Ask the Scholar

Document scope · 1 page
doc
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory. For page-specific OCR and visual context, open one of the page chats.

Scholar Source Context

Document identity
localId
1669106
label
1975/10/16 HR5952 Amends Water Resources Planning Act of 1965
core
doc
dtoType
document
pageCount
1
Source metadata
id
1669106
contentType
document
title
1975/10/16 HR5952 Amends Water Resources Planning Act of 1965
collections
White House Records Office: Legislation Case Files
Legislation Case Files
subjects
Legislation
Water-supply
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
1669106
coverageEndDate
logicalDate
1975-10-31
month
10
year
1975
coverageStartDate
logicalDate
1975-10-01
month
10
year
1975
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
45c049815a83bef7
ocrText
The original documents are located in Box 31, folder "10/16/75 HR5952 Amends Water Resources Planning Act of 1965" of the White House Records Office: Legislation Case 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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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. Exact duplicates within this folder were not digitized. Digitized from Box 31 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library APPROVED OCT 16 1975 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 posted OCT 14 1975 10/16/75. MEMORANDUM FOR THE PRESIDENT To Archine 1/16/75 Subject: Enrolled Bill H.R. 5952 - Amends Water Resources Planning Act of 1965 Sponsors - Rep. Johnson (D) California, Rep. Skubitz (R) Kansas, and Rep. Lujan (R) New Mexico Last Day for Action October 20, 1975 - Monday FORD i LIBRARY GERALD Purpose Revises membership of the Water Resources Council and amends certain appropriations and other authorizations relating to the work of the Council. Agency Recommendations Office of Management and Budget Approval Department of the Interior Approval Water Resources Council Staff Approval Department of Agriculture Approval Department of Commerce Approval (Informally) Department of Transportation Approval Civil Service Commission Approval (personnel pro- visions only) Department of the Army No objection Department of Housing and Urban Development No objection Environmental Protection Agency No objection Department of Health, Education, and Welfare No objection 2 Discussion The Water Resources Planning Act of 1965 established the Cabinet-level Water Resources Council to carry out the fol- lowing programs: (1) assessing national and regional water supplies, (2) coordinating the various Federal, State, Regional and River Basin Water programs, (3) administering a program of matching grants to assist States in improving their water resource planning capability, and (4) encouraging the establishment by Executive Order, of River Basin Commissions, and paying the Federal share of the cost of operating the Commissions. H.R. 5952 amends the Act in the following respects: Removes the Secretary of Health, Education, and Welfare from membership on the Council and adds the Secretaries of Commerce, Housing and Urban Development, and Trans- portation, and the Administrator of the Environmental Protection Agency. This change reflects the changing water resource responsibilities and concerns of the departments and agencies in question since the original Act was enacted in 1965. -- Increases the compensation of experts and consultants to the Council to not to exceed the daily rate for GS 18 in lieu of the presently authorized rate of $100 per day. This change will permit Council experts and consultants to be paid at the rate generally authorized for other agencies. -- Authorizes a total of $10,000,000 in appropriations for Fiscal Years 1976 and 1977 for preparation of assessments, and for directing and coordinating the preparation of such regional or river basin plans as the Council determines are necessary and desirable in carrying out the policy of the Act. This authoriza- tion replaces one for the same purpose providing $3,500,000 annually for Fiscal Years 1974 and 1975. 3 - Authorizes, for Fiscal Years 1977 and 1978, appro- priations of $5,000,000 annually for grants to States to assist them in developing and participating in the development of comprehensive water and related land resources plans. An appropriation authorization in the same amount for this purpose has been provided for the past 10 years. We support the foregoing amendments to the Act with one major exception -- the last provision described above that authorizes appropriations for grants to the States for Fiscal Years 1977 and 1978. We believe that the 10-year program of assistance has achieved its purpose and that the States ought to be able to provide for their own funding for these programs in the future. This view was conveyed to the Congress by Administration witnesses testifying on the bill, but the Congress has nevertheless chosen to authorize a continuation of the program for two more years. While this is a serious defect in the bill, we believe that our objective can be accomplished through the appropriation process, that is, by not funding the authorization, and we would plan to recommend against funding in your 1977 and 1978 budgets. James m. Trey Assistant Director for Legislative Reference Enclosures THE WHITE HOUSE WASHINGTON 10/15 10:00a Jim Cavanaugh: The Water Resources Council has advised that they would like to be able to announce this bill at a meeting in Las Vegas sometime today. Judy Signed 10/16/75 ACTION THE WHITE HOUSE Last Day: October 20 WASHINGTON October 15, 1975 MEMORANDUM FOR THE PRESIDENT FROM: JIM CANNON SUBJECT: H.R. 5952 - Amends Water Resources Planning Act of 1965 Attached for your consideration is H.R. 5952, sponsored by Representatives Johnson, Skubitz and Lujan, which revises the membership of the Water Resources Council and amends certain appropriations and other authorizations relating to the work of the Council. A discussion of the enrolled bill is provided in OMB's enrolled bill report at Tab A. OMB, Max Friedersdorf, Counsel's Office (Lazarus) and I recommend approval of the enrolled bill. RECOMMENDATION That you sign H.R. 5952 at Tab B. CAVANAUSH of 10/14 EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 OCT 14 1975 MEMORANDUM FOR THE PRESIDENT Subject: Enrolled Bill H.R. 5952 - Amends Water Resources Planning Act of 1965 Sponsors - Rep. Johnson (D) California, Rep. Skubitz (R) Kansas, and Rep. Lujan (R) New Mexico Last Day for Action October 20, 1975 - Monday Purpose Revises membership of the Water Resources Council and amends certain appropriations and other authorizations relating to the work of the Council. Agency Recommendations Office of Management and Budget Approval Department of the Interior Approval Water Resources Council Staff Approval Department of Agriculture Approval Department of Commerce Approval (Informally) Department of Transportation Approval Civil Service Commission Approval (personnel pro- visions only) Department of the Army No objection Department of Housing and Urban Development No objection Environmental Protection Agency No objection Department of Health, Education, and Welfare No objection 2 Discussion The Water Resources Planning Act of 1965 established the Cabinet-level Water Resources Council to carry out the fol- lowing programs: (1) assessing national and regional water supplies, (2) coordinating the various Federal, State, Regional and River Basin Water programs, (3) administering a program of matching grants to assist States in improving their water resource planning capability, and (4) encouraging the establishment by Executive Order, of River Basin Commissions, and paying the Federal share of the cost of operating the Commissions. H.R. 5952 amends the Act in the following respects: Removes the Secretary of Health, Education, and Welfare from membership on the Council and adds the Secretaries of Commerce, Housing and Urban Development, and Trans- portation, and the Administrator of the Environmental Protection Agency. This change reflects the changing water resource responsibilities and concerns of the departments and agencies in question since the original Act was enacted in 1965. Increases the compensation of experts and consultants to the Council to not to exceed the daily rate for GS 18 in lieu of the presently authorized rate of $100 per day. This change will permit Council experts and consultants to be paid at the rate generally authorized for other agencies. Authorizes a total of $10,000,000 in appropriations for Fiscal Years 1976 and 1977 for preparation of assessments, and for directing and coordinating the preparation of such regional or river basin plans as the Council determines are necessary and desirable in carrying out the policy of the Act. This authoriza- tion replaces one for the same purpose providing $3,500,000 annually for Fiscal Years 1974 and 1975. 3 Authorizes, for Fiscal Years 1977 and 1978, appro- priations of $5,000,000 annually for grants to States to assist them in developing and participating in the development of comprehensive water and related land resources plans. An appropriation authorization in the same amount for this purpose has been provided for the past 10 years. We support th egoing amendments to the Act with one major exception -- the last provision described above that authorizes appropriations for grants to the States for Fiscal Years 1977 and 1978. We believe that the 10-year program of assistance has achieved its purpose and that the States ought to be able to provide for their own funding for these programs in the future. This view was conveyed to the Congress by Administration witnesses testifying on the bill, but the Congress has nevertheless chosen to authorize a continuation of the program for two more years. While this is a serious defect in the bill, we believe that our objective can be accomplished through the appropriation process, that is, by not funding the authorization, and we would plan to recommend against funding in your 1977 and 1978 budgets. (Signed) James M. Frey Assistant Director for Legislative Reference Enclosures THE WHITE HOUSE WASHINGTON October 15, 1975 MEMORANDUM FOR: JIM CAVANAUGH FROM: MAX L. FRIEDERSDORF m.b. SUBJECT: H.R. 5952 - Amends Water Resources Planning Act of 1965 The Office of Legislative Affairs concurs with the agencies that the subject bill be signed. Attachments THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 605 October 1314 Date: Time: 5: 30pm FOR ACTION: George Humphreys CC (for information): Jim Cavanaugh Max Friedersdorf Jack Marsh Ken Lazarus Warren Hendriks FROM THE STAFF SECRETARY DUE: Date: October 1415 14 Time: 30am SUBJECT: H.R. 5952 - Amends Water Resources Planning Act of 1965 ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West Wing NO comments -10-15-75 pw PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please inlephone the Staff Secietary immediately. - THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 605 Date: October 2514 Time: 5:30pm FOR ACTION: George Humphreys CC (for information): Jim Cavanaugh Max Friedersdorf Jack Marsh Ken Lazarus Warren Hendriks FROM THE STAFF SECRETARY DUE: Date: October 14,5 Time: : 30am SUBJECT: H.R. 5952 - Amends Water Resources Planning Act of 1965 ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West Wing No objection. -- Ken Lazarus 10/15/75 PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delivery in submitting the required moterial, please intephone the Staff Secietary immediately. EXECUTIVE OFFICE OF THE PRESIDENT OFFICE OF MANAGEMENT AND BUDGET WASHINGTON, D.C. 20503 OCT 14 1975 MEMORANDUM FOR MR. LINDER Subject: Enrolled Bill H.R. 5952 - Amends Water Resources Planning Act of 1965 The Water Resources Council and Staff are having a large joint meeting with the members of the Interstate Compact Commission on Water Resources at Las Vegas. The meeting is scheduled to breakup early Thursday, October 16. Before leaving town last week to attend the meeting, Council representatives requested our assistance in facilitating early Presidential signature of the attached enrolled bill SO that, hopefully, its approval could be announced at the Conference sometime Wednesday, October 15. Anything you can do to help in this effort will be greatly appreciated. It will also be appreciated if you could let Jim Hyde know on extension 4700 as soon as the bill has been signed. Assistant Director for James m. Trey Legislative Reference Enclosures THE WHITE HOUSE ACTION MEMORANDUM WASHINGTON LOG NO.: 605 Date: October 13 Time: nocomments 5:30pm FOR ACTION: George Humphreys CC (for information): Jim Cavanaugh Max Friedersdorf Jack Marsh Ken Lazanns on Warren Hendriks FROM THE STAFF SECRETARY DUE: Date: October 14 Time: 9:30am SUBJECT: H.R. 5952 - Amends Water Resources Planning Act of 1985 ACTION REQUESTED: For Necessary Action For Your Recommendations Prepare Agenda and Brief Draft Reply For Your Comments Draft Remarks REMARKS: Please return to Judy Johnston, Ground Floor West Wing JUIT PLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED. If you have any questions or if you anticipate a delay in submitting the required material, please K. R. COLE, JR. telephone the Staff Secretary immediately For the President OF THE INTERIOR United States Department of the Interior OFFICE OF THE SECRETARY March 3. 1849 WASHINGTON, D.C. 20240 OCT 14 1975 Dear Mr. Lynn: This responds to your request for the views of this Department on the enrolled bill H.R. 5952, "To amend the Water Resources Planning Act (70 Stat. 244), as amended." We recommend that the President approve the legislation. H.R. 5952 was amended from its form as introduced and now contains provisions adopted from two other bills, H.R. 4724 and H.R. 3438. Companion bills in the Senate were S. 506, S. 1299, and S. 1596. Hearings were held in the House and the Senate in July. Adminis- trative witnesses testified at both hearings. H.R. 5952 would make five amendments to the Water Resources Planning Act (P.L. 89-80; 79 Stat. 244; at 42 U.S.C. 1962 et seq.). Part (a) would revise the composition of the Water Resources Council by amending section 101 of the Act, 42 U.S.C. 1962(a) to delete the Secretary of Health, Education, and Welfare and to add the Secretaries of Transportation, Commerce, and Housing and Urban Development, and the Administrator of the Environmental Protection Agency. This portion of the bill was originally the entire H.R. 5952 as first introduced and was based on an Administration proposal. It has been supported by the Department and the Water Resources Council. Parts (b) and (c) of the bill would raise the level of compensation for consultants to the rate offered by the other Federal agencies, by deleting the $100 maximum and substituting a rate not exceeding that for Grade GS-18 under section 5332 of title 5. These two sections were previously contained in H.R. 3438 and were proposed by the Administration. They are considered necessary and desirable by the Department and the Water Resources Council. Part (d) of the bill would extend for an additional two years the grants-to-States program providing for Federal assistance in developing water resource planning capability on the State level. The original authorization, found at section 301(a) of the Act, 42 U.S.C. 1962 C (a), extended for ten years and authorized expenditures of $5,000,000 per year for grants to the States. REVOLUTION AMERICAN BICENTENNIAL 1776-1976 This authorization will expire with F.Y. 1976 and this bill would extend it through F.Y. 1977 and F.Y. 1978. As contained in H.R. 4724 the proposed extension was originally of indefinite duration. As reported earlier to the Congress in the testimony of the Water Resources Council, the Administration opposed the continuation of the grants-to-States program on the ground that it had substantially achieved its goal of developing State capacity. Part (e) of the bill would extend for another two years the authorization for funds for preparation of assessments and plans by the Council. This authorization was originally contained in H.R. 3438 and was proposed by the Administration. It was to be of indefinite duration in H.R. 3438, but was subsequently limited to two years by the Congress with a total authorization not to exceed $10,000,000 for the two years. This provision is vital to the continuation of Water Resources Council programs including the National Assessment and regional and river basin programs which are currently underway. Completion of these programs would be substantially delayed, if not prevented, by allowing the authorization to lapse. This provision has had strong support of the Council and the Department. The bill, in summary, contains four provisions proposed by the Administration and supported by the Department and the Water Resources Council, and one provision which is opposed by the Administration. The latter provision, for extension of the grant-to-States program, is less objectionable than the original proposal in that the current bill authorizes an extension of the State program for only two years, while an extension of unlimited duration had been originally proposed. The States and the Congress were decisively in favor of continuing the Title III program. The Administration still has the opportunity in the budgetary process to give effect to its opposition to the continuation of the program if it so chooses. The other four provisions are clearly desirable, particularly the revision of the Council membership, and the continuation of appropriation authority for planning for two more years, which is essential to the satisfactory completion of national water assessments and river basin plans now in progress. 2 Overall the merits of the bill clearly outweigh its one objectional feature. Therefore the Department favors signing the bill. Sincerely yours, Assistant Jack Secretary Herton Honorable James T. Lynn Director, Office of Management and Budget Washington, D.C. LIBRARY 3 wrc UNITED STATES WATER RESOURCES COUNCIL SUITE 800 2120 L STREET, N.W. WASHINGTON, D.C. 20037 OCT 10 1975 Mr. James M. Frey Assistant Director for Legislative Reference Office of Management and Budget Washington, D.C. 20503 Dear Mr. Frey: This is in response to your request for a report on H.R. 5952, an enrolled bill to amend the Water Resources Planning Act (79 Stat. 244), as amended. The bill provides the following: 1. Section (a) amends Council membership as proposed by the Administration (H.R. 5952, S. 1299). 2. Sections (b) and (c) increase the compensation rates for experts and consultants as proposed by the Administration (H. R. 3438, S. 1596). 3. Section (d) extends authorization for financial assistance to States for water resource planning for fiscal years 1977 and 1978. Although the Council proposed an extension of the planning grant program, the Administration did not request continuance. 4. Section (e) provides a total authorization of $10 million for fiscal years 1976 and 1977 for the preparation of assessments and regional or river basin plans. The Administration proposed authorization without limitation (H.R. 3438, S. 1596). However, the above authorization is adequate to cover the appropriations for F.Y. 1976 contained in the President's budget as well as the Council's proposed authorizations for F.Y. 1977. MEMBERS: SECRETARIES OF INTERIOR; AGRICULTURE; ARMY; HEALTH, EDUCATION AND WELFARE; TRANSPORTATION; CHAIRMAN, FEDERAL POWER COMMISSION - ASSOCIATE MEMBERS: SECRETARIES OF COMMERCE; HOUSING AND URBAN DEVELOPMENT; ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY - OBSERVERS: DIRECTOR, OFFICE OF MANAGEMENT 1776-1976 AMERICAN REVOLUTION AND BUDGET; ATTORNEY GENERAL; CHAIRMEN - COUNCIL ON ENVIRONMENTAL QUALITY, RIVER BASIN COMMISSIONS 2 Section (e) is vital to Council operations since without authorization legislation for comprehensive planning and the National Assessment the Senate will be unable to provide the appropriations for F.Y. 1976 ($3, 868, 000) requested by the President and now pending in the Public Works Appropriations bill. The House Appropriations Committee deferred without prejudice any action on the President's requested appropriations since the House Interior and Insular Affairs Committee had not acted on the Administration's authorization legislation (H. R. 3438). The Council has given its top priority to the National Assessment program. As Director of the U.S. Water Resources Council, I strongly support H.R. 5952. Sincerely, Harren Warren D. Fairchild Director UNIVERSITY SERVICES AGRICULTURE DEPARTMENT OF AGRICULTURE OFFICE OF THE SECRETARY WASHINGTON, D. C. 20250 OCT 10 1975 Honorable James T. Lynn Director, Office of Management and Budget Dear Mr. Lynn: This responds to your request of October 8, 1975, for a report on Enrolled Bill H. R. 5952, entitled "An Act, To amend the Water Resources Planning Act (79 Stat. 244), as amended." This Department recommends Presidential approval of this bill. H. R. 5952 would (1) change and enlarge the membership of the Water Resources Council; (2) permit an increase in compensation rates for experts and con- sultants; (3) authorize extension of Title III financial assistance to States through Fiscal Years 1977 and 1978; and (4) authorize appropriation of $10 million for use in Fiscal Years 1976 and 1977 for preparation of assessment and plans. The Administration's proposed legislation is the same as items numbered (1) and (2); however, : the Administration proposed no limit in item (4). While some of the originally envisioned objectives of Title III financial assistance to States--item (3) above--have been obtained, others remain to be accomplished. Legislation enacted since enactment of the Water Resources Planning Act has delayed accomplishment of these objectives. Approval of this legislation would permit the continuation of the National Water Assessment and the preparation of regional and river basin plans now under way and partially completed. At the present time, there are six river basin investigations under way involving sixteen States. Unless this work is completed, full benefits of previous expenditures will not be realized. Sincerely, Earl / Butz Earl L. Butz Secretary of Agriculture DEPARTMENT OF COMMERCE GENERAL COUNSEL OF THE OCT 1 4 1975 DEPARTMENT OF COMMERCE UNITED STATES OF AMERICA Washington, D.C. 20230 Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Attention: Assistant Director for Legislative Reference Dear Mr. Lynn: This is in reply to your request for the views of this Department concerning H.R. 5952, an enrolled enactment "To amend the Water Resources Planning Act (79 Stat. 244), as amended. 11 H.R. 5952 amends the Water Resources Planning Act (42 U.S. C. 1962, et seq.) in the following respects: 1) Removes the Secretary of Health, Education, and Welfare as a member of the Water Resources Council and adds as members the Secretaries of Commerce, Housing and Urban Development, and Transportation; and the Administrator of EPA. Legislation for this purpose was included in the Department's Legislative Program for the 1st Session, 94th Congress. 2) Authorizes the Council and each river basin commission to employ experts and consultants at the prevailing salary for GS-18 instead of the present flat rate of $100 per day. 3) Extends the authorization in section 301(a) for State planning grants through fiscal year 1978 at the present level of $5,000,000 per year. 4) Extends authorization in section 401 (c) for the preparation of assess- ments and for directing and coordinating the preparation of regional or river basin plans in the total amount of $10, 000, 000 for fiscal years 1976 and 1977. This Department recommends approval by the President of H.R. 5952. Enactment of this legislation is not expected to involve any increase in the budgetary requirements of this Department. Sincerely, Karl E. Bakke REVOLUTION General Counsel AMERICAN BICENTENNIAL 1776-1976 OF DEPARTMENT RESPORTATION OFFICE OF THE SECRETARY OF TRANSPORTATION WASHINGTON, D.C. 20590 UNITED STATES OF AMERICA OCT 10 1975 GENERAL COUNSEL Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Dear Mr. Lynn: This is in response to your request for the views of this Department on H. R. 5952, an enrolled bill "To amend the Water Resources Planning Act (79 Stat. 244), as amended. 11 Amendment (a) of the enrolled bill would remove the Secretary of Health, Education, and Welfare from the Water Resources Council and expand the present membership by adding thereto the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, and the Adminis- trator of the Environmental Protection Agency. Amendments (b) and (c) would adjust the per diem rates applicable to the Water Resources Council and to the River Basin Commis- sions established pursuant to section 201 of the Water Resources Planning Act. Amendment (d) authorizes appropriations for the Council for fiscal years 1977 and 1978 to assist in the development of comprehensive water and related land resources plans. Amendment (e) authorizes appropriations for fiscal years 1976 and 1977 for the preparation of assessments, and for directing and coordinating the preparation of such regional or river basin plans as the Council determines are necessary and desirable. This Department strongly endorses the enrolled bill, particularly insofar as it would make the Secretary of Transportation a full FURD 2 member of the Water Resources Council instead of a member for navigation purposes only. We consider the Secretary's full membership on the Council quite significant at this time, in view of this Department's growing interest in water transportation policy, much of which is related to the statutory responsibilities of the Water Resources Council. We recommend that the President sign the enrolled bill. Sincerely, John Hart Ely UNITED STATE CIVIL SERVICE COMMINITY UNITED STATES CIVIL SERVICE COMMISSION WASHINGTON, D.C. 20415 CHAIRMAN October 10, 1975 Honorable James T. Lynn Director Office of Management and Budget Attention: Assistant Director for Legislative Reference Dear Mr. Lynn: This is in response to your request for the views and recommendations of the Civil Service Commission on H.R. 5952, an enrolled bill "To amend the Water Resources Planning Act (79 Stat. 244), as amended." Only two provisions of enrolled bill H.R. 5952 relate to personnel matters. Section (b) of the enrolled bill would increase the maximum pay rate the Water Resources Council may pay experts and consultants from $100 a day to the daily equivalent of the rate for GS-18. We believe this change would be desirable. Section (c) of the enrolled bill would increase the maximum pay rate for employees of the river basin commissions from $100 a day to the daily equivalent of the rate for GS-18. We have no objection to this provision. Therefore, from the standpoint of the personnel provisions of H.R. 5952, we recommend that the President sign the enrolled bill into law. By direction of the Commission: Sincerely yours, RobutHamplan OF DETERSE NSE DEPARTMENT OF THE ARMY OFFICE OF THE SECRETARY OF THE ARMY WASHINGTON, D.C. 20310 AMERICA 14 OCT 1975 STATES of Honorable James T. Lynn Director, Office of Management and Budget Dear Mr. Lynn: The Secretary of Defense has delegated responsibility to the Department of the Army for reporting the views of the Department of Defense on enrolled enactment H. R. 5952, 94th Congress, "To amend the Water Resources Planning Act to revise the membership of the Water Resources Council." The Department of the Army on behalf of the Department of Defense has no objection to the approval of the enrolled enactment. The Water Resources Planning Act (Public Law 89-80) establishes a cabinet level U.S. Water Resources Council comprised of Department and Agency heads having substantial water resource development programs. The council is responsible for assessing national and regional water supplies; coordinating the various Federal, State, Regional and River Basin water programs; administering a program of matching grants to assist States in improving their water resource planning capability; and administering a Federal program to River Basin Commissions (also authorized by the Act) to pay the Federal share of the cost of operating the Commissions. For these purposes the Act, as previously amended, authorizes appropriations of $5,000,000 annually through fiscal year 1976 for State planning grants; $6,000,000 annually for the Federal share of the cost of operating the River Basin Commissions; and $1,500,000 annually for administering the Water Resources Council. There has been a supplemental authorization of $3,500,000 to be used by the Council for preparation of assessments and for coordination of River Basin plans. The supplemental authorization expired in fiscal year 1975. The Council is currently operating under a continuing resolution with regard to comprehensive planning and the National Assessment. The purpose of the enrolled enactment is to further amend the Act to adjust the membership of the Water Resources Council to more nearly conform to present responsibilities within the Executive Branch. This is accomplished by removing the Secretary of Health, Education, and Welfare from membership, and by adding the Secretaries of Commerce, Housing and Urban Development, and Transportation; and the Administrator of the Environmental Protection Agency. The enrolled enactment also amends the Act by authorizing compensation of expert consultants to the Council and the River Basin Commissions at the prevailing salary for grade GS-18 instead of the flat rate of $100 per day presently set forth in the Act. This rate is commensurate with that offered by other Federal agencies. Most significantly, the enrolled enactment affects appro- priations authority in two ways. It extends the authori- zation for State planning grants through fiscal year 1978 at the level of $5,000,000 per year. Secondly, it extends the authorization for national assessments and coordination of River Basin plans in the total amount of $10,000,000 for fiscal years 1976 and 1977. Approval of the enrolled enactment is necessary to enable the Council to continue its comprehensive planning and assessment activities in a manner commensurate with national policies and goals. This report has been coordinated within the Department of Defense in accordance with proceduresprescribed by the Secretary of Defense. Sincerely, Mate R. P. Hoffmann Secretary of the Army 2 DEPARTMENT OF * HOUSING * AND THE GENERAL COUNSEL OF HOUSING AND URBAN DEVELOPMENT URBAN WASHINGTON, D. C. 20410 October 10, 1975 Mr. James M. Frey Assistant Director for Legislative Reference Office of Management and Budget Washington, D. C. 20503 Attention: Miss Martha Ramsey Dear Mr. Frey: Subject: H. R. 5952, 94th Congress, Enrolled Enactment This is in reply to your request for the views of this Department on the enrolled enactment of H. R. 5952, an Act "To amend the Water Resources Planning Act (79 Stat. 244), as amended." This enrolled enactment would amend five provisions of the Water Resources Planning Act of 1965, as amended. That Act established a Cabinet level Water Resources Council in the Executive branch, authorized the President to establish river basin planning commissions and authorized financial assistance to the States for water resources planning. Subsection (a) of the enrolled enactment would amend the Act by changing the statutory composition of the Water Resources Council. The Secretary of the Department of Health, Education and Welfare would no longer be a member of the Council, and the Secretaries of the Departments of Housing and Urban Development, Transportation, and Commerce and the Administrator of the Environmental Protection Agency would become members of the Council. HUD had previously assumed associate status on the Council in 1967. 2 Subsection (b) of the enrolled enactment would alter the pay scale prescribed by the Act for the compensation of consultants to the Council. Subsection (c) of the enrolled enactment would alter the pay scale for personnel, consultants, and professional service contracts for river basin commissions. Subsection (d) of the enrolled enactment would authorize appropriations for the Council of $5 million for each of the fiscal years 1977 and 1978. Subsection (e) of the enrolled enactment would authorize a maximum of $10 million to be appropriated to the Council for fiscal years 1976 and 1977 for the preparation of assessments and plans. The Department of Housing and Urban Development has no objection to the approval of this enrolled enactment. Sincerely, Robert R. Elliott UNITED STATES. AGENCY UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PROTECTION WASHINGTON, D.C. 20460 OCT 10 1975 OFFICE OF THE ADMINISTRATOR Dear Mr. Lynn: This is in response to your request of October 8, 1975, for the Environmental Protection Agency's views and comments on H.R. 5952, an enrolled bill. The bill would amend the Water Resources Planning Act of 1965, as amended to include as members of the Water Resources Council the Secretaries of Commerce, Housing and Urban Develop- ment, and Transportation, and the Administrator of the Environ- mental Protection Agency. The Secretary of Health, Education and Welfare would no longer sit as a member of the Council. H.R. 5952 would also amend the rate of compensation for consultants found in sections 105 (a) (5) and 205 (a) (4) of the Act. It would extend the Title III comprehensive grant authorization for State water resources planning for fiscal years 1976 and 1977. Finally, the bill raises and extends authorizations for the preparation of assessments and the preparation of regional and river basin plans to a total of $10,000,000 for fiscal years 1976 and 1977. In our testimony for the Senate Committee on Interior and Insular Affairs on bills similar to H.R. 5952 we deferred to the Chairman of the Water Resources Council on the extension of Title III authorizations. 2 We support the continuance of the activities of the Water Resources Council as it relates to river basin planning and other water resource and water quality efforts. To assure that the principal functions of the Water Resources Council are continued the enactment of H.R. 5952 is necessary. We, therefore, have no objection to H.R. 5952 and recommend it to the President for his signature. Sincerely American yours, Russell E. Train Administrator Honorable James T. Lynn Director Office of Management and Budget Washington, D. C. 20503 HEALTH. OF DELICATION. DEPARTMENT OF HEALTH, EDUCATION. AND WELFARE U.S.A. OCT 14 1975 Honorable James T. Lynn Director, Office of Management and Budget Washington, D. C. 20503 Dear Mr. Lynn: This is in response to Mr. Frey's request of August 8, 1975, for a report on H.R. 5952, an enrolled bill "To amend the Water Resources Planning Act (79 Stat. 244), as amended." Subsection (a) of the bill would remove the Secretary of Health, Education, and Welfare from the Water Resources Council and substitute in his place the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency. Under Reorganization Plan No. 3 of 1970, virtually all the water resources functions of the Department of Health, Education, and Welfare were transferred to the Environmental Protection Agency. Since that time the Department has been involved only peripherally in the activities of the Water Resources Council. We therefore believe that the removal of the Secretary of Health, Education, and Welfare from the Council is appropriate. We note that section 101 of the Federal Resources Planning Act of 1965 authorizes the Chairman of the Council to request the heads of other Federal agencies to participate with the Council when matters affecting their responsibilities are under consideration. This authority is sufficient to insure that the Department of Health, Education, and Welfare can be adequately represented when the Council is considering matters within our areas of interest and responsibility. We therefore have no objection to the enactment of the enrolled bill, but defer to the agencies more directly affected as to the desirability of the bill's enactment. Sincerely, Secretary Calendar No. 400 94TH CONGRESS SENATE REPORT No. 94-408 1st Session AMENDING THE WATER RESOURCES PLANNING ACT OF 1965 OCTOBER 2 (legislative day, SEPTEMBER 11), 1975.-Ordered to be printed Mr. JACKSON, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompany S. 506] The Committee on Interior and Insular Affairs, to which was re- ferred the bill (S. 506) to amend the Water Resources Planning Act to extend the authority for financial assistance to the States for water resources planning, having considered the same, reports favorably thereon with amendments and recommends that the bill, as amended, do pass. The amendments are as follows: (1) Strike out all after the enacting clause and insert in lieu thereof the following: That the Water Resources Planning Act of 1965 (79 Stat. 244, as amended) is hereby further amended as follows: (a) By deleting in section 101 the words "the Secretary of Health, Education, and Welfare," and inserting in lieu thereof "the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Administrator of the Environmental Protection Agency,". (b) By deleting in section 105(a) (5) the words "to exceed $100 per diem for individuals" and inserting in lieu thereof "in excess of the daily equivalent of the rate prescribed for grade GS-18 under section 5332 of title 5 of the United States Code in the case of individual experts or consultants;". (c) By deleting in section 205 (a) (4) the words "to exceed $100 per diem" and inserting in lieu thereof "in excess of the daily equivalent of the rate prescribed for grade GS-18 under section 5332 of title 5, United States Code,". (d) By deleting in section 301 (a) the words "for the next fiscal year beginning after the date of the enactment of this Act and for the nine succeeding fiscal years thereafter" and inserting in lieu thereof "for fiscal years 1977 and 1978". (c) By deleting immediately after the phrase "(c) not to exceed" in section 401(c) the words "$3,500,000 annually for fiscal years 1974 and 1975" and insert- ing in lieu thereof "a total of $10,000,000 for fiscal years 1976 and 1977". (2) Amend the title SO as to read: A bill to amend the Water Resources Planning Act (79 Stat. 244), as amended. 57-010 2 3 PURPOSE OF THE MEASURE Under the title III program, State expenditures in fiscal year 1965 The purpose of this measure, as amended and reported by the Senate for water and related land resources planning became the base above Interior Committee, is to amend the Water Resources Planning Act which Federal grants would provide up to 50 percent of State aug- to extend the authority for financial grants to States for water re- mented expenditures. The Planning Act authorized a 10-year title sources planning; to increase the rate of compensation for experts III program which will terminate at the end of fiscal year 1976. and consultants to the Water Resources Council and River Basin Com- Review of the grant program indicates that State planning capa- missions; to provide authorizations for appropriations for prepara- bility has been upgraded in many States. A number of States have tion of a national assessment and for regional and river basin plans; published State water plans and have increased their capability to and, to revise the membership of the Water Resources Council. contribute to interstate planning activities. The administration opposes continuation of the grant program BACKGROUND AND NEED (refer to Executive Communications, supra). The bill, as reported, provides for continuation of funding for fiscal years 1977 and 1978 The Water Resources-Planning Act of 1965 (Public Law 89-80) at the previously prescribed annual level of $5 million. established a Water Resources Council, provided for establishment of (e) Finally, the Water Resources Planning Act requires the Water river basin commissions and authorized financial assistance to States Resources Council to carry out a continuing study and prepare an for comprehensive water and related land resources planning. The assessment biennially or at less frequent intervals, of the adequacy of 1965 act was designed to encourage conservation, development and use supplies of water necessary to meet water requirements. A report is of the Nation's water and related land resources on a comprehensive scheduled to be issued in calendar year 1977. The Council is also author- and coordinated basis. The following discussion of background and need is limited spe- ized to fund regional or river basin comprehensive plans. cifically to those separate but related provisions of the bill reported Public Law 93-55 amended subsection (c) of section 401 of the Planning Act to provide authorizations for fiscal years 1974 and 1975 by the Interior Committee and does not describe the broader historical for the preparation of the national assessment and for directing and background of the Water Resources Planning Act. The discussion is coordinating the preparation of regional or river basin plans. Prior keyed to lettered paragraphs in the reported bill. (a) Reorganization Plan No.13 of 1970 transferred virtually all to enactment of Public Law 93-55, the Water Resources Planning Act provided that such sums would be authorized annually. water resources and related land planning functions then existing in As a result of the provisions of Public Law 93-55, there are no the Department of Health, Education, and Welfare to the Environ- authorizations for fiscal year 1976 and thereafter to support the con- mental Protection Agency. As a result, the Secretary of HEW is no tinuing national assessment for water and the regional and river basin longer actively involved in water-related programs. In addition, the planning program being conducted by the Council. Without fiscal year Departments of Housing and Urban Development, Commerce, Trans- portation, and the Environmental Protection Agency, each have juris- 1976 funding, both the assessment and the regional comprehensive studies would be prematurely terminated. The administration has re- diction over programs affecting water and related land planning but, quested $3.9 million in fiscal year 1976 appropriations for the above- at present, except for the Department of Transportation, are only associate members. As associate members, the privileges and responsi- mentioned programs but, without authorization for appropriations, authority does not exist to provide the requested funds. bilities of statutory membership are not available and associate mem- The administration favors authorizations to the Water Resources bers cannot vote because their function is merely advisory. Council without fiscal year limitation and of such sums as necessary (b), (c) Under provisions of the Water Resources Planning Act, to carry out the provisions of the Planning Act. The provisions re- consultants may be employed by river basin commissions or the Water ported from the Interior Committee provide for a continuation of Resources Council at a rate not to exceed $100 per diem. Other Federal funding for fiscal years 1976 and 1977 at a total authorization for both agencies provide for a rate of compensation for consultants commensu- years of $10 million. rate with the daily equivalent of the rate prescribed for grade GS-18 LEGISLATIVE HISTORY under section 5332 of title 5, United States Code; the equivalent daily allowance would equal $139.48. As introduced, S. 506 was identical to S. 1720, introduced during (d) Title III of the Water Resources Planning Act provide grants the 93d Congress. S. 1720 received no action in the Senate Interior to States which are administered by the Water Resources Council. The Committee. objective of the program is to increase the capabilities of States for Like S. 1720, the original provisions of S. 506 would have extended, water resources planning. When the program was initiated, it was without fiscal year limitation, the title III program for financial assist- found that 12 States were not engaged in any form of water resources ance to the States for water resources planning. planning and that 5 were spending less than $6,000 per year. As of S. 506 was introduced on January 30, 1975, by Senator Church. The fiscal year 1975, all States, Puerto Rico, Virgin Islands, and the Dis- measure was cosponsored by Senators Church, McGee, Metcalf, trict of Columbia, were participating in the title III program. Inouye, and Burdick. A hearing was conducted on S. 506, S. 1299, and S.R. 408 S. 1596 on July 10, 1975. The Interior Committee held a markup ses- sion on September 10, 1975, on S. 506, as amended. S.R. 408 4 5 Incorporated into the provisions of S. 506, as amended and reported, tended to provide seed money for building up State water resources are provisions of S. 1299 (introduced by Senator Jackson and Senator staffs SO that States could participate in water planning. In 1975, Fannin, by request of the administration on March 21, 1975) and pro- $15 million in State moneys went unmatched by Federal funds because visions of S. 1596 (introduced by Senator Jackson and Senator Fan- most States provided funding for water resources staffs in excess of nin, by request of the administration on April 20, 1975). Both bills available Federal grants. As a result, the title III program is said (S. 1299 and S. 1596) are pending before the Senate Interior Com- to have achieved a major goal for which it was created. From testimony provided at the July 10 hearing, and communica- mittee. H.R. 5952, whose provisions are identical to S. 506 as reported, has tions received by the Subcommittee on Energy Research and Water been reported out of the House of Representatives Interior Com- Resources, the title III program has been recommended for extension. mittee and is pending before the House. According to information received, judged by 1965 standards, State capabilities have been improved as a result of the title III program. COMMITTEE RECOMMENDATION In terms of current demands, however, the degrees of planning self- The Senate Committee on Interior and Insular Affairs, in open sufficiency envisioned for the States by the Planning Act is argued not to have been achieved. In addition, new responsibilities placed business session on September 10, 1975, by unanimous vote of a quorum upon the States as a part of new Federal legislation enacted since present recommends that the Senate adopt S. 506 as amended as de- passage of the Planning Act have lessened State capabilities in a scribed herein. relative sense. Finally, of the $45 million authorized over the first 9 COMMITTEE AMENDMENTS years of the title III program, only $26.95 million has been appropri- The committee amended the bill by substituting a new text for S. 506 ated, and, in terms of the objectives set forth in the Planning Act, testi- as introduced. The substitute text is set forth at the beginning of this mony received indicated that limitations on appropriations have lim- report. The folowing explanations are numbered according to the ited the program. (e) As originally introduced in S. 1596, paragraph 3, the adminis- paragraphs of the substitute text: (a) The administration recommended passage of the provision of tration requested authorizations without fiscal year limitation of such this paragraph which is contained in S. 1299 and incorporated into sums as necessary to carry out the provisions of the Water Resources the substituted text of S. 506. This provision will change the member- Planning Act. Public Law 93-55 amended the Water Resources Plan- ship of the Water Resources Council by removing from the Council ning Act to provide authorizations for preparation of the national of Members the Secretary of Health, Education, and Welfare and assessment and regional comprehensive river basin plans for fiscal adding the Secretaries of Commerce, Transportation, Housing and years 1974 and 1975. Prior to Public Law 93-55, the Planning Act Urban Development, and the Administrator of the Environmental provided for such sums as would be authorized annually. Consequently, it has been the policy of the Interior Committee to authorize funds Protection Agency. (The Department of Transportation Act of 1966 annually or biannually, rather than without fiscal year limitation. As (Public Law 89-670, sec. 7) provides that the Secretary of Transpor- tation shall be a member of the U.S. Water Resources Council. The provided in paragraph (e) of the substituted text, authorizations are amendment to the Water Resources Planning Act to include the Sec- provided for fiscal years 1976 and 1977. In a hearing before the House of Representatives Subcommittee on Water and Power Resources, the retary of Transportation on the Council is desirable for completeness). Director of the Water Resources Council testified that $10 million for (b) and (c) The administration recommends passage of provisions fiscal years 1976 and 1977 would be adequate to complete the national of these paragraphs which are contained in S. 1596 as paragraphs assessment and continue the comprehensive river basin plans. (1) and (2). These provisions will provide for a rate of compensation for consultants commensurate with that offered by other Federal COST AND BUDGETARY CONSIDERATIONS agencies. (d) This provision would extend the provisions of title III of the In accordance with section 252 (a) of the Legislative Reorganization Water Resources Planning Act for fiscal years 1977 and 1978. As Act of 1970, the committee provides the following estimates of cost originally introduced, S. 506 called for extension of the title III pro- 1. Administrative costs.-Enactment of S. 506 will not require any gram without fiscal year limitation. The Subcommittee on Energy Re- significant administrative action not already provided for at existing search and Water Resources will conduct additional public hearings budgetary levels since the bill requires continued implementation of on the Water Resources Planning Act of 1964. The purpose will be to the title III grants program and the national assessment and compre- examine the success of the act in meeting its objectives and possibly hensive river basin plans. recommending amendments to the act. As a result of this prospective 2. Impact on Federal revenues.-If enacted, S. 506 requires $5 mil- inquiry, the title III grant authority has been limited to two addi- lion annually for fiscal years 1977 and 1978 for carrying out provisions tional fiscal years during which time the Act will be examined. of title III as amended and also requires in fiscal years 1977 and 1978 The administration does not favor extension of the title III pro- a total of $10 million to continue planning functions called for in the gram. According to the administration, the title III grants were in- act. S.R. 408 S.R. 408 6 7 EXECUTIVE COMMUNICATIONS and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute SO much of its proceedings and The legislative report received by the committee from the Office of reports thereon as it may deem advisable; (2) acquire, furnish, and Management and Budget setting forth Executive agency recommen- equip such office space as is necessary; (3) use the United States mails dations relating to S. 506 is set forth below: in the same mannér and upon the same conditions as other departments EXECUTIVE OFFICE OF THE PRESIDENT, and agencies of the United States; (4) employ and fix the compensa- OFFICE OF MANAGEMENT AND BUDGET, tion of such personnel as it deems advisable, in accordance with the civil service laws and Classification Act of 1949, as amended; (5) pro- Washington, D.C., July 11, 1975. Hon. HENRY M. JACKSON, cure services as authorized by section 15 of the Act of August 2, 1946 Chairman, Committee on Interior and Insular Affairs, U.S. Senate, (5 U.S.C. 55a), at rates not [to exceed $100 per diem] in excess of Washington, D.C. daily equivalent of the rate prescribed for grade GS-18 under section 5332 of title 5, United States Code, for individuals; (6) purchase, hire, DEAR MR. CHAIRMAN: This is in reply to your request of June 24, operate, and maintain passenger motor vehicles; and (7) incur such 1975, for the views of the Office of Management and Budget on S. 506, necessary expenses and exercise such other powers as are consistent a bill to amend the Water Resources Planning Act to extend the with and reasonably required to perform its functions under this Act. authority for financial assistance to the States for water resources 3. Paragraph (c) of S. 506 would amend section 205 (a) (4) of the planning. Water Resources Planning Act (79 Stat. 249), as amended, as follows: The Water Resources Council, in its report to your Committee, rec- ommended against enactment of S. 506 on the basis that Title III of SEC. 205. (a) For the purpose of carrying out the provisions of this the Water Resources Act, which the bill seeks to extend indefinitely, title, each river basin commission may- has essentially achieved its major goal of increasing State participa- (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise tion in water resources planning. The Office of Management and Budget agrees with the views of the reproduce and distribute SO much of its proceedings and reports Council and, accordingly, would also be opposed to the enactment thereof as it may deem advisable; of S. 506. (2) acquire, furnish, and equip such office space as is necessary Sincerely, (3) use the United States mails in the same manner and upon JAMES M. FREY, the same conditions as departments and agencies of the United Assistant Director for Legislative Reference. States; (4) employ and compensate such personnel as it deems advis- CHANGES IN EXISTING LAW able, including consultants, at rates not [to exceed $100 per diem,] in excess of daily equivalent of the rate prescribed for grade GS- In compliance with subsection 4 of rule XXIX of the standing rules 18 under section 5332 of title 5, United States Code, and retain of the Senate, changes in existing law made by the bill S. 506, as and compensate such professional or technical service firms as it ordered reported, are shown as follows (existing law proposed to be deems advisable on a contract basis: omitted is enclosed in black brackets, new matter is printed in italic, 4. Paragraph (d) of S. 506 would amend section 301 (a) of the existing law in which no change is proposed is shown in roman) Water Resources Planning Act (79 Stat. 251), as amended, as follows: 1. Paragraph (a) of S. 506 would amend section 101 of the Water SEC. 301. (a) In recognition of the need for increased participation Resources Planning Act (79 Stat. 244), as amended, as follows: by the States in water and related land resources planning to be effec- SEC. 101. There is hereby established a Water Resources Council tive, there are hereby authorized to be appropriated to the Council for (hereinafter referred to as the "Council") which shall be composed of the next fiscal year beginning after the date of enactment of this Act, the Secretary of the Interior, the Secretary of Agriculture, the Sec- and for the nine succeeding fiscal years thereafter], for fiscal years retary of the Army, [the Secretary of Health, Education, and Wel- 1977 and 1978 $5,000,000 in each such year for grants to States to assist fare, the Secretary of Commerce, the Secretary of Housing and them in developing and participating in the development of compre- Urban Development, the Secretary of Transportation, the Administra- hensive water and related land resources plans. tor of the Environmental Protection Agency, and the Chairman of the 5. Paragraph (e) of S. 506 would amend section 401 (c) of the Federal Power Commission. The Chairman of the Council shall re- Water Resources Planning Act (79 Stat. 253), as amended (42 U.S.C. quest the heads of other Federal agencies to participate with the 1962, 1962d (c)), as follows: Council when matters affecting their responsibilities are considered (c) not to exceed $3,500,000 annually for fiscal years 1974 and by the Council. The Chairman of the Council shall be designated by the 1975] a total of $10,000,000 for fiscal years 1976 and 1977 for prepara- President. tion of assessments, and for directing and coordinating the preparation 2. Paragraph (b) of S. 506 would amend section 105 (5) of the of such regional or river basin plans as the Council determines are Water Resources Planning Act (79 Stat. 246), as amended, as follows: necessary and desirable in carrying out the policy of this chapter: SEC. 105. (a) For the purpose of carrying out the provisions of this Provided, That not more than $2,500,000 shall be available under this Act, the Council may: (1) hold such hearings, sit and act at such times S.R. 408 S.R. 408 8 subsection for the preparation of assessments: Provided further, That the Council may transfer funds authorized by this subsection to river basin commissions and to Federal and State agencies upon such terms and conditions as it determines are necessary and desirable to carry out the above functions in an economical, efficient, and timely manner, and that such commissions and agencies are hereby authorized to re- ceive and expend such funds pursuant to this subsection. S.R. 408 94TH CONGRESS HOUSE OF REPRESENTATIVES REPORT 1st Session No. 94-504 AMENDING THE WATER RESOURCES PLANNING ACT TO REVISE THE MEMBERSHIP OF THE WATER RE- SOURCES COUNCIL SEPTEMBER 24, 1975.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. HALEY, from the Committee on Interior and Insular Affairs, submitted the following REPORT [To accompnay H.R. 5952] The Committee on Interior and Insular Affairs, to whom was re- ferred the bill (H.R. 5952) to amend the Water Resources Planning Act to revise the membership of the Water Resources Council, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass. The amendments are as follows: Page 1, beginning on line 3, strike out all after the enacting clause and insert in lieu thereof the following: That the Water Resources Planning Act of 1965 (79 Stat. 244, as amended) is hereby further amended as follows: (a) By deleting in section 101 the words "the Secretary of Health, Education, and Welfare," and inserting in lieu thereof "the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transporta- tion, the Administrator of the Environmental Protection Agency,". (b) By deleting in section 105(a) (5) the words "to exceed $100 per diem for individuals" and inserting in lieu thereof "in excess of the daily equiva- lent of the rate prescribed for grade GS-18 under section 5332 of title 5 of the United States Code in the case of individual experts or consultants,". (c) By deleting in section 205 (a) (4) the words "to exceed $100 per diem" and inserting in lieu thereof "in excess of the daily equivalent of the rate prescribed for grade GS-18 under section 5332 of title 5, United States Code,". (d) By deleting in section 301 (a) the words "for the next fiscal year begin- ning after the date of the enactment of this Act, and for the nine succeeding fiscal years thereafter" and inserting in lieu thereof "for fiscal years 1977 and 1978". (e) By deleting immediately after the phrase "(c) not to exceed" in section 401 (c) the words "$3,500,000 annually for fiscal years 1974 and 1975" and inserting in lieu thereof "a total of $10,000,000 for fiscal years 1976 and 1977". Amend the title SO as to read: To amend the Water Resources Planning Act (79 Stat. 244), as amended. 57-006 2 3 PURPOSE Generally, this contemplates a continuation of the existing level of funding for this program with a modest increase in the authorization The purpose of H.R. 5952, introduced by Mr. Johnson of Califor- of appropriations for the Water Resources Council. nia (for himself and Mr. Skubitz and Mr. Lujan), is to amend the Water Resources Planning Act as described hereafter. Related legis- INFLATIONARY IMPACT lation considered by the Committee in connection with this legislation The Committee on Interior and Insular Affairs does not regard included H.R. 3438 introduced by Mr. Johnson of California (for him- H.R. 5952 as being an inflationary factor since it merely provides for self and Mr. Skubitz) and H.R. 4724 introduced by Mr. Thone. the continuation of programs at essentially the same level that they BACKGROUND have been conducted in recent years. The Water Resources Planning Act (Public Law 89-80) establishes COMMITTEE RECOMMENDATION a cabinet level U.S. Water Resources Council comprised of Depart- The Committee on Interior and Insular Affairs, on the basis of a ment and Agency heads having substantial water resource develop- unanimous voice vote, recommends that H.R. 5952 as amended be ment programs. The council is responsible for enacted. (1) Assessing national and regional water supplies, EXECUTIVE COMMUNICATIONS (2) Coordinating the various Federal, State, Regional and Executive Communications from the U.S. Water Resources Council River Basin water programs, dated February 11th and March 6, 1975, and a report on a related (3) Administering a program of matching grants to assist matter from the U.S. Water Resources Council on a related bill under States in improving their water resource planning capability, and date of July 23, 1975, are set forth in full below. (4) Administering a Federal grant program to River Basin Commissions (also authorized to be established by the Act) to U.S. WATER RESOURCES COUNCIL, pay the Federal share of the cost of operating the Commissions. Vashington, D.C., February 11, 1975. For these purposes the Act, as previously amended, authorizes ap- Hon. CARL ALBERT, propriations of $5,000,000 annually through fiscal year 1976 for plan- Speaker of the House of Representatives, ning grants; $6,000,000 annually for the Federal share of the cost of Washington, D.C. operating the River Basin Commissions; and $1,500,000 annually for DEAR MR. SPEAKER: Enclosed is a bill to amend Water Resources administering the Water Resources Council. In recent years there has Planning Act of 1965 (Public Law 89-80), to increase the rate of been a supplemental authorization in the amount of $3,500,000 to be compensation for experts and consultants and to provide continuing used by the Council for preparation of assessments and for coordina- authorization for appropriations without limitation. tion of River Basin plans. The supplemental authorization expired in The current provisions of the Water Resources Planning Act allow Fiscal Year 1975. the Council and each river basin commission to employ experts and The pending bill affects appropriations authority in two ways: consultants at rates not to exceed $100 per diem. The bill would raise this amount by providing a rate of compensation not in excess of the (1) It extends the authorization for State planning grants daily equivalent of the highest rate of basic pay under Section 5332 of through fiscal year 1978 at the level of $5,000,000 per year, and Title 5 of the United States Code (GS-18-approximately $138.00 per (2) It extends the authorization for national assessments and day). The proposed rate is commensurate with that offered by other coordination of River Basin plans in the total amount of $10,000,- Federal agencies. 000 for Fiscal Years 1976 and 1977. The current Act does not contain authorization for preparation of H.R. 5952 also amends the Water Resources Planning Act to adjust regional or river basin plans for FY 1976 and the current ceiling of the membership to more nearly conform to present responsibilities authorization for administration and coordination for Council activi- within the Executive Branch. This is accomplished by dropping the ties has been reached in the FY 1976 budget. The bill would authorize Secretary of Health, Education, and Welfare from full voting member- to be appropriated to the Council without fiscal year limitation such ship, and by adding the Secretaries of Commerce, Housing and Urban sums as necessary to carry out the provisions of this Act. The proposal Development, and Transportation; and the Administrator of the En- for no specific program ceilings is to provide for executive flexibility in vironmental Protection Agency. establishing program levels through the budget and appropriation The legislation also amends the Water Resources Planning Act to process. authorize compensation of expert consultants to the Council and the The Office of Management and Budget advises that enactment of River Basin Commissions at the prevailing salary for GS-18 instead this legislation is consistent with the President's programs and of the flat rate of $100 per day presently set forth in the Act. objectives. Sincerely, COSTS JACK O. HORTON, The maximum cost of H.R. 5952 is estimated by the Committee as (For Rogers C. B. Morton, Chairman). Enclosure. $20,000,000; this being the amount authorized to be appropriated. H.R. 504 H.R. 504 4 5 A BILL To amend the Water Resources Planning Act to increase the Secretaries and the Administrator have indicated that they would rate of compensation for experts and consultants and to provide favor full membership and participation in the Council. At present, continuing authorization for appropriations without limitation the Secretary of Commerce, the Secretary of Housing and Urban Be it enacted by the Senate and House of Representatives Development and the Administrator of the Environmental Protection of the United States of America in Congress assembled, Agency are non-statutory "associate" members of the Council. This that the Water Resources Planning Act (79 Stat. 244, 42 USC status does not give them the privileges and responsibilities of statu- 1962 et seq.), is hereby amended as follows: tory membership; the Secretaries cannot vote and their roles are 1. By deleting in section 105 (a) (5) (42 USC 1962a- essentially advisory. 4(5)) the words "to exceed $100 per diem for indi- The Department of Commerce has responsibility for providing ex- viduals" and inserting in lieu thereof "in excess of the tensive basic economic data and projections (OBERS) in cooperation daily equivalent of the rate prescribed for grade GS-18 with the Department of Agriculture, for certain marine resources under section 5332 of title 5 of the United States Code in affairs, for fostering industrial expansion and economic development the case of individual experts or consultants;" which requires substantial use of water and related land resources, for 2. By deleting in section (a) (4) (42 USC 1962b-4 providing the national networks of geodetic control surveys, and for (4)) the words "to exceed $100 per diem" and inserting in river flow forecasting and flood warning. lieu thereof "in excess of the daily equivalent of the rate The Department of Housing and Urban Development has con- prescribed for grade GS-18 under section 5332 of title tributed much to the Council by providing a link between planning 5 of the United States Code,". for river basins and planning for the concentrated urban population 3. By deleting the present section 401 (42 USC 1962d) centers. The National Flood Insurance Program, established by the and substituting therefor the following: Housing and Urban Development Act of 1968, as amended, will re- "Sec. 401. There are authorized to be appropriated quire extensive coordination with all flood damage prevention pro- without fiscal year limitation such sums as necessary to grams for which the other Council members have major responsi- carry out the provisions of this Act. The Council may bilities. transfer funds authorized by this section to river basin The Environmental Protection Agency has major responsibilities commissions and to Federal and State agencies upon such with respect to water quality and other aspects of water resources use. terms and conditions as it determines are necessary and These responsibilities are an integral part of coordinated and com- desirable to carry out the purposes of this Act in an eco- prehensive water resources planning. Without participation of EPA, nomical, efficient, and timely manner, and that such major components of water resources activities represented in the commissions and agencies are hereby authorized to receive Council prior to the creation of the Agency cannot be adequately con- and expend such funds pursuant to this section." sidered in the Council's coordinated activities. The Department of Transporation Act of 1966 expanded WRC BACKGROUND INFORMATION membership to include the Secretary of Transportation on matters pertaining to navigation features of water resource projects. The The Water Resources Council (WRC) was established by the Water Water Resources Planning Act of 1965 does not have language includ- Resources Planning Act of 1965 (P.L. 89-80) for the purposes of pre- ing the Secretary of Transportation and therefore this amending paring periodic national assessments of the adequacy of the Nation's language is necessary for purposes of completeness. water and related land resources: directing and coordinating compre- In addition, the Secretary of Health, Education, and Welfare has hensive regional and river basin planning; recommending to the Presi- requested to be removed from full membership status on the Council. dent needed changes in Federal policies and programs; establishing, The Council of Members unanimously approved the request. with the approval of the President, principles, standards, and pro- Removal of the Secretary of HEW is appropriate because of Reorga- cedures for Federal water and related land resources planning; co- nization Plan No. 3 of 1970 which transferred virtually all water re- ordinating such planning activities, performing responsibilities with sources and related land planning functions then existing in HEW to regard to the creation, operation, and termination of Federal-State the new Environmental Protection Agency. river basin commissions: and providing financial assistance to the States SO as to increase their participation in water and related land resources planning. The proposed bill would amend the Water Resources Planning Act U.S. WATER RESOURCES COUNCIL, to revise the membership of the Water Resources Council. Washington, D.C., March 6, 1975. The Council of Members has unanimously approved full member- Hon. CARL ALBERT, ship in the Water Resources Council for the Secretary of Commerce, Speaker of the House of Representatives, the Secretary of Housing and Urban Development and the Adminis- Washington, D.C. trator of the Environmental Protection Agency and has recommended DEAR MR. SPEAKER: Enclosed is a bill to amend Water Resources that appropriate action be taken to make them full members. The Planning Act of 1965 (Public Law 89-80), to revise membership of H.R. 504 H.R. 504 6 7 the United States Water Resources Council. An explanation of this :amendment is contained in the accompanying background statement. ported, are shown as follows (existing law proposed to be omitted is The Office of Management and Budget advises that it has no objec- enclosed in black brackets, new matter is printed in italic, existing law tion to the enactment of this legislation. in which no change is proposed is shown in roman) : Sincerely, JACK O. HORTON, ACT OF JULY 22, 1965 (79 STAT. 244) (For Rogers C. B. Morton, Chairman). Enclosures. SEC. 101. There is hereby established a Water Resources Council (hereinafter referred to as the "Council") which shall be composed of A BILL To amend the Water Resources Planning Act to revise the membership of the Water Resources Council the Secretary of the Interior, the Secretary of Agriculture, the Secre- tary of the Army, [the Secretary of Health, Education, and Welfare,] Be it enacted by the Senate and House of Representatives the Secretary of Commerce, the Secretary of Housing and Urban De- of the United States of America in Congress assembled, that velopment, the Secretary of Transportation, the Administrator of the the Water Resources Planning Act (79 Stat. 244, 42 USC Environmental Protection Agency, and the Chairman of the Federal 1962 et seq.), is hereby amended as follows: Power Commission. The Chairman of the Council shall request the By deleting in section 101 (42 USC 1962a) the words heads of other Federal agencies to participate with the Council when "the Secretary of Health, Education, and Welfare," and matters affecting their responsibilities are considered by the Council. inserting in lieu thereof "the Secretary of Commerce, The Chairman of the Council shall be designated by the President. the Secretary of Housing and Urban Development, the * Secretary of Transportation, the Administrator of the Environmental Protection Agency,". SEC. 105. (a) For the purpose of carrying out the provisions of this Act, the Council may (1) hold such hearings, sit and act at such times and places, take such testimony, receive such evidence, and print or otherwise reproduce and distribute SO much of its proceedings and U.S. WATER RESOURCES COUNCIL, reports thereon as it may deem advisable; (2) acquire, furnish, and Washington, D.C., July 23, 1975. equip such office space as is necessary; (3) use the United States mails Hon. JAMES A. HALEY, in the same manner and upon the same conditions as other departments Chairman, Committee on Interior and Insular Affairs, and agencies of the United States; (4) employ and fix the compensa- House of Representatives, Washington, D.C. tion of such personnel as it deems advisable, in accordance with the DEAR MR. CHAIRMAN: This is in response to your request for a report civil service laws and Classification Act of 1949, as amended; (5) pro- on a bill (H.R. 4724) "To amend the Water Resources Planning Act cure services as authorized by section 15 of the Act of August 2, 1946 to extend the authority for financial assistance to the States for water (5 U.S.C. 55a), at rates not [to exceed $100 per diem for individuals] resources planning." H.R. 4724 would extend Title III of the Water in excess of the daily equivalent of the rate prescribed for grade GS-18 Resources Planning Act of 1965 indefinitely. under section 5332 of title 5 of the United States Code in the case of The Title III program was created to encourage the States to de- individual experts or consultants; (6) purchase, hire, operate, and velop a capability to participate in water planning as an equal partner. maintain passenger motor vehicles; and (7) incur such necessary ex- The grants provided seed money which assisted States in building up penses and exercise such other powers as are consistent with and rea- the requisite staffs. sonably required to perform its functions under this Act. Since the program's inception in 1965, State participation in water * and related land planning has increased significantly as measured by size of staffs and expenditures. In 1975, $15 million in State monies SEC. 205. (a) For the purpose of carrying out the provisions of this title, each river basin commission may- went unmatched as most States have funds in excess of Federal grants available. Title III has thus, we believe, essentially achieved a major (1) hold such hearings, sit and act at such times and places, take goal for which it was created. Accordingly, the U.S. Water Resources such testimony, receive such evidence, and print or other wise re- Council recommends against enactment of H.R. 4724. thereon as it may deem advisable; produce and distribute SO much of its proceedings and reports The Office of Management and Budget advises there is no objection to the presentation of this report from the standpoint of the Adminis- (2) acquire, furnish. and equip such office space as is necessary; tration's program. (3) use the United States mails in the same manner and upon Sincerely, the States; same conditions as departments and agencies of the United WARREN D. FAIRCHILD, Director. (4) employ and compensate such personnel as it deems advis- CHANGES IN EXISTING LAW able, including consultants, at rates not [to exceed $100 per diem] in excess of the daily equivalent of the rate prescribed for grade In compliance with clause 3 of Rule XIII of the Rules of the House GS-18 under section 5332 of title 5, United States Code, and re- of Representatives, changes in existing law made by the bill, as re- tain and compensate such professional or technical service firms as it deems advisable on a contract basis; H.R. 504 H.R. 504 8 (5) arrange for the services of personnel from any State or the United States, or any subdivision or agency thereof, or any inter- governmental agency; (6) make arrangements, including contracts, with any partici- pating government, except the United States or the District of Columbia, for inclusion in a suitable retirement and employee benefit system of such of its personnel as may not be eligible for or continuing in another governmental retirement or employee bene- fit system, or otherwise provide for such coverage of its personnel; (7) purchase, hire, operate, and maintain passenger motor ve- hicles; and (8) incur such necessary expenses and exercise such other powers as are consistent with and reasonably required to perform its func- tions under this Act. * * * SEC. 301. (a) In recognition of the need for increased participation by the States in water and related land resources planning to be effective, there are hereby authorized to be appropriated to the Coun- cil [for the next fiscal year beginning after the date of enactment of this Act, and for the nine succeeding fiscal years thereafter for fiscal years 1977 and 1978, $5,000,000 in each such year for grants to States to assist them in developing and participating in the development of comprehensive water and related land resources plans. * * * * * * SEC. 401. There are authorized to be appropriated to the Water Resources Council: (a) Not to exceed $6,000,000 annually for the Federal share of the expenses of administration and operation of river basin com- missions, including salaries and expenses of the chairmen, but not including funds authorized by subsection (c) below: Provided, That not more than $750,000 annually shall be available under this subsection for any single river basin commission; (b) Not to exceed $1,500,000 annually for the expenses of the Water Resources Council in administering this Act, not includ- ing funds authorized by subsection (c) below; (c) Not to exceed [$3,500,000 annually for fiscal years 1974 and 1975] a total of $10,000,000 for fiscal years 1976 and 1977 for preparation of assessments, and for directing and coordinat- ing the preparation of such regional or river basin plans as the Council determines are necessary and desirable in carrying out the policy of this Act: Provided, That not more than $2,500,000 shall be available under this subsection for the preparation of as- sessments: Provided further, That the Council may transfer funds authorized by this subsection to river basin commissions and to Federal and State agencies upon such terms and conditions as it determines are necessary and desirable to carry out the above functions in an economical, efficient, and timely manner, and that such commissions and agencies are hereby authorized to re- ceive and expend such funds pursuant to this subsection. * * H.R. 504 H. R. 5952 Ainety-fourth Congress of the United States of America AT THE FIRST SESSION Begun and held at the City of Washington on Tuesday, the fourteenth day of January, one thousand nine hundred and seventy-five An Act To amend the Water Resources Planning Act (79 Stat. 244), as amended. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Water Resources Planning Act of 1965 (79 Stat. 244, as amended) is hereby further amended as follows: (a) By deleting in section 101 the words "the Secretary of Health, Education, and Welfare," and inserting in lieu thereof "the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Administrator of the Environmental Protection Agency,". (b) By deleting in section 105 (a) (5) the words "to exceed $100 per diem for individuals" and inserting in lieu thereof "in excess of the daily equivalent of the rate prescribed for grade GS-18 under section 5332 of title 5 of the United States Code in the case of individual experts or consultants;". (c) By deleting in section 205(a) (4) the words "to exceed $100 per diem" and inserting in lieu thereof "in excess of the daily equivalent of the rate prescribed for grade GS-18 under section 5332 of title 5, United States Code,". (d) By deleting in section 301 (a) the words "for the next fiscal year beginning after the date of the enactment of this Act, and for the nine succeeding fiscal years thereafter" and inserting in lieu thereof "for fiscal years 1977 and 1978,". (e) By deleting immediately after the phrase "(c) not to exceed" in section 401 (c) the words "$3,500,000 annually for fiscal years 1974 and 1975" and inserting in lieu thereof "a total of $10,000,000 for fiscal years 1976 and 1977". Speaker of the House of Representatives. Vice President of the United States and President of the Senate. October 8, 1975 Dear Mr. Director: The following bills were received at the White House on October 8th: So 824 So 1327 B. 1549 H.R. 5952 Please let the President have reports and recomendations as to the approval of these bills as soon as possible. Sincerely, Robert D. Linder Chief Executive Clerk The Honorable James T. Lynn Director Office of Management and Budget Washington, D. C.