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1975/10/16 HR5952 Amends Water Resources Planning Act of 1965
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1975/10/16 HR5952 Amends Water Resources Planning Act of 1965
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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States of America his copyrights in all of his unpublished writings in National Archives collections.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.