II. FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF T

1. The Water Pollution Control Advisory Board and its fu 2. The hearing boards and their functions relating to wate and enforcement (see sec. 10 (c) (4)).

3. The Water Pollution Control Administration (see sec. 2). 4. The plan establishes a position of Assistant Secretary abolishes such a position in the Department of Health, Educ (see sec. 1(b)).

III. OTHER FUNCTIONS TRANSFERRED TO THE SECRETARY OF

1. Authority to certify to the Secretary of Housing and U that waste material carried by sewer facilities constructed w made available under section 702 of the Housing and Urban of 1965 (79 Stat. 490) will be adequately treated before it is d public waterway to meet water-quality standards.

2. Authority to certify that waste material carried by sew disposal facilities constructed with Federal funds made avai of the Public Works and Economic Development Act of 1965 (79 adequately treated before it is discharged into any public w meet water-quality standards.

3. Authority to make grants for the construction of sewage in the Appalachian region using funds under section 212 of Regional Development Act of 1965 (79 Stat. 16).

4. Authority to extend, in individual cases, the period duri Public Health Service officers may transfer to the Federal Wat trol Administration. The Secretary of Health, Education, ar concur in this extension (see sec. 2(b) of the Water Quality Stat. 904)).

5. Authority relating to retirement credit and compensation Public Health Service officers (see sec. 2 (c) and (g) of the W: of 1965).

IV. FUNCTIONS NOT TRANSFERRED TO THE SECRETARY OF THE INT
DEPARTMENT OF THE INTERIOR BY REORGANIZATION PLAN

1. All functions of the Secretary of Health, Education, and
Surgeon General under section 301 of the Public Health Service.
(42 U.S.C. 241), relating to research, investigations, experime
tions, and studies relating to the causes, diagnosis, treatment, c
vention of physical and mental diseases and impairments of man,
purification, sewage treatment, and pollution of lakes and strea
2. Other functions of the Secretary relating to the public he
water pollution control which are involved in programs such a
health, solid waste disposal, and interstate quarantine (see sec. 1
Federal Water Pollution Control Act, as amended).

3. The functions of the Secretary of Health, Education, and We to the health aspects of the need for and value of the inclusion regulation of streamflow for water-quality control at Federal re sec. 3(b) of the Federal Water Pollution Control Act, as amended)

SUMMARY OF MAJOR PROGRAMS AND ACTIVITIES AUTHORIZED BY TH
WATER POLLUTION CONTROL ACT, AS AMENDED TO OCTOBER 2, 1

The major activities provided for under the act are:

1. Federal-State cooperation in the development of comprehensiv for the control of water pollution.

2. Encouragement by the Secretary of Health, Education, and Welfa state cooperation and uniform State laws with respect to the control a tion of water pollution.

3. Conduct of technical assistance, research, training and informa ities in the field of water pollution control by requiring the Secretary, tion with appropriate public (Federal, State, interstate or local) a

Tari

II. FUNCTIONS TRANSFERRED TO THE DEPARTMENT OF THE INTERIOR

1. The Water Pollution Control Advisory Board and its functions (see sec. 9). 2. The hearing boards and their functions relating to water-quality standards and enforcement (see sec. 10 (c) (4)).

3. The Water Pollution Control Administration (see sec. 2).

4. The plan establishes a position of Assistant Secretary of the Interior and abolishes such a position in the Department of Health, Education, and Welfare (see sec. 1(b)).

III. OTHER FUNCTIONS TRANSFERRED TO THE SECRETARY OF THE INTERIOR

1. 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 (79 Stat. 490) will be adequately treated before it is discharged into any public waterway to meet water-quality standards.

2. Authority to certify that waste material carried by sewer or other waste disposal facilities constructed with Federal funds made available under tile I of the Public Works and Economic Development Act of 1965 (79 Stat. 552) will be adequately treated before it is discharged into any public waterway so as to meet water-quality standards.

3. 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 (79 Stat. 16).

4. Authority to extend, in individual cases, the period during which certain Public Health Service officers may transfer to the Federal Water Pollution Control Administration. The Secretary of Health, Education, and Welfare must concur in this extension (see sec. 2(b) of the Water Quality Act of 1965 (79 Stat. 904)).

5. Authority relating to retirement credit and compensation for transferred Public Health Service officers (see sec. 2 (c) and (g) of the Water Quality Act of 1965).

IV. FUNCTIONS NOT TRANSFERRED TO THE SECRETARY OF THE INTERIOR OR THE DEPARTMENT OF THE INTERIOR BY REORGANIZATION PLAN NO. 2

1. All functions of the Secretary of Health, Education, and Welfare and the Surgeon General under section 301 of the Public Health Service Act, as amended (42 U.S.C. 241), relating to research, investigations, experiments, demonstrations, and studies relating to the causes, diagnosis, treatment, control and prevention of physical and mental diseases and impairments of man, including water purification, sewage treatment, and pollution of lakes and streams.

2. Other functions of the Secretary relating to the public health aspects of water pollution control which are involved in programs such as radiological health, solid waste disposal, and interstate quarantine (see sec. 1(b) (2) of the Federal Water Pollution Control Act, as amended).

3. The functions of the Secretary of Health, Education, and Welfare relative to the health aspects of the need for and value of the inclusion of storage for regulation of streamflow for water-quality control at Federal reservoirs (see sec. 3(b) of the Federal Water Pollution Control Act, as amended).

APPENDIX B

SUMMARY OF MAJOR PROGRAMS AND ACTIVITIES AUTHORIZED BY THE FEDERAL WATER POLLUTION CONTROL ACT, AS AMENDED TO OCTOBER 2, 1965

The major activities provided for under the act are:

1. Federal-State cooperation in the development of comprehensive programs for the control of water pollution.

2. Encouragement by the Secretary of Health, Education, and Welfare of interstate cooperation and uniform State laws with respect to the control and prevention of water pollution.

3. Conduct of technical assistance, research, training and information activities in the field of water pollution control by requiring the Secretary, in cooperation with appropriate public (Federal, State, interstate or local) authorities,

agencies, and institutions (both public and private), (a) to conduct, encourage, and promote the coordination of research, investigations, experiments, demonstrations, and studies in water pollution control and, for this purpose, to secure the assistance of experts and consultants, to establish research fellowships and to provide training in technical matters relating to water pollution; (b) to cooperate with and to aid appropriate agencies, institutions, and individuals in this field of work through grants and contracts with them for research, demonstrations and training; and (c) in carrying out these functions, to collect and disseminate information on research, investigations, and demonstrations.

4. Establishment, equipment and maintenance by the Secretary of field laboratories and research facilities in various specified regions of the Nation; and the conduct of research, technical development work, and studies of the present and projected quality of the waters of the Great Lakes under varying conditions of waste treatment and disposal.

5. Authorization of grants to States, municipalities, intermunicipal or interstate agencies, for research and development, for the purpose of assisting in the development of any project which will demonstrate new or improved methods of controlling the discharge into any waters of untreated or inadequately treated sewage or other wastes from storm or storm water sewers, by contract with public or private agencies, institutions and individuals.

6. Authorization of grants to States and interstate agencies for water pollution control programs to aid in the establishment of adequate measures for the prevention and control of water pollution; such grants are to be used for meeting costs, under approved plans, of establishing and maintaining adequate water pollution prevention and control measures, and subject to various conditions and requirements.

7. Authorization of grants to States, municipalities, intermunicipal or interstate agencies for the construction of necessary municipal waste treatment works.

8. Establishment of a Water Pollution Control Advisory Board, described above, to advise, consult with and make recommendations to the Secretary concerning water pollution control policy.

9. Authorization of a cooperative program for the control of pollution from Federal installations.

10. Authorization to the Secretary to establish water quality standards for interstate waters, or portions thereof, and adopt plans for their implementation and enforcement, but the Secretary's authority to act with respect to interstate waters within a State is limited to cases in which there has been no satisfactory State action; provision is made for notice and public hearings with respect to quality standards, before hearing boards, composed of at least five members, including representatives of the Federal and State Governments, appointed by the Secretary, but a minority may not be employees of the Department of Health, Education, and Welfare.

11. Federal enforcement procedures to abate water pollution by conference, public hearings and court action, involving pollution of both interstate and navigable waters, as well as intrastate waters, under certain circumstances; hearing boards, constituted and composed as above, are required for initial findings and recommendations.

12. Procedures provided for with respect to both establishment and enforcement of water quality standards as well as abatement meet all of the requirements of the Administrative Procedure Act.

APPENDIX C

BACKGROUND AND LEGISLATIVE HISTORY OF FEDERAL ACTIONS TO
CONTROL AND ABATE WATER POLLUTION

EARLY HISTORY

Until the enactment, in 1948, of the basic Water Pollution Control Act, the Federal role in water pollution was limited to three acts: the Rivers and Harbors Act of 1899 (30 Stat. 1152), the Public Health Service Act of 1912 (37 Stat. 309), and the Oil Pollution Act of 1924 (43 Stat. 604).

A section of the Rivers and Harbors Act of 1899 prohibited the discharge or deposit into any navigable waters of any refuse matters except that which flowed in a liquid state from streets and sewers. This provision, designed primarily

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;