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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 Gerald R. Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections.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.

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    "ocrText": "The original documents are located in Box 31, folder \"10/16/75 HR5952 Amends Water\nResources Planning Act of 1965\" of the White House Records Office: Legislation Case Files\nat the Gerald R. Ford Presidential Library.\nCopyright Notice\nThe copyright law of the United States (Title 17, United States Code) governs the making of\nphotocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United\nStates of America his copyrights in all of his unpublished writings in National Archives collections.\nWorks prepared by U.S. Government employees as part of their official duties are in the public\ndomain. The copyrights to materials written by other individuals or organizations are presumed to\nremain with them. If you think any of the information displayed in the PDF is subject to a valid\ncopyright claim, please contact the Gerald R. Ford Presidential Library.\nExact duplicates within this folder were not digitized.\nDigitized from Box 31 of the White House Records Office Legislation Case Files at the Gerald R. Ford Presidential Library\nAPPROVED\nOCT 16 1975\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nposted\nOCT 14 1975\n10/16/75.\nMEMORANDUM FOR THE PRESIDENT\nTo Archine\n1/16/75\nSubject: Enrolled Bill H.R. 5952 - Amends Water Resources\nPlanning Act of 1965\nSponsors - Rep. Johnson (D) California,\nRep. Skubitz (R) Kansas, and Rep. Lujan (R)\nNew Mexico\nLast Day for Action\nOctober 20, 1975 - Monday\nFORD i LIBRARY GERALD\nPurpose\nRevises membership of the Water Resources Council and amends\ncertain appropriations and other authorizations relating to\nthe work of the Council.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of the Interior\nApproval\nWater Resources Council Staff\nApproval\nDepartment of Agriculture\nApproval\nDepartment of Commerce\nApproval (Informally)\nDepartment of Transportation\nApproval\nCivil Service Commission\nApproval (personnel pro-\nvisions only)\nDepartment of the Army\nNo objection\nDepartment of Housing and Urban\nDevelopment\nNo objection\nEnvironmental Protection Agency\nNo objection\nDepartment of Health, Education,\nand Welfare\nNo objection\n2\nDiscussion\nThe Water Resources Planning Act of 1965 established the\nCabinet-level Water Resources Council to carry out the fol-\nlowing programs:\n(1) assessing national and regional water supplies,\n(2) coordinating the various Federal, State, Regional\nand River Basin Water programs,\n(3) administering a program of matching grants to assist\nStates in improving their water resource planning\ncapability, and\n(4) encouraging the establishment by Executive Order, of\nRiver Basin Commissions, and paying the Federal share\nof the cost of operating the Commissions.\nH.R. 5952 amends the Act in the following respects:\nRemoves the Secretary of Health, Education, and Welfare\nfrom membership on the Council and adds the Secretaries\nof Commerce, Housing and Urban Development, and Trans-\nportation, and the Administrator of the Environmental\nProtection Agency. This change reflects the changing\nwater resource responsibilities and concerns of the\ndepartments and agencies in question since the original\nAct was enacted in 1965.\n--\nIncreases the compensation of experts and consultants\nto the Council to not to exceed the daily rate for\nGS 18 in lieu of the presently authorized rate of\n$100 per day. This change will permit Council experts\nand consultants to be paid at the rate generally authorized\nfor other agencies.\n--\nAuthorizes a total of $10,000,000 in appropriations\nfor Fiscal Years 1976 and 1977 for preparation of\nassessments, and for directing and coordinating the\npreparation of such regional or river basin plans as\nthe Council determines are necessary and desirable in\ncarrying out the policy of the Act. This authoriza-\ntion replaces one for the same purpose providing\n$3,500,000 annually for Fiscal Years 1974 and 1975.\n3\n- Authorizes, for Fiscal Years 1977 and 1978, appro-\npriations of $5,000,000 annually for grants to States\nto assist them in developing and participating in the\ndevelopment of comprehensive water and related land\nresources plans. An appropriation authorization in\nthe same amount for this purpose has been provided\nfor the past 10 years.\nWe support the foregoing amendments to the Act with one\nmajor exception -- the last provision described above that\nauthorizes appropriations for grants to the States for Fiscal\nYears 1977 and 1978. We believe that the 10-year program\nof assistance has achieved its purpose and that the States\nought to be able to provide for their own funding for these\nprograms in the future. This view was conveyed to the Congress\nby Administration witnesses testifying on the bill, but the\nCongress has nevertheless chosen to authorize a continuation\nof the program for two more years. While this is a serious\ndefect in the bill, we believe that our objective can be\naccomplished through the appropriation process, that is, by\nnot funding the authorization, and we would plan to recommend\nagainst funding in your 1977 and 1978 budgets.\nJames m. Trey\nAssistant Director for\nLegislative Reference\nEnclosures\nTHE WHITE HOUSE\nWASHINGTON\n10/15 10:00a\nJim Cavanaugh:\nThe Water Resources Council has\nadvised that they would like to\nbe able to announce this bill\nat a meeting in Las Vegas sometime\ntoday.\nJudy\nSigned\n10/16/75\nACTION\nTHE WHITE HOUSE\nLast Day: October 20\nWASHINGTON\nOctober 15, 1975\nMEMORANDUM FOR\nTHE PRESIDENT\nFROM:\nJIM CANNON\nSUBJECT:\nH.R. 5952 - Amends Water\nResources Planning Act of 1965\nAttached for your consideration is H.R. 5952, sponsored\nby Representatives Johnson, Skubitz and Lujan, which\nrevises the membership of the Water Resources Council\nand amends certain appropriations and other authorizations\nrelating to the work of the Council.\nA discussion of the enrolled bill is provided in OMB's\nenrolled bill report at Tab A.\nOMB, Max Friedersdorf, Counsel's Office (Lazarus) and\nI recommend approval of the enrolled bill.\nRECOMMENDATION\nThat you sign H.R. 5952 at Tab B.\nCAVANAUSH\nof\n10/14\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nOCT 14 1975\nMEMORANDUM FOR THE PRESIDENT\nSubject: Enrolled Bill H.R. 5952 - Amends Water Resources\nPlanning Act of 1965\nSponsors - Rep. Johnson (D) California,\nRep. Skubitz (R) Kansas, and Rep. Lujan (R)\nNew Mexico\nLast Day for Action\nOctober 20, 1975 - Monday\nPurpose\nRevises membership of the Water Resources Council and amends\ncertain appropriations and other authorizations relating to\nthe work of the Council.\nAgency Recommendations\nOffice of Management and Budget\nApproval\nDepartment of the Interior\nApproval\nWater Resources Council Staff\nApproval\nDepartment of Agriculture\nApproval\nDepartment of Commerce\nApproval (Informally)\nDepartment of Transportation\nApproval\nCivil Service Commission\nApproval (personnel pro-\nvisions only)\nDepartment of the Army\nNo objection\nDepartment of Housing and Urban\nDevelopment\nNo objection\nEnvironmental Protection Agency\nNo objection\nDepartment of Health, Education,\nand Welfare\nNo objection\n2\nDiscussion\nThe Water Resources Planning Act of 1965 established the\nCabinet-level Water Resources Council to carry out the fol-\nlowing programs:\n(1) assessing national and regional water supplies,\n(2) coordinating the various Federal, State, Regional\nand River Basin Water programs,\n(3) administering a program of matching grants to assist\nStates in improving their water resource planning\ncapability, and\n(4) encouraging the establishment by Executive Order, of\nRiver Basin Commissions, and paying the Federal share\nof the cost of operating the Commissions.\nH.R. 5952 amends the Act in the following respects:\nRemoves the Secretary of Health, Education, and Welfare\nfrom membership on the Council and adds the Secretaries\nof Commerce, Housing and Urban Development, and Trans-\nportation, and the Administrator of the Environmental\nProtection Agency. This change reflects the changing\nwater resource responsibilities and concerns of the\ndepartments and agencies in question since the original\nAct was enacted in 1965.\nIncreases the compensation of experts and consultants\nto the Council to not to exceed the daily rate for\nGS 18 in lieu of the presently authorized rate of\n$100 per day. This change will permit Council experts\nand consultants to be paid at the rate generally authorized\nfor other agencies.\nAuthorizes a total of $10,000,000 in appropriations\nfor Fiscal Years 1976 and 1977 for preparation of\nassessments, and for directing and coordinating the\npreparation of such regional or river basin plans as\nthe Council determines are necessary and desirable in\ncarrying out the policy of the Act. This authoriza-\ntion replaces one for the same purpose providing\n$3,500,000 annually for Fiscal Years 1974 and 1975.\n3\nAuthorizes, for Fiscal Years 1977 and 1978, appro-\npriations of $5,000,000 annually for grants to States\nto assist them in developing and participating in the\ndevelopment of comprehensive water and related land\nresources plans. An appropriation authorization in\nthe same amount for this purpose has been provided\nfor the past 10 years.\nWe support th\negoing amendments to the Act with one\nmajor exception -- the last provision described above that\nauthorizes appropriations for grants to the States for Fiscal\nYears 1977 and 1978. We believe that the 10-year program\nof assistance has achieved its purpose and that the States\nought to be able to provide for their own funding for these\nprograms in the future. This view was conveyed to the Congress\nby Administration witnesses testifying on the bill, but the\nCongress has nevertheless chosen to authorize a continuation\nof the program for two more years. While this is a serious\ndefect in the bill, we believe that our objective can be\naccomplished through the appropriation process, that is, by\nnot funding the authorization, and we would plan to recommend\nagainst funding in your 1977 and 1978 budgets.\n(Signed) James M. Frey\nAssistant Director for\nLegislative Reference\nEnclosures\nTHE WHITE HOUSE\nWASHINGTON\nOctober 15, 1975\nMEMORANDUM FOR:\nJIM CAVANAUGH\nFROM:\nMAX L. FRIEDERSDORF m.b.\nSUBJECT:\nH.R. 5952 - Amends Water Resources Planning\nAct of 1965\nThe Office of Legislative Affairs concurs with the agencies\nthat the\nsubject bill be signed.\nAttachments\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.: 605\nOctober 1314\nDate:\nTime:\n5: 30pm\nFOR ACTION: George Humphreys\nCC (for information):\nJim Cavanaugh\nMax Friedersdorf\nJack Marsh\nKen Lazarus\nWarren Hendriks\nFROM THE STAFF SECRETARY\nDUE: Date: October 1415 14\nTime: 30am\nSUBJECT:\nH.R. 5952 - Amends Water Resources Planning Act of 1965\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nNO comments -10-15-75\npw\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\ninlephone the Staff Secietary immediately.\n-\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.: 605\nDate:\nOctober 2514\nTime:\n5:30pm\nFOR ACTION:\nGeorge Humphreys\nCC (for information):\nJim Cavanaugh\nMax Friedersdorf\nJack Marsh\nKen Lazarus\nWarren Hendriks\nFROM THE STAFF SECRETARY\nDUE: Date: October 14,5\nTime: : 30am\nSUBJECT:\nH.R. 5952 - Amends Water Resources Planning Act of 1965\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nNo objection. -- Ken Lazarus 10/15/75\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelivery in submitting the required moterial, please\nintephone the Staff Secietary immediately.\nEXECUTIVE OFFICE OF THE PRESIDENT\nOFFICE OF MANAGEMENT AND BUDGET\nWASHINGTON, D.C. 20503\nOCT 14 1975\nMEMORANDUM FOR MR. LINDER\nSubject: Enrolled Bill H.R. 5952 - Amends Water Resources\nPlanning Act of 1965\nThe Water Resources Council and Staff are having a large\njoint meeting with the members of the Interstate Compact\nCommission on Water Resources at Las Vegas. The meeting\nis scheduled to breakup early Thursday, October 16.\nBefore leaving town last week to attend the meeting, Council\nrepresentatives requested our assistance in facilitating\nearly Presidential signature of the attached enrolled bill\nSO that, hopefully, its approval could be announced at the\nConference sometime Wednesday, October 15.\nAnything you can do to help in this effort will be greatly\nappreciated. It will also be appreciated if you could let\nJim Hyde know on extension 4700 as soon as the bill has\nbeen signed.\nAssistant Director for\nJames m. Trey\nLegislative Reference\nEnclosures\nTHE WHITE HOUSE\nACTION MEMORANDUM\nWASHINGTON\nLOG NO.: 605\nDate: October 13\nTime:\nnocomments\n5:30pm\nFOR ACTION: George Humphreys\nCC (for information):\nJim Cavanaugh\nMax Friedersdorf\nJack Marsh\nKen Lazanns\non\nWarren Hendriks\nFROM THE STAFF SECRETARY\nDUE: Date: October 14\nTime: 9:30am\nSUBJECT:\nH.R. 5952 - Amends Water Resources Planning Act of 1985\nACTION REQUESTED:\nFor Necessary Action\nFor Your Recommendations\nPrepare Agenda and Brief\nDraft Reply\nFor Your Comments\nDraft Remarks\nREMARKS:\nPlease return to Judy Johnston, Ground Floor West Wing\nJUIT\nPLEASE ATTACH THIS COPY TO MATERIAL SUBMITTED.\nIf you have any questions or if you anticipate a\ndelay in submitting the required material, please\nK. R. COLE, JR.\ntelephone the Staff Secretary immediately\nFor the President\nOF THE INTERIOR\nUnited States Department of the Interior\nOFFICE OF THE SECRETARY\nMarch\n3.\n1849\nWASHINGTON, D.C. 20240\nOCT 14 1975\nDear Mr. Lynn:\nThis responds to your request for the views of this Department on\nthe enrolled bill H.R. 5952, \"To amend the Water Resources Planning\nAct (70 Stat. 244), as amended.\"\nWe recommend that the President approve the legislation.\nH.R. 5952 was amended from its form as introduced and now contains\nprovisions adopted from two other bills, H.R. 4724 and H.R. 3438.\nCompanion bills in the Senate were S. 506, S. 1299, and S. 1596.\nHearings were held in the House and the Senate in July. Adminis-\ntrative witnesses testified at both hearings. H.R. 5952 would make\nfive amendments to the Water Resources Planning Act (P.L. 89-80;\n79 Stat. 244; at 42 U.S.C. 1962 et seq.).\nPart (a) would revise the composition of the Water Resources Council\nby amending section 101 of the Act, 42 U.S.C. 1962(a) to delete the\nSecretary of Health, Education, and Welfare and to add the Secretaries\nof Transportation, Commerce, and Housing and Urban Development, and\nthe Administrator of the Environmental Protection Agency.\nThis portion of the bill was originally the entire H.R. 5952 as\nfirst introduced and was based on an Administration proposal. It\nhas been supported by the Department and the Water Resources Council.\nParts (b) and (c) of the bill would raise the level of compensation\nfor consultants to the rate offered by the other Federal agencies,\nby deleting the $100 maximum and substituting a rate not exceeding\nthat for Grade GS-18 under section 5332 of title 5. These two\nsections were previously contained in H.R. 3438 and were proposed by\nthe Administration. They are considered necessary and desirable by the\nDepartment and the Water Resources Council.\nPart (d) of the bill would extend for an additional two years the\ngrants-to-States program providing for Federal assistance in\ndeveloping water resource planning capability on the State level.\nThe original authorization, found at section 301(a) of the Act, 42\nU.S.C. 1962 C (a), extended for ten years and authorized\nexpenditures of $5,000,000 per year for grants to the States.\nREVOLUTION\nAMERICAN\nBICENTENNIAL\n1776-1976\nThis authorization will expire with F.Y. 1976 and this bill would\nextend it through F.Y. 1977 and F.Y. 1978. As contained in H.R.\n4724 the proposed extension was originally of indefinite duration.\nAs reported earlier to the Congress in the testimony of the Water\nResources Council, the Administration opposed the continuation of\nthe grants-to-States program on the ground that it had substantially\nachieved its goal of developing State capacity.\nPart (e) of the bill would extend for another two years the\nauthorization for funds for preparation of assessments and plans by\nthe Council. This authorization was originally contained in H.R.\n3438 and was proposed by the Administration. It was to be of\nindefinite duration in H.R. 3438, but was subsequently limited to\ntwo years by the Congress with a total authorization not to exceed\n$10,000,000 for the two years.\nThis provision is vital to the continuation of Water Resources Council\nprograms including the National Assessment and regional and river\nbasin programs which are currently underway. Completion of these\nprograms would be substantially delayed, if not prevented, by allowing\nthe authorization to lapse. This provision has had strong support of\nthe Council and the Department.\nThe bill, in summary, contains four provisions proposed by the\nAdministration and supported by the Department and the Water Resources\nCouncil, and one provision which is opposed by the Administration.\nThe latter provision, for extension of the grant-to-States program,\nis less objectionable than the original proposal in that the current\nbill authorizes an extension of the State program for only two years,\nwhile an extension of unlimited duration had been originally proposed.\nThe States and the Congress were decisively in favor of continuing the\nTitle III program. The Administration still has the opportunity in the\nbudgetary process to give effect to its opposition to the continuation\nof the program if it so chooses.\nThe other four provisions are clearly desirable, particularly the\nrevision of the Council membership, and the continuation of appropriation\nauthority for planning for two more years, which is essential to the\nsatisfactory completion of national water assessments and river basin\nplans now in progress.\n2\nOverall the merits of the bill clearly outweigh its one objectional\nfeature. Therefore the Department favors signing the bill.\nSincerely yours,\nAssistant Jack Secretary Herton\nHonorable James T. Lynn\nDirector, Office of\nManagement and Budget\nWashington, D.C.\nLIBRARY\n3\nwrc\nUNITED STATES WATER RESOURCES COUNCIL\nSUITE 800\n2120 L STREET, N.W. WASHINGTON, D.C. 20037\nOCT 10 1975\nMr. James M. Frey\nAssistant Director for Legislative\nReference\nOffice of Management and Budget\nWashington, D.C. 20503\nDear Mr. Frey:\nThis is in response to your request for a report on H.R. 5952, an\nenrolled bill to amend the Water Resources Planning Act (79 Stat. 244),\nas amended.\nThe bill provides the following:\n1. Section (a) amends Council membership as proposed by the\nAdministration (H.R. 5952, S. 1299).\n2. Sections (b) and (c) increase the compensation rates for experts\nand consultants as proposed by the Administration (H. R. 3438, S. 1596).\n3. Section (d) extends authorization for financial assistance to\nStates for water resource planning for fiscal years 1977 and 1978.\nAlthough the Council proposed an extension of the planning grant program,\nthe Administration did not request continuance.\n4. Section (e) provides a total authorization of $10 million for fiscal\nyears 1976 and 1977 for the preparation of assessments and regional or\nriver basin plans. The Administration proposed authorization without\nlimitation (H.R. 3438, S. 1596). However, the above authorization is\nadequate to cover the appropriations for F.Y. 1976 contained in the\nPresident's budget as well as the Council's proposed authorizations for\nF.Y. 1977.\nMEMBERS: SECRETARIES OF INTERIOR; AGRICULTURE; ARMY; HEALTH, EDUCATION AND WELFARE; TRANSPORTATION;\nCHAIRMAN, FEDERAL POWER COMMISSION - ASSOCIATE MEMBERS: SECRETARIES OF COMMERCE; HOUSING AND URBAN\nDEVELOPMENT; ADMINISTRATOR, ENVIRONMENTAL PROTECTION AGENCY - OBSERVERS: DIRECTOR, OFFICE OF MANAGEMENT\n1776-1976 AMERICAN REVOLUTION\nAND BUDGET; ATTORNEY GENERAL; CHAIRMEN - COUNCIL ON ENVIRONMENTAL QUALITY, RIVER BASIN COMMISSIONS\n2\nSection (e) is vital to Council operations since without authorization\nlegislation for comprehensive planning and the National Assessment\nthe Senate will be unable to provide the appropriations for F.Y. 1976\n($3, 868, 000) requested by the President and now pending in the Public\nWorks Appropriations bill. The House Appropriations Committee\ndeferred without prejudice any action on the President's requested\nappropriations since the House Interior and Insular Affairs Committee\nhad not acted on the Administration's authorization legislation\n(H. R. 3438). The Council has given its top priority to the National\nAssessment program.\nAs Director of the U.S. Water Resources Council, I strongly support\nH.R. 5952.\nSincerely,\nHarren\nWarren D. Fairchild\nDirector\nUNIVERSITY SERVICES AGRICULTURE\nDEPARTMENT OF AGRICULTURE\nOFFICE OF THE SECRETARY\nWASHINGTON, D. C. 20250\nOCT 10 1975\nHonorable James T. Lynn\nDirector, Office of Management\nand Budget\nDear Mr. Lynn:\nThis responds to your request of October 8, 1975, for a report on Enrolled\nBill H. R. 5952, entitled \"An Act, To amend the Water Resources Planning\nAct (79 Stat. 244), as amended.\"\nThis Department recommends Presidential approval of this bill.\nH. R. 5952 would (1) change and enlarge the membership of the Water Resources\nCouncil; (2) permit an increase in compensation rates for experts and con-\nsultants; (3) authorize extension of Title III financial assistance to States\nthrough Fiscal Years 1977 and 1978; and (4) authorize appropriation of\n$10 million for use in Fiscal Years 1976 and 1977 for preparation of assessment\nand plans.\nThe Administration's proposed legislation is the same as items numbered (1)\nand (2); however, : the Administration proposed no limit in item (4). While\nsome of the originally envisioned objectives of Title III financial assistance\nto States--item (3) above--have been obtained, others remain to be accomplished.\nLegislation enacted since enactment of the Water Resources Planning Act has\ndelayed accomplishment of these objectives.\nApproval of this legislation would permit the continuation of the National\nWater Assessment and the preparation of regional and river basin plans now\nunder way and partially completed. At the present time, there are six river\nbasin investigations under way involving sixteen States. Unless this work\nis completed, full benefits of previous expenditures will not be realized.\nSincerely,\nEarl / Butz\nEarl L. Butz\nSecretary of Agriculture\nDEPARTMENT OF COMMERCE\nGENERAL COUNSEL OF THE\nOCT 1 4 1975\nDEPARTMENT OF COMMERCE\nUNITED STATES OF AMERICA\nWashington, D.C. 20230\nHonorable James T. Lynn\nDirector, Office of Management\nand Budget\nWashington, D. C. 20503\nAttention: Assistant Director for Legislative Reference\nDear Mr. Lynn:\nThis is in reply to your request for the views of this Department\nconcerning H.R. 5952, an enrolled enactment\n\"To amend the Water Resources Planning Act\n(79 Stat. 244), as amended. 11\nH.R. 5952 amends the Water Resources Planning Act (42 U.S. C.\n1962, et seq.) in the following respects:\n1) Removes the Secretary of Health, Education, and Welfare as a\nmember of the Water Resources Council and adds as members the\nSecretaries of Commerce, Housing and Urban Development, and\nTransportation; and the Administrator of EPA. Legislation for\nthis purpose was included in the Department's Legislative Program\nfor the 1st Session, 94th Congress.\n2) Authorizes the Council and each river basin commission to employ\nexperts and consultants at the prevailing salary for GS-18 instead of\nthe present flat rate of $100 per day.\n3) Extends the authorization in section 301(a) for State planning grants\nthrough fiscal year 1978 at the present level of $5,000,000 per year.\n4) Extends authorization in section 401 (c) for the preparation of assess-\nments and for directing and coordinating the preparation of regional or\nriver basin plans in the total amount of $10, 000, 000 for fiscal years\n1976 and 1977.\nThis Department recommends approval by the President of H.R. 5952.\nEnactment of this legislation is not expected to involve any increase\nin the budgetary requirements of this Department.\nSincerely,\nKarl E. Bakke\nREVOLUTION\nGeneral Counsel\nAMERICAN\nBICENTENNIAL\n1776-1976\nOF\nDEPARTMENT\nRESPORTATION\nOFFICE OF THE SECRETARY OF TRANSPORTATION\nWASHINGTON, D.C. 20590\nUNITED STATES OF AMERICA\nOCT 10 1975\nGENERAL COUNSEL\nHonorable James T. Lynn\nDirector, Office of Management\nand Budget\nWashington, D. C. 20503\nDear Mr. Lynn:\nThis is in response to your request for the views of this\nDepartment on H. R. 5952, an enrolled bill\n\"To amend the Water Resources Planning Act\n(79 Stat. 244), as amended. 11\nAmendment (a) of the enrolled bill would remove the Secretary\nof Health, Education, and Welfare from the Water Resources\nCouncil and expand the present membership by adding thereto\nthe Secretary of Commerce, the Secretary of Housing and Urban\nDevelopment, the Secretary of Transportation, and the Adminis-\ntrator of the Environmental Protection Agency.\nAmendments (b) and (c) would adjust the per diem rates applicable\nto the Water Resources Council and to the River Basin Commis-\nsions established pursuant to section 201 of the Water Resources\nPlanning Act.\nAmendment (d) authorizes appropriations for the Council for fiscal\nyears 1977 and 1978 to assist in the development of comprehensive\nwater and related land resources plans. Amendment (e) authorizes\nappropriations for fiscal years 1976 and 1977 for the preparation\nof assessments, and for directing and coordinating the preparation\nof such regional or river basin plans as the Council determines are\nnecessary and desirable.\nThis Department strongly endorses the enrolled bill, particularly\ninsofar as it would make the Secretary of Transportation a full\nFURD\n2\nmember of the Water Resources Council instead of a member for\nnavigation purposes only. We consider the Secretary's full\nmembership on the Council quite significant at this time, in view\nof this Department's growing interest in water transportation\npolicy, much of which is related to the statutory responsibilities\nof the Water Resources Council.\nWe recommend that the President sign the enrolled bill.\nSincerely,\nJohn Hart Ely\nUNITED\nSTATE\nCIVIL SERVICE COMMINITY\nUNITED STATES CIVIL SERVICE COMMISSION\nWASHINGTON, D.C. 20415\nCHAIRMAN\nOctober 10, 1975\nHonorable James T. Lynn\nDirector\nOffice of Management and Budget\nAttention: Assistant Director for\nLegislative Reference\nDear Mr. Lynn:\nThis is in response to your request for the views and recommendations\nof the Civil Service Commission on H.R. 5952, an enrolled bill \"To\namend the Water Resources Planning Act (79 Stat. 244), as amended.\"\nOnly two provisions of enrolled bill H.R. 5952 relate to personnel\nmatters.\nSection (b) of the enrolled bill would increase the maximum pay rate the\nWater Resources Council may pay experts and consultants from $100 a day\nto the daily equivalent of the rate for GS-18. We believe this change\nwould be desirable.\nSection (c) of the enrolled bill would increase the maximum pay rate for\nemployees of the river basin commissions from $100 a day to the daily\nequivalent of the rate for GS-18. We have no objection to this provision.\nTherefore, from the standpoint of the personnel provisions of H.R. 5952,\nwe recommend that the President sign the enrolled bill into law.\nBy direction of the Commission:\nSincerely yours,\nRobutHamplan\nOF DETERSE NSE\nDEPARTMENT OF THE ARMY\nOFFICE OF THE SECRETARY OF THE ARMY\nWASHINGTON, D.C. 20310\nAMERICA\n14 OCT 1975\nSTATES\nof\nHonorable James T. Lynn\nDirector, Office of Management and Budget\nDear Mr. Lynn:\nThe Secretary of Defense has delegated responsibility to\nthe Department of the Army for reporting the views of the\nDepartment of Defense on enrolled enactment H. R. 5952,\n94th Congress, \"To amend the Water Resources Planning\nAct to revise the membership of the Water Resources\nCouncil.\"\nThe Department of the Army on behalf of the Department of\nDefense has no objection to the approval of the enrolled\nenactment.\nThe Water Resources Planning Act (Public Law 89-80)\nestablishes a cabinet level U.S. Water Resources Council\ncomprised of Department and Agency heads having substantial\nwater resource development programs. The council is\nresponsible for assessing national and regional water\nsupplies; coordinating the various Federal, State, Regional\nand River Basin water programs; administering a program of\nmatching grants to assist States in improving their water\nresource planning capability; and administering a Federal\nprogram to River Basin Commissions (also authorized by the\nAct) to pay the Federal share of the cost of operating the\nCommissions.\nFor these purposes the Act, as previously amended, authorizes\nappropriations of $5,000,000 annually through fiscal year\n1976 for State planning grants; $6,000,000 annually for the\nFederal share of the cost of operating the River Basin\nCommissions; and $1,500,000 annually for administering the\nWater Resources Council. There has been a supplemental\nauthorization of $3,500,000 to be used by the Council for\npreparation of assessments and for coordination of River\nBasin plans. The supplemental authorization expired in\nfiscal year 1975. The Council is currently operating under\na continuing resolution with regard to comprehensive planning\nand the National Assessment.\nThe purpose of the enrolled enactment is to further amend\nthe Act to adjust the membership of the Water Resources\nCouncil to more nearly conform to present responsibilities\nwithin the Executive Branch. This is accomplished by\nremoving the Secretary of Health, Education, and Welfare\nfrom membership, and by adding the Secretaries of Commerce,\nHousing and Urban Development, and Transportation; and the\nAdministrator of the Environmental Protection Agency. The\nenrolled enactment also amends the Act by authorizing\ncompensation of expert consultants to the Council and the\nRiver Basin Commissions at the prevailing salary for grade\nGS-18 instead of the flat rate of $100 per day presently\nset forth in the Act. This rate is commensurate with\nthat offered by other Federal agencies.\nMost significantly, the enrolled enactment affects appro-\npriations authority in two ways. It extends the authori-\nzation for State planning grants through fiscal year 1978\nat the level of $5,000,000 per year. Secondly, it extends\nthe authorization for national assessments and coordination\nof River Basin plans in the total amount of $10,000,000 for\nfiscal years 1976 and 1977.\nApproval of the enrolled enactment is necessary to enable\nthe Council to continue its comprehensive planning and\nassessment activities in a manner commensurate with national\npolicies and goals.\nThis report has been coordinated within the Department of\nDefense in accordance with proceduresprescribed by the\nSecretary of Defense.\nSincerely,\nMate R. P. Hoffmann\nSecretary of the Army\n2\nDEPARTMENT\nOF\n*\nHOUSING\n*\nAND\nTHE GENERAL COUNSEL OF HOUSING AND URBAN DEVELOPMENT\nURBAN\nWASHINGTON, D. C. 20410\nOctober 10, 1975\nMr. James M. Frey\nAssistant Director for\nLegislative Reference\nOffice of Management and Budget\nWashington, D. C. 20503\nAttention: Miss Martha Ramsey\nDear Mr. Frey:\nSubject: H. R. 5952, 94th Congress, Enrolled Enactment\nThis is in reply to your request for the views of this\nDepartment on the enrolled enactment of H. R. 5952, an\nAct \"To amend the Water Resources Planning Act (79 Stat.\n244), as amended.\"\nThis enrolled enactment would amend five provisions of\nthe Water Resources Planning Act of 1965, as amended.\nThat Act established a Cabinet level Water Resources\nCouncil in the Executive branch, authorized the President\nto establish river basin planning commissions and authorized\nfinancial assistance to the States for water resources\nplanning.\nSubsection (a) of the enrolled enactment would amend the\nAct by changing the statutory composition of the Water\nResources Council. The Secretary of the Department of\nHealth, Education and Welfare would no longer be a member\nof the Council, and the Secretaries of the Departments of\nHousing and Urban Development, Transportation, and Commerce\nand the Administrator of the Environmental Protection\nAgency would become members of the Council. HUD had\npreviously assumed associate status on the Council in 1967.\n2\nSubsection (b) of the enrolled enactment would alter the\npay scale prescribed by the Act for the compensation of\nconsultants to the Council. Subsection (c) of the enrolled\nenactment would alter the pay scale for personnel,\nconsultants, and professional service contracts for river\nbasin commissions.\nSubsection (d) of the enrolled enactment would authorize\nappropriations for the Council of $5 million for each of\nthe fiscal years 1977 and 1978. Subsection (e) of the\nenrolled enactment would authorize a maximum of $10 million\nto be appropriated to the Council for fiscal years 1976 and\n1977 for the preparation of assessments and plans.\nThe Department of Housing and Urban Development has no\nobjection to the approval of this enrolled enactment.\nSincerely,\nRobert R. Elliott\nUNITED\nSTATES.\nAGENCY\nUNITED STATES ENVIRONMENTAL PROTECTION AGENCY\nPROTECTION\nWASHINGTON, D.C. 20460\nOCT 10 1975\nOFFICE OF THE\nADMINISTRATOR\nDear Mr. Lynn:\nThis is in response to your request of October 8, 1975,\nfor the Environmental Protection Agency's views and comments\non H.R. 5952, an enrolled bill.\nThe bill would amend the Water Resources Planning Act\nof 1965, as amended to include as members of the Water Resources\nCouncil the Secretaries of Commerce, Housing and Urban Develop-\nment, and Transportation, and the Administrator of the Environ-\nmental Protection Agency. The Secretary of Health, Education\nand Welfare would no longer sit as a member of the Council.\nH.R. 5952 would also amend the rate of compensation for\nconsultants found in sections 105 (a) (5) and 205 (a) (4) of the Act.\nIt would extend the Title III comprehensive grant authorization\nfor State water resources planning for fiscal years 1976 and 1977.\nFinally, the bill raises and extends authorizations for\nthe preparation of assessments and the preparation of regional\nand river basin plans to a total of $10,000,000 for fiscal years\n1976 and 1977.\nIn our testimony for the Senate Committee on Interior and\nInsular Affairs on bills similar to H.R. 5952 we deferred to the\nChairman of the Water Resources Council on the extension of\nTitle III authorizations.\n2\nWe support the continuance of the activities of the Water\nResources Council as it relates to river basin planning and other\nwater resource and water quality efforts. To assure that the\nprincipal functions of the Water Resources Council are continued\nthe enactment of H.R. 5952 is necessary. We, therefore, have no\nobjection to H.R. 5952 and recommend it to the President for his\nsignature.\nSincerely American yours,\nRussell E. Train\nAdministrator\nHonorable James T. Lynn\nDirector\nOffice of Management and Budget\nWashington, D. C. 20503\nHEALTH.\nOF\nDELICATION.\nDEPARTMENT OF HEALTH, EDUCATION. AND WELFARE\nU.S.A.\nOCT 14 1975\nHonorable James T. Lynn\nDirector, Office of Management\nand Budget\nWashington, D. C. 20503\nDear Mr. Lynn:\nThis is in response to Mr. Frey's request of August 8,\n1975, for a report on H.R. 5952, an enrolled bill \"To\namend the Water Resources Planning Act (79 Stat. 244),\nas amended.\"\nSubsection (a) of the bill would remove the Secretary of\nHealth, Education, and Welfare from the Water Resources\nCouncil and substitute in his place the Secretary of\nCommerce, the Secretary of Housing and Urban Development,\nthe Secretary of Transportation, and the Administrator\nof the Environmental Protection Agency.\nUnder Reorganization Plan No. 3 of 1970, virtually all the\nwater resources functions of the Department of Health,\nEducation, and Welfare were transferred to the\nEnvironmental Protection Agency. Since that time the\nDepartment has been involved only peripherally in the\nactivities of the Water Resources Council. We therefore\nbelieve that the removal of the Secretary of Health,\nEducation, and Welfare from the Council is appropriate.\nWe note that section 101 of the Federal Resources Planning\nAct of 1965 authorizes the Chairman of the Council to\nrequest the heads of other Federal agencies to participate\nwith the Council when matters affecting their responsibilities\nare under consideration. This authority is sufficient to\ninsure that the Department of Health, Education, and Welfare\ncan be adequately represented when the Council is considering\nmatters within our areas of interest and responsibility.\nWe therefore have no objection to the enactment of the\nenrolled bill, but defer to the agencies more directly\naffected as to the desirability of the bill's enactment.\nSincerely,\nSecretary\nCalendar No. 400\n94TH CONGRESS\nSENATE\nREPORT\nNo. 94-408\n1st Session\nAMENDING THE WATER RESOURCES PLANNING ACT\nOF 1965\nOCTOBER 2 (legislative day, SEPTEMBER 11), 1975.-Ordered to be printed\nMr. JACKSON, from the Committee on Interior and Insular Affairs,\nsubmitted the following\nREPORT\n[To accompany S. 506]\nThe Committee on Interior and Insular Affairs, to which was re-\nferred the bill (S. 506) to amend the Water Resources Planning Act\nto extend the authority for financial assistance to the States for water\nresources planning, having considered the same, reports favorably\nthereon with amendments and recommends that the bill, as amended,\ndo pass.\nThe amendments are as follows:\n(1) Strike out all after the enacting clause and insert in lieu thereof\nthe following:\nThat the Water Resources Planning Act of 1965 (79 Stat. 244, as amended) is\nhereby further amended as follows:\n(a) By deleting in section 101 the words \"the Secretary of Health, Education,\nand Welfare,\" and inserting in lieu thereof \"the Secretary of Commerce, the\nSecretary of Housing and Urban Development, the Secretary of Transportation,\nthe Administrator of the Environmental Protection Agency,\".\n(b) By deleting in section 105(a) (5) the words \"to exceed $100 per diem for\nindividuals\" and inserting in lieu thereof \"in excess of the daily equivalent\nof the rate prescribed for grade GS-18 under section 5332 of title 5 of the United\nStates Code in the case of individual experts or consultants;\".\n(c) By deleting in section 205 (a) (4) the words \"to exceed $100 per diem\"\nand inserting in lieu thereof \"in excess of the daily equivalent of the rate\nprescribed for grade GS-18 under section 5332 of title 5, United States Code,\".\n(d) By deleting in section 301 (a) the words \"for the next fiscal year beginning\nafter the date of the enactment of this Act and for the nine succeeding fiscal\nyears thereafter\" and inserting in lieu thereof \"for fiscal years 1977 and 1978\".\n(c) By deleting immediately after the phrase \"(c) not to exceed\" in section\n401(c) the words \"$3,500,000 annually for fiscal years 1974 and 1975\" and insert-\ning in lieu thereof \"a total of $10,000,000 for fiscal years 1976 and 1977\".\n(2) Amend the title SO as to read:\nA bill to amend the Water Resources Planning Act (79 Stat. 244), as amended.\n57-010\n2\n3\nPURPOSE OF THE MEASURE\nUnder the title III program, State expenditures in fiscal year 1965\nThe purpose of this measure, as amended and reported by the Senate\nfor water and related land resources planning became the base above\nInterior Committee, is to amend the Water Resources Planning Act\nwhich Federal grants would provide up to 50 percent of State aug-\nto extend the authority for financial grants to States for water re-\nmented expenditures. The Planning Act authorized a 10-year title\nsources planning; to increase the rate of compensation for experts\nIII program which will terminate at the end of fiscal year 1976.\nand consultants to the Water Resources Council and River Basin Com-\nReview of the grant program indicates that State planning capa-\nmissions; to provide authorizations for appropriations for prepara-\nbility has been upgraded in many States. A number of States have\ntion of a national assessment and for regional and river basin plans;\npublished State water plans and have increased their capability to\nand, to revise the membership of the Water Resources Council.\ncontribute to interstate planning activities.\nThe administration opposes continuation of the grant program\nBACKGROUND AND NEED\n(refer to Executive Communications, supra). The bill, as reported,\nprovides for continuation of funding for fiscal years 1977 and 1978\nThe Water Resources-Planning Act of 1965 (Public Law 89-80)\nat the previously prescribed annual level of $5 million.\nestablished a Water Resources Council, provided for establishment of\n(e) Finally, the Water Resources Planning Act requires the Water\nriver basin commissions and authorized financial assistance to States\nResources Council to carry out a continuing study and prepare an\nfor comprehensive water and related land resources planning. The\nassessment biennially or at less frequent intervals, of the adequacy of\n1965 act was designed to encourage conservation, development and use\nsupplies of water necessary to meet water requirements. A report is\nof the Nation's water and related land resources on a comprehensive\nscheduled to be issued in calendar year 1977. The Council is also author-\nand coordinated basis.\nThe following discussion of background and need is limited spe-\nized to fund regional or river basin comprehensive plans.\ncifically to those separate but related provisions of the bill reported\nPublic Law 93-55 amended subsection (c) of section 401 of the\nPlanning Act to provide authorizations for fiscal years 1974 and 1975\nby the Interior Committee and does not describe the broader historical\nfor the preparation of the national assessment and for directing and\nbackground of the Water Resources Planning Act. The discussion is\ncoordinating the preparation of regional or river basin plans. Prior\nkeyed to lettered paragraphs in the reported bill.\n(a) Reorganization Plan No.13 of 1970 transferred virtually all\nto enactment of Public Law 93-55, the Water Resources Planning Act\nprovided that such sums would be authorized annually.\nwater resources and related land planning functions then existing in\nAs a result of the provisions of Public Law 93-55, there are no\nthe Department of Health, Education, and Welfare to the Environ-\nauthorizations for fiscal year 1976 and thereafter to support the con-\nmental Protection Agency. As a result, the Secretary of HEW is no\ntinuing national assessment for water and the regional and river basin\nlonger actively involved in water-related programs. In addition, the\nplanning program being conducted by the Council. Without fiscal year\nDepartments of Housing and Urban Development, Commerce, Trans-\nportation, and the Environmental Protection Agency, each have juris-\n1976 funding, both the assessment and the regional comprehensive\nstudies would be prematurely terminated. The administration has re-\ndiction over programs affecting water and related land planning but,\nquested $3.9 million in fiscal year 1976 appropriations for the above-\nat present, except for the Department of Transportation, are only\nassociate members. As associate members, the privileges and responsi-\nmentioned programs but, without authorization for appropriations,\nauthority does not exist to provide the requested funds.\nbilities of statutory membership are not available and associate mem-\nThe administration favors authorizations to the Water Resources\nbers cannot vote because their function is merely advisory.\nCouncil without fiscal year limitation and of such sums as necessary\n(b), (c) Under provisions of the Water Resources Planning Act,\nto carry out the provisions of the Planning Act. The provisions re-\nconsultants may be employed by river basin commissions or the Water\nported from the Interior Committee provide for a continuation of\nResources Council at a rate not to exceed $100 per diem. Other Federal\nfunding for fiscal years 1976 and 1977 at a total authorization for both\nagencies provide for a rate of compensation for consultants commensu-\nyears of $10 million.\nrate with the daily equivalent of the rate prescribed for grade GS-18\nLEGISLATIVE HISTORY\nunder section 5332 of title 5, United States Code; the equivalent daily\nallowance would equal $139.48.\nAs introduced, S. 506 was identical to S. 1720, introduced during\n(d) Title III of the Water Resources Planning Act provide grants\nthe 93d Congress. S. 1720 received no action in the Senate Interior\nto States which are administered by the Water Resources Council. The\nCommittee.\nobjective of the program is to increase the capabilities of States for\nLike S. 1720, the original provisions of S. 506 would have extended,\nwater resources planning. When the program was initiated, it was\nwithout fiscal year limitation, the title III program for financial assist-\nfound that 12 States were not engaged in any form of water resources\nance to the States for water resources planning.\nplanning and that 5 were spending less than $6,000 per year. As of\nS. 506 was introduced on January 30, 1975, by Senator Church. The\nfiscal year 1975, all States, Puerto Rico, Virgin Islands, and the Dis-\nmeasure was cosponsored by Senators Church, McGee, Metcalf,\ntrict of Columbia, were participating in the title III program.\nInouye, and Burdick. A hearing was conducted on S. 506, S. 1299, and\nS.R. 408\nS. 1596 on July 10, 1975. The Interior Committee held a markup ses-\nsion on September 10, 1975, on S. 506, as amended.\nS.R. 408\n4\n5\nIncorporated into the provisions of S. 506, as amended and reported,\ntended to provide seed money for building up State water resources\nare provisions of S. 1299 (introduced by Senator Jackson and Senator\nstaffs SO that States could participate in water planning. In 1975,\nFannin, by request of the administration on March 21, 1975) and pro-\n$15 million in State moneys went unmatched by Federal funds because\nvisions of S. 1596 (introduced by Senator Jackson and Senator Fan-\nmost States provided funding for water resources staffs in excess of\nnin, by request of the administration on April 20, 1975). Both bills\navailable Federal grants. As a result, the title III program is said\n(S. 1299 and S. 1596) are pending before the Senate Interior Com-\nto have achieved a major goal for which it was created.\nFrom testimony provided at the July 10 hearing, and communica-\nmittee. H.R. 5952, whose provisions are identical to S. 506 as reported, has\ntions received by the Subcommittee on Energy Research and Water\nbeen reported out of the House of Representatives Interior Com-\nResources, the title III program has been recommended for extension.\nmittee and is pending before the House.\nAccording to information received, judged by 1965 standards, State\ncapabilities have been improved as a result of the title III program.\nCOMMITTEE RECOMMENDATION\nIn terms of current demands, however, the degrees of planning self-\nThe Senate Committee on Interior and Insular Affairs, in open\nsufficiency envisioned for the States by the Planning Act is argued\nnot to have been achieved. In addition, new responsibilities placed\nbusiness session on September 10, 1975, by unanimous vote of a quorum\nupon the States as a part of new Federal legislation enacted since\npresent recommends that the Senate adopt S. 506 as amended as de-\npassage of the Planning Act have lessened State capabilities in a\nscribed herein.\nrelative sense. Finally, of the $45 million authorized over the first 9\nCOMMITTEE AMENDMENTS\nyears of the title III program, only $26.95 million has been appropri-\nThe committee amended the bill by substituting a new text for S. 506\nated, and, in terms of the objectives set forth in the Planning Act, testi-\nas introduced. The substitute text is set forth at the beginning of this\nmony received indicated that limitations on appropriations have lim-\nreport. The folowing explanations are numbered according to the\nited the program.\n(e) As originally introduced in S. 1596, paragraph 3, the adminis-\nparagraphs of the substitute text:\n(a) The administration recommended passage of the provision of\ntration requested authorizations without fiscal year limitation of such\nthis paragraph which is contained in S. 1299 and incorporated into\nsums as necessary to carry out the provisions of the Water Resources\nthe substituted text of S. 506. This provision will change the member-\nPlanning Act. Public Law 93-55 amended the Water Resources Plan-\nship of the Water Resources Council by removing from the Council\nning Act to provide authorizations for preparation of the national\nof Members the Secretary of Health, Education, and Welfare and\nassessment and regional comprehensive river basin plans for fiscal\nadding the Secretaries of Commerce, Transportation, Housing and\nyears 1974 and 1975. Prior to Public Law 93-55, the Planning Act\nUrban Development, and the Administrator of the Environmental\nprovided for such sums as would be authorized annually. Consequently,\nit has been the policy of the Interior Committee to authorize funds\nProtection Agency. (The Department of Transportation Act of 1966\nannually or biannually, rather than without fiscal year limitation. As\n(Public Law 89-670, sec. 7) provides that the Secretary of Transpor-\ntation shall be a member of the U.S. Water Resources Council. The\nprovided in paragraph (e) of the substituted text, authorizations are\namendment to the Water Resources Planning Act to include the Sec-\nprovided for fiscal years 1976 and 1977. In a hearing before the House\nof Representatives Subcommittee on Water and Power Resources, the\nretary of Transportation on the Council is desirable for completeness).\nDirector of the Water Resources Council testified that $10 million for\n(b) and (c) The administration recommends passage of provisions\nfiscal years 1976 and 1977 would be adequate to complete the national\nof these paragraphs which are contained in S. 1596 as paragraphs\nassessment and continue the comprehensive river basin plans.\n(1) and (2). These provisions will provide for a rate of compensation\nfor consultants commensurate with that offered by other Federal\nCOST AND BUDGETARY CONSIDERATIONS\nagencies.\n(d) This provision would extend the provisions of title III of the\nIn accordance with section 252 (a) of the Legislative Reorganization\nWater Resources Planning Act for fiscal years 1977 and 1978. As\nAct of 1970, the committee provides the following estimates of cost\noriginally introduced, S. 506 called for extension of the title III pro-\n1. Administrative costs.-Enactment of S. 506 will not require any\ngram without fiscal year limitation. The Subcommittee on Energy Re-\nsignificant administrative action not already provided for at existing\nsearch and Water Resources will conduct additional public hearings\nbudgetary levels since the bill requires continued implementation of\non the Water Resources Planning Act of 1964. The purpose will be to\nthe title III grants program and the national assessment and compre-\nexamine the success of the act in meeting its objectives and possibly\nhensive river basin plans.\nrecommending amendments to the act. As a result of this prospective\n2. Impact on Federal revenues.-If enacted, S. 506 requires $5 mil-\ninquiry, the title III grant authority has been limited to two addi-\nlion annually for fiscal years 1977 and 1978 for carrying out provisions\ntional fiscal years during which time the Act will be examined.\nof title III as amended and also requires in fiscal years 1977 and 1978\nThe administration does not favor extension of the title III pro-\na total of $10 million to continue planning functions called for in the\ngram. According to the administration, the title III grants were in-\nact.\nS.R. 408\nS.R. 408\n6\n7\nEXECUTIVE COMMUNICATIONS\nand places, take such testimony, receive such evidence, and print or\notherwise reproduce and distribute SO much of its proceedings and\nThe legislative report received by the committee from the Office of\nreports thereon as it may deem advisable; (2) acquire, furnish, and\nManagement and Budget setting forth Executive agency recommen-\nequip such office space as is necessary; (3) use the United States mails\ndations relating to S. 506 is set forth below:\nin the same mannér and upon the same conditions as other departments\nEXECUTIVE OFFICE OF THE PRESIDENT,\nand agencies of the United States; (4) employ and fix the compensa-\nOFFICE OF MANAGEMENT AND BUDGET,\ntion of such personnel as it deems advisable, in accordance with the\ncivil service laws and Classification Act of 1949, as amended; (5) pro-\nWashington, D.C., July 11, 1975.\nHon. HENRY M. JACKSON,\ncure services as authorized by section 15 of the Act of August 2, 1946\nChairman, Committee on Interior and Insular Affairs, U.S. Senate,\n(5 U.S.C. 55a), at rates not [to exceed $100 per diem] in excess of\nWashington, D.C.\ndaily equivalent of the rate prescribed for grade GS-18 under section\n5332 of title 5, United States Code, for individuals; (6) purchase, hire,\nDEAR MR. CHAIRMAN: This is in reply to your request of June 24,\noperate, and maintain passenger motor vehicles; and (7) incur such\n1975, for the views of the Office of Management and Budget on S. 506,\nnecessary expenses and exercise such other powers as are consistent\na bill to amend the Water Resources Planning Act to extend the\nwith and reasonably required to perform its functions under this Act.\nauthority for financial assistance to the States for water resources\n3. Paragraph (c) of S. 506 would amend section 205 (a) (4) of the\nplanning.\nWater Resources Planning Act (79 Stat. 249), as amended, as follows:\nThe Water Resources Council, in its report to your Committee, rec-\nommended against enactment of S. 506 on the basis that Title III of\nSEC. 205. (a) For the purpose of carrying out the provisions of this\nthe Water Resources Act, which the bill seeks to extend indefinitely,\ntitle, each river basin commission may-\nhas essentially achieved its major goal of increasing State participa-\n(1) hold such hearings, sit and act at such times and places, take\nsuch testimony, receive such evidence, and print or otherwise\ntion in water resources planning.\nThe Office of Management and Budget agrees with the views of the\nreproduce and distribute SO much of its proceedings and reports\nCouncil and, accordingly, would also be opposed to the enactment\nthereof as it may deem advisable;\nof S. 506.\n(2) acquire, furnish, and equip such office space as is necessary\nSincerely,\n(3) use the United States mails in the same manner and upon\nJAMES M. FREY,\nthe same conditions as departments and agencies of the United\nAssistant Director for Legislative Reference.\nStates;\n(4) employ and compensate such personnel as it deems advis-\nCHANGES IN EXISTING LAW\nable, including consultants, at rates not [to exceed $100 per diem,]\nin excess of daily equivalent of the rate prescribed for grade GS-\nIn compliance with subsection 4 of rule XXIX of the standing rules\n18 under section 5332 of title 5, United States Code, and retain\nof the Senate, changes in existing law made by the bill S. 506, as\nand compensate such professional or technical service firms as it\nordered reported, are shown as follows (existing law proposed to be\ndeems advisable on a contract basis:\nomitted is enclosed in black brackets, new matter is printed in italic,\n4. Paragraph (d) of S. 506 would amend section 301 (a) of the\nexisting law in which no change is proposed is shown in roman)\nWater Resources Planning Act (79 Stat. 251), as amended, as follows:\n1. Paragraph (a) of S. 506 would amend section 101 of the Water\nSEC. 301. (a) In recognition of the need for increased participation\nResources Planning Act (79 Stat. 244), as amended, as follows:\nby the States in water and related land resources planning to be effec-\nSEC. 101. There is hereby established a Water Resources Council\ntive, there are hereby authorized to be appropriated to the Council for\n(hereinafter referred to as the \"Council\") which shall be composed of\nthe next fiscal year beginning after the date of enactment of this Act,\nthe Secretary of the Interior, the Secretary of Agriculture, the Sec-\nand for the nine succeeding fiscal years thereafter], for fiscal years\nretary of the Army, [the Secretary of Health, Education, and Wel-\n1977 and 1978 $5,000,000 in each such year for grants to States to assist\nfare, the Secretary of Commerce, the Secretary of Housing and\nthem in developing and participating in the development of compre-\nUrban Development, the Secretary of Transportation, the Administra-\nhensive water and related land resources plans.\ntor of the Environmental Protection Agency, and the Chairman of the\n5. Paragraph (e) of S. 506 would amend section 401 (c) of the\nFederal Power Commission. The Chairman of the Council shall re-\nWater Resources Planning Act (79 Stat. 253), as amended (42 U.S.C.\nquest the heads of other Federal agencies to participate with the\n1962, 1962d (c)), as follows:\nCouncil when matters affecting their responsibilities are considered\n(c) not to exceed $3,500,000 annually for fiscal years 1974 and\nby the Council. The Chairman of the Council shall be designated by the\n1975] a total of $10,000,000 for fiscal years 1976 and 1977 for prepara-\nPresident.\ntion of assessments, and for directing and coordinating the preparation\n2. Paragraph (b) of S. 506 would amend section 105 (5) of the\nof such regional or river basin plans as the Council determines are\nWater Resources Planning Act (79 Stat. 246), as amended, as follows:\nnecessary and desirable in carrying out the policy of this chapter:\nSEC. 105. (a) For the purpose of carrying out the provisions of this\nProvided, That not more than $2,500,000 shall be available under this\nAct, the Council may: (1) hold such hearings, sit and act at such times\nS.R. 408\nS.R. 408\n8\nsubsection for the preparation of assessments: Provided further, That\nthe Council may transfer funds authorized by this subsection to river\nbasin commissions and to Federal and State agencies upon such terms\nand conditions as it determines are necessary and desirable to carry\nout the above functions in an economical, efficient, and timely manner,\nand that such commissions and agencies are hereby authorized to re-\nceive and expend such funds pursuant to this subsection.\nS.R. 408\n94TH CONGRESS\nHOUSE OF REPRESENTATIVES\nREPORT\n1st Session\nNo. 94-504\nAMENDING THE WATER RESOURCES PLANNING ACT\nTO REVISE THE MEMBERSHIP OF THE WATER RE-\nSOURCES COUNCIL\nSEPTEMBER 24, 1975.-Committed to the Committee of the Whole House on the\nState of the Union and ordered to be printed\nMr. HALEY, from the Committee on Interior and Insular Affairs,\nsubmitted the following\nREPORT\n[To accompnay H.R. 5952]\nThe Committee on Interior and Insular Affairs, to whom was re-\nferred the bill (H.R. 5952) to amend the Water Resources Planning\nAct to revise the membership of the Water Resources Council, having\nconsidered the same, report favorably thereon with amendments and\nrecommend that the bill as amended do pass.\nThe amendments are as follows:\nPage 1, beginning on line 3, strike out all after the enacting clause\nand insert in lieu thereof the following:\nThat the Water Resources Planning Act of 1965 (79 Stat. 244, as amended) is\nhereby further amended as follows:\n(a) By deleting in section 101 the words \"the Secretary of Health, Education,\nand Welfare,\" and inserting in lieu thereof \"the Secretary of Commerce, the\nSecretary of Housing and Urban Development, the Secretary of Transporta-\ntion, the Administrator of the Environmental Protection Agency,\".\n(b) By deleting in section 105(a) (5) the words \"to exceed $100 per diem\nfor individuals\" and inserting in lieu thereof \"in excess of the daily equiva-\nlent of the rate prescribed for grade GS-18 under section 5332 of title 5 of the\nUnited States Code in the case of individual experts or consultants,\".\n(c) By deleting in section 205 (a) (4) the words \"to exceed $100 per diem\"\nand inserting in lieu thereof \"in excess of the daily equivalent of the rate\nprescribed for grade GS-18 under section 5332 of title 5, United States Code,\".\n(d) By deleting in section 301 (a) the words \"for the next fiscal year begin-\nning after the date of the enactment of this Act, and for the nine succeeding\nfiscal years thereafter\" and inserting in lieu thereof \"for fiscal years 1977\nand 1978\".\n(e) By deleting immediately after the phrase \"(c) not to exceed\" in section\n401 (c) the words \"$3,500,000 annually for fiscal years 1974 and 1975\" and\ninserting in lieu thereof \"a total of $10,000,000 for fiscal years 1976 and 1977\".\nAmend the title SO as to read:\nTo amend the Water Resources Planning Act (79 Stat. 244), as amended.\n57-006\n2\n3\nPURPOSE\nGenerally, this contemplates a continuation of the existing level of\nfunding for this program with a modest increase in the authorization\nThe purpose of H.R. 5952, introduced by Mr. Johnson of Califor-\nof appropriations for the Water Resources Council.\nnia (for himself and Mr. Skubitz and Mr. Lujan), is to amend the\nWater Resources Planning Act as described hereafter. Related legis-\nINFLATIONARY IMPACT\nlation considered by the Committee in connection with this legislation\nThe Committee on Interior and Insular Affairs does not regard\nincluded H.R. 3438 introduced by Mr. Johnson of California (for him-\nH.R. 5952 as being an inflationary factor since it merely provides for\nself and Mr. Skubitz) and H.R. 4724 introduced by Mr. Thone.\nthe continuation of programs at essentially the same level that they\nBACKGROUND\nhave been conducted in recent years.\nThe Water Resources Planning Act (Public Law 89-80) establishes\nCOMMITTEE RECOMMENDATION\na cabinet level U.S. Water Resources Council comprised of Depart-\nThe Committee on Interior and Insular Affairs, on the basis of a\nment and Agency heads having substantial water resource develop-\nunanimous voice vote, recommends that H.R. 5952 as amended be\nment programs. The council is responsible for\nenacted.\n(1) Assessing national and regional water supplies,\nEXECUTIVE COMMUNICATIONS\n(2) Coordinating the various Federal, State, Regional and\nExecutive Communications from the U.S. Water Resources Council\nRiver Basin water programs,\ndated February 11th and March 6, 1975, and a report on a related\n(3) Administering a program of matching grants to assist\nmatter from the U.S. Water Resources Council on a related bill under\nStates in improving their water resource planning capability, and\ndate of July 23, 1975, are set forth in full below.\n(4) Administering a Federal grant program to River Basin\nCommissions (also authorized to be established by the Act) to\nU.S. WATER RESOURCES COUNCIL,\npay the Federal share of the cost of operating the Commissions.\nVashington, D.C., February 11, 1975.\nFor these purposes the Act, as previously amended, authorizes ap-\nHon. CARL ALBERT,\npropriations of $5,000,000 annually through fiscal year 1976 for plan-\nSpeaker of the House of Representatives,\nning grants; $6,000,000 annually for the Federal share of the cost of\nWashington, D.C.\noperating the River Basin Commissions; and $1,500,000 annually for\nDEAR MR. SPEAKER: Enclosed is a bill to amend Water Resources\nadministering the Water Resources Council. In recent years there has\nPlanning Act of 1965 (Public Law 89-80), to increase the rate of\nbeen a supplemental authorization in the amount of $3,500,000 to be\ncompensation for experts and consultants and to provide continuing\nused by the Council for preparation of assessments and for coordina-\nauthorization for appropriations without limitation.\ntion of River Basin plans. The supplemental authorization expired in\nThe current provisions of the Water Resources Planning Act allow\nFiscal Year 1975.\nthe Council and each river basin commission to employ experts and\nThe pending bill affects appropriations authority in two ways:\nconsultants at rates not to exceed $100 per diem. The bill would raise\nthis amount by providing a rate of compensation not in excess of the\n(1) It extends the authorization for State planning grants\ndaily equivalent of the highest rate of basic pay under Section 5332 of\nthrough fiscal year 1978 at the level of $5,000,000 per year, and\nTitle 5 of the United States Code (GS-18-approximately $138.00 per\n(2) It extends the authorization for national assessments and\nday). The proposed rate is commensurate with that offered by other\ncoordination of River Basin plans in the total amount of $10,000,-\nFederal agencies.\n000 for Fiscal Years 1976 and 1977.\nThe current Act does not contain authorization for preparation of\nH.R. 5952 also amends the Water Resources Planning Act to adjust\nregional or river basin plans for FY 1976 and the current ceiling of\nthe membership to more nearly conform to present responsibilities\nauthorization for administration and coordination for Council activi-\nwithin the Executive Branch. This is accomplished by dropping the\nties has been reached in the FY 1976 budget. The bill would authorize\nSecretary of Health, Education, and Welfare from full voting member-\nto be appropriated to the Council without fiscal year limitation such\nship, and by adding the Secretaries of Commerce, Housing and Urban\nsums as necessary to carry out the provisions of this Act. The proposal\nDevelopment, and Transportation; and the Administrator of the En-\nfor no specific program ceilings is to provide for executive flexibility in\nvironmental Protection Agency.\nestablishing program levels through the budget and appropriation\nThe legislation also amends the Water Resources Planning Act to\nprocess.\nauthorize compensation of expert consultants to the Council and the\nThe Office of Management and Budget advises that enactment of\nRiver Basin Commissions at the prevailing salary for GS-18 instead\nthis legislation is consistent with the President's programs and\nof the flat rate of $100 per day presently set forth in the Act.\nobjectives.\nSincerely,\nCOSTS\nJACK O. HORTON,\nThe maximum cost of H.R. 5952 is estimated by the Committee as\n(For Rogers C. B. Morton, Chairman).\nEnclosure.\n$20,000,000; this being the amount authorized to be appropriated.\nH.R. 504\nH.R. 504\n4\n5\nA BILL To amend the Water Resources Planning Act to increase the\nSecretaries and the Administrator have indicated that they would\nrate of compensation for experts and consultants and to provide\nfavor full membership and participation in the Council. At present,\ncontinuing authorization for appropriations without limitation\nthe Secretary of Commerce, the Secretary of Housing and Urban\nBe it enacted by the Senate and House of Representatives\nDevelopment and the Administrator of the Environmental Protection\nof the United States of America in Congress assembled,\nAgency are non-statutory \"associate\" members of the Council. This\nthat the Water Resources Planning Act (79 Stat. 244, 42 USC\nstatus does not give them the privileges and responsibilities of statu-\n1962 et seq.), is hereby amended as follows:\ntory membership; the Secretaries cannot vote and their roles are\n1. By deleting in section 105 (a) (5) (42 USC 1962a-\nessentially advisory.\n4(5)) the words \"to exceed $100 per diem for indi-\nThe Department of Commerce has responsibility for providing ex-\nviduals\" and inserting in lieu thereof \"in excess of the\ntensive basic economic data and projections (OBERS) in cooperation\ndaily equivalent of the rate prescribed for grade GS-18\nwith the Department of Agriculture, for certain marine resources\nunder section 5332 of title 5 of the United States Code in\naffairs, for fostering industrial expansion and economic development\nthe case of individual experts or consultants;\"\nwhich requires substantial use of water and related land resources, for\n2. By deleting in section (a) (4) (42 USC 1962b-4\nproviding the national networks of geodetic control surveys, and for\n(4)) the words \"to exceed $100 per diem\" and inserting in\nriver flow forecasting and flood warning.\nlieu thereof \"in excess of the daily equivalent of the rate\nThe Department of Housing and Urban Development has con-\nprescribed for grade GS-18 under section 5332 of title\ntributed much to the Council by providing a link between planning\n5 of the United States Code,\".\nfor river basins and planning for the concentrated urban population\n3. By deleting the present section 401 (42 USC 1962d)\ncenters. The National Flood Insurance Program, established by the\nand substituting therefor the following:\nHousing and Urban Development Act of 1968, as amended, will re-\n\"Sec. 401. There are authorized to be appropriated\nquire extensive coordination with all flood damage prevention pro-\nwithout fiscal year limitation such sums as necessary to\ngrams for which the other Council members have major responsi-\ncarry out the provisions of this Act. The Council may\nbilities.\ntransfer funds authorized by this section to river basin\nThe Environmental Protection Agency has major responsibilities\ncommissions and to Federal and State agencies upon such\nwith respect to water quality and other aspects of water resources use.\nterms and conditions as it determines are necessary and\nThese responsibilities are an integral part of coordinated and com-\ndesirable to carry out the purposes of this Act in an eco-\nprehensive water resources planning. Without participation of EPA,\nnomical, efficient, and timely manner, and that such\nmajor components of water resources activities represented in the\ncommissions and agencies are hereby authorized to receive\nCouncil prior to the creation of the Agency cannot be adequately con-\nand expend such funds pursuant to this section.\"\nsidered in the Council's coordinated activities.\nThe Department of Transporation Act of 1966 expanded WRC\nBACKGROUND INFORMATION\nmembership to include the Secretary of Transportation on matters\npertaining to navigation features of water resource projects. The\nThe Water Resources Council (WRC) was established by the Water\nWater Resources Planning Act of 1965 does not have language includ-\nResources Planning Act of 1965 (P.L. 89-80) for the purposes of pre-\ning the Secretary of Transportation and therefore this amending\nparing periodic national assessments of the adequacy of the Nation's\nlanguage is necessary for purposes of completeness.\nwater and related land resources: directing and coordinating compre-\nIn addition, the Secretary of Health, Education, and Welfare has\nhensive regional and river basin planning; recommending to the Presi-\nrequested to be removed from full membership status on the Council.\ndent needed changes in Federal policies and programs; establishing,\nThe Council of Members unanimously approved the request.\nwith the approval of the President, principles, standards, and pro-\nRemoval of the Secretary of HEW is appropriate because of Reorga-\ncedures for Federal water and related land resources planning; co-\nnization Plan No. 3 of 1970 which transferred virtually all water re-\nordinating such planning activities, performing responsibilities with\nsources and related land planning functions then existing in HEW to\nregard to the creation, operation, and termination of Federal-State\nthe new Environmental Protection Agency.\nriver basin commissions: and providing financial assistance to the\nStates SO as to increase their participation in water and related land\nresources planning.\nThe proposed bill would amend the Water Resources Planning Act\nU.S. WATER RESOURCES COUNCIL,\nto revise the membership of the Water Resources Council.\nWashington, D.C., March 6, 1975.\nThe Council of Members has unanimously approved full member-\nHon. CARL ALBERT,\nship in the Water Resources Council for the Secretary of Commerce,\nSpeaker of the House of Representatives,\nthe Secretary of Housing and Urban Development and the Adminis-\nWashington, D.C.\ntrator of the Environmental Protection Agency and has recommended\nDEAR MR. SPEAKER: Enclosed is a bill to amend Water Resources\nthat appropriate action be taken to make them full members. The\nPlanning Act of 1965 (Public Law 89-80), to revise membership of\nH.R. 504\nH.R. 504\n6\n7\nthe United States Water Resources Council. An explanation of this\n:amendment is contained in the accompanying background statement.\nported, are shown as follows (existing law proposed to be omitted is\nThe Office of Management and Budget advises that it has no objec-\nenclosed in black brackets, new matter is printed in italic, existing law\ntion to the enactment of this legislation.\nin which no change is proposed is shown in roman)\n:\nSincerely,\nJACK O. HORTON,\nACT OF JULY 22, 1965 (79 STAT. 244)\n(For Rogers C. B. Morton, Chairman).\nEnclosures.\nSEC. 101. There is hereby established a Water Resources Council\n(hereinafter referred to as the \"Council\") which shall be composed of\nA BILL To amend the Water Resources Planning Act to revise the\nmembership of the Water Resources Council\nthe Secretary of the Interior, the Secretary of Agriculture, the Secre-\ntary of the Army, [the Secretary of Health, Education, and Welfare,]\nBe it enacted by the Senate and House of Representatives\nthe Secretary of Commerce, the Secretary of Housing and Urban De-\nof the United States of America in Congress assembled, that\nvelopment, the Secretary of Transportation, the Administrator of the\nthe Water Resources Planning Act (79 Stat. 244, 42 USC\nEnvironmental Protection Agency, and the Chairman of the Federal\n1962 et seq.), is hereby amended as follows:\nPower Commission. The Chairman of the Council shall request the\nBy deleting in section 101 (42 USC 1962a) the words\nheads of other Federal agencies to participate with the Council when\n\"the Secretary of Health, Education, and Welfare,\" and\nmatters affecting their responsibilities are considered by the Council.\ninserting in lieu thereof \"the Secretary of Commerce,\nThe Chairman of the Council shall be designated by the President.\nthe Secretary of Housing and Urban Development, the\n*\nSecretary of Transportation, the Administrator of the\nEnvironmental Protection Agency,\".\nSEC. 105. (a) For the purpose of carrying out the provisions of this\nAct, the Council may (1) hold such hearings, sit and act at such times\nand places, take such testimony, receive such evidence, and print or\notherwise reproduce and distribute SO much of its proceedings and\nU.S. WATER RESOURCES COUNCIL,\nreports thereon as it may deem advisable; (2) acquire, furnish, and\nWashington, D.C., July 23, 1975.\nequip such office space as is necessary; (3) use the United States mails\nHon. JAMES A. HALEY,\nin the same manner and upon the same conditions as other departments\nChairman, Committee on Interior and Insular Affairs,\nand agencies of the United States; (4) employ and fix the compensa-\nHouse of Representatives, Washington, D.C.\ntion of such personnel as it deems advisable, in accordance with the\nDEAR MR. CHAIRMAN: This is in response to your request for a report\ncivil service laws and Classification Act of 1949, as amended; (5) pro-\non a bill (H.R. 4724) \"To amend the Water Resources Planning Act\ncure services as authorized by section 15 of the Act of August 2, 1946\nto extend the authority for financial assistance to the States for water\n(5 U.S.C. 55a), at rates not [to exceed $100 per diem for individuals]\nresources planning.\" H.R. 4724 would extend Title III of the Water\nin excess of the daily equivalent of the rate prescribed for grade GS-18\nResources Planning Act of 1965 indefinitely.\nunder section 5332 of title 5 of the United States Code in the case of\nThe Title III program was created to encourage the States to de-\nindividual experts or consultants; (6) purchase, hire, operate, and\nvelop a capability to participate in water planning as an equal partner.\nmaintain passenger motor vehicles; and (7) incur such necessary ex-\nThe grants provided seed money which assisted States in building up\npenses and exercise such other powers as are consistent with and rea-\nthe requisite staffs.\nsonably required to perform its functions under this Act.\nSince the program's inception in 1965, State participation in water\n*\nand related land planning has increased significantly as measured by\nsize of staffs and expenditures. In 1975, $15 million in State monies\nSEC. 205. (a) For the purpose of carrying out the provisions of this\ntitle, each river basin commission may-\nwent unmatched as most States have funds in excess of Federal grants\navailable. Title III has thus, we believe, essentially achieved a major\n(1) hold such hearings, sit and act at such times and places, take\ngoal for which it was created. Accordingly, the U.S. Water Resources\nsuch testimony, receive such evidence, and print or other wise re-\nCouncil recommends against enactment of H.R. 4724.\nthereon as it may deem advisable;\nproduce and distribute SO much of its proceedings and reports\nThe Office of Management and Budget advises there is no objection\nto the presentation of this report from the standpoint of the Adminis-\n(2) acquire, furnish. and equip such office space as is necessary;\ntration's program.\n(3) use the United States mails in the same manner and upon\nSincerely,\nthe States; same conditions as departments and agencies of the United\nWARREN D. FAIRCHILD,\nDirector.\n(4) employ and compensate such personnel as it deems advis-\nCHANGES IN EXISTING LAW\nable, including consultants, at rates not [to exceed $100 per diem]\nin excess of the daily equivalent of the rate prescribed for grade\nIn compliance with clause 3 of Rule XIII of the Rules of the House\nGS-18 under section 5332 of title 5, United States Code, and re-\nof Representatives, changes in existing law made by the bill, as re-\ntain and compensate such professional or technical service firms\nas it deems advisable on a contract basis;\nH.R. 504\nH.R. 504\n8\n(5) arrange for the services of personnel from any State or the\nUnited States, or any subdivision or agency thereof, or any inter-\ngovernmental agency;\n(6) make arrangements, including contracts, with any partici-\npating government, except the United States or the District of\nColumbia, for inclusion in a suitable retirement and employee\nbenefit system of such of its personnel as may not be eligible for or\ncontinuing in another governmental retirement or employee bene-\nfit system, or otherwise provide for such coverage of its personnel;\n(7) purchase, hire, operate, and maintain passenger motor ve-\nhicles; and\n(8) incur such necessary expenses and exercise such other powers\nas are consistent with and reasonably required to perform its func-\ntions under this Act.\n*\n*\n*\nSEC. 301. (a) In recognition of the need for increased participation\nby the States in water and related land resources planning to be\neffective, there are hereby authorized to be appropriated to the Coun-\ncil [for the next fiscal year beginning after the date of enactment of\nthis Act, and for the nine succeeding fiscal years thereafter for fiscal\nyears 1977 and 1978, $5,000,000 in each such year for grants to States\nto assist them in developing and participating in the development of\ncomprehensive water and related land resources plans.\n*\n*\n*\n*\n*\n*\nSEC. 401. There are authorized to be appropriated to the Water\nResources Council:\n(a) Not to exceed $6,000,000 annually for the Federal share of\nthe expenses of administration and operation of river basin com-\nmissions, including salaries and expenses of the chairmen, but\nnot including funds authorized by subsection (c) below: Provided,\nThat not more than $750,000 annually shall be available under\nthis subsection for any single river basin commission;\n(b) Not to exceed $1,500,000 annually for the expenses of the\nWater Resources Council in administering this Act, not includ-\ning funds authorized by subsection (c) below;\n(c) Not to exceed [$3,500,000 annually for fiscal years 1974\nand 1975] a total of $10,000,000 for fiscal years 1976 and 1977\nfor preparation of assessments, and for directing and coordinat-\ning the preparation of such regional or river basin plans as the\nCouncil determines are necessary and desirable in carrying out\nthe policy of this Act: Provided, That not more than $2,500,000\nshall be available under this subsection for the preparation of as-\nsessments: Provided further, That the Council may transfer funds\nauthorized by this subsection to river basin commissions and to\nFederal and State agencies upon such terms and conditions as\nit determines are necessary and desirable to carry out the above\nfunctions in an economical, efficient, and timely manner, and\nthat such commissions and agencies are hereby authorized to re-\nceive and expend such funds pursuant to this subsection.\n*\n*\nH.R. 504\nH. R. 5952\nAinety-fourth Congress of the United States of America\nAT THE FIRST SESSION\nBegun and held at the City of Washington on Tuesday, the fourteenth day of January,\none thousand nine hundred and seventy-five\nAn Act\nTo amend the Water Resources Planning Act (79 Stat. 244), as amended.\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled, That the Water\nResources Planning Act of 1965 (79 Stat. 244, as amended) is hereby\nfurther amended as follows:\n(a) By deleting in section 101 the words \"the Secretary of Health,\nEducation, and Welfare,\" and inserting in lieu thereof \"the Secretary\nof Commerce, the Secretary of Housing and Urban Development, the\nSecretary of Transportation, the Administrator of the Environmental\nProtection Agency,\".\n(b) By deleting in section 105 (a) (5) the words \"to exceed $100 per\ndiem for individuals\" and inserting in lieu thereof \"in excess of the\ndaily equivalent of the rate prescribed for grade GS-18 under section\n5332 of title 5 of the United States Code in the case of individual\nexperts or consultants;\".\n(c) By deleting in section 205(a) (4) the words \"to exceed $100 per\ndiem\" and inserting in lieu thereof \"in excess of the daily equivalent\nof the rate prescribed for grade GS-18 under section 5332 of title 5,\nUnited States Code,\".\n(d) By deleting in section 301 (a) the words \"for the next fiscal year\nbeginning after the date of the enactment of this Act, and for the nine\nsucceeding fiscal years thereafter\" and inserting in lieu thereof \"for\nfiscal years 1977 and 1978,\".\n(e) By deleting immediately after the phrase \"(c) not to exceed\" in\nsection 401 (c) the words \"$3,500,000 annually for fiscal years 1974 and\n1975\" and inserting in lieu thereof \"a total of $10,000,000 for fiscal\nyears 1976 and 1977\".\nSpeaker of the House of Representatives.\nVice President of the United States and\nPresident of the Senate.\nOctober 8, 1975\nDear Mr. Director:\nThe following bills were received at the White\nHouse on October 8th:\nSo 824\nSo 1327\nB. 1549\nH.R. 5952\nPlease let the President have reports and\nrecomendations as to the approval of these\nbills as soon as possible.\nSincerely,\nRobert D. Linder\nChief Executive Clerk\nThe Honorable James T. Lynn\nDirector\nOffice of Management and Budget\nWashington, D. C."
}