consulted by the head of the Federal Water Pollution Administration on public health aspects relating to water pollution over which the head of the Administration has administrative responsibility. The plan would require consultation with the Secretary of Health, Education, and Welfare, instead of the Surgeon General.)

Section 1(f) provides further that within 90 days after this reorganization plan becomes effective, the Secretary of the Interior and the Secretary of Health, Education, and Welfare shall present to the President for his approval an interdepartmental agreement providing in detail for the implementation of the consultations provided for by section 2(k) of the Water Quality Act of 1965, referred to above; and that such interdepartmental agreement may be modified from time to time by the two Secretaries with the approval of the President.

Section 1(g) transfers to the Secretary of the Interior the functions of the Secretary of Health, Education, and Welfare under sections 2 (b), (c) and (g) of the Water Quality Act of 1965, provided that the Secretary of the Interior may exercise the authority transferred under section 2(b) only with the concurrence of the Secretary of Health, Education, and Welfare. (Section 2(b) of the Water Quality Act of 1965 provides for the voluntary transfer of commissioned officers of the Public Health Service to classified positions in the Water Pollution Control Administration, and authorizes them to acquire civil service status, provided such transfer occurs within 6 months of the effective date of the establishment

of the Administration, or such further period as the Secretary of Health, Education, and Welfare may find necessary in individual cases. Section 1(g) of the plan would transfer the authority to extend the transfer period, in individual cases, to the Secretary of the Interior, but only with the concurrence of the Secretary of Health, Education, and Welfare. Sections 2(c) and 2(g) require the Secretary of Health, Education, and Welfare to protect the retirement benefits and compensation levels of such transferred Public Health Service commissioned officers. Section 1(g) of the plan would transfer these responsibilities to the Secretary of the Interior.)

Section 1(h) transfers to the Secretary of the Interior the functions of the Secretary of Health, Education, and Welfare under the following provisions of law:

(1) Section 702 (a) of the Housing and Urban Development Act of 1965 (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 will be adequately treated before it is discharged into any public waterway to meet water-quality standards).

(2) Section 212 of the Appalachian Regional Development Act of 1965 (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).

(3) Section 106 of the Public Works and Economic Development Act of 1965 (authority to certify that waste material carried by sewer or other waste disposal facilities constructed with Federal funds made available under title I of the Public Works and Economic Development Act of 1965 will be adequately treated before it is discharged into any public waterway so as to meet water-quality standards).

Section 2 establishes an additional Assistant Secretary of the Interior, appointed by the President, subject to Senate confirmation, to assist the Secretary of the Interior in the discharge of the functions transferred to him under the plan, and to perform such other duties as the Secretary shall from time to time direct.

Section 3 makes applicable to the functions transferred to the Secretary of the Interior under plan No. 2 of 1966, the provisions of sections 2 and 5 of plan No. 3 of 1950 (authorizing the Secretary of the Interior to delegate the performance of any of his functions to subordinates, and providing for incidental transfers of records, property, personnel, etc. within the Department).

Section 4(a) provides for the usual incidental transfers of 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 Secretary of the Interior or the Department of the Interior, as the Director of the Bureau of the Budget shall determine shall be transferred to the Department and at such times as the Director shall direct. Section 4(b) provides for any further measures and dispositions which the Director of the Bureau of the Budget deems necessary in order to effectuate the transfers referred to in section (a), in such a manner as he shall direct and by such agencies as he shall designate.

Section 4 (c) provides that the reorganization plan shall not impair the transfer rights and benefits of commissioned officers of the Public Health Service provided by section 2 of the Water Quality Act of 1965. (These are referred to above under section 1(g).)

Section 5(a) abolishes that office of Assistant Secretary of Health, Education, and Welfare, which was established by section 1(b) of the Water Quality Act of 1965, to assist the Secretary of Health, Education, and Welfare in the performance of his responsibilities and functions under the Federal Water Pollution Control Act, as amended.

Section 5(b) requires the Secretary of Health, Education, and Welfare to make such provisions as he deems necessary to wind up any outstanding affairs of the Assistant Secretary whose office is abolished by the preceding subsection.

Approved :

JAMES R. CALLOWAY,

ELI E. NOBLEMAN, Professional Staff Member.

Chief Clerk and Staff Director.