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Water Quality
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1515975
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Water Quality
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James M. Cannon Files (Ford Administration)
James Cannon's Issues Files
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The original documents are located in Box 39, folder "Water Quality" of the James M.
Cannon Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
ERDA VS. EPA on Radiation
4/28/76
Post
Green h.
Reibman
In Hot
Agencies Feud Over Water Safety
Will
Philadelj
who die
By Thomas O'Toole
split on drinking water
The radiation that people
curred medically. mostly
the age
nation 1
Washington Post Staff Writer
standards become that the
are exposed to is measured
from diagnostic X-rays and
The federal agencies that
White House has been called
in units called rem, for Γo-
fluoroscopies that use con-
over Rol
in to act as umpire.
eutgen-equivalent-man. Most
tinuous X-rays to photog-
blind at
develop atomic energy and
"We are never the final
doses people receive are
raph internal body move-
The Bat
regulate the environment are
arbiter in a regulatory deci-
measured in terms of a milli-
ments. The average per-
that the
in a fierce fight over the ra-
sion." said a spokesman for
rem, which is one thousandth
capita dose from medical
ization.
t
diation standards the United
the White House Office of
of a rem.
sources is about TO millirem
Executiv
States ought to establish for
Management and Budget.
People receive radiation
per year. though a patient
be able
its drinking water.
What we're doing is keep-
from the potassium in the
may receive as many as 4.-
candidat
The Energy Research and
ing ERDA and EPA talking
body. the radioactive elem-
000 millirem in a year.
election.
Development Administration
so they reach some kind of
ents in the earth's crust, and
The EPA says it can do
Ref
wants to keep radiation
an agreement."
the cosmic and ultraviolet
little about X-rays and noth-
also a
standards on air and water.
The two agencies have
rays that bombard the earth
ing about background radia-
crat an
right where they are. while
agreed on very little 50 far.
from space and the sun.
tion but can tighten the
black m
the Environmental Protec-
ERDA has suggested there
The average annual dose
standards on drinking water.
and the
Agency is pushing for
he nocuange in the radiation
from all these sources is 130
Its fouramillirem proposal
Gray II
strict new standards that
standards, which today allow
millirem. climbing to almost
is more radiation than any
tight ba
would at least restrict the
people-to be exposed to: a
twice that in Colorado
American gets drinking from
amounts of radiation allowed
maximum of 500 millirem
where the high altitudes al-
a community water supply,
in natural and man-made
per year above the normal.
low more cosmic rays to
N.Y.
the EPA says. It, concedes
drinking water supplies.
amount of background radi-
penetrate the atmosphere
that its exposure standard
The dispute has been sim-
ation they receive. EPA
and where there is an ab-
is exceeded in the well
Clea
mering for six months. but
wants, starting with the wa-
dance of uranium in the
water found in rural regions
recently escalated into open
ter we drink. a much lower
ground.
of Texas. Colorado and Illi-
NEW
warfare between the two
exposure-no more than four
The major exposures from
nois. but says the trace ele-
(AP)-T
agencies. So wide has the
millirem per year.
man-made radiation are in-
ments causing the excess
appeal
radiation can be elminated
court n
with water softeners costing
no. more than $3 million at-
pose t
Activities Today in Congress
tionwide.
bridges
In response. ERDA says it
and Eas
is concerned about the diffi-
cruising
Senate
Markya on S. 2035, military auth.,
vest. & Review SUBCS. Cont. on Air
cuity of changing a regula-
other cmts. bus. 212 Russell Bldg.
Transport. Economics. Pub wit. 2167
Armed Services Subcommittee-2
RHOB.
tion once it's put into place.
areas to
Meets at noon on abortion emend-
ment.
c.m. Closed. Nuclear weapons security.
Rules-10:39 a.m. Open. HR. 8519-
It cites the possibility that
"We
Committees:
Brig: Gen. William Maxson, USAF. 224
Packers & stockyards Act amend.: HR
Appropriations Subcommittee a.m
Russell Bldg.
7043- flexible work schedules in govt. H.
21st Century fusion power
out a
& 2 c.m. Open. Interior. EP.DA budget
313 Cap.
FY 1977. Dr. Philip White, ERDA. 1114
plants would release enough
House
forces
Science & Technology-10 a.m. Open.
Dirksen Bidg.
Dom. & Inll. Sci. Planning & Analysis
of a short-lived ràdioactive
Apprepriation Subcommittee 10 a.m
Meets of noon.
Subc. Cont. on fed. R&D budget & the
isotope called tritium to
impose
Open. Agriculture: Markup on second
Committees:
economy. 2325 RHOB.
supplemental budget. $123 Cap.
Aging-m a Open Housing & Con-
Science 3 Technology-10 a.m. Open.
cause the nation's water
questio
Commerce-9:30 a.m. Open. Electric
sumer Interest Subc. Cont. on elderly
Cont. OT HR. 12112- synthetic fuel isg.s.
utility legis. Martin Rogol, Public Inter-
crime victimization. Pub. wit. 2203 Ray.
2318
RHOB.
supplies to exceed the new
gies,"
est Group: Erwin Stelzer, Natl. Eco-
burn House Office Bldg.
Standards of Conduct-10 a.m. Open.
standard.
nomic Research Assoc.: William
Pending business. 2360 RHOB.
Beame
Appropriations-1 p.m. Open. Agri.
Harsch, Rhode Island Public Utility
Ways & Means-10 a.m. Open: Social
"The radiation would still
Comm. 5110 Dirksen Bldg.
Subc. Mark-up agriculture dept. approp.
Security Subc. Cont. on state & local
The U.
2362 RHOB.
coverage of Govt. employees under So.
not be enough to trigger any
Commerce-10 a.m. Open. S. 2661,
Appropriations-10 a.m. Open. D.C.
cial Security system. MC. Comte Room.
cancers." an ERDA spokes-
said M
Nati. Transportaton Safety Bd. auth.
Webster Todd. Nall. Transportation
Subc. On budget amends. H-302 Cap.
LHOS.
Ways & Means-10 a.m. Open: Unem-
man said, "but would be
and sta
Safety 8d. 457 Russell Bldg.
Agriculture-10 a.m. Ocen: Family
playment Subc. On fedl. Suppl. Benefits
Farm: & Rural Develop. Subc. Pending
enough to shut down the fu-
behind
Financs-10 a.m. Open. Markup on
& Spec. Unemployment Asst. Programs.
tax reform legis. 2221 Dirksen Bldg.
business. 1302 Longworth House Office
Dept. pub. wit. B-316 RHOB.
Bldg.
sion plants under the EPA
erally
Ways & Means-2:30 p.m. Open. Trade
Foreign Relations Foreign Assistance
Agriculture 10 e.m. Open. Conserv. &
SUDC. Cn ITC. auth. H-208 Can
regulation."
plan.
Subcommittes-10 A.M. Ocen. Markup
Credit Subc. Cn toxic contemination of
on foreign paid bill. 421 Dirksen Bidg.
livestock. 1301 LHOS.
Government Operations-10 a.m.
Agriculture-2 p.m. Cpen. Femily
Open. S. 23/2. FEA extension auth.
Farms & Rural Develop. Subc. On HR
Frank Zarb. FEA admin. 330 Dirkson
7159 Concerted Serv. is Training Edu.
Bldg.
Task Force. 1302 LHOE.
Interior-10 a.m. Open. 5. 1116. "
Armed Services-10 a.m. Open. In.
make Valley Force = nail. menument.
other cmte. bus. 3110 Dirksen Bldg.
vest. Subc. Pending business. 2337
RHOB.
Judiciary Administrative Practice and
Armed Services-10:10 a.m. Closed
Fiecedure Subcommittes a.m.
trivest. Subc. (Command Control &
Open. S. 773. 6. 7. 8, o, 800. Adm.n.
Commun Panel). On commun. systems
Procedure Act amends. Sen. Paul F3n-
YOUR SUMMER POUCH
nin, Ralah Nader. Peter Stravas, NRC
1 Facilities Cept. wit. 2337 RHOB.
2228 Dirksen Bids.
Banking-10 a.m. Open. Mark-up
Labor and Public Welfare Subcommit-
Housing Acth. Act. 2128 P.HOB.
BY HERMES OF PARIS
tee-11 a.m. Open. Markup on arts-ity-
District of Columbia-10 a.m. Open.
manities programs auth. 432 Dirksen
Fiscal All. Subc. Mark-up HR 11515-
Bldg.
Fed. Funds for D.C. pension plans. 1310
Rules and Administration-13 a.m.
LHOB.
"Tsanda," a masterful
Education & Labor-10 a.m. Cpen.
Open. Markup on S. Res. 407, intell-
Manpower, Come.. Health & Safety
gence oversight cmte. 301 Russell Blco.
combination of linen and
Subc. Mark-up HR 10138. Young Adult
Select Small Business Monopoly SUD-
Conserv. Act. 2261 RHOB.
committee-10 a.m. Open. Medical e.f./-
Government Operations-10 a.m.
leather. The unlined
cation and the energy industry. Dr.
Oven. Govt. info. & Indiv. Rights Sute.
Richard Crout. Peter Rheinstern, FDA.
On HR 12037-amend Privacy Act: CIA
318 Russell Bid3.
Dir. Bush 2247 RHOB.
Government Operations-10 a.m.
pouch of uncompromising
Joint Committee on Defense Produe.
tion-10 6.m. Open. U.S. Civil and in
Open. Intergovil. Pet. & Human Res.
dustrial prépareChess. Faul Nitze. mem-
Subc. Cont. mark-up geni, revenue shar-
elegance, natural with
ber of the SALT delegation: Herman
ISS legis, 2154 RHOB.
Kahn. author: Dr. Woldang H.K. Penol.
House Administration-2:30 p.m.
sity, ABM critic. 5302 Dirksen Blds.
Ocen. Contracts subc. Pending business.
toast, or navy, 150.00.
H-323 Cap.
Appropriations Subcommitten-10 e m.
Interior-10:30 +.m! Open. On HR
Cloued. DOD. U.S. Army tund 001-03-
5224. Pub. Land Policy & Manage. Act.
Hermès Boutique.
Nons. Wiresses from USA and CCO.
134 LHOB.
183 Dirsen 8159.
Commerce-10 a.m.: Open. Transport
Armed Services-10 a.m.
First Floor.
Clo;ed. Digitized from Box 39 of the James M." Cannon Files at the Gerald R. Ford Presidential Library
reviewent
THE WHITE HOUSE
WASHINGTON
June 28, 1976
Dear Governor Carey:
The President has asked me to respond to your telegram
regarding Federal assistance in the clean-up effort on
the beaches of Long Island.
At the President's direction, the Domestic Council,
together with representatives of the Environmental
Protection Agency, the Coast Guard, National Oceanic
and Atmospheric Administration and other appropriate
Federal agencies have been coordinating Federal efforts
to assist in the clean-up of Long Island's beaches.
As you know, the President directed local Job Corps
personnel to assist in the clean-up. This is already
underway. Federal monitoring efforts have also been
intensified.
All of this is being done in full coordination with local
officials. George Humphreys of my staff has been in
regular contact with Commissioner Berle and will
continue to keep him informed as we proceed.
With best wishes,
Sincerely
James M. Cannon
Assistant to the President
for Domestic Affairs
Honorable Hugh L. Carey
Governor of New York
Albany, New York 12224
June 28, 1976
Dear Governor Carey:
The President has asked me to respond to your telegram
regarding Federal assistance in the clean-up effort on
the beaches of Long Island.
At the President's direction, the Domestic Council,
together with representatives of the Environmental
Protection Agency, the Coast Guard, National Oceanic
and Atmospheric Administration and other appropriate
Federal agencies have been coordinating Federal efforts
to assist in the clean-up of Long Island's beaches.
As you know, the President directed local Job Corps
personnel to assist in the clean-up. This is already
underway. Federal monitoring efforts have also been
intensified.
All of this is being done in full coordination with local
officials. George Humphreys of my staff has been in
regular contact with Commissioner Berle and will
continue to keep him informed as we proceed.
with best wishes,
Sincerely,
James M. Cannon
Assistant to the President
for Domestic Effairs
Honorable Hugh L. Carey
Governor of New York
Albany, New York 12224
JMC:AQ:hd
BERALD FORD LIBRARY
June 28, 1976
Dear Governor Carey:
The President has asked me to respond to your telegram
regarding Federal assistance in the clean-up effort on
the beaches of Long Island.
At the President's direction, the Domestic Council,
together with representatives of the Environmental
Protection Agency, the Coast Guard, National Oceanic
and Atmospheric Administration and other appropriate
Federal agencies have been coordinating Federal efforts
to assist in the clean-up of Long Island's beaches.
As you know, the President directed local Job Corps
personnel to assist in the clean-up. This is already
underway. Federal monitoring efforts have also been
intensified.
All of this is being done in full coordination with local
officials. George Humphreys of my staff has been in
regular contact with Commissioner Berle and will
continue to keep him informed as we proceed.
with best wishes,
Sincerely,
James M. Cannon
Assistant to the President
for Domestic Effairs
Honorable Rugh L. Carey
Governor of New York
Albany, New York 12224
JMC:AQ:hd
FORD
GIVU30
June 28, 1976
Dear Governor Carey:
The President has asked me to respond to your telegram
regarding Federal assistance in the clean-up effort on
the beaches of Long Island.
At the President's direction, the Domestic Council,
together with representatives of the Environmental
Protection Agency, the Coast Guard, National Oceanic
and Atmospheric Administration and other appropriate
Federal agencies have been coordinating Federal efforts
to assist in the clean-up of Long Island's beaches.
As you know, the President directed local Job Corps
personnel to assist in the clean-up. This is already
underway. Federal monitoring efforts have also been
intensified.
All of this is being done in full coordination with local
officials. George Humphreys of my staff has been in
regular contact with Commissioner Berle and will
continue to keep him informed as we proceed.
With best wishes,
Sincerely,
James M. Cannon
Assistant to the President
for Domestic Effairs
Honorable Hugh L. Carey
Governor of New York
Albany, New York 12224
JMC:AQ:hd
BERALD FORD LIBRAMA
2
3
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The White House
1
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WHD031
639P EDT JUN 24 76
WAE234(1737)(1-033587A176)PD 06/24/76
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TLX EXCH ALB
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1976 JUN 24 PM 6 57
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ZCZC 2 DLY ALBANY NEW YORK
JUNE 24 1976
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PMS THE PRESIDENT
PHONE AND DELIVER
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THE WHITE HOUSE
C/O GEORGE HUMPHRIES
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WASHINGTON D C
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I ASK THAT YOU DIRECT FEDERAL AGENCIES TO ASSIST IN EVERY
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WAY IN THE CLEAN-UP EFFORT OF BEACHES ON LONG ISLAND.
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I ALREADY HAVE DECLARED A STATE DISASTER, AND DIRECTED
16
STATE COMMISSIONER PETER A A BERLE OF ENVIRONMENTAL
17
18
CONSERVATION TO COORDINATE STATE AND LOCAL EFFORTS TO CLEAR
19
FORM 0805 PRINTED BY THE STANDARD REGISTER COMPANY, U. S.
20
THE REFUSE, SLUDGE AND DEBRIS FROM THE BEACHES.
21
THE DEPARTMENT WAS INSTRUCTED TO WORK WITH CONCERNED FEDERAL
22
FORD
23
AGENCIES AS THE ENVIRONMENTAL PROTECTION AGENCY AND THE
24
COAST GUARD. THE JOINT STATE-FEDERAL ENDEAVOR IS NEEDED
GERALD
25
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TO ASSURE THE PROTECTION OF PUBLIC HEALTH.
4 5 6 2 3
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HUGH L CAREY
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THE
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RY
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PRINTED
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FORD is 07V830 LIBRARY
0805
FORM
23
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2
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The White House
1
2
Weshington
3
W HD 031
639P EDT JUN 24 76
WAE234(1737)(1-Q33587A176)PD 06/24/76
4
5
TLX EXCH ALB
1976 JUN 24 PM 6 57
6
ZCZC 2 DLY ALBANY NEW YORK
JUNE 24 1976
7
8
PMS THE PRESIDENT
PHONE AND DELIVER
9
THE WHITE HOUSE
C/O GEORGE HUMPHRIES
10
11
WASHINGTON D C
12
I ASK THAT YOU DIRECT FEDERAL AGENCIES TO ASSIST IN EVERY
13
14
WAY IN THE CLEAN-UP EFFORT OF BEACHES ON LONG ISLAND.
15
I ALREADY HAVE DECLARED A STATE DISASTER, AND DIRECTED
16
17
STATE COMMISSIONER PETER A A BERLE OF ENVIRONMENTAL
18
CONSERVATION TO COORDINATE STATE AND LOCAL EFFORTS TO CLEAR
19
THE REFUSE, SLUDGE AND DEBRIS FROM THE BEACHES.
FORM 0805 PRINTED BY THE STANDARD REGISTER COMPANY U.
20
21
THE DEPARTMENT WAS INSTRUCTED TO WORK WITH CONCERNED FEDERAL
22
23
AGENCIES AS THE ENVIRONMENTAL PROTECTION AGENCY AND THE
LISTATY GERALD R. FORD
24
COAST GUARD. THE JOINT STATE-FEDERAL ENDEAVOR IS NEEDED
25
26 TO ASSURE THE PROTECTION OF PUBLIC HEALTH.
2
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HUGH L CAREY
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FORM 0805 PRINTED BY THE STANDARD REGISTER COMPANY U. S. U.S.A. S.A.
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LISTARY GERALD R. FORD
24
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Is Dlegal
Put the shoulder D thembel
Do 11
2 3 you FORD = W5 07V130 LIBRARY
THE WHITE HOUSE
DECISION
WASHINGTON
June 25, 1976
MEMORANDUM FOR: THE PRESIDENT
FROM:
ART QUERN
SUBJECT:
Long Island Beaches
Jim Cannon and George Humphreys of the Domestic Council
have completed a review of the Long Island beach
situation. There are problems but the situation is not
as widespread nor severe as first reported. However,
the public is staying away from almost all the beaches
and some 46 of the 70 miles of beach remain affected.
The sources of the problem appear to be:
1.
A recent oil spill in New Jersey waters.
2.
Vast amounts of sewage from entire New York
Metropolitan region.
3.
Illegal discharges from ships offshore.
4.
Storm water runoff.
The main reason this has occurred is believed to be an
unusually long period of southwesterly winds.
It appears that the problem could be effectively resolved
by taking 100 Federal job corps personnel, already on
the payroll at the minimum wage, and having them work
with local people during the next week. Estimates
are that beaches could be cleaned by the Fourth of
July weekend at a total Federal cost of approximately
$25,000.
Attached is a draft statement for your approval.
Approve
Disapprove
DRAFT STATEMENT
June 25, 1976
President Ford today directed the Secretary of Labor
to make available Federal Job Corps personnel to
assist in the cleanup of Long Island beaches.
These beaches have been closed because of a series
of circumstances still being investigated which
include an oil spill, illegal discharges from ships
offshore and from unusual wind and ocean current
conditions which have moved sewage, sludge and storm
water runoff from normal patterns onto some 70 miles
of Long Island's southern coast.
The President also directed the Environmental Protection
Agency, the Coast Guard and other appropriate Federal
agencies to intensify their efforts to monitor the
problem, ascertain its source and make recommendations
to prevent reoccurrences.
The President asked the Domestic Council to oversee
these efforts and to assure that they are carried out
in full coordination with the efforts of New York
State and the affected local communities.
THE WHITE HOUSE
WASHINGTON
June 25, 1976
MEMORANDUM FOR: MARGARET EARL
FROM:
ART QUERN AWQ
SUBJECT:
Long Island Beaches
Raw sewage, garbage, sludge and other debris has washed
along a 70 mile stretch of beaches -- from Atlantic Beach
at the Queens-Nassau border to just east of Southhampton.
The source of the material is not known. The most plausible
theory suggests that several factors have combined to create
this unique condition. There was a blow-up at a sewage
treatment plant two weeks ago on the South Shore and raw
sewage was pumped into the bay. Heavy rains on the island
have added to the normal run-off problem, in addition to
creating over-flow conditions at the treatment plants.
Passing ships discharge oil, sewage and garbage into the
ocean. A major oil spill was sighted about ten days ago
that could contribute to the problem. New York City is
still discharging raw sewage into the Hudson and the New
York Harbor.
Most importantly, the winds and currents off the island
have been flowing contrary to the normal patterns, thus
washing the floatables to shore rather than out to sea as
in normal conditions. It would appear that the real solution
to the problem would be a shift in the winds and currents to
take the garbage out to sea. So long as the climatic
conditions remain the same, the problem could presist.
LOCAL ACTIONS
The beaches were closed on the advice of the County health
authorities based more on the concern for potential health
problems than on sample data. In fact, the coliform count
of the off-shore water indicate the waters are now swimmable.
Obviously, the waste materials and fecal matter in the water
and on the beaches makes swimming an unattractive option.
2
STATE ACTIONS
Governor Carey has sent a telegram to the President seeking
Federal aid on the basis of declaring the island a disaster
area. The State Department of Environmental Conservation
has been assigned the lead responsibility for coordinating
state and local activities.
FEDERAL ACTIONS
The Federal involvement to date has been:
1.
Jim Cannon, Executive Director of the Domestic Council
and George Humphreys, Associate Director of the Domestic
Council are in New York today and will visit the affected
areas and meet with local officials.
2.
EPA has stepped up its monitoring efforts to keep
track of any water quality changes and is mounting a
major effort to determine the actual source or sources
of the material.
3.
National Park Service has cleared up its own beach
area -- 16 miles in length -- on two separate occasions.
4.
The Regional Director of EPA has called a meeting with
the Federal, State and local agencies and the two
County Executives to discuss a coordinated effort to
clean up the area.
The stance of the Federal agencies to date has been that the
State, and County, and local governments have the responsibility
to clean up.
The Coast Guard is limited by law to clean up only oil spills
and hazardous materials (such as toxic chemicals). The
Coast Guard contends that it does not have the authority
to clean the area. The Corps of Engineers is limited to
cleaning up navigable waters (piers, shipwrecks). EPA
has no resources in personnel, material or money to clean
up.
[July 19767
NOTE FOR MR. MITCHELL
Subject: 404 letter
Attached is a letter Mr. Train wants to send to the Committees
on 404. Initially it opposed the Wright substitute. Although
it now only gives factual information it clearly leaves the
impression that we should not reduce the jurisdiction of
the program.
Train states he needs to send some kind of letter to establish
some sort of position in response to the strong environmental
support and concern for this issue. If we clear this letter,
Army and the other agencies may also want to send a letter.
The Committee has not asked for Train's views. Previously Train
has Written A MUCH stranger letter AGAINST Limiting Jurisdiction
OF This program when he supported be cleveland HArsha
Clear the letter
Do not clear the letter
Tozzi
UNITED
STATE
AGENCY
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
PROTECTION
WASHINGTON, D.C. 20460
THE ADMINISTRATOR
Dear Mr. Chairman:
The President has announced a 60-day freeze on implementing Phase
II of the Section 404 program regulating discharges of dredged or fill
materials. This freeze will provide Congress an opportunity to estab-
lish an appropriate legislative base for this critical environmental
program.
I am hopeful that the Senate will hold hearings on the section as
soon as possible. The protection of the Nation's remaining wetlands is
a matter of the highest priority. While the amendment actually adopted
by the House of Representatives is still being evaluated by the Adminis-
tration, I must point out that a major effect of that amendment would be
to limit the jurisdiction of the 404 program very significantly.
Unless the States assume a greatly expanded regulatory role, limiting
the section 404 program will encourage the continuation of two significant
types of environmental harm often caused by dredged or fill material.
First, just as water uses are degraded by industrial and municipal
wastes, discharges of dredged or fill materials containing toxic sub-
stances threaten water supplies, fisheries and other beneficial uses
unless carefully managed. Such toxic substances are present in the
aquatic environment when discharged to water regardless of whether or
not a stream supports commercial shipping. Similarly, pollutants are
available to degrade water and attendant biota when discharged in marshes
and swamps, both below and above the mean high and ordinary high water
marks. Presently, we have experienced a public outcry over alarming
concentrations of kepone in the James River and PCBs in the Hudson River
and in Antietam Creek, a tributary of the Potomac River.
Second, unlike most industrial and municipal pollution, dredged and
fill material can physically destroy essential parts of the aquatic
system including swamps, marshes, submerged grass flats and shellfish
beds. These critical aquatic areas are essential to many water uses,
not the least of which is a viable commercial and sports fishery.
Wetlands often serve as spawning and nursery areas while providing
natural control of organic and inorganic nutrient transfers that dictate
the quantity and quality of life in the water. I think we can all agree
that the declining availability of swamps, marshes and free-flowing
streams to assimilate pollution from point and nonpoint sources will
greatly increase the dollar and energy costs of maintaining desirable
water uses.
Wetlands perform the following beneficial functions:
(1) As a food source for aquatic life, coastal and inland
wetlands yield several times more usable organic matter per acre than
most land-based agricultural crops.
(2) Inland and coastal wetlands serve as spawning, nursery
and feeding areas for over two-thirds of the commercial and sports
fisheries.
(3) Point and nonpoint source pollutants such as sewage, oil
and grease, fertilizer and other agricultural and urban runoff are
converted to useful plant matter by swamps and marshes -- a free pollu-
tion abatement system.
(4) They serve as sponges and buffers to absorb and retard
destructive flood and storm waters.
(5) Swamps, marshes and lakes are essential nesting and
wintering areas for waterfowl. Between 1950 and 1968, we destroyed 5
million acres of wetlands important to waterfowl.
(6) Some swamps recharge the groundwater needed for municipal
and industrial water supplies.
(7) Swamps, marshes and small streams often are unique
recreational areas, high in aesthetic value, and may contain delicate
and irreplaceable specimens of fauna and flora.
The Nation has already converted a significant part of our most
productive aquatic systems to other uses. More than 40 percent of the
Nation's wetlands were eliminated prior to 1956. Critical aquatic areas
have been chosen frequently as sites for discharging dredged or fill
material. A Fish and Wildlife Service study has established that be-
tween 1950 and 1969, 600,000 acres of estuary were lost because of
discharging dredged material and fill material alone.
We testified in the July 1975 hearings before the House Subcommittee
on Water Resources that the Army Corps of Engineers and EPA had agreed
to cooperate in establishing a joint program. Thereafter, interim final
regulations and guidelines were promulgated to direct implementation of
a manageable program for balanced decision-making with improved oppor-
tunities for State and local participation. New administrative mechanisms
employed by the Army Corps of Engineers in the section 404 program, now
in effect, promise to avoid overregulation and to focus limited private
and public resources on the more significant environmental problems
associated with destruction of critical aquatic areas by dredged or fill
material discharges. As administrative problems develop, they are being
reviewed by several agencies and interest groups including the Corps and
EPA. A comprehensive assessment of State programs is nearing completion.
We all recognize that this analysis of the new program may lead to
specific legislative recommendations in the future. Phased implementa-
tion and issuance of general permits are providing the measure of
moderation and flexibility we all see as necessary to a reasonable
program. A commendable effort by the Corps, including significantly
improved coordination with EPA, has already resulted in several mid-
course corrections.
We would appreciate the opportunity to report fully to the Congress
on our experience in administering the program with the Army Corps of
Engineers. I would be happy to discuss any of these matters further at
your convenience.
Sincerely yours,
Russell E. Train
Honorable Jennings Randolph
Chairman
Committee on Public Works
United States Senate
Washington, D.C. 20510
invironment Invis
THE WHITE HOUSE
INFORMATION
WASHINGTON
July 7, 1976
MEMORANDUM FOR JIM CANNON
FROM:
GEORGE HUMPHREYS
and
SUBJECT:
404 Regulations
The Congress is considering amendments to the
Water Pollution Control Acts that would affect
the degree of Federal control over wetlands.
The President, on July 2, directed the Corps of
Engineers to delay implementation of their
guidelines pending Congressional action.
OMB is meeting with the agencies involved to work
out the options that would be available to the
President. The option paper should be finished
early next week.
Russ Train has presented a draft letter (copy
attached) to Jennings Randolph for OMB clearance
that would establish EPA's position on the
amendments. Without arguing the merits of Mr.
Train's position, Jim Mitchell feels that the
President should have the opportunity to establish
the Administration's position before Agency heads
go public. Mitchell, and Jim Lynn ,asked that you
be made aware of the issue, and that you be
supportive of that decision.
I concur with OMB and recommend your support.
Geo
Thank Soin to wat to need June
train the letter
THE WHITE HOUSE
WASHINGTON
July 26, 1976
MEMORANDUM TO: JIM CONNOR
FROM:
JIM CANNON
Art
FOR
SUBJECT:
Army Corps of Engineers Dredge
and Fill Authority under Section 404
of the Federal Water Pollution Control Act
In regard to Jim Lynn's memorandum to the President
on the Section 404 issue:
Decision 1
The Domestic Council concurs with the
OMB, CEQ and "all agencies" that the
modifications to the previous Adminis-
tration position should be approved.
Decision 2
On the geographical extent of the Corp's
jurisdiction, the Domestic Council supports
the first choice, that of retaining the
Administration's previous position (Cleveland-
Harsha, all waterways and wetlands).
THE WHITE HOUSE
ACTION MEMORANDUM
WASHINGTON
LOG NO.:
Date: July 24, 1976
Time:
FOR ACTION: Jack Marsh
XXXXXXXXXXXX
Jim Cannon
Brent Scowcroft
Phil Buchen
Dave Gergen
Bob Hartmann
Max Friedersdorf
FROM THE STAFF SECRETARY
DUE: Date:
Tuesday, July 27
Time: 10:00 a. m.
SUBJECT:
Lynn memo re: Army Corps of Engineers Dredge
and Fill Authority under Section 404 of the
Federal Water Pollution Control Act
ACTION REQUESTED:
For Necessary Action
X For Your Recommendations
Prepare Agenda and Brief
Draft Reply
X For Your Comments
Draft Remarks
REMARKS:
PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.
If you have any questions or if you anticipate (
delay in submitting the required material, pleas:
Jim Connor
telephone the Staff Secretary immediately.
For the President
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
MEMORANDUM FOR:
THE PRESIDENT
FROM:
JAMES LYNN
ISSUE:
Army Corps of Engineers Dredge
and Fill Authority under Section
404 of the Federal Water Pollution
Control Act
In May you decided to support a restriction -- known as the
Cleveland-Harsha Amendment -- to jurisdiction of the Corps
under Section 404 of the Federal Water Pollution Control Act
over dredge and fill permits.
On June 3 the House instead adopted tighter restrictions on
the Corps -- the so-called Wright Amendment.
In view of the House action and your recent decision to delay
until September 1 any further expansion of Corps permit juris-
diction under present law, the Senate Public Works Committee
has scheduled hearings for next Tuesday and Wednesday.
Your advisors are divided on the Administration position
in the Senate hearings.
Background
Dredged material consists of sediments removed from the bottoms
of water bodies for the purpose of maintaining navigational
channels; fill material consists of solid material placed in the
water to create additional land or structure (e.g., levees, dams,
roadways).
The Corps has been authorized to control dredge and fill activi-
ties by permit:
since 1899, in waterways ("navigable waters") that
are navigable or potentially navigable (about 100,000
miles) plus;
since 1972, in waterways ("historically navigable
waters") that have been historically navigable
(e.g., traversed by colonial fur traders -- about
500,000 additional miles), plus;
2
since 1975, in all other waterways (about 1,650,000
miles) including adjacent wetlands, e.g., swamps
(about 84,000 square miles) of the United States,
whether navigable or not.
The reasons for monitoring dredge and fill activities have
been:
since 1899, preventing obstructions to navigation,
plus;
Ó since 1967, enhancing fish and wildlife and water
quality plus; 1/
since 1970, enhancing all factors affecting the
public interest, including other environmental
considerations (e.g., land use, aesthetics).
Agriculture, forestry, dredging and real estate development
groups oppose the additions to the jurisdiction of the Corps
program since 1972.
The recent Congressional attempts to limit the scope of the
program center around two alternative approaches:
limiting geographical jurisdiction (exempting
certain rivers, river segments and wetlands from
Corps regulation) ;
limiting activities (exempting certain activities,
such as agriculture and forestry operations, from
Corps regulation).
The Cleveland-Harsha amendment takes the latter approach --
exempting "normal" agriculture and forestry activities (which
were never intended to be regulated), while retaining Corps
jurisdiction over all waterways and wetlands. The Wright
amendment includes both approaches -- incorporating the
Cleveland-Harsha exemptions for agriculture and forestry, but
also limiting Corps jurisdiction to navigable waters and
adjacent wetlands plus coastal wetlands (pre-1972 jurisdictions)
1/ Since 1972 the Environmental Protection Agency has also
had authority to ensure water quality --- whether affected
by dredge and fill activities or otherwise -- in all the
waters of the United States. This not at issue.
3
Agency Positions
The agencies (Army, EPA, Interior, Agriculture, Commerce,
DOT, CEQ and OMB) are agreed that -- whatever the geographical
extent of Corps jurisdiction --
"all", not just "normal", current agricultural
and forestry activities should be exempt by statute,
the factors the Corps should take into account
in permit decisions should be limited to
navigational, water quality and fish and wildlife
considerations -- and should not include other
environmental factors (such as land use and
aesthetics) -- but no attempt should be made to
exempt the Corps program from NEPA to lessen the
burden of preparing environmental statements. 2/
any activity deemed by the Corps to be insignificant
should be exempt, and
o the Corps should have authority to delegate the
program to the States as to any waters other than
navigable waters.
If you approve, the Administration's previous position will
be modified accordingly.
The agencies are in disagreement over the appropriate
geographical extent of the Corps jurisdiction.
Army, EPA, CEQ, Interior and DOT prefer retaining Corps
geographic jurisdiction over all waterways and wetlands as
provided in Cleveland-Harsha.
Logically, there is no need for broad gauged environmental
impact statements -- which include discussion of all sorts
of impacts -- if just navigation, water quality and fish and
wildlife are to be considered. However, Army, EPA, CEQ,
and Interior strongly oppose -- on both policy and pragmatic
grounds -- any attempt to exempt the program from NEPA
to reduce the time, effort and expense of preparing such
documents. In addition, NEPA results in a complete
disclosure of environmental impacts to the public, and to
State and local governments.
4
Agriculture prefers narrowing Corps geographic juris-
diction as in the Wright amendment -- i.e., limiting
Corps jurisdiction to navigable waters and adjacent
wetlands plus coastal wetlands. This would exclude
approximately 2,150,000 miles of waters and 60% of
inland wetlands. 3
Commerce would also include historically navigable
waters, and would authorize the Corps to add additional
waters and wetlands as necessary for the protection of
municipal water supplies, fish and wildlife, and
pollution and flood control.
Army, EPA, CEQ, Interior and DOT support the broadest
Corps geographic jurisdiction (Cleveland-Harsha)
because:
coastal and inland wetlands -- constituting 3.5
percent of the land area of the United States --
are a water resource which provides natural bene-
fits of flood protection, water purification,
water supply, water pollution control, erosion
and sedimentation control and habitat for aquatic
life that supports sport and commercial fish-
eries; in addition, wetlands also serve as
storage areas for water that eventually seeps
down and replenishes natural underground water
supplies;
the biological productivity of a wetland is
completely divorced from the fact that it is
or is not located adjacent to a river capable
of carrying commerce;
reliance on State and local governments which
have not provided adequate protection for our
wetlands -- 40% of the Nation's wetlands were
eliminated between 1850 and 1956 -- is misplaced;
it will be favorably received by environmental
interests and goes a long way toward satisfying
agricultural and forestry interests.
Agriculture favors a narrower Corps geographic juris-
3
Since, under the Wright amendment, the States can pe-
tition the Secretary of the Army to administer a regula-
tory program in all waters, conceivably, but improbably,
Corps jurisdiction under Wright could approach that of
the Cleveland-Harsha amendment.
5
diction (Wright) -- navigable waters and adjacent wetlands,
plus coastal wetlands because this approach:
O regulates the most important wetlands for water
quality, the remaining wetlands making a much
less significant contribution to commercial fish-
ing;
acknowledges what many argue to be the Congressional
intent of the 1899 and 1972 Acts, i.e., not to create
a broad Federal wetlands protection program;
O is popular as evidenced by the 2-1 margin in favor
of such restriction in the House and is favored
by agricultural and industrial interests;
provides States with an option to invite Federal
jurisdiction or regulate themselves -- a reasonable
compromise in Federal-State relations, and
recognizes that changing public attitudes on wetlands
are best reflected at the State -- not the Federal
-- level;
is a more effective way to limit Federal jurisdiction
because restricting geographic coverage is simpler
to understand than exempting certain activities;
encourages public perception that the Administration
is minimizing Federal regulation;
does not duplicate other Federal programs, such
as the Coastal Zone Management Act, Fish and
Wildlife Coordination Act and the Wetlands
Acquisition Program, which are available to pro-
tect wetlands
Historically, dredge and fill activities in wetlands
have been encouraged by government policies (e.g., the
Swamp Land Acts of 1849, 1850, and 1860) for beneficial
purposes such as agricultural and industrial production
and mosquito control. In recent years, increased
environmental awareness has shifted public attitudes.
towards wetlands preservation.
6
Commerce favors the narrow Corps jurisdiction (Wright) but
would add historically navigable waters, and would authorize
the Corps to regulate selected additional areas meeting
specified criteria. This approach would:
position you in support of Federal wetlands
protection, and at the same time, position you
favorably with those opposed to broad Federal
jurisdiction;
tailor the Corps regulatory role to the degree of
public interest in protecting specific areas.
Army, CEQ, EPA, Interior and DOT respond that this approach:
will result in administrative difficulties and
possibly extensive litigation in making the required
designations, with the result that only those wetlands
adjacent to navigable waters will be protected;
will still not assure environmental groups that
critical areas will be protected;
would create uncertainties in the private sector
as to whether activities in particular areas may
be subject to Corps regulation;
would allow the destruction of environmentally
critical wetlands during the time interval before
Federal jurisdiction is established.
Decisions
1.
On the activities to be exempt from regulation, modify
Administration's previous position to the effect that:
"all", not just "normal", current agricultural
and forestry activities should be exempt by
statute;
permit decisions should be based on navigation,
water quality, and fish and wildlife considerations--
not any other environmental factors.
any activity deemed by the Corps to be insignificant
should be exempt, and
the Corps should have authority to delegate the
program to the States as to any waters other than
navigable waters.
7
Supported by all agencies, CEQ and OMB. Interior objects
to delegation to the States, on grounds that they have more
effective control over wetlands by working with the Corps
than by working with the States.
Approve
Disapprove
2. On geographical extent of Corps jurisdiction:
O retain Administration's previous position
(Cleveland-Harsha, all waterways and wetlands)
supported by Army, EPA, Interior, DOT, CEQ,
and OMB;
support Wright amendment (navigable waters,
adjacent wetlands and coastal wetlands) ;
supported by Agriculture, acceptable to OMB;
O support modified Wright amendment (navigable
waters and adjacent wetlands, plus historically
navigable waters and coastal wetlands, but
with Corps authority to protect additional areas) ;
supported by Commerce and acceptable to OMB.
CC: Leach
THE WHITE HOUSE
WASHINGTON
Art
1976 C., 4 PM 5 34
October 4, 1976
i we
MEMORANDUM FOR:
JIM CANNON
THRU:
MAX FRIEDERSDORF m.G.
FROM:
BOB WOLTHUIS RKW
SUBJECT:
HR 13035 - Sea Grant Legislation
We have received calls from Congressman Mosher and
Congressman Jack Murphy strongly recommending that
11
the President sign HR 13035, the Sea Grant Legislation.
They had heard some rumors to the effect that it might
be vetoed. The authorization was for $58 million but
the actual appropriation came in at $27.2 million and
represents only a one year year extension according to
Mosher and Murphy.
INFORMATION
file
1976 OCT 20 AM 11 54
THE WHITE HOUSE
WASHINGTON
October 20, 1976
Federal Funding ?
MEMORANDUM FOR:
DICK CHENEY
JACK MARSH
FROM:
MAX
FRIEDERSDORF
wb.
SUBJECT:
Falls Lake Project/Wake County, N.C.
A difficult issue in the Raleigh, North Carolina, area is the
water shortage problem, and the communities' desire for federal
financing a new source of a city water supply.
Congressman Ike Andrews (D-NC) is being very forceful and has
had frequent contact with our office. We ran the matter through
OMB and came up with essentially a negative response (see attached
file).
This issue could pop up during the President's visit and I've
alerted Jim Mitchell to prepare a Q&A for the President's briefing
book.
CC: Jim Cannon
Dave Gergen
Paul O'Neill
Gwen Anderson
Jim Mitchell
Bill Nicholson
Ann Brunsdale
Jim Baker
Red Cavaney
GERALD ? FORD
020/0
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
September 23, 1976
NOTE TO:
MAX FRIEDERSDORF
FROM:
ALAN M. KRANOWITZ Alan-
RE:
Attached
Our folks tell me they just cannot offer anything substantive at
this juncture. The '78 budget process is just beginning and we
do not yet know what the Corps will recommend or how much of the
Corp's recommendations we will accept.
OMB staff tells me that if a commitment on the subject is to be
made before the budget goes to the Hill next January, it is the
kind of decision which falls outside of the jurisdiction of OMB.
Attachment
THE WHITE HOUSE
WASHINGTON
September 17, 1976
MEMORANDUM FOR:
ALAN KRANOWITZ
FROM:
MAX L. FRIEDERSDORF m.b.
SUBJECT:
M.C. Ike Andrews (D-NC)/Falls Lake
Project
Attached is pertinent material concerning Congressman Andrews
and the Falls Lake project at Raleigh which we discussed.
As you can see, Ike is playing "footsie" with Carter on this
one and no doubt the peanut farmer will endorse full funding.
*[
Please take a look at this material and let me know what kind
of a statement we can put out.
Many thanks.
September 17, 1976
0220
Dear Ike:
Many thanks for sending along the additional
material pertaining to the Falls Lake
project.
Please be assured that ve share your concern
about the Creater Releigh area water
shortage and the Falls Lake project.
I am proceeding with efforts to secure a
statement such as we discussed.
with kind regard.
Sincerely,
Max L. Friedersdorf
Assistant to the President
The Nonorable Ike Andrews
House of Representatives
Washington, D. C. 20515
MLF:Nk
bec: Alan Kranowitz w/incoming (dispatched)
FORD is LIBRARY 938470
IKE ANDREWS
DISTRICT OFFICES:
4TH DISTRICT, NORTH CAROLINA
207 POST OFFICE BUILDING
DURHAM, NORTH CAROLINA 27701
228 CANNON HOUSE OFFICE BUILDING
(919) 682-5945
(202) 225-1784
Congress of the United States
220 FEDERAL BUILDING
RALEIGH, NORTH CAROLINA 27601
COMMITTEE ON
house of Representatives
(919) 755-4120
EDUCATION AND LABOR
101 FEDERAL BUILDING
Mashington, D.C. 20515
ASHEBORO, NORTH CAROLINA 27203
(919) 625-3060
September 15, 1976
Mr. Max Friedersdorf
Congressional Liaison Office
SEP 17 1670
The White House
1600 Pennsylvania Ave.
Washington, D. C. 20500
Dear Max:
I was glad that we got to talk on the phone yesterday afternoon about
the Falls Lake Project.
Enclosed, for your information, are copies of:
1. The mailing I am sending this week to the residents of Wake County,
2. A copy of Sen. Morgan's September 10 newsletter about the project,
3. A copy of the news story in The News and Observer on Tuesday about
the meeting held here on Monday, and,
4. A copy of the news release I am issuing today.
Thank you for calling this situation to the attention of the President,
and I can assure you that the residents of Raleigh and Wake County will
welcome his full support of the Falls Lake Project.
With best wishes.
Sincerel The yours,
Ike Andrews
Member of Congress
Enclosures
IA/rma
Office of Rep. Ike Andrews
For Immediate Release
228 Cannon HOB, Washington, DC 20515
(202) 225-1784
September 15, 1976
WASHINGTON -- Fourth District Rep. Ike Andrews has sought and received
assurances from top aides to Gerald Ford and Jimmy Carter that they will apprise
the two major party presidential candidates of the Greater Raleigh area's grave
water shortage problems and of the urgent need for maximum federal funding for the
Falls Lake Project.
"I discussed the situation at length in telephone conversations late
Tuesday afternoon with Max Friedersdorf, assistant to the President for legislative
affairs, and with Frank Moore, head of Gov. Carter's congressional liaison office,"
Andrews said on Wednesday.
"As a result of these conversations, I believe it is likely that position
statements on funding for the project will be forthcoming from both Mr. Carter and
Mr. Ford, and it is, of course, my hope that both will assure us of their support for
maximum funding so that the project can be completed at the earliest possible date,
in the winter of 1980-81.
"As far as I and the residents of Raleigh and Wake County are concerned,"
Andrews continued, "the first question that should be asked of Mr. Ford and Mr. Cart
in any debate is:
"If elected in November, will your proposed budgets request Congress to
appropriate maximum funding for the Falls Lake Project?"
Andrews pointed out that presidential budget requests for Falls Lake have
tended to fall far short of the maximum level of funding which the Army Corps of
2
"Such requests by the Nixon and Ford administrations for the three
most recent fiscal years have amounted to $18,316,000, less than 70 percent of
the $26,266,000 which the Corps could have used and which I have urged Congress
to appropriate.
"Appropriations by Congress in these three years have totaled
$20,766,000, about 79 percent of the maximum the Corps could have used," Andrews
continued.
"Although it is encouraging that Congress has increased the funding
for Falls Lake by nearly 10 percent above the administration's requested amount,
we cannot be satisfied until we get 100 percent federal funding for the next
four fiscal years, 1978 to 1981," he said.
Congress and the House and Senate appropriations committees are not
bound to accept any budget recommendations proposed by a president, Andrews
said.
"Such recommendations do, however, serve to guide the Congress, and
in previous years Congress has tended to make relatively slight adjustments,
say five to 15 percent, in the administration's budget requests for water
resources projects," he explained.
"If the candidate elected in November -- President Ford or President
Carter -- requests 100 percent funding for Falls Lake in the fiscal 1978 budget,
I have no doubt that Congress will accept that request and vote to appropriate
the maximum funds needed by the Corps between Oct. 1, 1977 and Sept. 30, 1978,"
Andrews said.
"If the budget request is for 90-to-95 percent of what the Corps can
spend, there is a strong possibility that Congress will increase that to 100
percent," he said. "If the president's request for Falls Lake is for 85 percent
or less of what the Corps needs, I am pessimistic that we will be able to
3
persuade the House and Senate appropriations committees and the Congress to
provide maximum funding. "
Andrews noted that the Corps of Engineers and the Office of Management
and Budget are already working on the federal budget for fiscal 1978, which will
begin Oct. 1, 1977. "It is expected that the Corps will be able to use a maximum
of $15 million to $20 million in fiscal 1978, and even more massive funding in
fiscal years 1979 and 1980," he said.
Senator Robert
MORGAN
Report to the People
NEWSLETTER NO. 75
FOR RELEASE: September 10, 1976
The extremely dry weather North Carolina is experiencing this summer is affecting
all of us.
Fortunately, the tobacco crop matured before it was hurt too badly but other
crops, such as soybeans, were hit by the drought in many places in the state.
The damage was not confined to the farms, however. In the cities, lawns and
gardens have suffered and continue to suffer from the lack of water. Many communities
have had to invoke ordinances to prohibit the use of water for certain activities,
such as watering lawns and washing cars.
Especially hard hit has been the state's capital city, Raleigh, and towns that
surround it, to make up the Raleigh Metropolitan Area. In this area, the principal
source of water supply is the Neuse River, which flows near Raleigh as it makes its
way eastward to the sea.
In normal times with normal rainfall, the Neuse carries past Raleigh 400 million
gallons of water each day. This September has seen the Neuse fall to between five
and 10 million gallons each day, hardly enough when you consider that Raleigh uses
20 million gallons daily and surrounding towns use water in proportion to their
population.
This situation, of course, poses a present hardship but its longer range
implications are even more ominous. This area has been the scene of great industrial
growth during the past 20 years and it is here that the Research Triangle, which is
known world wide for its industrial research, is located. With an inadequate water
supply in its future, the Raleigh area will be unable to continue its appeal to
more industry.
But there is hope, if decisive action is taken soon.
Since 1932, there has been before Congress a proposal to build a dam on the
Neuse, northeast of Raleigh, which would create a water storage system and insure
an adequate water supply during periods such as the current drought. It would also
prevent the frequent floods that occur during periods of heavy rainfall and create
a large recreational area around the lake that would be formed by the dam.
Current estimates are that it will require $84 million to complete this dam, of
which some $29 million have already been allocated and which are being used for land
purchases and road relocations.
For 1977, the Congress vot $8 million for the Neuse dam project, more than the
Ford Administration recommended but $4 million less than the U.S. Corps of Engineers,
which has charge of the project, said it could use.
Last week, I introduced a bill which would give the Corps the additional $4
million it needs. This may not be approved by the Congress, but it will put members
on notice that additional funds will be sought in the 1978 budget.
The Corps of Engineers believe that the dam can be completed in 1981, if it gets
sufficient funding to meet its needs. And certainly it should be carried forward as
fast as possible because of the uncertainty of the area's water supply at present
and because the longer the project is delayed, the higher the cost will be because of
inflation.
This dam needs to be built, and I intend to do everything I can in Washington
to see that it is done with all reasonable speed.
IKE ANDREWS
DISTRICT OFFICES:
4TH DISTRICT, NORTH CAROLINA
207 POST OFFICE BUILDING
DURHAM, NORTH CAROLINA 27.
228 CANNON HOUSE OFFICE BUILDING
(919) 682-5945
(202) 225-1784
Congress of the United States
220 FEDERAL BUILDING
RALEIGH, NORTH CAROLINA 27
COMMITTEE ON
(919) 755-4120
EDUCATION AND LABOR
house of Representatibes
101 FEDERAL BUILDING
Clashington, D.C. 20515
ASHEBORO, NORTH CAROLINA 27
(919) 625-3060
September, 1976
To the Citizens of Wake County:
The current drought, the low flow in the Neuse River and the resulting critical water shortage in th
Greater Raleigh area have caused considerable attention to be focused on the long-range solution to
the area's water supply needs - the Falls Lake Project.
A great many persons have contacted me - by letter, by phone and in person - to ask: What is th
status of the project? Is it held up? Can it be accelerated? When will it be completed? How much will
cost? When will the necessary funds become available? This report provides the answers to these an
related questions.
The Falls Lake Project is in the land acquisition-construction stage.
Project lands are being acquired. In the past three-and-one-half years, the Army Corps of Engineers ha
bought 8,219 acres at a cost of $13,235,500. Between now and mid-1979, 34,040 acres are to be acquired at a
estimated cost of $23,724,500.
Someland clearing has begun. In July the Corps began clearing land so that it can build the access road to th
dam site. This road should be completed by the end of this year.
The secondary roads re-location agreement should be approved very shortly. This agreement to re-locat
more than 16 miles of secondary roads was proposed by the Corps to the State more than six months ago. Th
N.C. Secondary Roads Council approved the agreement in August, and the N.C. Board of Transportation
expected to vote its approval this month. I wrote to Gov. Holshouser about this on Aug. 11, and in his Aug. 2
reply, he said, "Immediately following the required Board of Transportation approval, the State of Nort
Carolina will execute this agreement."
Highway right-of-way is already being acquired in anticipation of the first two road re-location contracts bein
awarded in the spring or summer of 1977. The most important re-location is of N.C. 98 between Wake Fore:
and Durham. It will involve major construction, including bridges, at an estimated cost of $7 million.
This construction is expected to begin in October, 1978, with completion occurring in October, 1980. Th
Corps cannot begin filling the Falls reservoir until N.C. 98 has been re-located, and, in my letter to Go'
Holshouser, I urged that there be "an acceleration in the schedule of this re-location." In his reply, th
Governor said, "I can assure you that this highway project will be scheduled for completion prior to the Corp
of Engineers' schedule for completion of the dam."
No court case or legislation is pending to delay the project. The court case filed by some area landowner
against the project was withdrawn in 1974. That same year, the Senate Water Resources Subcommittee voted t
defeat the bill to remove the separable recreation lands from the project. For the past two years there has bee
no organized opposition to Falls Lake.
Most importantly, Congress is appropriating funds for Falls Lake at a steadily increasing rate. Between 196!
when the project was authorized, and January of 1973, when I took my seat in Congress, a total of $9,075,00
was appropriated for the project. In the three-and-one-half vears since I was sworn in. Congress h:
2
The sum of $4.25 million was appropriated for fiscal 1975 (July, 1974 to June, 1975). .$8,516,000 for the 1.
months of fiscal 1976 and the current transition quarter.
and
$8
million
for
fiscal
1977
(October,
1976
to
September, 1977). By converting these sums to a monthly basis, we can see how the rate of appropriations ha
increased steadily: from $354,166 per month in fiscal 1975.
.to $567,733 per month in fiscal 1976 and the
transition quarter.
.to $666,000 per month in fiscal 1977.
Each January for the past three years I have written to the Corps' district engineer in Wilmington - first Col
Albert Costanzo and now his successor, Col. Homer Johnstone - to find out how much money the Corp
needed for Falls Lake in the subsequent fiscal year. I have, on receipt of this information, forwarded it to the
Public Works Subcommittee of the House Appropriations Committee with my strong recommendation tha
Congress appropriate maximum funding for Falls Lake.
In all, for fiscal years 1975-to-1977, I have urged that Congress appropriate $26,266,000 for Falls Lake. In thi
same period, budget requests by the Nixon and Ford administrations for the project have totaled $18,316,000
In May of 1974, in urging the House Public Works Appropriations Subcommittee to grant additional funds fo
Falls Lake, I said: "In the course of returning home for the past 60 consecutive weekends and talking at length
with elected officials and residents throughout the Fourth District, I know that nothing in my area is more
critical than the need for a much more adequate supply of water Of all the Corps' reservoir projects planned
for North Carolina, our State Government has accorded number one priority to completion of the Falls Lake
Project. It is needed without delay."
I went on to point out that the Raleigh area grew in population by 35 percent in the Sixties and was
experiencing similar growth in the Seventies. I stressed to the subcommittee "the critical and overwhelming
need for a more adequate water supply in the Greater Raleigh metropolitan area" and said that the Falls Lake
Project was "the most feasible means for obtaining this water supply."
I closed my testimony with these words: "The energy crisis has taught us that we absolutely must do a better
job of anticipating problems well in advance of the time that they may become crises and of acting quickly to
solve those problems. With another drought similar to the one Raleigh, Wake County and a large part of North
Carolina experienced in 1953, the area's water shortage problems will become a full-blown crisis."
The fears I expressed more than two years ago are now painful realities. The drought this year is worse than the
one in 1955, and the water shortage problems constitute a full-blown crisis.
Members of the staff and I are anxious to do everything we possibly can to assist elected officials and residents
of the Greater Raleigh area in alleviating the problems connected with the drought. Our office has kept ir
close touch with Raleigh's city manager, Mr. L.P. Zachary, and we have assured him that we stand ready to assist
in obtaining whatever federal aid may be deemed appropriate.
Although one never knows what the future may hold, we know or can reasonably expect these developments
with respect to the future of the Falls Lake Project:
*
Due to a retirement and to a defeat, there will be at least two new members of the eight-member House
Public Works Appropriations Subcommittee in the 95th Congress. Once the new subcommittee members are
named, I will urge them - as I have the present members - to grant full funding for Falls Lake each fiscal year.
*
The project's cost will continue to increase because of inflation and rising land values. In 1965, when the
project was authorized, the cost was estimated at $18.6 million. In 1970, that figure was $27 million. It was up to
3
$44.3 million when I came to Congress in 1973. The Corps' estimate of the cost in fiscal 1977 is $84.2 million, ano
for fiscal 1978, $91.2 million. I have no doubt that the cost will exceed $100 million by fiscal 1980.
*
Because the B. Everett Jordan Dam and Lake Project is nearing completion, Col. Johnstone and his CC
workers in the Corps' Wilmington District can, in a year or two, begin to concentrate fully on completing Fal
Lake. Jordan's cost is now estimated at $79.3 million, and all but about $4.1 million of this has bee
appropriated.
The fiscal 1977 appropriation for Jordan amounts to $12 million, and, in early August, I asked Col. Johnston
whether some of these funds could be transferred to Falls Lake. In a letter to me dated Aug. 16, he said: "Ou
review was unsuccessful in locating any funds which are not inextricably tied to the scheduled completio
date of the Jordan project. In every case where we postulated a transfer, we found it would entail n
improvement in the completion date for Falls; yet it would necessitate a slippage at Jordan."
Even so, some funds may yet be transferred to Falls Lake in fiscal 1977 from Jordan. The Jordan project has beer
the subject of continuing litigation for several years, and, in the event of a court ruling against the Corps withi
the next year, some of the $12 million appropriated for Jordan possibly could be transferred to Falls Lake
*
The office of the Chief of the Army Corps of Engineers in Washington is also investigating, at my request, the
availability of funds nationally for possible transfer and re-programming to the Falls project in fiscal 1977. The
Corps can transfer up to 15 percent of the amount appropriated for a project to that project from one or mon
other projects. For example, 15 percent of the $8 million appropriated for Falls Lake in fiscal 1977 is $1.2 million
and transfer of that amount would increase fiscal 1977 funding to $9.2 million.
That would still leave us $2.7 million below the Corps' need of $11.9 million during fiscal 1977. Such fund
possibly could be obtained through a supplemental appropriation or, more likely, through what is known a
re-programming of funds. Should officials of the Corps determine that the Wilmington District can use more
than $9.2 million for Falls Lake in fiscal 1977, and should any additional funds be available, then the Corps mus
submit a request for re-programming of funds to the House and Senate appropriations committees.
I am optimistic that we will, in late spring or summer of 1977, get some funds through transfer and re
programming. Congress voted to spend nearly $2.5 billion for public works projects in fiscal 1977, an increase
of 13.2 percent from fiscal 1976. Although these funds are rather firmly committed for upwards of 300 differen
projects, past experience has shown that, for various reasons, some projects are delayed. Funds for delayed
projects can be switched to on-going projects, such as Falls Lake, which can use additional money. One of the
top officials with the Corps in Washington has assured me that the Corps is well aware of the area's need foi
water supply and that Falls Lake ranks high in priority for any funds that may become available for transfer anc
re-programming.
There are some questions connected with the project. In fiscal 1978 and subsequent years, will the economy.
the government's revenues and expenditures.
.the need to balance the budget.
.the new congressiona
budget procedures or other factors have any adverse impact on appropriations for water resources projects?
How will members of the House and Senate public works appropriations subcommittees look upon Falls Lake
in relation to about 300 other on-going projects competing for an insufficient amount of federal funds?
Because of the oil embargo and the goal for energy independence, will there continue to be an emphasis or
granting maximum funds for public power projects but not for the flood control-water supply projects?
Although we should remain mindful of the complex issues posed by these questions, it is far more important
that we unite our efforts and do everything we possibly can to obtain full funding for Falls Lake in fiscal 1978
and subsequent years until the reservoir is filled.
4
If the Corps obtains full funding in fiscal years 1978-to-1981, and, if the road re-locations are completed on
schedule, the Corps expects it can complete the project in the winter of 1980-81. To help the Corps meet this
timetable, I recommend the following:
1. Encourage the Raleigh Chamber of Commerce in its efforts to rejuvenate the once-active Neuse River
Basin Association. In a meeting on Sept. 7, I suggested that this group, which was made up of 16 county
boards of commissioners and 24 chambers of commerce, be revived for the purpose of emphasizing that
Falls Lake is multi-purpose and will provide a number of benefits - recreation, flood control, water quality
control and area redevelopment - in addition to water supply. I am firmly convinced that taking this
approach is the best way we can get maximum funding for Falls Lake.
2. Write letters to: The President, The White House, 1600 Pennsylvania Ave., Washington, D.C. 20500
Hon. James T. Lynn, Director, Office of Management and Budget, Washington, D.C. 20503 and Maj. Gen.
Ernest Graves, Director, Civil Works, Office of Chief of Engineers, U.S. Army, Washington, D.C. 20314.
Describe the problems you have experienced because of the drought and water shortage. If available,
enclose photos and news clippings that document the situation. Point out that Falls Lake, when filled,
will provide a more than adequate water supply for the Greater Raleigh area until well into the 21st
Century and that Raleigh, along with Apex, Cary, Fuquay-Varina, Garner, Knightdale, Morrisville and
Zebulon, stand to obtain initially 25 million gallons of water per day and ultimately as much as 100 million
gallons a day. Emphasize that Falls Lake is multi-purpose and has a number of benefits in addition to water
supply.
Ask two things: (1) That the Corps transfer and re-program to Falls Lake the full funding needed - in fiscal
1977, and (2) That the administration's budget for fiscal 1978 ask Congress to appropriate the maximum
amount of money needed for the project. This should be somewhere between $15 million and $20 million.
These letters should be mailed as soon as possible, and, if convenient, please send me copies of the letters
you send.
3. Remain actively involved. Send me your name, address and phone numbers, and I'll see that you are
contacted early next year when letters will need to be written to the members of the House and Senate
public works appropriations committees. You may also be asked to come to Washington to signify your
support for the project in a congressional hearing. Will you help, both now and later?
Congress of the United States
House of Representatives
Mashington, D.C. 20515
The andrew
M.C.
Official Business
The Falls Lake Project:
POSTAL PATRON-LOCAL
Report to Wake County
Fourth Congressional District
North Carolina
From Rep. Ike Andrews
the COSCR.
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