THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Statutes and Legislative History
Executive Orders
Regulations
Guidelines and Reports
LiJ
O
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THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
Statutes and Legislative History
Executive Orders
Regulations
Guidelines and Reports
I
55
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CD
JANUARY 1973
WILLIAM D. RUCKELSHAUS
Administrator
Environ
nta, protection Agen«l.
nmental ^
Street ''
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For sale by the Superintendent of Documents, U.S. Government Printing Office
Washington, D.C. 20402 • Price $27.25 per 7-part set. Sold in sets only.
Stock Number 5500-0068
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FOREWORD
It has been said that America is like a gigantic boiler in that once
the fire is lighted, there are no limits to the power it can generate.
Environmentally, the fire has been lit.
With a mandate from the President and an aroused public concern-
ing the environment, we are experiencing a new American Revolu-
tion, a revolution in our way of life. The era which began with the
industrial revolution is over and things will never be quite the same
again. We are moving slowly, perhaps even grudgingly at times, but
inexorably into an age when social, spiritual and aesthetic values
will be prized more than production and consumption. We have
reached a point where we must balance civilization and nature
through our technology.
The U.S. Environmental Protection Agency, formed by Reorganiza-
tion Plan No. 3 of 1970, was a major commitment to this new ethic.
It exists and acts in the public's name to ensure that due regard is
given to the environmental consequences of actions by public and
private institutions.
In a large measure, this is a regulatory role, one that encompasses
basic, applied, and effects research; setting and enforcing standards;
monitoring; and making delicate risks—benefit decisions aimed at
creating the kind of world the public desires.
The Agency was not created to harass industry or to act as a shield
behind which man could wreak havoc on nature. The greatest dis-
service the Environmental Protection Agency could do to American
industry is to be a poor regulator. The environment would suf-
fer, public trust would diminish and instead of free enterprise,
environmental anarchy would result.
It was once sufficient that the regulatory process produce wise and
well-founded courses of action. The public, largely indifferent to
regulatory activities, accepted agency actions as bsing for the "public
convenience and necessity." Credibility gaps and cynicism make it
essential not only that today's decisions be wise and well-founded
but that the public know this to be true. Certitude, not faith, is
de rigueur.
In order to participate intelligently in regulatory proceedings, the
citizen should have access to the information available to the agency.
EPA's policy is to make the fullest possible disclosure of information,
iii
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iv FOREWORD
without unjustifiable expense or delay, to any interested party. With
this in mind, the EPA Compilation of Legal Authority was produced
not only for internal operations of EPA, but as a service to the public,
as we strive together to lead the way, through the law, to preserving
the earth as a place both habitable by and hospitable to man.
WILLIAM D. RUCKELSHAUS,
Administrator
U.S. Environmental Protection Agency
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PREFACE
Reorganization Plan No. 3 of 1970 transferred 15 governmental units
with their functions and legal authority to create the U.S. Environ-
mental Protection Agency. Since only the major laws were cited
in the Plan, the Administrator, William D. Ruckelshaus, requested
that a compilation of EPA legal authority be researched and published.
The publication has the primary function of providing a working
document for the Agency itself. Secondarily, it will serve as a re-
search tool for the public.
A permanent office in the Office of Legislation has baen established
to keep the publication updated by supplements.
It is the hope of EPA that this set will assist in the awesome task
of developing a better environment.
LANE WARD, J.D.,
Assistant Director for Field Operations
Office of Legislation
U.S. Environmental Protection Agency.
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ACKNOWLEDGMENT
The idea of producing a compilation of the legal authority of EPA
was conceived and commissioned by William D. Ruckelshaus, Admin-
istrator of EPA. The production of this compilation involved the
cooperation and effort of numerous sources, both within and outside
the Agency. The departmental libraries at Justice and Interior were
used extensively; therefore we express our appreciation to Marvin
P. Hogan, Librarian, Department of Justice; Arley E. Long, Land &
Natural Resources Division Librarian, Department of Justice; Fred-
eric E. Murray, Assistant Director, Library Services, Department of
the Interior.
For exceptional assistance and cooperation, my gratitude to: Gary
Baise, formerly Assistant to the Administrator, currently, Director,
Office of Legislation, who first began with me on this project; A. James
Barnes, Assistant to the Administrator; K. Kirke Harper, Jr., Special
Assistant for Executive Communications; John Dezzutti, Administra-
tive Assistant, Office of Executive Communications; Roland O. Soren-
sen, Chief, Printing Management Branch, and Jacqueline Gouge and
Thomas Green, Printing Management Staff; Ruth Simpkins, Janis
Collier, Wm. Lee Rawls, James G. Chandler, Jeffrey D. Light, Randy
Mott, Thomas H. Rawls, and John D. Whittaker, Peter J. McKenna,
Linda L. Payne, John M. Himmelberg, and Dana W. Smith, a beauti-
ful staff who gave unlimited effort; and to many others, behind the
scenes who rendered varied assistance.
LANE WARD, J.D.,
Assistant Director for Field Operations
Office of Legislation
U.S. Environmental Protection Agency.
VI
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INSTRUCTIONS
The goal of this text is to create a useful compilation of the legal
authority under which the U.S. Environmental Protection Agency
operates. These documents are for the general uss of personnel of
the EPA in assisting them in attaining the purposes set out by the
President in creating the Agency. This work is not intended and
should not be used for legal citations or any use other than as ref-
erence of a general nature. The author disclaims all responsibility
for liabilities growing out of the use of these materials contrary to
their intended purpose. Moreover, it should be noted that portions
of the Congressional Record from the 92nd Congress were extracted
from the "unofficial" daily version and are subject to subsequent
modification.
EPA Legal Compilation consists of the Statutes with their legisla-
tive history, Executive Orders, Regulations, Guidelines and Reports.
To facilitate the usefulness of this composite, the Legal Compilation
is divided into the eight following chapters:
A. General E. Pesticides
B. Air F. Radiation
C. Water G. Noise
D. Solid Waste H. International
WATER
The chapter labeled "Water" and color coded blue contains the
legal authority of the Agency as it applies to water pollution abate-
ment. It is well to note that any law which is applicable to more than
one chapter of the compilation will appear in each of the chapters;
however, its legislative history will be cross referenced into the
"General" chapter where it is printed in full.
SUBCHAPTERS:
Statutes and Legislative History
For convenience, the Statutes are listed throughout the Compila-
tion by a one-point system, i.e., 1.1, 1.2, 1.3, etc., and Legislative His-
tory begins wherever a letter follows the one-point system.
vn
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viii INSTRUCTIONS
Thiisly, any l.la, Lib, 1.2a, etc., denotes the public laws comprising
the 1.1, 1.2 statute. Each public law is followed by its legislative his-
tory. The legislative history in each case consists of the House Report,
Senate Report, Conference Report (where applicable), the Con-
gressional Record beginning with the time the bill was reported from
committee.
Example: 1.4 Amortization of Pollution Control Facilities, as
amended, 26 U.S.C. §169 (1969).
1.4a Amortization of Pollution Control Facilities,
December 30, 1969, P.L. 91-172, §704, 83 Stat.
667.
(1) House Committee on Ways and Means,
H.R. REP. No. 91-413 (Part I), 91st
Cong., 1st Sess. (1969).
(2) House Committee on Ways and Means,
H.R. REP. No. 91-413 (Part II), 91st
Cong., 1st Sess. (1969).
(3) Senate Committee on Finance, S. REP.
No. 91-552, 91st Cong., 1st Sess. (1969).
(4) Committee of Conference, H.R. REP. No.
91-782, 91st Cong., 1st Sess. (1969).
(5) Congressional Record, Vol. 115 (1969):
(a) Aug. 7: Debated and passed House,
pp. 22746, 22774-22775;
(b) Nov. 24, Dec. 5, 8, 9: Debated and
passed Senate, pp. 35486, 37321-
37322, 37631-37633, 37884-37888;
(c) Dec. 22: Senate agrees to conference
report, p. 40718;*
(d) Dec. 22: House debates and agrees
to conference report, pp. 40820,
40900.
This example not only demonstrates the pattern followed for legisla-
tive history, but indicates the procedure where only one section of a
public law appears. You will note that the Congressional Record
cited pages are only those pages dealing with the discussion and/or
action taken pertinent to the section of law applicable to EPA. In the
event there is no discussion of the pertinent section, only action or
passage, then the asterisk (*) is used to so indicate, and no text is
reprinted in the Compilation. In regard to the situation where only
one section of a public law is applicable, then only the parts of the
report dealing with same are printed in the Compilation.
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INSTRUCTIONS
IX
Secondary Statutes
Many statutes make reference to other laws and rather than have
this manual serve only for major statutes, these secondary statutes
have been included where practical. These secondary statutes are
indicated in the table of contents to each chapter by a bracketed cite
to the particular section of the major act which made the reference.
Citations
The United States Code, being the official citation, is used through-
out the Statute section of the compilation. In four Statutes, a parallel
table to the Statutes at Large is provided for your convenience.
TABLE OF STATUTORY SOURCE
STATUTES SOURCE
1.1 River and Harbor Act of 1899, 33
U.S.C. §§403, 407, 411 (1899).
1.2 Federal Water Pollution Control
Act, as amended, 33 U.S.C. §1151
et seq. (1970).
1.3 Pollution of the Sea by Oil, as
amended, 33 U.S.C. §1001 et seq.
(1966).
1.4 Advances of Public Moneys, Pro-
hibition Against, as revised, 31
U.S.C. §529 (1946).
1.5 Public Contracts, Advertisements
for Proposals for Purchases and
Contracts for Supplies or Services
for Government Departments; App
Application to Government Sales
and Contracts to Sell and to Gov-
ernment Corporations, as amended,
41 U.S.C. §5 (1958).
1.6 Courts of Appeals, Certiorari;
Appeal; Certified Questions, as
amended, 28 U.S.C. §1254 (1948).
1.7 Davis-Bacon Act, as amended, 40
U.S.C. §276a-275a-5 (1964).
1.8 Per Diem, Travel and Transporta-
tion Expenses; Experts and
Consultants; Individuals Serving
Without Pay, as amended, 5 U.S.C.
§5703 (1966).
1.9 1909 Boundry Waters Treaty Be-
tween Canada and the United
States, and the Water Utilization
Treaty of 1944 Between Mexico and
the United States, 36 Stat. 2448
(1909),59Stat. 1219 (1944).
E.O. 11574 sets out EPA's function under
this Act.
Transferred to EPA in Reorg. Plan No. 3
of 1970.
Implements the Convention of
Referred to in the Federal Water Pollu-
tion Control Act at §1155 (g) (3) (A).
Referred to in Federal Water Pollution
Control Act in §1155 (g) (3) (A).
Referred to in the Federal Water Pollu-
tion Control Act at §1157 (g) (2).
Referred to in the Federal Water Pollu-
tion Control Act at §1158(g).
Referred to in the Federal Water Pollu-
tion Control Act at §1159 (a) (2) (B),
1160(c)(4), (i).
Referred to in the Federal Water Pollu-
tion Control Act at §1160(d) (2).
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INSTRUCTIONS
STATUTES
SOURCE
1.10 Disclosure of Confidential Infor-
mation Generally, as amended, 18
U.S.C. §1905 (1948).
1.11 Convention on the Territorial Sea
and the Contiguous Zone, Article
XXIV, 5 U.S.T. 1612, 1613 (1958).
1.12 International Convention for the
Prevention of Pollution of the Sea
by Oil, 1954, Article IV, as
amended, 17 U.S.T. 1528 (1954).
1.13 Granting Clearances, as amended,
46 U.S.C. §91 (1951).
1.14 Outer Continental Shelf Lands Act,
as amended, 43 U.S.C. §1331 et seq.
(1953).
1.15 Administrative Procedure Act, as
amended, 5 U.S.C. §§551-559, 701-
705 (1968).
1.16 Higher Education General Provi-
sion, Definitions, as amended, 20
U.S.C. §1141 (1970).
1.17 National Environmental Policy Act
of 1969, 42 U.S.C. §4321 et seq.
(1970).
1.18 Public Health Service Act, as
amended, 42 U.S.C. §§241, 243, 246
(1970).
1.19 The Water Resource Planning Act,
as amended, 42 U.S.C. §1962 et seq.
(1970).
1.20 Appalachian Regional Develop-
ment Act of 1965, as amended, 40
App. U.S.C. §§212, 214 (1971).
1.21 The Disaster Relief Act, 42 U.S.C.
§4401 et seq. (1970).
1.22 Department of Transportation Act,
49 U.S.C. §1653(f) (1968).
Referred to in the Federal Water Pollu-
tion Control Act at §§1160 (f) (2), (k),
(1), 1163(g) (3).
Referred to in the Federal Water Pollu-
tion Control Act at §1161 (a) (9).
Referred to in the Federal Water Pollu-
tion Control Act at §1161 (b) (2) (A).
Referred to in the Federal Water Pollu-
tion Control Act at §1161 (b) (5).
Referred to in the Federal Water Pollu-
tion Control Act at §1161 (i) (2).
Referred to in the Federal Water Pollu-
tion Control Act at §§1162(b), 1163(e).
Referred to in the Federal Water Pollu-
tion Control Act at §1169(1) (B).
Direct reference in the Reorg. Plan No. 3
of 1970.
Directly cited in Reorg. Plan No. 3 of
1970.
E.O. 11613.
All functions of the Secretary of the
Interior and the Department of the Inte-
rior administrative to the Federal Water
Quality Administration, all functions
which were transferred to the Secretary
of the Interior by Reorg. Plan No. 2 of
1966, and all functions vested in the Sec-
retary of the Interior of the Department
of the Interior by the Federal Water Pol-
lution Control Act were transferred to
the Administrator of the Environmental
Protection Agency by Reorg. Plan No. 3
of 1970.
Direct reference made to the Water
Quality Administration at the Depart-
ment of the Interior by E.O. 11490,
§§703(3), 1102(1), 1103(2), etc., this
administration being transferred to EPA
through Reorg. Plan No. 3 of 1970.
The Federal Water Pollution Control Act
in section 1153 regarding the preserva-
tion of fish and wildlife.
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INSTRUCTIONS
STATUTES
SOURCE
1.23
1.24
1.25
1.26
1.27
Federal Aid Highway Act, as
amended, 23 U.S.C. §109 (h) (1970).
Amortization of Pollution Control
Facilities, as amended, 26 U.S.C.
§169(d)(l)(B), (3) (1989).
Airport and Airway Development
Act, 49 U.S.C. §§1712(f), 1716(c)(4),
(e) (1970).
Interest on Certain Government
Obligations, as amended, 26 U.S.C.
§103 (1969).
Fish and Wildlife Coordination
Act, as amended, 16 U.S.C. §§661-
666c (1965).
The Act at §109 (h) requires the Secre-
tary of Transportation to consult with
the appropriate agency dealing with
water pollution, in this case, the Admin-
istrator of EPA, before promulgating
guidelines for any proposed project on
any federal aid system.
The section cited in the Act refers di-
rectly to the Federal Water Pollution
Control Act and the Federal certifying
authority requirement filing to the Sec-
retary of the Interior in the case of
water pollution, both functions being
transferred through Reorg. Plan
Direct reference made to water pollution
and the appropriate agency to deal with
same in the Act.
The sections of the Act provide a tax re-
lief on industrial development bonds for
sewage or solid waste disposal facility
and water pollution control facilities, at
the section cited.
E.O. 11574, Administration of Refuse Act
Permit Program.
Executive Orders
The Executive Orders are listed by a two-point system (2.1, 2.2,
etc.). Executive Orders found in General are ones applying to more
than one area of the pollution chapters.
Regulations
The Regulations are noted by a three-point system (3.1, 3.2, 'etc.).
Included in the Regulations are those not only promulgated by the
Environmental Protection Agency, but those under which the Agency
has direct contact.
Guidelines and Reports
This subchapter is noted by a four-point system (4.1, 4.2, etc.). In
this subchapter is found the statutorily required reports of EPA, pub-
lished guidelines of EPA, selected reports other than EPA's and
inter-departmental agreements of note.
UPDATING:
Periodically, a supplement will be sent to the interagency distribu-
tion and made available through the U.S. Government Printing Office
in order to provide an accurate working set of EPA Legal Compilation.
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CONTENTS
C. WATER
VOLUME I
1. STATUTES AND LEGISLATIVE HISTORY
Page
1.1 River and Harbor Act of 1899, U.S.C. §§403, 407, 411
(1899) 3
l.la River and Harbor Act of 1886, August 5, 1886, P.L. 49-929,
§§2, 3, 24 Stat. 329. 6
(1) House Committee on Rivers and Harbors, H.R. REP.
No. 1448, 49th Cong., 1st Sess. (1886). 7
(2) House Committee on Rivers and Harbors, H.R. REP.
No. 1565, 49th Cong., 1st Sess. (1886). 8
(3) Senate Committee on Commerce, S. REP. No. 1391,
49th Cong., 1st Sess. (1886). 9
(4) Congressional Record, Vol. 17 (1886):
(a) May 6: Amended and passed House, pp.
4243-4247; 9
(b) July 16: Amended and passed Senate, pp. 7035,
7037; 14
(c) Aug. 3: Conference report agreed to by Senate,
p. 7906; 15
(d) Aug 3: Conference report agreed to by House,
p. 7934. 15
lib New York Harbor Act of 1888, June 29, 1888, P.L. 50-469,
§1, 25 Stat. 209. 15
(1) Senate Committee on Commerce, S. REP. No. 224,
50th Cong., 1st Sess. (1888). 16
(2) House Committee on Commerce, H.R. REP. No. 1963,
50th Cong., 1st Sess. (1888). 16
(3) Congressional Record, Vol. 19 (1888):
(a) March 21: Debated, amended and passed Senate,
p. 2300; 16
(b) June 4: Debated, amended and passed House,
pp. 4889-4890; 17
(c) June 14: Senate concurs in House amendments,
p. 5239. 19
lie River and Harbor Act of 1890, September 19, 1890, P.L.
51-907, §6 26, Stat. 453. 19
(1) House Committee on Rivers and Harbors, H.R. REP.
No. 1488, 51st Cong., 1st Sess. (1890). 20
(2) Senate Committee on Commerce, S. REP. No. 1378,
51st Cong., 1st Sess. (1890). 21
(3) Committee of Conference, 51st Cong., 1st Sess., Con-
gressional Record, Vol. 21 (1890), p. 9558. 21
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xiv CONTENTS
Page
(4) Congressional Record, Vol. 21 (1890):
(a) May 28: Passed House, p. 5412; 23
(b) Aug. 15, 16: Amended and passed Senate, pp.
8607, 8684-8685; 23
(c) Sept. 6: House agrees to conference report, p.
9822; ... 29
(d) Sept. 8: Senate agrees to conference report, p.
9830. . . 29
lid River and Harbor Act of 1894, August 18,1894, P.L. 53-299,
§§6, 7, 8, 9, 28 Stat. 363. . 29
(1) Damage to Harbor Improvements, Letter from the
Acting Secretary of War, House Committee on Rivers
and Harbors, H.R. EX. DOC. No. 123, 53rd Cong, 2d
Sess. (1894). 31
(2) House Committee on Rivers and Harbors, H.R. REP.
No. 639, 53rd Cong., 2d Sess. (1894). 34
(3) Senate Committee on Commerce, S. REP. No. 519,
53rd Cong., 2d Sess. (1894) 35
(4) Committee of Conference, 53rd Cong., 2d Sess., Con-
gressional Record, Vol. 26, (1894), pp. 8173-8175. 35
(5) Congressional Record, Vol. 26 (1894):
(a) May 4: Amended and passed House, p. 4430; 35
(b) July 13: Amended and passed Senate, p. 7414; 35
(c) Aug. 6: Senate agrees to conference report, p.
8230; . . 35
(d) Aug. 6: House agrees to conference report, p.
8251. 35
lie River and Harbor Act of 1899, March 3, 1899, P.L. 55-425,
§§10, 13, 16, 30 Stat. 1151. . 36
(1) House Committee on Rivers and Harbors, H.R. REP.
No. 1826, 55th Cong., 3rd Sess. (1899). , 38
(2) Senate Committee on Commerce, S. REP. No. 1686,
55th Cong., 3rd Sess. (1899). 38
(3) Committee of Conference, H.R. REP. No. 2815-16,
55th Cong., 3rd Sess. (1899). 39
(4) Congressional Record, Vol. 32 (1899):
(a) Feb. 1, 2: Debated, amended and passed House,
pp. 1350; 1354; 1356-1357; 1410; 39
(b) Feb. 23, 24: Debated, amended and passed Sen-
ate, p. 2297; 41
(c) March 3: Senate agrees to conference report, pp.
2815-2816; 2843; 44
(d) March 3: House agrees to conference report, p.
2923. 44
llf Supplemental Appropriations Act of 1971, January 8, 1971,
P.L. 91-685, 84 Stat. 1981. 45
(1) House Committee on Appropriations, H.R. REP. No.
91-1668, 91st Cong., 2d Sess. (1970). 46
(2) Senate Committee on Appropriations, S. REP. No.
91-1430, 91st Cong., 2d Sess. (1970). 47
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CONTENTS xv
Page
(3) Committee of Conference, H.R. REP. No. 91-1794; 91st
Cong., 2d Sess. (1970). 49
(4) Congressional Record, Vol. 116 (1970):
(a) Dec. 10: Passed House, p. 40926; 50
(b) Dec. 14: Amended and passed Senate, pp. 41317,
41322-41323, 41330; 50
(c) Dec. 22: House agrees to conference report, p.
43391; 52
(d) Dec. 28: Senate agrees to conference report, pp.
43706, 43709. 53
1.2 The Federal Water Pollution Control Act, as amended, 33 U.S.C.
§1151 et seq. (1970). ' 55
1.2a The Water Pollution Control Act, June 30, 1948, P.L.
80-845, 62 Stat. 1155. 132
(1) Senate Committee on Public Works, S. REP. No. 462,
80th Cong., 1st Sess. (1947). 141
(2) House Committee on Public Works, H.R. REP. No.
1829, 80th Cong., 2d Sess. (1948). 151
(3) Committee of Conference, H.R. REP. No. 2399, 80th
Cong., 2d Sess. (1948). 172
(4) Congressional Record:
(a) Vol. 93 (1947), July 16: Amended and passed
Senate, pp. 9032; 9034-9035; 175
(b) Vol. 94 (1948), June 14: Amended and passed
House, pp. 8192; 8195-8203; 176
(c) Vol. 94 (1948), June 15: Senate disagrees to
House amendments and demands conference, pp.
8295-8296; 196
(d) Vol. 94 (1948), June 16: House agrees to confer-
ence, p. 8458; 196
(e) Vol. 94 (1948), June 18: House agrees to confer-
ence report, p. 8864; 196
(f) Vol. 94 (1948), June 18: Conference report sub-
mitted in Senate, p. 8772; 198
(g) Vol. 94 (1948), June 19: Senate agrees to confer-
ence report, pp. 9002-9003. 199
1.2b Reorganization Plan No. 14 of 1950, May 24, 1950, 15 Fed.
Reg. 3176, 64 Stat. 1267. 200
1.2c Water Pollution Control Act Extension, July 17, 1952, P.L.
82-579, 66 Stat. 755. 200
(1) House Committee on Public Works, H.R. REP. No.
1990, 82nd Cong., 2d Sess. (1952). 201
(2) Senate Committee on Public Works, S. REP. No. 2092,
82nd Cong, 2d Sess. (1952). 205
(3) Congressional Record, Vol. 98 (1952):
(a) June 12: Passed House, pp. 6364-6365; 211
(b) July 4: Passed Senate, p. 9317. 213
1.2d Water Pollution Control Act of 1956, July 9, 1956, P.L.
84-660, 70 Stat. 498. 213
(1) Senate Committee on Public Works, S. REP. No. 543,
84th Cong, 1st Sess. (1955). 227
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xvi CONTENTS
Page
(2) House Committee on Public Works, H.R. REP. No.
1448, 84th Cong., 1st Sess. (1955). 250
(3) Committee of Conference, H.R. REP. No. 2479, 84th
Cong., 2d Sess. (1956). 272
(4) Congressional Record:
(a) Vol. 101 (1955), June 17: Amended and passed
Senate, pp. 8623, 8627; 292
(b) Vol. 102 (1956), June 13: Amended and passed
House; House insists on its amendments and
asks for conference, pp. 10278, 10281; 293
(c) Vol. 102 (1956), June 14: Senate disagrees to
House amendments and agrees to conference, pp.
10323, 10327; 293
(d) Vol. 102 (1956), June 27: Conference report sub-
mitted in House and agreed to, pp. 11149, 11154; 295
(e) Vol.102 (1956), June 27: Conference report sub-
mitted in Senate, and agreed to, pp. 11075-11076. 296
1.2e Alaska's Water Pollution Control Act Amendments, June
25, 1959, P.L. 86-70, §28 (a), (b), 73 Stat. 148. 297
(1) House Committee on Interior and Insular Affairs,
H.R. REP. No. 369, 86th Cong., 1st Sess. (1959). 297
(2) Senate Committee on Interior and Insular Affairs, S.
REP. No. 331, 86th Cong., 1st Ssss. (1959). 300
(3) Congressional Record, Vol. 105 (1959):
(a) June 1: Debated, amended and passed House, p.
9478; 302
(b) June 3: Amended and passed Senate, pp. 9676; 302
(c) June 11: House concurs in Senate amendments,
with amendment, p. 10570; 302
(d) June 12: Senate concurs in House amendments,
p. 10594. 302
1.2f Hawaii's Water Pollution Control Act Amendments, June
12, 1960, P.L. 86-624, §23 (a), 74 Stat. 417. 302
(1) House Committee on Interior and Insular Affairs,
H.R. REP No. 1564, 86th Cong., 2d Sess. (1960). 303
(2) Senate Committee on Interior and Insular Affairs, S.
REP. No. 1681, 86th Cong., 2d Sess. (1960). 305
(3) Congressional Record, Vol. 106 (1960):
(a) May 16: Passed House, p. 10355; 307
(b) June 28: Amended and passed Senate, p. 14684; 307
(c) June 29: House concurs in Senate amendments,
p. 15009. 307
1.2g The Federal Water Pollution Control Act of 1931, July 20,
1961, P.L. 87-88, 75 Stat. 204. 307
(1) House Committee on Public Works, H.R. REP. No.
306, 87th Cong., 1st Sess. (1961). 316
(2) Senate Committee on Public Works, S. REP. No. 353,
87th Cong., 1st Sess. (1961). 368
(3) Committee of Conference, H.R. REP. No. 675, 87th
Cong., 1st Sess. (1961). 398
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CONTENTS xvii
Page
(4) Congressional Record, Vol. 107 (1961):
(a) May 3, Debated in House, pp. 7140-7162;
7165-7172; 415
(b) May 3: Amended and passed House, pp.
7195-7196; 483
(c) June 22: Amended and passed Senate; Senate
insisted on its amendments and asks for confer-
ence, p. 11074; 484
(d) July 13: Conference report submitted to House
and agreed to, pp. 12471; 12475-12496; 485
(e) July 13: Conference report submitted to S3nate
and agreed to, pp. 12565-12567. 528
1.2h The Water Quality Act of 1965, October 2, 1965, P.L.
89-234, 79 Stat. 903. 533
(1) House Committee on Public Works, H.R. REP. No.
215, 89th Cong., 1st Sess. (1965). 544
VOLUME II
(2) Senate Committee on Public Works, S. REP. No. 10,
89th Cong., 1st Sess. (1965). 579
(3) Committee of Conference, H.R REP. No. 1022, 89th
Cong., 1st Sess. (1965). 622
(4) Congressional Record, Vol. Ill (1965):
(a) Jan. 28: Considered and passed Senate, pp.
1503-1519; 1521; 1525-1545; 638
(b) April 28: Considered and passed House,
amended, pp. 8652-8690; 8736-8737; 703
(c) Sept. 21: House and Senate agree to conference
report, pp. 24560-24562; 24583; 24587-24592. 790
1.2i 1966 Reorganization Plan No. 2, May 10, 1966, 31 Fed. Reg.
6857, 80 Stat. 1608. 805
(1) Interdepartmental Agreement Concerning Consulta-
tion on Health Aspects of Water Pollution Control,
Secretary of the Interior, Secretary of Health, Educa-
tion, and Welfare, July 1, 1966. - 809
1.2j The Clean Water Restoration Act of 1966, November 3,
1966, P.L. 89-753, 80 Stat. 1246. 812
(1) House Committee on Public Works, H.R. REP. No.
2021, 89th Cong., 2d Sess. (1966). 824
(2) Senate Committee on Public Works, S. REP. No. 1367,
89th Cong., 2d Sess. (1966). 944
(3) Committee of Conference, H.R. REP. No. 2289, 89th
Cong., 2d Sess. (1966). 1005
(4) Congressional Record, Vol. 112 (1986):
(a) July 13: Considered and passed Senate, pp.
15585-15603; 15605-15620; 15624-15633; 1033
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xviii CONTENTS
Page
(b) Sept. 30: Considered and passed House, pp.
24546-24547; 24592-24619; 24622-24624; 24629; 1124
VOLUME III
(c) Oct. 17: House and Senate agree to conference
report, pp. 27131; 27137-27141; 27244-27247. 1195
1.2k The Water Quality Improvement Act of 1970, April 3,1970,
P.L. 91-224, 84 Stat. 91. 1212
(1) House Committee on Public Works, H.R. REP. No.
91-127, 91st Cong., 1st Sess. (1969). 1247
(2) Senate Committee on Public Works, S. REP. No.
91-351, 91st Cong., 1st Sess. (1969). - 1324
(3) Committee of Conference, H.R. REP. No. 91-940, 91st
Cong., 2d Sess. (1970). 1470
(4) Congressional Record:
(a) Vol. 115 (1969), April 15, 16: Considered and
passed House, pp. 9015-9052; 9259; 9264-9292; 1611
VOLUME IV
(b) Vol. 115 (1969), Oct. 7, 8: Considered and passed
Senate, amended, pp. 28947; 28953-29008; 29046-
29065; 29089-29102; . 1762
(c) Vol. 116 (1970), March 24: Senate agreed to con-
ference report, pp. 8975; 8983-8984; 9003-9008; 1984
(d) Vol. 116 (1970), March 25: House agreed to con-
ference report, pp. 9325-9334. 1976
(5) Message from the President of the United States
"Conservation and Water Management," H.R. REP.
Doc. No. 273, 90th Cong., 2d Sess. (1968). 1997
1.21 Rivers and Harbors Act of 1970, December 31, 1970, P.L.
91-611, Title I, §§120, 123, 84 Stat. 1823. . . 2017
(1) House Committee on Public Works, H.R. REP. No.
91-1665, 91st Cong, 2d Sess. (1970). 2020
(2) Senate Committee on Public Works, S. REP. No.
91-1422, 91st Cong., 2d Sess. (1970). . 2023
(3) Committee of Conference, H.R. REP. No. 91-1782,
91st Cong., 2d Sess. (1970). 2024
(4) Congressional Record, Vol. 116 (1970):
(a) Dec. 7: Passed House, pp. 40139; 40143; 40145-
40147; 40149; 2029
(b) Dec. 9: Amended and passed Senate, pp. 40594,
40598 2033
(c) Dec. 18: House agreed to conference report, pp.
42509, 42512; 2034
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CONTENTS xix
Page
(d) Dec. 19: Senate agreed to conference report, pp.
42724. 2035
1.2m Extension of Authorized Funds for Federal Water Pollu-
tion r0r>trol Act of 1971, July 9, 1971, P.L. 92-50, §§2, 3,
85 Stat. 124. 2035
(1) Senate Committee on Public Works, S. REP. No.
92-234, 92d Cong , 1st Sess. (1971). 2036
(2) CongrebSional Record, Vol. 117 (1971):
(a) June 23: Considered and passed Senate, p. S9807; 2037
(b) July 1: Considered and passed House, pp. H6229-
H6230. 2038
1.2n Extension of Federal Water Pollution Control Act of 1971,
October 13, 1971, P.L. 92-137, 85 Stat. 379. 2040
(1) Senate Committee on Public Works, S. REP. No.
92-383, 92d Cong., 1st Sess. (1971). 2041
(2) Congressional Record, Vol. 117 (1971):
(a) Sept. 29: Passed Senate, p S15406; 2042
(b) Sept. 30: Passed House, pp. H8939-H8940. 2043
1.2o Extension of Certain Provisions of Federal Water Pollu-
tion Control Act of 1971, March 1, 1972, P.L 92-240, 86
Stat. 47. 2044
(1) Senate Committee on Public Works, S. REP. No.
92-602, 92d Cong., 2d Sess. (1972). 2045
(2) House Committee on Public Works, H.R. REP. No.
92-812, 92d Cong., 2d Sess. (1972). 2046
(3) Committee of Conference, H R. REP. No. 92-834, 92d
Cong., 2d Sess. (1972). 2051
(4) Congressional Record, Vol. 118 (1972):
(a) Feb. 3: Considered and passed Senate, pp. S1165-
S1166; 2054
(b) Feb. 7: Considered and passed House, amended,
pp. H801-H808; 2055
(c) Feb. 16: House agreed to conference report, pp.
H1056-H1057; 2069
(d) Feb. 16: Senate agreed to Conference Report, p.
S1901. 2072
1.3 Pollution of the Sea by Oil, as amended, 33 U S.C. §1001, et seq.
(1966). 2073
1.3a The Oil Pollution Control Act of 1961, August 30, 1961,
P.L. 87-167, 75 Stat. 402. 2080
(1) Senate Committee on Commerce, S. REP. No. 666,
87th Cong., 1st Sess. (1961). 2087
(2) House Committee on Merchant Marine and Fisheries,
H.R. REP. No. 838, 87th Cong., 1st Sess. (1961). 2099
(3) Congressional Record, Vol. 107 (1961):
(a) Aug. 14: Amended and passed Senate, pp. 15663-
15665; 2108
(b) Aug. 21: Passed House, pp. 16520-16521. 2109
1.3b 1966 Amendments to the Oil Pollution Act of 1961, Sep-
tember 1,1966, P.L. 89-551, 80 Stat. 372. 2109
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xx CONTENTS
Page
(1) House Committee on Merchant Marine and Fisheries,
H.R. REP. No. 1620, 89th Cong., 2d Sess. (1966). 2113
(2) Senate Committee on Commerce, S. REP. No. 1479,
89th Cong., 2d Sess. (1966). 2136
(3) Congressional Record, Vol. 112 (1966):
(a) June 20: Considered and passed House, p. 13839-
13640; 2158
(b) Aug. 19: Considered and passed Senate, p. 19991. 2158
1.4 Advances of Pubi.c Moneys, Prohibition Against, as revised,
31 U.S.C. §529 (1946). 2158
[Referred to in 33 U.S.C. §1155 (g) (3) (A) ]
1.4a Act of January 31, 1823, January 31, 1823, Chapter 9, §1,
3 Stat. 723. 2158
(1) House Committee on Public Expenditures, H.R. REP.
No. 100, 17th Cong., 1st Sess. (1822) -1 2159
(2) Semite Committee on Finance, 17th Cong., 2d Sess.
(1823).2 2159
(3) Annals of Congress (1822-23):
(a) Dec. 9, 17: Debated, amended, passed House, pp.
336-338, 391-394; 2159
(b) Jan. 21, 23: Amended and passed Senate, pp.
147-150; 2163
(c) Jan. 27: House concurs in Senate amendments,
pp. 699-700. 2163
1.4b To Authorize Certain Administrative Expenses in the
Government Services, and for Other Purposes, August 2,
1946, P.L. 79-600, §11, 60 Stat. 809. 2163
(1) Committee on Expenditures in the Executive Depart-
ments, H.R. REP. No. 2186, 79th Cong., 2d Sess.
(1946). 2163
(2) Committee on Expenditures in the Executive Depart-
ments, S. REP. No. 1636, 79th Cong., 2d Sess. (1946). 2165
(3) Congressional Record, Vol. 92 (1946):
(a) June 3: Amended and passed House, p. 6166; 2166
(b) June 17: Amended and passed Senate, p. 9190; , 2166
(c) July 26: House concurs in Senate amendments,
p. 10186. 2166
1.5 Public Contracts, Advertisements for Proposals for Purchases
and Contracts for Supplies or Services for Government Depart-
ments; Application to Government Sales and Contracts to Sell
and to Government Corporations, as amended, 41 U.S.C. §5
(1958). 2166
[Referred to in 33 U.S.C. §1155(g) (3) (A)]
(See, "General 1.14a-1.14c(2) (b)" for legislative history)
1.6 Courts of Appeals, Certiorari; Appeal; Certified Questions, as
amended, 28 U.S.C. §1254 (1948). 2167
[Referred to in 33 U.S.C. §1157 (g) (2) ]
1.6a An Act to Codify, Revise and Amend the Laws Relating to
* Document in Dept. of Interior Library, but in nonreproducible condition.
2 Report unpublished.
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CONTENTS xxi
Page
the Judiciary, March 3, 1911, P.L. 61-175, §§239, 240, 36
Stat. 1157. . . 2168
1.6b Act to Amend the Judicial Code and to Further Define
the Jurisdiction of Circuit Courts of Appeal and of the
Supreme Court and for Other Purposes, February 13,1925,
P.L. 68-415, §1, 43 Stat. 93S-939. 2168
(1) Senate Committee on the Judiciary, S. REP. No. 362,
68th Cong., 1st Sess. (1924). 2174
(2) House Committee on the Judiciary, H.R. REP. No.
1075, 68th Cong., 2d Sess. (1925). 2178
(3) Congressional Record, Vol. 66 (1925):
(a) Feb. 2: Amended and passed House, p. 2880; 2188
(b) Feb. 3: Amended and passed Senate, p. 2928; 2188
(c) Feb. 4: House concurs in Senate amendments,
p. 3005. 2189
1.6c An Act in Reference to Writs of Error, January 31, 1928,
P.L. 70-10, §1, 45 Stat. 54. 2191
(1) House Committee on the Judiciary, H.R. REP. No.
370, 70th Cong., 1st Sess. (1928). 2191
(2) Congressional Record, Vol. 69 (1928):
(a) Jan. 14: Passed Senate, p. 1486; 2192
(b) Jan. 25: Passed House, p. 2040. 2192
1.6d 1934 Amendments to 1893 Act, June 7, 1934, P.L. 73-298,
48 Stat. 926. , 2192
(1) Senate Committee on the Judiciary, S. REP. No. 917,
73rd Cong., 2d Sess. (1934). 2193
(2) House Committee on the Judiciary, H.R. REP. No.
1748, 73rd Cong., 2d Sess. (1934). 2194
(3) Congressional Record, Vol. 78 (1934):
(a) May 10: Passed Senate, p. 8479; 2196
(b) June 5: Passed House, p. 10537. 2197
1.7 Davis-Bacon Act, as amended, 40 U.S.C. §§276a-276a-5 (1964) . 2198
[Referred to in 33 U.S.C. §1158 (g) ]
(See, "General 1.13a-1.13h" for legislative history)
1.8 Per Diem, Travel, and Transportation Expenses; Experts and
Consultants; Individuals Serving Without Pay, as amended, 5
U.S.C. §5703 (1966). 2202
[Referred to in 33 U.S.C. §§1159(a) (2) (B), 1160(c) (4), (i) ]
(See, "General 1.15a-1.15d(3) (c)" for legislative history)
1.9 1909 Boundary Waters Treaty Between Canada and the United
States and the Water Utilization Treaty of 1944 Between Mexico
and the United States, 36 Stat. 2448 (1909), 59 Stat. 1219 (1944). 2203
[Referred to in 33 U.S.C. §1160(d) (2) ]
1.9a Congressional Record, Vol. 91 (1945), April 18: Senate
advises and consents to treaty and supplementary proto-
col, pp. 3480-3492. 2247
1.10 Disclosure of Confidential Information Generally, as amended,
18 U.S.C. §1905 (1948). 2273
[Referred to in 33 U.S.C. §§1160 (f) (2), (k) (1); 1163 (g) (3)]
(See, "General 1.16a-1.16a(3) (c)" for legislative history)
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xxii CONTENTS
Page
1.11 Convention on the Territorial Sea and the Contiguous Zone,
Article XXIV, 15 U.S.T. 1612, 1613 (1958). 2274
[Referred to in 33 U.S.C. §1161 (a) (9)]
l.lla Congressional Record, Vol. 106 (1960), May 26: Ratifica-
tion Advised by Senate, pp. 11187, 11189-11192. 2274
1.12 International Convention for the Prevention of Pollution of the
Sea by Oil, 1954, Article IV, as amended, 17 U.S.T. 1528 (1954). 2278
[Referred to in 33 U.S.C. §1161 (b) (2) (A) 1
1.12a Congressional Record, Vol. 110 (1964), Feb. 2: Ratifica-
tion Advised by Senate, pp. 3471-3472, 3496. 2294
1.13 Granting Clearances, as amended, 46 U S C. §91 (1954). 2295
[Referred to in 33 U.S.C. §1161 (b) (5) ]
1.13a Customs Enforcement Act of 1935, August 5, 1935, P.L.
74-238, Title II, §209, 49 Stat. 526. 2297
(1) House Committee on Ways and Means, H.R. REP. No.
868, 74th Cong, 1st Sess. (1935). 2297
(2) Senate Committee on Finance, S. REP. No. 1036, 74th
Cong, 1st Sess. (1935). 2300
(3) Congressional Record, Vol. 78 (1935):
(a) June 11: Amended and passed House, p. 9077; 2302
(b) July 26: Passed Senate, p. 11939. 2302
1.13b 1938 Amendments to §§91, 92 of Title 46 U.S.C, June 16,
1938, P.L. 75-656, §1, 52 Stat. 758. 2302
(1) House Committee on Merchant Marine and Fisheries,
H.R. REP. No. 2521, 75th Cong, 3rd Sess. (1938). 2304
(2) Senate Committee on Commerce, S. REP. No. 2020,
75th Cong, 3rd Sess. (1938). , 2306
(3) Congressional Record, Vol. 83 (1938):
(a) June 6: Passed House, p. 8226; 2308
(b) June 13: Passed Senate, p. 8492. 2308
1.13c 1946 Reorganization Plan No. 3, §§101-104, May 16, 1946,
11 Fed. Reg. 7875, 60 Stat. 1097. 2308
1.13d Customs Simplification Act of 1954, September 1, 1954,
P.L. 83-768, Title V, §501 (a), 68 Stat 1140. 2310
(1) House Committee on Ways and Means, H.R. REP. No.
2453, 83rd Cong, 2d Sess. (1954). 2310
(2) Senate Committee on Finance, S. REP. No. 2326, 83rd
Cong, 2d Sess. (1954). 2312
(3) Congressional Record, Vol. 100 (1954):
(a) July 26: Passed House, p. 12036; 2312
(b) Aug. 12: Amended and passed Senate, p. 14264; 2312
(c) Aug. 16: House concurs in Senate amendments,
p. 14631.! 2312
1.14 Outer Continental Shelf Lands Act, 43 U.S.C. §1331 et seq.
(1953). 2313
[Referred to in 33 U.S.C. §1161 (i) (2) ]
1.14a Outer Continental Shelf Lands Act, August 7, 1953, P.L.
82-212, §§2-15, 67 Stat. 462. 2328
(1) House Committee on the Judiciary, H.R. REP. No.
413, 83rd Cong, 1st Sess. (1953). 2340
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CONTENTS xxiii
Page
VOLUME V
(2) Senate Committee on Interior arid Insular Affairs, S.
REP. No. 411, 83rd Cong., 1st Sess. (1953). 2349
(3) Committee of Conference, H.R. REP. No. 1031, 83rd
Cong., 1st Sess. (1953). 2434
(4) Congressional Record, Vol. 99 (1953):
(a) May 13: Amended and passed House, pp. 4881-
4895; 2450
(b) June 26: Amended and passed Senate, pp. 7250-
7265; 2481
(c) July 29: House agrees to conference report, p.
10420; 2514
(d) July 30: Senate agrees to conference report, pp.
10471-10476, 10478-10482, 10488-10490, 10492-
10500. 2514
1.15 Administrative Procedure, as amended, 5 U.S.C. §§551-559, 701-
705 (1968). 2556
[Referred to in 33 US.C. §§1162(b), 1163(e)]
1.15a Act to Enact Title 5, United States Code, September 6,
1966, P.L. 89-554, 80 Stat. 381-388, 392-393. 2570
(1) House Committee on the Judiciary, H.R. REP. No.
901, 89th Cong., 1st Sess. (1965). 2581
(2) Senate Committee on the Judiciary, S. REP. No. 1380,
89th Cong., 2d Sess. (1966). 2591
(3) Congressional Record:
(a) Vol. 112 (1965), Sept. 7: Passed House, p. 22954; 2600
(b) Vol. 113 (1966), July 25: Amended and passed
Senate, p. 17010; 2600
(c) Vol. 113 (1966), Aug. 11: House concurs in Sen-
ate amendments, p. 19077. 2600
1.15b To Amend Section 552 of Title 5, United States Code, June
5, 1967, P.L. 90-23, §1, 81 Stat. 54 2601
(1) House Committee on the Judiciary, H.R. REP. No.
125, 90th Cong., 1st Sess. (1967). 2604
(2) Senate Committee on the Judiciary, S. REP. No. 248,
90th Cong., 1st Sess. (1967). 2611
(3) Congressional Record, Vol. 113 (1967):
(a) April 3: Passed House, pp. 8109-8110; 2620
(b) May 19: Amended and passed Senate, pp. 13253-
13254; 2621
(c) May 25: House concurs in Senate amendments,
p. 14056. 2621
1.15c Act to Amend Title 5, 10, and 37, United States Code to
Codify Recent Laws, October 22, 1988, P.L. 90-623, §1(1),
82 Stat. 1312. 2622
(1) House Committee on the Judiciary, H.R. REP. No.
1721, 90th Cong., 2d Sess. (1968). 2622
(2) Senate Committee on the Judiciary, S. REP. No. 1624,
90th Cong., 2d Sess. (1988). 2623
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xxiv CONTENTS
Page
(3) Congressional Record, Vol. 114 (1968):
(a) Sept. 16: Amended and passed House, pp. 26929-
26930; 2624
(b) Oct. 11: Passed Senate, p. 30832. 2624
1.16 Higher Education General Provisions, Definitions, as amended,
20U.S.C. §1141 (1970). 2625
[Referred to in 33 U.S.C. §1169(1) (B) ]
1.16a Higher Education Act of 1985, November 8, 1965, P.L.
89-329, Title XII, §801, 79 Stat. 1269. 2627
(1) House Committee on Education and Labor, H.R. REP.
No. 621, 89th Cong., 1st Sess. (1965). 2628
(2) Senate Committee on Labor and Public Welfare, S.
REP. No. 673, 89th Cong., 1st Sess. (1965). 2629
(3) Committee of Conference, H.R. REP. No. 1178, 89th
Cong., 1st Sess. (1965). 2630
(4) Congressional Record, Vol. Ill (1965):
(a) Aug. 26: Debated, amended and passed House,
p. 21925; 2632
(b) Sept. 2: Debated, amended and passed Senate,
pp. 22714-22717; 2633
(c) Oct. 20: House agrees to conference report, p.
27678; 2633
(d) Oct. 20: Senate agrees to conference report, pp.
27595-27596. 2633
1.16b Higher Education Amendments of 1968, October 16, 1968,
P.L. 90-575, Title II, §§251, 293, 294, 82 Stat. 1042,1043, 1050,
1051. . 2633
(1) Senate Committee on Labor and Public Welfare, S.
REP. No. 1387, 90th Cong., 2d Sess. (1968). 2636
(2) House Committee on Education and Labor, H.R. REP.
No. 1649, 90th Cong., 2d Sess. (1968). 2644
(3) Committee of Conference, H.R. REP. No. 1919, 90th
Cong., 2d Sess. (1968). 2647
(4) Congressional Record, Vol. 114 (1968):
(a) July 15: Amended and passed Senate, p. 21272; 2651
(b) July 25: Amended and passed House, p. 23374; 2651
(c) Sept. 26: House agrees to conference report, pp.
28329, 28336-28337, 28339; 2651
(d) Oct. 1: Senate agrees to conference report, pp.
28975, 28982, 28983, 28985. . 2651
1.16c Higher Education Act Amendments of 1970, April 13,1970,
P.L. 91-230, Title VIII, §806 (b), 84 Stat. 192. 2651
(1) House Committee on Education and Labor H.R. REP.
No. 91-114, 91st Cong., 1st Sess. (1969). 2652
(2) Senate Committee on Labor and Public Welfare, S.
REP. No. 91-634, 91st Cong., 2d Sess. (1970). 2653
(3) Committee of Conference, H.R. REP. No. 91-937, 91st
Cong., 2d Sess. (1970). 2654
(4) Congressional Record:
(a) Vol.115 (1969), April 23: Considered and passed
House, p. 10098; 2655
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CONTENTS xxv
Page
(b) Vol. 116 (1970), Feb. 19: Amended and passed
Senate, p. 4141; .. 2655
(c) Vol. 116 (1970), April 1: Senate agreed to con-
ference report, p. 9999; 2655
(d) Vol. 116 (1970), April 7: House agreed to con-
ference report, p. 10623. . 2655
1.17 National Environmental Policy Act of 1969, 42 U.S.C. §4321 et
seq. (1970). 2656
[Referred to in 33 U.S.C. §1165a(a), (b)]
(See, "General 1.2a-1.2a(4) (e)" for legislative history)
1.18 Public Health Service Act, as amended, 42 U.S.C. §§241, 243, 246
(1970). 2663
(See, "General 1.12a-1.12ae(3) (c)" for legislative history)
1.19 The Water Resource Planning Act, as amended, 42 U.S.C. §1962,
etseq. (1971). 2681
1.19a "Water Resources Planning Act, July 22, 1965, P.L. 89-80,
79 Stat. 244. . 2705
(1) House Committee on Interior and Insular Affairs,
H.R. REP. No. 169, 89th Cong., 1st Sess. (1965). 2709
(2) Senate Committee on Interior and Insular Affairs, S.
REP. No. 68, 89th Cong., 1st Sess. (1965). 2736
(3) Committee of Conference, H.R. REP. No. 603, 89th
Cong., 1st Sess. (1965). 2748
(4) Congressional Record, Vol. Ill (1965):
(a) Feb. 25: Passed Senate, pp. 3621, 3626; 2764
(b) March 31: Amended and passed House, pp. 6406,
6412; 2766
(c) April 9: Senate request conference, p. 7676; 2766
(d) April 13: House appoints conferees, pp. 7926; 2766
(e) July 13: House agrees to conference report, pp.
16540, 16553-16554; 2767
(f) July 14: Senate agrees to conference report, pp.
16733-16735. . 2769
1.19b Rivers and Harbors Act of 1970, December 31, 1970, P.L.
91-611, Title II, §§209, 221, 84 Stat. 1829, 1831. 2773
(1) House Committee on Public Works, H.R. REP. No.
91-1665, 91st Cong., 2d Sess. (1970). 2774
(2) Senate Committee on Public Works, S. REP. No. 91-
1422, 91st Cong., 2d Sess. (1970). 2777
(3) Committee of Conference, H.R. REP. No. 91-1782, 91st
Cong., 2d Sess. (1970). 2778
(4) Congressional Record, Vol. 116 (1970):
(a) Dec. 7: Amended and passed House, p. 40148; 2780
(b) Dec. 19: Amended and passed Senate, pp. 40593-
40599, 40613, 40619-40620; 2782
(c) Dec. 18: House agrees to conference report, pp.
42509-42510, 42513-12514; 2782
(d) Dec. 19: Senate agrees to conference report, pp.
42724, 42727, 42728. 2786
1.19c Water Resources Planning Act Amendments of 1971, June
17, 1971, P.L. 92-27, 85 Stat. 77. 2787
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xxvi CONTENTS
Page
(1) House Committee on Interior and Insular Affairs,
H.R. REP. No. 92-197, 92d Cong., 1st Sess. (1971). 2787
(2) Ssnate Committee on Interior and Insular Affairs, S.
REP. No. 92-139, 92d Cong., 1st Sess. (1971). 2791
(3) Congressional Record, Vol. 117 (1971):
(a) May 17: Considered and passed House, pp.
H3981-H3982; . 2795
(b) June 7: Considered and passed Senate, pp.
S8377-S8378. 2796
1.20 Appalachian Regional Development Act of 1985, as amended,
40 App. U.S.C. §§212, 214 (1971). 2798
1.20a Appalachian Regional Development Act of 1965, March
9, 1965, P.L. 89-4, §§212, 214, 79 Stat. 16, 17. 2800
(1) Senate Committee on Public Works, S. REP. No. 13,
89th Cong., 1st Sess. (1965). 2802
(2) House Committee on Public Works, H.R. REP. No.
51, 89th Cong., 1st Sess. (1965). 2807
(3) Congressional Record, Vol. Ill (1965):
(a) Feb. 1: Amended and passed Senate, p. 1715;* 2809
(b) March 3: Passed House, p. 4030.* 2809
1.20b 1966 Reorganization Plan No. 2, May 10, 1966, 80 Stat.
1608. 2809
1.20c To Revise and Extend the Appalachian Regional De-
velopment Act of 1965, and to Amend the Public Works
and Economic Development Act of 1965, October 11, 1967,
P.L. 90-103, Title I, §§114,116, 81 Stat. 262, 263. 2812
(1) Senate Committee on Public Works, S. REP. No. 159,
90th Cong., 1st Sess. (1967). . 2814
(2) House Committee on Public Works, H.R. REP. No.
548, 90th Cong., 1st Sess. (1967). 2820
(3) Committee of Conference, H.R. REP. No. 706, 90th
Cong., 1st Sess. (1967). 2829
(4) Congressional Record, Vol. 113 (1967):
(a) April 26, 27: Debated, amended and passed Sen-
ate, p. 10964; 2831
(b) Sept. 13, 14: Debated, amended and passed
House, pp. 25286, 25288-25290, 25316-25317, 25578-
25579, 25618-25620; 2832
(c) Sept. 28: House agrees to conference report, p.
27183; 2832
(d) Sept. 29: Senate agrees to conference report, pp.
27327-27328. . 2832
1.20d 1969 Amendments to the Appalachian Regional Develop-
ment Act, November 25, 1969, P.L. 91-123, Title I, §107,
83 Stat. 215. 2833
(1) House Committee on Public Works, H.R. REP. No.
91-336, 91st Cong., 1st Sess. (1969). 2834
(2) Senate Committee on Public Works, S. REP. No. 91-
291, 91st Cong., 1st Sess. (1969). 2835
* Denotes pertinent section is not discussed—page number provided only as complete
legislative history.
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CONTENTS xxvii
Page
(3) Committee of Conference, H.R. REP. No. 91-614, 91st
Cong., 1st Sess. (1969). 2837
(4) Congressional Record, Vol. 115 (1969):
(a) July 8: Passed Senate, p. 18556;* 2838
(b) July 15: Amended and passed House, p. 19607;* 2838
(c) Nov. 5: Senate agrees to conference report, p.
33031;* .. 2838
(d) Nov. 19: House agrees to conference report, p.
34890.* 2838
1.20e Airport and Airway Development and Revenue Act of
1970, May 21, 1970, P.L. 91-258, Title I, §52 (b) (5), 84 Stat.
235. 2838
(1) House Committee on Interstate and Foreign Com-
merce, HR. REP. No. 91-801, 91st Cong., 1st Sess.
(1969). 2839
(2) Senate Committee on Commerce, S. REP. No. 91-565,
91st Cong., 1st Sess. (1969). • 2840
(3) Senate Finance Committee, S. REP. No. 91-706, 91st
Cong., 2d Sess. (1970). 2840
(4) Committee of Conference, H R. REP. No. 91-1074,
91st Cong., 2d Sess. (1970). 2841
(5) Congressional Record:
(a) Vol. 115 (1969), Nov. 6: Passed House, p. 33312;* 2841
(b) Vol. 116 (1970), Feb. 26: Amended and passed
Senate, p. 5083;* 2841
(c) Vol. 116 (1970), May 12: Senate agrees to con-
ference report, p. 15138;* 2842
(d) Vol. 116 (1970), May 13: House agrees to con-
ference report, p. 15297.* 2842
1.20f Appalachian Regional Development Act Amendments of
1971, August 5, 1971, P.L. 92-65, Title II, §210, 85 Stat. 171. 2842
(1) Senate Committee on Public Works, S. REP. No. 92-
273, 92d Cong., 1st Sess. (1971). 2843
(2) House Committee on Public Works, H.R. REP. No.
92-372, 92d Cong., 1st Sess. (1971). 2844
(3) Congressional Record, Vol. 117 (1971):
(a) July 21: Passed Senate, p. S11769;* 2846
(b) July 28: Passed House, p. H7328;* 2846
(c) July 30: Senate agrees to House amendments, p.
S12558.* 2846
1.21 The Disaster Relief Act, 40 U.S C. §4401, et seq. (1970). 2847
(See, "General 1.8a-1.8a(4) (f)" for legislative history)
1.22 Department of Transportation Act, 49 U S C. §1653 (f) (1968). 2867
(See, "General 15a-1.5a(3) (f)" for legislative history)
1.23 Federal Aid Highway Act, as amended, 23 U S.C. §109 (h) (1970). 2868
(See, "General 1.6a-1.6d(3) (f)" for legislative history)
1.24 Amortization of Pollution Control Facilities, as amended, 26
U.S.C. §169(d)(l)(B), (3) (1969). 2871
(See, "General 1.4a-1.4a(5) (c)" for legislative history)
1.25 Airport and Airway Development Act, 49 U.S.C. §§1712(f),
1716(c) (4), (e) (1970). 2875
(See, "General 1.7a-1.7a(4) (d)" for legislative history)
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xxviii CONTENTS
Page
1.26 Interest on Certain Government Obligations, as amended, 26
U.S.C. §103 (1969). 2878
(See, "General 1.9a-1.9d (4) (d)" for legislative history)
1.27 Fish and Wildlife Coordination Act, as amended, 16 U.S.C.
§§661-666c (1965). 2880
1.27a To Promote the Conservation of Wildlife, Fish and Game,
and for Other Purposes, March 10, 1934, P.L. 73-121, 48
Stat. 401. . 2889
(1) Senate Special Committee on Conservation of Wild-
life Resources, S. REP. No. 244, 73rd Cong., 2d Sess.
(1934). 2891
(2) House Committee on Agriculture, H.R. REP. No. 850,
73rd Cong., 2d Sess. (1934). 2892
(3) Congressional Record, Vol. 78 (1934):
(a) Feb. 6: Passed Senate, pp. 2010-2011; 2893
(b) March 5: Passed House, pp. 3725-3726. 2895
1.27b Reorganization Plan No. II, §4(e), (f), 53 Stat. 1433. 2899
(1) Message from the President of the United States,
H.R. DOC. No. 288, 76th Cong., 1st Sess. (1939). 2900
1.27c 1940 Reorganization Plan No. Ill, §3, 54 Stat. 1232. 2901
(1) Message from the President of the United States,
H.R. DOC. No. 681, 76th Cong., 3rd Sess. (1940). 2902
1.27d To Amend the Act of March 10, 1934, August 14, 1946,
P.L. 79-732, 60 Stat. 1080. 2903
(1) House Committee on Agriculture, H.R. REP. No. 1944,
79th Cong., 2d Sess. (1946). 2907
(2) Senate Committee on Agriculture, S. REP. No. 1698,
79th Cong., 2d Sess. (1946). 2912
(3) Senate Committee on Agriculture, S. REP. No. 1748,
79th Cong, 2d Sess. (1946). 2916
(4) Congressional Record, Vol. 92 (1946):
(a) May 7: Passed House, pp. 4560-4561; 2920
(b) July 17: Senate recommits, p. 9205; 2923
(c) July 29: Amended and passed Senate, p. 10349; 2924
(d) July 30: House concurs in Senate amendments,
p. 10489. 2925
1.27e To Amend the Act of March 10,1934, as amended, June 19,
1948, P.L. 80-697, 62 Stat. 497. . 2926
(1) House Committee on Merchant Marine and Fisheries,
H.R. REP. No. 504, 80th Cong., 1st Sess. (1947). 2927
(2) Senate Committee on Interstate and Foreign Com-
merce, S. REP. No. 1448, 80th Cong., 2d Sess. (1948). 2934
(3) Congressional Record:
(a) Vol. 93 (1947), June 16: Passed House, pp. 7086-
7087; 2938
(b) Vol. 94 (1948), June 10: Amended and passed
Senate, p. 7693; 2940
(c) Vol. 94 (1948), June 11: House concurs in Senate
amendments, p. 7889. 2940 I
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CONTENTS xxix
Page
1.27f To Amend the Act of March 10, 1934, as amended, August
12,1958, P.L. 85-624, §2, 72 Stat. 563. 2940
VOLUME VI
(1) House Committee on Merchant Marine and Fisheries,
H.R. REP. No. 2183, 85th Cong., 2d Sess. (1958). 2947
(2) Senate Committee on Interstate and Foreign Com-
merce, S. REP. No. 1981, 85th Cong., 2d Sess. (1958). 2958
(3) Congressional Record, Vol. 104 (1958):
(a) July 21: Passed House, pp. 1440-1442; 2979
(b) July 31: Passed Senate, p. 15713. 2979
1.27g Federal Water Project Recreation Act, July 9, 1985, P.L.
89-72, §6 (b), 79 Stat. 216. 2979
(1) Senate Committee on Interior and Insular Affairs, S.
REP. No. 149, 89th Cong., 1st Ssss. (1985). 2980
(2) House Committee on Interior and Insular Affairs,
H.R. REP. No. 254, 89th Cong., 1st Sess. (1965). 2983
(3) Committee of Conference, H.R. REP. No. 538, 89th
Cong., 1st Sess. (1965). 2984
(4) Congressional Record, Vol. Ill (1965):
(a) April 13: Amended and passed Senate, p. 7891; 2985
(b) May 18: Amended and passed House, p. 10881; 2985
(c) June 23: House agrees to conference report, p.
14464; 2985
(d) June 25: Senate agrees to conference report, p.
14814.* . 2985
1.28 Public Works and Economic Development Act of 1965, 42 U.S.C.
§3136(1965). 2986
1.28a Public Works and Economic Development Act of 1965,
August 26, 1965, P.L. 89-135, §106, 79 Stat. 554. 2986
(1) Senate Committee on Public Works, S. REP. No. 193,
89th Cong., 1st Sess. (1965) .* 2987
(2) House Committee on Public Works, H.R. REP. No.
539, 89th Cong., 1st Sess. (1965).* 2988
(3) Congressional Record, Vol. Ill (1965):
(a) June 1: Debated, amended and passed Senate,
p. 12183;* 2988
(b) Aug. 12: Debated, amended, and passed House,
pp. 20250-20251; 2988
(c) Aug. 16: Senate concurs in House amendments,
p. 20571.* 2988
1.28b Reorganization Plan No. 2 of 1966, 80 Stat. 1608. 2989
(1) Message from the President of the United States, H.R.
DOC. No. 388, 89th Cong, 2d Sess. (1966). 2991
1.29 River and Harbor Act of 1910, 33 U.S.C. §421. 2994
[Referred to in 33 U.S.C. §1371 (b) ]
1.29a River and Harbor Act of 1910, June 23, 1910, P.L. 61-245,
36 Stat. 593. . . 2995
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(1) House Committee on Interstate and Foreign Com-
merce, H.R. REP. No. 1120, 61st Cong., 2d Sess.
(1910). 2996
(2) Committee on Conference, H.R. REP. No. 1613, 61st
Cong., 2d Sess. (1910).* . 3003
(3) Congressional Record, Vol. 45 (1910):
(a) May 2: Amended and passed House, p. 5672;* 3003
(b) May 12: Amended and passed Senate, p. 6119;* 3003
(c) June 16: Senate agrees to conference report, p.
8219;* . 3003
(d) June 17: House agrees to conference report, p.
8439.* . 3003
1.30 Supervisory Harbors Act of 1888, as amended, 33 U.S.C. §§441-
451 (1958) 3003
[Referred to in 33 U.S.C. §1371.]
l.SOa. New York Harbor Act of 1888, June 29, 1888, P.L. 50-496,
25 Stat. 209. 3010
(1) Senate Committee on Commerce, S. REP. No. 224,
50th Cong, 1st Sess. (1888). 3012
(2) House Committee on Commerce, H.R. REP. No. 1963,
50th Cong, 1st Sess. (1888). 3015
(3) Congres:ional Record, Vol. 19, (1888):
(a) March 21, April 6: Debated, amended and
passed Senate, pp. 2300-2301, 2775;* 3015
(b) June 4: Debated, amended and passed House,
pp. 4889-4890; . 3015
(c) June 14: Senate concurs in House amendments,
p. 5239.* 3018
1.30b River and Harbor Act of 1894, August 18, 1894, P.L.
53-299, §§3, 5, 28 Stat. 360 3018
(1) House Committee on Rivers and Harbors, H.R.
REP. No. 639, 53rd Cong., 2d Sess. (1894) .* 3023
(2) Senate Committee on Commerce, S. REP. No. 519,
53rd Cong, 2d Sess. (1894).* 3023
(3) Committee of Conference, 53rd Cong, 2d Sess, Con-
gressional Record, Vol. 26 (1894), pp. 8173-8175.* 3023
(4) Congressional Record, Vol. 26 (1894):
(a) May 4: Debated, amended and passed House,
pp. 4376,4430; . . ... 3023
(b) July 13: Amended and passed Senate, p. 7414;* 3024
(c) Aug. 6: Senate agreed to conference report, p.
8230;* 3024
(d) Aug. 6: House agreed to conference report, p.
8251.* 3024
l.SOc 1908 Amendments to 1894 Act, May 28, 1908, P.L. 60-
152, §8, 35 Stat. 426. 3024
(1) House Committee on the Merchant Marine and
Fisheries, H.R. REP. No. 1672, 60th Cong, 1st Sess.
(1908). 3028
(2) Senate Committee on Commerce, 60th Cong, 1st
Sess, Congressional Record, Vol. 42 (1908), p. 6963.* 3030
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CONTENTS xxxi
Page
(3) Congressional Record, Vol. 42 (1908):
(a) May 25: Considered and passed House, pp.
6901-6905; . 3030
(b) May 26: Considered and passed Senate, pp.
6963-6972.* 3034
1.30d 1909 Amendments to 1908 Act, February 16, 1909, P.L.
60-231, 35 Stat. 623. 3034
(1) House Committee on the Merchant Marine and
Fisheries, H.R. REP. No. 2102, 60th Cong., 2d Sess.
(1909). . 3035
(2) Congressional Record, Vol. 43 (1909):
(a) Feb. 10: Amended and passed House, p. 2149;* 3036
(b) Feb. 11: Passed Senate, pp. 2195-2196.* 3036
l.SOe Repealing Certain Obsolete Provisions of Law Relating
to the Naval Service, June 29, 1949, P.L. 81-144, 63 Stat.
300. 3036
[No Relevant Discussion]
l.SOf 1952 Amendments to the New York Harbor Act of 1888,
July 12, 1952, P.L. 82-526, 66 Stat. 596. 3036
(1) House Committee on Public Works, H.R. REP. No.
2260, 82d Cong., 2d Sess. (1952). 3037
(2) Senate Committee on Public Works, S. REP. No.
2088, 82d Cong., 2d Sess. (1952). 3039
(3) Congressional Record, Vol. 98 (1952):
(a) June 25: Passed House, p. 8079;* 3040
(b) July 4: Passed Senate, p. 9317.* 3040
1.30g 1958 Amendments to Act of 1888, August 28, 1958, P.L.
85-802, §1, 72 Stat. 970. 3040
(1) House Committee on Public Works, H.R. REP. No.
2233, 85th Cong., 2d Sess. (1958). 3042
(2) Senate Committee on Public Works, S. REP. No.
2383, 85th Cong., 2d Sess. (1958). 3050
(3) Congressional Record, Vol. 104 (1958):
(a) Aug. 4: Amended and parsed House, pp. 16021-
16022.* 3052
(b) Aug. 18: Passed Senate, p. 18033.* 3052
1.31 Watershed Protection and Flood Prevention Act, as amended,
16 U.S.C. §1005 (1972). 3052
1.31a Rural Development Act of 1972, August 30, 1972, P.L.
92-419, §201 (g), 86 Stat. 669. 3053
(1) House Committee on Agriculture, H.R. REP. No.
92-835, 92d Cong., 2d Sees. (1972). 3055
(2) Senate Committee on Agriculture and Forestry, S.
REP. No. 92-734, 92d Cong., 2d Se?s. (1972). 3062
(3) Committee of Conference, H.R. REP. No. 92-1129,
92d Cong., 2d Sess. (1972). 3068
(4) Congressional Record, Vol. 118 (1972):
(a) Feb. 23: Considered and passed House;* 3068
(b) April 19, 20: Considered and passed Senate,
amended, in lieu of S. 3462,* 3068
(c) July 27: House agreed to conference report;* 3068
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xxxii CONTENTS
Page
(d) Aug. 17: Senate agreed to conference report.* 3068
1.32 Reefs for Marine Life Conservation, 16 U.S.C. §1220 (1972). 3069
1.32a Commerce Department Maritime Programs, August 22,
1972, P.L. 92-402, §3 (b), 86 Stat. 617. . . . 3069
(1) House Committee on Merchant Marine and Fish-
eries, H.R. REP. No. 92-934, 92d Cong., 2d Sess.
(1972).* . . 3070
(2) Senate Committee on Commerce, S. REP. No. 92-
841, 92d Cong., 2d Se^s. (1972) .* 3071
(3) Congressional Record, Vol. 118 (1972):
(a) April 11: Considered and Passed House;* 3071
(b) July 26: Considered and passed Senate,
amended, S11935-S11937; . . 3071
(c) Aug. 14: House concurred in Senate amend-
ments.* 3077
1.33 Coastal Zone Management Act of 1972, 16 U.S.C. §1451 et seq.
(1972). 3077
1.33a Marine Resources and Engineering Development Act of
1966, Amendments, October 27, 1972, P.L. 92-583,
§307(3) (f), 86 Stat. 1286. . . 3087
(1) Senate Committee on Commerce, S. REP. No. 92-
753, 92d Cong., 2d Sess. (1972). 3099
(2) House Committee on Merchant Marine and Fish-
eries, H.R. REP. No. 92-1049, 92d Cong., 2d Se=s.
(1972). . 3104
(3) Committee of Conference, H.R. REP. No. 92-1544,
92d Cong., 2d Sess. (1972). 3111
(4) Congressional Record, Vol. 118 (1972):
(a) April 25: Considered and passed Senate, pp.
S6654-S6673; 3112
(b) Aug. 2: Considered and passed, House, amended,
in lieu of H.R. 14146;* 3142
(c) Oct. 12: House and Senate agreed to conference
report.* 3142
2. EXECUTIVE ORDERS
2.1 E.O. 11490, Assigning of Emergency Preparedness Functions to
Federal Agencies and Departments, October 30, 1969, 34 Fed.
Reg. 17567. 3145
2.2 E.O. 11507, Prevention, Control, and Abatement of Air and
Water Pollution at Federal Facilities, February 4, 1970, 35 Fed.
Reg. 2573. 3197
2.3 E.O. 11514, Protection and Enhancement of Environmental
Quality, March 5,1970, 35 Fed. Reg. 4247. 3203
2.4 E.O. 11548, Delegating Functions of the President Under the
Federal Water Pollution Control Act, as amended, July 20, 1970,
35 Fed. Reg. 11677. 3207
2.5 E.O. 11574, Administration of the Refuse Act Permit Program,
December 23, 1970, 35 Fed. Reg. 19627. 3211
2.5a Statement by the President on Signing an Executive
Order Providing for the Establishment of a Federal Permit
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CONTENTS xxxiii
Page
Program to Regulate the Discharge of Waste into the
Waters of the United States, Weekly Compilation of Presi-
dential Documents, December 23, 1970, p. 1724. 3212
2.5b Congressional Record, Vol. 117 (1971), Feb. 4: House dis-
cussion of the Refuse Act Permit Program, pp. 1754-1763. 3213
2.5c Congressional Record, Vol. 117 (1971), Feb. 4: Sanate dis-
cussion of the 1899 Refuse Act, pp. 1673; 1679-1684; 3233
2.6 E.O. 11575, Administration of the Disaster Relief Act of 1970,
December 31, 1970, 36 Fed. Reg. 37. 3244
2.7 E.O. 11578, Ohio River Basin Commission, January 13, 1971, 36
Fed. Reg. 683. 3246
2.8 E.O. 11613, Membership of Environmental Protection Agency
on the Established River Basin Commissions, August 2, 1971,
36 Fed. Reg. 14299. 3248
2.9 E.O. 11331, Establishment of Pacific Northwest River Basins
Commission, March 6, 1967, 32 Fed. Reg. 3875, as amended by
E.O. 11613, Aug. 2, 1971, 36 Fed. Reg. 14299. 3249
2.10 E.O.11345, Establishment of the Great Lakes Basin Commission,
April 20, 1967, 32 Fed. Reg. 6329, as amended by E.O. 11613,
Aug. 2, 1971, 36 Fed. Reg. 14299; E.O. 11646, Feb. 8, 1972, 37
Fed. Reg. 2925. 3251
2.11 E.O. 11359, Establishment of the Souris-Red-Rainy River Basin
Commission, June 20, 1967, 32 Fed. Reg. 8851, as amended
by E.O. 11613, Aug. 2, 1971, 36 Fed. Reg. 14299; E.O. 11635, Dec.
9, 1971, 36 Fed. Reg. 23615. . 3253
2.12 E.O. 11371, Establishment of the New England River Basins
Commission, September 6, 1967, 32 Fed. Reg. 12903, as amended
by E.O. 11528, Apr. 24, 1970, 35 Fed. Reg. 6695; E.O. 11613,
Aug. 2, 1971. 3255
2.13 E.O. 11658, Establishment of the Missouri River Basin Commis-
sion, March 22, 1972, 37 Fed. Reg. 6045. 3257
2.14 E.O. 11659, Establishment of the Upper Mississippi River Basin
Commission, March 22, 1972, 37 Fed. Reg. 6047. 3259
3. REGULATIONS
3.1 Grants for Water Pollution Control, Environmental Protection
Agency, 18 C.F.R. §§501.1-601.125 (1971). 3261
3.2 Certification of Facilities, Environmental Protection Agency, 40
C.F.R. §§20.1-20.10 (1971).
3.3 Water Pollution Control Planning, Environmental Protection
Agency, 40 C.F.R. §§35.001-35.002, 35.150 (1972).
3.4 Water Quality Management Planning Grants, Environmental
Protection Agency, 40 C.F.R. §§35.200-35.240 (1972).
3.5 Water Pollution Control and Interstate Program Grants, Envi-
ronmental Protection Agency, 40 C.F.R. §§35.551-35.575 (1972).
3.6 Grants for Construction of Wastewater Treatment Works,
Environmental Protection Agency, 40 C.F.R. §§35.800-35.850
(1972).
3.7 Grants for Construction of Treatment Works—Federal Water
Pollution Control Act Amendments of 1972, Environmental
Protection Agency, 40 C.F.R. §§35.910 (1972).
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xxxiv CONTENTS
Page
3.8 Standard Setting Conferences, Hearings and Notification of
Alleged Violators of Water Quality Standards, Environmental
Protection Agency, 40 C.F.R. §§104.1-104.24 (1972).
3.9 Public Hearings Under Federal Water Pollution Control Act,
Environmental Protection Agency, 49 C.F.R. §§106.1-108.13
(1972). . .
3.10 Filing of Reports with the Administrator by Persons Whose
Alleged Activities Result in Discharges Causing or Contributing
to Water Pollution, Environmental Protection Agency, 40 C.F.R.
§§107.1-107.7 (1971).
3.11 Criteria for State, Local, and Regional Oil Removal Contingency
Plans, Environmental Protection Agency, 40 C.F.R. §§109.1-
109.6 (1971).
3.12 Discharge of Oil, Environmental Protection Agency, 40 C.F.R.
§§110.1-110.9 (1971).
3.13 Water Quality Standards, Environmental Protection Agency,
40 C.F.R. §§120.1-120.11 (1972).
3.14 Revision of Water Quality Standards, Environmental Protec-
tion Agency, 40 C.F.R. §§122.1-122.14 (1971).
3.15 State Certification of Activities Requiring a Federal License
or Permit, Enrivronment Protection Agency, 40 C.F.R. §123
(1972). . . .
3.16 Marine Sanitation Device Standards, Environmental Protec-
tion Agency, 40 C.F.R. §§140.1-140.5 (1972).
3.17 Control of Pollution by Oil and Hazardous Substances, Dis-
charge Removal, Department of Transportation, 33 C.F.R.
§§153.01-153.105 (1970). ....
3.18 Corps of Engineers Regulations Under Refuse Act, Permit for
Discharge or Disposal Into Navigable Waters, 33 C.F.R. §§209.10-
209.13 (1971).
3.19 Drinking Water Standards, Public Health Service, 42 C.F.R.
§§72.201-72.207 (1971). ....
3.20 Financial Responsibility for Oil Pollution Cleanup, Federal
Maritime Commission, 46 C.F.R. §§542.1-542.9 (1971).
3.21 Delegation of Authority With Respect to the Administration of
Water Quality Improvement Act of 1970, Department of Trans-
portation, 49 C.F.R. §1.46 (1971).
4. GUIDELINES AND REPORTS
4.1 EPA Annual Report on National Requirements and Costs of
Water Pollution Control, as required by 33 U.S.C. §1175 (a) as
amended (1970). 3267
4.1a Cost of Clean Water, Vol. I, Municipal Investment Needs,
Vol. II, Cost Effectiveness and Clean Water, Environ-
mental Protection Agency, March 1971. 3267
4.1b Economics of Clean Water, Vol. I & II, Environmental
Protection Agency, February 1972. 3391
4.2 Selected Reports:
4.2a Federal Laws Affecting Rivers and Harbors Works, A
Lecture Given by Judge G. W. Koonce, O.C.E. Before the
Company Officers Class, the Engineering School, Ft.
Humphreys, Va., April 23,1926. . .. 3517
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CONTENTS xxxv
Page
VOLUME VII
4.2b Our Waters and Wetlands: How the Corps of Engineers
Can Help Prevent Their Destruction and Pollution, Com-
mittee on Government Operations, H R. REP. No. 91-917,
91st Cong., 2d Sess. (1970). 3533
4.2c Qui tarn Actions and the 1899 Refuse Act, Citizen Law-
suits Against Polluters of the Nations Waterways, House
Subcommittee on Conservation and Natural Resources of
the Committee on Government Operations, 91st Cong.,
2d Sess. (1970). 3556
4.2d Clean Water for the 1970's, a Status Report, U.S. Depart-
ment of the Interior, Federal Water Quality Administra-
tion, June 1970. . .. . 3592
4.3 National Oil and Hazardous Material Pollution Contingency
Plan, Council on Environmental Quality, August 20, 1971. 3706
4.4 Guidelines for Litigation Under the Refuse Act Permit Program,
Department of Justice, April 7, 1972. 3720
4.5 Water Quality Standards Summaries:
4.5a "Standards for Temperature," Environmental Protection
Agency, Division of Water Quality Standards, March 1971. 3722
4.5b "Standards for Disinfection," Environmental Protection
Agency, Division of Water Quality Standards, May 1971. 3732
4.5c "Standards for Mercury and Heavy Metals," Environ-
mental Protection Agency, Division of Water Quality
Standards, May 1971. 3739
4.5d "Standards for Radioactive Materials," Environmental
Protection Agency, Division of Water Quality Standards,
May 1971. 3747
4.5e "Standards for Phosphates," Environmental Protection
Agency, Division of Water Quality Standards, June 1971. 3750
4.5f "Standards for Mixing Zones," Environmental Protection
Agency, Division of Water Quality Standards, September
1971. 3767
4.5g "Standards for Radioactive Materials," Environmental
Protection Agency, Division of Water Quality Standards,
November 1971. 3775
4.5h "Standards for Nitrates," Environmental Protection
Agency, Division of Water Quality Standards, November
1971. 3782
4.5i "Standards for Antidegradation," Environmental Pro-
tection Agency, Division of Water Quality Standards,
April 1972. 3813
4.6 Memorandum of Understanding Between the Environmental
Protection Agency and the Department of Transportation, 36
Fed. Reg. 24080 (1971). 3831
4.7 Discharges of Oil for Research Development and Demonstra-
tion Purposes, Guidelines, Environmental Protection Agency, 36
Fed. Reg. 7326 (1971). 3834
4.8 Memorandum of Understanding Providing for Cooperation in
the Investigation of Violations of the Refuse Act Between Ad-
-------
xxxvi CONTENTS
ministrator of the Environmental Protection Agency and the
Secretary of the Army, 36 Fed. Reg. 3074 (1971). 3836
4.9 Report to Congress on Water Pollution Control Manpower De-
velopment and Training Activities, Environmental Protection
Agency, Office of Water Programs, March 1972. . . 3839
-------
STATUTES AND LEGISLATIVE HISTORY 2349
as applied to those lands located within the State boundaries and
therefore, should be revoked with regard to the lands in the outer
Continental Shelf beyond State boundaries.
Section 20 is merely an authorization for necessary appropriations
to effectuate provisions of the act.
Section 21 is a detailed and elaborate separability clause which is
designed to preserve the validity of the entire remainder of the act
if any particular section should be held to be invalid. This section
transposes the identical separability clause which was section 11 of
the Submerged Lands Act.
[P. 7]
1.14a(2) SENATE COMMITTEE ON INTERIOR
AND INSULAR AFFAIRS
S. REP. No. 411, 83rd Cong., 1st Sess. (1953)
OUTER CONTINENTAL SHELF LANDS ACT
JUNE 15 (legislative day, JUNE 8), 1953.—Ordered to be printed
Mr. CORDON, from the Committee on Interior and Insular Affairs,
submitted the following
RE P O R T
Together with
MINORITY VIEWS
[To accompany S. 1901]
The Senate Committee on Interior and Insular Affairs, to whom
was referred the bill, S. 1901, to provide for the jurisdiction of the
United States over the submerged lands of the outer Continental
Shelf, and to authorize the Secretary of the Interior to lease such
lands for certain purposes, having considered the same, report favor-
ably thereon with amendments and recommend that the bill, as
amended, do pass.
Despite the fact that the area and issues concerned in outer Con-
tinental Shelf legislation were extensively discussed in the hearings
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2350 LEGAL COMPILATION—WATER
held earlier this year on Senate Joint Resolution 13, the measure that
became the Submerged Lands Act (Public Law 31, 83d Cong.), the
committee held 13 days of hearings on S. 1901, including evening
sessions. Approximately 2,500 printed pages of testimony and ex-
hibits have been submitted on the issues presented by the submerged
lands problems during this session of the Congress.
II. THE AMENDMENTS
For the most part, the committee's amendments are perfecting,
and primarily administrative or clarifying in nature. All of the
amendments sponsored by the committee are presented seriatim in
a succeeding section of this report. Each is numbered, and an ex-
planation of the amendment, keyed to the number, set forth below.
The primary changes of policy and substance made by the com-
mittee are:
[p. 1]
(1) In sections 3 (a) and 4 (a) (1), the jurisdiction and
plenary control of the United States is extended to the seabed
and subsoil of entire outer Continental Shelf adjacent to the
shores of the United States instead of merely to the natural
resources of the subsoil and seabed and to structures for their
development, such as artificial islands, fixed drilling platforms,
and pipelines, as provided in the bill as introduced.
(2) In section 4 (a) (2), the laws of the adjacent States are
adopted as the law of the United States with respect to the sub-
soil and seabed of the outer sb,elf, and to structures connected
with the development of its mineral resources. The State laws
adopted will supplement Federal laws and the regulations of the
Secretary of the Interior respecting the area.
At the same time, an amendment to the wording of section 3 (b)
makes abundantly clear the unequivocal legislative intent of the com-
mittee that the jurisdiction asserted is a "horizontal jurisdiction,"
extending only to the seabed and subsoil, and does not in anywise
affect the character as high seas of the waters, above that seabed and
subsoil nor their use with respect to navigation and fishing.
III. PURPOSE OF THE BILL
The purpose of S. 1901, as amended, is to assert the exclusive juris-
diction and control of the Federal Government of the United States
over the seabed and subsoil of the outer Continental Shelf, and to
provide for the development of its vast mineral resources. As a
concomitant of this latter purpose, good-faith leases issued prior to
the Supreme Court decisions by the coastal States on areas now em-
-------
STATUTES AND LEGISLATIVE HISTORY 2351
braced within the outer shelf which meet some 11 or more carefully
specified requirements are validated and the holders authorized to
conduct operations under them. The equities of the lessees and the
background facts connected with such validation are hereinafter
discussed in detail.
To carry out the primary purposes of the measure, a body of law is
extended to the outer shelf area, consisting of:
(a) The constitution and the laws, and the civil and political juris-
diction, of the Federal Government;
(b) the regulations, rules, and operating orders of the Secretary of
the Interior; and
(c) in the absence of such applicable Federal law or adequate
Secretarial regulation, the civil and criminal laws of the State adja-
cent to the outer shelf area. Such State laws are adopted as Federal
law for the area of the shelf that would be within the boundaries of
the State if such boundaries were extended seaward to the outer
margin of the outer shelf.
Revenues
Under the terms of the bill as reported all revenues accruing to the
Government from mineral operations on the outer shelf are paid into
the Federal Treasury and are covered into miscellaneous receipts.
Such revenues include royalties of not less than one-eighth of the oil
and gas produced, and in the case of sulfur, not less than one-tenth,
and bonuses and rentals.
The committee considered but did not adopt a proposed amend-
ment, sponsored by Senator Lister Hill of Alabama and other Sen-
ators, to
[p. 2]
dedicate these revenues to national security purposes in the pres-
ent emergency and then as grants-in-aid to primary, secondary,
and higher education. Senator Robert Hendrickson of New Jersey
submitted to the committee a proposed amendment in the nature of
a substitute which would have provided for exclusive Federal con-
trol in the outer shelf and distribution of revenues to the States on
a school population per capita basis. Senator Hendrickson's proposal
also was considered but not adopted. Another proposed amendment,
which would have given to the States one-half of the amount of the
additional royalty collected in lieu of State severance taxes to com-
pensate for services rendered the workers of the outer shelf and their
families by the States, likewise was not adopted.
In order to prevent the lessees from receiving a windfall in being
relieved from paying a tax they contemplated paying when they bid
in their leases with the States, the bill provides that the Federal
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2352 LEGAL COMPILATION—WATER
Government will collect as additional royalties, over and above the
royalties and rentals provided in the lease, an amount equal to the
taxes the lessees would have been required to pay under State law.
State taxation laws
It is the committee's collective judgment that under the terms of
S. 1901 as reported, State taxation laws necessarily are excluded from
applicability in this area of exclusive Federal jurisdiction not inside
the boundaries of any State. Paragraph (3) of section 4 (a) specifi-
cally commands that—•
The provisions of this section for adoption of State law as the law of the United
States shall never be interpreted as a basis for claiming any interest in or juris-
diction on behalf of any State for any purpose over the seabed and subsoil of the
outer Continental Shelf, or the property and natural resources thereof or the
revenues therefrom.
State conservation laws
The committee received very impressive evidence of the excellence
of State conservation laws and practices, and the desirability of ex-
tending such State laws and practices to the area of Federal juris-
diction beyond State boundaries. The committee also received ev-
idence of the comprehensive Federal conservation system established
by the Secretary of the Interior under the authority of the Mineral
Leasing Act for Federal public lands. It is evident from the history
of Federal conservation on areas of Federal jurisdiction within the
borders of a State that the Federal Government has cooperated fully
with State conservation authorities, and that the two systems can
operate together. Therefore, consistent with the philosophy of S. 1901
as a Federal-control bill, the committee has left conservation au-
thority in the Secretary of the Interior, but recommends that he con-
tinue to cooperate fully with State conservation bodies.
As stated in its report on Senate Joint Resolution 13, the measure
that became the Submerged Lands Act (Public Law 31, 83d Cong.),
the problem facing the committee in providing legislation for the
outer Continental Shelf was an extremely complex one, and new to
our legal and political experience. There are no precedents what-
ever in American jurisprudence. The limited experience of other
maritime nations, such as England, in dealing with the Continental
Shelf was of little assistance because our system of dual Federal-
State sovereignty, with its problem of concurrent and conflicting
sovereignty,
[p. 3]
does not exist elsewhere. In the submerged lands report the com-
mittee stated:
The complexity of the problem presented by the assumption by the United
-------
STATUTES AND LEGISLATIVE HISTORY 2353
States of jurisdiction and control over the subsoil and seabed of the outer Conti-
nental Shelf is immediately apparent from even a cursory examination of the
Presidential proclamation, [id est proclamation No. 2667, issued September 28,
1945; the text is set forth in the appendix]. The declaration is limited to juris-
diction and control of the resources of the land mass; as stated in the proclama-
tion—"the character as high seas of the waters above the Continental Shelf and
the right to their free and unimpeded navigation are in no way thus affected."
Clearly, we have here neither absolute sovereignty nor absolute ownership.
It must follow that the interest of the United States is, from a national and an
international standpoint, politically and legally sui generis. What Federal laws
are applicable, what should apply? In what court, where situated, does jurisdic-
tion lie or where should it be placed? Should new Federal law be enacted where
existing statutes are wholly inadequate or should the laws of abutting States
be made applicable? The necessity for answering these questions is clear when
we take note of the fact that the full developments of the estimated values in the
shelf area will require the efforts and the physical presence of thousands of workers
on fixed structures in the shelf area. Industrial accidents, accidental death,
peace and order—these and many other problems and situations need and must
have legislative attention.
IV. DESCRIPTION OF OUTER CONTINENTAL SHELF
The Continental Shelf is defined as the extension of the land mass
of the continents out under the waters of the ocean to the point where
the continental slope leading to the true ocean bottom begins. This
point is generally regarded as a depth of approximately 100 fathoms,
or 600 feet, more or less. In countries using the metric system, the
outer limit of the self is generally regarded as a depth of 200 meters,
which is approximately the same as the 100-fathoms mark adopted
by England and America.
In his testimony in 1949 before the Senate Interior and Insular
Affairs Committee, the former Secretary of the Interior gave the
following description of the Continental Shelf:
These lands begin at the low-water mark along the open sea, or at the seaward
boundary of inland waters—such as bays, ports, and the mouths of rivers—and
extend seaward for varying distances at different places.
The Continental Shelves are slightly submerged portions of the continents that
surround all the continental areas of the earth. Along some portions of the coasts
they are very broad, gently sloping platforms; and at other places they are narrow.
The outer boundary of each shelf is marked by an increase in the gradient of slope
of the sea floor. This occurs generally at a depth of approximately 100 fathoms,
or 600 feet. Beyond the 100-fathom line, the outer slopes of the_ Continental
Shelves are inclined more steeply toward the ocean deeps.
Along the Atlantic coast and in the Gulf of Mexico the Continental Shelves are
generally very broad. Off the New England coast, where the width is greatest,
the shelf extends seaward about 250 miles. Elsewhere along the Atlantic coast
it ranges in width from about 40 to about 100 miles except for a relatively narrow
strip along the east coast of Florida. In the Gulf of Mexico the average width
of the broad shelf off the west coast of Florida is about 150 miles, and elsewhere
-------
2354 LEGAL COMPILATION—WATER
in the Gulf the shelf is from 40 to 150 miles wide except where the land area formed
by the Delta of the Mississippi River has been extended across the shelf almost
to its outer edge.
Off the Pacific Coast States the Continental Shelf is relatively narrow, ranging
in width from 5 miles or less to a maximum of about 40 miles.
The Continental Shelves along the coasts of the United States comprise a total
area of approximately 290,000 square miles, with nearly 270,000 square miles, or
over 90 percent of the total area, located along the Atlantic and Gulf coasts.
The Continental Shelf adjoining the Alaska coast has a very large area, totaling
about 600,000 square miles. The shelf forms a broad link with Asia across the
[P. 4]
Bering Sea, and it extends northward from the Bering Straits and the Arctic
coast for distances that average more than 100 miles (hearings, Senate Interior and
Insular Affairs Committee, 81st Cong., 1949, on S. 923 and related measures, p. 65).
It will be noted that the foregoing definitions deal with the Con-
tinental Shelf as a whole, and are not restricted to the area which is
the subject matter of S. 1901, namely, the outer Continental Shelf.
Section 2 of the bill as reported defines this area in terms of the Sub-
merged Lands Act (Public Law 31, 83d Cong.), stating that it is the
area "lying seaward and outside" of the lands beneath navigable
waters as defined in the Submerged Lands Act, and "of which the
subsoil and seabed appertain to the United States and are subject to
its jurisdiction and control."
In the Submerged Lands Act, the text of which is set forth in the
appendix, lands beneath navigable waters are defined as submerged
lands within State seaward boundaries.
Size and resources
Although the area has not, of course, been accurately surveyed,
officials of the United States Geological Survey inform the committee
that the area inside historic State boundaries is approximately 27,000
square miles, or about 10 percent of the total area of the shelf. Thus
the outer shelf can be estimated to contain 261,000 square miles,
which is, in turn, almost 10 percent of the upland area of continental
United States.
According to information furnished the committee by the Geolog-
ical Survey, the area of the outer Continental Shelf off Louisana com-
prises some 25,300 square miles, and that off Texas some 27,300
square miles. Proved reserves off Louisiana total 335 million barrels
of oil and 2,100 million m.c.f. of gas. There are no proved reserves
beyond the lOVa mile line off the coast of Texas, according to the
Geological Survey.
However, the Geological Survey estimates that there are potential
reserves in the outer shelf off Texas totaling 7,800 million barrels of
oil and 39 billion m.c.f. of gas. Potential reserves off Louisiana are
3,750 million barrels of oil and 18,800 million m.c.f. of gas.
-------
STATUTES AND LEGISLATIVE HISTORY 2355
Several large producers have shown active interest in petroleum
explorations off the west coast of Florida, beyond the 10%-mile
boundary line.
As to sulfur reserves, the president of one of the largest sulfur
companies in the world appeared before the committee and estimated
sulfur reserves in the offshore areas in the gulf to be valued at $3
billion.
BACKGROUND OF PROBLEM
As indicated, S. 1901 and the House bill dealing with the same
subject matter, H.R. 5134, mark the first attempt by the Congress of
the United States to deal with the problems, economic and legal, of
the outer Continental Shelf as such. Previous submerged lands leg-
islation had asserted Federal jurisdiction but had not attempted to
implement such jurisdiction beyond provisions for leasing. The
outer shelf was subordinate to the primary issue of ownership of
submerged lands within historic State boundaries.
However, with the enactment of the Submerged Lands Act, the
83d Congress resolved that basic controversy.
[p. 5]
The primary policy question before the committee in its considera-
tion of S. 1901 has been not a question of State versus Federal rights,
but whether, and how far, the Federal Government should make use
of already existing State laws and State facilities, backed by State ex-
perience and knowledge, in providing for administration of the area.
The argument was made that the States already were on the job, that
they had a governmental system in operation which was effective for
the purpose, and that there was no need for this Congress to enact
new law, in an area of activity new to the Federal Government. Ex-
tension of State boundaries to include the seabed and subsoil of the
outer Continental Shelf, it was argued, would be consistent with our
historic State-Federal system, under which there is no area of the
continental United States that is not also a part of a State, geograph-
ically speaking, and within State boundaries.
On the other hand, many of the problems connected with the ad-
ministration of the outer shelf, extending in some instances some 250
miles out into the ocean are, it was argued, peculiarly a matter of the
external sovereignty of the Government of the United States, and are
areas of Federal responsibility not within the boundaries of any
State. As pointed out in the report to the committee submitted on
behalf of the Attorney General:
This id est the outer Continental Shelf] is a Federal area, outside State bound-
aries and to give the States a sort of extraterritorial jurisdiction over it is unneces-
sary and undesirable. The situation is not comparable to that of federally owned
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2356 LEGAL COMPILATION—WATER
areas within a State, as to which State law has some measure of applicability.
Particularly in view of the intermingling of national and international rights in the
area, it is important that the Federal Government, which has the responsibility
for handling foreign relations, have the exclusive control of lawmaking and law
enforcement there.
Historical background
In order that the problem may be seen in proper perspective, the
committee deems it advisable to present a very brief sketch of the
law of the seas, since it is so intimately connected with, albeit apart
from, the problems presented in providing a body of law and en-
forcement for the seabed and subsoil beneath that part of the seas
adjacent to our shores.
In Roman law, the sea was considered as being open to all persons
(res communis) and therefore incapable of appropriation and owner-
ship (res nullius). However, the Roman concept was applicable only
within the framework of private international law. The Mediter-
ranean was "Mare Nostrum" to the Romans vis a vis other nations.
No substantial modification of the res communis-res nullius doctrine
can be noted until the rise of the great maritime nations of the Middle
Ages.
By the beginning of the seventeenth century, Venice had laid claim
to ownership of the Adriatic. Genoa asserted proprietorship of
the Ligurian Sea. Denmark and Sweden shared, not without argu-
ment, pretensions in the Baltic, while France and England made
extravagant claims to the area of the seas off their coasts. In the
meantime, Spain and Portugal had proceeded, through the Treaty of
Tordesillas in 1494, to divide the oceans and territories of the New
World between them. Spain asserted dominion over, and exclusive
rights to navigate, the Pacific, the Gulf of Mexico, and the western
Atlantic. Portugal's claims extended to the Atlantic south of Mo-
rocco and covered the Indian Ocean.
[p. 6]
England and Holland, however, were unwilling to accept such a
division and answered the Iberian decrees with efficient forays by
Drake and Cavendish and with a blunt refusal to cease trade with the
Orient. England thus argued by force the freedom of the seas, but
at the same time she held on to her claims of dominion over portions
of the North Sea, the Bay of Biscay, and the Atlantic from Cape
Finisterre, Spain, to Stadland, in Norway.
However, with the industrial revolution and the rise of commerce,
it became apparent that freedom of the seas was necessary to free-
dom of exchange of goods. The doctrine of Freedom of the Seas was
enunciated as American policy as early as 1793 by Thomas Jefferson,
Secretary of State to our first President, George Washington, and
-------
STATUTES AND LEGISLATIVE HISTORY 2357
reaffirmed as recently as March, 1953 on behalf of the Secretary of
State to our 34th President, Dwight D. Eisenhower. In a report to
the committee on Senate Joint Resolution 13, made on behalf of Mr.
John Foster Dulles, the Department of State declared:
The general policy of the United States is to support the principle of freedom of
the seas. Such freedom is essential to its national interests. It is a time-honored
principle of its concept of defense that the greater the freedom and range of its
warships and aircraft, the better protected are its security interests. It is axio-
matic of its commercial interests that the maintenance of free lanes and air routes
is vital to the preeminence of its shipping tonnage and air transport. And it is
becoming evident that its fishing interests depend in part, and may come more so
to depend in the future, upon fishing resources in seas adjacent to the coasts of
foreign states.
Policies with respect to seas unchanged
As stated, it is the unequivocal legislative intent of S. 1901 to
adhere to this traditional policy with respect to the waters above the
outer Continental Shelf—to the waters seaward of State boundaries.
Their character as high seas is in nowise affected by the proposed
legislation nor is the situation with respect to navigation and fishing
in them in any way changed.
However, the discovery of extremely valuable deposits of oil and
gas and probably sulfur in the seabed of the Continental Shelf off the
shores of the United States, as well as its vast potential as a source for
other raw materials, gave rise to the necessity for protection and con-
trol of the area and administration of the development of its economic
wealth, so essential to our economy in peace or war. On a national
scale, this need was met by the Presidential proclamation of Septem-
ber 28, 1945 (Proclamation No. 2667), the text of which is set forth in
the appendix.
It will be noted that the proclamation asserted only that the Gov-
ernment of the United States "regards the natural resources of the
subsoil and seabed" of the Continental Shelf as "appertaining to" the
United States. The provisions of S. 1901 as reported carry this
limited control a necessary step forward and extend the jurisdiction
and control of the United States to the seabed and subsoil themselves.
V. MAINTENANCE OF EXISTING LEASES
From the outset of the submerged lands controversy, it has been
uniformly recommended by the highest officials of both the former
administration and the present administration that any legislation
enacted should give full recognition to the equities and investments
of the holders of existing State-issued mineral leases. In the oral
[p. 7]
argument of the first of the submerged lands cases, United States v.
-------
2358 LEGAL COMPILATION—WATER
California (332 U.S. 19 (1947)), the Attorney General of the United
States made the following statement:
We will recommend to the Congress that legislation be enacted designed to
relieve California and those who have operated under State authority, from the
necessity of accounting to the United States for revenues derived in the past
from the exploitation of any of the lands here involved. Such legislation, in the
view oj the President, should also establish equitable standards for the recognition
of investments made by private interests and should offer a basis for the continued
operation of private establishments wherever consistent with the national interest,
and on terms which would be fair and just under all circumstances. [Emphasis
supplied.]
The supplemental brief for the United States in the same case
contained the following representation on behalf of the Federal
Government:
In this connection it is pertinent to note, as stated by the Attorney General at
oral argument, that the President had authorized him to say that there is no
desire on the part of the President or of any Federal official to destroy or confiscate
any honest or bona fide investment, or to deprive the State or its subdivisions
of any reasonable expectation of return from the areas that have been developed.
The President recognizes that in the event the decision of this Court is favorable
to the United States, it will be necessary to have congressional action looking
toward the future management of the resources of this area. And he also intends
to recommend to the Congress that legislation be enacted recognizing both pros-
pectively and retrospectively, any equities of the State and those who have
operated under it, to the fullest extent consistent with the national interest.
[Emphasis supplied.]
Supreme Court statement
Moreover, in its decision in the California case, the Supreme Court,
taking into account that its decision would affect the good-faith in-
vestments of many citizens, said that it did not assume that—
Congress, which has constitutional control over Government property, will execute
its powers in such way as to bring about injustices to the States, their subdivisions,
or persons acting pursuant to their permission.
Following that decision, the executive branch of the former ad-
ministration recommended that Congress include in submerged lands
legislation provisions protecting the equities of existing operators
and their investments made in good faith.1 During the 82d Congress
that administration endorsed the O'Mahoney bill, Senate Joint Res-
olution 20, which would have confirmed and ratified all leases on
lands of the Continental Shelf issued prior to the filing of the com-
plaints in the Texas and Louisiana cases.2 President Harry S.
1 Testimony of Attorney General Clark at joint hearings of Committees on the Judiciary,
80th Cong., 2d sess., on S. 1988, pp. 612-613; see also hearings before Senate Committee on
Interior and Insular Affairs 81st Cong., 1st sess., on S. 923 and other bills, pp. 32-35.
1 Hearings before Senate Interior and Insular Affairs Committee on Senate Joint Resolu-
tion 20, 82d Cong., 1st sess., pp. 18-23.
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STATUTES AND LEGISLATIVE HISTORY 2359
Truman, in vetoing Senator Holland's substitute measure for the
O'Mahoney measure, made the following statement on May 29, 1952:
I believe any legislation dealing with the undersea lands should protect the
equitable interests of those holding State-issued leases on those lands. The
Government certainly should not impair bona fide investments which have been
made in the undersea lands, and the legislation should make this clear.
Position of administration
The present administration takes the same position. Secretary
of the Interior McKay, testifying before the Senate Interior and In-
sular Affairs Committee on Senate Joint Resolution 13 and other
bills on February 24, 1953, said:
[p. 8]
Various leases to companies and to individuals are currently existent on lands
of the Continental Shelf both within and without the line marking the historical
boundaries of the several States. In keeping with the American tradition of
recognizing the ownership of properties acquired in good fatih I do believe that
the legislation should empower the Federal Government to grant new leases in
exchange for State-issued leases on properties outside the line marking the his-
torical boundaries of the States. (Hearings, S. J. Res. 13, 83d Cong., p. 513.)
In accordance with this uniform policy of recognizing equities and
good faith investments in the offshore area, section 6 of this bill
authorizes the holders of existing State leases on the outer Con-
tinental Shelf to continue to maintain their leases under Federal con-
trol and subject to Federal regulation. This authorization, however,
is applicable only to such existing leases as meet the 11 requirements
of section 6 (a) which are designed to safeguard the national interest.
The equities and investments of the operators who purchased leases
from. Texas and Louisiana on the outer Continental Shelf have been
fully explained by many witnesses at hearings on submerged lands
legislation.3 A summary of the facts surrounding the issuance of the
leases will make it clear that the lessees have substantial and sig-
nificant equities.
The only existing leases on the outer Continental Shelf were
granted by the States of Texas and Louisiana prior to the filing of
the complaints against those States on December 21, 1948.4 This fact
3 See hearings on H.R. 5991 and 5992, 81st Cong., 1st sess., testimony of Walter S. Hallanan,
pp. 103-108; E. F. Bullard, pp. 120-129; H. H Kaveler, pp. 129-137; Hines H. Baker, pp. 137-
164; hearings on S. 155, S. 923 and other bills, 81st Cong., 1st sess., testimony of Walter S.
Hallanan, pp. 320-334; Hines H. Baker, pp. 354-417; H. H. Kaveler, pp. 437^445; E. F. Bullard,
pp. 445-451; hearings on S. J. Res 195, 81st Cong., 2d sess., testimony of Walter S. Hallanan,
pp. 53-58, Clayton L. Orn, pp. 58-80; Rex G. Baker, pp. 82-109; Lucius M. Lamar, pp. 248-259;
hearings on S. J. Res. 20, 82d Cong., 1st sess., testimony of Walter S. Hallanan, pp. 74-92;
hearings on S. J. Res. 13 and other bills, 82d Cong., 1st sess., testimony of James J. Cosgrove,
pp. 617-623, and Clayton L. Orn, pp. 602-617.
4 The State of California has not issued any leases on the outer Continental Shelf.
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2360 LEGAL COMPILATION—WATER
is recognized in section 6 (a) (2) of the bill which provides that, to
be maintained under the Federal Government, a State lease must
have been issued prior to December 21, 1948.
State leasing laws
The leasing of the outer Continental Shelf areas by Texas and
Louisiana was based on the laws of those states. Louisiana, in
1938,5 and Texas, in 1941,6 enacted statutes extending their bound-
aries 24 miles seaward into the gulf from their State boundaries.
Texas subsequently extended its State lines to the outer edge of the
shelf. When those statutes were enacted, the United States had not
asserted its claims in the outer Continental Shelf area. Indeed, prior
to that time executive agencies of the Federal Government had ruled
that the States, not the Nation, owned the submerged lands within
their boundaries. Moreover, the decision in the California case
stated that the Supreme Court itself had many times previously used
language strong enough to indicate that the Court then believed that
the States owned the submerged lands within their boundaries. Thus,
in extending their boundaries, Louisiana and Texas were not assert-
ing rights in conflict with those then being asserted by the United
States.
When the States offered the leases on the outer Continental Shelf
for competitive bidding prior to the filing of the suits against Texas
and Louisiana on December 21, 1948, the oil operators, who had al-
ready invested substantial sums in geophysical explorations of the
offshore area, were in no position to question the jurisdiction of the
States over the areas offered for lease. The boundary extensions
were political questions which they could not challenge.
[p. 9]
Moreover, the Attorney General of the United States, in a state-
ment issued on the date that the California case was argued, had
emphasized that—
Whatever the decision of the Court may be in the California case, it would not
be decisive as to the rights of any other State.
Even more important, although Texas and Louisiana gave widespread
public notice of their intention to offer leases on the outer Con-
tinental Shelf prior to December 21, 1948, the Attorney General of
the United States took no action to enjoin the States from selling
such leases.
'Acts 1938, No. 55, sec. 1, West's Louisiana Rev. Stat, sec., 49: 1.
6 Acts 47th Legislature (1941), ch. 286, p. 454.
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STATUTES AND LEGISLATIVE HISTORY 2361
Large investments made
Testimony before this committee indicates that the lessees who
purchased such leases from the States before December 21, 1948,
have invested some $150 million in the exploration and development
of the outer Continental Shelf.7 To date, their return has been only a
fraction of the sums invested.
Further support for the position of the holders of existing State
leases is found in the fact that the Supreme Court, in its decisions and
decrees in the Louisiana and Texas cases in 1950 (339 U.S. 699; 339
U.S. 707), declined to order the States to account to the United States
for bonuses, rents, and royalties received under leases issued by
them prior to June 5, 1950, the date of the decisions. The signifi-
cance of this ruling was emphasized by former Solicitor General
Philip Perlman in his testimony on February 19, 1951, in support of
the O'Mahoney bill, as follows:
* * * In the resolution now before this committee it is contemplated that
State leases made prior to December 21, 1948—the date of the filing of the suits
against Louisiana and Texas—and in force and effect on June 5, 1950, would be
recognized by the Federal Government. One good reason why this proposal can
now be accepted by the Federal Government is that the Supreme Court has
declined to order Louisiana and Texas to account to the United States for revenues
received under such leases prior to June 5, 1950, the date of the decisions in those
cases. (Hearings, S. J. Res 20 82nd Cong p. 23)
Moreover, the Supreme Court in the Texas and Louisiana decisions
did not invalidate the State's boundary extensions. The Court said:
We intimate no opinion on the power of a State to extend, define or establish
ts external territorial limits or on the consequences of any such extension vis-a-vis
persons other than the United States or those acting on behalf of or pursuant to
its authority.
This holding evidences the good faith of the lessees in purchasing
leases from the States and making substantial investments under
them.
Rents paid Federal Government
Following the Texas and Louisiana decisions in 1950, the lessees of
the States have paid the rents and royalties due under the leases to
the Federal Government. On nonproducing Louisiana leases, rents
paid to the United States since the decisions are lJ/2 times greater
than the original consideration (bonus) paid to the State for the
lease. On Texas leases the rents per acre which have been paid
annually to the United States since 1950 are higher than those paid
per acre on public lands under the Federal Mineral Leasing Act.
7 Testimony of James J. Cosgrove at hearings before the Senate Interior and Insular Affairs
Committee on S. J. Res. 13 and other bills, 83d Cong., 1st sess , p. 620.
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2362 LEGAL COMPILATION—WATER
These rents, which have run to millions of dollars and which ordi-
narily are paid to defer drilling, have been paid to the Federal Gov-
ernment despite the fact that the lessees have been enjoined from
drilling or other exploratory operations since the decisions, and
[p. W]
hence have had no use of the land for which they were paying rents
—rents which the Federal Government has received and retained
since 1950.
VI. SECTIONAL ANALYSIS OF THE BILL, S. 1901, AS REPORTED
SECTION 1 TITLE OF ACT
Section 1 provides that the Act may be cited as "Outer Con-
tinental Shelf Lands Act".
SECTION 2 DEFINITIONS
Section 2 defines terms used in the bill such as "outer Continental
Shelf", "Secretary", "mineral lease", and "person".
SECTION 3—JURISDICTION OVER OUTER CONTINENTAL SHELF
Section 3 asserts the exclusive jurisdiction of the United States
over the subsoil and seabed of the outer Continental Shelf, but pro-
vides that said jurisdiction is horizontal, and does not affect the
character as high seas of the waters nor the right to navigation and
fishing therein.
SECTION 4—LAWS APPLICABLE TO OUTER CONTINENTAL SHELF
Section 4 provides a body of law for the protection, development,
and administration of the seabed and subsoil of the outer shelf. This
body of law consists of:
1. The Constitution and laws of the United States;
2. Regulations which the Secretary, in a subsequent section,
is specifically authorized to promulgate;
3. The laws of the adjacent States which are adopted as Fed-
eral law and made applicable to supplement existing Federal
law and regulations.
In precise unequivocal language, the section declares that the pro-
vision for the adoption of State laws as Federal law "shall never be
interpreted as a basis for claiming any interest in or jurisdiction on
behalf of any State for any purpose over the seabed and subsoil of the
outer Continental Shelf or the property and natural resources thereof
or the revenues therefrom."
Subsection (b) of section 4 extends original jurisdiction of the
Federal district court to cases and controversies arising out of op-
-------
STATUTES AND LEGISLATIVE HISTORY 2363
erations on the outer shelf and to artificial islands and the fixed
structures thereon, including pipelines, used in the development of
the mineral resources of the seabed and subsoil.
The Coast Guard is given responsibility for safety regulations and
devices on the structures and artificial islands, and the responsibility
which the Secretary of the Army now has with respect to obstruc-
tions to navigation in the navigable waters of the United States is
extended to such artificial islands and fixed structures.
SECTION 5 ADMINISTRATIVE OF LEASING OF THE OUTER CONTINENTAL
SHELF
Section 5 places the administration of the outer Continental Shelf
areas under the Secretary of the Interior, and authorizes him to pre-
scribe rules and regulations to carry out the provisions of the act.
[p. 11]
The control of the Secretary over drilling and production practices,
and over conservation, is specifically spelled out. However, as
pointed out previously, it is the committee's hope and expectation
that the Secretary will continue to cooperate fully with State con-
servation agencies.
Subsection (c) of section 5 authorizes the Secretary to grant rights-
of-way on the seabed for pipelines for removal of oil, gas, sulfur, or
other minerals. As to oil and gas, such pipelines are required to
transport or purchase without discrimination oil and natural gas
produced in the vicinity of the pipeline. The Federal Power Com-
mission, in the case of gas, and the Interstate Commerce Commission,
in the case of oil, are authorized to determine the conditions of such
transportation.
SECTION 6.V-MAINTENANCE OF LEASES ON OUTER CONTINENTAL SHELF
Section 6 deals with validation by the Federal Government of
State-issued leases. Some 11 or more specific standards which each
such lease must meet before it is validated are set forth. If all of
these specific conditions are met, the leaseholder may continue to
maintain a lease and to conduct operations under it.
The Supreme Court of the United States in the Louisiana and
Texas opinions handed down on June 5, 1950, enjoined the States and
their lessees from conducting further operations on the Continental
Shelf on the holding that the Federal Government had paramount
rights in the area. Since the lessees have been unable to conduct any
development operations under their leases since the date of the
opinions, despite the payment of rentals to the Secretary of the In-
terior or the Secretary of the Navy, the primary term in each lease is
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2364 LEGAL COMPILATION—WATER
extended for the period which remained unexpired under it on June
5, 1950.
A provision has been added to subsection (b) of section 6 which
permits the development of sulfur deposits in those instances in
which, under State leasing practices, such as those of Louisiana, sul-
fur rights were included in oil and gas leases. In such cases, the
oil and gas lessee is authorized to develop sulfur deposits on the area
covered by his lease during its primary term as extended by the act,
and as long thereafter as sulfur is being produced in commercial
quantities. However, sulfur rights are not kept alive merely by the
production of oil and gas. Where the primary term of a lease has ex-
pired but which is continued in force by virtue of production of oil
or gas, sulfur rights are continued for 2 years. If sulfur is not being
produced, or operations for the production of sulfur not being carried
on to the satisfaction of the Secretary, the area may be leased by the
Secretary for sulfur alone.
The intent of the committee is that mere oil and gas production on
an oil and gas lease shall not bottle up sulfur rights in the same lease
for an indefinite period of time.
Subsection (c) provides that notwithstanding the validation of
State-issued leases, such claims as the Federal Government may
have, if any, against either the States or the lessees in connection
with past operations on the outer shelf are not waived. In retaining
this provision, the committee took notice of the fact that the Supreme
Court had refused to require the States to account for any sums re-
ceived in connection with State leasing of submerged lands prior to
the decisions. It is not the committee's intent that bona fide oil and
[p. 12]
gas operations conducted on the outer shelf under State leases should
now be subjected in any way to any claim by the Federal Govern-
ment. However, the committee did not believe it had sufficient all-
inclusive knowledge to warrant elimination of the provision, taking
the view that some acts, other than those described above, might
have taken place for which the Federal Government might have a
right of action.
SECTION 7 DISCLAIMER AND CONTROVERSY OVER JURISDICTION
Section 7 provides for temporary resolution of a possible contro-
versy between the State and Federal Governments over whether a
given area is within State boundaries, and thus the property of the
State, or whether it is a part of the outer Continental Shelf and thus
subject to Federal control and jurisdiction. The Secretary, with the
approval of the Attorney General, is authorized to enter into agree-
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STATUTES AND LEGISLATIVE HISTORY 2365
merits with a state to permit continued development of mineral re-
sources from a lease in such an area. The revenues would be im-
pounded until an ultimate determination is reached. Subsection (b)
gives legislative validation to the operating orders of the Secretary
of the Interior issued after the Louisiana and Texas decrees to permit
producing wells to continue to produce and to prevent waste of oil
as gas. The text of all of these orders is set forth in the appendix.
SECTION 8—LEASING OF OUTER CONTINENTAL SHELF
Section 8 authorizes the Secretary to issue Federal mineral leases
on the unleased submerged lands of the outer Continental Shelf.
Conditions and standards for such leasing are specified for oil and
gas, and for sulfur.
The committee, in considering S. 1901, has not attempted to define
a system of land surveys to be made applicable to the outer Con-
tinental Shelf. It is noted that the Continental Shelf opposite Texas
has been subdivided into blocks of 640 acres, and the area opposite
Louisiana into blocks of 5,000 acres. In offering lands for lease such
subdivisions have been used by the respective States. Some of the
leases issued by the States extend out into the outer Continental
Shelf, thereby establishing a pattern of land location conformable to
the State and Federal areas. The committee recommends that the
Secretary of the Interior, in administering the leasing of lands under
his jurisdiction, weigh carefully the advantages and disadvantages of
maintaining this pattern for leasing the outer Shelf.
As to the 10-percent sulfur royalty, the committee carefully con-
sidered evidence as to the royalties required in current State sulfur
leasing programs by Texas and Louisiana and concluded that the 10-
percent figure would be consistent with present State practices.
However, the committee is aware of the fact that the figure may be
so high as to discourage development of the outer shelf sulfur de-
posits, and therefore the Secretary of the Interior is requested to
make a study of the situation and to report his findings and rec-
ommendations to the committee.
SECTION 9—DISPOSITION OF REVENUES
Section 9 provides that all rentals, royalties and other sums paid
under any lease on the outer Continental Shelf for the period from
June 5, 1950, to the time of the enactment of the act, and all such
[p. 13]
revenues received thereafter, including bonuses paid for leases, shall
be deposited in the Treasury of the United States and credited to
miscellaneous receipts. As previously stated, no part of these rev-
-------
2366 LEGAL COMPILATION—WATER
enues are to go to any coastal State for any purpose whatever, nor
does the bill as reported by the committee dedicate them to any
specific purpose. Rather, such funds are available for appropriation
by the Congress for necessary expenses of Government in accordance
with the Constitution of the United States.
SECTION 10—REFUNDS
Section 10 provides that where a lessee has made payments to the
Federal Government in excess of those required, repayment may be
made to him. The Interior Committees of the Senate and House of
Representatives will have a period of 30 days in which to examine
proposed refunds before they are made.
SECTION 11—GEOLOGICAL AND GEOPHYSICAL EXPLORATIONS
Section 11 provides that the Secretary may authorize qualified per-
sons to conduct geological and geophysical explorations on the outer
shelf, but specifies that such explorations must not be unduly harm-
ful to acquatic life in the areas.
SECTION 12—RESERVATIONS
Section 12 authorizes the President to withdraw from disposition
under the act any of the unleased areas of the outer shelf. Such a
provision is similar to authority given to the President on the public
domain.
A new subsection recommended by the Atomic Energy Commis-
sion reserves materials essential to production of atomic energy, and
a further subsection reserves helium gas used in lighter-than-air
aircraft to the Federal Government.
SECTION 13—NAVAL PETROLEUM RESERVE EXECUTIVE ORDER REPEALED
Section 13 revokes the Executive order issued by President
Truman on January 16, 1953, purporting to set aside the Continental
Shelf as a naval petroleum reserve.
SECTION 14 PRIOR CLAIMS NOT AFFECTED
Section 14 is a "savings clause," in that it protects any rights in
the outer shelf area that may have been acquired prior to the ef-
fective date of the act. It is identical with section 8 of the Sub-
merged Lands Act.
SECTION 15 APPROPRIATIONS
Section 15 authorizes appropriations to carry out the purposes of
the act.
-------
STATUTES AND LEGISLATIVE HISTORY 2367
SECTION 16 SEPARABILITY
Section 16 is a separability clause, providing that if one provision of
the act is held unconstitutional by the Supreme Court, the remaining
provisions shall not fall with the one held invalid.
[P. 14]
VII. THE COMMITTEE AMENDMENTS
For convenient reference, the text of S. 1901 as reported is set
forth with the committee amendments shown in italic. Each amend-
ment is numbered with the number enclosed in boldface brackets,
and an explanation of each, keyed to the bracketed numbers, pre-
sented following the text of the bill.
[S. 1901, 83 Cong., 1st sess, Report No. 411]
[Omit the part struck through and insert the part printed in italic.]
A BILL To provide for the jurisdiction of the United States over the submerged
lands of the outer Continental Shelf, and to authorize the Secretary of the
Interior to lease such lands for certain purposes
Be it enacted by the Senate and House of Representatives of the United States
o} America in Congress assembled, That this Act may be cited as the "Outer
Continental Shelf Lands Act".
SEC. 2. DEFINITIONS.—When used in this Act—
(a) The term "outer Continental Shelf" means all submerged lands [1] -(4}
which lie outside and seaward lying seaward and outside of the area of lands
beneath navigable waters as denned in [2] section 2 of the Submerged Lands Act
[3] (Public Law 31, Eighty-third Congress, first session), and [4] (2) of which the
subsoil and [5] natural resources seabed appertain to the United States and are
subject to its jurisdiction and control;
(b) The term "Secretary" means the Secretary of the Interior;
(c) The term "mineral lease" means any form of authorization for the explora-
tion for, or development or [6] production removal of deposits of, oil, gas, or other
minerals; and
(d) The term "person" includes, in addition to a natural person, an association,
a State, a political subdivision of a State, or a private, public, or municipal
corporation.
SEC. 3. JURISDICTION OVER OUTER CONTINENTAL SHELF.— (a) It is hereby declared
to be the policy of the United States that the [7] natural resources of the subsoil
and seabed of the outer Continental Shelf appertain to the United States and are
subject to its jurisdiction, control, and power of disposition as provided in this Act.
(b) This Act shall be construed in such manner that the character as high seas
of the waters above the outer Continental Shelf and the right to [8] their free
and unimpeded navigation and [9] the navigational servitude fishing therein shall
not be affected.
[10] SEC. 4. LAWS APPLICABLE TO OUTER CONTINENTAL SIIELF.—(a) All acts occur-
ring and all offenses committed on any structure (other than a vessel), which is
located on the outer Continental Shelf or on the waters above the outer Con-
tinental Shelf for the purpose of exploring for, developing, or removing the natural
resources of the subsoil or seabed of such outer Continental Shelf, shall be deemed
to have occurred or been committed aboard a vessel of the United States on the
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2368 LEGAL COMPILATION—WATER
high coos and shall bo adjudicated and determined or adjudged and punished
according to the lawn relating to such acts or offenses occurring on vccGolp of tho
United Statca on the high scan.
[11] SEC. 4. LAWS APPLICABLE TO OUTER CONTINENTAL SHELF.— (a) (1) The
Constitution and laws and civil and political jurisdiction of the United States are
hereby extended to the subsoil and seabed of the outer Continental Shelf and to all
artificial islands and fixed structures which may be erected thereon for the pur-
pose of exploring for, developing, removing, and transporting resources therefrom,
to the same extent as if the outer Continental Shelf were an area of exclusive
Federal jurisdiction located within a State. Provided, however, That mineral
leases on the outer Continental Shelf shall be maintained or issued only under
the provisions of this Act.
(2) To the extent that they are applicable and not inconsistent with this Act or
with other Federal laws and regulations of the Secretary now in effect or herein-
after adopted, the civil and criminal laws of each adjacent State as of the effective
date of this Act are hereby declared to be the law of the United States for that
portion of the subsoil and seabed of the outer Continental Shelf and artificial
islands and fixed structures erected thereon, which would be within the area of the
State if its boundaries were extended seaward to the outer margin of the outer
Continental Shelf, and the President shall determine and publish in the Federal
Register the lines defining each such area. All of such applicable laws shall be
administered and enforced by the appropriate officers and courts of the United
States.
[p. 15]
(3) The provisions of this section for adoption of State law as the law of the
United States shall never be interpreted as a basis for claiming any interest in or
jurisdiction on behalf of any State for any purpose over the seabed and subsoil
of the outer Continental Shelf, or the property and natural resources thereof or the
revenues therefrom.
(b) Except for such matters as are prescribed by law to be within the exclusive
jurisdiction of the United States Customs Court and the United States Court of
Customs and Patent Appeals, the United States district courts shall have original
jurisdiction of cases and controversies arising out of or in connection with any
operations conducted on the outer Continental Shelf for the purpose of exploring
for, developing, [12] -er removing [13] or transporting by pipeline the natural
resources, or involving rights to the natural resources of the subsoil and seabed
of the outer Continental Shelf, and proceedings with respect to any such case or
controversy may be instituted in the judicial district in which any defendant
resides or may be found, or in the judicial district nearest the place where the
cause of action arose.
(c) With respect to disability or death of an employee resulting from any injury
occurring as the result of operations described in subsection (b), compensation
shall be payable under the provisions of the Longshoremen's and Harbor Workers'
Compensation Act [14] if recovery for such disability or death through work-
mon'a Gompcncation proooodingc in not provided by State law. For the purposes
of the extension of the provisions of the Longshoremen's and Harbor Workers'
Compensation Act under this section—•
(1) the term "employee" does not include a master or member of a crew
of any vessel, or an officer or employee of the United States or any agency
thereof or of any State or foreign government, or of any political subdivision
thereof;
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STATUTES AND LEGISLATIVE HISTORY 2369
(2) the term "employer" means an employer any of whose employees are
employed in such operations; and
(3) the term "United States" when used in a geographical sense includes
the outer Continental Shelf and [15] the waters above the outer Conti-
nental Shelf artificial islands and fixed structures thereon.
[16] (d) (1) The provisions of the Ship Mortgage Act shall be applicable to
any structure referred to in subsection (a) in the aamc manner QO if ouoh struc-
ture wore a "vooocl of the United Statoo" within the torma of ouch Act.—Per
the purpose of the cxtcnaion of the provisions of auch Act under this subacetion,
ovory such structure chall bo registered in accordance with rcgulationa established
by the Secretary of Commerce, and the term "documented" means registered in
aooordanco with this paragraph.
(3) The Secretary of Commerce shall establish such regulations as he deems
necessary to the efficient execution of thia aubaootion.
[17] {e^ (d) For the purposes of the National Labor Relations Act, as amended,
any unfair labor practice, as defined in such Act, occurring upon any [18] artificial
island or fixed structure referred to in subsection (a) shall be deemed to have
occurred within the judicial district nearest the place of location of such [19]
island or structure.
[20] (f) For the purpoaos of the Fair Labor Standards Act of 1038, goods pro-
duood upon or at any structure referred to in subsection (n) shall be deemed to
have been produced within a State.
121] (g) (1) No alien chall be employed on any atructurc referred to in sub-
section (a) for any period unlcaa the Attorney General ohall have certified
(A) that such alien hao been lawfully admitted to the United States for
permanent residence within the moaning of the Immigration and Nationality
Act or
(B) that such alien haa been lawfully admitted to the United Statoo ns a
nonimmigrant, within the moaning of euoh Act, and that such alien would
not violate any provieion of such Act or lone his ctatuG ac a nonimmigrant
by remaining in, and being similarly employed in, the United States during
suoh period.
(3) The Attorney General shall, by rogulationa, pi-caeribc the conditions under
which an alien, other than an alien employed on any structure referred to in sub-
oootion (a), may be permitted to be on any nueh atructurc, and the period during
which any such alien may remain thereon.
(3) Any person who
(A) knowingly employs an alien on a structure referred to in subsection
(a) in violation of paragraph (1) of this subsection, or
(B) having authority to exclude nn alien from any such atructurc, know-
ingly permits such alien to bo on such structure in violation of the regulations
[p- 16]
proscribed by the Attorney General under paragraph (3) of thia subacetion,
or knowingly permits such alien to remain on any such structure for a period
longer than prescribed by such regulations,
shall bo punished by a fine of not more than $1,000 or by impriaonmcnt for not
more than one year, or both.
[22] (h) (1) No merchandise of foreign growth or manufacture ohnll bo brought
upon any structure referred to in subsection (a) from any foreign port or place
unlosc it shall have boon entered for consumption in the United Statoo in accord-
ance- with the ouotoma lawo and regulations.
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2370 LEGAL COMPILATION—WATER
(2) If any poroon fraudulently or knowingly brings or assists in bringing any
morohandiDo upon any ouch structure in violation of the provisiono of thin cub
section, or in any manner facilitates the tranoportation, concealment, or sale of
ouch merchandise after it haa been brought upon auch structure, knowing the
same to have been brought thereon in violation of the provisiona of thio oub-
•scction, the offender shall be punished by a fine not to exceed $5,000 or by im-
prisonment for not to exceed two yearn, or both.
Proof of dofondant'o possession of ouch goods, unloBO explained to the caticfac-
tion of tho jury, shall bo deemed evidence sufficient to authorize conviction for
violation of thia gubcoction.
Merchandise brought upon any such structure in violation of the provisions of
thia subsection ohall be forfeited to tho United States in the aamo manner ac in
the OQDG of merchandise introduced into the United States in violation of section
545 of title 10 of the United States Code.
[23] (i) All provisions of law applicable with roopcct to tho exportation of any
commodity, article, material, or supply from a place in a State of the United
States shall bo applicable with respect to the exportation of any ouch commodity,
article, material, or supply from any structure referred to in cubcoction (a).
[24] -ft> (e) (I) The [25] head of the Department in which the Coast Guard [26]
is operating shall have authority to promulgate and enforce such reasonable
regulations with respect to lights and other warning devices safety equipment,
and other matters relating to the promotion of safety of life and property on the
[27] islands and structures referred to in subsection (a) or on the waters adjacent
thereto, as it may deem necessary.
[28] (2) The head of the Department in which the Coast Guard is operating
may mark jor the protection of navigation any such island or structure whenever
the owner has jailed suitably to mark the same in accordance with regulations
issued hereunder, and the owner shall pay the cost thereof. Any person, firm,
company, or corporation who shall fcM or refuse to obey any of the lawful rules
and regulations issued hereunder shall be guilty of a misdemeanor and shall be
fined not more than $100 for each offense. Each day during which such violation
shall continue shall be considered a new offense.
(f) The authority of the Secretary of the Army to prevent obstruction to naviga-
tion in the navigable waters of the United States is hereby extended to artificial
islands and fixed structures located on the outer Continental Shelf.
[29] -(fe)- (9) The specific application by this section of certain provisions of
law to [30] artificial islands and fixed structures referred to in subsection (a) or
to acts or offenses occurring or committed [31] on euoh otruoturcs thereon shall
not give rise to any inference that the application to such [32] islands and
structures, acts, or offenses of any other provision of law is not intended.
[33] SEC. 5. ADMINISTRATION OF LEASING OF THE OUTER CONTINENTAL SHELF.—(a)
(1) The Secretary shall administer the provisions of this Act relating to the leasing
of the outer Continental Shelf, and shall prescribe such rules and regulations as
may be necessary to carry out such provisions. The Secretary may at any time
prescribe and amend such rules and regulations as he determines to be necessary
and proper iQjyder to provide for the prevention of waste and conservation of
the natural resources of the outer Continental Shelf, and the protection of correla-
tive rights therein, and, notwithstanding any other provisions herein, such rules
and regulations shall apply to all operations conducted under a lease issued or
maintained under the provisions of this Act. Without limiting the generality of
the foregoing provisions of this section, the rules and regulations prescribed by
the Secretary thereunder may provide for the assignment or relinquishment of
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STATUTES AND LEGISLATIVE HISTORY 2371
leases, for the sale of royalty oil and gas accruing or reserved to the United States
at not less than market value, and, in the interest of conservation, for unitization,
pooling, drilling agreements, suspension of operations or production, reduction oj
rentals or royalties, compensatory royalty agreements, subsurface storage of oil
or gas in any of said submerged lands, and drilling or other easements necessary
for operations or production.
[p. 17]
(2) Any person who knowingly and willfully violates any rule or regulation
prescribed by the Secretary for the prevention of waste, the conservation of the
natural resources, or the protection of correlative rights shall be deemed guilty of
a misdemeanor and punishable by a fine of not more than $2,000 or by imprison-
ment for not more than six months, or by both such fine and imprisonment, and
each day of violation shall be deemed to be a separate offense. The issuance and
continuance in effect of any lease, or of any extension, renewal, or replacement
of any lease under the provisions of this Act shall be conditioned upon compliance
with the regulations issued under this Act and in force and effect on the date of
the issuance of the lease if the lease is issued under the provisions of section 8
hereof, or with the regulations issued under the provisions of section 6 (b), clause
(2), hereof if the lease is maintained under the provisions of section 6 hereof.
[34] (b) (1) Whenever the owner of a nonproducing lease fails to comply with
any of the provisions of this Act, or of the lease, or of the regulations issued under
this Act and in force and effect on the date of the issuance of the lease if the lease
is issued under the provisions of section 8 hereof, or of the regulations issued
under the provisions of section 6 (b), clause (2), hereof, if the lease is maintained
under the provisions of section 6 hereof, such lease may be canceled by the Secre-
tary, subject to the right of judicial review as provided in section 8 (i), if such
default continues for the period of thirty days after mailing of notice by registered
letter to the lease owner at his record post office address.
(2) Whenever the owner of any producing lease fails to comply with any of the
provisions of this Act, or of the lease, or of the regulations issued under this Act
and in force and effect on the date of the issuance of the lease if the lease is issued
under the provisions of section 8 hereof, or of the regulations issued under the
provisions of section 6 (b), clause (2), hereof, if the lease is maintained under the
provisions of section 6 hereof, such lease may be forfeited and canceled by an
appropriate proceeding in any United States district court having jurisdiction
under the provisions of section 4 (b) of this Act.
[35] (c) Rights-of-way through the submerged lands of the outer Continental
Shelf, whether or not such lands are included in a lease maintained or issued
pursuant to this Act, may be granted by the Secretary for pipeline purposes for
the transportation of oil, natural gas, sulphur, or other mineral under such regula-
tions and upon such conditions as to the application therefor and the survey,
location and width thereof as may be prescribed by the Secretary and upon the
express condition that such pipelines shall transport or purchase without discrimi-
nation, oil or natural gas produced from said submerged lands in the vicinity of
the pipeline in such proportionate amounts as the Federal Power Commission, in
the case of gas and the Interstate Commerce Commission in the case of oil may
after a full hearing with due notice thereof to the interested parties determine
to be reasonable taking into account, among other things, conservation and the
prevention of waste. Failure to comply with the provisions of this section or the
regulations and conditions prescribed thereunder shall be ground for forfeiture
of the grant in an appropriate judicial proceeding instituted by the United States
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2372 LEGAL COMPILATION—WATER
in any United States district court having jurisdiction under the provisions of
section 4 (b) of this Act.
SEC. 6. MAINTENANCE OF LEASES ON OUTER CONTINENTAL SHELF.— (a) The provi-
sions of this section shall apply to any mineral lease covering submerged lands
of the outer Continental Shelf issued by any State [36] or political subdivision
or grantee thereof (including any extension, renewal, or replacement thereof
heretofore granted pursuant to such lease or under the laws of such State) if—
(1) such lease or a true copy thereof, is filed with the Secretary by the
lessee or his duly authorized agent within ninety days from the effective date
of this Act, or within such further period or periods [37] as provided in section
7 hereof or as may be fixed from time to time by the Secretary;
(2) such lease was issued [38] -(A)- prior to December 21, 1948, and [39]
was would have been on June 5, 1950, in force and effect in accordance with
its terms and provisions and the law of the State issuing it [40] or whoco
political [subdivision or grantee iGguod it, or (B) with the approval of the
Secretary and wan on the effective dote of thin Act in force and effect in accord-
ance with ita terms and provinions and the law of such State had the State
had authority to issue such lease;
(3) there is filed with the Secretary, within the period or periods specified
in paragraph (1) of this subsection, (A) a certificate issued by the State
official or agency having jurisdiction over such lease stating that [41] it was
would have been in force and effect as required by the provisions of para-
graph (2) of this subsection, or (B) in the absence of such certificate,
[p. 18]
evidence in the form of affidavits, receipts, canceled checks, or other docu-
ments that may be required by the Secretary, sufficient to prove that such
lease [421-^was would have been so in force and effect;
(4) except as otherwise provided in section 7 hereof, all rents, royalties, and
other sums payable under such lease between June 5, 1950, and the effective
date of this Act, which have not been paid in accordance with the provisions
thereof, [43] or to the Secretary or to the Secretary of the Navy, are paid to the
Secretary within the period or periods specified in paragraph -(4^- of this sub-
section, and all rents, royalties, and other sums payable under such lease after
the effective date of this Act, are paid to the Secretary, who shall deposit
[44] thorn such payments in the Treasury in accordance with section 9 of
this Act;
(5) the holder of such lease [45] certified certifies that such lease shall con-
tinue to be subject to the overriding royalty obligations existing on the
effective date of this Act;
(6) such lease was not obtained by fraud or misrepresentation;
(7) such lease, if issued on or after June 23, 1947, was issued upon the basis
of competitive bidding;
(8) such lease provides for a royalty to the lessor [46] on oil and gas
of not less than 12% per centum [47] and on sulphur of not less than 10 per
centum in amount or value of the production saved, removed, or sold from
the lease, or, in any case in which the lease provides for a lesser royalty, the
holder thereof consents in writing, filed with the Secretary, to the increase
of the royalty to the minimum herein specified;
[48] (9) the holder thereof pays to the Secretary within the period or periods
specified in paragraph (1) of this subsection an amount equivalent to any
severance, gross production, or occupation taxes imposed by the State issuing
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STATUTES AND LEGISLATIVE HISTORY 2373
the lease on the production from the lease, less the State's royalty interest in
such production, between June 5, 1950, and the effective date of this Act and
not heretofore paid to the State, and thereafter pays to Secretary as an addi-
tional royalty on the production from the lease, less the United States' royalty
interest in such production, a sum of money equal to the amount of the
severance, gross production, or occupation taxes which would have been
payable on such production to the State issuing the lease under its laws as
they existed on the effective date of this Act;
[49] (9) (10) such lease will terminate within a period of not more than
five years from the effective date of this Act in the absence of production or
operations for drilling, or, in any case in which the lease provides for a longer
period, the holder thereof consents in writing, filed with the Secretary, to the
reduction of such period so that it will not exceed the maximum period herein
specified; and
[50] (10) (11) the holder of such lease furnishes such surety bond, if any,
as the Secretary may require and complies with such other reasonable require-
ments as the Secretary may deem necessary to protect the interests of the
United States.
[51] (b) Any person holding a mineral lease, which as determined by the
Secretary meets the requirements of subsection (a) of this section, may continue
to maintain such lease, and may conduct operations thereunder, in accordance
with (1) its provisions as to the area, the minerals covered, rentals and, subject
to the provisions of paragraphs (8), (9) and (10) of subsection (a) of this section,
as to royalties and as to the term thereof and of any extensions, renewals, or
replacements authorized therein or heretofore authorized by the laws of the State
issuing such lease, or, if oil or gas was not being produced in paying quantities
from such lease on or before December 11, 1950, or if production in paying quanti-
ties has ceased since December 11, 1950, or if the primary term of such lease has
expired since December 11, 1950, then for a term from the effective date hereof
equal to the term remaining unexpired on December 11, 1950, under the provisions
of such lease or any extensions, renewals, or replacements authorized therein, or
heretofore authorized by the laws of such State, and (2) such regulations as the
Secretary may under section 5 of this Act prescribe within ninety days after
making his determination that such lease meets the requirements of subsection
(a) of this section: Provided, however, That any rights to sulphur under any
lease maintained under the provisions of subsection (b) of this section shall not
extend beyond the primary term of such lease or any extension thereof under the
provisions of such subsection (b) unless sulphur is being produced in paying
quantities or drilling, well reworking, plant construction, or other operations for
the production of sulphur, as approved by the Secretary, are being conducted on
the area covered by such lease on the date of expiration of such primary term or
[p- 19]
extension: Provided further, That if sulphur is being produced in paying quanti-
ties on such date, then such rights shall continue to be maintained in accordance
with such lease and the provisions of this Act: Provided further, That, if the
primary term of a lease being maintained under subsection (b) hereof has
expired prior to the effective date of this Act and oil or gas is being produced
in paying quantities on such date, then such rights to sulphur as the lessee may
have under such lease shall continue for twenty-four months from the effective
date of this Act and as long thereafter as sulphur is produced in paying quantities,
or drilling, well working, plant construction, or other operations for the pro-
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2374 LEGAL COMPILATION—WATER
duction of sulphur, as approved by the Secretary, are being conducted on the area
covered by the lease.
[52] (d) (c) The permission granted in subsection (b) of this section shall not
be construed to be a waiver of such claims, if any, as the United States may have
against the lessor or the lessee or any other person respecting sums payable or
paid for or under the lease, or respecting activities conducted under the lease,
prior to the effective date of this Act.
[53] (c) (d) Any person complaining of a, negative determination by the Secre-
tary of the Interior under this section may have such determination reviewed by
the United States District Court for the District of Columbia [54] by filing a
petition for review within sixty days after receiving notice of such, action by the
Secretary.
[55] (e) In the event any lease maintained under this section covers lands
beneath navigable waters, as that term is used in the Submerged Lands Act, as
well as lands of the outer Continental Shelf the provisions of this section shall
apply to such lease only insofar as it covers lands of the outer Continental Shelf.
[56] SEC. 7. DISCLAIMER AND CONTROVERSY OVER JURISDICTION.—(a) The Secretary
is authorized, with the approval of the Attorney General of the United States and
upon the application of any lessor or lessee of a mineral lease issued by or under
the authority of a State, its political subdivision, or grantee, on submerged lands,
to certify that the area covered by such lease does not lie within the outer Con-
tinental Shelf.
[57] (b) In the event of a controversy between the United States and a State
as to whether or not lands are subject to the provisions of this Act, the Secretary
is authorized, notwithstanding the provisions of subsections (a) and (c) of section
6 of this Act, and with the concurrence of the Attorney General of the United
States, to negotiate and enter into agreements with the State, its political sub-
division or grantee or a lessee thereof, respecting operations under existing
mineral leases and payment and impounding of rents, royalties, and other sums
payable there under, or with the State, its political subdivision or grantee, respect-
ing the issuance or nonissuance of new mineral leases pending the settlement or
adjudication of the controversy. The authorization contained in the preceding
sentence of this section shall not be construed to be a limitation upon the authority
conferred on the Secretary in other sections of this Act. Payments made pursuant
to such agreement, or pursuant to any stipulation between the United States and a
State, shall be considered as compliance with section 6 (a) (4) hereof. Upon the
termination of such agreement or stipulation by reason of the final settlement
or adjudication of such controversy, if the lands subject to any mineral lease are
determined to be in whole or in part lands subject to the provisions of this Act,
the lessee, if he has not already done so shall comply with the requirements of
section 6 (a), and thereupon the provisions of section 6 (b) shall govern such
lease. The notice concerning "Oil and Gas Operations in the Submerged Coastal
Lands of the Gulf of Mexico" issued by the Secretary on December 11, 1950
(15 F. R. 8835), as amended by the notice dated January 26, 1951 (16 F. R. 953),
and as supplemented by the notices dated February 2, 1951 (16 F. R. 1203),
March 5, 1951 (16 F. R. 2195), April 23, 1951 (16 F. R. 3623), June 25, 1951 (16 F. R.
6404), August 22, 1951 (16 F. R. 8720), October 24, 1951 (16 F. R. 10998), [58] e»4-
December 21, 1951 (17 F. R. 43), [59] March 25, 1952 (17 F. R. 2821), [60] June 26,
1952 (17 F. R. 5833), [61] and December 24, 1952 (18 F. R. 48), respectively, is
hereby approved and confirmed.,
SEC. 8. LEASING OF OUTER CONTINENTAL SHELF.—[62] (a) In order to meet the
urgent need during the present emergency for further exploration and develop-
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STATUTES AND LEGISLATIVE HISTORY 2375
mont of the oil and gac deposits in the cubmorgcd lands of the outer Continental
Shelf, the Secretary is authorized to grant to the qualified persons offering the
highest cash bonuses on a basis of competitive bidding oil and gaa leases on oub
merged lands of the outer Continental Sholf which arc not covered by leaoos
mooting the requirements of subsection (a) of section 6 of thic Act.
(a) In order to meet the urgent need for further exploration and development of
the oil and gas deposits of the submerged lands of the outer Continental Shelf,
[p. 20]
the Secretary is authorized to grant to the highest responsible qualified bidder
by competitive bidding under regulations promulgated in advance, oil and gas
leases on submerged lands of the outer Continental Shelf which are not covered
by leases meeting the requirements of subsection (a) of section 6 of this Act. The
bidding shall be (1) by sealed bids, and (2) at the discretion of the Secretary, on
the basis of a cash bonus with a royalty fixed by the Secretary at not less than
12^/2 per centum in amount or value of the production saved, removed or sold, or
on the basis of royalty, but at not less than the per centum above mentioned, with
a cash bonus fixed by the Secretary.
(b) [63]-A-An oil and gas lease issued by the Secretary pursuant to this section
shall (1) cover [64]-a» a compact area [65] of such aizo, not exceeding five thousand
seven hundred and sixty acres, [66] and dimensions as the Secretary may deter-
mine, (2) be for a period of five years and as long thereafter as oil or gas may be
produced from the area in paying quantities, or drilling or well reworking opera-
tions as approved by the Secretary are conducted thereon, (3) require the pay-
ment of a royalty of not less than 12V2 per centum, [67] in the amount or value of
the production saved, removed, or sold from the lease, and (4) contain such rental
provisions and such other terms and provisions as the Secretary may [68] -by
regulation prescribe [69] in advance at the time of offering the area for lease.
[70] (c) In order to meet the urgent need for further exploration and develop-
ment of the sulphur deposits in the submerged lands of the outer Continental
Shelf, the Secretary is authorized to grant to the qualified persons offering the
highest cash bonuses on a basis of competitive bidding sulphur leases on sub-
merged lands of the outer Continental Shelf, which are not covered by leases
which include sulphur and meet the requirements of subsection (a) of section 6
of this Act, and which sulphur leases shall be offered for bid and granted on
separate leases from oil and gas leases, and for a separate consideration, and
without priority or preference accorded to oil and gas lessees on the same area.
(d) A sulphur lease issued by the Secretary pursuant to this section shall (1)
cover an area of such size and dimensions as the Secretary may determine, (2) be
for a period of not more than ten years and so long thereafter as sulphur may be
produced from the area in paying quantities or drilling, well reworking, plant
construction, or other operations for the production of sulphur, as approved by
the Secretary, are conducted thereon, (3) require the payment of a royalty of not
less than 10 per centum of the value of the sulphur at the wellhead, and (4) con-
tain such rental provisions and such other terms and provisions as the Secretary
may by regulation prescribe in advance of offering the area for lease.
(e) The Secretary is authorized to grant to the qualified persons offering the
highest cash bonuses on a basis of competitive bidding leases of any mineral other
than oil, gas, and sulphur in any area of the outer Continental Shelf not then under
lease for such mineral upon such royalty, rental, and other terms and conditions
as the Secretary may prescribe at the time of offering the area for lease.
(f) Notice of sale of leases, and the terms of bidding, authorized by this section
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2376 LEGAL COMPILATION—WATER
shall be published at least thirty days before the date of sale in accordance with
rules and regulations promulgated by the Secretary.
[71] 4e> (9) All moneys paid to the Secretary for or under leases granted
pursuant to this section shall be deposited in the Treasury in accordance with
section 9 of this Act.
[72] 4^ (h) The issuance of any lease by the Secretary pursuant to this section
8 of this Act, [73] the making of any interim arrangements by the Secretary
pursuant to section 7 of this Act, or the refusal of the Secretary to certify that the
United States does not claim any interest in [74] -asy- submerged lands pursuant
to section 7 of this Act, shall not prejudice the ultimate settlement or adjudication
of the question as to whether or not the area involved is [75] in the outer
Continental Shelf.
[76] (i) The Secretary may cancel any lease obtained by fraud or misrepresenta-
tion.
(j) Any person complaining of a cancellation of a lease by the Secretary may
have the Secretary's action reviewed in the United States District Court for the
District of Columbia by filing a petition for review within sixty days after the
Secretary takes such action.
SEC. 9. DISPOSITION OF REVENUES.—All rentals, royalties, and other sums [77] pay-
able paid under any lease on the outer Continental Shelf for the period from
June 5, 1950, to date and thereafter shall be [78] paid into deposited by the Secre-
tary and the Secretary of the Navy in the Treasury of the United States and
credited to miscellaneous receipts.
[79] SEC. 10. REFUNDS.— (a) Subject to the provisions of subsection (b) hereof,
when it appears to the satisfaction of the Secretary that any person has made a pay-
[p. 21]
ment to the United States in connection with any lease under this Act in excess of
the amount he was lawfully required to pay, such excess shall be repaid without
interest to such person or his legal representative, if a request for repayment of
such excess is filed with the Secretary within two years after the making of the
payment. The Secretary shall certify the amounts of all such repayments to the
Secretary of the Treasury, who is authorized and directed to make such repay-
ments out of any moneys not otherwise appropriated and to issue his warrant in
settlement thereof.
(b) No refund of or credit for such excess payment shall be made until after the
expiration of thirty days from the date upon which a report giving the name of the
person to whom the refund or credit is to be made, the amount of such refund or
credit, and a summary of the facts upon which the determination of the Secretary
was made is submitted to the President of the Senate and the Speaker of the
House of Representatives for transmittal to the Interior and Insular Affairs Com-
mittees of each body, respectfully: Provided, That if the Congress shall not be in
session on the date of such submission or shall adjourn prior to the expiration of
thirty days from the date of such submission, then such payment or credit shall
not be made until thirty days after the opening day of the next succeeding session
of Congress.
[80] SEC. 11. GEOLOGICAL AND GEOPHYSICAL EXPLORATIONS.—Any agency of the
United States and any person authorized by the Secretary may conduct geological
and geophysical explorations in the outer Continental Shelf, which do not interfere
with or endanger actual operations under any lease maintained or granted
pursuant to this Act, and which are not unduly harmful to aquatic life in such
area.
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STATUTES AND LEGISLATIVE HISTORY 2377
SEC. [81]-ifrl2. [82] NATIONAL EMERGENCY RESERVATIONS.—(a) The President of
the United States may, from time to time, withdraw from disposition any of the
unleased lands of the outer Continental Shelf [83] and rocorvc them for the use
of the United States in the interest of national security.
(b) In time of war, or when the President shall so prescribe, the United States
shall have the right of first refusal to purchase at the market price all or any
portion of [84] the oil and gac any mineral produced from the outer Continental
Shelf.
(c) All leases issued under this Act, and leases, the maintenance and operation
of which are authorized under this Act, shall contain or be construed to contain
a provision whereby authority is vested in the Secretary, upon a recommendation
of the Secretary of Defense, during a state of war or national emergency declared
by the Congress or the President of the United States after the effective date of
this Act, to suspend operations under, or to terminate any lease; and all such
leases shall contain or be construed to contain provisions for the payment of just
compensation to the lessee whose operations are thus suspended or whose lease is
thus terminated.
[85] (d) The United States reserves and retains the right to designate by and
through the Secretary of Defense, with the approval of the President, as areas
restricted from the exploration and operation that part of the outer Continental
Shelf needed for national defense; and so long as such designation remains in
effect no exploration or operations may be conducted on any part of the surface
of such area except with the concurrence of the Secretary of Defense; and if
operations or production under any lease theretofore issued on lands within any
such restricted area shall be suspended, any payment of rentals, minimum royalty,
and royalty prescribed by such lease likewise shall be suspended during such
period of suspension of operation and production, and the term of such lease shall
be extended by adding thereto any such suspension period, and the United States
shall be liable to the lessee for such compensation as is required to be paid under
the Constitution of the United States.
(e) All uranium, thorium, and all other materials determined pursuant to para-
graph (1) of subsection (b) of section 5 of the Atomic Energy Act of 1946, as
amended, to be peculiarly essential to the production of fissionable material,
contained, in whatever concentration, in deposits in the subsoil or seabed of the
outer Continental Shelf are hereby reserved for the use of the United States.
(f) The United States reserves and retains the ownership of and the right to
extract all helium, under such rules and regulations as shall be prescribed by the
Secretary, contained in gas produced from any portion of the outer Continental
Shelf which may be subject to any lease maintained or granted pursuant to this
Act, but the helium shall be extracted from such gas so as to cause no substantial
delay in the delivery of gas produced to the purchaser of such gas.
SEC. [86]-Mr 13. NAVAL PETROLEUM RESERVE EXECUTIVE ORDEB REPEALED.—Executive
Order Numbered 10426, dated January 16, 1953, entitled "Setting Aside Submerged
Lands of the Continental Shelf as a Naval Petroleum Reserve", is hereby revoked.
[87] SEC. 14. PRIOR CLAIMS NOT AFFECTED.—Nothing herein contained shall affect
such rights, if any, as may have been acquired under any law of the United
[p. 22]
States by any person on lands subject to this Act and such rights, if any, shall be
governed by the law in effect at the time they may have been acquired: Provided,
however, That nothing herein contained is intended or shall be construed as a
finding, interpretation, or construction by the Congress that the law under which
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2378 LEGAL COMPILATION—WATER
such rights may be claimed in fact applies to the lands subject to this Act or
authorizes or compels the granting of such rights oj such lands, and that the
determination of the applicability or effect of such law shall be unaffected by
anything herein contained.
[88] SEC. 15. APPROPRIATIONS.—There is hereby authorized to be appropriated such
sums as may be necessary to carry out the provisions of this Act.
SEC. [89] 12-16. SEPARABILITY.—If any provision of this Act, or any section, sub-
section, sentence, clause, phrase or individual word, or the application thereof
to any person or circumstance is held invalid, the validity of the remainder of the
Act and of the application of any such provision, section, subsection, sentence,
clause, phrase or individual word to other persons and circumstances shall not be
affected thereby.
EXPLANATIONS OF AMENDMENTS
[1], [2], and [3]. The change in wording is made to tie the definition of "outer
Continental Shelf" to the definitions and terms used in the Submerged Lands Act,
the text of which is set forth in the appendix.
[4] The numeral is eliminated because the committee decided to make the
definition a single one, tied into the Submerged Lands Act.
[5] The words "natural resources" are eliminated and "seabed" added in order
to make the definition consistent with the policy which is set forth in sections
3(a) and 4(a), namely, that the jurisdiction of the United States is asserted over
the entire seabed and subsoil of the outer Continental Shelf, rather than merely
over its natural resources.
[6] The word "removal" is used instead of "production" as being more accurately
descriptive of the operations covered by the term "mineral lease."
[7] The deletion of the limitation to "natural resources" carries out the commit-
tee's intent to extend the jurisdiction of the United States to the seabed and subsoil
as such.
[8] The words "free and unimpeded" are stricken as surplusage.
[9] The words "navigational servitude" are stricken because the Federal Gov-
ernment's power in the outer shelf areas is not dependent upon the constitutional
provision for control over navigation as in the navigable waters of the United
States.
[10] Section 4 (a) of the bill as introduced extended the maritime and admiralty
laws of the United States to structures used in connection with mineral devel-
opment on the outer shelf. It is stricken because the committee determined to
extend jurisdiction over the whole of the seabed and the subsoil, as well as to
operational structures.
[11] The new section 4 carries out the intent of the committee explained in
[10] namely, that the jurisdiction of the Federal Government is extended to the
seabed and subsoil of the outer shelf as such, as well as to artificial islands, and
fixed structures, including pipelines, used in mineral resource development. The
Constitution and laws of the United States are made applicable, but a proviso is
added that leasing shall be only under the provisions of S. 1901 itself.
Paragraph (2) adopts State law as Federal law, to be used when Federal sta-
tutes or regulations of the Secretary of the Interior are inapplicable.
Paragraph (3) makes it plain that the committee does not intend that the adop-
tion of State law shall ever be the basis for a claim by or on behalf of any State for
participation in the administration of or revenues from the areas outside of
State boundaries.
[12] Perfecting.
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STATUTES AND LEGISLATIVE HISTORY 2379
[13] The addition of the words "or transporting by pipelines" add cases or con-
troversies in connection with pipelines on the floor of the outer Continental Shelf
to the original jurisdiction conferred upon the United States district courts.
[14] It was deemed inadvisable to have the Federal Longshoremen's and Harbor
Workers' Compensation Act apply only if there is no applicable State law. By
this amendment, all workers on the outer shelf not already protected under laws
respecting seamen are protected by the Longshoremen's and Harbor Workers'
Compensation Act.
[15] The words "waters above the Continental Shelf," were deleted and "artificial
islands and fixed structures thereon" added to make more definite the application
of the Longshoremen's and Harbor Worker's Compensation Act to workers other
than those employed on vessels.
[p. 23]
[16] The deleted provision is believed unnecessary in view of the extension of
jurisdiction to the seabed and subsoil.
[17] Relettering made necessary by the deletion of the foregoing provision.
[18] Perfecting.
[19] Perfecting.
[20] In view of the blanket extension of Federal law and jurisdiction in section
4 (a) as amended the inclusion of the Fair Labors Standards Act is believed
unnecessary.
[21] As stated in the foregoing, since all applicable Federal laws are extended
to the seabed and subsoil of the outer shelf, the specific provisions respecting
aliens are believed unnecessary.
[22] The same reason applies to the provision prohibiting merchandise of foreign
growth or manufacture from being brought upon any drilling platform.
[23] Same as [21] and [22].
[24] Change in lettering of subsection necessary because of deletion above.
[25] The new material was recommended by the Treasury Department.
[26] Same as [25].
[27] Perfecting.
[28] The new provision is recommended by the Treasury Department to make
certain that all structures will have adequate safety devices both for the protec-
tion of ships in the area and persons working on the structures.
[29] Same as [24].
[30] [31], and [32] Perfecting.
[33] Section 5 as introduced merely provided as follows:
"The Secretary shall administer the provisions of this Act relating to the
leasing of the outer Continental Shelf, and shall prescribe such rules and
regulations as may be necessary to carry out such provisions. The Secretary
may prescribe such rules and regulations as he determines to be necessary
and proper in order to provide for the conservation of the natural resources
of the outer Continental Shelf. The continuance in effect of any lease, or
of any extension, renewal, or replacement of any lease, maintained or granted
under the provisions of this act, may be conditioned upon compliance with
the regulations prescribed by the Secretary under the provisions of this
section."
The amended section is a substitute for the original section 5, being more specific,
creating legislative standards, and making violations of secretarial conservation
regulations a misdemeanor, subject to criminal persecution and penalties.
[34] The new subsection (b) 1 provides that the Secretary may cancel, after
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2380 LEGAL COMPILATION—WATER
appropriate notice a nonproducing lease, the holder of which fails to comply with
the provisions of the act and the regulations of the Secretary. Paragraph 2 deals
with a producing lease and provides that such a lease may be forfeited in an
appropriate court proceeding for failure to comply with the provisions of the
act or with the regulations of the Secretary.
[35] The new subsection (c) authorizes the Secretary to grant rights-of-way
for pipelines laid upon the floor of the outer Continental Shelf upon the express
condition that such pipelines shall transport or purchase without discrimination
mineral products produced in the vicinity of such right-of-way. In the case of
gas, the Federal Power Commission is given authority to regulate transportation
or purchase, and in the case of oil, the Interstate Commerce Commission is
vested with the necessary authority.
[36] The words "or political subdivision or grantee thereof" are deleted because
they are inapplicable to existing leases on the outer shelf. As a factual matter,
only the States have issued outer shelf leases which may be validated.
[37] Clarifying.
[38] Perfecting.
[39-40] The amendments more clearly explain the legal status of the State-issued
leases.
[41] Technical change to be consistent with [39] and [40].
[42] Same as [40].
[43] Since the date of the Supreme Court decisions, namely, June 5, 1950, some
lessees have paid royalties to both the State and to the Federal Government. After
the issuance of the Executive Order No. 10426, on January 16, 1953, by which
the President attempted to create a naval petroleum reserve on the Continental
Shelf, such royalty payments to the Federal Government were made to the
Secretary of the Navy, rather than the Secretary of the Interior, as had been the
practice between the decisions and the date of the naval petroluem reserve order.
[p. 24]
Therefore, it is necessary to include payments made either to the Secretary of the
Interior or to the Secretary of the Navy, as complying with the condition for
validation.
[44] Perfecting.
[45] Technical to correct a misprint.
[46] The words "on oil and gas" are added here because of the addition of sulfur
to the leasing provisions.
[47] The provision for a 10-percent royalty on sulfur was made by the commit-
tee after careful consideration of the practices of the States of Louisiana and
Texas in issuing leases for sulfur. The new language is necessary to prescribe a
minimum royalty for sulfur in State oil and gas leases which are validated.
[48] The new paragraph is the "antiwindfall" provision discussed previously.
When the lessees bid for leases, they do so in the knowledge that they would be
subject to State taxes on their operations. Therefore, in order to prevent the
lessees from receiving a "windfall" through Federal administration of the area,
an amount equal to the State taxes is to be added to the royalty payments the
lessees will make to the United States.
[49] Technical.
[50] Technical.
[51] Subsection (b) of S. 1901 as introduced, for which the present language
is a substitution, reads as follows:
"Any person holding a mineral lease, which as determined by the Secretary
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STATUTES AND LEGISLATIVE HISTORY 2381
meets the requirements of subsection (a) of this section, may continue to
maintain such lease, and may conduct operations thereunder, in accordance
with its provisions for the full term thereof and of any extension, renewal,
or replacement authorized therein or heretofore authorized by the law of the
State issuing or whose subdivision or grantee issued such lease, or, if oil or
gas was not being produced from such lease or or before December 11, 1950,
then for a term from the effective date hereof equal to the term remaining
unexpired on December 11, 1950, under the provisions of such lease or any
extensions, renewals, or replacements authorized therein, or heretofore
authorized by the laws of such State."
The amended subsection spells out more specifically the conditions under which
a lease which meets the requirements of subsection (a) may be maintained, and
makes provision for those leases which contain sulfur rights along with the oil and
gas rights.
[52] and [53] Necessary relettering of subsections.
[54] Provides for finality to a determination by the Secretary if action for review
is not begun within 60 days.
[55] Provides for those instances in which an area under lease will be found to
be partly within State-owned submerged lands and partly within the area of the
outer shelf.
[56] Subsection (a) is new to the bill and makes provision for agreement by
the Secretary, with the approval of the Attorney General, to reach a working
agreement with a State or lessee that a particular lease does not lie within the
outer shelf area.
[57] Relettering necessary because of the addition of the new subsection, sub-
section (a), above.
[58] Technical.
[59], [60], and [61] Corrective.
[62] New wording is substituted for the language of subsection (a) of the bill
as introduced in order to provide by law more specific standards to govern the
issuance of leases by the Secretary of the Interior.
[63] Technical; made necessary by the inclusion of provision for leasing sulfur
as well as oil and gas.
Ł64] Technical.
[65] Sets maximum acreage in any one lease.
[66] Technical, cared for by [63].
[67] The added words are clarifying.
[68] Technical.
[69] Since leases are always, in practice, offered for bidding well in advance
of the actual time of sale, the prescribing of terms and conditions at the time of
such offering adequately meets the practical situation.
[70] The new subsections (c) and (d) are added to authorize leasing of sulfur
deposits, and specific standards for such leasing are laid down. Subsections (e)
and (f) prescribe further conditions for mineral leasing on the outer shelf.
[p. 25]
[71] and [72] Relettering of subsection made necessary by additions described
above.
[73] Makes specific reference to the interim leasing arrangements described in
[56].
[74] and [75] Perfecting.
[75] Perfecting.
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2382 LEGAL COMPILATION—WATER
[76] Subsections (i) and (j) authorize the Secretary to cancel a lease by fraud
or misrepresentation, but provides a right of appeal from such cancellation.
[77] Grammatical.
[78] Technical to meet the situation described in [43].
[79] Section 10, providing for refunds, is similar to provisions of Federal mineral
leasing laws, with the additional requirement of notice to Congress in advance
of repayment.
[80] Section 11 also is new to the bill and provides for authorization for geo-
logical and geophysical exploration in the area without unnecessary harm to
aquatic life.
[81] and [82] Technical.
[83] The committee believes that the authority of the President to withdraw
certain areas of the seabed of the Continental Shelf from leasing should not be
limited to security requirements. The authority vested in the President by the
amended section is comparable to that which is vested in him with respect to
federally owned lands on the uplands.
[84] Amendment made necessary by the inclusion of sulfur and other minerals
in the bill.
[85] A new subsection authorizes the Secretary of Defense, with the approval
of the President, to restrict certain areas from exploration and operations when
necessary in the interest of national defense. Provision is made for compensation
to lessees suffering loss from such reservation. Subsection (e) was placed in the
bill at the request of the Atomic Energy Commission, and its language is adopted
directly from the Atomic Energy Act. Subsection (b) reserves to the Federal
Government the rights to extract helium, from gas produced in the area. Such
rights are similar to those possessed by the Federal Government from gas pro-
duced on the uplands.
[86] Technical.
[87] Section 14 was added_ by the committee as a "savings clause" to protect any
rights that may have been acquired by any person in the outer shelf area under
any previous law. It is identical with section 8 of the Submerged Lands Act, and
is designed to serve an identical purpose.
[88] Section 15 was added to give legislative authority for such appropriations
as may be necessary to carry out the provisions of the act.
[89] Renumbering made necessary by the addition of new sections.
VIII. REPORTS FROM EXECUTIVE DEPARTMENTS
Representatives of the Department of Justice, the Department of
the Interior, and the Department of State appeared before the com-
mittee and testified on specific phases of S. 1901 and proposed
amendments. In addition, the committee received several written
reports which are set forth below.
DEPARTMENT or THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington 25, D.C., June 8,1953.
HON. GUY CORDON,
Committee on Interior and Insular Affairs,
United States Senate,
Washington, D.C.
MY DEAR SENATOR CORDON: This is in response (1) to your letter of May 18,
1953, requesting our comments on, and suggestions for amendments to S. 1901
-------
STATUTES AND LEGISLATIVE HISTORY 2383
and H.R. 5134, both of which would authorize the Secretary of the Interior to
lease the submerged lands of the outer Continental Shelf for certain purposes, and
(2) to your letter of May 26, 1953, requesting recommendations on pipelines and
on the amendments submitted by representatives of the offshore operating lessees
in the hearing of May 25, 1953. The latter amendments have since been printed in
the confidential committee print of S 1901 of May 28, 1953, hereinafter referred
[p. 26]
to as the committee print. All references herein to S. 1901 are to the said commit-
tee print. Except as those amendments are modified or deleted in the enclosed
schedule of amendments, we concur in their adoption.
We recommend the enactment of S. 1901 providing it is amended as suggested
herein and in the attached schedule of amendments.
S. 1901 is believed to be preferable to H.R. 5134. Among other things, H.R. 5134
provides for the extension by coastal States of their laws, except tax laws to the
outer Continental Shelf and the permissive use of their facilities and leasing
agencies in that area (sees. 9(a), 10(h)). As pointed out by Assistant Attorney
General Rankin in his letter to you, dated May 26, 1953 (pp. 2, 6, mimeographed
copy), these provisions are subject to constitutional and other objections. More-
over, they appear to be inconsistent with a "Statement by the President," dated
May 22, 1953, issued by the White House on the occasion of the signing by him
of the Submerged Lands Act, in which the President unqualifiedly said that the
submerged lands outside of the historic boundaries of the States "* * * should
be administered by the Federal Government * * *." (For the same reasons,
proposed alternative No. 1 and proposed alternative No. 2 appearing at the end of
section 4 in the committee print are objectionable.) Furthermore, in the light
of the conditions peculiar to operations in submerged lands and the limited experi-
ence in conducting them, it seems more sensible to delegate a broad leasing author-
ity to the Secretary along the lines of S. 1901, rather than one restricted by detailed
provisions respecting the exercise of that authority, as provided in H.R. 5134.
However, a number of the provisions of H.R. 5134 included in the proposed
amendments to S. 1901 appearing in the committee print are recommended for
adoption.
Section 4 of S. 1901 makes provision for the applicability of certain laws to the
outer Continental Shelf, which as defined in section 2 (a), would be beyond the
seaward boundaries of any State. Section 4 (b) concerns itself with jurisdiction
of the United States district courts with respect to cases and controversies arising
out of or in connection with operations for the purpose "of exploring for, develop-
ing, or removing the natural resources" of or involving rights in the outer Conti-
nental Shelf. Whether the quoted language includes transportation by pipeline is
doubtful. Hence, the words "or transporting" should be added to the quoted
words.
Provisions for the granting of rights-of-way for pipelines, to some extent similar
to those embodied in section 28 of the Mineral Leasing Act, as amended, should
be added to section 5 of S. 1901 as introduced. They should provide for the grant-
ing of such rights-of-way by the Secretary of the Interior for the transportation
of oil or natural gas upon the express condition that such pipelines shall transport
or purchase without discrimination oil or natural gas produced from the sub-
merged lands of the outer Continental Shelf in the vicinity of the pipelines in such
proportionate amounts as the Federal Power Commission, in the case of gas, and
the Interstate Commerce Commission in the case of oil, may after a full hearing
with due notice thereof to the interested parties, determine to be reasonable.
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2384 LEGAL COMPILATION—WATER
The aforesaid express condition is substantially the same as one contained in
section 28, except that the Federal Power and Interstate Commerce Commissions
are respectively substituted for the Secretary of the Interior. This is suggested
because those Commissions have broad regulatory authority with respect to oil
and gas pipelines and are better able to make determinations of the kind described
than this Department. Moreover, since all the oil and gas produced in the
outer Continental Shelf will come from Federal lands, the additional "common
carrier" obligation imposed by section 28 does not appear to be needed. For the
reasons mentioned, we recommend against the inclusion of subsection (f) of
section 5 of S. 1901 as proposed in the committee print.
Section 5 of S. 1901 as introduced authorizes the Secretary of the Interior to
promulgate rules and regulations as may be necessary to carry out the provisions
of the act relating to leasing and to provide for the conservation of the natural
resources. The expansion of that authority to include the prevention of waste
and the protection of correlative rights, as suggested in section 5 (b) of the
committee print, is desirable.
The last sentence of section 5 of S. 1901 as introduced provides that: "* * *
The continuance in effect of any lease, or of any extension, renewal, or replace-
ment of any lease, maintained or granted under the provisions of this Act, may be
conditioned upon compliance with the regulations prescribed by the Secretary
under the provisions of this section."
[p. 27]
It is suggested that "shall" be substituted for "may" in this sentence, since there
seems to be no basis for distinguishing between leases operating under a continu-
ance, extension, renewal, or replacement of any lease, and any other lessee under
the act, insofar as compliance with applicable regulations are concerned. In any
case, this sentence, revised as aforesaid, and otherwise for clarification reasons,
should be retained and not eliminated as suggested in the committee print. There
appears to be no reason, and we are aware of none advanced by the sponsors of
the deletion of the sentence, why the Secretary should not be authorized to pro-
mulgate regulations applicable to lessees complying with section 6 as well as other
lessees under the act, as long as the regulations are consistent with the provisions
of the act.
Section 5 of S. 1901 should be amended to expressly authorize the Secretary
of the Interior to deal by regulations with such matters as unitization, pooling,
subsurface storage of oil and gas, suspension of operations and production, waiver
or reduction of rentals or royalties, compensatory royalty agreements, the assign-
ment and surrender of leases, and the sale of royalty oil and gas. This authoriza-
tion should, we believe, be provided for in general terms rather than more
specifically as in effect provided for in section 5 (e) of the committee print by
adoption of portions of the Mineral Leasing Act of 1920, as amended (sees. 17,
17 (b), 30 (a), 30 (b), 36, 39; 30 U.S.C., 1946, ed., sees. 187a, 187b, 226, 226e, 192,
209). If the authority to promulgate regulations on these subjects is cast in
general terms, the Department would be free to incorporate the provisions of
the Mineral Leasing Act on the same subjects, but would also be free to modify
them as circumstances peculiar to operations and actual experience in adminis-
tering a leasing program in the submerged lands made appropriate.
The proposed section 5 (c) of the print makes it a misdemeanor to violate a
rule or regulation prescribed by the Secretary. The actions involved would
in all cases be those of lessees of the United States under the act. It is believed
that this provision is appropriate for and should be confined to violations of rules
-------
STATUTES AND LEGISLATIVE HISTORY 2385
or regulations for the prevention of waste, conservation of natural resources or
the protection of correlative rights. Otherwise, the remedies available to the
Government by way of cancellation of the lease and other civil relief would
appear to adequately protect the interests of the United States in the event the
Secretary's rules and regulations are violated.
Section 6 of S. 1901 authorizes persons holding mineral leases issued by a coastal
State or a political subdivision or grantee thereof on submerged lands of the outer
Continental Shelf prior to December 21, 1948, to continue to maintain those leases
and to conduct operations thereunder, if the other conditions prescribed in sub-
section (a) are met, except that the Secretary of the Interior would, in effect,
be substituted as lessor. December 21, 1948, is the date on which the United
States commenced the actions against Louisiana and Texas in the Supreme Court
which culminated in the decisions of June 5, 1950, favorable to the United States
on the controversy concerning the submerged lands of the Continental Shelf
(United States v. Louisiana, 339 U.S. 699; United States v. Texas, 339 U.S. 707).
A similar decision had been rendered in the California case on June 23, 1947
(United States v. California, 332 U.S. 19). The executive branch of the Govern-
ment has consistently adhered to the view that the United States ought to recog-
nize the equities of persons who obtained leases on the submerged lands of the
Continental Shelf from coastal States at a time when such persons had reason
to believe that the lessors thereunder could validly issue them.
Subsection (b) of section 6 should be revised to provide that the person holding
a mineral lease determined by the Secretary to meet the requirements of subsec-
tion (a) may continue to maintain such lease in accordance with its provisions as
to area, minerals covered, rentals, royalties, and term, subject to the provisions of
paragraphs (8), (9), and (10) [as redesignated] of subsection (a), and in accord-
ance with such regulations as the Secretary may prescribe under section 5 of
the act. As now written, subsection (b) is too broad in adopting in effect all the
provisions of the State leases. For a similar reason, and because subsection (a) of
section 5 will provide the Secretary with ample authority to promulgate regula-
tions concerning supervision and control, subsection (c) should be eliminated.
Subsection (a) of section 7 of the committee print would permit the holder of a
State lease who filed with the Secretary a certificate stating that doubt exists as
to whether an area covered by his lease lies within the outer Continental Shelf to
interplead the United States and with its consent, if necessary, the State in an
action brought to resolve the doubt. In the event the State would be inter-
pleaded, the lessee may deposit with the court all rents, royalties, and other sums
payable under the lease. This subsection appears to be subject to the same objec-
[p. 28]
tions, which Assistant Attorney General Rankin makes in his letter of May 28,
1953, to you (p. 8, mimeographed copy) with respect to section 18 (a) (1) of
H.R. 5134. That subsection of the committee print should, therefore, be eliminated.
Section 8 of S. 1901 as introduced makes no provision concerning the leasing of
sulfur or other minerals, except oil and gas. The prospects for discovery of sulfur
deposits in the submerged lands of the outer Continental Shelf in the Gulf of
Mexico are good and the production of sulfur from those deposits by the Frasch
solution method appears to be practical. Moreover there may well be other min-
erals besides sulfur and oil and gas in those submerged lands and their produc-
tion may be practical in the future, if not now. It is therefore, suggested that a
new subsection in general terms authorizing the leasing of minerals other than
oil and gas and fissionable minerals, be added to section 8. The proposed subsec-
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2386 LEGAL COMPILATION—WATER
tions (c) and (d) of section 8 of the committee print are objectionable because
they are confined to sulfur and they are too detailed for the submerged lands at
this time.
It should be pointed out that S. 1901 does not apply to Alaska. Because of the
special problems involved in enacting legislation on the subject of mineral leasing
of submerged lands adjacent to the Territory, it is suggested that the matter be
hereafter treated in a separate bill.
The Bureau of the Budget has advised that there is no objection to the sub-
mission of this report to your committee.
Sincerely yours,
DOUGLAS McKAY,
Secretary of the Interior.
SCHEDULE OF AMENDMENTS
The following are suggested by the Department of the Interior as amendments
to S. 1901 as proposed to be revised in the confidential committee print of the
Senate Interior and Insular Affairs Committee, dated May 28, 1953. Unless
otherwise indicated herein, the Department concurs in the proposed amendments
to S. 1901 appearing in the committee print.
SECTION 3
Revise subsection (b) to read as follows:
"(b) This act shall be construed in such manner that the character as high
seas of the waters above the outer Continental Shelf and the right to their free
and unimpeded navigation and to fishing therein shall not be affected."
SECTION 4
In subsection (b) strike "or" before "removing" and insert after "removing",
the words "or transporting" (p. 3, line 22).
Neither the amendment designated "Proposed Alternative No. 1" nor the one
designated "Proposed Alternative No. 2" (pp. 8-10) should be adopted.
SECTION 5
Revise to read as follows:
"SEC. 5. Administration of Leasing of the Outer Continental Shelf, (a) The
Secretary shall administer the provisions of this Act relating to the leasing of the
outer Continental Shelf, and shall prescribe such rules and regulations as may be
necessary to carry out such provisions. The Secretary may at any time prescribe
and amend such rules and regulations as he determines to be necessary and proper
in order to provide for the prevention of waste and conservation of the natural
resources of the outer Continental Shelf, and the protection of correlative rights
therein, and notwithstanding any other provisions herein, such rules and regula-
tions shall apply to all operations conducted under a lease issued or maintained
under the provisions of this Act. Without limiting the generality of the foregoing
provisions of this section, the rules and regulations prescribed by the Secretary
thereunder may provide for the sale of royalty oil and gas accruing or reserved
to the United States at not less than market value, and, in the interest of conser-
vation, for unitization, pooling, communitization or drilling agreements, suspen-
sion of operations or production, reduction of rentals or royalties, compensatory
royalty agreements, subsurface storage of oil or gas in any of said submerged
lands and drilling or other easements necessary for operations or production.
Any person who knowingly and willfully violates any rule or regulation prescribed
[p. 29]
-------
STATUTES AND LEGISLATIVE HISTORY 2387
by the Secretary for the prevention of waste, the conservation of the natural
resources or the protection of correlative rights shall be deemed guilty of a mis-
demeanor and punishable by a fine of not more than $2,000 or by imprisonment
for not more than six months, or by both such fine and imprisonment, and each day
of violation shall be deemed to be a separate offense. The issuance and continu-
ance in effect of any lease, or any extension, renewal, or replacement of any lease
under the provisions of this Act shall be conditioned upon compliance with the
regulations issued under this Act and in force and effect on the date of the issuance
of the lease if the lease is issued under the provisions of section 8 hereof or with the
regulations issued under the provisions of section 6 (b) clause (2) hereof if the
lease is maintained under the provisions of section 6 hereof.
" (b) Whenever the owner of a nonproducing lease fails to comply with any of
the provisions of this Act, or of the lease, or of the regulations issued under this
Act and in force and effect on the date of the issuance of the lease if the lease
is issued under the provisions of section 8 hereof, or of the regulations issued
under the provisions of section 6 (b) clause (2) hereof if the lease is maintained
under the provisions of section 6 hereof, such lease may be canceled by the
Secretary, subject to the right of judicial review as provided in section 8 (i), if
such default continues for the period of thirty days after the mailing of notice sent
by registered letter to the lease owner at his record post office address. Whenever
the owner of any producing lease fails to comply with any of the provisions
of this Act, or of the lease, or of the regulations issued under this Act and in
force and effect on the date of the issuance of the lease if the lease is issued
under the provisions of section 8 hereof, or of the regulations issued under the
provisions of section 6 (b) clause (2) hereof if the lease is maintained under the
provisions of section 6 hereof, such lease may be forfeited and cancelled by an
appropriate proceeding in any United States district court having jurisdiction
under the provisions of section 4 (b) of this Act.
"(c) (1) Rights-of-way through the submerged lands of the outer Continental
Shelf, whether or not such lands are included in a lease maintained or issued pur-
suant to this Act, may be granted by the Secretary of the Interior for pipeline
purposes for the transportation of oil or natural gas under such regulations and
upon such conditions as to the application therefor and the survey, location and
width thereof as may be prescribed by the Secretary of the Interior, and upon the
express condition that such pipelines shall transport or purchase without dis-
crimination, oil or natural gas produced from said submerged lands in the vicinity
of the pipeline in such proportionate amounts as the Federal Power Commission,
in the case of gas, and the Interstate Commerce Commission, in the case of oil,
may, after a full hearing with due notice thereof to the interested parties, deter-
mine to be reasonable, taking into account, among other things, conservation
and the prevention of waste. Failure to comply with the provisions of this sec-
tion or the regulations and conditions prescribed thereunder shall be ground for
forfeiture of the grant in an appropriate judicial proceeding instituted by the
United States in any United States district court havng jurisdiction under the
provisions of section 4 (b) of this Act."
SECTION 6
Redesignate paragraphs "(9)" and "(10)" of subsection (a) "(10)" and "(11)",
respectively.
Add a new paragraph " (9)" to subsection (a), reading as follows:
" (9) the holder thereof pays to the Secretary within the period or periods
specified in paragraph (1) of this subsection an amount equivalent to any
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2388 LEGAL COMPILATION—WATER
severance, gross production, or occupation taxes imposed by the State issu-
ing the lease on the production from the lease, less the State's royalty
interest in such production, between June 5, 1950, and the effective date of
this Act and not heretofore paid to the State, and thereafter pays to the
Secretary as an additional royalty on the production from, the lease, less the
United States royalty interest in such production, a sum of money equal
to the amount of the severance, gross production or occupation taxes which
would have been payable on such production to the State issuing the lease
under its laws as they existed on the effective date of this Act;"
Subsection (b) should be revised to read as follows:
" (b) Any person holding a mineral lease, which as determined by the Secretary
meets the requirements of subsection (a) of this section, may continue to maintain
such lease, and may conduct operations thereunder, in accordance with (1) its
provisions as to area, the minerals covered, rentals and, subject to the provisions
[p. 30]
of paragraphs (8), (9) and (10) of subsection (a) of this section, as to royalties
and as to the term thereof and of any extensions, renewals, or replacements
authorized therein or heretofore authorized by the laws of the State issuing or
whose political subdivision or grantee issued such lease, or, if oil or gas was not
being produced in paying quantities from such lease on or before December 11,
1950, or if production in paying quantities has ceased since December 11, 1950,
or if the primary term of such lease has expired since December 11, 1950, then
for a term from the effective date hereof equal to the term remaining unexpired
on December 11, 1950, under the provisions of such lease or any extensions,
renewals, or replacements authorized therein, or heretofore authorized by the
laws of such State, and (2) such regulations as the Secretary may under section 5
of this Act prescribe within 90 days after making his determination that such
lease meets the requirements of subsection (a) of this section."
Subsection (c) should be eliminated.
SECTION 7
The title should read: "Disclaimer and Controversy over Jurisdiction."
The proposed subsection "(a)" should not be included (see Assistant Attorney
General Rankin's letter to Acting Chairman Cordon, May 26, 1953, second full
paragraph, p. 8, mimeographed copy) .
Subsections "(b)" and "(c)" should be renumbered "(a)" and "(b)", respec-
tively.
In line 3, page 20, "and" should be stricken and after "(17 F. R. 5833)," there
should be inserted "and December 24, 1952 (18 F. R. 48),".
SECTION 8
The word "sealed" before "bidding" in subsection (a) should not be added, as
proposed (p. 20, line 11).
In subsection (b) "by regulation" should be eliminated, and "at the time"
should be substituted for "in advance" (p. 21, lines 1 and 2).
The proposed subsections " (c)" and " (d)" should not be included. Subsections
" (c)" and " (d)" should read as follows:
" (c) The Secretary is authorized to grant to the qualified persons offering the
highest cash bonuses on a basis of competitive bidding leases of any mineral
other than oil and gas in any area of the outer Continental Shelf not then under
lease for such mineral upon such royalty, rental, and other terms and conditions
as the Secretary may prescribe at the time of offering the area for lease.
-------
STATUTES AND LEGISLATIVE HISTORY 2389
"(d) No lease issued under this section shall in any event include uranium,
thorium or any other material determined pursuant to paragraph (1) of subsection
(b) of section 5 of the Atomic Energy Act of 1946 to be peculiarly essential to the
production of fissionable material."
Subsections (h) and (i) should be added as follows:
" (h) The Secretary may cancel any lease obtained by fraud or misrepresenta-
tion.
" (i) Any person complaining of the cancellation of a lease by the Secretary may
have the Secretary's action reviewed in the United States District Court for the
District of Columbia by filing a petition for review within 60 days after the Secre-
tary takes such action."
SECTION 12
In subsection (b) substitute "any mineral" for "the oil and gas" (p. 24, line 3).
DEPARTMENT OF JUSTICE,
Washington, May 26,1953.
HON. GUY CORDON,
Acting Chairman, Committee on Interior and Insular Affairs,
United States Senate, Washington, D.C.
DEAR SENATOR CORDON: In compliance with your request to the Attorney Gen-
eral, I submit the following comparison of S. 1901 and H.R. 5134, with comments
and suggestions.
In form, H.R. 5134 is an amendment to the Submerged Lands Act, whereas
S. 1901 is an independent act. It seems immaterial which form is adopted. (For
convenience of citation, the Submerged Lands Act as proposed to be amended
by H.R. 5134 is designated herein as "House bill," with section numbers of that
act, rather than of H.R. 5134 itself.)
[p. 31]
Definitions
"Outer Continental Shelf" is denned identically in the 2 bills (S. 1901, sec. 2 (a);
House bill, sec. 2 (i)).
"Secretary" is defined as the Secretary of the Interior in both bills (S. 1901,
sec. 2 (b); House bill, sec. 2 (j)).
"Mineral lease" is denned by S. 1901, section 2 (c), as any form of authoriza-
tion to explore for, develop, or produce minerals. The House bill, section 2 (k),
defines "lease" as "including any form of authorization for the use, development,
or production from lands beneath navigable waters or lands of the outer Con-
tinental Shelf and the natural resources therein and thereunder." This defini-
tion is grammatically defective, in that it does not specify what is to be used,
developed, or produced. The Senate definition is also preferable in that it covers
Federal as well as State leases. Reference to lands beneath navigable waters
and the outer Continental Shelf is unnecessary in the definition, as the substan-
tive provisions of the bill always specify, as they should for clarity, the particular
area to which they relate. Mineral leases apparently are the only kind involved,
at least at present, in this area; there may be a question whether it is desirable
to define "leases" generally. The meaning of "lessee" seems to be an inevitable
corollary of the definition of "lease," and no specific definition of it should be
necessary.
"Person" is defined by S. 1901, section 2, (d), in the same way as by section
2 (h) of the present Submerged Lands Act. Being an amendment of the latter
act, the House bill needs no new corresponding definition.
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2390 LEGAL COMPILATION—WATER
"Mineral Leasing Act" is defined by section 2 (1) of the House bill. S. 1901
does not refer to that act, and contains no such definition. It should be added
if the Senate adopts the provisions of the House bill, or others referring to the
Mineral Leasing Act.
General provisions
H.R. 5134, section 2, repeals section 11 (separability) of the Submerged Lands
Act, and substitutes an identical section 21. S. 1901, section 12, is identical (except
for provisions applicable only to the present Submerged Lands Act, and un-
necessary in a separate act).
H.R. 5134, section 2, repeals section 10 of the Submerged Lands Act (revoking
Executive Order No. 10426 as to lands beneath navigable waters) and substitutes
section 19, revoking that order in toto (S. 1901, sec. 11, is identical with sec. 19
of the House bill).
H.R. 5134, section 2, repeals section 9 of the Submerged Lands Act (reserving
Federal rights in the outer Continental Shelf), and substitutes sections 9-18,
providing for leasing and exchange of leases in that area. S. 1901, being a separate
act, not inconsistent with the Submerged Lands Act, needs no repealing provision;
it makes corresponding, but different, provisions for leasing and exchange of
leases, discussed below.
S. 1901, section 3, declares that the subsoil and seabed of the outer Continental
Shelf are subject to the control of the United States, but that the overlying waters
retain their character as high seas, and the right to their free and unimpeded nav-
igation and the navigational servitude shall not be affected. Similar provisions
are made by section 9 (a) of the House bill. Reference to the navigational servi-
tude should be deleted. That is a right of the Federal Government in navigable
waters of the United States; as these are not waters of the United States, the
servitude does not exist here. Reference to it is only confusing, and seems to
conflict with the declaration that control over the waters is not asserted.
Jurisdiction
Section 9 (a) of the House bill makes a blanket provision that Federal laws shall
apply to the entire area of the outer Continental Shelf. This is not sufficiently
specific, in that it does not indicate what applicability is intended to be given to
Federal laws which by their terms apply only to specified places that would not
in terms include the outer Continental Shelf. For example, laws relating to
national parks, or to public buildings, would not be understood as being extended
to the entire seabed of the Continental Shelf. However, it is not clear whether
that group of criminal laws applicable to the "special maritime and territorial
jurisdiction of the United States", as defined in 18 U.S.C. section 7, would be so
extended; the outer Continental Shelf seems not to be within the literal definition
of that special jurisdiction, yet those laws probably should be made applicable.
Some other Federal laws could not be given full applicability without some
specific provision; for example, the Longshoremen's and Harbor Workers' Act by
[p. 32]
its terms applies only to maritime workers, and so even though extended terri-
torially to this area probably would not apply to most workmen found there.
Section 9 (a) of the House bill gives the Secretary power to make regulations for
the area; this would enable him to clarify these situations by regulation, and
makes the provisions adequate, to the extent that it is considered sufficient for
the applicable law to be found in regulations rather than in statutes.
Section 9 (a) of the House bill further provides that coastal States may extend
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STATUTES AND LEGISLATIVE HISTORY 2391
their laws, other than tax laws, over the outer Continental Shelf within their
projected boundaries as determined by the Secretary, so far as such laws are not
inconsistent with Federal laws and regulations, and that the Secretary shall
reimburse the States for reasonable costs of administering their laws so extended.
This is objectionable on several grounds. It raises a serious constitutional ques-
tion of delegation of legislative power. This is a Federal area, outside State
boundaries, and to give the States a sort of extraterritorial jurisdiction over it is
unnecessary and undesirable. The situation is not comparable to that of fed-
erally owned areas within a State, as to which State law has some measure of
applicability. Particularly in view of the intermingling of national and inter-
national rights in the area, it is important that the Federal Government, which
has the responsibility for handling foreign relations, have the exclusive control of
law making and law enforcement there.
S. 1901 presents a different approach to the problem of providing a body of law.
Section 4 (a) provides that acts and offenses on structures (other than vessels)
shall be governed by the law applicable to vessels of the United States on the high
seas. This clearly specifies, as the House bill does not, the manner in which Fed-
eral law is to apply, and insofar as it relates to Federal law it is satisfactory, al-
though it should probably be broadened to include the seabed and subsoil as well
as structures. Where structures are owned by persons or corporations, this would
make applicable the law of the domiciliary State of the owner, to the extent that it
did not conflict with Federal law. This constitutes a delegation of Federal legis-
lative power to a State, and raises the same constitutional question mentioned
above with respect to adjoining coastal States. However, the provision may well
be left as it is in that respect. Even if the courts hold it inoperative to adopt State
law, that should not impair its effectiveness to adopt those Federal laws applicable
to American ships on the high seas.
In addition to this blanket adoption of laws applicable to American vessels on
the high seas, S. 1901, section 4 (c) through (4) (i), makes specific provision for the
application, with modifications in some instances, of Federal laws relating to
workmen's compensation, mortgage recordation, labor relations, fair labor stand-
ards, immigration, and importation and exportation of goods.
S. 1901, section 4 (c), making the Longshoremen's and Harbor Workers' Com-
pensation Act applicable to employment in exploration or development of resources
of the outer Continental Shelf is explicit and adequate.
S. 1901, section 4 (d) makes the Ship Mortgage Act applicable to structures,
subject to such regulations as the Secretary of Commerce may establish. The
reference should be to the Secretary of the Treasury, in view of Reorganization
Plan No. 3 of 1946 (sec. 102, 60 Stat. 1097), substituting the Commissioner of
Customs for the Secretary of Commerce with respect to this act, and Reorganiza-
tion Plan No. 26 of 1950 (sec. 1, 64 Stat. 1280), substituting the Secretary of the
Treasury for all officers of the Treasury Department (of whom the Commis-
sioner of Customs is one). A provision for liens and recording is highly desirable,
but the Ship Mortgage Act is so peculiarly adapted to the special problems of liens
on ships that there may be a serious doubt whether its application to these struc-
tures will be altogether satisfactory. However, it will probably be reasonably
workable, and consideration of a more satisfactory expedient may well be deferred
until experience has developed the problems to be met. It might be desirable,
however, to broaden this subsection so as to apply to the outer Continental Shelf
as a whole; in that way it could provide for recordation of liens on leaseholds
where no structure has yet been built.
S. 1901, sections 4 (e) through 4 (i), should be similarly broadened to cover the
entire outer Continental Shelf, and not merely structures thereon.
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2392 LEGAL COMPILATION—WATER
S. 1901, section 4 (k), contains a very desirable provision that specific reference
to the application of certain laws does not imply that others are not applicable.
S. 1901, section 4 (j), gives the Coast Guard authority to establish and enforce
safety regulations. This is desirable, but might be broadened to include specifi-
cally authority to enforce all other laws and regulations applicable to the area.
S. 1901, section 4 (b), provides for jurisdiction and venue in Federal district
courts for controversies arising in connection with operations on the Outer Con-
[p. 33]
tinental Shelf, or involving rights there. Section 13 of the House bill makes a
similar provision, but only as to proceedings involving a lease or rights under a
lease on the outer Continental Shelf. The broader form of the Senate version is
preferable, but might itself be broadened to include all causes of action arising on
the outer Continental Shelf or structures thereon.
S. 1901, section 5, authorizes the Secretary to make regulations relating to leasing
and conservation. Section 9 (a) of the House bill authorizes the Secretary to
make regulations for the area, without limitation as to their subject matter. The
latter provision is preferable, as there may be a need for various regulations not
directly relating to leases or conservation.
Confirmation of State leases
Both bills protect the rights of lessees under existing leases, but with various
differences, some minor and some very important (S. 1901, sec. 6; House bill,
sec. 11).
Section 11 (a) of the House bill requires the Secretary to issue exchange leases,
with provision for interim operation under existing leases. S. 1901, section 6 (b),
provides that State leases which meet the specified requirements shall remain in
effect. The provision for exchange leases is preferable from an administrative
point of view, and has the advantage of permitting inclusion of new terms and
conditions desired by the Secretary.
Both bills apply to leases issued, without fraud, before December 21, 1948 (the
date on which the Louisiana and Texas cases were begun), and in effect on June
5, 1950 (the date of the decisions in those cases) (House bill, sec. 11 (a); S. 1901,
sec. 6 (a) (2)). The Senate bill also covers leases issued with the approval of
the Secretary and in effect on the effective date of the act, without restriction
as to date of issuance. The latter appears to be a fair and reasonable provision.
The language of the House bill in this respect, "which would have been in force
and effect * * * had the State issuing such lease had such paramount rights"
etc., is technically more correct than that of S. 1901, "which was * * * in force
and effect" etc. However, the words "except as modified as to additional royal-
ties provided later in this section" should be omitted from the first sentence
of section 11 (a) of the House bill. That phrase of course relates to the exchange
lease, but is there made part of an enumeration of the conditions which the original
lease must meet in order to qualify for exchange. It has no relevancy to those
conditions, and if given any effect would make all leases ineligible for exchange.
Both bills provide for review, by the District Court for the District of Columbia,
of a determination by the Secretary that a lease is not qualified for continuance
or exchange (House bill, sec. 11 (a); S. 1901, sec. 6 (e)). Such provision is
desirable.
The other conditions which a lease must meet to qualify for continuance under
S. 1901 are largely different from those prescribed by H.R. 5134 for exchange. S.
1901, section 6 (1) requires filing of the lease or a copy with the Secretary within
90 days from the effective date of the act, or further time fixed by the Secretary.
The House bill allows 6 months, or such further time as the Secretary allows,
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STATUTES AND LEGISLATIVE HISTORY 2393
from the effective date of the act (sec. 11 (b) (i)), or 6 months from determination
in interpleader that the area involved is part of the outer Continental Shelf (sec.
18 (a) (3)). Six months seems not too liberal a time limit, although there is no
real objection to the 90-day limit, especially in view of the Secretary's authority
to extend it. The provision relative to interpleader is appropriate, if an inter-
pleader procedure is adopted; but it should be required that the interpleader
proceedings be begun within the time allowed for filing a lease or application for
exchange, in order to toll the time for such filing.
S. 1901, section 6 (a) (3), and section 11 (b) (v) of the House bill make similar
requirements as to filing evidence that the original lease was in effect as required
by the act.
Section 11 (b) (iii) of the House bill requires, as a condition precedent to ex-
change, that the lessee pay to the United States all sums due to the original lessor
after June 5, 1950 (the date of decision of the Louisiana and Texas cases), not
already paid to the lessor or to the Secretary. Section 11 (a) provides that the
exchange lease shall provide for payment to the United States of the same rentals,
royalties, and other payments as were provided for by the original lease, plus
an additional royalty equal to "any severance tax charged by an abutting State."
The provision for additional royalty is important, as it prevents a windfall to
lessees through their being relieved of State severance taxes which presumably
were taken into consideration in fixing the terms of the original leases. However,
it might be preferable to refer to "any severance tax imposed by the State issuing
[p. 34]
or whose grantee issued, the lease." The provision does not specify whether
the State tax referred to is to be that in effect when the original lease was executed,
when the exchange lease is issued, or as it may be from time to time. This should
be made specific; probably the date of the exchange lease is the most desirable.
S. 1901, section 6 (a) (4), prescribes as a condition for continuance in effect of
a State lease that the lessee shall pay to the Secretary all sums due and unpaid
under the lease between June 5, 1950, and the effective date of the act, and all
sums due thereafter. This does not impose any obligation on the lessee to make
such payments, but only makes them a prerequisite to continuance of his lease.
The issuance of an exchange lease, obligating the lessee to pay the United States
according to its terms, as provided by the House bill, is preferable; and it is par-
ticularly important to provide for additional payments equal to the State severance
tax.
S. 1901, section 6 (a) (5), requires the lessee to certify that the lease shall
remain subject to the same overriding royalty obligations existing on the effective
date of the act. This is believed to be a desirable provision. Section 11 (b) (ii)
of the House bill requires a similar statement to be included in an application for
an exchange lease, but does not specify a critical date. The date of issuance of
the exchange lease should probably be specified, in that case.
S. 1901, section 6 (a) (7), requires leases issued on or after June 23, 1947 (the date
of decision of the California case), to have been issued upon competitive bidding,
to qualify for continuance. The House bill has no corresponding provision.
This requirement seems appropriate but not essential.
S. 1901, section 6 (a) (8), requires that the lessee consent to pay a royalty of
12% percent in cases where the lease as originally issued requires less. The House
bill makes no corresponding requirement. Conceivably, this requirement could
work hardship on a lessee who paid a very high cash bonus for his lease, in con-
sideration of a very low royalty; but in practice it is believed that no difficulty
will arise.
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2394 LEGAL COMPILATION—WATER
S. 1901, section 6 (a) (9), requires that if a lease will not terminate within 5 years
from the effective date of the act, in the absence of drilling or production, the
lessee must file a consent to such termination within 5 years. The House bill
has no corresponding provision. The requirement seems reasonable and desirable.
S. 1901, section 6 (a) (10), and the House bill, section 11 (b) (iv), require such
surety bond and compliance with such other requirements as the Secretary may
impose to protect the interests of the United States. This is desirable.
S. 1901, section 6 (b), provides that the lessee under a qualifying lease may
continue operations for the full term thereof, or if oil or gas was not being pro-
duced on or before December 11, 1950 (the date of the decrees in the Louisiana
and Texas cases), then for a term from the effective date of the act equal to the
term remaining unexpored on December 11, 1950; together with extensions
authorized by the lease or heretofore authorized by State law. The House bill,
section 11 (a), makes a similar provision as to the term of exchange leases, appli-
cable also to any lease of which the primary term has expired since December 11,
1950. These provisions are designed to protect lessees against forfeitures due to
suspension of operation as a result of the Supreme Court decrees. The Senate
version appears adequate for that purpose.
Section 11 (a) of the House bill provides that exchange leases shall be, in other
respects, for the same term, upon the same area, and for the same payments as the
original lease, and upon such additional terms as the Secretary may prescribe,
consistent with the act. S. 1901 has no such provision for additional terms, since
it does not provide for new leases. As stated above, this is one reason why the
exchange procedure is preferable.
Section 11 (c) of the House bill provides that where a State lease covers areas
both within and without the outer Continental Shelf, the exchange provisions
apply only to the area within the outer Continental Shelf. This is a highly desirable
provision which is lacking from the Senate bill, and should be added. However,
under the Senate procedure for continuance of operations under the original lease,
it presumably would take the form of proration of payments, with consents as to
increase of royalty and reduction of term made applicable only to the portion of the
lease area within the outer Continental Shelf. The complications that this would
involve are another cogent reason for preferring the exchange lease procedure.
S. 1901, section 6 (c) vests in the Secretary such powers of supervision and
control as the lessor may have by law or under terms of the lease. This may give
the Secretary different powers as to to different leases or areas, which will be con-
fusing, and may raise a question of delegation of legislative power if the State law
is changed. Under the exchange lease procedure of the House bill, no such pro-
[p. 35]
vision is made or needed, as it is implicit that the Secretary will have the same
control over exchange leases as over new leases. Again, the exchange procedure
is preferable.
S. 1901, section 6 (d), preserves claims of the United States arising out of opera-
tions before the effective date of the act. Section 15 of the House bill, on the other
hand, waives such claims arising before June 5, 1950 (date of the decision in the
Louisiana and Texas cases), except where there was fraud in securing or operating
under the lease. However, these provisions probably are similar in effect, since
in the Louisiana and Texas cases accounting was ordered only for production after
June 5, 1950, so it appears that claims arising after that date are the only ones the
United States can enforce in any event.
New leasing
Both the Senate and House bills authorize the Secretary to make new oil and gas
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STATUTES AND LEGISLATIVE HISTORY 2395
leases. The House bill establishes a permanent procedure, with detailed provisions
(House bill, sec. 10); the Senate bill is designed only to meet "the present emer-
gency" and imposes a minimum of restrictions on the complete discretion of the
Secretary (S. 1901, sec. 8). It is believed that a permanent procedure is preferable;
the practice of limiting the Secretary's discretion as to leasing procedure and
lease provisions follows the precedent of the Mineral Leasing Act, and is not
objectionable.
Both bills are permissive only, which is desirable (S. 1901, sec. 8 (a); House bill,
sec. 10 (a)). f
Both bills provide for issuance of leases upon the highest cash bonus bid of a
qualified person (S. 1901, sec. 8 (a); House bill, sec. 10 (a)). However, it is
believed that serious consideration might well be given to permitting alternatively,
competitive royalty bidding, with minimum royalty fixed by the act and by the
Secretary.
Both bills provide for terms of 5 years, and as long thereafter as drilling or paying
production continues (S. 1901, sec 8 (b) (2); House bill, sec. 10 (c), 10 (d), 10 (e)).
Both bills fix a minimum royalty of 12V2 percent (S. 1901, sec. 8 (b) (3); House
bill, sec. 10 (d)). These provisions seem satisfactory.
The Senate bill gives the Secretary discretion as to other lease terms (S. 1901,
sec. 8 (b) (4)) and as to the size and shape of leased areas (S. 1901, sec. 8 (b) (1)).
The House bill fixes maximum sizes of leasing units and requires them to be
reasonably compact in form (House bill, sec. 10 (b)), provides against forfeiture
for cessation of production if reworking commences within 90 days or, during the
primary term, if rental payments or reworking are resumed by the next rental date
after 90 days (sec. 10 (d)), and requires leases to provide for skillful and diligent
operation (sec. 10 (c)), delay rentals of at least $1 an acre after the first year (sec.
10 (d)), and minimum royalty of at least $1 an acre after discovery of oil or gas
(sec. 10 (d)). Those provisions are not objectionable. The House bill gives the
Secretary discretion as to other lease terms (sec. 10 (h)).
The House bill makes detailed provisions for leasing procedures, which are not
objectionable (sec. 10 (a)). S. 1901 has no corresponding provisions.
The House bill permits the Secretary to refuse leases to aliens whose nation
denies similar privileges to Americans, and to cancel leases where such ownership
arises, subject to a 2-year grace period where it arises by inheritance or judgment.
It forbids control of leases by combinations in restraint of trade (sec. 10 (i)). S.
1901 has no corresponding provisions. These provisions are not objectionable.
The House bill permits the Secretary to cancel leases obtained by fraud (sec.
10 (j)), and also permits cancellation, on 20 days' notice, for default (sec. 10 (f)),
reviewable in either case by the District Court for the District of Columbia (sec.
10 (f)). Such provisions are desirable, and should be added to S. 1901.
The House bill provides that where a lease or interest therein is owned or con-
trolled in violation of the act, the Secretary may cancel the lease or forfeit the
interest, or compel disposal of it in a court proceeding (sec. 10 (f)). This provision
should be clarified; it leaves doubt whether the Secretary has discretion to cancel
entire leases where only an interest in it is held in violation of the act; and because
of the arrangement of the paragraph leaves a serious doubt as to whether such
cancellation or forfeiture is included in the provision for judicial review. Prob-
ably the Secretary should be allowed to cancel or forfeit only the offending inter-
ests, and the provision for judicial review should be made applicable. With those
modifications, it would be desirable to add such provision to S. 1901.
The House bill permits the Secretary to use facilities of adjacent States and
their leasing agencies (sec. 10 (h)). Even though only permissive, such provision
[p. 36]
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2396 LEGAL COMPILATION—WATER
is undesirable. As already stated, it is the view of the administration that the outer
Continental Shelf is a Federal area and should remain subject to purely Federal
control in all respects. S. 1901 has no corresponding provision.
The House bill adopts certain provisions of the Mineral Leasing Act, so far as
not inconsistent with the terms of the act (sec. 10 (g)). This is not objectionable.
S. 1901 has no corresponding provision. The sections of the Mineral Leasing Act
adopted by the House bill are section 17 (30 U.S.C. sec. 226): Lease of oil or gas-
lands; royalties and annual rentals; drainage agreements; section 17b (30 U.S.C.
sec. 226e): Cooperative or unit plans; regulation; approval of contracts; preven-
tion of waste; section 28 (30 U.S.C. sec. 185): Rights-of-way for pipelines;
section 30 (30 U.S.C. sec. 187): Assignment or subletting of leases; relinquish-
ment of rights under leases; conditions in leases as to operation of mines, wells,
and so forth; section 30a (30 U.S.C. sec. 187a): Same, oil or gas leases; partial
assignments; section 30b (30 U.S.C. sec. 187b): Same, oil or gas leases; written
relinquishment of rights; release of obligations; sec. 32 (30 U.S.C. sec. 189):
Rules and regulations; rights of States not affected; sec. 36 (30 U.S.C. sec.
192): Payment of royalties in oil or gas; sale of such oil or gas; and section 39
(U.S.C. sec. 209): Waiver, suspension or reduction of rentals or royalties; extension
of lease on suspension of operations.
The House bill authorizes delegation and subdelegation of the Secretary's
authority (sec. 10 (h)). This is unnecessary, in view of section 2 of Reorganization
Plan No. 3 of 1950 (64 Stat. 1262), permitting the Secretary to provide for per-
formance of any of his functions by any other officer, agency, or employee of the
Department. S. 1901 has no corresponding provision.
S. 1901 (sec. 8 (d)) provides that the Secretary's issuance of a lease, or his refusal
to certify that the United States does not claim a particular area pursuant to section
7, shall not prejudice the ultimate adjudication of whether the area is part of the
outer Continental Shelf. This is a desirable provision, but the reference to section
7 is confusing, since that section makes no provision for such certification. Prob-
ably such a provision should be added there. The House bill has no corresponding
provision.
Scrip and Mineral Leasing Act applicants.
The House bill specifically rejects claims arising otherwise than under the act
(i.e., claims under the Mineral Leasing Act or based on any land scrip) (sec. 9 (b) ).
This conforms to the recommendation of the Department of Justice as to the
Submerged Lands Act; but in that act the recommendation was not followed, and
rights of such claimants were preserved (but not confirmed). There may be a
question whether the two bills should not be uniform in that regard, as a matter
of policy. S. 1901 has no provision on the subject.
Revenues
Both bills provide that payments for the period beginning June 5, 1950 (date
of the decision in the Louisiana and Texas cases, and from which accounting was
ordered therein), shall be deposited in the Treasury (S. 1901, sec. 9; House bill,
sec. 12). The Senate bill specifically provides that they are to be credited to
miscellaneous receipts. Such provision is desirable, particularly in view of the
fact that payments heretofore received have been held in a special fund, under
the Secretary's notice of December 11, 1950 (15 H.R. 8835), as amended. It may
be qualified, however, by the suggestion made below regarding refunds.
Refunds
The House bill (sec. 14) provides for refund of overpayments made to the United
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STATUTES AND LEGISLATIVE HISTORY 2397
States, as determined by the Secretary, on application filed within 2 years of
issuance of the lease or of the payment. Such provision is desirable, but it seems
that the time for applying for refund should run from the date of payment in every
case; it is not clear under what circumstances the present provision intends the
time to run from the issuance of the lease, or why it should be so computed in any
case. Appropriations will be necessary for payment of refunds, unless some
provision is made for a special fund under the control of the Secretary. A fund of
appropriate size might be established for that purpose, from moneys now held or
hereafter received from leases, with provision that maintenance of the fund at the
designated amount should be a first charge on all receipts under the act, and only
receipts in excess of the amount so needed should be credited to miscellaneous
receipts.
Interpleader and jurisdictional disputes
S. 1901 (sec. 7) authorizes the Secretary, with the concurrence of the Attorney
General, to enter into agreements for operations pending settlement of a dispute
[p. 37]
as to whether an area is part of the outer Continental Shelf. The provision is a
desirable one. It confirms the authority for interim operations given by the
Secretary's notice of December 11, 1950 (15 F.R. 8835), as amended January 26,
1951 (16 F.R. 953), and supplemented February 2, 1951 (16 F.R. 1203), March
5, 1951 (16 F.R. 2195), April 23, 1951 (16 F.R. 3623), June 25, 1951 (16 F.R.
6204), August 22,1951 (16 F.R. 8720), October 24,1951 (16 F.R. 10998), and December
21, 1951 (17 F.R. 43). It seems that to this list of supplementary orders should
be added those of March 25, 1952 (17 F.R. 2821), June 26, 1952 (17 F.R. 5833), and
December 24, 1952 (18 F.R. 48).
The House bill does not contain a similar provision. Instead it permits a lessee
to file with the Secretary a certificate that an unadjudicated doubt exists as to
whether a lease area is within the outer Continental Shelf, or as to who is entitled
to payments under a lease; and the lessee may then interplead, in the District
Court for the District of Columbia, the United States and, if the State consents,
the State, and make his payments into court until the dispute is determined (sec.
18 (a) (1)). This provision is unacceptable. It requires the United States to litigate
as to such particular areas, and at such times, as lessees determine. It does not
require the States to enter such litigation, and is entirely silent as to what shall
happen if the State does not consent. It is understood that the State consent which
lessees particularly hope to invoke under this provision is the consent given by
Louisiana to suits against the State mineral board. Apparently referred to is the
provision that "The board shall be a body corporate, with its domicile at the State
capitol, may sue and be sued * * *" (La. Rev. Stats. 1950, sec. 30:121). Certainly this
is not a consent to suit in the District of Columbia and probably it is not a consent
to suit in other than the courts of the State (Great Northern Ins. Co. v. Read, 322
U.S. 47, 54 (1944)). Thus, it appears that the proposed provision as it stands would
not give to lessees the practical advantages which they hope for; and the Depart-
ment of Justice is vigorously and unalterably opposed to broadening the provision
so as to consent to suit in State courts or even in Federal district courts within the
various States. The provision should be rejected as undesirable and unworkable.
Alternatively, the House bill permits the lessee, after filing the certificate with
the Secretary, to continue making his payments to the State or its grantee as
provided in the lease, until there is an adjudication that the United States is entitled
to them. The State or its grantee is then required to account for payments so
received (sec. 18 (a) (2)). This apparently leaves it to the United States to seek
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2398 LEGAL COMPILATION—WATER
adjudication when and where it chooses. In that respect the provision would be
desirable; but there may be doubt as to the ability of the United States to require
the Str-.ies to account in this way.
The House bill further provides that a lessee may apply for an exchange lease
within 6 months after an adjudication that his lease area is part of the outer
Continental Shelf (sec. 18 (a) (3)). As pointed out above, this should be modified
so that time for applying for an exchange lease will not be tolled except by filing
of a suit, whether interpleader under section 18 (a) (1) or other, under section
18 (a) (2), within the time provided for making application for an exchange lease.
If either the provisions of section 18 (a) (1) or 18 (a) (2) of the House bill, or
both, are adopted, two points should be noticed respecting the subjects of doubt
which may be certified to the Secretary. Point (ii), "as to whom", should be "as to
to whom", etc.; to avoid that rather awkward wording, it would be possible to
substitute "regarding to whom" or "as to who is entitled to the rentals, royalties,
or other sums payable under such lease." Point (iii), "as to the validity of the
claims o. the State * * * to the area" etc., is not clear. If it means a doubt as
to whether the area is within the outer Continental Shelf, it duplicates point (i)
and should be omitted for that reason. If it does not mean that, it should be
omitted as meaningless as no State has or has had a right to issue leases on the
outer Continental Shelf.
Section 18 (b) of the House bill permits lessees to intervene in any suit between
the United States and a State to determine jurisdiction over a lease area, and to
make their payments into court pending determination of the suit. It would be
preferable to permit payment into court, without actual intervention, as it will
be undesirable to have numerous parties entitled to participate in the conduct of
such litigation, as ordinary interveners would be. With that modification, the
provision is a reasonable one.
As pointed out above, S. 1901, section 7, does not contain the provision, referred
to in section 8 (d), for certification by the Secretary that the United States does
not claim a lease area. Probably such provision should be added.
[p. 38]
Explorations
The House bill (sec. 17) recognizes the right of any person subject to applicable
provisions of law, and of Federal agencies, to conduct geological and geophysical
explorations that do not interfere with or endanger actual operations under any
lease issued pursuant to the act. Such provision may be desirable, but might
well be conditioned on securing a permit from the Secretary (in the case of private
persons), rather than leaving it to the individual as this seems to do, to decide
what will interfere with or endanger operations. S. 1901 has no corresponding
provision.
Rights reserved to the United States
S. 1901 (sec. 10 (a)) provides that the President may withdraw and reserve
unleased areas for Federal use in the interest of national security. This provision
is unnecessary, since leasing is not mandatory in any case; and it is undesirable,
in that it may imply that it constitutes the only permissible reason for refusing
to lease. It should be omitted, or at least the final phrase, "for the use of the
United States in the interest of national security," should be deleted. The House
bill has no corresponding provision.
S. 1901 (sec. 10 (b)) gives the United States the right of first refusal to purchase
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STATUTES AND LEGISLATIVE HISTORY 2399
any oil or gas produced, at market price, in time of war or when the President
prescribes. Section 16 (a) (i) of the House bill gives a right of first refusal to
purchase, in time of war or when the President or Congress so prescribes. It does
not mention market price, but its practical effect is probably not materially differ-
ent in that respect. Such provision is desirable; the House version, being slightly
less restrictive, is probably preferable from the Government's point of view.
S. 1901 (sec. 10 (c)) authorizes the Secretary, on recommendation of the Secre-
tary of Defense, to suspend operations or terminate leases during a state of war or
national emergency declared by Congress or the President after the effective date
of the act, with payment of just compensation. The House bill provides that in
time of war or when necessary for national defense, and the President or Congress
so prescribes, the United States may terminate leases, becoming owner of improve-
ments and liable to pay just compensation determined as in condemnation (sec.
16 (a) (ii)) or it may suspend operations, thereby suspending payments by the
lessee, extending the lease correspondingly, and becoming liable for just compen-
sation (sec. 16 (a) (iii)). The somewhat more specific and less restrictive terms of
the House version are probably preferable.
The House bill also permits the Secretary of Defense, with ^he approval of the
President, to designate areas needed for defense, where no explorations or opera-
tions may be conducted without the approval of the Secretary of Defense; with
provision for suspension of payments, extension of terms and payment of just
compensation where this interferes with operations under a lease (sec. 16 (b)).
This is a desirable provision. S. 1901 has no corresponding provision.
Helium
The House bill reserves to the United States the right to extract helium from
all gas produced (sec. 16 (c)). This is a desirable provision. S. 1901 has no
corresponding provision.
Naval petroleum reserve
Both bills revoke Executive Order No. 10426 (S. 1901, sec. 11; House bill, sec. 19).
This is necessary.
Appropriations
The House bill includes an authorization for appropriations (sec. 20). This is a
desirable provision, but of course is lacking from S. 1901.
In addition to the foregoing, the following comments may be made with respect
to suggestions advanced by representatives of certain oil companies:
Enforcement ofjegulations
It seems desirable to add to S. 1901, section 5 (or to the House bill, sec. 10 (f)),
provision that violation of applicable laws or regulations of the Secretary shall be
punishable as a misdemeanor, and shall not be ground for cancellation of a lease
unless continued or repeated after specified notice to comply. This would assist
enforcement, in cases where the Secretary did not want to invoke the stringent
remedy of cancellation, and would protect the lessees from highly punitive for-
feitures for minor infractions.
[p. 39]
Liability for past operations
The oil companies are particularly concerned that claims based on operations
before June 5, 1950, be waived as provided by section 15 (a) of the House bill.
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2400 LEGAL COMPILATION—WATER
For certainty, S. 1901, section 6 (d), should so provide. As indicated above, the
Supreme Court has declined to enforce earlier claims against the States, and the
lessees should not be held to a greater liability.
Pipelines
The oil companies suggest that provision be made for authorization of pipelines
by the Secretary, and for their operation and regulation as common carriers.
This is desirable, and could be accomplished by adopting the provisions of section
28 of the Mineral Leasing Act (30 U. S. C. sec. 185) as provided by section 10 (g)
of the House bill, plus specific provision that such lines should be operated as
common carriers, and be subject to regulation as interstate pipelines under part I
of the Interstate Commerce Act (49 U. S. C. sees. 1-27) as to oil lines and under
the Natural Gas Act (15 U. S. C. sees. 717-717w) as to gas lines. Such gas lines
would apparently be "interstate" within the terms of the Natural Gas Act without
specific provision; but oil lines would not be, within the terms of the Interstate
Commerce Act. For certainty, specific provision should be made for the applicabil-
ity of both acts. Because of the problems of location, it might be desirable to pro-
vide for a right of way wider than the 50 feet allowed by section 28 of the Mineral
Leasing Act (30 U. S. C. sec. 185). That is primarily a question for the Department
of the Interior.
Mineral Leasing Act
The oil companies are particularly anxious that sections 17(b), 30(a), 30(b), 36,
and 39 of the Mineral Leasing Act (30 U. S. C. sees. 226e, 187a, 187b, 192, and 209)
be adopted for this area. As discussed above, with respect to section lOg of the
House bill, adopting those and certain other provisions of the Mineral Leasing Act,
this seems reasonable and appropriate.
Sulfur and other minerals
Where a State lease relates to minerals other than oil or gas, continued exploita-
tion of the same minerals is provided for by S. 1901 (sec. 6 (b)), permitting oper-
ation under the State lease, and by the House bill (sec. 11 (a)) providing for
exchange leases covering "the same natural resources." However, under both
bills new leasing is limited to oil and gas (S. 1901, sec. 8 (a); House bill, sec. 10 (a)).
The oil companies urge that new leasing be permitted for other minerals, particu-
larly sulfur, which apparently is often found in connection with the same salt dome
formations as oil and gas. The desirability of this, and the provisions appropriate
to effectuate it, seem primarily questions for the Department of the Interior.
Leasing procedures
The oil companies prefer to have statutory specification of leasing procedures,
particularly 30 days' publication of notice of proposed sale of leases, as provided
by section 10 (a) of the House bill, rather than leaving the subject to the discretion
of the Secretary, as under S. 1901, section 8. The requirements of the House bill
in this respect appear reasonable; and while they constitute a restriction on the
Secretary, they are also a protection to him, as compliance with the statutory
requirements will preclude any challenge to the reasonableness of his procedures.
There seems to be no objection to their adoption.
Definition of "State law"
Both bills require that a State lease, to qualify for continuance or exchange,
shall have been validly issued and in effect under the law of the State (S. 1901,
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STATUTES AND LEGISLATIVE HISTORY 2401
sec. 6(a) (2), 6(a) (3), 6(b); House bill, sec. 11 (a); 11 (b)). Technically, no lease
on the outer Continental Shelf has been validly issued or in effect under State
law, since State law has no applicability to that area. This is taken care of by
the House bill at the first point where it makes such reference, by use of the
phrase, "the laws of the State issuing such lease had the State issuing such lease
had such paramount rights in and dominion over the outer Continental Shelf as
it assumed it had when it issued the lease" (sec. 11 (a)). However, that phrase
is not repeated at subsequent points in the section, and to do so would be unduly
cumbersome. S. 1901 has no corresponding qualifying phrase at any point. There
seems to be much merit in the suggestion of the oil companies that there be added
to the definitions (S. 1901, sec. 2; Submerged Lands Act, sec. 2) a provision that
the "law of a State," when used with reference to leases issued by the
[p. 40]
State or its grantee covering land of the outer Continental Shelf, shall be under-
stood to mean the law of the State as it would have been if the State had had
jurisdiction over the area so purported to be leased. However, care should be
taken to restrict the definition to that particular subject to define "State law"
in that way for all purposes might extend the scope of State workmen's compensa-
tion laws, under S. 1901, section 4 (c), beyond what is intended, or could produce
difficulty in constructing the second paragraph of section 9 (a) of the House bill.
Sincerely yours,
J. LEE RANKIN,
Assistant Attorney General, Office of Legal Counsel.
TEXT OF THE PREPARED STATEMENT PRESENTED ON MAY 28, 1953, TO THE COMMITTEE
BY JACK B. TATE, DEPUTY LEGAL ADVISER TO THE SECRETARY OF STATE
Mr. Chairman, members of the committee, my name is Jack B. Tate. I am the
Deputy Legal Adviser of the Department of State. I appear at the request of the
committee to testify about the foreign relations aspects of S. 1901.
The international problems arising from the discovery and exploitation of the
resources of the Continental Shelf are for the most part new problems. Some of
our problems are still hypothetical, problems which have not yet arisen in practice.
Thus, I do not come here with ready answers to all of the possible questions which
may come up. I propose to set forth in general terms the conclusions and sugges-
tions which represent the experience of the Department up to the present date in
this field of international relations.
The practical importance of the Continental Shelf principle is that it furnishes
the basis for utilization by the contiguous State of the resources, especially oil,
in the submerged lands beyond the limit of territorial waters. The undisputed
claim by this Nation of the right to the exclusive exercise of jurisdiction and control
over such resources accomplishes this purpose.
The assertion of jurisdiction and control in accordance with the President's
1945 proclamation is believed to -be preferable to an assertion of sovereignty.
Sovereignty, traditionally an absolute concept, might be regarded as affecting
the freedom of the waters and the airspace above the seabed and subsoil despite
the disclaimers to the contrary.
Claims to sovereignty over the waters and airspace above the Continental Shelf,
extending as far as 200 miles from the coast, have in fact been made by a number
of nations. This Government opposes such claims. They constitute in its view
unwarranted extensions of the Continental Shelf principle and violations of the
principle of freedom of the seas traditionally supported by the United States.
The exercise of jurisdiction and control permits full utilization of the resources
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2402 LEGAL COMPILATION—WATER
of the Continental Shelf without casting doubt on our continued support of the
principle of freedom of the seas. We consider it important, in dealing with the
resources of the Continental Shelf, to make this point clear.
The character as high seas of the waters above the Continental Shelf remains
unaffected by the assertion or exercise of jurisdiction and control over its resources.
And consequently rights to free navigation and fishing in such waters also remain
unaffected.
In order to reduce to a minimum the interference with navigation and fishing
which may result from the presence in the waters of structures erected for the
exploitation of the resources of the shelf adequate warning signals or other devices
should be placed on or near the structures.
As there is need to exercise a certain amount of control around the structures,
for purposes such as safety the control should be limited to such purposes and
not be made a pretext for claiming extensive rights of jurisdiction around these
structures similar to those normally exercised in territorial waters.
Extension of the laws of the contiguous territory to the area of exploration and
exploitation of the Continental Shelf should be limited to the structures erected
in the high seas and to the seabed and subsoil, and should not apply to the waters
themselves.
This outlines the principles which have guided the Department in its handling
of the international aspects of the Continental Shelf question. We believe that
the domestic problems of exploitation of the resources of the Continental Shelf
should be resolved within this framework.
[p. 41]
UNITED STATES DEPARTMENT OF LABOR,
OFFICE OF THE SECRETARY,
Washington, May 26,1953.
HON. GUY CORDON,
Committee on Interior and Insular Affairs,
United States Senate, Washington, D.C.
DEAR SENATOR CORDON: This is in reply to your letter of May 11, 1953, regarding
a bill, which you indicate will be reported by your committee, to provide for the
jurisdiction of the United States over the natural resources of the subsoil and sea-
bed of the Continental Shelf beyond the boundaries of the States as established in
the Submerged Lands Act, passed by the Senate on May 5, 1953.
You refer to the following problems that have arisen in connection with the
proposed bill: (1) Which Federal laws should be applicable to the area of the
outer Continental Shelf for the public welfare and the welfare of the individuals
working in such area; and (2) what legislation, if any, is needed to make such laws
applicable. You request my recommendations, as soon as possible, with respect
to these problems as they relate to the laws administered by the Department of
Labor.
Due to the time limitation, my comments will be necessarily brief. Further,
until more is known with respect to the basic proposal to establish this new Fed-
eral jurisdictional area, it would be difficult to determine its effect on all laws
administered by the Department and to draft the particular language changes
necessary to extend coverage. On the basis of a preliminary study, I believe that
the coverage of six statutes administered by the Department should include the
outer Continental Shelf. The present language of four of these statutes is suffi-
ciently broad to accomplish this result. These are as follows:
1. The Fair Labor Standards Act, as amended (29 U. S. C. A. 201 et seq.), extends
to possessions of the United States and this has been interpreted by the Supreme
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STATUTES AND LEGISLATIVE HISTORY 2403
Court of the United States as including areas over which Congress has jurisdiction
to legislate. (Vermilya-Brown Co. v. Connell (336 U.S. 928).) Since the proposed
bill extends jurisdiction of the United States to the outer Continental Shelf, it
would appear that the Fair Labor Standards Act would apply to that area.
2. The 8-hour laws (40 U. S. C. A. 321 et seq.) and the Walsh-Healey Public
Contracts Act (41 U. S. C. A. 35 et seq.) apply to certain Government contracts and
subcontracts, with no geographical limitations contained in these statutes. (The
Supreme Court has held that the 8-hour laws, in view of their legislative history,
do not extend to work performed in foreign countries. (Foley Bros. v. Filardo,
(336 U. S. 281) ), but it appears clear that these laws extend to the possessions of
the United States).
3. The Federal Employees' Compensation Act (5 U. S. C. A. 751 et seq.) applies
to all employees of the Federal Government, regardless of the place of employment.
The remaining two statutes would have to be amended in order to apply to the
area of the outer Continental Shelf. They are as follows:
1. The Davis-Bacon Act, as amended (40 U. S. C. A. 276a), applies to certain
Government contracts "within the geographical limits of the States of the Union."
It would be necessary, therefore, to amend section 1 of the act so as to extend
coverage to areas under the jurisdiction of the United States.
2. The Longshoremen and Harbor Workers' Compensation Act (33 U. S. C. A.
901 et seq.) probably would not apply, since the employees engaged in these areas
generally would not fall within the category of "maritime employment" as recog-
nized under the admiralty law and would not be performing services in navigation.
In addition, the present maritime coverage area of the act is "the navigable waters
of the United States." Accordingly, I would recommend an amendment to sections
2 (4), 2 (9), 3 (a), 21 (b) and (c), 37, and 39 (b) of the act to provide jurisdiction
thereunder.
The Bureau of the Budget advises that it has no objection to the submission
of this report.
Yours very truly,
MARTIN P. DURKIN,
Secretary of Labor.
[p. 42]
NATIONAL LABOR RELATIONS BOARD,
Washington, D.C., May 15, 1953.
The HONORABLE GUY CORDON,
Committee on Interior and Insular Affairs,
United States Senate, Washington, D.C.
DEAR SENATOR CORDON: By recent letter you informed the Board of the present
plan of the Committee on Interior and Insular Affairs to report a bill relating to
the jurisdiction of the United States over the outer Continental Shelf. You
indicated that among other considerations confronting the committee is the neces-
sity of determining which Federal laws should be applicable to individuals en-
gaging in work in those areas and whether additional legislation is necessary to
make such laws applicable.
This Board and its General Counsel administer the provisions of the National
Labor Relations Act, as amended by title I of the Labor-Management Relations
Act, 1947 (61 Stat. 136). This act, commonly known as the Taft-Hartley Act,
generally provides the statutory guaranty of the right of employees to engage in
union or other concerted activities for their mutual aid or benefit, to bargain col-
lectively with their employer respecting wages, hours, and working conditions,
or to refrain from such activities. Specific forms of interference with these rights
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2404 LEGAL COMPILATION—WATER
by employers or labor organizations are proscribed, and procedures, including
final court review, are provided for the redress of injury. The act also provides
election procedures for the peaceful selection of collective bargaining agents by
employees and for the resolution of questions concerning their representation.
You have indicated the committee assumes that the work to be performed in
thn areas "will be done from structures built on or moored to the Continental
Sb elf which would not be considered to be 'vessels.'" If this work is to be per-
formed by the Federal Government, this Board would have no jurisdiction because
the term "employer" as defined by section 2 (2) of the amended act, does not
include the United States. But if we may add our assumption that such work
would be performed under appropriate arrangements by private employers, it
seems to us that whether such work were performed on stationary structures or
vessels, it would be the type of business enterprise respecting which Congress
intended the National Labor Relations Act, as amended, to apply, and we have
normally applied it.
Part of the declared policy of Congress in section 1 of that act is "to eliminate
the causes of certain substantial obstructions to the free flow of commerce and
to investigate and eliminate these obstructions when they have occurred." The
term "commerce" is defined in section 2 (6) to mean "trade, traffic, commerce,
transportation, or communication among the several States, or between the Dis-
trict of Columbia or any Territory of the United States and any State or other
Territory, or between any foreign country and any State, Territory, or the District
of Columbia, or within the District of Columbia or any Territory, or between
points in the same State but through any other State or any Territory or the
District of Columbia or any foreign country."
It seems to us that this definition of the scope of our jurisdiction would not
include within its ambit either private employers or their employees engaged in
work on installations restricted to the "outer Continental Shelf." Moreover, it
is clear that the act would be applicable to such employers and employees re-
specting any of their operations otherwise falling within the present definition of
the commerce in section 2 (6). Thus, it is probable that the act would apply to
their mainland operations, and to the transporting of personnel, supplies, or
products to and from the mainland.
Because the nature of the work to be performed on the "Continental Shelf"
would seem to be the type of operation otherwise included within its coverage, it
is our impression that the provisions of the National Labor Relations Act, as
amended, ought to be made applicable to the same extent as elsewhere in our
national economy. If the Congress concurs in this judgment, it appears to us
that additional appropriate legislation providing for that statutory coverage will
be necessary.
We have recited these brief observations in the hope they will be of immediate
assistance to your committee in its deliberations. Time has not permitted this
agency to obtain the advice of the Bureau of the Budget on this legislation.
[p. 43]
Understandably this Board itself has no opinion regarding the policy and legal
issues that may be involved in the the legislation under consideration. Our obser-
vations are only to be taken as a reply to the specific question submitted by your
letter "as they relate to the law[s] administered by" the Board.
If we can be of further assistance, please call upon us.
Very sincerely yours,
PAUL L. STYLES,
Acting Chairman.
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STATUTES AND LEGISLATIVE HISTORY 2405
THE SECRETARY OF COMMERCE,
Washington 25, D.C., May 23,1953.
HON. GUY CORDON,
Committee on Interior and Insular Affairs,
United States Senate, Washington, D.C.
DEAR SENATOR CORDON: This letter is in reply to your request of May 11, 1953,
for the views of this Department concerning a bill to provide for the jurisdiction
of the United States over the natural resources of the subsoil and seabed of the
Continental Shelf beyond the boundaries of the States as established by the
Submerged Lands Act as passed by the Senate on May 5, 1953.
Legislation for this purpose would appear to be concerned primarily with mat-
ters under the jurisdiction of the Department of State and the Department of the
Interior. After careful consideration of this matter, we have concluded that our
interest is such legislation is too peripheral to justify our offering for your con-
sideration comments with respect thereto.
If we can be of further assistance in this matter, please call upon us.
Sincerely yours,
SINCLAIR WEEKS,
Secretary of Commerce.
TREASURY DEPARTMENT,
Washington, June 1,1953.
HON. HUGH BUTLER,
Chairman, Committee on Interior and Insular Affairs,
United States Senate, Washington, D.C.
MY DEAR MR. CHAIRMAN: Reference is made to your committee's request for
the views of the Treasury Department on S. 1901, "To provide for the jurisdiction
of the United States over the submerged lands of the outer Continental Shelf
and to authorize the Secretary of the Interior to lease such lands for certain pur-
poses."
The proposed legislation would declare that the natural resources of the subsoil
and seabed of the outer Continental Shelf appertain to the United States and are
subject to its jurisdiction, control, and power of disposition. It would provide
for the continuation of certain existing mineral leases on the outer Continental
Shelf, and would authorize the Secretary of the Interior to grant new oil and gas
leases in that area. Laws of the United States applicable to acts occurring and
offenses committed aboard a vessel of the United States on the high seas would
be applicable to acts and offenses occurring on structures located on the outer
Continental Shelf. Provision would also be made for extension of certain specific
acts and the application of certain provisions of the customs laws and laws relating
to safety at sea to such structures and to personnel employed thereon.
The Treasury Department wishes to point out that not all laws of the United
States would be made applicable by S. 1901 to the operations, personnel, and struc-
tures on the outer Continental Shelf with the consequence that acts may not be
regulated, and goods and income may not be taxable on the outer Continental
Shelf to the same extent as they are in the continental United States. An accom-
panying memorandum indicates those areas where laws administered by this
Department would not appear to be applicable to the outer Continental Shelf
under the provisions of the bill.
Although a number of questions involving the application of existing law to the
outer Continental Shelf are likely to arise should the legal status of structures
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2406 LEGAL COMPILATION—WATER
thereon be assimilated to that of vessels on the high seas, as provided in the bill,
the Treasury Department does not consider such problems to be insurmountable,
inasmuch as remedial legislation could be enacted later if necessary. There are,
however, a number of technical changes in the bill which the Department believes
[p. 44]
should be adopted in order to minimize any later difficulties in interpretation or
application which may arise. The Department's recommendations in this regard
are likewise contained in the attached memorandum.
The Department has been advised by the Bureau of the Budget that there is
no objection to the submission of this report to your committee.
Very truly yours,
H. CHAPMAN ROSE,
Acting Secretary of the Treasury.
MEMORANDUM
Subject: S. 1901, "To provide for the jurisdiction of the United States over the
submerged lands of the outer Continental Shelf and to authorize the Secretary
of the Interior to lease such lands for certain purposes."
I. NONAPPLICABILITY OF EXISTING LAWS TO OPERATIONS, PERSONNEL, OR STRUCTURES
ON THE OUTER CONTINENTAL SHELF UNDER S. 1901
A. INTERNAL REVENUE LAWS
At present the internal-revenue laws are geared in major part to a definition of
the United States which is defined in the United States Internal Revenue Code
to include the 48 States, the District of Columbia, and the Territories of Alaska
and Hawaii. In general, this definition has been interpreted so as to include the
waters adjacent to the United States within a 3-mile limit. The application of
the internal revenue laws in many instances will depend upon whether the outer
Continental Shelf will be considered within the United States. This problem
may be understood more fully if illustrations are submitted as to the areas where
the definition of the United States could present a problem insofar as determining
whether the internal revenue laws are effective.
Income taxes
Citizens and corporations of the United States will be taxable on any income
derived while carrying on business or performing services on the outer Continental
Shelf, and, thus, it would appear that no problem arises with respect to this group
of taxpayers. However, with respect to nonresident alien individuals it should
be pointed out that under the Internal Revenue Code the wages paid to such indi-
viduals for services performed on the outer Continental Shelf will be deemed to
have been derived from sources outside the United States, resulting in exemption
from United States income tax on such wages. Furthermore, foreign corpora-
tions which derive income from operations under leases granted with respect to
the outer Continental Shelf, or from any other activity on the outer Continental
Shelf, may be exempt from United States income tax on such income. For exam-
ple, if the sale and delivery of oil takes place on the outer Continental Shelf, the
profits derived from such sale might not be subject to United States income tax.
Excises
With respect to the tax imposed on tobacco products under chapter 15 of the
Internal Revenue Code, section 2197 would exempt from such tax tobacco prod-
ucts exported to the outer Continental Shelf. Moreover, the occupational tax on
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STATUTES AND LEGISLATIVE HISTORY 2407
retail dealers in liquors provided in section 3250 (b) and (e) would not be appli-
cable to dealers making retail sales on the outer Continental Shelf. Similarly, the
special tax on coin-operated amusement and gaming devices provided in section
3267 would not be applicable to any person maintaining or operating any such
amusement or gaming devices on the outer Continental Shelf. The tax imposed
by section 3469 on the transportation of persons would not be applicable to trans-
portation paid for on the outer Continental Shelf in certain types of cases in which
the tax would be applicable if the transportation charges were paid within the
United States. Similar problems exist with respect to the tax imposed on the
transportation of property provided in section 3475 of the Internal Revenue Code;
the tax imposed by section 3465 on telegraph, telephone, radio, and cable facilities;
the tax on the transportation of oil by pipeline imposed by section 3460; and the
retailers' excise taxes imposed under chapters 19 and 9A of the code.
The Department believes that the internal-revenue taxes should apply to the
activities on the outer Continental Shelf to the same extent and under the same
conditions as if such activities were carried on within the continental United
States. It appears that as a matter of equity taxpayers should not be given any
[p. 45]
special tax advantages under the income tax or under the excise taxes solely by
reaso;n of the fact that they are performing their operations on the outer Con-
tinental Shelf. Accordingly, the Department suggests that your committee give
serious consideration to this problem.
The Department considers it desirable to call to the attention of your committee
a special problem involving the employment taxes imposed by subchapter A and
subchapter C of chapter 9 of the Internal Revenue Code. At the present time,
the taxes imposed by the Federal Insurance Contributions Act (Federal old-age
and survivors insurance) is generally applicable with respect to services performed
within the United States irrespective of citizenship or residence and outside the
United States by a citizen of the United States for an American employer. If it
is desirable to cover services performed on the outer Continental Shelf by a citizen
or alien to the same extent as if such services were performed in the United States,
it would be necessary to amend the definition of "United States" in the Internal
Revenue Code accordingly. To assure that such services would be covered under
the Social Security Act for purposes of the old-age and survivors insurance bene-
fits, it is necessary to correlate the definition of United States contained in the
Social Security Act.
A similar problem exists with respect to services covered by the Federal Unem-
ployment Tax Act. At the present time the Federal Unemployment Tax Act
generally applies only to services performed within the United States. If it is
desirable to cover such services performed on the outer Continental Shelf, it would
seem necessary to have the definition of the "United States" in the Internal
Revenue Code amended accordingly, and would also seem necessary to extend
jurisdiction over such services to appropriate States so as to permit payment of
unemployment insurance benefits based upon such services.
B. CUSTOMS LAWS
Under subsection 4 (i) of the bill, the laws applicable to the exportation of any
commodity, article, material, or supply from a place in a State of the United
States would be made applicable to the exportation of any such item from any
structure located on the outer Continental Shelf.
The exportation of merchandise by sea under the customs and navigation laws
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2408 LEGAL COMPILATION—WATER
is controlled by the clearance of vessels and the procedures incident to that opera-
tion. Clearance for the high seas from the United Sates is not required, however,
under existing law nor is clearance necessary in the case of a vessel proceeding
from a point on the high seas for a foreign port or place.
C. NARCOTICS LAWS
1. Section 4 (h) (2) of the bill would provide a different penalty for unlawful
importation of narcotic drugs to the outer Continental Shelf than is provided by
the Narcotic Drugs Import and Export Act as amended (21 U.S.C. 171) in that
section 2 of the act provides for maximum imprisonment of 10 years, wherever the
bill provides for maximum imprisonment for 2 years.
2. The Harrison Narcotic Act would not appear to be applicable to the outer
Continental Shelf in view of the territorial extent of the act as set forth in 26
United States Code 2563. However, under existing regulations vessels may acquire
narcotic drugs for their medical chests, and thus could make such drugs available
to the structures in the outer Continental Shelf in the event of an emergency.
3. The provisions of 21 United States Code 184a making it unlawful for any
person to bring or have in his possession on board any vessel of the United States,
while engaged in a foreign voyage, any narcotic drug or marihuana not consti-
tuting a part of the cargo or ship's stores, would not appear to apply to the struc-
tures on the outer Continental Shelf, as it is doubtful, even though such structures
were considered to be vessels, whether they could also be considered to be engaged
on a foreign voyage.
4. The Marihuana Tax Act of 1937 would probably not be applicable to the
outer Continental Shelf area under S. 1901.
II. TECHNICAL AMENDMENTS TO S. 1901 RECOMMENDED BY THE TREASURY DEPARTMENT
A. INTERNAL REVENUE LAWS
Because of time limitations the Department has not prepared specific technical
amendments to the tax laws. The Department would be pleased to furnish the
committee with any technical assistance which it may consider desirable.
[p. 46]
B. CUSTOMS LAWS
1. It is recommended that section 4 (h) (1) be amended to read as follows:
"No article of any kind shall be brought upon any structure referred to in
subsection (a) directly or indirectly from any foreign port or place without com-
pliance with the customs laws and regulations applicable to like articles imported
into the United States."
2. In order to provide for a more complete coverage of the customs laws to
merchandise found to have been illegally brought upon any structure referred to
in subsection (a) of section 4 of the proposed bill; to provide for the authority for
the seizure of such merchandise and the apprehension of the individual involved;
and to provide jurisdictional access to such property, it is recommended that the
following paragraphs be inserted in lieu of the paragraph beginning on line 12,
page 7, of the transcript of S. 1901:
"Any officer of the customs as defined in section 1401 of title 19 of the United
States Code may at any time go on board any such structure, without as well as
within his district, and examine, inspect, and search the structure and any part
thereof, as well as any person, trunk, package, or other container found thereon.
"Merchandise brought upon any such structure in violation of this subsection
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STATUTES AND LEGISLATIVE HISTORY 2409
shall be seized and forfeited and any person engaged in any such violation shall be
arrested. All provisions of law relating to the seizure, summary and judicial for-
feiture and condemnation of merchandise for violation of the customs laws; the
disposition of such merchandise or the proceeds from the sale thereof; the remis-
sion or mitigation of such forfeitures; and the award of compensation to informers
in respect of such forfeitures shall apply to seizures and forfeitures hereunder
incurred, or alleged to have been incurred, insofar as applicable and not incon-
sistent with the provisions hereof."
3. Section 4 (b) should be amended to provide for jurisdiction by the Customs
Court over customs matters arising on the outer Continental Shelf.
4. Section 4 (d) would extend to the structures referred to in subsection (a)
the provisions of the Ship Mortgage Act (46 U.S.C. 911-984) and empower the
Secretary of Commerce to establish for them by regulation a registration system.
Any such structure would then be considered to be a documented vessel, i.e.,
a vessel of the United States, within the meaning of that act.
The Ship Mortgage Act was designed for an ambulatory instrument of com-
merce and, in the Department's judgment a proposal to apply its provisions to a
fixed structure located on the outer Continental Shelf raises serious questions of
administration.
For example, each vessel of the United States has a home port, designated
by the vessel owner and approved by the Commissioner or collector of customs,
at which the vessel's current title records are retained. This requirement is
necessary because of the wide area in which vessels normally operate. In view
of the fact that a structure attached to the outer Continental Shelf is not likely
to be moved from place to place, it would appear to be inappropriate to require
owners of such structures to designate home ports.
Further, the Ship Mortgage Act contemplates that vessels subject to its pro-
visions shall be named, shall have masters, shall have documents upon which
the existence of a preferred mortgage may be endorsed, and shall be denied
clearance if no such endorsement is made. Obviously, these requirements are
not susceptible of application to fixed structures. Extended study of the Ship
Mortgage Act and related provisions of the navigation laws governing the docu-
mentation of vessels would doubtless reveal several other difficulties which would
be encountered by making that act applicable to the structures in question.
In addition to the foregoing, and of even greater importance, S. 1901 contem-
plates that the Ship Mortgage Act, as extended to structures on the outer conti-
nental shelf, is to be administered by the Secretary of Commerce, although that
act and related vessel documentation laws are now administered solely by the
Secretary of the Treasury through the customs service. The impracticability of
administering the navigation laws by the former Bureau of Marine Inspection
and Navigation of the Department of Commerce through collectors of customs
employed and supervised by the Treasury Department resulted in the permanent
transfer of the administration of those laws to the Treasury Department in 1946
Reorganizaiton Plan No. 3 of 1946; 3 C.F.R. 1946 Supp., ch. IV). The proposal
in S. 1901 to extend the Ship Mortgage Act under the administrative leadership
of the Secretary of Commerce is subject to the objection resulting in the 1946
transfer and to the further objection that it would place the administration of the
act in the hands of officers serving two separate departments of the Government.
[P- 47]
Rather than to attempt an extension of the system of documentation and record-
ing to a subject for which present law is not designed, your committee may
wish to consider a new and separate system designed by those familiar with the
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2410 LEGAL COMPILATION—WATER
operations to fit the particular needs of the situation. Since the purpose, use,
ownership, and area of operation of vessels are so alien to fixed structures, it is
the view of the Treasury Department that any such legislation should be admin-
istered by the agency charged with the administration of leasing and other prob-
lems pertinent to the structures in question.
C. LAWS ENFORCED BY THE COAST GUARD
1. Since the functions of the Coast Guard have been vested in the Secretary of
the Treasury, and since the Coast Guard operates as a service in the Navy Depart-
ment in time of war, it is recommended that "Coast Guard" be deleted from
section 4 (j) of the bill and the words "head of the department in which the Coast
Guard is operating" be inserted in lieu thereof.
2. A provision should be added to section 4 (j) to make it clear that the cost of
marking the structures will be borne by the owners, and provision for penalties
for failure to conform to regulations issued hereunder should be made. It is sug-
gested that the following be added to section 4 (j):
"The head of the department in which the Coast Guard is operating may mark
for the protection of navigation any such structure whenever the owner has failed
suitably to mark the same in accordance with regulations issued hereunder, and
the owner shall pay the cost thereof. Any person, firm, company, or corporation
who shall fail or refuse to obey any of the lawful rules and regulations issued
hereunder shall be guilty of a misdemeanor and shall be fined not more than
$100 for each offense. Each day during which such violation shall continue shall
be considered a new offense."
3. It is believed that the Corps of Engineers, United States Army, would be a
more appropriate agency for establishing standards for safety equipment on
structure on the outer Continental Shelf, rather than the Coast Guard, in view
of the corps' authority as contained in 33 United States Code 401 et seq. It is
therefore recommended that the words "safety equipment" be deleted from section
[p. 48]
APPENDIXES
APPENDIX A
Because of the relationship between the Submerged Lands Act and
S. 1901 as amended, the text of the act, which is Public Law 31, 83d
Congress, is set forth below for convenient reference. Appended is
a statement issued by President Eisenhower upon the occasion of the
signing of the measure into law.
[PUBLIC LAW 31—83o CONGRESS]
[CHAPTER 65—IST SESSION]
H.R. 4198
AN ACT To confirm and establish the titles of the States to lands beneath navi-
gable waters within State boundaries and to the natural resources within such
lands and waters, to provide for the use and control of said lands and resources,
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STATUTES AND LEGISLATIVE HISTORY 2411
and to confirm the jurisdiction and control of the United States over the natural
resources of the seabed of the Continental Shelf seaward of State boundaries.
Be it enacted by the Senate and House of Representatives o/ the United States of
America in Congress assembled, That this Act may be cited as the "Submerged
Lands Act."
TITLE I
DEFINITION
SEC. 2. When used in this Act—
(a) The term "lands beneath navigable waters" means—
(1) all lands within the boundaries of each of the respective States which
are covered by nontidal waters that were navigable under the laws of the
United States at the time such State became a member of the Union, or
acquired sovereignty over such lands and waters thereafter, up to the ordinary
high water mark as heretofore or hereafter modified by accretion, erosion, and
reliction;
(2) all lands permanently or periodically covered by tidal waters up to but
not above the line of mean high tide and seaward to a line three geographical
miles distant from the coast line of each such State and to the boundary line
of each such State where in any case such boundary as it existed at the time
such State became a member of the Union, or as heretofore approved by
Congress, extends seaward (or into the Gulf of Mexico) beyond three geo-
graphical miles, and
(3) all filled in, made, or reclaimed lands which formerly were lands
beneath navigable waters, as hereinabove defined;
(b) The term "boundaries" includes the seaward boundaries of a State or its
boundaries in the Gulf of Mexico or any of the Great Lakes as they existed at the
time such State became a member of the Union, or as heretofore approved by the
Congress, or as extended or confirmed pursuant to section 4 hereof but in no event
shall the term "boundaries" or the term "lands beneath navigable waters" be
interpreted as extending from the coast line more than three geographical miles
into the Atlantic Ocean or the Pacific Ocean, or more than three marine leagues
into the Gulf of Mexico;
(c) The term "coast line" means the line of ordinary low water along that por-
tion of the coast which is in direct contact with the open sea and the line marking
the seaward limit of inland waters;
(d) The terms "grantees" and "lessees" include (without limiting the generality
thereof) all political subdivisions, municipalities, public and private corporations,
and other persons holding grants or leases from a State, or from its predecessor
sovereign if legally validated, to lands beneath navigable waters if such grants or
[p. 49]
leases were issued in accordance with the constitution, statutes, and decisions of
the courts of the State in which such lands are situated, or of its predecessor
sovereign: Provided, however, That nothing herein shall be construed as confer-
ring upon said grantees or lessees any greater rights or interests other than are
described herein and in their respective grants from the State, or its predecessor
sovereign;
(e) The term "natural resources" includes, without limiting the generality
thereof, oil, gas, and all other minerals, and fish, shrimp, oysters, clamsr crabs,
lobsters, sponges, kelp, and other marine animal and plant life but does not
include water power, or the use of water for the production of power;
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2412 LEGAL COMPILATION—WATER
(f) The term "lands beneath navigable waters" does not include the beds of
streams in lands now or heretofore constituting a part of the public lands of the
United States if such streams were not meandered in connection with the public
survey of such lands under the laws of the United States and if the title to the
beds of such streams was lawfully patented or conveyed by the United States or
any State to any person;
(g) The term "State" means any State of the Union;
(h) The term "person" includes, in addition to a natural person, an association,
a State, a political subdivision of a State, or a private, public, or municipal
corporation.
TITLE II
LANDS BENEATH NAVIGABLE WATERS WITHIN STATE BOUNDARIES
SEC. 3. RIGHTS OF THE STATES.—
(a) It is hereby determined and declared to be in the public interest that (1)
title to and ownership of the lands beneath navigable waters within the boundaries
of the respective States, and the natural resources within such lands and waters,
and (2) the right and power to manage, administer, lease, develop, and use the
said lands and natural resources all in accordance with applicable State law be,
and they are hereby, subject to the provisions hereof, recognized, confirmed,
established, and vested in and assigned to the respective States or the persons who
were on June 5, 1950, entitled thereto under the law of the respective States in
which the land is located, and the respective grantees, lessees, or successors in
interest thereof;
(b) (1) The United. States hereby releases and relinquishes unto said States
and persons aforesaid, except as otherwise reserved herein, all right, title, and
interest of the United States, if any if has, in and to all said lands, improvements,
and natural resources; (2) the United States hereby releases and relinquishes all
claims of the United States, if any it has, for money or damages arising out of any
operations of said States or persons pursuant to State authority upon or within
said lands and navigable waters; and (3) the Secretary of the Interior or the
Secretary of the Navy or the Treasurer of the United States shall pay to the
respective States or their grantees issuing leases covering such lands or natural
resources all moneys paid thereunder to the Secretary of the Interior or to the
Secretary of the Navy or to the Treasurer of the United States and subject to the
control of any of them or to the control of the United States on the effective date
of this Act, except that portion of such moneys which (1) is required to be returned
to a lessee; or (2) is deductible as provided by stipulation or agreement between
the United States and any of said States;
(c) The rights, powers, and titles hereby recognized, confirmed, established,
and vested in and assigned to the respective States and their grantees are subject
to each lease executed by a State, or its grantee, which was in force and effect on
June 5, 1950, in accordance with its terms and provisions and the laws of the
State issuing, or whose grantee issued, such lease, and such rights, powers, and
titles are further subject to the rights herein now granted to any person holding
any such lease to continue to maintain the lease, and to conduct operations there-
under, in accordance with its provisions, for the full term thereof, and any exten-
sions, renewals, or replacements authorized therein, or heretofore authorized by
the laws of the State issuing, or whose grantee issued such lease: Provided, how-
ever, That, if oil or gas was not being produced from such lease on and before
December 11,1950, or if the primary term of such lease has expired since December
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STATUTES AND LEGISLATIVE HISTORY 2413
11,1950, then for a term from the effective date hereof equal to the term remaining
unexpired on December 11, 1950, under the provisions of such lease or any exten-
sions, renewals, or replacements authorized therein, or heretofore authorized by
the laws of the State issuing, or whose grantee issued, such lease: Provided, how-
ever, That within ninety days from the effective date hereof (i) the lessee shall
pay to the State or its grantee issuing such lease all rents, royalties, and other
[P. 50]
sums payable between June 5,1950, and the effective date hereof, under such lease
and the laws of the State issuing or whose grantee issued such lease, except such
rents, royalties, and other sums as have been paid to the State, its grantee, the
Secretary of the Interior or the Secretary of the Navy or the Treasurer of the
United States and not refunded to the lessee; and (ii) the lessee shall file with the
Secretary of the Interior or the Secretary of the Navy and with the State issuing
or whose grantee issued such lease, instruments consenting to the payment by the
Secretary of the Interior or the Secretary of the Navy or the Treasurer of the
United States to the State or its grantee issuing the lease, of all rents, royalties, and
other payments under the control of the Secretary of the Interior or the Secretary
of the Navy or the Treasurer of the United States or the United States which have
been paid, under the lease, except such rentals, royalties, and other payments as
have also been paid by the lessee to the State or its grantee;
(d) Nothing in this Act shall affect the use, development, improvement, or
control by or under the constitutional authority of the United States of said lands
and waters for the purposes of navigation or flood control or the production of
power, or be construed as the release or relinquishment of any rights of the United
States arising under the constitutional authority of Congress to regulate or improve
navigation, or to provide for flood control, or the production of power;
(e) Nothing in this Act shall be construed as affecting or intended to affect or
in any way interfere with or modify the laws of the States which lie wholly or in
part westward of the ninety-eighth meridian, relating to the ownership and control
of ground and surface waters; and the control, appropriation, use, and distribution
of such waters shall continue to be in accordance with the laws of such States.
SEC. 4. SEAWARD BOUNDARIES.—The seaward boundary of each original coastal
State is hereby approved and confirmed as a line three geographical miles
distant from its coast line or, in the case of the Great Lakes, to the international
boundary. Any State admitted subsequent to the formation of the Union which
has not already done so may extend its seaward boundaries to a line three geo-
graphical miles distant from its coast line, or to the international boundaries of
the United States in the Great Lakes or any other body of water traversed by such
boundaries. Any claim heretofore or hereafter asserted either by constitutional
provision, statute or otherwise, indicating the intent of a State so to extend its
boundaries is hereby approved and confirmed, without prejudice to its claim, if
any it has, that its boundaries extend beyond that line. Nothing in this section
is to be construed as questioning or in any manner prejudicing the existence of
any State's seaward boundary beyond three geographical miles if it was so pro-
vided by its constitution or laws prior to or at the time such State became a
member of the Union, or if it has been heretofore approved by Congress.
SEC. 5. EXCEPTIONS FROM OPERATION OF SECTION 3 OF THIS ACT.—There is excepted
from the operation of section 3 of this Act—
(a) all tracts or parcels of land together with all accretions thereto, re-
sources therein, or improvements thereon, title to which has been lawfully
and expressly acquired by the United States from any State or from any
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2414 LEGAL COMPILATION—WATER
person in whom title had vested under the law of the State or of the United
States, and all lands which the United States lawfully holds under the law
of the State; all lands expressly retained by or ceded to the United States
when the State entered the Union (otherwise than by a general retention or
cession of lands underlying the marginal sea); all lands acquired by the
United States by eminent domain proceedings, purchase, cession, gift, or
otherwise in a proprietary capacity; all lands filled in, built up, or otherwise
reclaimed by the United States for its own use; and any rights the United
States has in lands presently and actually occupied by the United States
under claim of right;
(b) such lands beneath navigable waters held, or any interest in which is
held by the United States for the benefit of any tribe, band, or group of
Indians or for individual Indians; and
(c) all structures and improvements constructed by the United States in
the exercise of its navigational servitude.
SEC. 6. POWERS RETAINED BY THE UNITED STATES.— (a) The United States retains
all its navigational servitude and rights in and powers of regulation and control
of said lands and navigable waters for the constitutional purposes of commerce,
navigation, national defense, and international affairs, all of which shall be
paramount to, but shall not be deemed to include, proprietary rights of owner-
ship or the rights of management, administration, leasing, use, and development
of the lands and natural resources which are specifically recognized, confirmed,
established, and vested in and assigned to the respective States and others by
section 3 of this Act.
[p. 51]
(b) In time of war or when necessary for national defense, and the Congress
or the President shall so prescribe, the United States shall have the right of first
refusal to purchase at the prevailing market price, all or any portion of the said
natural resources, or to acquire and use any portion of said lands by proceeding
in accordance with due process of law and paying just compensation therefor.
SEC. 7. Nothing in this Act shall be deemed to amend, modify, or repeal the
Acts of July 26, 1866 (14 Stat. 251), July 9, 1870 (16 Stat. 217), March 3, 1877
(19 Stat. 377), June 17, 1902 (32 Stat. 388), and December 22, 1944 (58 Stat. 887)
and Acts amendatory thereof or supplementary thereto.
SEC. 8. Nothing contained in this Act shall affect such rights, if any, as may
have been acquired under any law of the United States by any person in lands
subject to this Act and such rights, if any, shall be governed by the law in effect
at the time they may have been acquired: Provided, however, That nothing con-
tained in this Act is intended or shall be construed as a finding, interpretation, or
construction by the Congress that the law under which such rights may be claimed
in fact or in law applies to the lands subject to this Act, or authorizes or compels
the granting of such rights in such lands, and that the determination of the appli-
cability or effect of such law shall be unaffected by anything contained in this Act.
SEC. 9. Nothing in this Act shall be deemed to affect in any wise the rights of
the United States to the natural resources of that portion of the subsoil and seabed
of the Continental Shelf lying seaward and outside of the area of lands beneath
navigable waters, as defined in section 2 hereof, all of which natural resources
appertain to the United States, and the jurisdiction and control of which by the
United States is hereby confirmed.
SEC. 10. Executive Order Numbered 10426, dated January 16, 1953, entitled
"Setting Aside Submerged Lands of the Continental Shelf as a Naval Petroleum
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STATUTES AND LEGISLATIVE HISTORY 2415
Reserve," is hereby revoked insofar as it applies to any lands beneath navigable
waters as defined in section 2 hereof.
SEC. 11. SEPARABILITY.—If any provision of this Act, or any section, subsection,
sentence, clause, phrase or individual word, or the application thereof to any
person or circumstance is held invalid, the validity of the remainder of the Act
and of the application of any such provision, section, subsection, sentence, clause,
phrase, or individual word to other persons and circumstances shall not be affected
thereby; without limiting the generality of the foregoing, if subsection 3 (a) 1,
3 (a) 2, 3 (b) 1, 3 (b) 2, 3 (b) 3, or 3 (c) or any provision of any of those sub-
sections is held invalid, such subsection or provision shall be held separable and
the remaining subsections and provisions shall not be affected thereby.
Approved May 22, 1953.
WHITE HOUSE PRESS RELEASE IN CONNECTION WITH PRESIDENT
EISENHOWER'S SIGNING OF SUBMERGED LANDS ACT
THE WHITE HOUSE, May 22,1953.
STATEMENT BY THE PRESIDENT
I am pleased to sign this measure into law recognizing the ancient rights of the
States in the submerged lands within their historic boundaries. As I have said
many times I deplore and I will always resist Federal encroachment upon rights
and affairs of the States. Recognizing the States' claim to these lands is in keeping
with basic principles of honesty and fair play.
This measure also recognizes the interests of the Federal Government in the
submerged lands outside of the historic boundaries of the States. Such lands
should be administered by the Federal Government and income therefrom should
go into the Federal Treasury.
APPENDIX B
The Continental Shelf Proclamation (Proclamation No. 2667)
issued by the President of the United States on September 28, 1945,
has been the legal basis for the formal assertion of Federal jurisdic-
tion over the mineral resources of the outer Continental prior to the
enactment of the Submerged Lands Act. Section 9 of this act gave
legislative recognition to the jurisdiction asserted in the Presidential
[p. 52]
proclamation, and, as explained in the report, this jurisdiction is
extended and given administrative implementation by the provisions
of S. 1901. The text of the proclamation and the official White House
press release explaining it are set forth below. The Fisheries
Proclamation (Proclamation No. 2668) of the same date, to which
reference was made on several occasions during the hearings on
S. 1901, is added.
Two PROCLAMATIONS, AND Two COMPANION EXECUTIVE ORDERS, TOGETHER WITH A
PRESS RELEASE, ISSUED BY THE PRESIDENT ON SEPTEMBER 28, 1945, RELATIVE TO THE
NATURAL RESOURCES OF THE CONTINENTAL SHELF UNDER THE HIGH SEAS CONTIGUOUS
TO THE COASTS OF THE UNITED STATES AND ITS TERRITORIES
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2416 LEGAL COMPILATION—WATER
[Press release]
SEPTEMBER 28, 1945.
The President today issued two proclamations asserting the jurisdiction of the
United States over the natural resources of the continental shelf under the high
seas contiguous to the coasts of the United States and its territories, and providing
for the establishment of conservation zones for the protection of fisheries in certain
areas of the high seas contiguous to the United States. The action of the President
in regard to both the resources of the continental shelf and the conservation of
high seas fisheries in which the United States has an interest was taken on the
recommendation of the Secretary of State and the Secretary of the Interior.
Two companion Executive orders were also issued by the President. One
reserved and set aside the resources of the continental shelf under the high seas
and placed them for administrative purposes, pending legislative action, under
the jurisdiction and control of the Secretary of the Interior. The other provided
for the establishment by Executive orders, on recommendation of the Secretary
of State and the Secretary of the Interior of fishery conservation zones in areas
of the high seas contiguous to the coasts of the United States.
Until the present the only high seas fisheries in the regulation of which the
United States has participated, under treaties or conventions are those for whales,
Pacific halibut and fur seals.
In areas where fisheries have been or shall hereafter be developed and main-
tained by nationals of the United States alone, explicitly bounded zones will be
set up in which the United States may regulate and control all fishing activities.
In other areas where the nationals of other countries as well as our own, have
developed or shall hereafter legitimately develop fisheries, zones may be estab-
lished by agreements between the United States and such other States and joint
regulations and control will be put into effect.
The United States will recognize the rights of other countries to establish conser-
vation zones off their own coasts where the interests of nationals of the United
States are recognized in the same manner that we recognize the interests of the
nationals of the other countries.
The assertion of this policy has long been advocated by conservationists, includ-
ing a substantial section of the fishing industry of the United States, since regula-
tion of a fishery resource within territorial waters cannot control the misuse or
prevent the depletion of that resource through uncontrolled fishery activities con-
ducted outside of the commonly accepted limits of territorial jurisdiction.
As a result of the establishment of this new policy, the United States will be
able to protect effectively, for instance, its most valuable fishery, that for the
Alaska salmon. Through painstaking conservation efforts and scientific manage-
ment the United States has made excellent progress in maintaining the salmon
at high levels. However, since the salmon spends a considerable portion of its life
in the open sea, uncontrolled fishery activities on the high seas, either by nationals
of the United States or other countries, have constituted an ever present menace
to the salmon fishery.
The policy proclaimed by the President in regard to the jurisdiction over the
continental shelf does not touch upon the question of Federal versus State control.
It is concerned solely with establishing the jurisdiction of the United States from
an international standpoint. It will, however, make possible the orderly develop-
ment of an underwater area 750,000 square miles in extent. Generally, sub-
merged land which is contiguous to the continent and which is covered by no
more than 100 fathoms (600 feet) of water is considered as the continental shelf.
[p. 53]
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STATUTES AND LEGISLATIVE HISTORY 2417
Petroleum geologists believe that portions of the continental shelf beyond the
3-mile limit contain valuable oil deposits. The study of subsurface structures
associated with oil deposits which have been discovered along the Gulf Coast of
Texas, for instance, indicates that corresponding deposits may underlie the offshore
or submerged land. The trend of oil-productive salt domes extends directly into
the Gulf of Mexico off the Texas coast. Oil is also being taken at present from
wells within the 3-mile limit off the coast of California. It is quite possible,
geologists say, that the oil deposits extend beyond this traditional limit of national
jurisdiction.
Valuable deposits of minerals other than oil may also be expected to be found
in these submerged areas. Ore mines now extend under the sea from the coasts
of England, Chile, and other countries.
While asserting jurisdiction and control of the United States over the mineral
resources of the continental shelf, the proclamation in no wise abridges the right
of free and unimpeded navigation of waters of the character of high seas above the
shelf, nor does it extend the present limits of the Territorial waters of the United
States.
The advance of technology prior to the present war had already made possible
the exploitation of a limited amount of minerals from submerged lands within the
3-mile limit. The rapid development of technical knowledge and equipment
occasioned by the war, now makes possible the determination of the resources
of the submerged lands outside of the 3-mile limit. With the need for the discovery
of additional resources of petroleum and other minerals it became advisable for
the United States to make possible orderly development of these resources. The
proclamation of the President is designed to serve this purpose.
POLICY OP THE UNITED STATES WITH RESPECT TO THE NATURAL RESOURCES
OP THE SUBSOIL AND SEABED OF THE CONTINENTAL SHELF
(By the President of the United States of America)
A PROCLAMATION (NO. 2667)
WHEREAS the Government of the United States of America, aware of the long
range worldwide need for new resources of petroleum and other minerals, holds
the view that efforts to discover and make available new supplies of these resources
should be encouraged; and
WHEREAS its competent experts are of the opinion that such resources under-
lie many parts of the continental shelf off the coasts of the United States of America,
and that with modern technological progress their utilization is already practicable
or will become so at an early date; and
WHEREAS recognized jurisdiction over these resources is required in the in-
terest of their conservation and prudent utilization when and as development is
undertaken; and
WHEREAS it is the view of the Government of the United States that the
exercise of jurisdiction over the natural resources of the subsoil and seabed of the
continental shelf by the contiguous nation is reasonable and just, since the effec-
tiveness of measures to utilize or conserve these resources would be contingent
upon cooperation and protection from the shore, since the continental shelf may
be regarded as an extension of the land mass of the coastal nation and thus natu-
rally appurtenant to it, since these resources frequently form a seaward extension
of a pool or deposit lying within the territory, and since self-protection compels
the coastal nation to keep close watch over activities off its shores which are of
the nature necessary for utilization of these resources;
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2418 LEGAL COMPILATION—WATER
Now, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America,
do hereby proclaim the following policy of the United States of America with
respect to the natural resources of the subsoil and seabed of the continental shelf.
Having concern for the urgency of conserving and prudently utilizing its natural
resources, the Government of the United States regards the natural resources of
the subsoil and seabed of the continental shelf beneath the high seas but con-
tiguous to the coasts of the United States as appertaining to the United States, sub-
ject to its jurisdiction and control. In cases where the continental shelf extends
to the shores of another State, or is shared with an adjacent State, the boundary
shall be determined by the United States and the State concerned in accordance
with equitable principles. The character as high seas of the waters above the
continental shelf and the right to their free and unimpeded navigation are in no
way thus affected.
[P- 54]
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
United States of America to be affixed.
DONE at the City of Washington this twenty-eighth day of September, in the
year of our Lord nineteen hundred and forty-five, and of the Independence of
the United States of America the one hundred and seventieth.
[SEAL] HARRY S. TRUMAN.
By the President:
DEAN ACHESON,
Acting Secretary of State.
SEPTEMBER 28,1945.
A PROCLAMATION (No. 2668)
POLICY OF THE UNITED STATES WITH RESPECT TO COASTAL FISHERIES m CERTAIN
AREAS OF THE HIGH SEAS
(By the President of the United States of America)
WHEREAS for some years the Government of the United States of America has
viewed with concern the inadequacy of present arrangements for the protection
and perpetuation of the fishery resources contiguous to its coasts, and, in view
of the potentially disturbing effect of this situation, has carefully studied the
possibility of improving the jurisdictional basis for conservation measures and
international cooperation in this field; and
WHEREAS such fishery resources have a special importance to coastal com-
munities as a source of livelihood and to the nation as a food and industrial
resource; and
WHEREAS the progressive development of new methods and techniques con-
tributes to intensified fishing over wide sea areas and in certain cases seriously
threatens fisheries with depletion; and
WHEREAS there is an urgent need to protect coastal fishery resources from
destructive exploitation, having due regard to conditions peculiar to each region
and situation and to the special rights and equities of the coastal State and of
any other State which may have established a legitimate interest therein;
Now, THEREFORE, I, HARRY S. TRUMAN, President of the United States of Amer-
ica, do hereby proclaim the following policy of the United States of America
with respect to coastal fisheries in certain areas of the high seas:
In view of the pressing need for conservation and protection of fishery resources,
the Government of the United States regards it as proper to establish conservation
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STATUTES AND LEGISLATIVE HISTORY 2419
zones in those areas of the high seas contiguous to the coasts of the United States
wherein fishing activities have been or in the future may be developed and
maintained on a substantial scale. Where such activities have been or shall
hereafter be developed and maintained by its nationals alone, the United States
regards it as proper to establish explicitly bounded conservation zones in which
fishing activities shall be subject to the regulation and control of the United
States. Where such activities have been or shall hereafter be legitimately
developed and maintained jointly by nationals of the United States and nationals
of other States, explicitly bounded conservation zones may be established under
agreements between the United States and such other States; and all fishing
activities in such zones shall be subject to regulation and control as provided in
such agreements. The right of any State to establish conservation zones off its
shores in accordance with the above principles is conceded, provided that corre-
sponding recognition is given to any fishing interests of nationals of the United
States which may exist in such areas. The character as high seas of the areas
in which such conservation zones are established and the right to their free and
unimpeded navigation are in no way thus affected.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the
United States of America to be affixed.
DONE at the City of Washington this twenty-eighth day of September, in the
year of our Lord nineteen hundred and forty-five, and of the Independ-
[SEAL] ence of the United States of America the one hundred and seventieth.
HARRY S. TRUMAN.
By the President:
DEAN ACHESON,
Acting Secretary of State.
SEPTEMBER 28,1945.
[p. 55]
EXECUTIVE ORDER 9633
RESERVING AND PLACING CERTAIN RESOURCES OF THE CONTINENTAL SHELF UNDER
THE CONTROL AND JURISDICTION OF THE SECRETARY OF THE INTERIOR
By virtue of and pursuant to the authority vested in me as President of the United
States, it is ordered that the natural resources of the subsoil and seabed of the
Continental Shelf beneath the high seas but contiguous to the coasts of the United
States declare this day by proclamation to appertain to the United States and to
be subject to its jurisdiction and control, be and they are hereby reserved, set
aside, and placed under the jurisdiction and control of the Secretary of the
Interior for administrative purposes, pending the enactment of legislation in
regard thereto. Neither this order nor the aforesaid proclamation shall be
deemed to affect the determination by legislation or judicial decree of any issues
between the United States and the several States, relating to the ownership or
control of the subsoil and seabed of the Continental Shelf within or outside of
the 3-mile limit.
HARRY S. TRUMAN.
THE WHITE HOUSE,
September 28, 1945.
EXECUTIVE ORDER 9634
PROVIDING FOR THE ESTABLISHMENT OF FISHERY CONSERVATION ZONES
By virtue of and pursuant to the authority vested in me as President of the
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2420 LEGAL COMPILATION—WATER
United States, it is hereby ordered that the Secretary of State and the Secretary
of the Interior shall from time to time jointly recommend the establishment by
Executive orders of fishery conservation zones in areas of the high seas contiguous
to the coasts of the United States, pursuant to the proclamation entitled "Policy
of the United States With Respect to Coastal Fisheries in Certain Areas of the
High Seas," this day signed by me, and said Secretaries shall in each case recom-
mend provisions to be incorporated in such orders relating to the administration,
regulation, and control of the fishery resources of and fishing activities in such
zones, pursuant to authority of law heretofore or hereafter provided.
HARRY S. TRUMAN.
THE WHITE HOUSE,
September 28, 1945.
APPENDIX C
The notices issued by the Secretary of the Interior concerning
"Oil and Gas Operations in the Submerged Coastal Lands of the Gulf
of Mexico" and the extensions thereof which are given legislative
approval and confirmation in section 7 (b) of S. 1901 are set forth
below.
DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, December 11, 1950.
NOTICE—OIL AND GAS OPERATIONS IN THE SUBMERGED COASTAL LANDS OF THE
GULF OF MEXICO
On June 5,1950, the Supreme Court decided the cases of United States v. Louisi-
ana and United States v. Texas in favor of the United States (339 U. S. 699, 707).
On December 11, 1950, the Court entered its decrees in those cases, adjudging
that the Federal Government has paramount rights in, full dominion and power
over, and ownership of the lands and the oil and gas deposits underlying that por-
tion of the Gulf of Mexico which extends from the line of ordinary low tide and
from the seaward boundaries of inland waters along the coasts of Louisiana and
Texas to the outer edge of the Continental Shelf in the case of Texas and seaward
[p. 56]
27 marine miles in the case of Louisiana. Among other things, the decrees enjoin
Louisiana and Texas, and their lessees, from carrying on any activities in the
aforesaid areas of the Gulf of Mexico for the purpose of taking or removing
therefrom any petroleum or gas, (and from taking or removing therefrom any
petroleum or gas,) except under authorization first obtained from the United
States.
There appear to be a number of producing oil and gas wells, and other wells
where drilling operations are now being conducted, in areas of the Gulf of Mexico
which are within the scope of the Supreme Court's decisions and decrees in the
Texas and Louisiana cases. These activities presumably are being conducted
under leases granted by the States of Louisiana and Texas. As a result of the
decisions and decrees of the Supreme Court previously mentioned, such leases
must be regarded as never having had any legal effect.
Under Executive Order 9633 (10 F.R. 12305), the natural resources of the sub-
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STATUTES AND LEGISLATIVE HISTORY 2421
merged coastal lands of the United States were placed under the "jurisdiction and
control of the Secretary of the Interior for administrative purposes, pending the
enactment of legislation." This places upon the Secretary of the Interior, pending
the enactment of legislation, the responsibility for the future protection of the
Government's interest in those submerged coastal lands adjacent to Texas and
Louisiana which are property of the United States under the Supreme Court's
decisions and decrees.
The relationship between the known domestic supplies of petroleum and the
present and potential national needs, military and civilian, for petroleum is such
that undue interruption of the present operations in the Gulf of Mexico would
involve the risk of injury to our national security and economy. Moreover, the
producing wells and the elaborate facilities used in drilling for and producing
oil and gas in the submerged coastal lands are subjected to unusual risks of loss,
injury, and deterioration through action by the elements, which can only be
avoided or minimized by continuous and vigilant operation and maintenance.
Such loss, injury, and deterioration, if permitted to occur, would be an economic
waste in an operation of benefit to the national security and economy and pro-
ductive of income to the Federal Government. Therefore, it is desirable that
appropriate arrangements be made, subject to future congressional action, for
the continuance of present operations in order to protect the interests of the
United States in this valuable property. The Solicitor of the Department of the
Interior is of the opinion that, in such circumstances, the Secretary of the Interior
has implied authority to make such arrangements under the principle relied
upon by the Attorney General in 40 Opinions of the Attorney General 41.
The extent of the relief to which the United States may be entitled because
of trespasses upon and unauthorized leases of submerged coastal lands of the
United States is still to be judicially determined; and the question as to whether
any equities in lessees of a State, or in those claiming under such lessees, may
be recognized by the United States, and, if so, to what extent, is dealt with in
proposed legislation pending in the Congress.
II
Persons now conducting under State leases oil and gas operations in those areas
of submerged coastal lands adjacent to the Texas and Louisiana coasts which
are seaward of the ordinary low-water mark and are outside the inland waters
of those States (1) are hereby authorized to continue such operations for a
period of 60 days after December 11, 1950, subject, however, to the payment to
the United States of the equivalent of such rentals, royalties, and other payments
as were provided to be paid the lessor in such State leases for and during the
period from December 11, 1950, to the expiration of said 60-day period, and
(2) may file with the Director, Bureau of Land Management, Department of the
Interior, Washington 25, D.C., not later than 30 days after December 11, written
requests for permission to continue such operations beyond the 60-day period
previously mentioned. Each request should describe the nature of the current
operations, and should be accompanied by two copies of the State lease pursuant
to which such operations have been conducted and, if practicable, two copies of a
map of the leased area.
The authorization granted by or pursuant to this notice for the continuation
of oil and gas operations by persons now conducting such operations under State
leases is not to be construed, in any sense, as an adoption, confirmation, ratifica-
tion, or validation of said leases by the United States, and is without prejudice to
any rights of the United States.
[p. 57]
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2422 LEGAL COMPILATION—WATER
in
Any sum which the terms of any State lease covering an area of the aforesaid
submerged coastal lands require a lessee who is not now conducting operations in
such area to pay to the lessor during the period of 60 days from December 11,1950,
may be tendered to the Secretary of the Interior in the form of a check payable to
the order of the Treasurer of the United States accompanied by two copies of such
lease. Such a payment will be accepted on the following conditions:
(1) The remittance will be deposited in a special account within the Treasury
of the United States under 31 United States Code, 1946 edition, section 725r, subject
to the control of the Secretary of the Interior, the proceeds to be expended in such
manner as may hereafter be directed by an act of Congress or, in the absence of
such direction, as the Secretary of the Interior may deem to be proper, which may
include a refund of the money to the person who paid it.
(2) The acceptance of such moneys will not amount to, or have the effect of
being, an adoption, confirmation, ratification, or validation of the State lease by
the United States and will be without prejudice to any rights of the United States.
(3) The Secretary of the Interior will not grant, in return for such payment,
any right to inaugurate operations for the discovery and production of oil and
gas within the area of submerged coastal land covered by the State ease, or any
other right respecting such land.
(NoiE.—The Secretary of the Interior subsequently submitted the following
supplements to pt. II and pt. Ill:)
NOTICE—OIL AND GAS OPERATIONS IN THE SUBMERGED COASTAL LANDS OF THE
GULF OF MEXICO
This supplements part II of the notice issued by the Secretary of the Interior on
December 11, 1950, concerning "Oil and Gas Operations in the Submerged Coastal
Lands of the Gulf of Mexico" (15 F.R. 8835).
Persons conducting oil and gas operations in accordance with part II of the
notice dated December 11, 1950, are hereby authorized to continue such operations
for a period of 30 days after the expiration of the 60-day period mentioned in sub-
division (1) of the first paragraph of part II. This supplementary authorization is
subject to the conditions prescribed in part II.
OSCAR L. CHAPMAN,
Secretary of the Interior.
FEBRUARY 2,1951.
U.S. Department of the Interior, Office of the Secretary, Washington
OIL AND GAS OPERATIONS IN THE SUBMERGED COASTAL LANDS OF THE GULP
OF MEXICO
This is a further supplement to part II of the notice issued by the Secretary
of the Interior on December 11, 1950, concerning "Oil and Gas Operations in the
Submerged Coastal Lands of the Gulf of Mexico" (15 F.R. 8835), as previously
supplemented by the notice issued by the Secretary of the Interior on February 2,
1951 (16F.R. 1203).
Persons conducting oil and gas operations in accordance with part II of the notice
dated December 11,1950, as supplemented by the notice dated February 2,1951, are
hereby authorized to continue such operations to and including May 8,1951. This
supplementary authorization is subject to the conditions prescribed in Part II.
This notice does not authorize (as the notices of December 11, 1950, and
February 2, 1951, did not authorize) the drilling of, or production from, any wells
-------
STATUTES AND LEGISLATIVE HISTORY 2423
the drilling of which had not been commenced on or before December 11, 1950.
OSCAR L. CHAPMAN,
Secretary o] the Interior.
MARCH 5,1951.
[F.R. Doc. 51-3086; Filed, Mar. 8, 1951; 8:48 a.m.]
[U.S. Department of the Interior, Washington]
AMENDMENT OF NOTICE ENTITLED "On. AND GAS OPERATIONS IN THE SUBMERGED
COASTAL LANDS OF THE GULF OF MEXICO
Part III of the notice issued by the Secretary of the Interior on December 11,
1950, concerning "Oil and Gas Operations in the Gulf of Mexico" (15 F. R. 8835)
is amended, effective December 11, 1950, to read as follows:
[P- 58]
Any sum which the provisions of any State oil and gas lease covering an area
of the aforesaid submerged coastal lands require or permit a lessee who was not
on December 11, 1950, conducting operations in such area to pay to the lessor may
be tendered to the Secretary of the Interior in the form of a check payable to the
order of the Treasurer of the United States, accompanied by two copies of such
lease. Such a payment will be accepted subject to the following conditions:
(a) The acceptance of such remittance will not amount to, or have the effect
of being, an adoption, confirmation, ratification, or validation of the State lease
by the United States and will be without prejudice to any rights of the United
States.
(b) The Secretary of the Interior will not grant, in return for such payment,
any right to inaugurate operations for the discovery and production of oil or gas
within the area of submerged coastal land covered by the State lease, or any other
right respecting such land.
(c) The remittance will be deposited in a special account within the Treasury
of the United States under 31 United States Code, 1946 edition, section 725r, subject
to the control of the Secretary of the Interior, the proceeds to be expended hi such
manner as may hereafter be directed by an act of Congress or in the absence of
such direction, as the Secretary of the Interior may deem to be proper, which may
include a refund of the money for reasons other than those hereinafter set forth.
(d) In the event that all or any part of the area covered by the State lease
should later be determined to be above the ordinary low-water mark or within
navigable inland waters, any sum tendered with respect to such area and held
under paragraph (c) above will be refunded, either entirely or proportionately,
as such determination may make appropriate, upon the request of the person
who tendered such sum.
(e) If the United States should fail to provide within a period of 2 years from
December 11,1950, for the granting to the person making such a tender of the right
to conduct oil and gas operations on the land covered by the State lease, under
provisions substantially equivalent to those of the State lease, the sum so tendered
and held under paragraph (c) above will be refunded upon the request of the
person who tendered it, unless (1) such person shall have accepted a grant from
the United States of the right to conduct oil and gas operations on the land under
provisions different from those of the State lease, or (2) such person shall have
failed to tender to the Secretary of the Interior, during the 2-year period, a further
payment required under the provisions of the State lease.
(f) If, at the tune for the making of a refund to any person under the pre-
-------
2424 LEGAL COMPILATION—WATER
ceding paragraphs of this part, the United States should have a claim against such
person, the right to offset the amount of such claim against the amount otherwise
scheduled for refund may be asserted.
OSCAR L. CHAPMAN,
Secretary of the Interior.
JANUARY 26,1951.
UNITED STATES DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, February 2,1951.
NOTICE
OIL AND GAS OPERATIONS IN THE SUBMERGED COASTAL LANDS or THE GULF OF
MEXICO
This supplements part II of the notice issued by the Secretary of the Interior on
December 11, 1950, concerning "Oil and Gas Operations in the Submerged Coastal
Lands of the Gulf of Mexico" (15 F.R. 8835).
Persons conducting oil and gas operations in accordance with part II of the
notice dated December 11,1950, are hereby authorized to continue such operations
for a period of 30 days after the expiration of the 60-day period mentioned in sub-
division (1) of the first paragraph of part II. This supplementary authorization is
subject to the conditions prescribed in part II.
(Signed) OSCAR L. CHAPMAN,
Secretary of the Interior.
[p. 59]
UNITED STATES DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, March 5,1951.
NOTICE
OIL AND GAS OPERATIONS IN THE SUBMERGED COASTAL LANDS OF THE
GULF OF MEXICO
This is a further supplement to part II of the notice issued by the Secretary of the
Interior on December 11, 1950, concerning "Oil and Gas Operations in the Sub-
merged Coastal Lands of the Gulf of Mexico" (15 F.R. 8835), as previously sup-
plemented by the notice issued by the Secretary of the Interior on February 2,
1951 (16 F.R. 1203).
Persons conducting oil and gas operations in accordance with part II of the notice
dated December 11, 1950, as supplemented by the notice dated February 2, 1951,
are hereby authorized to continue such operations to and including May 8, 1951.
This supplementary authorization is subject to the conditions prescribed in part II.
This notice does not authorize (as the notices of December 11,1950, and February
2, 1951, did not authorize) the drilling of, or production from, any wells the drilling
of which had not been commenced on or before December 11,1950.
(Sgd.) OSCAR L. CHAPMAN,
Secretary of the Interior.
-------
STATUTES AND LEGISLATIVE HISTORY 2425
UNITED STATES DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, April 23,1951.
NOTICE
OIL AND GAS OPERATIONS IN THE SUBMERGED COASTAL LANDS OF THE
GULF OF MEXICO
This is a third supplement to part II of the notice issued by the Secretary of the
Interior on December 11, 1950, concerning "Oil and Gas Operations in the Sub-
merged Coastal Lands of the Gulf of Mexico" (15 F.R. 8835), as previously supple-
mented by the notices issued by the Secretary of the Interior on February 2, 1951
(16 F.R. 1203), and March 5,1951 (16 F.R. 2195).
Persons conducting oil and gas operations in accordance with part II of the
notice dated December 11, 1950, as previously supplemented, are hereby authorized
to continue such operations to and including June 30, 1951. This supplementary
authorization is subject to the conditions prescribed in part II.
This notice does not authorize the drilling of, or production from, any oil or gas
wells the drilling of which had not been commenced on or before December 11,1950.
(Signed) OSCAR L. CHAPMAN,
Secretary of the Interior.
UNITED STATES DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
June 25, 1951.
OIL AND GAS OPERATIONS IN THE SUBMERGED COASTAL LANDS OF THE
GULF OF MEXICO
This is a fourth supplement to part II of the notice issued by the Secretary of the
Interior on December 11, 1950, concerning "Oil and Gas Operations in the Sub-
merged Coastal Lands of the Gulf of Mexico" (15 F.R. 8835), as previously supple-
mented by the notices issued by the Secretary of the Interior on February 2, 1951
(16 F.R. 1203), March 5,1951 (16 F.R. 2195), and April 23,1951 (16 F.R. 3623).
Persons conducting oil and gas operations in accordance with part II of the notice
dated December 11, 1950, as previously supplemented, are hereby authorized to
continue such operations to and including August 31, 1951. This supplementary
authorization is subject to the conditions prescribed in part II.
This does not authorize the drilling of, or production from, any oil or gas well the
drilling of which had not been commenced on or before December 11,1950.
(Signed) OSCAR L. CHAPMAN,
Secretary of the Interior.
[p. 60]
UNITED STATES DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, August 22, 1951.
OIL AND GAS OPERATIONS IN THE SUBMERGED COASTAL LANDS OF THE
GULF OF MEXICO
This is a fifth supplement to Part II of the notice issued by the Secretary of the
Interior on December 11, 1950, concerning "Oil and Gas Operations in the Sub-
merged Coastal Lands of the Gulf of Mexico" (15 F.R. 8835), as previously supple-
mented by the notices issued by the Secretary of the Interior on February 2, 1951
-------
2426 LEGAL COMPILATION—WATER
(16 F.R. 1203), March 5,1951 (16 F.R. 2195), April 23,1951 (16 F.R. 3623), and June
25,1951 (16 F.R. 6404).
Persons conducting oil and gas operations in accordance with Part II of the notice
dated December 11, 1950, as previously supplemented, are hereby authorized to
continue such operations to and including October 31, 1951. This supplementary
authorization is subject to the conditions prescribed in Part II.
This does not authorize the drilling of, or production from, any oil or gas well the
drilling of which had not been commenced on or before December 11,1950.
(Signed) R. D. SEARLES,
Acting Secretary of the Interior.
UNITED STATES DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, October 24,1951.
NOTICE
On. AND GAS OPERATIONS IN THE SUBMERGED COASTAL LANDS OF THE
GULF OF MEXICO
This is a sixth supplement to Part n of the notice issued by the Secretary of the
Interior on December 11, 1950, concerning "Oil and Gas Operations in the Sub-
merged Coastal Lands of the Gulf of Mexico" (15 F.R. 8835), as previously supple-
mented by the notices issued by the Secretary of the Interior on February 2, 1951
(16 F.R. 1203), March 5,1951 (16 FJR. 2195), April 23,1951 (16 F.R. 3623), June 25,
1951 (16 F.R. 6404), and August 22,1951 (16 F.R. 8720).
Persons conducting oil and gas operations in accordance with Part II of the notice
dated December 11, 1950, as previously supplemented, are hereby authorized to
continue such operations to and including December 31,1951. This supplementary
authorization is subject to the conditions prescribed in Part II.
This does not authorize the drilling of, or production from, any oil or gas well the
drilling of which had not been commenced on or before December 11,1950.
(Signed) OSCAR L. CHAPMAN,
Secretary of the Interior.
[16 F.R. 10998.]
UNITED STATES DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, December 21,1951.
NOTICE
OIL AND GAS OPERATIONS IN THE SUBMERGED COASTAL LANDS OF THE
GULF OF MEXICO
This is the seventh supplement to Part II of the notice issued by the Secretary of
the Interior on December 11,1950, concerning "Oil and Gas Operations in the Sub-
merged Coastal Lands of the Gulf of Mexico" (15 F.R. 8835), as previously supple-
mented by the notices issued by the Secretary of the Interior on February 2,1951
(16 F.R. 1203), March 5,1951 (16 F.R. 2195), April 23,1951 (16 F.R. 3623), June 25,
1951 (16 F.R. 6404), August 22, 1951 (16 F.R. 8720), and October 24, 1951 (16 F.R.
10998).
Persons conducting oil and gas operations in accordance with Part II of the
notice dated December 11, 1950, as previously supplemented, are hereby au-
[p. 61]
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STATUTES AND LEGISLATIVE HISTORY 2427
thorizecT to continue such operations to and including March 31, 1952. This
supplementary authorization is subject to the conditions prescribed in Part II.
This does not authorize the drilling of, or production from, any oil or gas well
the drilling of which had not been commenced on or before December 11, 1950.
(Signed) OSCAR L. CHAPMAN,
Secretary of the Interior.
[17 F.R. 43]
UNITED STATES DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
March 25, 1952.
OIL AND GAS OPERATIONS IN SUBMERGED COASTAL LANDS OF GULF OF MEXICO
This is an eighth supplement to Part II of the notice issued by the Secretary
of the Interior on December 11, 1950, concerning "Oil and Gas Operations in the
Submerged Coastal Lands of the Gulf of Mexico" (15 F.R. 8835), as previously
supplemented by the notices issued by the Secretary of the Interior on February
2, 1951 (16 F.R. 1203), March 5, 1951 (16 F.R. 2195), April 23, 1951 (16 F.R.
3623), June 25, 1951 (16 F.R. 6404), August 22, 1951 (16 F.R. 8720), October 24,
1951 (16 F.R. 10998), and December 21, 1951 (17 F.R. 43).
Persons conducting oil and gas operations in accordance with Part II of the
notice dated December 11, 1950, as previously supplemented, are hereby author-
ized to continue such operations to and including June 30, 1952. This supple-
mentary authorization is subject to the conditions prescribed in Part II.
This does not authorize the drilling of, or production from, any oil or gas well
the drilling of which had not been commenced on or before December 11, 1950.
OSCAR L. CHAPMAN,
Secretary of the Interior.
[17 F.R. 2821]
JUNE 26,1952.
OIL AND GAS OPERATIONS IN SUBMERGED COASTAL LANDS OF GULF OF MEXICO
This is a ninth supplement to Part II of the notice issued by the Secretary of
the Interior on December 11, 1950, concerning "Oil and Gas Operations in the
Submerged Coastal Lands of the Gulf of Mexico" (15 F.R. 8835), as previously
supplemented by the notices issued by the Secretary of the Interior on February
2, 1951 (16 F.R. 1203), March 5, 1951 (16 F.R. 2195), April 23, 1951 (16 F.R.
3623), June 25, 1951 (16 F.R. 6404), August 22, 1951 (16 F.R. 8720), October 24,
1951 (16 F.R. 10998), December 21, 1951 (17 F.R. 43), and March 25, 1952 (17 F.R.
2821).
Persons conducting oil and gas operations in accordance with Part II of the
notice dated December 11, 1950, as previously supplemented, are hereby author-
ized to continue such operations on an indefinite basis. This supplementary
authorization is subject to amendment or revocation at any time upon the giving
of 30 days' notice in advance through the publication of such notice in the FED-
ERAL REGISTER. It is also subject to the conditions prescribed in Part II
of the notice dated December 11,1950.
This does not authorize the drilling of, or production from, any oil or gas well
the drilling of which had not been commenced on or before December 11, 1950.
OSCAR L. CHAPMAN,
Secretary of the Interior.
[17 F.R. 5833]
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2428 LEGAL COMPILATION—WATER
UNITED STATES DEPARTMENT or THE INTERIOR,
OFFICE OF THE SECRETARY,
December 24, 1952.
OIL AND GAS OPERATIONS IN THE SUBMERGED COASTAL LANDS OF THE
GULF OF MEXICO
Paragraph (e) of Part III of the notice issued by the Secretary of the Interior
on December 11, 1950, concerning "Oil and Gas Operations in the Submerged
Coastal Lands of the Gulf of Mexico" (15 F.R. 8835), as amended on January 26,
1951 (16 F.R. 953), is amended to read as follows:
[p. 62]
"(e) If the United States should fail to provide, within two years from the
time when any such sum is tendered to the Secretary of the Interior, for the grant-
ing to the person making such tender of the right to conduct oil and gas operations
on the land covered by the State lease, under provisions substantially equivalent
to those of the State lease, the sum so tendered and held under paragraph (c)
above will be refunded upon the request of the person who tendered it, unless (1)
such person shall have accepted a grant from the United States of the right to
conduct oil and gas operations on the land under provisions different from those
of the State lease, or (2) such person shall have failed to tender to the Secretary of
the Interior, during the period prior to the submission of the request for refund,
a further payment required under the provisions of the State lease."
(Signed) OSCAR L. CHAPMAN,
Secretary of the Interior.
APPENDIX D
The text of Executive Order No. 10426, dated January 16, 1953,
entitled "Setting Aside Submerged Lands of the Continental Shelf
as a Naval Petroleum Reserve," which is revoked by section 13 of
S. 1901 is set forth below.
EXECUTIVE ORDER 10426, SETTING ASIDE SUBMERGED LANDS OF THE
CONTINENTAL SHELF AS A NAVAL PETROLEUM RESERVE
By virtue of the authority vested in me as President of the United States, it
is ordered as follows:
SECTION 1. (a) Subject to valid existing rights, if any, and to the provisions
of this order, the lands of the continental shelf of the United States and Alaska
lying seaward of the line of mean low tide and outside the inland waters and
extending to the furthermost limits of the paramount rights, full dominion, and
power of the United States over lands of the continental shelf are hereby set
aside as a naval petroleum reserve and shall be administered by the Secretary of
the Navy.
(b) The reservation established by this section shall be for oil and gas only,
and shall not interfere with the use of the lands or waters within the reserved
area for any lawful purpose not inconsistent with the reservation.
SEC. 2. The provisions of this order shall not affect the operating stipulation
which was entered into on July 26, 1947, by the Attorney General of the United
States and the Attorney General of California in the case of United States of Amer-
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STATUTES AND LEGISLATIVE HISTORY 2429
ica V. State of California (in the Supreme Court of the United States, October
Term, 1947, No. 12. Original), as thereafter extended and modified.
SEC. 3. (a) The functions of the Secretary of the Interior under Parts II and
III of the notice issued by the Secretary of the Interior on December 11, 1950, and
entitled "Oil and Gas Operations in the Submerged Coastal Lands of the Gulf of
Mexico" (15 F.R. 8835), as supplemented and amended, are transferred to the
Secretary of the Navy; and the term "Secretary of the Navy" shall be substituted
for the term "Secretary of the Interior" wherever the latter term occurs in the
said Parts II and III.
(b) Paragraph (c) of Part III of the aforesaid notice dated December 11, 1950,
as amended, is amended to read as follows:
" (c) The remittance shall be deposited in a suspense account within the Treas-
ury of the United States, subject to the control of the Secretary of the Navy, the
proceeds to be expended in such manner as may hereafter be directed by an act
of Congress or, in the absence of such direction, refunded (which may include
a refund of the money for reasons other than those hereinafter set forth) or
deposited into the general fund of the Treasury, as the Secretary of the Navy
may deem to be proper."
(c) The provisions of Parts II and III of the aforesaid notice dated December
11, 1950, as supplemented and amended, including the amendments made by
this order, shall continue in effect until changed by the Secretary of the Navy.
SEC. 4. Executive Order No. 9633 of September 28, 1945, entitled "Reserving
and Placing Certain Resources of the Continental Shelf Under the Control and
Jurisdiction of the Secretary of the Interior" (10 F.R. 12305), is hereby revoked.
HARRY S. TRUMAN.
THE WHITE HOUSE,
January 16,1953.
(F.R. Doc. 53-734; Filed, Jan. 16, 1953; 4:56 p.m.)
[p. 63]
JANUARY 16, 1953.
STATEMENT BY THE PRESIDENT REGARDING EXECUTIVE ORDER 10426, SETTING ASIDE
SUBMERGED LANDS OF THE CONTINENTAL SHELF AS A NAVAL PETROLEUM RESERVE
I have today issued an Executive order setting aside the submerged lands of
the Continental Shelf as a naval petroleum reserve, to be administered by the
Secretary of the Navy. The great oil and gas deposits in these lands will be
conserved and utilized in order to promote the security of the Nation. This is
an important step in the interest of the national defense.
The tremendous importance of oil to the Government of the United States in
these times is difficult to overestimate.
The latest statistics indicate that, during the year 1952, the domestic con-
sumption of petroleum products in the United States averaged about 7.3 million
barrels per day. A large part of that daily consumption of petroleum products
was attributable to agencies of the Federal Government, particularly the three
military departments of the Army, the Navy, and the Air Force.
The domestic production of petroleum during the year 1952, according to the
latest statistics, averaged about 6.8 million barrels per day. It will be seen, there-
fore, that the production of petroleum in the United States during 1952 fell far
short of meeting the consumption of petroleum products. This deficit is expected
to grow larger year by year.
In view of the great demand for oil by the Government for defense purposes,
it is of the utmost importance that the vast oil deposits in the Continental Shelf,
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2430 LEGAL COMPILATION—WATER
which are assets of all the people of the United States, be conserved and utilized
for the national security.
At the present time, there are a total of 22 known oilfields in the Continental
Shelf adjacent to the coasts of California, Louisiana, and Texas. These known
fields contain estimated proven reserves aggregating approximately 492 million
barrels of oil.
Moreover, it has been estimated, on the basis of available scientific data, that
the Continental Shelf adjacent to the coasts of these three States actually con-
tains a grand total of about 15 billion barrels of oil.
In order that these great reservoirs of oil, which belong to all the people of
the United States and are of such crucial importance from the standpoint of
the national security may be preserved for the Nation, I have set them aside
as a naval petroleum reserve.
The Executive order does not require the shutdown of any existing production
of oil from submerged lands of the Continental Shelf. Special provisions have
been inserted in the order to permit the continuation of this existing production.
It has been, and still is, my firm conviction that it would be the height of folly
for the United States to give away the vast quantities of oil contained in the
Continental Shelf, and then buy back this same oil at stiff prices for use by
the Army, the Navy, and the Air Force in the defense of the Nation.
[p. 64]
MINORITY REPORT BY SENATOR RUSSELL B. LONG, OF
LOUISIANA
I am opposed to S. 1901 because in my opinion it does great vi-
olence to our traditional concept of dual sovereignty in American
government and will, insofar as law and order are concerned, create
a virtual dictatorship which will impose its heavy hand at will on the
administration of justice to many thousands of American citizens.
The bill, by denying the States any powers of taxation and refusing
them any portion of the revenues which might be derived from the
outer Continental Shelf, fails to recognize the tremendous financial
burdens which operations in the area will place upon the States
concerned.
I also object to the provisions of the bill which provide exclusive
Federal administration of the area. Nevertheless, it is fair to observe
that the committee amendments in this connection are a vast im-
provement over the original proposal to apply admiralty and mari-
time law to structures which are now located in the outer Continental
Shelf or may be built there.
While the committee held hearings of considerable length and al-
lowed the presentation of a great deal of evidence from the State
officials concerned, I do not believe this bill has received the calm and
deliberate consideration which such important legislation deserves.
Any act which has as its purpose the establishment of a system of
law and a means of administering justice should be considered on a
plane free of the ordinary political and economic currents which, un-
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STATUTES AND LEGISLATIVE HISTORY 2431
fortunately, are present in the instant case. This is no reflection on
the sincerity of the majority of the committee who have done per-
haps the best they could under a rigid timetable designed for the
purpose of obtaining legislation by a time certain.
Careful delineation must be made between the area with which
this bill deals and the area involved in the Submerged Lands Act
recently enacted. In the prior legislation, title to the lands within
the original boundaries of the States—lands which had been claimed
without contest by the States for 150 years—was confirmed in the
States. Those lands, until the Supreme Court had applied to them
a new concept of "paramount rights" in the Federal Government,
always had been within the limits both of the Nation and of the re-
spective States and had been subject to our traditional concepts of
dual sovereignty.
When we look upon the Continental Shelf and the resources
thereof in its true light, we do not find it to have been an asset his-
torically possessed by the United States. Rather we find that area
to be in a sense a vast new strip of territory of major value which
this Nation has the fortunate power to take by virtue of the fact that
it was closer than any other power of the world to the area. It is
important to note that in acquiring this vast resource, the United
States found that the States of Louisiana and Texas had already laid
[p-65]
claim upon certain parts of it. These claims on behalf of Louisiana
and Texas had certain validity. It gave those States the right to
extract resources and retain all revenue derived from them until
such time as the Federal Government itself asserted its rights. The
effects of the claim of paramount rights to such resources by Pres-
ident Truman in 1945 and the congressional claim this year were not
only that of acquiring such resources for the United States but of
ousting the States of their interest in this area.
There is no truly analogous situation in property law. Logic and
reason, however, would compel the Federal Government, in taking
such resources from the States, to permit the States to share in the
revenues produced in some equitable fashion. Especially is this true
when we consider the fact that the Federal Government is receiving
the benefit of State services for the support of all activities on shore
which are of a larger scope and a greater expense than the actual
drilling operation in the sea. Thus we find here a source of wealth,
first discovered and developed by the States at considerable ex-
pense, and which cannot be fully exploited or developed without the
benefit of State services from the mainland. Under this bill a few
States will bear a heavy financial burden while all the States—most
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2432 LEGAL COMPILATION—WATER
of which will neither contribute to the development nor bear any of
the costs—will reap the benefits.
Many thousands of Louisiana citizens who live under a long estab-
lished and well understood system of both Federal and State law—
enforced as the case might be by both Federal and State officials—
under the provisions of this bill, will perform their labors in an area
governed by a curious and complex mixture of Federal and State
laws, administered only by Federal officials, with power in the Secre-
tary of Interior to abrogate State laws by regulation. A resident of
Morgan City, La., who might become a party to litigation arising in
the outer Continental Shelf, will bear the expense of having his rights
litigated—no matter how insignificant they might be—in a Federal
court many miles removed from his domicile, rather than in his
nearby parish courthouse. His rights and privileges can vary from
day to day at the discretion of a Department head at the seat of gov-
ernment in Washington, many hundreds of miles removed from the
area. Insofar as the place of his employment is concerned, his rights
as an American citizen will be even less secure and certain than those
of the people of the Territories of Alaska and Hawaii. His suffrage
will not provide him the customery relief to be expected under our
Constitution and all of the great principles upon which American
Government is founded.
Many circumstances point directly to the fact that operations in
the outer Continental Shelf will greatly increase the cost of State and
local government and yet the committee ignores this fact and even
defeated a last-resort proposal I offered to reimburse the adjacent
States for these services to the extent of a mere one-half of the taxes
we now collect in the area.
A typical individual employed in operations in the shelf area will
maintain his family in one of our coastal parishes; he will own or be
buying his house and an automobile there. His children will attend
Louisiana schools. If either he or a member of his family becomes
ill, he will be cared for by a Louisiana doctor in a Louisiana hospital.
[p. 66]
After his employment in the shelf ends, he will continue to live in
Louisiana and will spend his old age there.
The children of these employees will attend a free public school,
and be provided with free schoolbooks, supplies, lunches, and trans-
portation. Our highways and streets will be traveled by both em-
ployer and employee. The State provides charity hospitals for the
indigent sick. Care for those stricken with tuberculosis or mental
diseases is provided by State-operated hospitals. A State-financed
medical school now provides many of the doctors who will minister
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STATUTES AND LEGISLATIVE HISTORY 2433
unto these people. The worker's person and property will be pro-
tected by our police. He will be protected from disease and sickness
by our public health and sanitation officers. His elderly parents are
likely to be receiving a pension during their period of
nonproductivity.
Louisiana provides a system of courts in which the employee will
litigate many of his claims.
Many of these same services will be provided for the oil company
whose base of operations will be necessarily on Louisiana soil. The
company will use our highways, will benefit from police protection,
and make use of our courts.
None can deny that the furnishing of such services to the thou-
sands of shelf workers, their families, and the companies for which
they work will be a heavy financial burden on the State and its
subdivisions.
Ordinarily a large percentage of the increased cost of providing
such services would be met by increasing the taxes on present
sources of revenue. Such action would be grossly unfair in this
instance. Yet there will be no alternative if the employers of these
workers are subject neither to the State's severance tax, property
tax, nor the tax on corporate profits. It is a basic principle in the
field of government that the provision of government services to the
business enterprise and its employees is made possible largely
through the taxation of property and profits of such enterprise.
Usually no difficulty is encountered in the application of this principle
since the industry and its employees are located in the same State.
No oil company holding a lease in the area protested to the com-
mittee against paying the severance tax. I have heard of no such
protest being made publicly anywhere else by any of the companies.
Since the tax is not applicable to the public royalty interest, its col-
lection would in no wise affect the revenues which will be derived by
the Federal Government. Its collection could be allowed, therefore,
without any cost to the United States. But rather than deal fairly
with the States, the Federal Government has chosen, through the
"windfall" provision in this bill, to extract the last ounce of flesh by
adding the amount of the States' tax to the royalty to which the
Federal Government is otherwise entitled under the validated
States' leases.
Where Federal ownership of property or Federal activities within
a State has increased the burden of State services, it has been an
historic policy that some type of sharing of mineral revenues or pay-
ments in lieu of taxes is used to reimburse the State for the addi-
tional loss of revenue or increase in costs as the case may be.
In the great public lands States of the West, the policy has been to
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2434 LEGAL COMPILATION—WATER
pay to the States 37% percent of all mineral revenues, with 52% per-
cent of the remainder going into the reclamation fund, all of which
[p- 67]
funds are expended in the States from which the revenues are in
large part derived. Only 10 percent is retained by the Federal Gov-
ernment as the cost of administration. The Tennessee Valley
Authority expends some $4 million annually from its receipts in pay-
ments to local units of government as replacement for taxes lost as a
result of the Authority's operation. The basic flood-control laws
provide that 75 percent of the income derived from flood-control
reservoirs is returned through the States to the local units of gov-
ernment in the area of the reservoir as payments in lieu of taxes.
These are illustrations of the policy in various fields which immed-
iately come to mind. They suffice to show that the proposal in this
bill completely disregards this well-established principle in Federal-
State relations.
Although justice and fairness under our way of We demand
equitable treatment for all the States, this bill discriminates against
Louisiana and the other affected States in a manner unheard of in
the entire annals of American history. For that reason I must oppose
it in its present form.
RUSSELL B. LONG,
United States Senator, Louisiana.
[p. 68]
1.14a(3) COMMITTEE OF CONFERENCE
HJB. REP. No. 1031, 83rd Cong., 1st Sess. (1953)
OUTER CONTINENTAL SHELF
JULY 29, 1953.—Ordered to be printed
Mr. GRAHAM, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 5134]
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the Senate to the bill (H.R. 5134) to
amend the Submerged Lands Act, having met, after full and free
-------
STATUTES AND LEGISLATIVE HISTORY 2435
conference, have agreed to recommend and do recommend to their
respective Houses as follows:
That the House recede from its disagreement to the amendment
of the Senate to the text of the bill and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following: That this Act may be cited as the "Outer
Continental Shelf Lands Act".
SEC. 2. DEFINITIONS.—When used in this Act—
(a) The term "outer Continental Shelf" means all submerged lands
lying seaward and outside of the area of lands beneath navigable
waters as defined in section 2 of the Submerged Lands Act (Public
Law 31, Eighty-third Congress, first session), and of which the sub-
soil and seabed appertain to the United States and are subject to its
jurisdiction and control;
(b) The term "Secretary" means the Secretary of the Interior;
(c) The term "mineral lease" means any form of authorization for
the exploration for, or development or removal of deposits of, oil,
gas, or other minerals; and
(d) The term "person" includes, in addition to a natural person,
an association, a State, a political subdivision of a State, or a private,
public, or municipal corporation.
SEC. 3. JURISDICTION OVER OUTER CONTINENTAL SHELF.— (a) It is
hereby declared to be the policy of the United States that the subsoil
and seabed of the outer Continental Shelf appertain to the United
States and are subject to its jurisdiction, control, and power of dis-
position as provided in this Act.
[P. i]
(b) This Act shall be construed in such manner that the character
as high seas of the waters above the outer Continental Shelf and the
right to navigation and fishing therein shall not be affected.
SEC. 4. LAWS APPLICABLE TO OUTER CONTINENTAL SHELF.— (a) (1)
The Constitution and laws and civil and political jurisdiction of the
United States are hereby extended to the subsoil and seabed of the
outer Continental Shelf and to all artificial islands and fixed structures
which may be erected thereon for the purpose of exploring for, de-
veloping, removing, and transporting resources therefrom, to the
same extent as if the outer Continental Shelf were an area of ex-
clusive Federal jurisdiction located within a State: Provided, how-
ever, That mineral leases on the outer Continental Shelf shall be
maintained or issued only under the provisions of this Act.
(2) To the extent that they are applicable and not inconsistent
with this Act or with other Federal laws and regulations of the Secre-
-------
2436 LEGAL COMPILATION—WATER
tary now in effect or hereafter adopted, the civil and criminal laws of
each adjacent State as of the effective date of this Act are hereby de-
clared to be the law of the United States for that portion of the subsoil
and seabed of the outer Continental Shelf, and artificial islands and
fixed structures erected thereon, which would be within the area of
the State if its boundaries were extended seaward to the outer margin
of the outer Continental Shelf, and the President shall determine and
publish in the Federal Register such projected lines extending sea-
ward and defining each such area. All of such applicable laws shall
be administered and enforced by the appropriate officers and courts
of the United States. State taxation laws shall not apply to the outer
Continental Shelf.
(3) The provisions of this section for adoption of State law as the
law of the United States shall never be interpreted as a basis for
claiming any interest in or jurisdiction on behalf of any State for any
purpose over the seabed and subsoil of the outer Continental Shelf,
or the property and natural resources thereof or the revenues
therefrom.
(b) The United States district courts shall have original jurisdic-
tion of cases and controversies arising out of or in connection with any
operations conducted on the outer Continental Shelf for the purpose
of exploring for, developing, removing or transporting by pipeline the
natural resources, or involving rights to the natural resources of the
subsoil and seabed of the outer Continental Shelf, and proceedings
with respect to any such case or controversy may be instituted in the
judicial district in which any defendant resides or may be found, or
in the judicial district of the adjacent State nearest the place where
the cause of action arose.
(c) With respect to disability or death of an employee resulting
from any injury occurring as the result of operations described in
subsection (b), compensation shall be payable under the provisions
of the Longshoremen's and Harbor Workers' Compensation Act. For
the purposes of the extension of the provisions of the Longshoremen's
and Harbor Workers' Compensation Act under this section—
(1) the term "employee" does not include a master or member
of a crew of any vessel, or an officer or employee of the United
States or any agency thereof or of any State or foreign govern-
ment, or of any political subdivision thereof;
(2) the term "employer" means an employer any of whose
employees are employed in such operations; and
(3) the term "United States" when used in a geographical
sense includes the outer Continental Shelf and artificial islands
and fixed structures thereon.
[p. 2]
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STATUTES AND LEGISLATIVE HISTORY 2437
(d) For the purposes of the National Labor Relations Act, as
amended, any unfair labor practice, as defined in such Act, occurring
upon any artificial island or fixed structure referred to in subsection
(a) shall be deemed to have occurred within the judicial district of
the adjacent State nearest the place of location of such island or
structure.
(e) (1) The head of the Department in which the Coast Guard is
operating shall have authority to promulgate and enforce such rea-
sonable regulations with respect to lights and other warning devices,
safety equipment, and other matters relating to the promotion of
safety of life and property on the islands and structures referred to in
subsection (a) or on the waters adjacent thereto, as he may deem
necessary.
(2) The head of the Department in which the Coast Guard is op-
erating may mark for the protection of navigation any such island or
structure whenever the owner has failed suitably to mark the same
in accordance with regulations issued hereunder, and the owner shall
pay the cost thereof. Any person, firm, company, or corporation who
shall fail or refuse to obey any of the lawful rules and regulations is-
sued hereunder shall be guilty of a misdemeanor and shall be fined
not more than $100 for each offense. Each day during which such
violation shall continue shall be considered a new offense.
(/) The authority of the Secretary of the Army to prevent obstruc-
tion to navigation in the navigable waters of the United States is
hereby extended to artificial islands and fixed structures located on
the outer Continental Shelf.
(g) The specific application by this section of certain provisions of
law to the subsoil and seabed of the outer Continental Shelf and the
artificial islands and fixed structures referred to in subsection (a) or
to acts or offenses occurring or committed thereon shall not give rise
to any inference that the application to such islands and structures,
acts, or offenses of any other provision of law is not intended.
SEC. 5. ADMINISTRATION OF LEASING OF THE OUTER CONTINENTAL
SHELF.— (a) (1) The Secretary shall administer the provisions of
this Act relating to the leasing of the outer Continental Shelf, and
shall prescribe such rules and regulations as may be necessary to
carry out such provisions. The Secretary may at any time prescribe
and amend such rules and regulations as he determines to be neces-
sary and proper in order to provide for the prevention of waste and
conservation of the natural resources of the outer Continental Shelf,
and the protection of correlative rights therein, and, notwithstanding
any other provisions herein, such rules and regulations shall apply to
all operations conducted under a lease issued or maintained under
the provisions of this Act. In the enforcement of conservation laws,
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2438 LEGAL COMPILATION—WATER
rules, and regulations the Secretary is authorized to cooperate with
the conservation agencies of the adjacent States. Without limiting
the generality of the foregoing provisions of this section, the rules
and regulations prescribed by the Secretary thereunder may pro-
vide for the assignment or relinquishment of leases, for the sale of
royalty oil and gas accruing or reserved to the United States at not
less than market value, and, in the interest of conservation, for uniti-
zation, pooling, drilling agreements, suspension of operations or pro-
duction, reduction of rentals or royalties, compensatory royalty
agreements, subsurface storage of oil or gas in any of said submerged
lands, and drilling or other easements necessary for operations or
production.
[p. 3]
(2) Any person who knowingly and willfully violates any rule or
regulation prescribed by the Secretary for the prevention of waste,
the conservation of the natural resources, or the protection of correla-
tive rights shall be deemed guilty of a misdemeanor and punishable
by a fine of not more than $2,000 or by imprisonment for not more
than six months, or by both such fine and imprisonment, and each
day of violation shall be deemed to be a separate offense. The is-
suance and continuance in effect of any lease, or of any extension, re-
newal, or replacement of any lease under the provisions of this Act
shall be conditioned upon compliance with the regulations issued
under this Act and in force and effect on the date of the issuance of the
lease if the lease is issued under th-e provisions of section 8 hereof,
or with the regulations issued under the provisions of section 6 (b),
clause (2), hereof if the lease is maintained under the provisions of
section 6 hereof.
(b) (1) Whenever the owner of a nonproducing lease fails to
comply with any of the provisions of this Act, or of the lease, or of
the regulations issued under this Act and in force and effect on the
date of the issuance of the lease if the lease is issued under the pro-
visions of section 8 hereof, or of the regulations issued under the pro-
visions of section 6 (b), clause (2), hereof, if the lease is maintained
under the provisions of section 6 hereof, such lease may be canceled
by the Secretary, subject to the right of judicial review as provided
in section 8 (j), if such default continues for the period of thirty days
after mailing of notice by registered letter to the lease owner at his
record post office address.
(2) Whenever the owner of any producing lease fails to comply
with any of the provisions of this Act, or of the lease, or of the reg-
ulations issued under this Act and in force and effect on the date of
the issuance of the lease if the lease is issued under the provisions of
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STATUTES AND LEGISLATIVE HISTORY 2439
section 8 hereof, or of the regulations issued under the provisions of
section 6 (b), clause (2), hereof, if the lease is maintained under the
provisions of section 6 hereof, such lease may be forfeited and can-
celed by an appropriate proceeding in any United States district court
having jurisdiction under the provisions of section 4 (b) of this Act.
(c) Rights-of-way through the submerged lands of the outer Con-
tinental Shelf, whether or not such lands are included in a lease
maintained or issued pursuant to this Act, may be granted by the
Secretary for pipeline purposes for the transportation of oil, natural
gas, sulphur, or other mineral under such regulations and upon such
conditions as to the application therefor and the survey, location and
width thereof as may be prescribed by the Secretary, and upon the
express condition that such oil or gas pipelines shall transport or
purchase without discrimination, oil or natural gas produced from
said submerged lands in the vicinity of the pipeline in such propor-
tionate amounts as the Federal Power Commission, in the case of gas,
and the Interstate Commerce Commission, in the case of oil, may,
after a full hearing with due notice thereof to the interested parties,
determine to be reasonable, taking into account, among other things,
conservation and the prevention of waste. Failure to comply with
the provisions of this section or the regulations and conditions pre-
scribed thereunder shall be ground for forfeiture of the grant in an
appropriate judicial proceeding instituted by the United States in any
United States district court having jurisdiction under the provisions
of section 4 (b) of this Act.
[p. 4]
SEC. 6. MAINTENANCE OF LEASES ON OUTER CONTINENTAL SHELF.—
(a) The provisions of this section shall apply to any mineral lease
covering submerged lands of the outer Continental Shelf issued by
any State (including any extension, renewal, or replacement thereof
heretofore granted pursuant to such lease or under the laws of such
State) if—
(1) such lease, or a true copy thereof, is filed with the Secre-
tary by the lessee or his duly authorized agent within ninety
days from the effective date of this Act, or within such further
period or periods as provided in section 7 hereof or as may be
fixed from time to time by the Secretary;
(2) such lease was issued prior to December 21, 1948, and
would have been on June 5, 1950, in force and effect in accord-
ance with its terms and provisions and the law of the State is-
suing it had the State had authority to issue such lease;
(3) there is filed with the Secretary, within the period or
periods specified in paragraph (1) of this subsection, (A) a
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2440 LEGAL COMPILATION—WATER
certificate issued by the State official or agency having jurisdic-
tion over such lease stating that it would have been in force and
effect as required by the provisions of paragraph (2) of this sub-
section, or (B) in the absence of such certificate, evidence in the
form of affidavits, receipts, canceled checks, or other documents
that may be required by the Secretary, sufficient to prove that
such lease would have been so in force and effect;
(4) except as otherwise provided in section 7 hereof, all rents,
royalties, and other sums payable under such lease between June
5, 1950, and the effective date of this Act, which have not been
paid in accordance with the provisions thereof, or to the Secre-
tary or to the Secretary of the Navy, are paid to the Secre-
tary within the period or periods specified in paragraph (1) of
this subsection, and all rents, royalties, and other sums payable
under such lease after the effective date of this Act, are paid to
the Secretary, who shall deposit such payments in the Treasury
in accordance with section 9 of this Act;
(5) the holder of such lease certifies that such lease shall con-
tinue to be subject to the overriding royalty obligations existing
on the effective date of this Act;
(6) such lease urns not obtained by fraud or misrepresentation;
(7) such lease, if issued on or after June 23, 1947, was issued
upon the basis of competitive bidding;
(8) such lease provides for a royalty to the lessor on oil and
gas of not less than 12l/2 per centum and on sulphur of not less
than 5 per centum in amount or value of the production saved,
removed, or sold from the lease, or, in any case in which the lease
provides for a lesser royalty, the holder thereof consents in writ-
ing, filed with the Secretary, to the increase of the royalty to the
minimum herein specified;
(9) the holder thereof pays to the Secretary within the period
or periods specified in paragraph (1) of this subsection an
amount equivalent to any severance, gross production, or oc-
cupation taxes imposed by the State issuing the lease on the pro-
duction from the lease, less the State's royalty interest in such
production, between June 5, 1950, and the effective date of this
Act and not heretofore paid to the State, and thereafter pays to
the Secretary as an additional royalty on the production from the
[p. 5]
lease, less the United States' royalty interest in such production,
a sum of money equal to the amount of the severance, gross pro-
duction, or occupation taxes which would have been payable on
such production to the State issuing the lease under its laws as
they existed on the effective date of this Act;
-------
STATUTES AND LEGISLATIVE HISTORY 2441
(10) such lease will terminate within a period of not more than
five years from the effective date of this Act in the absence of
production or operations for drilling, or, in any case in which the
lease provides for a longer period, the holder thereof consents in
writing, filed with the Secretary, to the reduction of such period
so that it will not exceed the maximum period herein specified;
and
(11) the holder of such lease furnishes such surety bond, if
any, as the Secretary may require and complies with such other
reasonable requirements as the Secretary may deem necessary
to protect the interests of the United States.
(b) Any person holding a mineral lease, which as determined by
the Secretary meets the requirements of subsection (a) of this sec-
tion, may continue to maintain suck lease, and may conduct opera-
tions thereunder, in accordance with (1) its provisions as to the area,
the minerals covered, rentals and, subject to the provisions of para-
graphs (8), (9) and (10) of subsection (a) of this section, as to
royalties and as to the term thereof and of any extensions, renewals,
or replacements authorized therein or heretofore authorized by the
laws of the State issuing such lease, or, if oil or gas was not being
produced in paying quantities from such lease on or before December
11, 1950, or if production in paying quantities has ceased since June
5,1950, or if the primary term of such lease has expired since Decem-
ber 11, 1950, then for a term from the effective date hereof equal to
the term remaining unexpired on December 11, 1950, under the pro-
visions of such lease or any extensions, renewals, or replacements
authorized therein, or heretofore authorized by the laws of such State,
and (2) such regulations as the Secretary may under section 5 of
this Act prescribe within ninety days after making his determination
that such lease meets the requirements of subsection (a) of this sec-
tion: Provided, however, That any rights to sulphur under any lease
maintained under the provisions of this subsection shall not extend
beyond the primary term of such lease or any extension thereof under
the provisions of such subsection (b) unless sulphur is being pro-
duced in paying quantities or drilling, well reworking, plant con-
struction, or other operations for the production of sulphur, as
approved by the Secretary, are being conducted on the area covered
by such lease on the date of expiration of such primary term or ex-
tension: Provided further, That if sulphur is being produced in paying
quantities on such date, then such rights shall continue to be main-
tained in accordance with such lease and the provisions of this Act:
Provided further, That, if the primary term of a lease being main-
tained under subsection (b) hereof has expired prior to the effective
date of this Act and oil or gas is being produced in paying quantities
-------
2442 LEGAL COMPILATION—WATER
on such date, then such rights to sulphur as the lessee may have under
such lease shall continue for twenty-four months from the effective
date of this Act and as long thereafter as sulphur is produced in
paying quantities, or drilling, well working, plant construction, or
other operations for the production of sulphur, as approved by the
Secretary, are being conducted on the area covered by the lease.
[p. 6]
(c) The permission granted in subsection (b) of this section shall
not be construed to be a waiver of such claims, if any, as the United
States may have against the lessor or the lessee or any other person
respecting sums payable or paid for or under the lease, or respecting
activities conducted under the lease, prior to the effective date of this
Act.
(d) Any person complaining of a negative determination by the
Secretary of the Interior under this section may have such determina-
tion reviewed by the United States District Court for the District of
Columbia by filing a petition for review within sixty days after
receiving notice of such action by the Secretary.
(e) In the event any lease maintained under this section covers
lands beneath navigable waters, as that term is used in the Sub-
merged Lands Act, as well as lands of the outer Continental Shelf,
the provisions of this section shall apply to such lease only insofar as
it covers lands of the outer Continental Shelf.
SEC. 7. CONTROVERSY OVER JURISDICTION.—In the event of a con-
troversy between the United States and a State as to whether or not
lands are subject to the provisions of this Act, the Secretary is author-
ized, notwithstanding the provisions of subsections (a) and (b) of
section 6 of this Act, and with the concurrence of the Attorney Gen-
eral of the United States, to negotiate and enter into agreements with
the State, its political subdivision or grantee or a lessee thereof, re-
specting operations under existing mineral leases and payment and
impounding of rents, royalties, and other sums payable thereunder, or
with the State, its political subdivision or grantee, respecting the issu-
ance or nonissuance of new mineral leases pending the settlement or
adjudication of the controversy. The authorization contained in the
preceding sentence of this section shall not be construed to be a limi-
tation upon the authority conferred on the Secretary in other sections
of this Act. Payments made pursuant to such agreement, or pursuant
to any stipulation between the United States and a State, shall be con-
sidered as compliance with section 6 (a) (4) hereof. Upon the ter-
mination of such agreement or stipulation by reason of the final
settlement or adjudication of such controversy, if the lands subject to
any mineral lease are determined to be in whole or in part lands
-------
STATUTES AND LEGISLATIVE HISTORY 2443
subject to the provisions of this Act, the lessee, if he has not already
done so, shall comply with the requirements of section 6 (a), and there-
upon the provisions of section 6 (b) shall govern such lease. The notice
concerning "Oil and Gas Operations in the Submerged Coastal Lands
of the Gulf of Mexico" issued by the Secretary on December 11, 1950
(15 F.R. 8835), as amended by the notice dated January 26, 1951 (16
F.R. 953), and as supplemented by the notices dated February 2,1951
(16 F.R. 1203), March 5, 1951 (16 F.R. 2195), April 23, 1951 (16 F.R.
3623), June 25, 1951 (16 F.R. 6404), August 22, 1951 (16 F.R. 8720),
October 24, 1951 (16 F.R. 10998), December 21, 1951 (17 F.R. 43),
March 25, 1952 (17 F.R. 2821), June 26, 1952 (17 F.R. 5833), and
December 24, 1952 (18 F.R. 48), respectively, is hereby approved and
confirmed.
SEC. 8. LEASING OF OUTER CONTINENTAL SHELF.— (a) In order to
meet the urgent need for further exploration and development of the
oil and gas deposits of the submerged lands of the outer Continental
Shelf, the Secretary is authorized to grant to the highest responsible
qualified bidder by competitive bidding under regulations promul-
gated in advance, oil and gas leases on submerged lands of the outer
Continental Shelf which are not covered by leases meeting the
[p. 7]
requirements of subsection (a) of section 6 of this Act. The bidding
shall be (1) by sealed bids, and (2) at the discretion of the Secretary,
on the basis of a cash bonus with a royalty fixed by the Secretary at
not less than 12Vz per centum in amount or value of the production
saved, removed or sold, or on the basis of royalty, but at not less than
the per centum above mentioned, with a cash bonus fixed by the
Secretary.
(b) An oil and gas lease issued by the Secretary pursuant to this
section shall (1) cover a compact area not exceeding five thousand
seven hundred and sixty acres, as the Secretary may determine, (2)
be for a period of five years and as long thereafter as oil or gas may
be produced from the area in paying quantities, or drilling or well
reworking operations as approved by the Secretary are conducted
thereon, (3) require the payment of a royalty of not less than 12V2
per centum, in the amount or value of the production saved, removed,
or sold from the lease, and (4) contain such rental provisions and
such other terms and provisions as the Secretary may prescribe at
the time of offering the area for lease.
(c) In order to meet the urgent need for further exploration and
development of the sulphur deposits in the submerged lands of the
outer Continental Shelf, the Secretary is authorized to grant to the
qualified persons offering the highest cash bonuses on a basis of
-------
2444 LEGAL COMPILATION—WATER
competitive bidding sulphur leases on submerged lands of the outer
Continental Shelf, which are not covered by leases which include
sulphur and meet the requirements of subsection (a) of section 6 of
this Act, and which sulphur leases shall be offered for bid by sealed
bids and granted on separate leases from oil and gas leases, and for
a separate consideration, and without priority or preference accorded
to oil and gas lessees on the same area.
(d) A sulphur lease issued by the Secretary pursuant to this sec-
tion shall (1) cover an area of such size and dimensions as the Secre-
tary may determine, (2) be for a period of not more than ten years
and so long thereafter as sulphur may be produced from the area in
paying quantities or drilling, well reworking, plant construction, or
other operations for the production of sulphur, as approved by the
Secretary, are conducted thereon, (3) require the payment to the
United States of such, royalty as may be specified in the lease but not
less than 5 per centum of the gross production or value of the sulphur
at the wellhead, and (4) contain such rental provisions and such
other terms and provisions as the Secretary may by regulation
prescribe at the time of offering the area for lease.
(e) The Secretary is authorized to grant to the qualified persons
offering the highest cash bonuses on a basis of competitive bidding
leases of any mineral other than oil, gas, and sulphur in any area of
the, outer Continental Shelf not then under lease for such mineral
upon such royalty, rental, and other terms and conditions as the
Secretary may prescribe at the time of offering the area for lease.
(f) Notice of sale of leases, and the terms of bidding, authorized by
this section shall be published at least thirty days before the date of
sale in accordance with rules and regulations promulgated by the
Secretary.
(g) All-moneys paid to the Secretary for or under leases granted
pursuant to this section shall be deposited in the Treasury in
accordance with section 9 of tfiis Act.
(h) The issuance of any lease by the Secretary pursuant to this
Act, or the making of any interim arrangements by the Secretary
pursuant to section 7 of this Act shall not prejudice the ultimate
settlement or adjudication of the question as to whether or not the
area involved is in the outer Continental Shelf.
[p. 8]
(i) The Secretary may cancel any lease obtained by fraud or
misrepresentation.
(j) Any person complaining of a cancellation of a lease by the
Secretary may have the Secretary's action reviewed in the United
States District Court for the District of Columbia by filing a petition
for review within sixty days after the Secretary takes such action.
-------
STATUTES AND LEGISLATIVE HISTORY 2445
SEC. 9. DISPOSITION OF REVENUES.—All rentals, royalties, and other
sums paid to the Secretary or the Secretary of the Navy under any
lease on the outer Continental Shelf for the period from June 5, 1950,
to date, and thereafter shall be deposited in the Treasury of the
United States and credited to miscellaneous receipts.
SEC. 10. REFUNDS.— (a) Subject to the provisions of subsection (b)
hereof, when it appears to the satisfaction of the Secretary that any
person has made a payment to the United States in connection with
any lease under this Act in excess of the amount he was lawfully
required to pay, such excess shall be repaid without interest to such
person or his legal representative, if a request for repayment of such
excess is filed with the Secretary within two years after the making
of the payment, or within ninety days after the effective date of this
Act. The Secretary shall certify the amounts of all such repayments
to the Secretary of the Treasury, who is authorized and directed to
make such repayments out of any moneys in the special account es-
tablished under section 9 of this Act and to issue his warrant in
settlement thereof.
(b) No refund of or credit for such excess payment shall be made
until after the expiration of thirty days from the date upon which a
report giving the name of the person to whom the refund or credit
is to be made, the amount of such refund or credit, and a summary
of the facts upon which the determination of the Secretary was made
is submitted to the President of the Senate and the Speaker of the
House of Representatives for transmittal to the appropriate legisla-
tive committee of each body, respectively: Provided, That if the Con-
gress shall not be in session on the date of such submission or shall
adjourn prior to the expiration of thirty days from the date of such
submission, then such payment or credit shall not be made until
thirty days after the opening day of the next succeeding session of
Congress.
SEC. 11. GEOLOGICAL AND GEOPHYSICAL EXPLORATIONS.—Any agency
of the United States and any person authorized by the Secretary may
conduct geological and geophysical explorations in the outer Con-
tinental Shelf, which do not interfere with or endanger actual opera-
tions under any lease maintained or granted pursuant to this Act, and
which are not unduly harmful to aquatic life in such area.
SEC. 12. RESERVATIONS.— (a) The President of the United States
may, from time to time, withdraw from disposition any of the unleased
lands of the outer Continental Shelf.
(b) In time of war, or when the President shall so prescribe, the
United States shall have the right of first refusal to purchase at the
market price all or any portion of any mineral produced from the
outer Continental Shelf.
-------
2446 LEGAL COMPILATION—WATER
(c) All leases issued under this Act, and leases, the maintenance
and operation oj which are authorized under this Act, shall contain
or be construed to contain a provision whereby authority is vested
in the Secretary, upon a recommendation of the Secretary of Defense,
during a state of war or national emergency declared by the Congress
or the President of the United States after the effective date of this
[p. 9]
Act, to suspend operations under any lease; and all such leases shall
contain or be construed to contain provisions for the payment of just
compensation to the lessee whose operations are thus suspended.
(d) The United States reserves and retains the right to designate
by and through the Secretary of Defense, with the approval of the
President, as areas restricted from exploration and operation that
part of the outer Continental Shelf needed for national defense; and
so long as such designation remains in effect no exploration or opera-
tions may be conducted on any part of the surface of such area except
with the concurrence oj the Secretary of Defense; and if operations
or production under any lease theretofore issued on lands within any
such restricted area shall be suspended, any payment of rentals, mini-
mum royalty, and royalty prescribed by such lease likewise shall be
suspended during such period of suspension of operation and produc-
tion, and the term of such lease shall be extended by adding thereto
any such suspension period, and the United States shall be liable to
the lessee for such compensation as is required to be paid under the
Constitution of the United States.
(e) All uranium, thorium, and all other materials determined pur-
suant to paragraph (1) of subsection (b) of section 5 of the Atomic
Energy Act of 1946, as amended, to be peculiarly essential to the
production of fissionable material, contained, in whatever concentra-
tion, in deposits in the subsoil or seabed of the outer Continental
Shelf are hereby reserved for the use of the United States.
(f) The United States reserves and retains the ownership of and
the right to extract all helium, under such rules and regulations as
shall be prescribed by the Secretary, contained in gas produced from
any portion of the outer Continental Shelf which may be subject to
any lease maintained or granted pursuant to this Act, but the helium
shall be extracted from such gas so as to cause no substantial delay
in the delivery of gas produced to the purchaser of such gas.
SEC. 13. NAVAL PETROLEUM RESERVE, EXECUTIVE ORDER REPEALED.—
Executive Order Numbered 10426, dated January 16, 1953, entitled
"Setting Aside Submerged Lands of the Continental Shelf as a Naval
Petroleum Reserve", is hereby revoked.
SEC. 14. PRIOR CLAIMS NOT AFFECTED.—Nothing herein contained
shall affect such rights, if any, as may have been acquired under any
-------
STATUTES AND LEGISLATIVE HISTORY 2447
law of the United States by any person in lands subject to this Act
and such rights, if any, shall be governed by the law in effect at the
time they may have been acquired: Provided, however, That nothing
herein contained is intended or shall be construed as a finding, inter-
pretation, or construction by the Congress that the law under which
such rights may be claimed in fact applies to the lands subject to this
Act or authorizes or compels the granting of such rights in such lands,
and that the determination of the applicability or effect of such law
shall be unaffected by anything herein contained.
SEC. 15. REPORT BY SECRETARY.—As soon as practicable after the end
of each fiscal year, the Secretary shall submit to the President of the
Senate and the Speaker of the House of Representatives a report
detailing the amounts of all moneys received and expended in con-
nection with the administration of this Act during the preceding fiscal
year.
SEC. 16. APPROPRIATIONS.—There is hereby authorized to be appro-
priated such sums as may be necessary to carry out the provisions of
this Act.
[p. 10]
SEC. 17. SEPARABILITY.—If any provision of this Act, or any section,
subsection, sentence, clause, phrase or individual word, or the appli-
cation thereof to any person or circumstance is held invalid, the
validity of the remainder of the Act and of the application of any such
provision, section, subsection, sentence, clause, phrase or individual
word to other persons and circumstances shall not be affected thereby.
And the Senate agree to the same.
That the House recede from its disagreement to the amendment of
the Senate to the title of the bill, and agree to the same.
Louis E. GRAHAM,
RUTH THOMPSON,
PATRICK J. HILLINGS,
EDGAR A. JONAS,
EMANUEL CELLER (accepts
as to section 9, Hill amendment),
FRANCIS E. WALTER,
J. FRANK WILSON,
Managers on the Part of the House.
HUGH BUTLER,
EUGENE D. MILLIKIN,
GUY CORDON,
CLINTON P. ANDERSON (except
as to deletion of Hill amendment),
Managers on the Part of the Senate.
[p. HI
-------
2448 LEGAL COMPILATION—WATER
STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE
The managers on the part of the House at the conference on the
disagreeing votes of the two Houses on the amendments of the Senate
to the bill (H.R. 5134) to amend the Submerged Lands Act, submit
the following statement in explanation of the effect of the action
agreed upon by the conferees and recommended in the accompanying
conference report:
In the matter inserted in the conference report, the jurisdiction and
control of the United States is extended to the seabed and subsoil of
the entire outer Continental Shelf adjacent to the shores of the United
States instead of merely to the natural resources of the subsoil and
seabed as in the original House version and also to the structures for
their development such as artificial islands, drilling platforms, etc.
To the extent that the laws of adjacent States are not inconsistent
with this act and other Federal laws and regulations, the laws of
adjacent States are adopted as the laws of the United States for those
particular areas. As provided in the original House bill, State taxa-
tion laws are specifically banned. These State laws are adopted as
Federal law for the area of the shelf that would be in the boundaries
of the State if such boundaries were extended seaward to the outer
margin of the outer shelf. Provision is made for the jurisdiction in
the United States district court for cases and controversies arising
on the outer Continental Shelf and certain Federal laws are made
applicable to the area such as the Longshoremen's and Harbor
Workers' Act. Enforcement of the regulations with regard to lights,
warning devices, etc., is placed upon the Coast Guard.
The Secretary of the Interior is charged with administering the
provisions of the act relating to the leasing of the outer Continental
Shelf and in this regard is authorized to cooperate with the conserva-
tion agencies of adjacent States. The control of the Secretary over
the drilling and production practices is specifically spelled out. The
Secretary is authorized to grant rights-of-way for pipelines and the
Federal Power Commission in the case of gas and the Interstate
Commerce Commission in the case of oil are authorized to determine
the conditions of such transportation. Section 6 of the new matter
deals with the validation by the Federal Government of State-issued
leases. Some 11 or more specific standards are set up which each
such lease must meet before it is validated. These are all similar
to the ones proposed in the original House version. In the case of
sulfur leases, the royalty is fixed at not less than 5 percent.
Where there is a dispute between State and Federal Governments
over whether a given area is within or without State boundaries, the
Secretary is authorized, with the approval of the Attorney General,
to enter into agreements to permit the continued development in the
-------
STATUTES AND LEGISLATIVE HISTORY 2449
disputed area until ultimate determination is made.
The Secretary of Interior is authorized to issue Federal mineral
leases on the unleased submerged lands of the outer Continental Shelf.
Conditions and standards for such leasing are specified for oil and gas
and for sulfur. The conditions and standards set up in the inserted
[p. 12]
matter are similar to those in the original House version. In a sulfur
lease, the Secretary, among other conditions, shall require the pay-
ment of such royalty as may be specified in the lease but not less than
5 percent of the gross production or value of the sulfur at the well-
head. Provision is made in the inserted matter that all rents, royal-
ties, and other sums paid to the Secretaries of the Interior and of the
Navy since June 5, 1950, to date and thereafter shall be deposited in
the Treasury of the United States and credited to miscellaneous re-
ceipts. This is in substance exactly the same provision as was in the
original House version. Specific provisions are made for refunds
similar to those contained in the original House bill, as is the case with
regard also to geological and geophysical explorations.
The President is authorized to withdraw from disposition under
the act any of the unleased areas. These provisions are also similar
to those in the House bill. A specific provision is contained in the
inserted matter which reserves materials essential to the production
of atomic energy.
The naval petroleum Executive order is repealed.
A "savings clause" has been inserted to protect any rights in an
area that may have been acquired prior to the effective date of the act.
Provision is made for the Secretary of the Interior to submit to the
Senate and the House of Representatives a detailed report of all
moneys received and expended in connection with the administration
of this act during each fiscal year. The usual language for appropria-
tion authorization and for separability provision is also contained.
Title is also changed since the new insertion no longer amends the
Submerged Lands Act, but is a separate act in itself.
Louis E. GRAHAM,
RUTH THOMPSON,
PATRICK J. HILLINGS,
EDGAR A. JONAS,
EMANUEL CELLER (accepts
as to section 9, Hill amend-
ment) ,
FRANCIS E. WALTER,
J. FRANK WILSON,
Managers on the Part of the House.
[p. 13]
-------
2450
LEGAL COMPILATION—WATER
1.14a(4) CONGRESSIONAL RECORD, VOL. 99 (1953)
1.14a(4)(a) May 13: Amended and passed House, pp. 4881-4895
Mr. REED of Illinois. Mr. Speaker, I
move that the House resolve itself into
the Committee of the Whole House on
the State of the Union for the considera-
tion of the bill (H.R. 5134) to amend the
Submerged Lands Act.
The SPEAKER. The question is on
the motion offered by the gentleman
from Illinois.
The motion was agreed to.
Accordingly the House resolved itself
into the Committee of the Whole House
on the State of the Union for the consid-
eration of the bill H.R. 5134, with Mr.
DONDERO in the chair.
The Clerk read the title of the bill.
By unanimous consent, the first read-
ing of the bill was dispensed with.
Mr. REED of Illinois. Mr. Chairman,
I yield 10 minutes to the gentleman from
Pennsylvania [Mr. GRAHAM].
Mr. GRAHAM. Mr. Chairman, at the
outset of my remarks, I would like to
give a brief review of my part in this
legislation over the last 8 years. My
attention was first called to it by the
attorney general of the State of Penn-
sylvania and the Governor of Pennsyl-
vania writing to me in the year 1945 and
asking me as a member of the Commit-
tee on the Judiciary to pay particular
attention to the legislation which had
been proposed. As I recall it, at that
time 47 governors of States petitioned
together with 44 attorneys general in
the matter. Hardly any measure could
have received more unanimous support
than that, if I am correct in my recollec-
tion of the figures. Forty-seven gover-
nors of the great sovereign States of this
Union joined in this matter along with
44 attorneys general. In the years that
intervened the matter has been brought
before us, and I, in my personal capacity,
have served as a conferee, I believe,
three times in conferences between the
House of Representatives and the other
body. The man, who in my judgment
deserves the greatest credit in this
matter, is the gentleman from Pennsyl-
vania, the Honorable FRANCIS WALTER,
a Member on the Democratic side. The
gentleman from Pennsylvania [Mr.
WALTER] introduced this bill, followed
it through, and has given it his close
personal attention throughout the years.
By the changes of political fortunes, I
now occupy the place that he held dur-
ing the years in which our Democratic
friends were in control. A year ago,
when we went to conference, the bill
contained three titles. The only differ-
ence between our third title today is
this—that then it provided for a 37%-
percent tax and also, I think, that the
State should have the severance tax.
We sat with Members of the other body,
if I am correct in my recollection, for 3
or 4 days trying to reach an adjustment
in the matter. When we failed, we re-
linquished our contention for the 37%
percent and other matters and returned.
If you will cudgel your minds by way
of refreshing your memory, you will re-
call the House passed this bill, but it was
not passed by the other body in the form
that we submitted it. So much, Mr.
Chairman, for the background of the
bill.
Now as for the present bill, you will
recall President Eisenhower made a
campaign pledge that he would seek to
see that the so-called tidelands, which is
a misnomer, it really should be called
the submerged oil lands, would release
oil to the separate States.' In fulfillment
of that promise, I was called to the White
House for a conference on this matter,
and it was decided I would introduce the
bill again. My original thought was to
introduce it in the form in which we had
it last year, that is, with two titles. Title
I, giving the definitions; and title II,
assuring to the States their rights and
powers, particularly the inland States,
having reference to the Great Lakes.
We began a series of hearings before the
Committee on the Judiciary. We called
-------
STATUTES AND LEGISLATIVE HISTORY
2451
before us the Attorney General of the
United States, Mr. Brownell. We called
before us Mr. McKay, the Secretary of
the Interior, and a representative of the
Navy Department. After those men, in
their several capacities, had testified,
they were in accord that the bill should
contain 3 titles, and asked me to with-
draw the original bill containing 2 titles,
and submit a third bill containing 3
titles. In conformity with their wishes,
we did that. The subcommittee re-
ported the bill to the full committee, and
after some discussion in the full com-
mittee it was reported favorably to the
House, We began debate on the 30th
day of March and continued throughout
that day and the succeeding day, March
31. We could have voted on that day,
but it so happened it was a Jewish holi-
day and a request was made that we
carry the vote over until the morning of
April 1. On that morning we voted by
a vote of 285 to 158, the bill containing
all three titles: Title I, title II, and title
III, and the bill was sent to the other
body. They began their debate on that
day. They finished that debate, so-
called, on the 7th day of May. In other
words, what we had done in this House
in 2% days required nearly 7 weeks for
[p.4881]
them to accomplish. What they did is a
matter of history.
As to the manner in which this is
brought here, the Senate returned the
bill, you might say disassociating title
III. We have before us titles I and II in
the bill.
Here again I want to digress for a mo-
ment and pay tribute to the leadership
of this House, both on the Republican
side and on the Democratic side. I am
frank to say to you that I have con-
sulted with the gentleman from Indiana
[Mr. HALLECK], our majority leader, and
I consulted with the gentleman from
Texas [Mr. RAYBTJRN], the minority
leader. I have great respect, outstand-
ing respect, for those two men. The
mere fact that they are on different sides
of the aisle means mothing to me. In
my judgment, they are two of the out-
standing Americans, and I pay tribute
and homage to them at all times.
When those two gentlemen heard this
story, they in turn got together in a con-
ference of minds—and I make no dis-
paraging reference to those who criticize
and ask why these things are done—
mine is to accept the responsibility given
me by the leadership, and I follow that
leadership. I followed the leadership of
the gentleman from Indiana [Mr. HAL-
LECK] and the gentleman from Texas
[Mr. RAYBURN] and brought this bill be-
fore the House.
There was some rapid work done.
There is no concealment about that.
There were certain interests which had
to be considered. I do not desire to dis-
close those private matters, but they who
proposed these had good and sufficient
reasons. There was no undue haste.
Their desire was that this be done de-
cently and in order and effectively, and
for once and all put behind us, and get
on to the other problems that confront
this Nation in the days that lie ahead.
We have spent too much time on it. We
have wasted too much time on it. Every
issue is distinctly understood. There is
not a man in this House or in the other
body or the great public press that does
not know the background of this.
We decided, as you know, the terri-
torial limits, the historic boundaries ex-
tending 3 miles out; and, due to the
foresight and great judgment of those
who created the Republic of Texas, they
took care of themselves to 10% miles. In
that connection, after we had taken care
of that we then decided in title 3 that the
Continental Shelf that extends out from
90 to 120 miles should become the prop-
erty of the Federal Government, and
that comprises 90 percent of all the area
in which oil can be drilled for. Ten per-
cent remains within the confines of the
original State historic boundaries.
You must realize that this outer Con-
tinental Shelf is the area where it is most
costly to drill, some of the wells costing
-------
2452
LEGAL COMPILATION—WATER
many millions of dollars. Regular little
colonies are built up around these wells
out to sea. The matter of police protec-
tion enters into it, and the whole thing
becomes a matter of vital importance.
Mr. Chairman, the problem is to dif-
ferentiate and divide between States
rights and the rights of the Federal Gov-
ernment, and to the best of our ability
we sought to do it. There has been no
chicanery, no trickery, no quick action
in this in the sense of putting anything
over on anybody. We have attempted
to deal justly and honestly with the
States and with the Federal Govern-
ment.
Now as to the outcome the gentleman
from Indiana [Mr. HAIXECK] has as-
sured you, and so has the gentleman
from Texas [Mr. RAYBURN]—I repeat
these honorable men have said they have
assurances—
The CHAIRMAN. The time of the
gentleman from Pennsylvania has ex-
pired.
Mr. REED of Illinois. Mr. Chairman,
I yield the gentleman 10 additional
minutes.
Mr. GRAHAM. What does this new
bill do in contrast with the old? And
I hope you will indulge me for a mo-
ment, because it is highly technical, and
I would like to read from our report.
The first thing that we say is that this
new bill is to amend the submerged
lands act in the area of the outer Con-
tinental Shelf, beyond the boundaries of
the shelf may be leased and developed
by the Federal Government. That puts
90 percent of that land under the control
and direction of the Federal Govern-
ment. I know it is a great hardship to
the States of Texas and Louisiana; they
will suffer terribly in the matter of their
taxation, but in the light of dealing with
all the 48 States of the Union, in the light
of dealing with Alaska, and if Hawaii
should come in as a State, of dealing
with Hawaii, we must take the whole
composite picture and deal with it as an
entirety and with the sovereignty of the
whole United States.
Mr. BROOKS of Louisiana. Mr.
Chairman, will the gentleman yield?
Mr. GRAHAM. I want to pay tribute
to that group—no, I do not yield to the
gentleman at all.
Mr. BROOKS of Louisiana. I with-
draw my request, Mr. Chairman.
Mr. GRAHAM. I refuse to yield; you
may get it on your own time—and I do
not know of a better illustration of an
attempted filibuster than what we see
here today.
Now, what is the next thing? Four
changes are made in certain sections of
the bill and here I would like to read
from the report:
Section 1 of the bill H.R. 5134, amends
section 2 of the Submerged Lands Act by
adding thereto four new paragraphs. Sub-
section (1) defines the term "outer Conti-
nental Shelf" as those submerged lands
which lie outside of seaward of lands be-
neath navigable waters as defined in section
2 of that act, and of which the subsoil and
natural resources appertain to the United
States. The term "Secretary" is denned as
the Secretary of the Interior. The term
"lease" is also denned, as is also the term
"Mineral Leasing Act."
The above terms are added to section 2
of the Submerged Lands Act since they refer
exclusively to the area in the outer Con-
tinental Shelf beyond State boundaries.
Section 2 of the bill further amends the
Submerged Lands Act by striking out there-
from sections 9, 10, and 11. Section 9 of the
Submerged Lands Act constitutes a legisla-
tive confirmation of jurisdiction over the
natural resources of the seabed and subsoil
of the Continental Shelf seaward of the orig-
inal State boundaries, which was asserted
in the Presidential proclamation of 1945. The
need for this section is obviated by the ad-
dition of title III which deals specifically
with the same area, particularly with regard
to the new matter set forth in section 9 (a)
of the bill, H.R. 5134. Section 10 of the
Submerged Lands Act is also made unneces-
sary by the new matter being added to the
act as specifically contained in section 19.
The provisions of section 11 which are
stricken from the Submerged Lands Act
by this bill are exactly the same as con-
tained in section 21 of H. R. 5134. In this
regard the bill merely transposes the
section from one title to another title and
is a clarifying amendment to that extent.
Title III relates solely to the outer
-------
STATUTES AND LEGISLATIVE HISTORY
2453
Continental Shelf outside of State
boundaries.
Section 9 (a) constitutes a legislative
confirmation of the jurisdiction of the
United States over the natural resources
of the subsoil and seabed of the outer
Continental Shelf outside State boun-
daries. It makes applicable to that area
Federal laws and authorizes the Secre-
tary of the Interior to administer the
provisions of this title and to adopt such
rules and regulations as are not incon-
sistent with Federal laws to apply there-
in.
Those are the changes from the orig-
inal title III which passed the House on
April 1 of this year. When the bill is
being read for amendment the gentle-
man from Pennsylvania [Mr. WALTER]
will offer an amendment that will take
care of several things that have devel-
oped in the interim. With that we feel
that we are passing now an act that
the whole public of the United States
may understand. They may now learn
who are the real friends of the State,
they will know who is seeking to protect
the interests of the United States and,
to inject a little politics into this, they
will realize that the President has com-
plied with his word when we pass this
bill, and if the other body will pass it,
and if we adopt the other rule, a great
campaign pledge will have been con-
firmed to the people of the United
States.
Mr. WILSON of Texas. Mr. Chair-
man, I yield 10 minutes to the gentle-
man from Louisiana [Mr. WILLIS].
Mr. WILLIS. Mr. Chairman, time will
not permit a discussion of all the pro-
visions of the bill now before us. I will
limit my remarks to section 9.
This bill was introduced yesterday.
Within a matter of minutes after its in-
troduction a special meeting of the Ju-
diciary Committee was called in the
Capitol and not in the regular quarters
of the committee. Only about two-
thirds of the members were able to at-
tend the meeting. The bill was not
referred to a subcommittee in usual
order of business, and of course no hear-
ings of any kind were conducted.
The language in section 9 definitely
was not contained in any bill previously
introduced in the House or in the Senate.
The language contained in this section
was never considered by any committee
of Congress. The language contained
in this section was never before recom-
mended by any committee of Congress.
This language was adopted on the floor
of the House recently when we consid-
ered the bill, H. R. 4198, and after ex-
actly 20 minutes of debate. When that
occurred I moved to strike out title III to
the end that we might study the matter,
[p. 4882]
but my motion did not prevail. I was
against the provisions of the section
then, and I am unalterably opposed to
them now.
Here is some of the new language ap-
pearing on page 3, line 1:
Federal laws now in effect or hereafter
adopted shall apply to the entire area of the
Continental Shelf.
Here we find one of the bugs under the
chip. This is a brand new approach to
the problem. I repeat that this approach
was never before contained in any bill
introduced in Congress. It was never
considered by any committee of Con-
gress.
Heretofore the bills provided that to
begin with, the laws and police power of
the States would apply, until such time
at least as Congress and committees of
Congress studied the question of the ade-
quacy and applicability of Federal laws
to the Continental Shelf. We proceeded
along that line because we realized that
Federal laws as presently written are
utterly inadequate to cover this field.
Of course, the succeeding paragraph
of the section goes on to say:
Except to the extent that they are incon-
sistent with applicable Federal laws now in
effect or hereafter enacted, or such regu-
lations as the Secretary may adopt, the laws
of each coastal State which so provides shall
be applicable—
And so forth. The quoted provision
-------
2454
LEGAL COMPILATION—WATER
is also a new approach. What is the
practical significance of this language?
First, the States probably would have
to call their legislatures into special ses-
sion to extend their laws to cover the
Continental Shelf.
Second, after going through this
trouble and expense, it could be argued
that the Secretary of the Interior could
whimsically by regulation modify or
nullify such State laws.
Are you, and especially those of you
who believe in States rights, willing to
give the Secretary of the Interior the
power to repeal your State laws?
We too frequently give a bureaucrat
the power to adopt regulations to carry
out the provisions of a law, but never be-
fore have we given him power to super-
sede a law. The unsoundness of this
whole approach is exceeded only by its
unconstitutionality.
It could be argued that you may as
well forget about the application of State
laws and police power. They apparently
do not intend them to apply anyway, be-
cause the first premise is that—
Federal laws now In effect or hereafter
adopted shall apply to the entire area of the
Continental Shelf.
The fundamental question before us is,
are Federal laws as presently written
adequate to cover the conduct of men
and the development of the mineral re-
sources underlying the subsoil of the
Continental Shelf? I submit that the
answer is no. Let me give you a few
illustrations.
There are no Federal conservation
laws on the books specifically applicable
to the Continental Shelf. Some Mem-
bers may contend that the Secretary of
the Interior might devise appropriate
regulations or might adopt applicable
State conservation laws. The answer is
that he might or might not, depending
on how he feels about it. The principle
of separation of powers is the bedrock of
our republican form of government. We
in this body represent the legislative
branch of the Government, and we
should never abdicate our functions with
our eyes wide open. I simply will not
vote to make a czar out of a bureaucrat.
Since human beings will be involved
in the operations on the Continental
Shelf, we must assume that crimes will
be committed, torts will occur, disputes
will arise between labor and manage-
ment, workmen will be injured, and con-
tracts will be made and will require
enforcement.
When a tort is committed because of
someone's negligence, in what forum will
redress be available? As lawyers we
know that every act whatever of man
that causes damage to another obliges
him by whose fault it happened to repair
it. Where and how would such a fault
occurring in operations on the Conti-
nental Shelf be repaired? I have heard
it rumored since yesterday that the Jones
Act might afford relief. I personally
dispute that idea, because the Jones Act
deals with seamen. Laborers on drill-
ing rigs or platforms in the sea are not
seamen or maritime workers.
When a workman is injured in the
course and scope of his employment, how
and in what court of the United States
can he expect compensation for his in-
juries? We certainly cannot look to
the Federal Employers' Liability Act,
because this statute applies only to em-
ployees of the United States. The la-
borers with whom we are concerned will
be on the payroll of private industry.
Nor can we find relief under the Long-
shoremens and Harbor Workers' Com-
pensation Act, because that law does not
seem to have anything to do with the
problem.
And what about the myriad situations
which will arise under contractual ar-
rangements? Suppose a contract which
involves less than $3,000 entered into
between citizens of the same State is
violated. How and where will it be en-
forced? Certainly the aggrieved party
could not file suit in the courts of the
United States, because there would be
no diversity of citizenship and the juris-
dictional amount of $3,000 would be
lacking.
-------
STATUTES AND LEGISLATIVE HISTORY
2455
No one can seriously deny that Fed-
eral courts have no general jurisdiction
over common-law crimes and misde-
meanors. The criminal jurisdiction of
the Federal courts is limited to crimes
defined by Federal law within a limited
area.
Nor can anyone pretend that the body
of maritime law, dealing, as it does, with
vessels and seamen, is sufficient and ade-
quate to cover the torts, crimes and
misdemeanors, disputes, labor and man-
agement arrangements, injuries to work-
men, contractual relationships, and
other situations which will inevitably
arise in connection with the geophysical
explorations and mineral development
of the submerged lands in the Continen-
tal Shelf outside of and beyond State
boundaries.
Mr. Chairman, it must be recognized
that this bill constitutes a radical de-
parture from legislation heretofore
adopted by this body and dealing spe-
cifically with the Continental Shelf.
Under the provisions of the Walter bill,
State laws and police power were made
to apply in the area of the Continental
Shelf. This feature seems to have been
effectively removed. Under the Walter
bill, the States received 3?y2 percent of
the returns. This provision has been
eliminated. Under the Walter bill, the
States were given taxing powers. These
powers are now completely denied to the
States. The simple fact is the political
and economic rights of the States have
been almost completely ignored. It can
be argued that the Federal Government
gets everything. The States get nothing,
period.
Mr. CELLER. Mr. Chairman, will the
gentleman yield?
Mr. WILLIS. I yield to the gentleman
from New York.
Mr. CELLER. Those questions the
gentleman has raised were propounded
to the Committee on the Judiciary yes-
terday, and there was no argument
whatsoever to it; is that correct?
Mr. WILLIS. Well, I did not get any
answer to the argument I am now
making.
As I have indicated, we lawyers know
that every act whatever of man that
causes damage to another obliges him
by whose fault it happened to repair it.
That is a substantial definition of a tort.
Now, if a tort occurs in that area, how
is it going to be repaired? Before what
court are you going to proceed? What
Federal law is there to cover the subject?
Mr. WALTER. Mr. Chairman, will
the gentleman yield?
Mr. WILLIS. I yield to the gentleman
from Pennsylvania.
Mr. WALTER. I would like to answer
the gentleman's question. I think it is
abundantly clear that it is our intention
that the laws of torts in the several
States shall be applicable in this terri-
tory. I am sure we have done that
through this language.
Mr. WILLIS. Will the gentleman read
the language?
Mr. WALTER. It reads, "The laws of
each coastal State which so provide shall
be applicable to that portion of the outer
Continental Shelf," and so on.
Mr. WILLIS. "The laws of each
coastal State which so provide." Up to
now the coastal States have not so pro-
vided.
Mr. WALTER. But the gentleman is
overlooking this fact, that what this
language does and the effect of this lan-
guage is to make applicable to this ter-
ritory beyond historical boundaries those
rules of law in the several States which
would be applicable if the boundaries of
the States extended on out beyond the
historical boundaries.
Mr. WILLIS. As the gentleman
knows, I have every respect for his
opinion, but I submit that I have read
that sentence very carefully. It states,
"The laws of the coastal States which so
provide." Louisiana has never provided
for an extraterritorial effect of its laws
to the Continental Shelf. Texas has not,
nor so far as I know has California or
any other State. So for the time being
the Federal laws are definitely going to
apply.
-------
2456
LEGAL COMPILATION—WATER
Mr. WILSON of Texas. Mr. Chair-
man, will the gentleman yield?
Mr. WILLIS. I yield.
[p. 4883]
Mr. WILSON of Texas. To clarify that
point, is it not a fact that at the present
time the Louisiana State line goes out 27
miles? In other words, in part of this
Continental Shelf area do not the State
laws now apply?
Mr. WILLIS. The gentleman, of
course, refers to the act of the Legisla-
ture of Louisiana extending our bounda-
ries out 27 miles. Assuming that act to
be valid, the point I make would still
remain, because the Continental Shelf
stretches out as far as 125 miles.
Mr. GRAHAM. Mr. Chairman, I yield
5 minutes to the distinguished gentle-
man from California [Mr. HILLINGS].
Mr. HILLINGS. Mr. Chairman, I rise
in support of the bill. I know it is going
to be approved by an overwhelming ma-
jority of the Members of this body. I
have no new matter I can add to the
long and extensive debates which have
taken place on this legislation. I feel
that the committee is thoroughly fa-
miliar with the basic facts involved.
I merely wish to comment with refer-
ence to my distinguished chairman of
the Judiciary subcommittee who has so
skillfully handled this legislation not
only this year but in previous years, and
who is the author of the bill now before
us, the gentleman from Pennsylvania
[Mr. GRAHAM]. It has been a distinct
pleasure to serve under his chairman-
ship on this important subcommittee. I
believe this committee and this body owe
him a great debt of gratitude for the at-
tention and devotion he has given to
what is an extremely important piece of
legislation. I also wish to commend the
gentleman from Pennsylvania [Mr.
WALTER] for his excellent contribution
to the preparation and passage of this
bill.
Mr. AUGUST H. ANDRESEN. Mr.
Chairman, will the gentleman yield?
Mr. HILLINGS. I yield to the gentle-
man from Minnesota.
Mr. AUGUST H. ANDRESEN. I have
become a little confused on this issue be-
cause of the statement made by the
gentleman from Louisiana. He is op-
posed to section 9. Does the gentleman
know if the opposition of the gentleman
from Louisiana [Mr. WILLIS] to section
9 will prevent him from supporting the
balance of the bill?
Mr. HILLINGS. It is my understand-
ing from debate previously that the
gentleman from Louisiana and his col-
leagues from that State will oppose the
bill, but I think it would be more proper
to direct the question to the gentleman
from Louisiana.
Mr. BROOKS of Louisiana. Mr.
Chairman, will the gentleman yield?
Mr. HILLINGS. I yield to the gentle-
man from Louisiana.
Mr. BROOKS of Louisiana. The gen-
tleman from Louisiana [Mr. WILLIS] just
stepped off the floor and will be back in
a moment, and I shall not attempt to
answer for him; but I can say that sec-
tion 9 is the heart of the whole bill.
When you take from the State the au-
thority to make any reference to the
taxation out there in the Continental
Shelf for the purpose of paying the cost
of the enforcement of the laws, you bring
in an entirely new doctrine which to my
mind is most unsavory. I just would not
support it and I do not intend to. I do
not know what may be the views of the
gentleman from Louisiana [Mr. WILLIS] .
Mr. GRAHAM. Has the gentleman
overlooked the case decided in the Su-
preme Court of Toom v. Witzel (334 U. S.
385) where concurrent jurisdiction is
recognized?
Mr. BROOKS of Louisiana. I have
not overlooked it. I do not intend to
argue the legality of the question, but I
do intend to argue the advisability from
a constitutional viewpoint of adopting
this approach to the handling of these
lands beyond the historic boundaries of
the States.
Mr. AUGUST H. ANDRESEN. As I
understand the distinguished gentleman
from Louisiana, unless this section is
-------
STATUTES AND LEGISLATIVE HISTORY
2457
changed, the gentleman then would op-
pose the entire bill?
Mr. BROOKS of Louisiana. Yes, I
will oppose the bill, I mean—the last bill
which was introduced yesterday at 1:30
p.m. and reported to the Committee on
Rules at 2 o'clock, and which has been
brought here today. I will oppose that
bill unless the provisions of section 9 are
changed or modified very greatly. That
is my intention.
Mr. AUGUST H. ANDRESEN. I am
just seeking information, of course.
Mr. BROOKS of Louisiana. I have
profound respect for the gentleman and
his ability as an agricultural leader, and
I have followed him on many occasions.
If the gentleman will accord me some
little modicum of ability with reference
to oil and gas matters, perhaps the gen-
tleman would be encouraged to follow
me in a case like this.
Mr. AUGUST H. ANDRESEN. I
might be willing, and I am seeking in-
formation. Since the State of Louisiana
is one of the beneficiaries, and rightfully
so of this act, I want to lift a little con-
fusion from my mind about the opposi-
tion.
Mr. BROOKS of Louisiana. I rather
think the State of Louisiana has more
at stake than any other State in the
Union with reference to the proper
handling of this property and the de-
termination of this matter. Naturally,
we are keenly sensitive as to how these
things are handled.
Mr. AUGUST H. ANDRESEN. Does
the gentleman intend to offer an amend-
ment as to section 9?
Mr. BROOKS of Louisiana. I cannot
go that far, but I can tell you this—that
I would welcome an amendment, if the
gentleman will offer amendments which
are contained in the Walter bill, and -I
will support him on it and speak in be-
half of them and vote with him on them.
Mr. AUGUST H. ANDRESEN. I am
very happy that the gentleman has sup-
ported me on so many agricultural ques-
tions, but I do not think I am in a
position to draft an amendment which
would satisfy the criticisms which have
been raised by you and your colleagues.
The CHAIRMAN. The time of the
gentleman from California [Mr. HILL-
INGS] has expired.
Mr. CELLER. Mr. Chairman, I yield
myself 10 minutes.
Mr. Chairman, I am going to vote
against this bill. I am going to vote
against the next bill, and for the follow-
ing reasons. I am not going to vote to
help pay the political debt of the Repub-
lican Party and President Eisenhower
to Governor Shivers of Texas. That is
the nub of my real opposition. What is
the situation now?
Mr. AUGUST H. ANDRESEN. Mr.
Chairman, will the gentleman yield?
Mr. CELLER. I yield
Mr. AUGUST H. ANDRESEN. This
issue was before the House prior to the
election of last year. Did the gentle-
man take the same position at that time?
Mr. CELLER. I certainly did take the
same position. My position is that the
Federal Government has dominion and
control over the offshore minerals.
There is no deviation whatsoever from
it. Let me please go on, and then I shall
be glad to yield. It would be the height
of naivete to think that the other body
is going to accept this bill, which we
undoubtedly will adopt today. The so-
called States' righters from California,
Texas, Louisiana, and other States will
not accept this bill which says that the
Federal Government shall have domin-
ion, imperium, possession, and the right
to lease all the lands seaward from the
traditional State borders. They will be
unalterably against this bill when it goes
to the other chamber. Then what will
you have? You will only have the adop-
tion of the so-called title 1 and title 2,
which is in the next bill which will be
adopted by this House, and since it was
adopted by the other body will become
the law of the land. You will only have
what? The States will have all the min-
erals offshore to the so-called traditional
State boundaries. What about title III?
The so-called States righters reason this
-------
2458
LEGAL COMPILATION—WATER
way: By this maneuver, by this rather
clever, rather skillful, and adroit ma-
neuver, they will get half a loaf, and
later on they will start a campaign all
over for title III. They will have the
lands seaward from lowwater mark out-
ward to State boundaries. Then the
wheels of propaganda will be started to
get the balance for the States, for exam-
ple, the Continental Shelf beyond the
State boundaries.
They get what they want. We are left
holding the bag. The Federal Govern-
ment has the cards stacked against it.
The Federal Government will be eu-
chred out of all interest. If the regular
procedure had been followed and the bill
had been referred to conference, this
whole matter could have been ironed
out. There could have been quid pro
quo, consideration for consideration, and
something could have been worked out.
We who fight to retain as lessor the shelf
for the Federal Government will have
no bargaining power whatsoever. In
whose fertile brain was this scheme
hatched? I would like to know that.
It has not been answered. This is very
unusual procedure. Members of the
Judiciary Committee were hastily sum-
moned, with practically no notice, and
asked to swallow this scheme, hook, line,
and sinker. Well, I am against it. In
principle I like this bill, but I am going
to vote to indicate my emphatic unmiti-
gated protest against the procedure that
is being adopted here this afternoon.
I know, just as well as day follows
night and night follows the day, that
when we pass the next bill—which will
[p.4884]
become the law of the land—this instant
bill will not become the law of the land.
Then the excitement will start all over
again in Texas and Louisiana and Cali-
fornia and elsewhere, to the end that the
States may be permitted to grab all this
black gold that may exist offshore, sea-
ward from the traditional State bound-
aries to the edge of the Shelf. And then
what? This is only the beginning.
This is the season for plunder. This
is the season for easy pickings. All the
public domain will be offered on the
auction block. All of our wildlife re-
serves, all of our national parks will be
put under the hammer. Efforts have
already been inaugurated to do that very
thing. Do you know, it has gone so far
that in my own State of New York a leg-
islator had the temerity to rise in his
place and say that Government-owned
West Point with its very valuable land
on the Hudson, the site and all Military
Academy buildings, should be sold to a
prep school for $20 million. I can cite
you other examples by enthusiastic, mis-
guided State legislators and others who
are seeking to sell, and as I said before,
place on the auction block a great deal
of our public domain and our public
lands. I repeat, this is but the first step
in transferring all of our entire nation-
ally owned resources to the States. This
is indeed the season for plunder. Our
parks, our forests, our minerals—are
these to follow in the wake of offshore
oil? Is the much abused shibboleth of
States rights to be utilized as a con-
venient device to take from the people
of the United States their complete na-
tural resources for private exploitation?
The sustained-yield capacity of the
national forests alone is 10 million board-
feet, according to the estimates of the
Forest Service. According to the recent
Paley Commission report:
A large portion of the mineral deposits
yet to be discovered In this country are lo-
cated in lands in the Western States still be-
longing to the Federal Government.
Bills have been introduced, Mr. Chair-
man, bills have been offered in the other
body, to the effect that the mineral de-
posits under the federally owned lands in
certain States belong to the States. In
Wyoming the Federal Treasury has re-
ceived out of the Federal-controlled
mineral-deposit lands about $135 million
in royalties. This has gone into the
United States Treasury. Now one of the
distinguished Senators from that State
says that all future money belongs to
-------
STATUTES AND LEGISLATIVE HISTORY
2459
Wyoming; or, rather, I would say that all
future royalties that come from that
submerged oil in the State of Wyoming
shall belong to the State of Wyoming.
And there is a mighty good reason be-
hind what the distinguished Senator
from Wyoming agitates for; for exam-
ple, we say here without the quiver of
an eyelash that the mineral deposits off-
shore, off the shores of California, Loui-
siana, and Texas belong to the States.
It is a stronger argument to say that the
deposits underneath the particular State
shall belong to that State. If we pass this
bill we open the door to a plethora of
other bills to the same effect. Do not
think I am talking a lot of "malarkey"
here. Just see what the opening gun in
this plunder campaign is: The opening
gun, for example, to weaken our Forest
Service; and that gun was fired by
Lawrence F. Lee, president of the United
States Chamber of Commerce in a speech
before the National Lumber Manufac-
turers' Association. He said the follow-
ing:
A study be made by Congress, by depart-
ments, oj the Federal real estate inventory
to the end that all property which, in the
public interest, is best adapted to private
ownership be offered for sale as soon as pos-
sible and thus placed on the tax rolls and in
the productive use of private enterprise."
There you have it. His plan is simple.
Congress, after completion of the study,
would prepare legislation to sell all of
Uncle Sam's real estate, except that not
adapted for private use.
As of the present time, the Federal
Government owns from 35 to 45 percent
of all lands in the States of Washington,
Montana, Colorado, and New Mexico; 45
to 55 percent of all land in California,
Oregon, and Wyoming; 65 to 75 percent
of the land in Idaho, Utah, and Arizona,
and 85 percent of all land in Nevada. Is
the present bill to constitute precedent
for the abdication of all Federal areas
and their rich resources? Is all to go
under the hammer?
This is not a mere figment of our
imagination. Already, I repeat, rumb-
lings can be heard. Proponents in the
Senate have already suggested that
along with submerged lands, other na-
tional areas belonging to the people be
given away. Only last year, the report
of the Paley Commission emphasized
the need for conservation of our vital
raw materials, our forests, and our min-
eral wealth. We do not believe that
these resourses presently owned and
controlled by the national Government
in trust for all of the people should be
disposed of purely for the purpose of
private exploitation. We feel that we
must express this view vigorously for we
do not feel that Members of this body
were elected to preside at the disolution
of the national domain.
Mr. HILLINGS. Mr. Chairman, will
the gentleman yield?
Mr. CELLER. I yield to the gentle-
man from California.
Mr. HILLINGS. Is it not true that
the argument the gentleman is advanc-
ing at this time does not actually apply
to this bill? This bill actually estab-
lishes Federal ownership and does not
do any of the things the gentleman is
talking about. This bill would confirm
and establish Federal ownership in the
area of the Continental Shelf beyond the
historical State boundaries.
Mr. CELLER. If the gentleman were
listening or harkening unto what I said
he would realize that I said this bill, and
the passage of this bill, is only a gesture,
as far as this House is concerned; it will
not receive the approval of the other
body; it cannot receive the approval of
the other body. I am not a Cassandra;
I do not read tea leaves, but I know that
2 and 2 make 4. I have read the debates
in the other body on the main bill. The
so-called States Righters themselves who
were for title 1 and title 2 are not going
to swallow title 3. We would be left
holding the bag; the Federal Govern-
ment would be euchred out of title 3;
and then, as I said, the campaign will
start all over again, and the agitation, the
ceaseless agitation in certain States to
have the States lay their hands upon
-------
2460
LEGAL COMPILATION—WATER
the offshore oil deposits seaward of the
traditional State boundaries would be-
gin all over again.
Mr. HILLINGS. I would like to ask
the gentleman one more question if he
will yield.
Mr. CELLER. Certainly, I yield.
Mr. HILLINGS. In his earlier re-
marks the gentleman stated that this
legislation was brought before this com-
mittee primarily because of campaign
pledges or promises made by the Presi-
dent. Is it not true that when the so-
called tidelands legislation passed this
body this year and in previous years a
majority, Democrats as well as a ma-
jority of Republicans, supported the bill?
Is it not true that in this instance the
majority leadership, as well as the mi-
nority leadership, is currently support-
ing this legislation?
Mr. CELLER. I think the gentleman
is a little bit disingenuous in that state-
ment. He will forgive me for saying
thai. I have been here long enough to
know that legislation just does not de-
velop as .the gentleman would wish to
have it develop. It is just a little bit of
wishful thinking on his part in that re-
gard. Certain minds came together here
and we have a situation such as this. I
say it is a very dangerous situation to
legislate this way. We should have gone
to conference on the general bill. The
minute you depart from the usual pro-
cedures you always have this'difficulty.
That is the gravamen of my complaint.
Mr. WILSON of Texas. Mr. Chair-
man, I yield 8 minutes to the gentleman
from Louisiana [Mr. BROOKS].
Mr. BROOKS of Louisiana. Mr.
Chairman, I want to take this time to
elaborate a little bit upon my answers to
some questions which were propounded
of me a while ago by a colleague in the
House of Representatives. The gentle-
man from Louisiana [Mr. WILLIS] spoke
in opposition to section 9 of this bill,
which I think is the heart of the bill. If
this section were modified in conformity
with the provisions of the Walter bill, if
it were modified in the direction of his
bill, it would be far more palatable to
the people of the State of Louisiana.
My objection is based on the back-
ground and the whole theory of this
operation. It is proposed in this bill that
was introduced yesterday afternoon at
1:30, adopted by the committee and a
rule obtained by 2 o'clock, then brought
up here today, that the Secretary shall
reimburse the abutting States in the
amount of the reasonable cost of admin-
istration of the laws. That means sim-
ply that the Secretary of the Interior
will call in a State and say: "Now, we
want your laws, we like them, we want
them enforced here in the area off the
coast of your State. What can you do
the job for?"
Then there will be a proposition of
bargaining back and forth. The State
will want the revenue from the contract
entered into to enforce the laws. They
will bargain and finally arrive at some
[p. 4885]
arrangement whereby under a bargain-
ing contract the State will be employed
as an agency of the United States to en-
force the laws in the offshore areas be-
yond State boundaries. Theoretically I
think that is bad. I am one who believes
in States rights, but I think the last
vestige of States rights is apt to be for-
gotten when we begin to bargain that
way with the sovereign States of our
Nation. The States are going to want to
get as much money as they can for the
enforcement of the laws and the Federal
Government is going to want to do it as
cheaply as possible. The States will be
employed as you would employ a gar-
dener, bricklayer, or painter to do this
job of enforcing the laws insofar as we
want them enforced.
Now that is a very serious thing be-
cause the laws to be enforced will most
probably be, first of all; the criminal
laws. In the State of Louisiana, for in-
stance, just a few miles out beyond the
historic boundary line, they will be
spending four or five million dollars to
drill a deep oil well, maybe 10,000 feet
-------
STATUTES AND LEGISLATIVE HISTORY
2461
down. There may be a criminal offense
committed out there, perhaps murder
or some other serious criminal offense.
Then the State will step in to enforce its
State laws against murder under the con-
tract which it has negotiated with the
Federal Government to handle that job.
The Federal Government does not like
the severity which the State govern-
ment exercises in the enforcement of the
laws and then at the end of the term of
the contract the Government may say,
"Well, we do not like the way in which
you are applying these laws, they are not
severe enough" or "they are too severe"
and then the Government will say, "We
will not employ you again on that job
and we will not give you the money you
are entitled to receive."
I think the theory behind the whole
thing is bad. I think it has a direct
tendency to undermine all vestige of
States rights in the coastal States.
In addition to that I would say this,
that our laws expressly provide in many
instances that they will have no extra-
territorial effect. We have a provision in
the code of the State of Louisiana that
laws do not have extraterritorial effect.
What arrangements are we going to
make, for instance, outside of a bargain-
ing contract, to school these children of
the workers who drill these wells off the
coast of the State of Louisiana? The
time may come when there might be as
many as 10,000 workers with 30,000 chil-
dren, or something of that sort, and we
will have to provide schooling facilities
for those people. The time may come
when we will have to provide special
laws covering torts, as my colleague has
already indicated, for those things that
are done in violation of a law beyond the
3-mile limit.
Of course, the conservation laws of the
State of Louisiana could, by contract, be
extended out 100 miles, or as far out as
the Continental Shelf goes, as well as the
fishing laws, and the laws covering com-
pensation, and the laws covering con-
tracts and all those things which now
have no extraterritorial effect. Perhaps
under the laws of the State of Louisiana
provision would have to be made by the
State Legislature to take care of that.
So, I say specifically I think the theory
is wrong. If you want to do the job, if
you want the States to enforce those
laws beyond the area owned by the State,
beyond the area over which they have
dominion, I think the way to do it is
by permitting some measure of taxation
rights, and perhaps a certain percentage
of the production of oil or gas or minerals
or fishing rights, or whatever it may be,
beyond the limits over land owned or
claimed by the United States. Unless
you do that, you go back to the funda-
mental threat of breaking down the sov-
ereignty of the State of Louisiana, and I
do not think that that is the best thing
for the future of the United States of
America. I am certain it is not going to
be the most satisfactory way to handle
the thing for a State like my own State,
the State of Louisiana.
Mr. FEIGHAN. Mr. Chairman, I yield
10 minutes to the gentleman from Penn-
sylvania [Mr. WALTER].
Mr. WALTER. Mr. Chairman, like the
distinguished majority leader, the gentle-
man from Indiana [Mr. HALLECK] I have
had enough of this legislation.
The question of procedure has been
raised on 2 or 3 occasions. The gentle-
man who just preceded me on 4 separate
occasions mentioned the fact that this
bill was introduced at 1:30 and at 2
o'clock the committee obtained a rule.
Without an explanation, that does not
sound like the usual procedure that we
use. However, it is important to remem-
ber that the bill under consideration was
thoroughly debated by this House. This
language is not new. The proposal is as
old as is the legislation. All the Com-
mittee on the Judiciary did on yesterday
was report a bill which is identical, with
but one exception, with the bill that has
passed the House. I will point out that
exception. During the course of the de-
bate on the rule, I said it was identical.
The one difference lies in this provision
on page 10, lines 18 and 19, with respect
-------
2462
LEGAL COMPILATION—WATER
to the severance tax. There is no such
thing in the Federal law. Where the
leases are transferred from the State to
the Federal Government, then the addi-
tional cost which would be represented
in the severance tax would be added to
the lease, so that the company engaged
in the development would not by virtue
of the transfer of leases get an advantage
over somebody who had bought origi-
nally. That is the only change in this
section 3, which is now incorporated in
H. R. 4156.
The distinguished gentleman from
Pennsylvania, than whom there is not a
better lawyer in our great State, and not
many better in this body, talked about
the President's debt. I am not concerned
with the debt of President Eisenhower,
our great Chief Executive, nor was I con-
cerned with the position taken by his
predecessor. When the attorneys gen-
eral of the United States, not 44, as was
stated by the gentleman from Penn-
sylvania [Mr. GRAHAM], but 47 of them,
reached a unanimous agreement with
respect to this proposition and it was
then referred to the Judiciary Commit-
tee, and as a matter of course referred to
the subcommittee of which at the mo-
ment I happen to be the chairman, I ex-
amined their position carefully. I was
not only deeply impressed by what they
said and by what they attempted to do,
but I was so impressed by the position
taken by Mr. Justice Frankfurter that
no amount of argument here or advanced
in the other chamber would change my
views.
They add up to just this one simple
proposition: How territory admittedly
the property of the State became the
property of the United States will al-
ways be a mystery to me. The United
States never had any title to the territory
under consideration in the bill that we
recently passed and on which we will
again be called to act in a few moments,
but we have never declared our sov-
ereignty in that land beyond the histori-
cal boundaries. All we are trying to do
here today is for all time to dispose of
this conflict. I do not contend that by
this declaration of sovereignty the
United States obtains title to the entire
Continental Shelf. But I do contend
that now at long last the people who are
interested in the development of the re-
sources lying beyond the historic boun-
daries know to whom they can turn in
order to obtain a binding agreement so
that the millions of dollars they invest
will be protected to some extent.
Mr. YATES. Mr. Chairman, will the
gentleman yield?
Mr. WALTER. I yield.
Mr. YATES. Is that true with respect
to land lying seaward 3 miles of the
Louisiana coastline?
Mr. WALTER. I am thoroughly con-
vinced that the State of Louisiana has
control over the historic boundaries be-
yond the 3 miles. I am not contending
about title. However, the Norwegian
fishing case, recently decided by the In-
ternational Court, perhaps decides that
question.
Mr. Chairman, we heard much about
the other body accepting this bill. Of
course, as our distinguished majority
leader said, we do not know what will be
done in the other Chamber. But, I call
your attention to the CONGRESSIONAL
RECORD of April 28 on page 4114. I am
certain I am not violating the rules of
the House by reading from that RECORD.
It is as follows:
Mr. TAFT. Mr. President, I merely wish to
say that so far as the Continental Shelf is
concerned, a bill is being prepared by the
committee. I am sure it will be here within
2 weeks; and I can assure Senators that the
whole subject will be dealt with compre-
hensively in that bill, and will have most
careful study.
Mr. Chairman, I for one am willing
to run the risk of assuming that the as-
surance extended to the Senators is also
extended to the Members of this body.
We heard much about the giveaway
legislation. Why do you know it would
be to the financial advantage of these oil
companies if the Federal Government
had control of all of this territory? That
is a fact.
-------
STATUTES AND LEGISLATIVE HISTOHY
2463
Mr. PEIGHAN. Mr. Chairman, will
the gentleman yield at this particular
point?
Mr. WALTER. I yield.
Mr. FEIGHAN. Now that you have
mentioned the word giveaway, I am sure
with your legal talent, you will agree
that if someone gives to another some-
thing that the Supreme Court says is
[p. 4886]
his and gives it without any considera-
tion whatsoever, it must be pretty much
of a gift, and a gift is a giveaway. I
mean that is the law of the land.
The Supreme Court said that the
States had no title to or interest in any
of these submerged lands seaward from
their low watermark
Mr. WALTER. Mr. Chairman, I de-
cline to yield further because I would
like to answer the gentleman's question.
Of course, the Supreme Court did not
pass on the question of title. It merely
said that the United States had a para-
mount interest. That is what the Su-
preme Court said and it left the entire
question up to the Congress. As a mat-
ter of fact in every announcement com-
ing from the highest Court of the land,
there was contained an open invitation
to the Congress of the United States to
dispose of this question. Now there is
no giveaway and there never has been
anything like a giveaway involved ex-
cept in the minds of those people who
are so committed to the philosophy of an
all powerful Federal Government that
they see in this an opportunity to carry
out those principles.
Mr. GRAHAM. Mr. Chairman, I have
no further requests for time.
Mr. FEIGHAN. Mr. Chairman, I yield
8 minutes to the gentleman from Texas
[Mr. WILSON].
Mr. GRAHAM. Mr. Chairman, I yield
5 minutes additional to the gentleman
from Texas.
Mr. WILSON of Texas. Mr. Chair-
man, at the outset I want to thank the
Republican leadership, the leadership of
this House, for its sincerity and its hon-
esty in carrying in its platform an hon-
est, straightforward plank that at least
a portion of these tidelands would be
returned to the States, and then getting
some action upon that promise.
Enough has been said about the tide-
lands bill to fill many volumes in the
CONGRESSIONAL RECORD or in the Congres-
sional Library. I do not know of any-
thing new that has been stated in the last
two times the bill has been on the floor
for debate. The same issues have been
rehashed, carried over, and the same cry
of "giveaway," "steal," and all that sort
of thing has been carried on, especially
in the other body by this talkathon and
by the filibuster that was carried on,
admittedly, but no new fact has been
brought forth to show that the States
have not owned this property at all
times; have claimed it adversely and
notoriously against all parties, including
the Federal Government; and their
rights were recognized repeatedly by the
Supreme Court. I do not think there is
anything to the claim that this bill was
jumped up suddenly without hearings,
because this very language stated by the
gentleman from Pennsylvania [Mr.
WALTER], former chairman of the sub-
committee, has been gone over and voted
out of the committee at least twice be-
fore since I have been a member of the
Judiciary Committee, and once before
that. This is simply title III of the orig-
inal Walter bill.
I have some objections to title III, and
it is no secret, because I offered some
amendments when the bill was before
the House recently. I offered an amend-
ment to put in the bill the right of the
States to reasonable taxing power. This
House turned that down flatly. There-
fore, I am not belaboring the issue, be-
cause we made an honest attempt, and
I believe that the contiguous States to
this territory, whose roads, schools, and
public service will be used by the people
who develop and exploit this territory,
whose roads will be wrecked and ruined,
should have some power of the right of
taxation. This bill does not contain it,
but I am not going to vote against the
-------
2464
LEGAL COMPILATION—WATER
bill because it does not contain it. I
think, in all fairness, proration and State
police powers should apply in that area,
because we all know the Federal prora-
tion laws, and a serious situation could
arise if these wells to be developed by
Federal leaseholders should ever pro-
duce oil contiguous to the State's terri-
tory as opposing the State and Federal
lands. But I say none of those things are
serious enough to make me vote against
this bill.
I think the only way we are going to
get any legislation on this subject is to
deal with both subjects and to get rid of
them now. Oh, I know my distinguished
former chairman says the demagogs
claim that the President is paying off the
Governor of Texas. That may go in New
York, but it certainly does not sound
very good in Texas. The President is
paying off nobody; and I will say to you
that if sincerity and honesty of purpose
mean anything I think the President is
going to make a great President, I think
he is keeping a campaign pledge. This
matter was voted on by the people last
year and this was one of the material
issues in my State, it so happened. We
just do not believe in folks stealing, es-
pecially the Federal Government.
But with all those objections—and I
think the bill could be improved by their
adoption—I am going to vote for the bill
because I think, frankly, if the other bill
had gone to conference it would only
have amounted to longer delay and an-
other filibuster in the Senate if 1 comma
or 1 period had been changed in this
body. No wonder they wanted a con-
'ference; no wonder they wanted to take
the bill back. They would have another
great circus over there, but we would
have no tidelands legislation.
Mr. BOGGS. Mr. Chairman, will the
gentleman yield?
Mr. WILSON of Texas. I yield.
Mr. BOGGS. The gentleman is now
talking about the Senate bill which we
will take up a little later. I wonder if
the gentleman will get back to the bill
before the Committee?
Mr. WILSON of Texas. I shall be glad
to.
Mr. BOGGS. The gentleman himself
is the author of a tidelands bill, is he
not?
Mr. WILSON of Texas. I am.
Mr. BOGGS. What does the gentle-
man's bill provide with regard to the
Continental Shelf?
Mr. WILSON of Texas. I just made
my position very clear when I said I be-
lieved the States should have taxing
power and police power. It is also pro-
vided that the States should receive ZTVz
percent royalty.
Mr. BOGGS. The gentleman's bill
contained that provision?
Mr. WILSON of Texas. Yes, it did.
Mr. BOGGS. Does this bill contain
that provision?
Mr. WILSON of Texas. It does not.
Mr. BOGGS. Yet, the gentleman in-
tends to vote for this bill?
Mr. WILSON of Texas. I do.
Mr. BOGGS. On what theory?
Mr. WILSON of Texas. When we had
the other bill before the House we tried
to put those amendments in and we were
defeated some 4 or 5 to 1; and I am tak-
ing this bill as a last resort and as the
best bill possible to get from this House
and the Congress as a whole. My posi-
tion is clear and I am not hesitating
about it at all.
Mr. BOGGS. The gentleman has now
acceded to the position of complete Fed-
eral domination.
Mr. WILSON of Texas. No; I have
not, because the bill that comes next on
this floor gives the States absolute
rights.
Mr. BOGGS. But I am talking about
the bill now before us.
Mr. WILSON of Texas. I refuse to
yield further. I know the gentleman
from. Louisiana has to justify his
position.
Mr. BOGGS. The gentleman from
Texas is justifying his position; he has
reversed himself.
Mr. WILSON of Texas. I understand;
I know something about that.
-------
STATUTES AND LEGISLATIVE HISTORY
2465
Mr. GRAHAM. Mr. Chairman, will
the gentleman yield?
Mr. WILSON of Texas. I yield.
Mr. GRAHAM. May I interpose at
this point and say that no man contended
more seriously and strenuously for his
position than did the gentleman from
Texas. The same may be said likewise
about the gentleman from Louisiana.
Both did everything within their power
to advance their interests and they were
defeated only because we had the greater
votes.
Mr. WILSON of Texas. I thank the
gentleman from Pennsylvania.
Of course, we can continue for
months and years talking about taxing
power and police power and what the
States would like to get out of the reve-
nue, but when we do we get away from
our theory—at least the Texas theory,
and that is that our claim—and the only
claim which we can really justify and
which we think without doubt we have,
our historical boundary of 10% miles.
Many of us, of course, have thought that
inasmuch as the States services would
be used we should have a reasonable
taxing power; and I still think and still
say that before too long unless an
amendment is adopted to this bill apply-
ing State proration laws and reasonable
police powers that this Congress will be
called upon to enact Federal laws to set
up a proration law and a law against
waste, and it will also be called upon to
pass a law providing criminal penalties
in cases involving crime. I think that
should have been done in this bill, and
I think it could have been done and
would have been done if certain amend-
ments had been adopted when this bill
was before the House some weeks ago.
As I say, these amendments were turned
down. I am supporting this bill because
[p. 4887]
I believe it is the only way we are going
to get legislation to end this subject for
all time.
Mr. GRAHAM. Mr. Chairman, I yield
3 minutes to the gentleman from Michi-
gan [Mr. MEADER].
Mr. MEADER. Mr. Chairman, I have
asked for this time only to call the atten-
tion of the members of the committee
to the very serious new problems being
raised by this legislation regarding civil
and criminal jurisdiction over structures
erected in the outer Continental Shelf
seaward from territorial waters. There
is no precedent which tells us what body
of law is applicable to structures in the
outer Continental Shelf.
The bill we are passing today, H.R.
5134, expressly declares the waters above
the Continental Shelf to be high seas,
international waters.
The closest analogy to the problem
of punishment for criminal offenses com-
mitted on structures on the high seas
is, of course, the punishment for offenses
on vessels on the high seas.
I wish to direct the attention of the
Members to the law relating to criminal
law jurisdiction on the Guano Islands.
These islands are not declared to be ter-
ritory of the United States but are said
to appertain to the United States. I
refer to title 48, United States Code, sec-
tion 1417. It reads as follows:
All acts done, and offenses or crimes com-
mitted on any island, rock, or key mentioned
in section 1411 of this title, by persons who
may land thereon, or in the waters adjacent
thereto, shall be deemed committed on the
high seas, on board a merchant ship or ves-
sel belonging to the United States; and shall
be punished according to the laws of the
United States relating to such ships or ves-
sels and offenses on the high seas, which laws
for the purpose aforesaid are extended over
such islands, rocks, and keys.
I also direct attention to title 18,
United States Code, section 451, para-
graph 4, of which also relates to the
Guano Islands. That section reads as
follows: ,
The crimes and offenses denned in sec-
tions 451-468 of this title shall be punished
as herein prescribed:
First. When committed upon the high seas,
or on any other waters within the admiralty
and maritime jurisdiction of the United
States and out of the jurisdiction of any
particular State, or when committed within
the admiralty and maritime jurisdiction of
the United States and out of the jurisdiction
-------
2466
LEGAL COMPILATION—WATER
of any particular State on board any vessel
belonging in whole or in part to the United
States or any citizen thereof, or to any cor-
poration created by or under the laws of the
United States, or of any State, Territory, or
district thereof.
Second. When committed upon any vessel
registered, licensed, or enrolled under the
laws of the United States, and being on a
voyage upon the waters of any of the Great
Lakes, namely: Lake Superior, Lake Mich-
igan, Lake Huron, Lake Saint Clair, Lake
Erie, Lake Ontario, or any of the waters
connecting any of said lakes, or upon the
River St. Lawrence where the same consti-
tutes the international boundary line.
Third. When committed within or on any
lands reserved or acquired for the use of
the United States, and under the exclusive
or concurrent Jurisdiction thereof, or any
place purchased or otherwise acquired by the
United States by consent of the legislation of
the State hi which the same shall be, for the
erection of a fort, magazine, arsenal, dock-
yard, or other needful building.
Fourth. On any island, rock, or key, con-
taining deposits of guano, which may, at the
discretion of the President, be considered as
appertaining to the United States.
Inserting language similar to title 48,
section 1417, in the bill before us might
solve the problem so far as criminal ju-
risdiction is concerned. However, we
still would not have dealt with the civil
law jurisdiction over these structures,
nor with the problem of what legislation
is applicable on these structures, such as
workmen's compensation laws, wage and
hour laws, and so forth. Actually the
waters above the Continental Shelf are
expressly recognized as international
waters, not a part of the territory of the
United States or of any State of the
United States. The field of law with
respect to structures in these interna-
tional waters is almost completely un-
charted. It deserved more concentrated
attention than it has been given by the
Judiciary Committee of the House.
I do not intend to offer an amendment
because the speed with which the Judi-
ciary Committee and the House are act-
ing on this bill did not allow sufficient
time for me to study the matter and pro-
pose language which in my opinion
would constitute a satisfactory solution
to this complex and difficult legal
problem.
For that reason I have merely called
attention to the existence of the problem
and have offered a suggested solution to
one phase of it in the hope that the
other body, or perhaps the conference
committee if there is a conference, will
deal with the subject adequately and
intelligently.
Mr. FEIGHAN. Mr. Chairman, I
yield myself 5 minutes.
Mr. Chairman, this bill as it stands
with reference to the territory to which
it extends I believe is an excellent bill, a
bill that is very much needed. My con-
tention is that Federal control should
begin at the low-water mark and ex-
tend seaward. There are in the Gulf of
Mexico beyond the Continental Shelf
outside of the historic or 3-mile bound-
ary of Texas and Louisiana oil-producing
wells and there are also other areas
which should be developed for our na-
tional defense and for our general
welfare.
In other areas beyond the three-mile
limit or historic boundary there are
leases under which operations had
started for drilling purposes but they
have had to be stopped or curtailed un-
der authorization of the Secretary of the
Interior. He is permitted under his in-
herent right, only to continue drillings
that had already started or to initiate
new drillings when it would be for the
protection of an adjoining area. The
Secretary of Interior cannot authorize
new and additional explorations unless
congressional authorization is given him.
Mr. Chairman, I opposed the rule on
this bill because I felt that this body
would be in a much better position if we
would reject the Senate amendments to
H.R. 4198 and send the bill to conference
where this body's conferees would then
be able to present to the conference com-
mittee the argument and the will of this
body and adopt in toto title in, in addi-
tion to title land title II. It is quite
obvious to me, in spite of glowing as-
surances, that the Members of the other
body will not readily accept this bill,
H.R. 5134 when we pass it. I am quite
-------
STATUTES AND LEGISLATIVE HISTORY
2467
confident that they will endeavor to ob-
tain for the coastal States a sizable pro-
portionate share of the royalties derived
from oil and any minerals that may be
obtained in submerged lands beyond the
3-mile limit or the historic State bound-
aries. My reason for thinking in that
direction, is that legislation has been
introduced in the other body which
would give the coastal States control
of the leasing, control of the conserva-
tion, authority to assess severance taxes,
and State police powers, and also de-
manding 37% percent royalty. I think
we in this House, out of an abundance of
caution, should refuse to accept the Sen-
ate amendments. We should send H.R.
4198 to conference so that we can really
make a fight to include in its entirety
title III along with title I and title II.
Mr. Chairman, I will not take this time
to answer any of the previous questions
that were brought up with reference to
the title of any of these submerged lands
inside the historic boundaries, or the
3-mile limit, which the Supreme Court
has decided belong to the Federal Gov-
ernment, as that is of no concern in this
particular bill, because this bill gives
lock, stock and barrel to the Federal
Government jurisdiction and control in
its own right to keep unto itself and
all of the royalties or resources that
might be taken from the submerged
lands beyond the 3-mile limit or historic
boundaries.
The CHAIRMAN. The time of the
gentleman from Ohio has expired.
Mr. GRAHAM. Mr. Chairman, I yield
3 minutes to the gentleman from Cali-
fornia [Mr. YORTY],
Mr. YORTY. Mr. Chairman, I cannot
understand how anyone can seriously
find fault with the action the committee
has taken in considering the areas in-
side of historic State boundaries and
such boundaries in two separate bills be-
cause actually I think we all recognize
that two different sets of principles are
involved in these areas. Inside the his-
toric boundary we are dealing with an
area that always belonged to the States
until the decision of the Supreme Court
cast doubt upon the title, but when you
go beyond the historic seaward bounda-
ries of the States you are dealing with
an area that is altogether different. It is
not only outside of the States, it is out-
side of the United States. We are deal-
ing with it only on the legal basis of a
proclamation of the President of the
United States claiming, not title to the
lands outside of the historic State and
national boundaries, but rather claiming
only the right to extract the resources of
the seabed and the subsoil and to the
edge of the Continental Shelf. Histori-
cally, legally, and in every way you are
dealing with an entirely different propo-
sition when you deal with the area
known as the Continental Shelf.
It is very difficult for me to understand
some of the opposition to this bill. It
gives everything to the Federal Govern-
ment. Some of the people who opposed
giving the States back that which has al-
[p. 4888]
ways been theirs are opposing this
bill although it gives everything be-
yond State boundaries to the Federal
Government.
The distinguished gentleman from
New York [Mr. CELLER] was arguing
here a few minutes ago that there is a
trend toward giving the States more and
the Federal Government less. Actually
this bill represents a trend in the other
direction. Bills previously passed here
gave the States 37.5 percent of the royal-
ties out in this area. This bill gives the
States nothing, so the trend of this bill
is toward greater Federal control of, and
all the revenue derived from, the area
involved, I should think the people who
favor Federal ownership of all sub-
merged lands would support this bill.
The CHAIRMAN. The time of the
gentleman from California has expired.
Mr. GRAHAM. Mr. Chairman, I yield
2 minutes to the gentleman from
California.
Mr. YORTY. So, I repeat, the trend
evidenced by this bill is toward taking
-------
2468
LEGAL COMPILATION—WATER
away from the States and not giving to
the States.
Actually, I find myself in the same
position as the gentleman from Texas
[Mr. WILSON]. I introduced a bill simi-
lar to his. It would have given the States
the right to do the leasing out in this
area, and it would have given them a
percentage of the royalties. I did that
because I thought it would be better to
have one administration for the entire
area. I felt that since basically, the fight
is not over administration of the area
but over the division of the proceeds
from it, so long as you gave the Federal
Government the major part of the pro-
ceeds, I could see no harm but, rather,
definite advantages from the standpoint
of recovery and efficiency in letting the
States administer the whole area, while
keeping a reasonable percentage of the
royalties as compensation for services
performed.
After debate in the House that provi-
sion was taken out. I think, as the
gentleman from Texas [Mr. WILSON]
pointed out, it became obvious that you
could "not again at this time get a bill
through the House with a provision giv-
ing the States 37.5 percent of the reve-
nues. I am sorry this is true. I would
rather see it that way. But since this
appears impossible, and since there is no
law under which this area can now be
administered, and it ought to be devel-
oped, it seems'to me we should support
this legislation as the best we can pass
by a majority vote of the House.
Mr. YATES. Mr. Chairman, will the
gentleman yield?
Mr. YORTY. I yield to the gentleman
from Illinois.
Mr. YATES. The gentleman says the
area should be developed. Does this in-
clude the whole Continental Shelf, in-
cluding that area which is given to the
States by the bill?
Mr. YORTY. As the gentleman
knows, this bill deals only with the area
outside the historical State boundaries.
Mr. YATES. Suppose the Supreme
Court of the United States should de-
clare the other bill unconstitutional.
Should not the area be developed by the
Federal Government then?
Mr. YORTY. A law of the Congress
is presumed to be constitutional until
the Court rules otherwise. I do not know
by what authority some people are al-
ready purporting to decide the constitu-
tionality of the Submerged Lands Act in
advance and to hold it invalid. Frankly,
I think it is constitutional. We will have
to leave that question to the courts
anyway.
Mr. YATES. It is nevertheless pos-
sible that the Supreme Court of the
United States might declare the bill un-
constitutional; is it not?
Mr. YORTY. It is always possible
that any law may be declared unconsti-
tutional, but the presumptions, as the
gentleman knows, are in favor of consti-
tutionality. With the saving clause that
has been put in the bill, if it turns out
that we could not constitutionally grant
full title to the States, they would retain
the right to develop the area anyway.
I do not see what anyone would have to
gain by challenging the constitutionality
of that act, if my views are correct.
Getting back to the proposition of this
bill, it just seems to me that as a practi-
cal matter this is the kind of bill we
should all approve since we cannot now
get a majority to give the States greater
rights in the area in question, the outer
Continental Shelf. It is possible that ex-
perience will prove the advisability of
letting the States administer the entire
offshore area under one set of laws and
regulations. In this event the State will
be entitled to compensation for their
services and I feel that limited taxing
power or a share of the revenue will be
the proper measure.
Mr. FEIGHAN. Mr. Chairman, I
yield 2 minutes to the gentleman from
Illinois [Mr. YATES].
Mr. YATES. Mr. Chairman, I take
this time in order to ask a question on
the bill. I do this because of my doubts
concerning the constitutionality of the
basic legislation giving title to the sub-
-------
STATUTES AND LEGISLATIVE HISTORY
2469
merged lands to the States. I have no
illusions concerning my ability as a great
constitutional lawyer, and I make no
claim of enjoying the prestige and dig-
nity of being a great constitutional
lawyer. But having read the debates
on tidelands bills of previous years, I
noted that a very able constitutional
lawyer declared that in his opinion, such
bills would be unconstitutional. I refer
to our former distinguished colleague,
the late Sam Hobbs, who stated that this
bill would violate the Constitution. I
now ask the gentleman from Texas [Mr.
WILSON] what would be the jurisdiction
of the Federal Government in the event
that the other tidelands bill, the one
previously passed by this House, and re-
cently passed by the other body, should
be held unconstitutional by the Supreme
Court of the United States? Would the
Federal Government under the terms of
this bill have any jurisdiction over the
area covered by the other bill?
Mr. WILSON of Texas. Do I under-
stand your question to be that if the
States' historical boundary bill is held to
be unconstitutional, this bill gives the
Federal Government the right to move
in and develop the area within the histo-
rical boundaries?
Mr. YATES. That is correct.
Mr. WILSON of Texas. In my opin-
ion> it certainly would not.
Mr. YATES. In other words, this bill
deals only with the portion of the Con-
tinental Shelf outside that area?
Mr. WILSON of Texas. Beginning at
the outer edge of the historic boundary
of the States, which is 3 miles only except
for the States of Texas and Florida, and
on out.
Mr. YATES. I see. But does not the
gentleman concede that in the event the
other bill was held unconstitutional
that the Federal Government under
existing decisions of the Supreme Court
of the United States would have jurisdic-
tion over that area?
Mr. WILSON of Texas. No, I do not
think they would.
Mr. YATES. Then who would have
jurisdiction over it?
Mr. WILSON of Texas. Congress
would havj to deal with it again.
Mr. YATES. You mean that nobody
would have any jurisdiction over it?
Mr. WILSON of Texas. Do you mean
inside of the State boundaries?
Mr. YATES. That is right.
Mr. WILSON of Texas. We would be
in the same position as we were in before
we passed the bill. We could change it.
Mr. YATES. And according to the
Supreme Court of the United States does
not the Federal Government have para-
mount interest in those lands?
Mr. WILSON of Texas. Paramount
rights, yes, that is all, but not ownership.
Mr. YATES. I thank the gentleman.
Mr. GRAHAM. Mr. Chairman, I yield
5 minutes to the gentleman from Illinois
[Mr. JONAS], a member of the committee.
Mr. JONAS of Illinois. Mr. Chair-
man, I do not believe I will require 5
minutes to discuss briefly what I have in
mind. I had been supporting the tide-
lands bill since its inception. I have
been supporting it because I believe the
legislation is needed and necessary; I
have been supporting the bill in order
to restore to the States what I believe
has been unjustly taken away from
them by the split decisions of the
Supreme Court of the United States.
I have been supporting this meas-
ure because I think it is the right
and honorable thing to do. That covers
my first approach to this very, very im-
portant piece of legislation. But, I am
not in favor of carrying on with the
adoption of this legislation unless it car-
ries with it the provisions that are noted
in the Graham bill. I think our activ-
ities in connection with legislating on
this important measure should be con-
fined exclusively to that which we origi-
nally started out to accomplish, to wit,
to establish the boundaries of the States
over which we have this existing contro-
versy which, I understand includes the
3-mile limit and a 10%-mile limit for
the States of Texas and Florida. We
should adopt a hands-off policy as it
applies to submerged land referred to as
the Continental Shelf—I mean by that,
-------
2470
LEGAL COMPILATION—WATER
that the States should confine their con-
trol over submerged lands strictly to
what we started out to do. For that rea-
son, I see only one hope in sustaining
this legislation ultimately in the United
States Supreme Court, and that is to
keep our faith with the people and our
promises as we originally made them and
return to the States what they have been
divested of, and leave title exclusively
[p. 4889]
and unconditionally in the Federal Gov-
ernment to that submerged land area
that has always been recognized as Gov-
ernment property.
Mr. Chairman, I yield back the balance
of my time.
Mr. O'HARA of Illinois. Mr. Chair-
man, this is another of the days of the
great betrayal. On another day of in-
famy this body voted to pay the price
of the presidency with the surrender of
the Nation's wealth and security to the
powers of oil and of darkness. All that
Abraham Lincoln represented in the his-
tory of this Nation, all that the defend-
ers of the Union gave, even to the last
supreme sacrifice, was made a mess for
the mockery of Republicans from the
North and East. Today there comes in
the consideration of H.R. 5134 a prop-
osition to powder-puff the face of Judas
with perfumed beauty aids. I doubt the
soundness of the proposition that by ap-
plying whitewash to the wings of a bat
you come forth with an angel.
This body passed a bill covering the
submerged lands to the Continental
Shelf. The other body labored hard and
long and came forth with a bill that
went as far as the traditional boundary
lines and stopped there. So it is pro-
posed that we first vote upon the part
of the bill that the other body left out—
a part of the bill that no one seriously
thinks will ever be taken up and acted
upon favorably by the other body. Why
are we asked in this weird parliamentary
procedure to vote upon what in sub-
stance is an amendment to a nonexistent
bill? The answer is, of course, that H.R.
5134 is a gesture in futility. It is as a
device arranged for the convenience of
indiscretion to proclaim virtue on the
threshold of the door.
I shall vote against the passage both
of H.R. 4198 and 5134 because I cannot
in good conscience have any association
with what to me appears the boldest con-
spiracy in history to sell out the security
and the resources of a great Nation. The
evil and intended work of today is to
accept the other body's amendments to
H.R. 4198, thus sidestepping a confer-
ence committee, and getting this colossal
grab measure immediately to the White
House.
The distinguished and able majority
leader has forthrightly told us that he
wants to have the matter over with as
quickly as possible so that the House
can proceed to other business. If the
gentleman hopes that in the considera-
tion of other business the country will
forget what happened today he will wake
up to wonder why he never placed more
faith in the 13 superstition. May 13,
1953, is a date that patriotic indigna-
tion will burn indelibly in the minds of
the men and women of America.
I have no doubt a sense of gratitude
for past favors will again manifest itself
on the other side of the aisle. My Re-
publican colleagues, with few exceptions
again will go down the line in the pay-
ment of the price of a presidency. The
kiss that the Republican Members of this
House will plant on the oily lips of the
tidelands bill will prove to be the kiss of
death for the Republican Party. Let
them pursue their amorous flirtation
with oil with the reckless abandon of a
night of illicit romancing, but let them
know that tomorrow will come as surely
as the earth will continue to move in its
orbit.
Mr.. Chairman, it is significant that on
the very eve of the consummation of the
infamous tidelands oil deal announce-
ment was made of the sensational growth
of billion dollar business in the United
States. There are now 29 businesses
with assets of $1 billion and more.
The 13 top money makers—in terms
of net profits—are General Motors,
-------
STATUTES AND LEGISLATIVE HISTORY
2471
Standard of New Jersey, Bell, du Pont,
Texas, Socony-Vacuum, Standard of
California, General Electric, United
States Steel, Gulf Oil, Standard of Indi-
ana, Sears, Roebuck, and Ford.
The billion dollarists, which excludes
insurance and finance companies and
banks, follows:
Bell System $10,734,348,960
Standard Oil Co. (N.J.) 5,049,282,673
General Motors Corp 4,001,294,708
Pennsylvania Railroad 3,133,518,486
United States Steel Corp 2,988,434,756
New York Central 2,613,903,655
Du Pont de Nemours & Co 2,371,140,879
Socony-Vaeuum Oil Co 2,011,336,643
Standard Oil Co. (Indiana) .... 1,963,376,666
Southern Pacific 1,954,415,377
Pacific Gas & Electric Co 1,795,337,509
Consolidated Edison Co. (N.Y.) 1,773,317,755
Texas Co 1,736,081,000
Gulf Oil Co 1,627,279,394
Bethlehem Steel Corp 1,610,078,107
Ford Motor Co. (1951) 1,584,172,000
General Electric Co 1,579,523,878
Santa Fe 1,462,710,435
Commonwealth Edison Co 1,434,664,667
Standard Oil Co. (Calif.) 1,407,198,494
Sears, Roebuck & Co 1,362,011,465
Union Pacific 1,308,378,450
Baltimore & Ohio 1,295,167,047
Westinghouse Electric Corp 1,195,292,040
Humble Oil 1,106,223,714
International Harvester 1,090,644,236
Union Carbide & Carbon 1,072,178,149
Cities Service Co 1,047,080,707
Sinclair Oil Co 1,035,307,940
The above list is the directory of the
invisible government of the United
States. The corporations on the list are
closely bound together, and by far the
largest group is that of oil. The power
of billion-dollar corporations can be
effective in campaigns when the people
are not alerted to the real issues. When
that power is used to divest them of their
resources and to take from them their
national security the story will be
different.
Mr. GRAHAM. Mr. Chairman, I have
no further requests for time.
The CHAIRMAN. The Clerk will
read.
The Clerk read as follows:
Be it enacted, etc., That section 2 of the
Submerged Lands Act is amended by adding
at the end thereof the following paragraphs:
"(1) The term 'outer Continental Shelf
means all submerged lands (1) which lie out-
side and seaward of lands beneath navigable
waters as defined hereinabove in section 2,
and (2) of which the subsoil and natural re-
sources appertain to the United States and
are subject to its jurisdiction and control:
"(j) The term 'Secretary' means the Sec-
retary of the Interior:
"(k) The term 'lease' whenever used with
reference to action by a State or its political
subdivision or grantee shall be regarded as
including any form of authorization for the
use, development, or production from lands
beneath navigable waters or lands of the
outer Continental Shelf and the natural re-
sources therein and thereunder, and the term
'lessee' whenever used in such connection
shall be regarded as including any person
having the right to develop or produce nat-
ural resources and any person having the
right to use or develop lands beneath navi-
gable waters or lands of the outer Continen-
tal Shelf under any such form of authoriza-
tion:
"(1) The term 'Mineral Leasing Act' means
the act of February 25, 1920 (41 Stat. 437),
and all acts amendatory thereof or supple-
mentary thereto."
Mr. YATES. Mr. Chairman, I offer an
amendment, which is at the Clerk's desk.
The Clerk read as follows:
Amendment offered by Mr. YATES: On
page 1, line 6, after the words "submerged
lands", strike out all of lines 6 and 7 and that
part of line 8 preceding the word "of".
Mr. YATES. Mr. Chairman, there are
two masses of land involved in this leg-
islation. There is the land given to the
States by the bills that have passed this
House and the other body, the so-called
submerged-land bills, and then there
is the land that is seaward of the his-
torical boundaries of the States. That
is the land of the Continental Shelf
which is proposed to be covered by this
legislation.
My amendment is applicable to the
land which is within the so-called his-
toric boundaries of the States. The pur-
pose of my amendment is to permit
exploitation and development of that
territory in the event that the sub-
merged-lands bill is declared unconsti-
tutional by the Supreme Court of the
United States.
As I stated a few moments ago, I
make no claim of being an authoritative
constitutional lawyer myself. I happen
-------
2472
LEGAL COMPILATION—WATER
to believe the bill is unconstitutional.
More than my opinion, however, is that
of a man for whose legal ability on con-
stitutional matters, many Members of
this House had the highest respect. I
refer to the gentleman from Alabama,
the late Sam Hobbs, who stated time
and again that a statute on this
question without a constitutional amend-
ment, would be inadequate to convey
title to lands to the States. It would
be unconstitutional. Therefore, in the
event that the opinion of Mr. Hobbs is
sustained, if the Supreme Court of the
United States holds that bill to be un-
constitutional, this legislation would
permit exploitation of the area that
has been given to the States under
the other bill. That area would be a
no-man's land, a territory under Fed-
eral control, but without power in the
Federal Government to develop its re-
sources, if additional legislation for that
purpose is needed. I say it would belong
to the Federal Government, because the
Supreme Court of the United States has
stated in its decisions that the sub-
merged lands seaward of the low-water
mark belong to the Federal Government.
If that bill is held unconstitutional, there
will be no legislative authority in the
Federal Government to develop the oil
resources.
I call attention to the language on
page 2 of the report which states:
Representatives of the Federal departments,
the States, and the offshore operators all
urged the importance and necessity for the
enactment of legislation enabling the Federal
Government to lease for oil and gas opera-
[p. 4890]
tions the vast areas of the Continental Shelf
outside of State boundaries. They were un-
animously of the opinion, in which this com-
mittee agrees, that no law now exists whereby
the Federal Government can lease those sub-
merged lands, the development and operation
of which are vital to our national economy
and security. It is, therefore, the duty of the
Congress to enact promptly a leasing policy
for the purpose of encouraging the discovery
and development of the oil potential of the
Continental Shelf.
My amendment would permit the
Federal Government to undertake the
exploitation of all lands to which it has
paramount rights.
In the event the Supreme Court sus-
tains the legislation and holds it consti-
tutional the States will not be hurt.
They will be able to continue to exploit
the mineral and oil resources lying un-
der the submerged lands within their
boundaries. The amendment I have
offered will fill the gap caused by uncon-
stitutionality of the bill and permit de-
velopment of the entire submerged area,
pending the efforts of the coastal States
to obtain a constitutional amendment to
obtain title to the submerged lands bor-
dering their shoreline.
I ask for a favorable vote on my
amendment.
Mr. YORTY. Mr. Chairman, I rise in
opposition to the amendment.
Mr. Chairman, it should not take 5
minutes to dispose of this amendment
because all this does is to surrender the
entire area seaward from the coastline
of the United States to the international
domain; a domain wherein foreign ves-
sels, warships, or other craft could sail
up and down and do as they pleased
without any control over them by the
United States. If you will refer to the
language on page 3, the second para-
graph, you will find this provision.
This act shall be construed in such man-
ner that the character as high seas of the
waters above the outer Continental Shelf and
the right to their free and unimpeded nav-
igation and navigational servitude shall not
be affected.
That means in dealing with the outer
Continental Shelf the area outside of
the United States the right of foreign
nations to use the areas for shipping and
so forth are not affected.
If we were to adopt this amendment,
which does not fit in with the rest of
the bill, but defines the whole offshore
area as outer Continental Shelf, making
the high seas above them international
domain, it would be a very unwise action.
Mr. YATES. Mr. Chairman, will the
gentleman yield?
Mr. YORTY. I yield.
Mr. YATES. If the gentleman will
-------
STATUTES AND LEGISLATIVE HISTORY
2473
consider the amendment he will note
that the term "outer Continental Shelf"
means all submerged lands and natural
resources appertaining to the United
States in accordance with the definition
in the other bill. My amendment would
not change the language in the other bill
but would clarify it. If the other defini-
tion is followed, the submerged land
lying seaward of the historic State
boundaries would belong to the Federal
Government. There is nothing in my
amendment which would deprive the
States of any interest in the lands within
their historic State boundaries if the
Supreme Court holds that bill constitu-
tional. My amendment gives rights to
the Federal Government only if the bill
is held unconstitutional.
Mr. YORTY. I think the gentleman
is incorrect because this refers back to
the definition in the submerged lands
act which will become a law and
changes that definition so that seaward
of the coastline the whole area would be
outer Continental Shelf.
Mr. YATES. On the contrary, all this
definition does is state that it is appli-
cable to the land which belongs to the
United States.
Mr. YORTY. It does not say "be-
long," it says "appertains."
Mr. YATES. All right, appertains to
the United States.
Mr. YORTY. If the gentleman will
permit me, he is assuming as a fact that
the submerged lands act has been de-
clared unconstitutional.
Mr. YATES. I make no such asump-
tion. I recognize it as a possibility, and
in the event the bill is not declared un-
constitutional the title of the States will
not be impaired. In the event it is de-
clared unconstitutional, then there
would be this safeguard to permit the
resources to be exploited.
Mr. YORTY. That is not correct,
either. Even if the act were sustained
as constitutional, what we have here
would be inconsistent with the other act.
You are setting up a conflict that would
have to be resolved, because the gentle-
man's amendment refers to the sub-
merged lands act, and it will become a
law.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Illinois.
The amendment was rejected.
The Clerk read as follows:
SEC. 2. The Submerged Lands Act is fur-
ther amended by striking out sections 9,
10, and 11 and inserting in lieu thereof the
following:
"TITLE III
"OUTER CONTINENTAL SHELF OUTSIDE STATE
BOUNDABIES
"SEC. 9. Jurisdiction over outer Continental
Shelf: (a) It is hereby declared to be the
policy of the United States that the natural
resources of the subsoil and seabed of the
outer Continental Shelf appertain to the
United States and are subject to its juris-
diction, control, and power of disposition
as provided in this act. Federal laws now
in effect or hereafter adopted shall apply
to the entire area of the outer Continental
Shelf. The Secretary is hereby empowered
and authorized to administer the provisions
of this title, and to adopt rules and regula-
tions not inconsistent with Federal laws to
apply to the area.
"Except to the extent that they are in-
consistent with applicable Federal laws now
in effect or hereafter enacted, or such regu-
lations as the Secretary may adopt, the laws
of each coastal State which so provide shall
be applicable to that portion of the outer
Continental Shelf which would be within the
area of the State if its boundaries were
extended seaward to the outer margin of
the outer Continental Shelf, and the Sec-
retary shall determine and publish lines
denning each such area of State jurisdic-
tion: Provided, however, That State taxation
laws shall not apply in such areas of the
outer Continental Shell. The Secretary
shall reimburse the abutting States in the
amount of the reasonable costs of the ad-
ministration of such laws.
"This act shall be construed in such man-
ner that the character as high seas of the
waters above the outer Continental Shelf
and the right to their free and unimpeded
navigation and navigational servitude shall
not be affected.
"(b) Oil and gas deposits in the outer
Continental Shelf shall be subject to control
and disposal only in accordance with the
provisions of this act and no rights in or
claims to such deposits, whether based upon
applications filed or other action taken here-
tofore or hereafter, shall be recognized except
in accordance with the provisions of this act.
"SEC. 10. Provisions for leasing outer Conti-
nental Shelf: (a) When in the Secretary's
opinion there is a demand for the purchase
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2474
LEGAL COMPILATION—WATER
of such leases, the Secretary may In his
discretion offer for sale, on competitive sealed
bidding, oil and gas leases on any area of
the outer Continental Shelf. Subject to the
other terms and provisions hereof, sales of
leases shall be made to the responsible and
qualified bidder bidding the highest cash
bonus per leasing unit. Notice of sale of
oil and gas leases shall be published at least
30 days before the date of sale in accord-
ance with rules and regulations promul-
gated by the Secretary, which publication
shall contain (i) a description of the tracts
into which the area to be leased has been
subdivided by the Secretary for leasing pur-
poses, such tracts being herein called 'leas-
ing units'; (ii) the minimum bonus per acre
which will be accepted by the Secretary on
each leasing unit; (iii) the amount of royalty
as specified hereinafter in section 10 (d);
(iv) the amount of rental per acre per an-
num on each leasing unit as specified here-
inafter in section 10 (d); and (v) the time
and place at which all bids shall be opened
in public.
"(b) The leasing units shall be in reason-
ably compact form of such area and di-
mensions as may be determined by the Sec-
retary, but shall not be more than 640 acres
if within the known geologic structure of a
producing oil or gas field and shall not be
more than 2,560 acres if not within any
known geologic structure of a producing oil
or gas field.
"(c) Oil and gas leases sold under the pro-
visions of this section shall be for the pri-
mary terms of 5 years and shall continue
so long thereafter as oil or gas is produced
therefrom in paying quantities. Each lease
shall contain provisions requiring the exer-
cise of reasonable diligence, skill, and care
in the operation of the lease, and requiring
the lessee to conduct his operations thereon
in accordance with sound and efficient oil-
field practices to prevent waste of oil or
gas discovered under said lease or the en-
trance of water through wells drilled by him
to the oil or gas sands or oil- and gas-bear-
ing strata or the injury or destruction of the
oil and gas deposits.
"(d) Each lease shall provide that, on or
after the discovery of oil or gas, the lessee
shall pay a royalty of not less than 12V2 per-
cent in amount or value of the production
saved, removed, or sold from the leasing unit
and, in any event, not less than $1 per acre
per annum in lieu of rental for each lease
year commencing after discovery in addition
to any taxes imposed by Congress. If after
discovery of oil or gas the production there-
of should cease from any cause, the lease shall
not terminate if the lessee commences addi-
tional drilling or reworking operations with-
in 90 days thereafter or, if it be within the
primary term, commences or resumes the
payment or tender of rentals or commences
operations for drilling or reworking on or
before the rental paying date next ensuing
after the expiration of 90 days from date of
cessation of production. All leases issued
hereunder shall be conditioned upon the
payment by the lessee of a rental of $1
per acre per annum for the second and
[p. 4891]
every lease year thereafter during the pri-
mary terms and in lieu of drilling operations
on or production from the leasing unit in
addition to any taxes imposed by Congress,
all such rentals to be payable on or before
the beginning of each lease year.
"(e) If, at the expiration of the primary
term of any lease, oil or gas is not being
produced in paying quantities on a leasing
unit, but drilling operations are commenced
not less than 180 days prior to the end of
the primary term and such drilling opera-
tions or other drilling operations have been
and are being diligently prosecuted and the
lessee has otherwise performed his obliga-
tions under the lease, the lease shall re-
main in force so long as drilling operations
are prosecuted with reasonable diligence
and in a good and workmanlike manner, and
rental paid, and if they result in the produc-
tion of oil or gas so long thereafter as oil
or gas is produced therefrom in paying
quantities.
"(f) Should a lessee in a lease issued under
the provisions of title III of this act fail to
comply with any of the provisions of this
act or of the lease, such lease may be can-
celed by the Secretary because of such
failure; but before such a cancellation the
Secretary shall give the lessee 20 days' notice
by registered mail at his last known address
of the claimed defaults. If the defaults are
not cured by the end of said period the
Secretary may proceed to cancel the lease.
Any person complaining of such cancellation
may have such action reviewed in the United
States District Court for the District of Co-
lumbia. If a lease or any interest therein is
owned or controlled, directly or indirectly, in
violation of any of the provisions of this
act, the lease may be canceled, or the interest
so owned or controlled may be forfeited by
the Secretary as provided in this paragraph,
or the person so owning or controlling the
interest may be compelled to dispose of the
interest in an appropriate court proceeding.
"(g) The provisions of sections 17, 17 (b),
28, 30, 30 (a), 30 (b), 32, 36, and 39 of the
Mineral Leasing Act to the extent that such
provisions are not inconsistent with the terms
of this act, are made applicable to lands
leased or subject to lease by the Secretary
under title III of this act.
"(h) In the interest of economy and of
cooperation between Federal and State leas-
ing agencies within their respective jurisdic-
tions, the Secretary may, but only to the
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STATUTES AND LEGISLATIVE HISTORY
2475
extent he deems feasible, make use of facil-
ities available to him from the adjacent
States and their leasing agencies. Each lease
shall contain such other terms and provisions
consistent with the provisions of this act as
may be prescribed by the Secretary. The
Secretary may delegate his authority under
this act to officers or employees of the De-
partment of the Interior and may authorize
subdelegation to the extent that he may deem
proper.
"(i) The Secretary may deny any applica-
tion for a lease, as to which it appears that
the lease, if issued, or any interest therein,
would be owned or controlled, directly or by
stock ownership, stockholding, stock con-
trol, trusteeship, or otherwise, by any citizen
of another country, the laws, customs, or
regulations of which deny similar or like
privileges to citizens or corporations, of this
country. Where such ownership or control
arises after a lease is granted, the Secretary
may then cancel the lease because thereof.
Any ownership or interest described in this
section which may be acquired by descent,
will, judgment, or decree may be held for 2
years and not longer after its acquisition.
No lands leased under the provisions of this
section shall be subleased, trusteed, pos-
sessed, or controlled by any device or in any
manner whatsoever so that they form a part
of or are in anywise controlled by any com-
bination in the form of an unlawful trust
or form the subject in whole or in part of
any contract, agreement, understanding, or
conspiracy, to restrain trade or commerce in
the production or sale of oil or gas or to
control the price of oil or gas.
"(j) Any lease obtained through the ex-
ercise of fraud or misrepresentation, or
which is not performed in accordance with
its terms or with this law, may by the Secre-
tary be invalidated subject to the right of
review as otherwise provided for herein.
"SEC. 11. Exchange of existing State leases
in outer Continental Shelf for Federal
leases: (a) The Secretary is authorized and
directed to issue a lease to any person in
exchange for a lease covering lands in the
outer Continental Shelf which was issued by
any State prior to December 21, 1948, and
which would have been in force and effect
on June 5, 1950, in accordance with its terms
and provisions except as modified as to ad-
ditional royalties provided later in this sec-
tion and the laws of the State issuing such
lease had the State issuing such lease had
such paramount rights in and dominion over
the outer Continental Shelf as it assumed it
had when it issued the lease. Any lease is-
sued pursuant to this section shall be for a
term from the effective date hereof equal to
the unexpired term of the old lease, or any
extensions, renewals, or replacements author-
ized therein, or heretofore authorized by the
laws of the State issuing, or whose grantee
issued, the same: Provided, however, That
if oil or gas was not being produced from
such old lease on and before December 11,
1950, or if the primary term of such lease
has expired since December 11, 1950, then
any such new lease shall be for a term from
the effective date hereof equal to the term
remaining unexpired on December 11, 1950,
under the provisions of the old lease or any
extensions, renewals, or replacements author-
ized therein or heretofore authorized by the
laws of the State issuing or whose grantee
issued such lease, shall cover the same natu-
ral resources and the same portion of the
Continental Shelf as the old lease, shall pro-
vide for payment to the United States of the
same rentals, royalties, and other payments
as are provided for in the old lease, together
with a sum as additional royalty equal to any
severance tax charged by an abutting State,
in addition to any taxes imposed by Con-
gress, and shall include such other terms and
provisions, consistent with the provisions of
this act, as may be prescribed by the Secre-
tary. Operations under such old lease may
be conducted as therein provided until the
issuance of an exchange lease hereunder or
until it is determined that no such exchange
lease shall be issued. No lease which has
been determined by the Secretary to have
been obtained by fraud or misrepresentation
shall be accepted for exchange under this
section. Any persons complaining of a re-
fusal by the Secretary so to exchange a lease
as herein provided may have such action re-
viewed in the United States District Court
for the District of Columbia.
"(b) No such exchange lease shall be Is-
sued unless, (i) an application therefor, ac-
companied by a copy of the lease from
the State or its political subdivision or
grantee offered in exchange, is filed with the
Secretary within 6 months from the effective
date of this act, or within such further
period as provided in section 18 hereof, or as
may be fixed from time to time by the Sec-
retary; (ii) the applicant states in his appli-
cation that the lease applied for shall be
subject to the same overriding royalty obli-
gations as the lease issued by the State or
its political subdivision or grantee in addi-
tion to any taxes imposed by Congress; (iii)
the applicant pays to the United States all
rentals, royalties, and other sums due to the
lessor under the old lease which have or may
become payable after June 5, 1950, and which
have not been paid to the lessor or to the
Secretary under the old lease; (iv) the appli-
cant furnishes such surety bond, if any,
as the Secretary may require and complies
with such other reasonable requirements
as the Secretary may deem necessary to pro-
tect the interests of'the United States; and
(v) the applicant files with the Secretary a
certificate issued by the State official or
agency having jurisdiction showing that the
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2476
LEGAL COMPILATION—WATER
old lease was in force and effect in accord-
ance with its terms and provisions and the
laws of the State issuing it on the applicable
date provided for in subsection (a) of this
section; or in the absence of such certificate,
evidence in the form of affidavit, receipts,
canceled checks, and other documents show-
ing such facts.
"(c) In the event any lease covers, as well
as other lands, lands of the outer Continental
Shelf, the provisions of this section shall
apply to such lease insofar only as it covers
lands of the outer Continental Shelf.
"SEC. 12. Income from outer Continental
Shelf: All rentals, royalties, and other sums
payable under any lease on the outer Con-
tinental Shelf for the period from June 5,
1950, to date, and thereafter shall be depos-
ited in the Treasury of the United States.
"SEC. 13. Actions Involving outer Conti-
nental Shelf: Any court proceeding involving
a lease or rights under a lease of a portion of
the outer Continental Shelf may be instituted
in the United States district court for the
district in which any defendant may be
found or for the district in which the leased
property, or some part thereof, is located; or,
if no part of the leased property is within
any district, for the district nearest to the
property involved.
"SEC. 14. Refunds: When it appears to the
satisfaction of the Secretary that any person
has made a payment to the United States
in connection with any lease under this act
in excess of the amount he was lawfully
required to pay, such excess shall be repaid
to such person, his assignees, or his legal
representative, if a request for repayment of
such excess is filed with the Secretary within
2 years after the issuance of the lease or the
making of the payment.
"SEC. 15. Waiver of liability for past op-
erations: (a) No State, or political subdivi-
sion, grantee or lessee shall be liable to or
required to account to the United States in
any way for entering upon, using, exploring
for, developing, producing, or disposing of
natural resources from lands of the outer
Continental Shelf prior to June 5, 1950.
"(b) If it shall be determined by appro-
priate court action that fraud has been prac-
ticed in the obtaining of any lease referred
to herein or in the operations thereunder,
the waivers provided in this section shall
not be effective.
"SEC. 16. Powers reserved to the United
States: The United States reserves and
retains—
"(a) in time of war or when necessary for
national defense, and when so prescribed by
the Congress or the President, in addition
to any and all other rights it may have under
the law, the right (i) of first refusal to pur-
chase all or any portion of the oil or gas
that may be produced from the outer Con-
tinental Shelf; (ii) to terminate any lease
issued or authorized pursuant to or validated
by title III of this act, in which event the
United States shall become the owner of
wells, fixtures, and improvements located on
the area of such lease and shall be liable
to the lessee for just compensation for such
leaseholds, wells, fixtures, and improvements,
to be determined as in the case of condem-
nations: (iii) to suspend operations under
any lease issued or authorized pursuant to
or validated by title III of this act, in which
event the United States shall be liable to
the lessee for such compensation as is re-
quired to be paid under the Constitution of
the United States, and payment of rentals,
minimum royalty, and royalty prescribed by
such lease shall likewise be suspended during
any period or suspension of operations, and
[p. 4892]
the term of any suspended lease shall be ex-
tended by adding thereto any suspension
period:
"(b) the right to designate by and through
the Secretary of Defense, with the approval
of the President, as areas restricted from
the exploration and operation that part of
the Continental Shelf needed for national
defense; and so long as such designation
remains in effect no exploration or operations
may be conducted on any part of the surface
of such area except with the concurrence
of the Secretary of Defense; and if opera-
tions or production under any lease there-
tofore issued on lands within any such
restricted area shall be suspended, any
payment of rentals, minimum royalty, and
royalty prescribed by such lease likewise shall
be suspended during such period of suspen-
sion of operation and production, and the
term of such lease shall be extended by
adding thereto any such suspension period,
and the United States shall be liable to the
lessee for such compensation as is required
to be paid under the Constitution of the
United States; and
"(c) the ownership of and the right to
extract helium from all gas produced from
the outer Continental Shelf, subject to any
lease issued pursuant to or validated by this
act under such general rules and regulations
as shall be prescribed by the Secretary, but
in the extraction of helium from such gas it
shall be so extracted as to cause no substan-
tial delay in the delivery of gas produced
to the purchaser of such gas.
"SEC. 17. Geological and geophysical ex-
plorations: The right of any person, subject
to applicable provisions of law, and of any
agency of the United States to conduct geo-
logical and geophysical explorations in the
outer Continental Shelf, which do not in-
terfere with or endanger actual operations
under any lease issued pursuant to this act,
is hereby recognized.
"SEC. 18. Interpleader and Interim arrange-
-------
STATUTES AND LEGISLATIVE HISTORY
2477
ments: (a) Notwithstanding the other pro-
visions of this act, if any lessee under any
lease of submerged lands granted by any
State, its political subdivisions, or grantees,
prior to the effective date of this act, shall
file with the Secretary a certificate executed
by such lessee under oath and stating that
doubt exists (i) as to whether an area cov-
ered by such lease lies within the outer
Continental Shelf, or (ii) as to whom the
rentals, royalties, or other sums payable un-
der such lease are lawfully payable, or (iii)
as to the validity of the claims of the State
which issued, or whose political subdivision
or grantee issued, such lease to the area
covered by the lease and that such claims
have not been determined by a final judg-
ment of a court of competent jurisdiction—
"(1) the lessee may interplead the United
States and, with their consent, the State or
States concerned, in an action filed in the
United States District Court for the District
of Columbia, and, in the event of State con-
sent to be interpleaded, deposit with the
clerk of that court all rentals, royalties, and
other sums payable under such lease after
filing of such certificate, and such deposit
shall be full performance of the lessee's obli-
gation under such lease to make such pay-
ments; or
"(2) the lessee may continue to pay all
rentals, royalties, and other sums payable
under such lease to the State, its political
subdivisions, or grantees, as in the lease pro-
vided, until it is determined by final judg-
ment of a court of competent jurisdiction
that such rentals, royalties, and other sums
should be paid otherwise, and thereafter
such rentals, royalties, and other sums shall
be paid by said lessee in accordance with the
determination of such final judgment. In
the event it shall be determined by such final
judgment that the United States is entitled
to any moneys theretofore paid to any State
or political subdivision, or grantee thereof,
such State, its political subdivision, or gran-
tee, as the case may be, shall promptly ac-
count to the United States therefor; and
"(3) the lessee of any such lease may file
application for an exchange lease under sec-
tion 11 hereof at any time prior to the ex-
piration of 6 months after it is determined
by final judgment of a court of competent
jurisdiction that the claims of the State
which issued, or whose political subdivision
or grantee issued, such lease to the area
covered by the lease are invalid as against
the United States and that the lands cov-
ered by such lease are within the outer
Continental Shelf.
"(b) If any area of the outer Continental
Shelf or other lands covered by this act
included in any lease issued by a State or
its political subdivision or grantee is in-
volved in litigation between the United
States and such State, its political subdivi-
sion, or grantee, the lessee in such lease
shall have the right to intervene in such
action and deposit with the clerk of the
court in which such case is pending any
rentals, royalties, and other sums payable
under the lease subsequent to the effective
date of this act, and such deposit shall be
full discharge and acquittance of the lessee
for any payment so made.
"TITLE IV
"GENERAL PROVISIONS
"SEC. 19. Executive Order No. 10426, dated
January 16, 1953, entitled 'Setting Aside Sub-
merged Lands of the Continental Shelf as a
Naval Petroleum Reserve,' is hereby revoked.
"SEC. 20. There is hereby authorized to be
appropriated such sums as may be necessary
to carry out the provisions of this act.
"SEC. 21. Separability: If any provisions of
this act, or any section, subsection, sentence,
clause, phrase or individual word, or the ap-
plication thereof to any person or circum-
stance is held invalid, the validity of the
remainder of the act and of the application
of any such provision, section, subsection,
sentence, clause, phrase or individual word
to other persons and circumstances shall not
be affected thereby; without limiting the
generality of the foregoing, if subsection 3
(a) 1, 3 (a) 2, 3 (b) 1, 3 (b) 2, 3 (b) 3, or
3 (c) or any provision of any of those subsec-
tions is held invalid, such subsection or
provision shall be held separable and the
remaining subsections and provisions shall
not be affected thereby."
Mr. GRAHAM (interrupting the read-
ing). Mr Chairman, I ask unanimous
consent that the bill may be considered
as read and be open to amendment at
any point.
The CHAIRMAN. Is there objection
to the request of the gentleman from
Pennsylvania?
There was no objection.
Mr. WALTER. Mr. Chairman, I offer
an amendment.
The Clerk read as follows:
Amendment offered by Mr. WALTER: Page
9, after line 11, insert a new section as
follows:
"(k) Nothing contained in this act or any
other act shall prevent the leasing of a par-
ticular area for oil and gas, and also, at the
same time, and for the same area, for sulfur
or other minerals, and no person having been
granted a lease for any particular mineral
shall have any preference right to a lease
for any other mineral on account of a dis-
covery of such mineral in the area covered
by his lease. No lease shall be for more
than one mineral except that 'oil and gas*
for the purposes of this act shall be deemed
-------
2478
LEGAL COMPILATION—WATER
to be one mineral. The Secretary is au-
thorized and when requested by any respon-
sible and qualified person interested in
purchasing leases for any mineral other than
oil and gas in any area of the outer Conti-
nental Shelf not then under lease for such
requested mineral, shall offer for sale in a
competitive sealed bidding, mineral leases
for a mineral other than oil and gas in such
area. The Secretary in his discretion shall
fix all proposed terms of any such lease in
his invitation to bid, as herein provided, as
to royalty rates, area covered and otherwise
as circumstances peculiar to development of
the underseas area of the Continental Shelf
may require: Provided, however, That the
Secretary shall be and is hereby authorized
to promulgate regulations of general appli-
cation with respect thereto."
Mr. GRAHAM. Mr. Chairman, will
the gentleman yield?
Mr. WALTER. I yield to the gentle-
man from Pennsylvania.
Mr. GRAHAM. We will accept the
amendment.
Mr. WALTER. Mr. Chairman, I am
addressing myself to an additional as-
pect of the problem involving the outer
Continental Shelf, with particular refer-
ence to leaseholds thereon. The lan-
guage of the pending bill deals only with
oil and gas deposits, and to deal with
other mineral deposits in the outer Con-
tinental Shelf presents no problem.
Every Member of this body will be
properly concerned with the maximum
appropriate utilization of the natural re-
sources to be found in the outer Conti-
nental Shelf. We certainly do not wish
to place ourselves in the position of
seeming to offer protections to oil and
gas leaseholds to the exclusion of all
other minerals. The State of Texas long
since, out of its experience, learned to
deal with other possible minerals, for ex-
ample sulfur; and under its laws, Texas
has made possible the exploitation of the
same, or substantially the same area for
the coincidental development of recovery
of oil and gas as well as sulfur.
Those experienced in the field tell me
that sulfur occurs in domes which may
be 700 to 1,000 feet below the surface.
Sulfur may occur in a stratum on the
very crest of the dome whereas oil and
gas will be found in oil-bearing sands
occurring on the flanks of the dome at
depths of many thousands of feet below
the sulfur-bearing stratum. Oil and gas
will be recoverable from the flanges of
the dome—not from its crest—and there
is no reason whatever why the com-
panies developing and recovering oil and
gas resources should not go forward at
the same time as those who are seeking
to recover sulfur. Completely different
processes are involved in the two
operations.
What I wish to see Congress do will
accomplish the maximum recovery of
the natural resources over which we seek
to exercise dominion. As the bill now
stands there is no provision whatever
for recovery of minerals other than oil
and gas.
I do not think that this Congress
should put itself in the position of legis-
lating only for oil and gas development.
Consequently, I feel it to be my duty to
alert you to the fact that large and re-
coverable deposits of sulfur and other
minerals are said to occur on the outer
Continental Shelf, and while we are leg-
islating on this subject, I think we ought
to do a reasonably complete job to stim-
ulate maximum recovery of much needed
[p. 4893]
minerals in whatever category. Sulfur,
particularly, is a strategic and critical
material in wartime. American citi-
zens today are exploring for sulfur in
various parts of the world, but of course
it is sulfur here at home which we need
in time of war.
Of course, there are some minerals,
like sodium, which it may not be eco-
nomically feasible to recover by under-
sea operations. I would not wish to see
precluded, however, the possibility of
some enterprising development of the
recovery of sodium or any other mineral
for failure on our part to provide the
necessary legislative implementation.
I understand that to explore for and
locate sulfur might require vast amounts
of capital, perhaps as much as $10 mil-
lion and upward, to locate and recover
sulfur from a single sulfur dome. I am
-------
STATUTES AND LEGISLATIVE HISTORY
2479
told that perhaps as many as 20 domes
must be drilled in order to find one
which is productive, from which it is
apparent that this is a highly costly and
speculative, exploratory operation.
It seems to me that when Congress is
"writing the ticket," and making it pos-
sible for some concern to exploit these
natural resources under our authority,
the very least we should do is insure
equal rights to each of various types of
prospectors for each of various minerals.
Since the bill as reported by the com-
mittee deals simply with oil and gas and
makes no provision for the recovery of
other minerals, I think Congress should
say that nothing contained in this act or
any other act shall prevent leasing of a
particular area to one person for recov-
ery of oil and gas, and at the same time
leasing to others for the recovery of sul-
fur or other minerals in the same area.
I think we should say that no person,
having been granted an oil and gas lease,
should have any preference right to a
lease for sulfur, for example, on account
of a discovery of sulfur in an area cov-
ered by the oil and gas lease. I think
that the Secretary should offer for sale,
under separate, competitive, sealed bid-
ding, leases for the recovery of sulfur, or
any other mineral, notwithstanding the
existence of an outstanding lease for the
recovery of oil and gas in the same area.
Conversely, I think that the holder of a
lease, for the recovery of any particular
mineral, should have no preference right
to a lease for any other mineral simply
because of a discovery of that other min-
eral in an area covered by his lease.
If the bidding is competitive, every
person will have a right to bid. If the
bidding is separate, an oil and gas com-
pany can bid, just as can a sulfur com-
pany. If the bids are sealed, each bidder
can be the judge of his own willingness,
and to what extent he is ready and able
to back up that willingness to seek
and recover whatever minerals may be
recoverable.
The principle for which I contend is
sound. To achieve it, various possible
legislative steps are open to us. We can
amend the existing bill by a series of
amendments to expand the use of the
terms "oil and gas" wherever they occur,
and otherwise adapting the language to
the peculiarities of each of the minerals
which might be sought.
I do not recommend that approach for
the simple reason that the language of
the bill before us, dealing exclusively
with oil and gas, has been carefully
worked out and deals adequately with
that subject. Let us keep it.
Rather, I think we should interpolate,
by way of an amendment, a new section
dealing with sulfur and other minerals
in a fashion comparable to the way we
have dealt with oil and gas.
The correct approach may be stated
thus: Let us provide for leases for oil
and gas. Let us provide for leases for
other minerals, including sulfur. Let us
prescribe the appropriate royalty rates
which should inure as a result of the dis-
covery and the recovery of one or the
other type of mineral. Then let us write
one section that applies equally to all
which would read, in effect, that noth-
ing contained in this act or any other act
shall prevent the leasing to one party of
the same area for oil and gas, and also,
at the same time, leasing that area to
another for sulfur and other minerals,
and that no person, having been granted
a lease for any particular mineral, shall
have any preference right to a lease for
any other mineral on account of a dis-
covery of such mineral in the area cov-
ered by his lease. Rather, at that point,
the Secretary should be required, upon
application by any interested bidder, to
offer for sale on separate competitive
sealed bids, oil and gas leases, sulfur or
other mineral leases, on any area or in
the same area, of the outer Continental
Shelf.
In that way, we will develop to the ut-
most the natural resources to be found
in the outer Continental Shelf. In that
way we will secure through competitive
bidding an equal opportunity for all, yes,
for each to bid for, and recover, any min-
eral, and avoid future difficulties.
I think we should draw on the experi-
-------
2480
LEGAL COMPILATION—WATER
ence of the past and deal with this
present problem at the very outset.
Therefore, Mr. Chairman, I do not
want to see oil and gas leases so drawn as
to be exclusive. I wish to see the maxi-
mum possible development of our natu-
ral resources, and the principle for which
I contend can readily be achieved by
adopting this amendment. Let us act
now, and get off on the right foot as we
undertake to deal with the vast outer
Continental Shelf.
The CHAIRMAN. The question is on
the amendment offered by the gentle-
man from Pennsylvania [Mr. WALTER].
The amendment was agreed to.
Mr. MCCARTHY. Mr. Chairman, I of-
fer an amendment.
The Clerk read as follows:
Amendment offered by Mr. MCCARTHY:
Page 13, line 15, after "1950", insert "Pro-
vided however, That all moneys collected by
any State through the leasing or disposal
of lands or natural resources of the outer
Continental Shelf after July 1, 1947, shall be
paid to the United States Government ex-
cept that portion of such moneys which the
respective States are obligated to return to
lessees."
Mr. MCCARTHY. Mr. Chairman, the
language of the amendment which I
have offered to the bill now pending is
very similar to language contained in
section 2 of H.R. 4198 which I expect
will be accepted this afternoon. H.R.
4198 provides that the Secretary of the
Interior or the Treasurer of the United
States shall be required to pay back to
the States any money that the Federal
Government has collected through the
leasing or other disposal of lands or nat-
ural resources within the historic bound-
aries as defined in the act.
My amendment provides that the
States shall reciprocate by paying to the
Treasury of the United States any mon-
eys they have collected through the
leasing or disposal of natural resources
or lands outside the historic boundaries.
It seems to me that if the Federal Gov-
ernment is required to pay the States
anything it has collected within the his-
toric boundaries, that it is absolutely
fair and equitable to provide that the
States shall pay to the Federal Gov-
ernment anything they have collected
through leasing or other development
outside historic boundaries. As a mat-
ter of fact, the claim of the Federal Gov-
ernment is much better because its title
outside the historic boundaries has not
been disputed.
My amendment requires that the
States shall return these moneys only
if collected after July 1, 1947. That is
a date subsequent to the first Supreme
Court decision in the California case in
which it was decided that the Federal
Government had paramount rights not
only outside the historic boundaries, now
defined, but in the area between these
newly defined historic boundaries and
the low-water mark adjacent to the
shores. It seems to me that the House,
and particularly the proponents of titles
I and II of this bill, should agree
to accept my amendment without
objection.
Mr. FEIGHAN. Mr. Chairman, will
the gentleman yield?
Mr. MCCARTHY. I yield to the gen-
tleman from Ohio.
Mr. FEIGHAN. It is perfect logic to
give to the Federal Government money
accruals from submerged lands, which
lands, by this bill, we say belong to the
Federal Government.
Mr. MCCARTHY. I agree with the
gentleman. It is for that reason I have
offered the amendment; that is, to give
the House the opportunity to go on rec-
ord, or at least to make a record of
consistency.
Mr. WILSON of Texas. Mr. Chairman,
will the gentleman yield?
Mr. MCCARTHY. I yield to the gen-
tleman from Texas.
Mr. WILSON of Texas. Did not the
gentleman offer this very same amend-
ment when the bill was being debated on
the floor and discussed before?
Mr. MCCARTHY. No; this is a differ-
ent amendment to a different section of
the bill. I offered an amendment to title
2 previously.
Mr. WILSON of Texas. But it had the
same effect.
-------
STATUTES AND LEGISLATIVE HISTORY
2481
Mr. MCCARTHY. No; it had a differ-
ent effect.
Mr, WILSON of Texas. I thought it
had the same effect.
Mr. MCCARTHY. No. The effect in
the other case was to provide that the
Federal Government should not have to
pay what it had collected from the
States; just as the States were not re-
quired to make repayment to the Fed-
eral Government. This requires the
[p. 4894]
States to make payments similar to those
required of the Federal Government.
The CHAIRMAN. The question is on
the amendment offered by the gentleman
from Minnesota [Mr. MCCARTHY].
The amendment was rejected.
The CHAIRMAN. Under the rule, the
Committee rises.
Accordingly the Committee rose; and
the Speaker having resumed the chair,
Mr. DONDERO, Chairman of the Commit-
tee of the Whole House on the State of
the Union, reported that that Commit-
tee, having had under consideration
the bill (H.R. 5134) to amend the Sub-
merged Lands Act, pursuant to House
Resolution 233, he reported the bill back
to the House with an amendment
adopted by the Committee of the Whole.
The SPEAKER. Under the rule, the
previous question is ordered.
The question is on the amendment.
The amendment was agreed to.
The SPEAKER. The question is on
the engrossment and third reading of the
bill.
The bill was ordered to be engrossed
and read a third time, and was read the
third time.
The SPEAKER. The question is on
the passage of the bill.
Mr. HALLECK. Mr. Speaker, on that
I demand the yeas and nays.
The yeas and nays were ordered.
The question was taken; and there
were—yeas 309, nays 91, not voting 31,
as follows:
[p. 4895]
1.14a(4)(b) June 26: Amended and passed Senate, pp. 7250-7265
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment offered by the Senator from
Louisiana [Mr. LONG], designated
"6-23-53-E."
[p. 7250]
Mr. LONG. Mr. President, I wish to
withdraw that amendment and to call
up, instead, my amendment designated
"6-24-53-E."
The PRESIDING OFFICER. The
amendment has previously been offered.
It is in order.
Mr. LONG. This amendment was of-
fered previously, and I withdrew it be-
cause at that time certain Senators who
were interested in the amendment were
not present.
The PRESIDING OFFICER. With-
out objection, the amendment will be
printed at this point in the RECORD.
Mr. LONG'S amendment was, on page
30, between lines 6 and 7, to insert the
following:
SEC. 15. Reimbursement of States for cer-
tain expenses: (a) It is hereby declared to
be the policy of the United States to re-
imburse the States adjacent to the area of
the outer Continental Shelf for expenses in-
curred by such States in furnishing services
of State and local government to (1) indi-
viduals who are employed in connection with
operations described in section 4(b) of this
act and who reside in such States, (2) fami-
lies of such individuals, and (3) persons or
companies engaged in such operations who
establish shore bases and carry on other ac-
tivities within such States in support of such
operations. It is the intent of Congress that
legislation providing for such reimburse-
ment shall be enacted as soon as possible
after the committee established under sub-
section (b) of this section has made recom-
mendations required by subsection (b) (2)
hereof.
(b) (1) There is hereby established a Joint
Committee on the Outer Continental Shelf
-------
2482
LEGAL COMPILATION—WATER
(hereinafter referred to as the joint com-
mittee), which shall be composed of six
Members of the Senate to be appointed by
the President of the Senate and six Mem-
bers of the House of Representatives to be
appointed by the Speaker of the House of
Representatives. The joint committee shall
select a chairman from among its members.
Any vacancy in the joint committee occur-
ring after all the original appointments are
made shall not affect the power of the re-
maining members to execute the functions
of the joint committee and shall be filled
in the same manner as the original selection.
A majority of the members of the joint com-
mittee shall constitute a quorum for the
transaction of business. However, the joint
committee may make its own rules to pro-
vide for the number necessary to constitute
a quorum of any subcommittee thereof.
(2) The joint committee shall make a full
and complete investigation and study for
the purpose of determining (A) the amount
of reimbursement which should be made to
such adjacent States in order to carry out
the policy established under subsection (a)
of this section, and (B) the most practical
method of making such reimbursement.
Upon completion of its investigation and
study, the joint committee shall make a re-
port of its findings and recommendations to
the President and to the Congress. After
the submission of such report, the joint
committee shall cease to exist.
(3) The joint committee, or any duly au-
thorized subcommittee thereof, is author-
ized (A) to hold such hearings; (B) to sit
and act at such places and times; (C) to
procure such printing and binding; and
(D) to make such expenditures, as it deems
advisable. The cost of stenographic services
to report such hearings shall not exceed 40
cents per hundred words.
(4) The joint committee is authorized to
appoint and fix the compensation of such
personnel as it deems necessary to assist it
in the performance of its functions. Such
compensation shall not be in excess of the
maximum rate payable in the case of em-
ployees of standing committees of the
Congress.
On page 30, line 7, strike out "SEC. 15,"
and insert in lieu thereof "SEC. 16."
On page 30, line 10, strike out "SEC. 16,"
and insert in lieu thereof "SEC. 17."
Mr. LONG. Mr. President, this
amendment calls for reimbursement of
the States for certain services. The Sen-
ate has declined, by a voice vote, to per-
mit the States to collect a severance tax
in connection with these resources, even
though the States provide many services
which support the operations on the
Continental Shelf. This amendment
does not provide any revenue for the
States. However, it does recognize the
principle that the States do many things
to support those operations. For exam-
ple, they supply services to those who
work in this area. They protect the
property on shore of all corporations
which have shore bases; and, by and
large, the record shows that investments
in shore bases are far greater than in-
vestments in drilling platforms in the
sea.
The States provide for the education
of all the children of the workers who
are employed on the rigs in the sea.
Likewise, the States provide hospitaliza-
tion for the workers, in the event they
are injured or taken ill or misfortune
befalls them or their families. The
States provide the highways which the
oil companies use, and those who are
familiar with the coastal areas of Loui-
siana and Texas, where the development
will take place, know all too well that
the enormous trucks of the oil compa-
nies, in moving back and forth across
the highways, hauling steel tubing and
other equipment used in erecting the
platforms in the sea, practically destroy
the roads in the coastal and marsh areas.
The States must rebuild those roads and
provide for their maintenance.
The amendment recognizes the prin-
ciple that some reimbursement is due
the States for the service they perform
in support of operations on Federal ter-
ritory which bring a vast revenue to the
Federal Government.
It is only justice, Mr. President. As a
matter of fact, the record shows that the
interior States, for the same services of
Government on all public lands owned
by the Federal Government within the
States, the States receive 37% percent of
the revenue derived from such lands.
The record also shows that the Federal
Government provides some reimburse-
ment where it takes property off the tax
rolls.
Only last year the Congress passed a
-------
STATUTES AND LEGISLATIVE HISTORY
2483
law recognizing the fact that where it
had established defense bases and thus
created additional educational problems
in such areas, some reimbursement
should be made to the various commu-
nities which must provide for the educa-
tion of the additional children.
This amendment follows the same
principle, but it would apply where the
Federal Government receives revenue,
rather than areas where the Federal
Government spends money. The Fed-
eral Government will make a great deal
of money out of the operations. It is
only fair that in making money the Fed-
eral Government should be willing to
recognize the principle that some reim-
bursement should be paid to the States,
in order to compensate them for the ad-
ditional burdens placed upon the States
for the services which the States per-
form in making possible the realization
of the revenue.
I know Senators will agree that any
person who develops State lands should
pay the Federal Government some taxes,
and that if he does not pay the Federal
taxes some arrangement should be made
whereby he will not be exempt from
paying his fair share.
I believe the Federal Government has
recognized the principle time and time
again, and consistently, that where the
States perform services for the Federal
Government, or where such services
place a burden on the States, some
remuneration and some compensation
should be paid to the States.
The amendment provides merely a
recognition of that principal. It pro-
vides further that a joint committee
shall be established to make a study of
the subject and to recommend to Con-
gress what type of reimbursement should
be provided for the services performed
by the States.
The States would receive nothing
whatever unless Congress saw fit to im-
plement the committee's recommenda-
tion by passing subsequent legislation
to provide a fair and just remuneration
for the services the States perform in
making possible the development of the
vast resources on the Continental Shelf.
Mr. DANIEL. Mr. President, will the
Senator yield?
Mr. LONG. I am glad to yield to the
Senator from Texas for a question.
Mr. DANIEL. Is it not true that this
amendment would merely provide for a
study of how much a State should re-
ceive in compensation for services ren-
dered on the shore to those engaged in
operations on the outer Continental
Shelf.
Mr. LONG. That is completely
correct.
Mr. DANIEL. Is it not correct that
the House of Representatives, in its bill
on the outer Continental Shelf, has pro-
vided that the States shall be paid com-
pensation for services actually rendered?
Mr. LONG. That is correct. The
House bill makes some provision for it.
I believe the House provision, which is
not in the Senate bill, is not nearly so
good as the proposal now before the
Senate, because the House provision
contains no requirement for a study.
The proposal under consideration pro-
vides that there shall be a study made
to determine what compensation should
be paid to the States. It provides that
the study shall include a look at what
services the States provide on the shore
as well as on the sea.
Mr. DANIEL. Is it not correct that
in the bill as now written the taxes
which the States have been collecting
in the past on leases now in existence
are turned over to the Federal Govern-
ment as an additional royalty, and that
under the bill, if it is passed in its pres-
ent form, the Federal Government would
be collecting what amounts to State
taxes but would not be rendering the
[p. 7251]
services, because the States would have
to continue to render such services?
Mr. LONG. That is correct. The o.il
companies are now paying severance
taxes to the States on leases beyond the
States' historic boundaries, and those
-------
2484
LEGAL COMPILATION—WATER
taxes are justified on the basis that the
companies receive the benefit of the
States' services on the shore. If the bill
passes without an arrangement such as
I am recommending in the amendment,
there will be no way for the States to
receive reimbursement for the services
which they perform.
Mr. President, I shall ask for the yeas
and nays on the amendment. There-
fore, I suggest the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
*****
The PRESIDING OFFICER. (Mr.
CAPEHART in the chair). A quorum is
present.
The question is on agreeing to the
amendment of the Senator from Louisi-
ana [Mr. LONG], numbered "&-24-53-E."
Mr. LONG. Mr. President, on the
question of agreeing to this amendment,
I ask for the yeas and nays.
The yeas and nays were ordered.
Mr. HOLLAND. Mr. President, I
strongly hope the Senate will adopt this
amendment.
The amendment would do two things:
It would recognize the principle that the
States which adjoin the comparatively
large Federal areas which are to be
added to the productive areas of the Na-
tion, will have to bear certain govern-
mental burdens out of proportion to
those borne by other States of the Na-
tion. The reason for that is, of course,
that the homes of the personnel and the
base office operations and all the other
domestic and industrial operations, ex-
cept the actual fixing of the platforms,
the conduct of the operations upon those
platforms and the communications ac-
tivities will take place on shore, and will
call for the serving of the people there by
the ordinary governmental facilities and
services by the States and communities.
We do not know whether the cost of
those services will be large or small.
For that reason, I have been unwilling
to go along with the Senators from the
two States which are so vitally af-
fected, either in recognizing their right
of taxation or in agreeing that they
should be allowed to have a fixed pro-
portion of the revenue, in lieu of taxes,
because I think none of us knows at this
time what kind of allowance should be
made in order to reimburse fairly the
States and communities for the ex-
penses they will undergo.
Mr. President, I do not believe I need
remind the Senate that throughout the
debate on this subject, not just this year,
but in every previous year since I have
been a Member of the Senate, I have
taken the position, to which I still ad-
here, that the area outside the State
lines should be developed by the Federal
Government, that the powers of the Fed-
eral Government must be exercised
there, that a Federal proprietorship
should be recognized there, and that the
profits accruing from the resources ob-
tained there should be recognized as
Federal Government revenue.
I still adhere to that position, and I
have adhered to it not only in connec-
tion with the passage of the previous
measure of this year, which already has
become law, but in connection with the
consideration of the pending bill which I
strongly support. We have insisted that
the assets obtained from areas outside
State boundaries, and extending out into
the Continental Shelf, shall be regarded
as purely and wholly Federal assets, and
that the profits obtained therefrom shall
be regarded as profits belonging to the
Federal Government and as revenue of
the Federal Government.
Mr. President, at this time we have be-
fore us a question of equity. I believe
we must treat the Federal Government
fairly, and I think we do so throughout
this bill, and the States also, except in
this one regard, namely, that I think
up to this time we have failed to make
allowance for the fact that there will be
these heavy local expenses incident to
providing the daily public services and
furnishing the public facilities to the
number of persons—and we believe there
will be many of them—who will be en-
gaged in the production of the resources
-------
STATUTES AND LEGISLATIVE HISTORY
2485
from the offshore areas beyond the State
boundaries. We do not know how many
persons will thus be involved, but we do
know that nine-tenths of the total Con-
tinental Shelf lies in the new Federal
area which we are recognizing under
this bill; and we know that the United
States Geological Survey, which I be-
lieve to be the most authoritative source
existing, states that at least five-sixths
of the oil and gas resources of the Conti-
nental Shelf will be found in this out-
side area.
The chances are that there will be a
great many thousands of people em-
ployed as workers out in this newly pro-
ductive area, which will add much, we
think, to the productive strength and
the power and wealth of the Nation.
Mr. President, as a question of equity,
is it not just and right to recognize that
the States bordering upon this area will
have peculiar burdens placed upon them,
and to set up a study group which will
report back to the Congress, so that we
shall be able properly to reimburse—
not go beyond reimbursement, simply
make fair repayment to the States—
that which they will have paid out by
way of the expenditure of public money
raised from other sources, to supply
public services to the personnel whom I
have mentioned? We are cutting off
their taxing power in this outer area;
and, I think, properly so. We do not
allow them to tax the plants that will
be constructed in these areas. The ad
valorem tax potential there will be very
great. We do not allow them to levy any
production tax or severance tax against
the assets that will be produced there;
and I think that is right, because I think
those assets are Federal assets.
Mr. President, I do not believe that
any Senator who looks this matter
squarely in the face will come to any
other conclusion than that the States
bordering upon these great, new Federal
areas of wealth production are going to
have to pay out considerable sums of
money from their tax revenues raised in
other directions in order to carry the
public expense and to furnish the pub-
lic services and facilities to the people
whom I have in mind.
So far as the Senator from Florida is
concerned, he has no desire to see any
part of this money ever go back to these
States, except that which will reim-
burse them; and he wants the Congress
to be the judge of what is fair. But he
does not want to see this principle go
unrecognized at the time of the passage
of this bill, nor to see us fail to set up
machinery designed to discover what is
the fair measure of reimbursement, in
order that fairness and justice may be
done when we have the facts before us.
Mr. President, every one of us knows
that in regard to this matter we have
been proceeding in a field of unique leg-
islation. The able words that have been
spoken by the distinguished Senator
from Oregon, who has so ably led, both
in the hearings and in the discussion
and analysis of the pending measure on
the floor, have made it abundantly clear
that we are dealing with something that
is unique in the way of public assets and
their development; and we have dealt
with the question very firmly insofar as
preserving and protecting the Federal
right is concerned. I am glad we have
done so. There were those who, when
we were discussing the earlier bill, feared
that we who, by a great majority of the
Senate, were supporting that bill to pro-
tect the maritime States in the owner-
ship of assets within their boundaries,
would be found trying to deny the Fed-
eral ownership of the outer Continental
Shelf and cut off from the Federal pro-
prietorship of that area some valuable
interest, or cut down the exclusive Fed-
eral control which this pending bill so
carefully and so properly recognizes.
We have shown very clearly that no such
apprehension was justified.
But I do not think that fact should
ever so becloud our minds that we should
shut our eyes to another fact, namely,
that the States are going to have these
extra expenses, that there are ample
precedents under which the Federal
Government is reimbursing States which
have unusual expenses because of their
-------
2486
LEGAL COMPILATION—WATER
rendition of services to Federal em-
ployees and to Federal activities, and
that we should recognize the principle
that we here have another such case, in
a little different sort of field, and that
[p. 7252]
we should set up a study group or body
to make a report to us as to what is the
fair measure of reimbursement.
Mr. President, I personally think we
are, many of us, prone to forget that
while there are but two States involved
now in this particular problem the prob-
lem may soon extend itself; and there is
not a person here who lives in a coastal
State, I may say, who is not hoping that
it will extend itself into his State. It
may extend itself into perhaps 21 or 22
States all told, and it will redound
greatly to the protection of the people
of those States and to the doing of jus-
tice and fairness on the part of the Fed-
eral Government to those States, few or
many, that may eventually become in-
volved in this problem, to have the
search immediately under way for a fair
program to determine how this problem
of reimbursement can best be handled.
Mr. KUCHEL. Mr. President, will the
Senator yield?
The PRESIDING OFFICER. Does the
Senator from Florida yield to the Sena-
tor from California?
Mr. HOLLAND. I yield.
Mr. KUCHEL. I should like to ask
the Senator to answer a question on the
basis of policy. I could agree that the
matter which the Senator presents and
which is implicit in the amendment
offered by the distinguished Senator
from Louisiana ought to be the subject
of study by appropriate committees of
the two Houses of Congress. I, for one,
if I continue to serve on the Committee
on Interior and Insular Affairs, shall be
most interested in requiring into what-
ever additional impact upon the services
which the abutting States would provide
could be measured. But I want to ask
the Senator what comment could he
make concerning the policy of writing
into legislation a suggestion such as that
which is part of the amendment now
before us? In other words, what prece-
dents have been established in our
legislative history to indicate that com-
mittees may be set up as a part of
substantive legislation? Would we not
be embarking upon something about
which we have no prior knowledge?
Mr. HOLLAND. I would say to the
Senator, certainly there is no objection,
at least in my opinion, to the setting up
of a study group. My recollection is
that in connection with the Marshall
plan, in connection with the antisub-
versive bill, and in connection with the
so-called McCarran Immigration Act,
and perhaps other acts, we have done
something of that sort. I believe a
precedent is also to be found in the Taft-
Hartley Act. One of the Senators sit-
ting on this side of the aisle has
suggested this, and I believe he is correct.
Certainly we are never going to be able
to escape certain kinds of legislation in
which we realize that our field of knowl-
edge is necessarily limited, and in which
we require more information before we
can work out the details. I think this
is a perfect case of that kind, because
nobody knows how much of the five-
sixths of the oil which is stated to be
outside the State boundaries, five-sixths
of that which lies in the whole Conti-
nental Shelf, we are going to be able to
produce. No one knows what will be
the number of individuals who will be
used in that great effort. No one knows
what burdens will be thrown upon the
communities along shore. But we know
they are going to be rather heavy bur-
dens. I want to call the attention of
the distinguished Senator from Cali-
fornia to the fact that there are two
belts involved here, the belt within State
boundaries, going out generally 3 sea
miles, and the belt going out from the
State boundaries to the Continental
Shelf. As to the belt within State
boundaries, there will be a certain num-
ber of persons working. Their families
will be living on shore. The States, as to
those, however, will be more than able
to carry the expenses; and we think it
-------
STATUTES AND LEGISLATIVE HISTORY
2487
will be not only easy for them to do so,
but we believe their participation there
should be profitable, because they are
going to have not only the rentals, not
only the bonuses, not only the royalties;
but they are also going to have the sev-
erance tax, and, in some instances, no
doubt, they will also have ad valorem
taxes upon the expensive platforms and
equipment which will be placed within
that area.
But the chances are that a very much
greater group of persons will be involved
in the development of the outer belt, so
that we shall find, once we recognize this
principle which I think is very clear, the
States protected in the financing of the
activities of that outer group who are
engaged in exactly the same work.
These two groups of persons will be
working in adjoining fields.
Mr. BUTLER of Nebraska. Mr. Presi-
dent, will the Senator from Florida
yield?
Mr. HOLLAND. I yield.
Mr. BUTLER of Nebraska. May I in-
quire whether the text of the amend-
ment now before us provides that the
Interior Committee of each House shall
be the group that will establish a study?
Mr. HOLLAND. The amendment be-
fore us provides that 6 Members of the
Senate and 6 Members of the House shall
constitute a joint commission which will
be given ample power and personnel to
study the question, because the question
is peculiarly a joint one. I would say
that I would expect the appointing
power, both here and in the House, cer-
tainly to give first recognition to the
members of the Interior Committees; but
there may be other committees which
may very properly be given recognition.
For instance, the Appropriations Com-
mittee might have personnel on the
joint commission, and the committee on
Government operations might want to
have some representation on that com-
mission. It is a peculiarly difficult ques-
tion of Federal-State relations and of
policy to be followed as we produce
these important new resources which
have been made available more by the
initiative of the adjoining States than
from any other source.
It seems a pity to think about passing
a bill which, while it recognizes the dom-
inant Federal interest, as I believe it
should, nevertheless does not allow for
such an obvious fact as that the States
will have to serve and furnish facilities
to the personnel involved, and to their
families. Surely, Mr. President, when
we are doing so many things in the field
of defense, not only defense production
but in connection with military installa-
tions, and in forests, national parks, and
the like; when we are doing things that
help to contribute to the revenue of the
local communities so they can be reim-
bursed in whole or in part for their gov-
ernment expenses, surely it is not a new
idea to recognize that the same principle
will have to apply here and that we
should establish machinery to discover
a fair rule and standard under which we
can reimburse the States and the local
communities for their expenses.
Mr. BUTLER of Nebraska. Mr. Presi-
dent, will the Senator from Florida yield
further?
Mr. HOLLAND. I yield.
Mr. BUTLER of Nebraska. Without
the provision as suggested by the pro-
posed amendment, does the Senator feel
that we would get the experience, any-
how, and that in the course of time legis-
lation would naturally come from that
experience?
Mr. HOLLAND. That would be quite
possible. I would say that that experi-
ence would certainly be acquired.
Whether it would be as soon or as clearly
available to the Congress is another
question. But we would have failed to
recognize what I think is a very clear
principle involved, that these people
have got to live somewhere. They are
not going to live out on the platforms
and have schools and hospitals there, at
a distance up to 120 miles out from the
shore. The families will be on the shore.
There is a stronger case for helping to
carry the expenses of local governments
than there is in many cases where we
now help, as in the case of allowing a
-------
2488
LEGAL COMPILATION—WATER
large portion of the revenue from the
national forests to go to the communi-
ties involved.
Mr. LONG. Mr. President, will the
Senator from Florida yield?
Mr. HOLLAND. I yield.
Mr. LONG. I wonder if the Senator
realizes that there has been some effort
to try to get the Committee on Interior
and Insular Affairs to study the question.
The Governor of the State offered to ar-
range for the expenses of the committee
to come down and look at the operation
but Senators were too busy. Senators
have been too busy with the pressure of
legislation in connection with the state-
hood bills to go and take a look at Hawaii
when a motion was made that we have a
look at that situation. This provision
would make it possible for both Houses
to appoint representatives to look at the
matter.
The PRESIDING OFFICER. The
time of the Senator has expired. The
yeas and nays have been ordered.
Mr. ELLENDER. Mr. President, this
is our third attempt to try to obtain
recognition of a reimbursement for
some of the costs and hardships that
•will be imposed on the people of the
coastal States. The first effort was an
amendment which I proposed, wherein
I attempted to obtain the consent of
Congress to permit the States to im-
pose a severance tax to take care of the
situation. That proposal failed.
The next attempt was an amendment
offered by my distinguished colleague,
which sought to extend State laws to
[p. 7253]
these newly found lands. That also
failed.
The pending amendment does not
authorize the payment of any money to
the States, but simply calls for a study
to be made of what the expenses are, and
a report on that study to the Congress.
The sole purpose of this amendment
is to discover, to what extent, the devel-
opment of the Federal submerged lands
is affecting the governmental economy
of an abutting State. It authorizes the
appointment of a congressional commit-
tee to study the problem, to ascertain if
any hardship is being worked on the
taxpayers of the coastal States, and if
such is found, to recommend ways and
means of compensating the State gov-
ernments for the attendant expenses.
This amendment would authorize the
expenditure of no money; it would grant
not one single cent of Federal funds to
any State whatsoever. It, rather, rep-
resents a reasonable and just attempt to
work equity between the Federal and
State governments. I ask the Senate to
consider what the pending amendment
embodies. Briefly, it states that if any
expenses are incurred by coastal States
in furnishing services of State and local
governments to persons residing in the
respective States by virtue of their em-
ployment on the submerged Federal
lands then—and only then—it is the
policy of the United States to reim-
burse the adjacent States. I ask Sen-
ators: Is this not reasonable? Is this
not sensible? Is this not equitable?
And, lastly, is this not necessary? I do
not see how any reasonable person could
possibly object to a congressional policy
directly solely towards preventing the
working of a hardship on one particular
segment of our population.
Not a dollar would be expended until
after the commission makes its study,
reports to the Congress, and the Con-
gress passes upon the recommendations
submitted.
I hope Senators will vote for this
amendment.
SEVERAL SENATORS. Vote! Vote!
Mr. CORDON. Mr. President, I have
approximately 20 minutes left. If the
pending amendment be adopted, the good
faith of the Congress of the United States
will be pledged to "reimburse the States
adjacent to the area of the outer Con-
tinental Shelf for expenses incurred by
such States in furnishing services of
State and local government to (1) indi-
viduals who are employed in connection
with operations described in section 4 (b)
of this act and who reside in such States,
(2) families of such individuals, and (3)
-------
STATUTES AND LEGISLATIVE HISTORY
2489
persons or companies engaged in such
operations who establish shore bases and
carry on other activities within such
States in support of such operations."
Mr. President, I was one of those who
stood foursquare through the years for
the basic proposition that submerged
lands within the boundaries of the mari-
time and Great Lakes States should
belong to those States. As acting chair-
man of the Senate Interim Committee, I
reported a measure for that purpose on
behalf of the committee this year, and
that measure has been passed and signed
into law as Public Law 31. Under that
measure, the right, title, and ownership
of the maritime States to all the natural
resources within their seaward bound-
aries was "recognized, confirmed, estab-
lished, vested in, and assigned to" the
several States. This action by the Con-
gress of the United States was one of
simple equity, in the opinion of the Sen-
ator from Oregon.
AREAS BEYOND STATE BOUNDARIES
However, Mr. President, there comes a
time when we must stop and take a look.
So when the call comes to go beyond
those submerged lands within State
boundaries into the area outside of those
States arid make a payment, then, in my
opinion, the time has come to take the
long look.
It has been said that there will be
many services performed for the people
who work on the structures in the outer
Continental Shelf, and that those serv-
ices are governmental services performed
by the States. There will be such serv-
ices performed, but, Mr. President, most
of the dollars these workers will receive
as wages—and those wages will be high—
will be spent in abutting coastal States
where most of them will live and main-
tain their families. They will buy food
and clothing there; pay for medical and
legal services; go to local theaters and
restaurants; buy automobiles and gaso-
line. On much of these goods and serv-
ices they will pay direct taxes. All of
their expenditures will increase the pros-
perity of the community and the State.
CONTRIBUTIONS TO STATES* PROSPERITY
Many of the workers engaged in off-
shore operations will own their own
homes in the abutting States. They will
do everything other citizens of the State
do there; they will pay their taxes there.
The companies holding the leases will
have to build and maintain very sub-
stantial shore installations within the
abutting States, and such shore installa-
tions will be subject to local taxes. If
a State does not have a system of taxa-
tion by which the capital investment
within the State can be reached, cer-
tainly it can provide such a system. This
is the ordinary ad valorem tax system
that is in operation in virtually all States
of the Union, so far as I am advised.
The corporations holding leases will
be spending very substantial sums for
equipment and supplies in the nearby
coastal States. I estimate that 80 cents
out of every dollar of overhead expended
in operations on the Continental Shelf
will be spent in the adjoining States.
If the principle set forth in the
amendment is to be adopted, then let
the same principle be carried throughout
the Federal code. Where is there any
difference between reimbursing a State
for services to its citizens who happen to
be working outside its borders, and re-
imbursing a State for services to fam-
ilies of its citizens who serve on board
our merchant vessels? Is there any dif-
ference? Where can it be found?
Yet every maritime State seeks to
build up the merchant marine, because
it represents a very definite economic
asset to the State. When the commer-
cial life of a State is built up, the pros-
perity of the State increases. The more
employment, the greater the tax reve-
nues.
COMPARISON WITH FEDERAL AREAS WITHIN
STATE
A comparison has been made between
the area on the outer Continental Shelf
and federally owned lands within States.
The difference lies in the fact that the
area of the Continental Shelf is not
-------
2490
LEGAL COMPILATION—WATER
within States; it is an area outside the
States. It is an area subject to the juris-
diction and control of the United States
of America.
Mr. LONG. Mr. President, will the
Senator yield?
Mr. CORDON. I have only a few
minutes. I hope the Senator from Lou-
isiana will allow me to finish. Then if
I have any time remaining, I shall be
happy to yield to him.
The propounding of this amendment
is simply chapter III in the attempt of
the States along the gulf to get some
portion of the receipts from the areas
outside of their boundaries. Call them
reimbursements; call them local taxes
or call them severance taxes, or what
have you; what is desired is some portion
of the receipts from Federal resources
in the area outside those States.
Mr. President, so far as I am con-
cerned, if I did not stand on my feet
and oppose this amendment, I would
feel I was guilty of bad faith to the
United States Senate. I do not believe
there is a Senator who did not under-
stand, when we passed the submerged
lands bill, that we were excluding from
its operation any interest on the part
of those States in an area outside their
boundaries. I intend to stand unequiv-
ocally upon that principle as it was
enunciated here, at least by the acting
chairman of the committee, when the
submerged lands bill, Senate Joint Reso-
lution 13, was before the Senate.
POSITION OF THE PRESIDENT
I am speaking for the President of the
United States when I say he is in opposi-
tion to the diversion of any money what-
soever derived from Federal resources on
the outer Continental Shelf to the abut-
ting States, just as strongly as he was
in favor of the principles of the Sub-
merged Lands Act.
Mr. President, if I have any time re-
maining, I yield to the Senator from
Louisiana.
Mr. LONG. Is the Senator from
Oregon of the opinion that the only
reason why his State receives SJVz per-
cent of all the revenues from minerals
produced on federally-owned land is by
virtue of the fact that that land is sit-
uated within the boundaries of his
State, or is he of the opinion that it is
by virtue of the services provided by his
State, such as police power and other
activities related to the operation of
that land?
Mr. CORDON. The State of the sen-
ior Senator from Oregon does not re-
ceive 37 Vz percent of the revenues from
minerals, because there are no minerals
in Oregon royalties of that kind are
received. The minerals in my State are
those which any individual can go out
and mine for himself. There is no tax
on them.
However, with respect to the States
which do receive such a percentage of
income, the only basis for it is that those
States have reserved from private own-
ership vast areas of public domain. The
[P- 7254]
Senator's State of Louisiana and all the
eastern States, on the other hand, de-
rive the full value from all land and
natural resources within their bound-
aries.
STATES SHARE REVENUES FROM LANDS WITHIN
BOUNDARIES
The State of the Senator from Ore-
gon has 52 percent of its total area with-
held by the Government of the United
States. That is one reason why Oregon
might expect some small share in the
revenues from those Federal lands
within its boundaries. Under those cir-
cumstances, 37% percent would be little
enough. But the STVa percent received
by the States from revenues from those
areas is paid because the areas are with-
in the State.
Mr. LONG. I am certain that the
Senator from Oregon intends to be ac-
curate. Is the Senator familiar with
the fact that in the State of Louisiana
there are vast Federal holdings, such as
Kisatchie National Forest? Yet of the
revenues from oil, gas, and timber, 25
percent goes to the State.
-------
STATUTES AND LEGISLATIVE HISTORY
2491
Mr. CORDON. I assume the Senator
is also aware of the fact that there
would not be one acre of that land in
a national forest had not the State of
Louisiana consented to its acquisition
by the Federal government. In the case
of Oregon, that State had not a word
to say. Oregon would like to have its
public lands, but it does not get them.
Mr. AIKEN. Mr. President, will the
Senator yield?
Mr. CORDON. I yield if I have time.
Mr. AIKEN. If Congress should ap-
prove the pending amendment, is there
any reason why the Federal Government
should not also assume responsibility for
the families of men who leave the many
ports of the United States in the fishing
fleets?
Mr. CORDON. That is exactly the
point I suggested with respect to sailors
in the merchant fleet.
Mr. AIKEN. Would not the same
principle apply so long as the home base
was on land, and the work was on water?
Mr. CORDON. It would seem to me
that exactly the same principle would
be involved.
Mr. President, I regret to have to
oppose the amendment, but it seems to
me to be diametrically opposed to the
whole philosophy of the legislation that
has been presented, and also to the
declaration that appears in one of the
final paragraphs, section 9, of the Sub-
merged Lands Act.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment offered by the Senator from Louisi-
ana [Mr. LONG] designated "6-24-53-E."
On this question the yeas and nays have
been ordered, and the Clerk will call the
roll.
The legislative clerk called the roll.
Mr. SALTONSTALL. I announce that
the Senator from Vermont [Mr. FLAN-
DERS], the Senator from Michigan [Mr.
POTTER], the Senator from New Jersey
[Mr. SMITH], the Senator from Ohio [Mr.
TAFT], and the Senator from Wisconsin
[Mr. WILEY] are absent on official busi-
ness.
If present and voting, the Senator
from Vermont [Mr. FLANDERS], the Sen-
ator from Michigan [Mr. POTTER], the
Senator from New Jersey [Mr. SMITH],
and the Senator from Wisconsin [Mr.
WILEY] would each vote "nay."
I also announce that the Senator from
Arizona [Mr. GOLD WATER], the Senator
from Wisconsin [Mr. MCCARTHY], and
the Senator from Oregon [Mr. MORSE]
are necessarily absent.
If present and voting, the Senator
from Arizona [Mr. GOLDWATER], the Sen-
ator from Wisconsin [Mr. MCCARTHY],
and the Senator from Oregon [Mr.
MORSE] would each vote "nay."
I further announce that the Senator
from New Hampshire [Mr. TOBEY] is ab-
sent by leave of the Senate.
If present and voting, the Senator
from New Hampshire [Mr. TOBEY] would
vote "nay."
The Senator from New York [Mr. IVES]
is absent by leave of the Senate, having
been appointed a delegate to attend the
International Labor Organization Con-
ference at Geneva, Switzerland.
Mr. CLEMENTS. I announce that the
Senator from New Mexico [Mr. CHAVEZ],
the Senator from Tennessee [Mr. GORE],
the Senator from Minnesota [Mr. HUM-
PHREY], the Senator from Massachusetts
[Mr. KENNEDY], and the Senator from
Virginia [Mr. ROBERTSON] are absent on
official business.
The Senator from Arkansas [Mr. FUL-
BRIGHT] is absent by leave of the Senate.
The Senator from North Carolina [Mr.
SMITH] is absent because of illness.
The result was announced—yeas 18,
nays 61, as follows:
* * # * *
So Mr. LONG'S amendment designated
"6-24-53-E" was rejected.
Mr. BARRETT. Mr. President, I offer
the amendment which I send to the desk
and ask to have stated.
The PRESIDING OFFICER. The
amendment offered by the Senator from
Wyoming will be stated.
The LEGISLATIVE CLERK. On page 23,
line 25, after the word "bid", it is pro-
posed to insert the words "by sealed
bids".
-------
2492
LEGAL COMPILATION—WATER
Mr. BARRETT. Mr. President, the
purpose of this amendment is to require
that bids for sulfur leases be on a sealed-
bid basis the same as required for bids
for oil and gas leases. Mr. President,
I wish now to speak for a few moments
on the royalty provisions for sulfur de-
velopment.
I am very much concerned about the
provision on page 24 for a minimum roy-
alty of 10 percent on sulfur leases. My
information is that it would be impos-
sible for any operator on the outer
Continental Shelf to carry on sulfur op-
erations and pay a minimum royalty of
10 percent.
Sulfur is an indispensable and a vital
material for our national security. Be-
fore World War II we had a tremendous
surplus of sulfur, but since then it has
become increasingly scarce in our econ-
omy. New chemical discoveries have
resulted in a terrific increase in the de-
mand for sulfur. Our farmers need it
for fertilizers. We must have it for
newsprint, tires, oil refining, in steel
manufacturing, and in the making of
munitions.
About 90 percent of all the sulfur in
the world is produced from shallow
domes on the coastal plains of Texas
and Louisiana of from 200 to 2,000 acres.
The average size of a dome is 1,000 acres.
In order to develop the domes in that
area it is necessary to drill about 20 wells
around the perimeter of the dome, which
is in the nature of an inverted saucer,
and it costs about $500,000 to prove
whether a structure is commercially
feasible. It is not a small operation to
prove or disprove a producing and feasi-
ble dome.
When one goes out on the Continental
Shelf it costs about 5 times as much to
prove the feasibility of a dome. So it
will cost in the neighborhood of $2%
million to prove whether a structure is
going to be commercially feasible.
It seems to me that a royalty of 10
percent which is twice the flat royalty in
my State for sulfur operations, or 3
times the rate which the State of Louisi-
ana is collecting for some of its sulfur
leases at the present time, or about 2%
times the rate paid to private owners in
that area, will make it almost impossible
to get any production or any sulfur de-
velopment on the outer Continental
Shelf.
Mr. MILLIKIN. Mr. President, will
the Senator yield?
Mr. BARRETT. I am glad to yield to
the distinguished Senator from Colo-
rado.
Mr. MILLIKIN. Does the Senator
from Wyoming know of any public leases
granted by States which provide for a
royalty as high as 10 percent?
Mr. BARRETT. I know of none.
Mr. MILLIKIN. I mean where they
are getting 10 percent, as distinguished
from a figure in a lease.
Mr. BARRETT. I know of none
where sulfur is being produced, I will
say to the distinguished Senator from
Colorado. I believe in the State of Lou-
isiana there are three operating sulfur
leases at the present time in which the
royalty is 75 cents a long ton, which,
at the present price of sulfur, amounts
to a 3-percent royalty.
[p. 7255]
Mr. MILLIKIN. I have received in-
formation that although some leases con-
tain a higher figure, there are no pro-
ducing leases which pay as much as 10
percent in royalty. Does the Senator
from Wyoming have any information
to the contrary?
Mr. BARRETT. I may say that I do
not have any information to the con-
trary. I believe the Senator from Colo-
rado is exactly correct about the matter
and that it will be impossible to obtain
operators willing and able to pay a 10-
percent royalty.
Mr. MILLIKIN. Mr. President, will
the Senator from Wyoming permit me,
by unanimous consent, to ask a ques-
tion of the Senators from Texas and
Louisiana on that subject.
Mr. BARRETT. I shall be delighted
to do so.
Mr. MILLIKIN. I should like to ask
the distinguished Senator from Louisi-
-------
STATUTES AND LEGISLATIVE HISTORY
2493
ana [Mr. LONG] what royalty is paid on
sulfur in Louisiana. I refer to the effec-
tive royalty. By effective I mean the
rate which the State of Louisiana is
actually getting from production.
Mr. LONG. I believe some affidavits
were put in the RECORD yesterday by the
Senator from Utah [Mr. WATKINS] which
detail that information. On actual sul-
fur production, most of it has had a
royalty of 75 cents a long ton, and a long
ton sells for about $26. If the Senator
makes the calculation he will find that
perhaps about 3 percent is the amount
of royalty being received on the leases.
Of course, I want to make it clear that
some Louisiana leases do provide for
higher sulfur payments, but no sulfur
is being produced. In fact, for the most
part those are mostly gas leases, in which
the person taking the lease seeks the
production of oil and gas, and if he pro-
duces sulfur—which, of course, he does
not produce—he would pay the higher
percentage on sulfur. So far as can be
determined, no one is paying 10 percent,
or anything like 10 percent.
Mr. MILLIKIN. That is exactly the
distinction I was trying to develop. May
I ask the distinguished Senator from
Texas the same question?
Mr. BARRETT. I am delighted to
yield for that purpose.
Mr. MILLIKIN. I am trying to de-
velop what the States actually get in
the way of royalty, as distinct from any
provisions in leases.
Mr. DANIEL. The Texas statute as to
sulfur provides for a royalty of 12% per-
cent. However, the land commissioner
of Texas has given to the committee, at
the request of some of the committee
members, a statement showing that no
leases have been developed and no pro-
duction has ever been obtained on leases
requiring that much royalty. I believe
the only production of sulfur on State
lands was under a lease calling for some-
thing around 6 percent. It is true that
at one time oil, gas, and sulfur were
leased under the same leases, calling for
12% percent. At this time in Texas it
is required that oil and gas be leased
separately from the sulfur. The leases
thus far, of course, are for operations on
dry land, or under inland waters. Ac-
tually, so far as any drilling or produc-
tion in the open sea is concerned, there
has been none with respect to sulfur.
Mr. MILLIKIN. Would it not be fair
to assume that the operation of sulfur
wells on the high seas would be a very
much more expensive process than on
dry land?
Mr. DANIEL. That is evident.
Mr. MILLIKIN. Mr. President, will
the Senator from Wyoming yield fur-
ther?
Mr. BARRETT. I am delighted to
yield to the Senator from Colorado.
Mr. MILLIKIN. What royalty provi-
sion is the Senator from Wyoming pro-
posing?
Mr. BARRETT. I had not offered an
amendment to change the royalty, I will
say to the distinguished Senator from
Colorado. I brought up the subject for
the purpose of calling attention of the
committee to this excessive royalty and
to request that the committee consider
reducing the figure to 5 percent when the
bill is in conference. The House pro-
vision sets no minimum royalty. It
leaves it entirely to the discretion of the
Secretary. If the minimum were set at
not less than 5 percent the Secretary
could get 10 percent or 20 percent if any
would be willing to pay such a figure.
The question that was raised by the Sen-
ator's colloquy with the Senators from
Texas and Louisiana makes it clear that
the cost of drilling a dome out on the
Continental Shelf will be five times as
much as drilling on land in Texas and
Louisiana.
In addition to that, geologists estimate
that only 1 out of every 20 domes that are
drilled out in submerged lands of the
outer Continental Shelf will ever prove
commercially feasible, whereas 1 out of
10 domes on land in Texas and Louisiana
have proved commercially feasible.
That is because the expense of the re-
covery of the sulfur will be tremendous.
They will have to install expensive steam
plants in order to heat water up to a
-------
2494
LEGAL COMPILATION—WATER
temperature of 300 degrees Fahrenheit
for pumping into the well for the purpose
of melting the sulfur and bringing it out
in a liquid solution. After the sulfur is
brought up, heated barges will have to
be used to convey the sulfur solution to
the coast. It is a very expensive opera-
tion. It seems to me that it is very un-
wise to set in the bill a figure for royalty
on sulfur much higher than is prevalent
where sulfur is produced under far more
favorable and less expensive operations
on land. The result will be to make it
difficult, if not impossible, to develop the
sulfur deposits in the outer Continental
Shelf.
Mr. MILLIKIN. In the opinion of the
Senator from Wyoming, would a royalty
of 10 percent be a discouraging one, so
far as the discovery and production of
sulfur are concerned?
Mr. BARRETT. Most assuredly it
would be.
Mr. MILLIKIN. If the minimum roy-
alty established were less, let us say,
than that actually collected by the States
of Louisiana and Texas, it would be only
a minimum, and could be adjusted up-
ward if experience indicated a need to
do so. Is not that correct?
Mr. BARRETT. That is correct.
Mr. MILLIKIN. I should like to iden-
tify myself with the suggestion of the
distinguished Senator from Wyoming
that the matter be kept in mind by the
conferees and be worked out in confer-
ence, if possible.
Mr. BARRETT. I thank the Senator
from Colorado.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from Wyoming [Mr.
BARRETT].
Mr. ANDERSON. Mr. President, I
should like to have the amendment
stated again.
The PRESIDING OFFICER. The
amendment will be restated.
The CHIEF CLERK. On page 23, in line
25, after the word "bid", it is proposed to
insert "by sealed bids."
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from Wyoming.
Mr. CORDON. Mr. President, I have
no particular objection to the amend-
ment of the Senator from Wyoming.
The question is simply whether the Sec-
retary shall have discretion to offer the
lease on an open-auction basis or by
sealed bids. Ordinarily I assume a
sealed bid might be preferable. It makes
no difference to me, and it cannot make
very much difference in the bill. Per-
haps the approach proposed by the
amendment might be a sounder one.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from Wyoming [Mr.
BARRETT] .
The amendment was agreed to.
Mr. DANIEL. Mr. President, I call up
my amendment numbered 6-24^53-C,
and ask that it be stated.
The PRESIDING OFFICER. The
amendment will be stated.
The CHIEF CLERK. On page 11, be-
tween lines 1 and 2, it is proposed to
insert the following:
In the enforcement of conservation laws,
rules, and regulations the Secretary is au-
thorized to cooperate with the conservation
agencies of the adjacent States, and, if he
deems it advisable, the Secretary is author-
ized to make use of such State agencies, fa-
cilities, and employees as may be made avail-
able to him.
Mr. DANIEL. Mr. President, this
amendment simply authorizes the Secre-
tary to cooperate with the State con-
servation officials of the adjacent States.
The Secretary will not be required to do
anything in that connection; but this
amendment will give him authority to
cooperate and to use any State facilities
which might be made available to him.
This could result in saving the United
States Government considerable money.
It has been estimated that it will cost
$500,000 to duplicate the State conserva-
tion agencies, by means of a separate
Federal agency.
The Secretary may find it necessary to
establish a separate Federal agency. On
the other hand, this amendment would
permit him to see whether he can co-
operate with the State officials, to the
-------
STATUTES AND LEGISLATIVE HISTORY
2495
extent of using their facilities and em-
ployees and thereby integrate the con-
servation programs of the adjacent State
and Federal areas. This will work to the
advantage of both governments and will
[p. 7"256]
save both of them from considerable du-
plication of expenses.
Mr. CORDON. Mr. President, will the
Senator from Texas yield to me?
Mr. DANIEL. I yield.
Mr. CORDON. There would be no
particular objection to authorizing coop-
eration between the Secretary and the
conservation agencies of the adjacent
States, although I believe such an au-
thorization is unnecessary. In my opin-
ion, the Secretary could cooperate
without such an authorization, and
would do so; and in the report the com-
mittee itself urged such cooperation.
However, in addition to such authoriza-
tion, there is in the amendment the
following:
To make use of such State agencies, facili-
ties, and employees as may be made available
to him.
Is it contemplated by the Senator from
Texas, as the author and sponsor of the
amendment, that there will be any reim-
bursement for any services which might
be rendered pursuant to that authoriza-
tion?
Mr. DANIEL. No, there is not. It
seems that the Senate has crossed that
bridge, and that, regardless of what the
States may do to help the Federal Gov-
ernment in this area, they will not be
paid any compensation under this bill.
My amendment simply provides that
the States which are willing to cooperate
without reimbursement may do so, and
that if the Secretary deems it advisable
he may take advantage of their services
and may cooperate with them.
As the committee pointed out, we must
have cooperation if we are to have a con-
servation system that will be proper for
both the State areas and the Federal
area.
Mr. CORDON. I am certain that such
cooperation is needed and must be had,
and I am reasonably certain that it will
be had in any event.
If it be understood that this amend-
ment does not contemplate any obliga-
tion of a financial nature on the part of
the Federal Government in connection
with such cooperation or use of the State
agencies, I would feel that, although
probably the amendment is unnecessary,
certainly it will in no wise interfere with
proper operations.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from Texas [Mr.
DANIEL],
Mr. MONRONEY. Mr. President,
since the conservation agencies of the
individual States are largely in control
of the allowable oil runs, I wish to ask
if there is any intention, in connection
with the amendment, to transfer the
Federal allowables to the tideland States,
and thereby increase their proportion-
ate share in supplying the United States
oil market. Thus, the amendment, if
adopted, might offer to the tideland
States a greater share of the total allow-
ables than they otherwise would have
without cooperation of the State con-
servation agencies.
Mr. DANIEL. No; not at all. The
amendment would not change in any
degree whatever the situation which
exists today.
Mr. MONRONEY. Do I correctly
understand that the amendment does
not mean and could not be construed
to mean that any portion of allowable
oil runs which might be available to the
Federal Government from the offshore
area could be diverted to the use and
benefit of the tideland States?
Mr. DANIEL. Not at all. There will
be a separate set of allowables for the
States, as there is today; and then the
Federal Government will set up its sys-
tem of allowables in this area of the
Continental Shelf. However, the State
and Federal agencies must cooperate in
fixing allowables for their respective
areas if we are to preserve a real con-
servation program.
Mr. MONRONEY. I merely wish to
-------
2496
LEGAL COMPILATION—WATER
clarify that matter, so that the Federal
allowables could not be transferred to
the adjacent States allowables, thereby
depriving the inland States of their share
of the national quotas.
Mr. DANIEL. Correct.
Mr. ANDERSON. Mr. President, the
question asked by the Senator from
Oregon clears up this matter completely
in my mind. These areas are extensions
of the land mass, and the adjoining
States have a great knowledge of the
porosity of the soil and the nature of
the oil development. I think they could
be useful.
Inasmuch as the question of expense
has been cleared up by the Senator from
Oregon, I see no objection to the amend-
ment.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from Texas [Mr.
DANIEL].
The amendment was agreed to.
Mr. LONG. Mr. President, I offer the
following amendment: On page 5, in
line 5, after the words "judicial dis-
trict", insert the words "of the adjacent
State."
The PRESIDING OFFICER. Has the
amendment been printed?
Mr. LONG. No, Mr. President; but I
offer it at this time, namely, that after
the words "judicial district", the words
"of the adjacent State" be added, on page
5 of the bill, in line 5.
I shall state the purpose of the amend-
ment. Inasmuch as Congress has de-
cided in favor of exclusive Federal
jurisdiction when some case or contro-
versy may arise on the outer Continental
Shelf, it should be made clear that the
judicial district in which the case will be
tried will be the judicial district which
would be within the extended State
lines, if the lines were to be extended
under that section.
In other words, the section provides
that when the Federal law is silent, the
State law will apply to any case or con-
troversy which may arise, and that the
President of the United States may pro-
vide for extension of State lines, in order
that it may be known what State law
would be applicable in these various
areas.
This amendment would simply make
clear that those cases would be tried
within one of the Federal districts with-
in the State within the adjacent State.
Mr. CORDON. Mr. President, will the
Senator from Louisiana yield to me?
Mr. LONG: I yield.
Mr. CORDON. I desire to state that
I am in agreement with the Senator
from Louisiana in connection with this
matter; and that the committee, at the
time when it authorized the bill to be
reported, also authorized the Senator
from Texas, the Senator from Louisiana,
and the Senator from Oregon, the act-
ing chairman, to work out appropriate
language which would do what this
amendment will do for insertion in the
bill at this point.
So I have no objection to the amend-
ment.
The PRESIDING OFFICER. The
question is on agreeing to the amend-
ment of the Senator from Louisiana [Mr.
LONG].
The amendment was agreed to.
The PRESIDING OFFICER. The bill
is open to further amendment.
Mr. LONG. Mr. President, I have of-
fered a further amendment, which I will
not insist upon, since the distinguished
acting chairman is opposed to it. It re-
lates to the same section, on page 4,
starting with line 18, where I proposed to
strike out the words "Except for such
matters as are prescribed by law to be
within the exclusive jurisdiction of the
United States Customs Court and the
United States Court of Customs and Pat-
ent Appeals." It is my impression that
those words are unnecessary.
Mr. CORDON. Mr. President, will the
Senator from Louisiana yield?
Mr. LONG. I yield to the Senator
from Oregon.
Mr. CORDON. That particular lan-
guage was placed in the bill at the
request of the Department of the Treas-
ury, for the purpose of safeguarding the
special jurisdiction of the courts named.
-------
STATUTES AND LEGISLATIVE HISTORY
2497
The Senator from Oregon hopes the
Senator from Louisiana will not insist
upon his amendment,
Mr. LONG. As I stated, Mr. President,
if the Senator feels that that language
is necessary, I shall have no objection
to it. I therefore withdraw the amend-
ment.
The PRESIDING OFFICER. The
Senator from Louisiana withdraws his
amendment. The bill is open to further
amendment.
Mr. DANIEL. Mr. President, I send
to the desk an amendment, and I ask
unanimous consent that it be not read.
The PRESIDING OFFICER. Is the
Senator from Texas asking unanimous
consent that the amendmet be printed
in the RECORD, but not read?
Mr. DANIEL. I so request.
The PRESIDING OFFICER. Is there
objection?
There being no objection, the amend-
ment was ordered to be printed in the
RECORD, as follows:
On page 17, line 2, after the word "Act",
insert a colon and add the following: "Pro-
vided, That such sums collected in lieu of
State taxes shall be deposited in a special
fund in the Treasury of the United States
to be dosposed of as the Congress may direct
after the Congress has determined if the
adjacent States are entitled to receive any
portion thereof as compensation for public
services rendered on the shore to those en-
gaged in exploring for and developing the
natural resources of the outer Continental
Shelf "
Mr. DANIEL. Mr. President, the
enactment of the pending bill will rank
[p. 7257]
high among the important events in the
history of our Nation. By this act, Con-
gress will add to the territory of the
United States an area of approximately
235,892 square miles.
The subsoil and seabed of the Conti-
nental Shelf adjacent to our Nation com-
prises a land area more than half the
size of the Original Thirteen States and
almost one-third as large as the Loui-
siana Purchases.
For many years I have advocated that
the Congress should officially extend the
jurisdiction of the United States over
this vast area of submerged land and
that the coastal States should extend
their jurisdiction for local purposes.
Two of our coastal States led the way in
this venture. Long before any official
of the United States asserted a claim for
the Nation, Louisiana, in 1938, extended
its jurisdiction out on the Continental
Shelf for a distance of 27 miles. Texas
took similar action in 1941, and further
extended its jurisdiction to the edge of
the shelf in 1945. Both States began
to lease and develop the area. Although
their title to the land was denied by the
Supreme Court of the United States in
1950, it was recognized by the Court that
the actions of Louisiana and Texas
inured to the benefit of the Nation and
strengthened the claim of our Nation to
the outer Continental Shelf. With spe-
cial reference to Louisiana, the Supreme
Court said:
Louisiana's enlargement of her boundary
emphasizes the strength of the claim of the
United States to this part of the ocean and
the resources of the soil under that area,
including oil. (339 U.S. 699.)
The first assertion of the Nation's
rights in the subsoil and seabed of the
outer Continental Shelf was made by
Presidential proclamation on September
28, 1945. The President asserted that:
The Government of the United States re-
gards the natural resources of the subsoil
and seabed of the Continental Shelf beneath
the high seas but contiguous to the coast
of the United States as appertaining to the
United States, and subject to its jurisdic-
tion and control.
Soon thereafter many other nations
began asserting similar claims. These
now include Argentina, Brazil, Chile,
Costa Rica, El Salvador, Guatemala,
Honduras, Mexico, Nicaragua. Pakistan,
Panama, Peru, the Philippines, Saudi
Arabia, colonies of the United Kingdom,
various Arab states under the protec-
tion of the United Kingdom, and the
Union of South Africa.
In view of these actions by leading na-
tions of the world and the acceptance of
the Continental Shelf doctrine by the
-------
2498
LEGAL COMPILATION—WATER
leading authorities and organizations
concerned with international law, it is
now safe to say that the theory first ad-
vanced by two States of the American
Union has grown into general acceptance
as a principle of international law. The
theory is that the Continental Shelf is
merely an extension of the land mass
of the coastal State or nation; that its
usefulness is dependent upon coopera-
tion from the shore; and that these con-
siderations entitle the littoral state or
nation to exclusive jurisdiction and
control over the area and its resources.
This theory has been approved by the
United Nations Commission on Interna-
tional Law and the International Law
Association. I had the honor of present-
ing a paper on the subject and defending
the claims of the United States at the
meeting of the International Law Asso-
ciation in Copenhagen, Denmark, in
1950.
It should be noted that all of these
developments on behalf of the United
States and in the councils of interna-
tional law occurred without any official
action by the United States Congress
until its enactment this year of Senate
Joint Resolution 13—the Submerged
Lands Act, Public Law 31, 83d Con-
gress. In section 9 of that act the Con-
gress first confirmed the jurisdiction
and control of the United States over
the natural resources of the subsoil and
seabed of the outer Continental Shelf.
Even with all of these developments it
has remained for the pending bill to ex-
tend territorial jurisdiction over the
outer shelf. It is this bill which will
first extend the Constitution and laws of
the United States and of the adjacent
States to the area. It is this bill which
will make it clear that the rights of the
United States extend to the entire sea-
bed and subsoil of the outer shelf rather
than merely to its natural resources.
Heretofore, it has been contended by
some that the Presidential proclamation
of 1945 was intentionally limited to nat-
ural resources, and that the United
States has not proceeded as far as the
other countries, which annexed the en-
tire subsoil and seabed of their conti-
nental shelves. On the other hand, many
distinguished writers, including M. W.
Mouton, Sir Cecil Hurst, F. A. Vallet,
George Conn, Richard Young, Henry
Holland, and L. C. Green, contend that
the Presidential proclamation asserted
claims tantamount to sovereignty over
the entire subsoil and seabed.
Whatever may have been said about
the effect of the proclamation, this bill
will settle the issue. The words of pos-
sible limitation, natural resources, have
been dropped in the present draft of S.
1901, and our claims are asserted to the
entire subsoil and seabed of the outer
Continental Shelf. Although the words
"sovereignty" and "territory" are not
used, there is no question that our asser-
tion of jurisdiction and control will
amount to sovereignty over the seabed
and subsoil that the area will become
territory of the United States. This was
conceded in the testimony of the Assist-
ant Attorney General of the United
States, Mr. J. Lee Rankin, and the
Deputy Legal Adviser of the Department
of State, Mr. Jack B. Tate. This is one of
the most important features of S. 1901,
and it is the approach for which I have
contended as the best means of securing
our claims against any opposing claims
that might be made by other nations.
No other nations have yet opposed the
claims of the United States, but there is
a small and vocal group of international
lawyers who have consistently argued
that the outer shelf belongs to the fam-
ily of nations and that it should be de-
veloped and controlled by the United
Nations or some other international or-
ganization for the benefit of all the na-
tions of the world. This group has not
been able to prevail even in this era of
internationalism, and the passage of this
bill will do much toward lessening the
effect of their arguments. This act will
place the United States along side the
many other nations which have without
hesitation included their adjacent sea-
bed and subsoil as "territory." Most of
them have employed terms of "sover-
eignty," "boundaries," or "annexation."
-------
STATUTES AND LEGISLATIVE HISTORY
2499
There are many other provisions of
S. 1901 which I heartily endorse and ap-
prove. For instance, in my opinion, the
Committee on Interior and Insular Af-
fairs, under the acting chairmanship of
the distinguished Senator from Oregon,
has made a wise decision in applying
Federal and State laws to the area the
same as they are now applicable to land
territory, rather than applying maritime
law as was once contemplated. Also,
section 6 will render justice and equity
to those lessees who purchased leases in
good faith from the States and will per-
mit them to continue their operations.
Section 8 will permit the Secretary of the
Interior to make new leases of oil, gas,
and other minerals so that development
of essential natural resources may soon
proceed in the interest of the Nation.
The amendment just adopted will
authorize cooperation with the States in
conservation matters. That will help
both the Nation and the States.
Because of what this bill will accom-
plish for our Nation and because of the
many days and hours which the junior
Senator from Texas has spent in arork-
ing on various parts of the legislation, I
wish it were possible for me to vote for
the measure. However, there are cer-
tain omissions and basic inadequacies
which I cannot approve. These deal
primarily with the bill's failure to apply
the historic policy of the Nation with
reference to our dual system of State
and Federal powers of Government.
They are inadequacies which I hope will
be remedied by future legislation, and
for that purpose as well as by way of
explanation of my vote against the bill,
I refer to them now.
By failing to extend concurrent State
jurisdiction for local governmental pur-
poses, the bill (1) disregards the neces-
sity of cooperation from the shore for
successful development of the outer
shelf, and (2) it fails to compensate the
adjacent States for the public services
which they render on shore to the
companies and individuals engaged in
operations on the adjacent outer shelf.
It will be noted that I am referring to
services rendered by the States on shore,
not on the outer shelf itself. All of the
evidence before our committee showed
that the outer shelf operations are am-
phibious in nature. They begin on shore
where the companies have their bases
and supplies, and where the laborers live
and enjoy the police protection and gen-
eral services of government rendered by
the adjacent States. The heavy trucks
and other equipment use State highways
and roads; the employees' children at-
tend State schools; the products from the
outer shelf are piped or barged back to
shore where they are stored or trans-
[p. 7258]
ported in pipelines on State lands or on
private property subject to condemna-
tion under State laws. Every State
service is rendered to the companies and
employees engaged in outer-shelf opera-
tions that is rendered to those engaged
in drilling on shore, and the States
should at least be permitted to continue
to receive the taxes levied upon private
lessees the same as they have been in
the past.
Failure to recognize and provide for
cooperation with and concurrent juris-
diction of the States in local matters will
not only result in unnecessary expenses
and losses on the part of the Federal
Government, but it will ignore our basic
concept that the jurisdiction of the
States should be coextensive with that
of the United States on this continent.
Indeed, there is considerable doubt that
the Nation has the right to extend its
jurisdiction over territory adjacent to
the States without permitting their con-
current extension of jurisdiction. This
was first indicated by the Supreme Court
of the United States in the case of Har-
court v. Gaillard (12 Wheat. 523 (1827)),
in the following words:
There is no territory within the United
States that was claimed in any other right
than that of some one of the Confederate
States; therefore, there could be no acquisi-
tion of territory made by the United States,
distinguished from, or independent of, some
one of the States.
Again the Supreme Court said in Scott
-------
2500
LEGAL COMPILATION—WATER
v. Saniord (19 How. 393, 446 (1856)):
There is certainly no power given by the
Constitution to the Federal Government to
establish or maintain colonies bordering on
the United States or at a distance, to be
ruled and governed at its own pleasure; nor
to enlarge its territorial limits in any way,
except by the admission of new States. • * *
no power is given to acquire a territory to be
held and governed permanently in that
character.
With specific reference to submarine
areas adjacent to the coastal States, the
Supreme Court of Massachusetts, which
then included Mr. Justice Holmes and
Mr. Justice Field, said in Commonwealth
v. Manchester (25 N. E. 113 (1890)):
There is no belt of land under the sea ad-
jacent to the coast which is the property of
the United States and not the property of
the adjacent States.
In affirming the Manchester case, the
Supreme Court of the United States said
in Manchester v. Massachusetts (139
U. S.240):
The extent of the territorial jurisdiction
of Massachusetts over the sea adjacent to its
coast is that of an independent nation; and,
except so far as any right of control over this
territory has been granted to the United
States, this control remains with the State.
* * • Within what are generally recognized
as the territorial limits of States by the law
of nations, a state can define its boundaries
on the sea.
Clearly, it would appear from these
cases that for State purposes, the coastal
States have the right under our dual
system of sovereignties to extend their
jurisdiction over the seabed and subsoil
concurrently with the Federal jurisdic-
tion. This is even more apparent when
we look to the basis upon which the
Nation claims the right to extend its
jurisdiction over the adjacent seabed
and subsoil.
Mr. President, I think it would be of
interest to the Members of the Senate
who are present to discuss the theory
upon which the rights of the Nation are
said to rest.
According to the Presidential Procla-
mation of 1945, the rights of the Nation
are said to depend upon the fact that:
The effectiveness of measures to utilize or
conserve these resources would be contingent
upon cooperation and protection from the
shore, since the Continental Shelf may be
regarded as an extension of the land mass
of the coastal nation and thus naturally
appurtenant to it, since these resources fre-
quently form a seaward extension of a pool
or deposit lying within the territory.
In other words, because it is adjacent
and appurtenant, and because its devel-
opment requires cooperation from the
shore, our Nation is entitled to exclusive
jurisdiction rather than sharing it with
some foreign nation or with the family
of nations. Where do the States come
in under our dual system of sovereign-
ties? Certainly, if it is an extension of
the continental land mass of the Nation,
it is an extension of the land mass of the
coastal States.
Cooperation and protection from the
shore are furnished by the State gov-
ernments. The Continental Shelf can-
not be an extension of the land mass
of our Nation without also being an ex-
tension of the land mass of one of the
coastal States. It is naturally appur-
tenant to a coastal State if it is appur-
tenant to the United States. And, as said
in the proclamation, the resources of the
outer shelf frequently form a seaward
extension of a pool or deposit lying
within the historic boundaries of the
coastal States. Therefore, every condi-
tion which warrants extension of na-
tional jurisdiction over the area also
warrants extension of State jurisdiction.
This is a natural consequence of our dual
system of sovereignties. Under our sys-
tem, there is no need for conflict, because
Federal ownership of the land and Fed-
eral laws can exist concurrently with
State jurisdiction for local purposes the
same in this area as in any other area
within or contiguous to the States of our
Nation.
Lest someone should say that this is
an argument for State ownership of the
lands of the outer shelf, it should be said
that since the Supreme Court decision
of 1950 the States have not claimed to
own any of the lands beyond their his-
toric seaward boundaries, and their offi-
cials have not proposed that this bill or
any other bill should award to the States
-------
STATUTES AND LEGISLATIVE HISTORY
2501
the ownership of any of the property.
The Federal Government owns 24 per-
cent of all the land within continental
United States, and it is scattered
throughout the 48 States. The States
exercise their local governmental powers
in the area where the land is located
without owning the land; they admin-
ister their conservation laws, criminal
laws, workmen's compensation laws; and
they collect occupation taxes from pri-
vate lessees engaged in producing re-
sources from federally owned lands
without interfering in any manner with
the Federal ownership or management
of the property. That is the type of ju-
risdiction which the States are entitled
to exercise in the outer shelf. They do
not need a share of the proceeds received
by the Federal Government from the
lands, although such division of proceeds
is made on other federally owned lands
and should be made here, if the States
are permitted to levy their regular oc-
cupation taxes to pay for the cooperation
and services that they will necessarily
render on the shore to those engaged in
operations on the outer shelf.
S. 1901 wisely applies State laws in
all fields not covered by Federal law,
but says that they shall be enforced by
Federal officials instead of State officials.
Why should this duplication of expense
be necessary? For instance, in the field
of conservation, as shown by the com-
mittee report, page 3, the States have
excellent conservation laws and prac-
tices, and the evidence shows that State
officials and employees can administer
conservation on the outer shelf in coop-
eration with the Federal landlord with-
out any substantial increase in expense
to the States. On the other hand, it will
cost the Federal Government a mini-
mum of $500,000 per year to set up a
duplicate corps of employees to admin-
ister the same conservation laws and
regulations in this contiguous area.
Instead of permitting the States to
have jurisdiction for the purpose of tax-
ing private lessees engaged in operations
on the outer shelf, S. 1901 takes away
the State taxes heretofore levied on ex-
isting leases and collects the equivalent
sum as an added royalty for the Federal
Government—section 6 (a) (9), page 16.
Will the Federal Government furnish the
services for which these taxes have been
collected in the past? Certainly not.
These taxes have been used for highways
and roads, schools, pensions, and other
State services which the States will con-
tinue to render to outer shelf operators
and their employees who live upon and
work from the shore.
S. 1901 provides for no taxes or addi-
tional royalties in lieu of taxes on future
leases. This is a windfall for the oil
lessees on the outer shelf. On one side
of the line marking the historic seaward
boundaries of the States the companies
will be paying occupation taxes to the
States and on the other side of the line
they will be completely free of such pay-
ments. Such a situation is of itself un-
fair to the States and to their lessees,
some of whom will be operating in the
same field or deposit which is bisected
by the historic boundary line between
the State and the outer shelf. This field
of taxation is one in which the States
can obtain their compensation for on-
shore services without any cost or loss
to the Federal Government.
I hope that as time passes this body
will correct the error of omitting con-
current jurisdiction of the States, be-
cause it is an omission which will cost
the Federal Government as much as it
will cost the States.
Even if we disregard the coextensive
rights of the States in our system of dual
sovereignties and treat the outer shelf
as newly acquired territory in the sea
adjacent to the States, the historic policy
of our Nation is to include it within the
[p. 7259]
jurisdiction of the adjacent States. This
has been done with respect to all islands
adjacent to but beyond historic seaward
boundaries. The jurisdiction of the orig-
inal 13 States included all islands within
20 leagues, approximately 66 miles, from
-------
2502
LEGAL COMPILATION—WATER
shore in the Atlantic Ocean, as provided
in the Treaty of Paris. Alabama and
Mississippi have jurisdiction over all
islands within 6 leagues, approximately
20 miles, from shore in the Gulf of
Mexico. California's jurisdiction ex-
tends to several islands in the Pacific
which are from 20 to 40 miles from shore.
Other examples of this historic national
policy are as follows:
First. Before admission of the Great
Lakes States, the United States had jur-
isdiction over the beds of the Great
Lakes as far as the international bound-
aries between the United States and
Canada. When the Great Lakes States
were formed and admitted to the Union,
their seaward boundaries did not stop at
the 3-mile limit. Instead, the State
boundaries were fixed conterminously
with the boundaries of the Nation. Thus,
we find the boundaries of the State of
Michigan running as far as 75 miles into
Lake Superior. We find the boundaries
of Ohio running as far as 25 miles into
Lake Erie and the boundaries of New
York running as far as 30 miles into
Lake Ontario.
Second. By the Louisiana Purchase
the United States acquired all of the
Sabine River and Sabine Pass, all the
way to the west banks of the river and
the pass. When Louisiana was admitted
to the Union, its western boundaries
were fixed in the middle of the Sabine
River and the middle of Sabine Pass.
This left the west half of the entire
Sabine River and Sabine Pass within the
jurisdiction of the United States but not
within the boundaries of either Texas or
Louisiana. However, on July 5,1848, the
Congress of the United States passed an
act which permitted the State of Texas to
extend its eastern boundaries to include
the west half of the Sabine River and
Sabine Pass.
Third. By international agreement
with Mexico, the United States acquired
certain lands along the Rio Grande
which had been cut off from Mexico by
evulsive changes in the river. These
lands, referred to as "Bancos," were
added to the jurisdiction of the United
States, but they were not within the
boundaries of the State of Texas. Fol-
lowing this Nation's historic policy, the
United States Congress on January 27,
1922 (42 Stat. 359), provided that all of
such Banco land heretofore or hereafter
acquired by the United States lying ad-
jacent to the State of Texas shall become
a part of that State and subject to its
jurisdiction.
Even now the present administration
is advocating the annexation of the Ha-
waiian Islands as a State. It seems
inconsistent that an administration
which proposes to annex islands nearly
2,000 miles from the continent, some of
which are 1,000 miles apart, should op-
pose the annexation of the adjacent
outer shelf which is contiguous to our
existing coastal States and which forms
an extension of their land mass, and the
development of which requires their co-
operation from shore.
Other nations which are not as se-
curely wed to local self-government and
the dual system of sovereignties have
taken advantage of our system in pro-
viding for governmental powers in their
adjacent continental shelves. For in-
stance, the United Kingdom annexed
the continental shelves adjacent to the
colonies of Tobago and Trinidad and
attached them to those colonies for ad-
ministrative purposes.
The central government of the United
Kingdom allows the colonies to admin-
ister their continental shelves. The Brit-
ish Information Office at the Embassy
in Washington advises that the local
governments of the Bahamas, British
Honduras, and Jamaica also administer
their adjacent continental shelves and
receive the revenues therefrom. Paki-
stan permits its coastal Provinces to
share in the administration and govern-
mental powers over its adjacent conti-
nental shelf and gives the Provinces 75
percent of the revenues.
Think of it. Pakistan gives its Prov-
inces governmental powers, instead of
having the central government control
-------
STATUTES AND LEGISLATIVE HISTORY
2503
the continental shelf, and shares with
the local Provinces the revenues from
the continental shelf.
Today the coastal States of the Amer-
ican Union which pioneered the Con-
tinental Shelf doctrine and helped secure
this land for the Nation are asking not
for as much power or revenue as the
United Kingdom gives its colonies, or as
Pakistan gives its Provinces. All we ask
is that the United States Government
continue its system of dual sovereignties
by following its historic policy of ex-
tending State jurisdiction to adjacent
areas whenever Federal jurisdiction is
extended.
No one has advanced any good reason
why this historic American policy should
be abandoned with reference to the outer
shelf. The only reason I have heard is
that some are afraid that the States will
get some of the proceeds. However,
throughout the argument, we have said
that for the good of the States and the
good of the Nation, the States are will-
ing to exercise their governmental func-
tions without any money from the
Federal Government if the Congress is
determined not to compensate the States.
The PRESIDING OFFICER. The
time of the Senator from Texas has ex-
pired.
Mr. DANIEL. Mr. President, I ask
unanimous consent that I may be
granted 3 additional minutes.
The PRESIDING OFFICER. Is there
objection?
Mr. KNOWLAND. Mr. President, a
parliamentary inquiry.
The PRESIDING OFFICER. The
Senator will state it.
Mr. KNOWLAND. I wonder if the
Senator from Oregon [Mr. CORDON]
would be willing to yield 3 minutes of
his time to the Senator from Texas,
rather than have 3 additional minutes
granted.
Mr. CORDON. I am happy to yield
3 minutes or even 4 to the Senator from
Texas.
Mr. DANIEL. I thank the Senator
from Oregon.
Many witnesses have testified con-
cerning the benefits which will accrue
to the Nation, as well as to the States,
by application of the policy under which
our country has prospered throughout
the years.
Mr. President, I am certain that the
pending bill will be passed. I approve
and support many of its provisions, but
because of its failure to preserve and ap-
ply the system of Federal-State relations
which has been so important and essen-
tial to the development and prosperity
of our Nation, I am compelled to vote
against it.
The House bill, although not meeting
all the objections I have raised, does ap-
ply State laws and concurrent State
jurisdiction. Also, it provides for com-
pensation to the States for services ren-
dered to those engaged in operations on
the adjacent outer shelf. It is hoped that
the conference committee will agree
upon application of the principles and
equities which are ignored in S. 1901, so
that it will be possible for the junior
Senator from Texas to vote for the final
enactment of outer-shelf legislation. If
not, it is my hope that after a few years
of practical operations the omissions and
inadequacies which I have mentioned
will be corrected in future legislation.
Again I compliment the senior Sena-
tor from Oregon [Mr. CORDON] and the
committee for their patient and exhaus-
tive work on the proposed legislation.
The fact that I do not concur in some of
the omissions is no criticism of them or
of the sincerity of their judgment.
Mr. President, I ask unanimous con-
sent that I may withdraw the amend-
ment.
The PRESIDING OFFICER. Without
objection, the amendment will be with-
drawn.
The bill is open to further amendment.
Mr. LONG. Mr. President, may I in-
quire how much time remains for dis-
cussion of the bill itself?
The PRESIDING OFFICER. The
Senator from Oregon has 87 minutes.
Mr. LONG. Will the Senator from
-------
2504
LEGAL COMPILATION—WATER
Oregon yield 25 minutes to me? I might
be able to make my speech in less time.
Mr. CORDON. I yield to the junior
Senator from Louisiana 25 minutes or
as much time as he may require.
Mr. LONG. Mr. President, today I
have offered amendment after amend-
ment to try to perfect the bill, in order
to make it the type of legislation I
believe the Senate should enact. The
major amendments I offered were re-
jected, and only a few clarifying per-
fecting amendments were agreed to by
the Senate. Therefore, the objections I
originally had to the bill still remain.
I am opposed to S. 1901 because in my
opinion it does great violence to our tra-
ditional concept of dual sovereignty in
American government and will, insofar
as law and order are concerned, create
a virtual dictatorship which will impose
its heavy hand at will on the adminis-
tration of justice to many thousands of
American citizens.
The bill, by denying the States any
powers of taxation and refusing them
[p. 7260]
any portion of the revenues which might
be derived from the outer Continental
Shelf, fails to recognize the tremendous
financial burdens which operations in
the area will place upon the States con-
cerned.
I also object to the provisions of the
bill which provide exclusive Federal ad-
ministration of the area. Nevertheless,
it is fair to observe that the committee
amendments in this connection are a
vast improvement over the original pro-
posal to apply admiralty and maritime
law to structures which are now located
in the outer Continental Shelf or may
be built there.
While the committee held hearings of
considerable length and allowed the
presentation of a great deal of evidence
from the State officials concerned, I do
not believe this bill has received the
calm and deliberate consideration which
such important legislation deserves.
Any act which has as its purpose the
establishment of a system of law and a
means of administering justice should
be considered on a plan free of the ordi-
nary political and economic currents
which, unfortunately, are present in the
instant case. This is no reflection on the
sincerity of the majority of the commit-
tee who have done perhaps the best they
could under a rigid timetable designed
for the purpose of obtaining legislation
by a time certain.
Careful delineation must be made be-
tween the area with which this bill deals
and the area involved in the Submerged
Lands Act recently enacted. In the prior
legislation, title to the lands within the
original boundaries of the States—lands
which had been claimed without contest
by the States for 150 years—was con-
firmed in the States. Those lands, until
the Supreme Court had applied to them
a new concept of paramount rights in
the Federal Government, always had
been within the limits both of the Nation
and of the respective States and had been
subject to our traditional concepts of
dual sovereignty.
When we look upon the Continental
Shelf and the resources thereof in its
true light, we do not find it to have been
an asset historically possessed by the
United States. Rather we find that area
to be in a sense a vast new strip of ter-
ritory of major value which this Nation
has the fortunate power to take by virtue
of the fact that it was closer than any
other power of the world to the area. It
is important to note that in acquiring
this vast resource, the United States
found that the States of Louisiana and
Texas had already laid claim upon cer-
tain parts of it. These claims on behalf
of Louisiana and Texas had certain
validity. It gave those States the right to
extract resources and retain all revenue
derived from them until such time as the
Federal Government itself asserted its
rights. The effects of the claim of
paramount rights to such resources by
President Truman in 1945 and the con-
gressional claim this year were not only
that of acquiring such resources for the
-------
STATUTES AND LEGISLATIVE HISTORY
2505
United States but of ousting the States
of their interest in this area.
There is no truly analogous situation
in property law. Logic and reason, how-
ever, would compel the Federal Govern-
ment, in taking such resources from the
States, to permit the States to share in
the revenues produced in some equitable
fashion. Especially is this true when we
consider the fact that the Federal Gov-
ernment is receiving the benefit of State
services for the support of all activities
on shore which are of a large scope and
a greater expense than the actual drill-
ing operation in the sea. Thus we find
here a source of wealth, first discovered
and developed by the States at consid-
erable expense, and which cannot be
fully exploited or developed without the
benefit of State services from the main-
land. Under this bill a few States will
bear a heavy financial burden while all
the States—most of which will neither
contribute to the development nor bear
any of the costs—will reap the benefits.
Many thousands of Louisiana and
Texas citizens who live under a long
established and well understood system
of both Federal and State law—enforced
as the case might be by both Federal
and State officials—under the provisions
of this bill, will perform their labors in
an area governed by a curious and com-
plex mixture of Federal and State laws,
administered only by Federal officials,
with power in the Secretary of Interior
to abrogate State laws by regulation.
A resident of Morgan City, La., who
might become a party to litigation aris-
ing in the outer Continental Shelf, will
bear the expense of having his rights
litigated—no matter how insignificant
they might be—in a Federal court many
miles removed from his domicile, rather
than in his nearby parish courthouse.
His rights and privileges can vary from
day to day at the discretion of a depart-
ment head at the seat of government in
Washington, many hundreds of miles
removed from the area. Insofar as the
place of his employment is concerned,
his rights as an American citizen will be
even less secure and certain than those
of the people of the Territories of Alaska
and Hawaii. His suffrage will not pro-
vide him the customary relief to be ex-
pected under our Constitution and all
of the great principles upon which
American Government is founded
Many circumstances point directly to
the fact that operations in the outer
Continental Shelf will greatly increase
the cost of State and local government
and yet the committee ignores this fact.
The Senate has ignored it, and even de-
feated a last-resort proposal I offered
to reimburse the adjacent States for
these services to the extent of a mere
one-half of the taxes we now collect in
the area.
A typical individual employed in op-
erations in the shelf area will maintain
his family in one of our coastal parishes;
he will own or be buying his house and
an automobile there. His children will
attend Louisiana schools. If either he or
a member of his family becomes ill, he
will be cared for by a Louisiana doctor
in a Louisiana hospital, many of which
the State owns. After his employment
in the shelf ends, he will continue to
live in Louisiana and will spend his old
age there.
The children of these employees will
attend a free public school, and be pro-
vided with free schoolbooks, supplies,
lunches, and transportation. Our high-
ways and streets will be traveled by both
employer and employee. The State pro-
vides charity hospitals for the indigent
sick. Care for those stricken with tuber-
culosis or mental diseases is provided
by State-operated hospitals. A State-
financed medical school now provides
many of the doctors who will minister
unto these people. The worker's person
and property will be protected by our
police. He will be protected from dis-
ease and sickness by our public health
and sanitation officers. His elderly par-
ents are likely to be receiving a pension
during their period of nonproductivity.
Louisiana and Texas provide a system
of courts in which the employee will
-------
2506
LEGAL COMPILATION—WATER
litigate many of his claims.
Many of these same services will be
provided for the oil company whose base
of operations will' be necessarily on
Louisiana or Texas soil. The company
will use our highways, will benefit from
police protection, and make use of our
courts.
None can deny that the furnishing of
such services to the thousands of shelf
workers, their families, and the com-
panies for which they work will be a
heavy financial burden on the State and
its subdivisions.
Ordinarily a large percentage of the
increased cost of providing such service
would be met by increasing the taxes on
present sources of revenue. Such action
would be grossly unfair in this instance.
Yet there will be no alternative if the
employers of these workers are subject
neither to the State's severance tax,
property tax, nor the tax on corporate
profits. It is a basic principle in the field
of government that the provision of
government services to the business en-
terprise and its employees is made pos-
sible largely through the taxation of
property and profits of such enterprise.
Usually no difficulty is encountered in
the application of this principle, since
the industry and its employees are lo-
cated in the same State. Usually, we
derive our revenues from such industry
by virtue of a severance tax on the re-
sources. However, in this instance the
industries are beyond the reach of the
State.
No oil company holding a lease in the
area protested to the committee against
paying the severance tax. I have heard
of no such protest being made publicly
anywhere else by any of the companies.
Since the tax is not applicable to the
public royalty interest, its collection
would in nowise affect the revenues
which will be derived by the Federal
Government. Its collection could be al-
lowed, therefore, without any cost to the
United States. But rather than deal
fairly with the States, the Federal Gov-
ernment has chosen, through the "wind-
fall" provision in this bill, to extract the
last ounce of flesh by adding the amount
of the States' tax to the royalty to which
the Federal Government is otherwise
entitled under the validated States'
leases.
The policy of sharing revenues with
local units of government is so firmly
imbedded in our governmental system
that it is shocking even to contemplate
that it be ignored here. Not only has
[p. 7261]
this system been part of the warp and
woof of Federal-State relationships for
many years, but it has more and more
extended itself into State-municipal af-
fairs; in many States, State and Federal
Governments have so completely pre-
empted the sources of taxation that only
by sharing in certain revenues with the
State government are the municipalities
able to continue their operation.
Before citing examples of this Federal
policy as they are applicable in the in-
stant situation, let me make it perfectly
plain that I do not object to any of these
devices. Insofar as I can determine, each
of them is entirely justified, and the
Congress was exercising excellent judg-
ment when it provided for them. What
I cannot understand is why, after
all these years, the Congress should de-
termine to abandon this historic policy.
Why should the States which abut the
Continental Shelf be subjected to this
discrimination? For what are we being
punished? What strained definition of
fairness would permit such grave injus-
tice? Certainly the people of Louisiana
cannot, and perhaps never will, under-
stand what grievious wrong they have
committed which results in their being
treated as no other State or Territory has
been treated in like circumstances.
Let us first look at what has been done
in the great public-lands States of the
West. Almost the full income from all
these public lands, exceeding 200 million
acres, goes to the States in which the
lands are located. Where such lands
are sold outright, 5 percent of the pro-
-------
STATUTES AND LEGISLATIVE HISTORY
2507
ceeds of sale goes to the State. The
other 95 percent goes into the reclama-
tion fund. Where mineral royalties are
realized, 37% percent of the return goes
directly to the State, 52% percent into
the reclamation fund, and 10 percent to
the Federal Government as administra-
tive expense.
Thus far, from these sources the rec-
lamation fund has received about $600
million. This money, quite properly, has
been utilized to finance our great rec-
lamation projects, all of which are lo-
cated in the States from which the bulk
of the revenues are derived. The net
effect, therefore, is that not only do the
State governments receive monetary
consideration for the services they must
render but almost the full fruits of the
resources developed remain in the area
from which the resources are taken.
These fruits are not distributed to all
the States or all the people, nor should
they be.
These public lands are not treated
thus on the basis of their having been
federally acquired and thereby removed
from the tax rolls. The idea was and
is to make it possible for State and local
government to exist. In the absence of
such an arrangement, it might have
been impossible ever to establish and
support States in areas where vast acre-
ages had been unclaimed. In effect, it
has been a subsidy, albeit a worthy one.
I can well understand the position of
some of the Western States that even
this arrangement is not responsive to
their needs and that they need and are
entitled to a greater share of the reve-
nues. I merely observe that it is far
better treatment than is proposed in this
bill for the coastal States of the Nation.
In the Southeast there has been over
the past 20 years a considerable Federal
activity in the form of the Tennessee
Valley Authority. Here the treatment
rendered to State and local government
is perhaps the high-water mark in Fed-
eral generosity. During fiscal year 1952
the TVA paid to State and local govern-
ments in the area $3,036,207 as in lieu
of tax payments. The manner in which
the philosophy of "in lieu" payments
has been applied here is extremely
interesting.
In this connection it is interesting to
note that not only is the State of Ten-
nessee reimbursed for the lands located
beneath the reservoirs, which lands have
been taken off the tax rolls, but it is also
reimbursed for the taxes which were
previously received from the corpora-
tions which were located within that
State and doing business there prior to
the time the lands were purchased by
the Federal Government. In the first
place, there is reimbursement for the
reservoir lands which were bought by
TVA and thereby removed from local
tax rolls. That portion of the payments
is commonly understood. But in TVA,
the concept has been taken a step far-
ther. There also is reimbursement for
taxes lost by virtue of sale because of
TVA activities of the private power com-
panies which formerly operated in the
area. It should be remembered too,
that those receiving the payments also
receive the benefits of the enterprise—
power and navigation. These benefits
are provided by the tax dollars of all the
people and the Federal Government, de-
spite the protests of the TVA advocates,
will never receive sufficient revenues
from the operations to reimburse its
cost. It seems to me that it does not
become those from the TVA territory—
an area which actually is being paid to
receive benefits—to array themselves
with those who would deny my State
even reimbursement for its services in
providing revenues to the Federal Treas-
ury, let alone deny us any participation
in these revenues because we had the
courage to first claim the area, the fore-
sight to develop it, and the patriotism to
acquiesce to an overriding Federal
claim. Here in TVA we see the bounty
of the Federal Government in full
flower and at its generous best.
There also is a provision in our flood-
control law.for reimbursement to local
government for tax losses and for addi-
-------
2508
LEGAL COMPILATION—WATER
tional burden. Although amended sev-
eral times, the law now provides that
75 percent of revenues derived from
leases of reservoir lands shall be re-
turned to the counties in which the lands
are located. Just recently—within 10
days—we amended the law to allow
these funds to be used for general pur-
poses of government. Prior to that
amendment the moneys had to be used
for schools and roads. Bearing in mind
that the areas in and above a reservoir
receive little or no benefit from the proj -
ect, it may be that this arrangement is
not too generous—certainly not as gen-
erous as the TVA practice. Neverthe-
less, it is another illustration of the
adherence by Congress to the broad pol-
icy of reimbursing the States for any
burden placed upon them by a Federal
activity.
Over the past four decades the Fed-
eral Government has acquired millions
of acres of land and placed them in
national forests. Particularly in the
southeastern States, it has been a mer-
itorious and highly successful program.
In my own State of Louisiana there is a
fine national forest where our great
timber tracts of days gone by are being
restored by careful conservation prac-
tices. It is a program that is well jus-
tified in the public and in the national
interest.
These lands, however, have been ac-
quired lands for the most part. Cer-
tainly in the southeastern States they
are, since there were no public lands to
be used for this purpose. This means,
then, that the acreages in the forests
have been removed from the tax rolls,
and therefore produce no revenues for
local governmental purposes. Yet per-
sons live in and around the areas, work
in them, and must be provided with
schools, roads, and other governmental
services commonly furnished at the State
and local levels. In some parishes of
Louisiana nearly one-half the land
within the parish is included within the
forest. I am sure that the same situation
applies in some counties in Mississippi
and Arkansas, and perhaps other States.
In 1908, the Congress recognized that
local government must have revenues to
meet the burdens still imposed upon it
and yet was faced with substantial loss
of taxable property from which the rev-
enues could be derived. Congress,
therefore, by act of May 23 of that year,
provided for the counties in which the
lands were located to share in the
revenues from the national forests. At
present, 25 percent of the timber and
mineral leasing revenues in the forests
are returned to the counties for school
and road purposes. Somewhat recent
changes in mineral leasing procedures
have substantially reduced receipts in
some areas, particularly in Louisiana and
Mississippi where there has been con-
siderable oil and gas activity so that the
present arrangement may not be as good
as it should be. But the policy—the
historic national policy—has been ap-
plied and no doubt could, if necessary,
be improved upon in its application.
What a contrast with what is proposed
in this legislation.
Last, I want to call attention to a field
in which this traditional Federal policy
has been generously applied even though
the Federal activity involved is not pro-
ducing revenue as will be the Conti-
nental Shelf. This has to do with
educational activities in areas where
substantial Federal activity has in-
creased the burden on local government
for provision of school services. I par-
ticularly want the Senate to observe the
statement of policy contained in the basic
act and I then would welcome any Sen-
ator rising to his feet and attempting to
reconcile this law with what we propose
to do here. I do not believe my friend,
the Senator from Oregon [Mr. CORDON]
[p. 7262]
with all his mental agility and legal abil-
ity can do it.
Now listen to what we said—this Sen-
ate and this Congress—when we adopted
the present act in 1950. Here it is as
found in section 236, title 20, of the
United States Code:
-------
STATUTES AND LEGISLATIVE HISTORY
2509
In uecognition of the responsibility of the
United States for the impact which certain
Federal activities have on the local educa-
tional agencies in the areas in which such
activities are carried on, the Congress declares
it to be the policy of the United States to pro-
vide financial assistance (as set forth in this
chapter) for those local educational agencies
upon which the United States has placed fi-
nancial burdens by reason of the fact that—
1. The revenues available to such agencies
from local sources have been reduced as the
result of the acquisition of real property by
the United States; or
2. Such agencies provide education for chil-
dren residing on Federal property; or
3. Such agencies provide education for
children whose parents are employed on Fed-
eral property; or
4. There has been a sudden and substantial
increase in school attendance as the result of
Federal activities
At least I am glad it is the law because
we in Louisiana and Texas will have
substantial claims to make under it. But
how much more simple it would be to let
us go ahead and collect our taxes and
provide the services rather than to do
what is now proposed. Bear in mind
that there are substantial differences be-
tween the property involved here and
that at Keesler Field, Miss., as an exam-
ple. This Federal activity will produce
revenue and the cost of the service re-
quired should be charged directly
against the activity. It could be done
readily and cheaply by allowing the
States to collect their taxes which could
not be done on an airfield or a training
base.
The PRESIDING OFFICER. The bill
is open to further amendment. If there
be no further amendment to be offered,
the question is on the third reading of
the bill.
Mr. HOLLAND. Mr. President, will
the Senator from Oregon allow me 2 or
3 minutes?
Mr. CORDON. I shall yield the Sena-
tor such time as he desires to use, up to
15 minutes.
Mr. HOLLAND. I thank the Senator
from Oregon. Mr. President, first I wish
to give high praise to the distinguished
Senator from Oregon and to every other
Senator who sat so long and under such
great difficulties in considering the terms
of the pending outer Continental Shelf
bill before it was reported to the Senate.
I doubt that Senators who did not par-
ticipate in the consideration of this bill
realize the complexity of the subject, or
the fact that it involved a completely
new problem, raising many questions
which had never before been answered
in all the history of our Nation, and that
such questions had to be answered be-
fore the bill could be reported, bringing
out constructive legislation which would
deal effectively with those questions.
Insofar as it was humanly possible to
deal with the vast field involved—much
of it is still unknown—by bringing out
an original bill which makes a sound
beginning and lays a sound foundation
for the development of resources, be-
lieved to be immense in their impact
upon our Nation, its prosperity and
power, the distinguished Senator from
Oregon and his associates have rendered
a very great service, which will be more
and more realized and recognized as
years pass and as the development of
these great offshore areas proceeds.
Mr. President, I wish to make two
points, and those very briefly.
First. The subject is one in which ex-
clusive Federal jurisdiction obtains and
in which the jurisdiction of Congress will
remain to deal with the numerous as-
pects of those problems which must
come up from time to time and require
clarification, or modification, or amend-
ment, or supplementation of the basic
law which we are now passing.
It is because of that fact that I be-
lieve no Senator who votes for the bill—
and I shall not only vote for it but I
support it strongly and warmly—needs
to feel apprehension because of the fact
that there are questions still unexplored
and still not wholly clear, such as the
one mentioned by some Senators a little
while ago, when we felt that a certain
amendment might be properly added to
the bill.
We do have assurance that the juris-
diction of Congress continues. Its re-
-------
2510
LEGAL COMPILATION—WATER
sponsibility will continue to exist, not
only to work out the great problem in
a way which is fair to the Nation, but
also in a way which is fair to every
State, every community, and every af-
fected citizen and industry.
Secondly, I wish to ask the attention of
those Senators who had apprehensions
as to what would be the views of those
of us who insisted so strongly upon the
protection of State's rights, within State
boundaries, and insisted that the States
be allowed again to claim and clearly
hold ownership of assets within their
boundaries, as they had believed they
had owned such assets for 150 years, and
as they had used them and enjoyed them
for all that period of time without ques-
tion. Some of the Senators feared that
we who supported the States rights bill,
Senate Joint Resolution 13, would be
found later opposing a bill which would
recognize title in the Federal Govern-
ment to that greater area, 9 times as
great, outside the State boundaries, with
assets estimated to be 5 times as great
in the outer belt. I call to the attention
of the Senators who felt that such appre-
hension may have been justified, that,
not only have Senators, who in commit-
tee helped to bring out the other
submerged-lands bill, also helped to
bring out the pending bill, as well as
insisted on its passage on the floor, but
that many Senators who do not have
the honor of serving on the committee,
have taken exactly the same position.
Therefore, it ought to be abundantly
clear that Senators who vote to protect
their States when they believe the rights
of their States are jeopardized, and when
sound principles of government are
threatened to be upset, also feel just as
strongly, and are just as ready to stand
for the Federal Government in a field
where its interest is predominant, as
they have done on this bill.
I hope the cavilling of those ultra-
liberal columnists and commentators
who threw out repeated warnings to the
effect that the Senators who stood for
States rights would later, on this issue,
seek to take from the Federal Govern-
ment what belonged to it, has been
rather fully answered. We who passed
the earlier bill to protect the States,
within their boundaries, have given
strong support to the pending measure,
which is of such great importance to
our Nation, not only in the assets which
it makes available, but in that it takes
a step outside into uncharted depths
and uncharted values and uncharted
developments, which we think will add
much to the power and prestige and
wealth of this great Federal Union,
which we are sworn to uphold in its own
field, just as many of us still feel we are
sworn to uphold the rights, powers, and
prerogatives of our States in their fields,
believing that by so doing we support
the dual system of sovereignty under
which this Nation has grown great—
the system whose collapse would doom
much of that greatness to destruction
and decay.
I warmly compliment and thank the
distinguished Senator from Oregon.
Mr. CORDON. Mr. President, I am
deeply appreciative of the generous
compliments paid to me. I wish to say
that this was not a one-man job. It had
been a record of cooperation, helpful-
ness, and hard work on the part of the
members of the committee and the Mem-
bers of the Senate who worked closely
with the committee, and an able and
devoted staff which worked long days
and very often far into the nights.
I am not too proud of what has been
born of all these great efforts, but I
believe we have set up the means
whereby the development of the mineral
resources of the outer Continental Shelf
can be undertaken. We can correct this
measure as deficiencies appear from time
to time without the chaos that would
exist had we attempted merely to vali-
date the good-faith State-issued leases
and authorize new leasing. We have in
S. 1091 a legislative structure which
will carry our responsibilities to the
people and the companies who will per-
form the work of developing the outer
-------
STATUTES AND LEGISLATIVE HISTORY
2511
shelf.
Mr. CLEMENTS. Mr. President, will
the Senator from Oregon yield?
Mr. CORDON. Not at the moment.
I should like to conclude my statement.
Some question has been raised as to
criminal jurisdiction in the area. I
answered an inquiry from the Senator
from Louisiana [Mr. ELLENDER], and I
should like now to call his attention
and the attention of the other Members
of the Senate to a section of the Federal
Code pertaining to that subject. As the
Members of the Senate know, section 18
of the United States Code—The Criminal
Code and Procedure—has been enacted
into positive law. Section 3238 of title
18, entitled "Offenses Not Committed in
Any District," reads:
The trial of all offenses begun or committed
upon the high seas, or elsewhere out of the
jurisdiction of any particular State or district,
shall be in the district where the offender is
found, or into which he is first brought.
[p. 7263]
Mr. President, for the benefit of any
who may be interested in following up
this matter, I suggest that attention be
given to the annotations found in United
States Code annotated, immediately
after that section.
The Supreme Court of the United
States has construed the section. It ap-
pears to the acting chairman of the
committee and, I am sure, to others who
have investigated the matter, that we
are on sound ground so far as the jur-
isdictional question is concerned.
Mr. CLEMENTS rose.
Mr. CORDON. I yield to the Senator
from Kentucky.
Mr. CLEMENTS. Mr. President, I
wish to associate myself with the Sena-
tor from Oregon in reference to the fine
work the Senate Interior Committee
staff has done on this bill.
I also suggest to the Senate that no
measure that has been passed by this
body has had more faithful leadership
or finer leadership than that which has
been given to this measure by the act-
ing chairman of the committee, the
senior Senator from Oregon [Mr.
CORDON],
Mr. CORDON. I thank the Senator
from Kentucky.
Mr. DANIEL. Mr. President, will the
Senator from Oregon yield for a ques-
tion?
Mr. CORDON. I yield.
Mr. DANIEL. First, let me say that I
have already praised the Senator from
Oregon and have expressed by appre-
ciation of the fine work he has done.
Mr. CORDON. The Senator from
Texas has done so too generously.
Mr. DANIEL. I join in the remarks
just made by the Senator from Ken-
tucky.
Mr. President, I ask the Senator from
Oregon please to refer to section 5, on
page 10, of the bill. That section is en-
titled "Administration of Leasing of the
Outer Continental Shelf."
Since we have applied State laws in
the fields which are not covered by Fed-
eral laws or by regulations of the Secre-
tary of the Interior, I should like to ask
the Senator from Oregon whether he
understands that State laws relating to
conservation will apply in this area until
and unless the Secretary of the Interior
writes some rule or regulation to the
contrary.
Mr. CORDON. There can be no ques-
tion about that; the Senator's statement
is correct. The language clearly adopts
State law as Federal law where it is not
inconsistent with existing Federal law
or with the rules and regulations of the
Secretary of the Interior; and, of neces-
sity, the inconsistency with respect to
rules and regulations of the Secretary of
the Interior must be in the case of those
rules and regulations which it is within
the power of the Secretary of the Interior
to adopt.
When he has adopted them, those
rules and regulations must be inconsist-
ent with or in conflict with the conserva-
tion laws of the States, which are then
the conservation laws of the United
States with respect to that particular
area, or else the laws of the States, hav-
-------
2512
LEGAL COMPILATION—WATER
ing been adopted by the United States,
apply to the area. There can be no ques-
tion about it.
Mr. DANIEL. I am sure the Senator
from Oregon realizes why the question
has risen. Beginning on line 24, in refer-
ring to the powers of the Secretary of
the Interior to make rules and regula-
tions, we find the following:
Notwithstanding any other provisions
herein, such rules and regulations shall apply
to all operations conducted under a lease is-
sued or maintained under the provisions of
this act.
I wanted to be sure I understood the
matter correctly; and I wish to make it
clear, by means of these questions, that
the provision I have just quoted does not
mean that conservation matters are to be
handled exclusively by rules and regu-
lations of the Secretary of the Interior,
but that the State laws will be the laws
of the United States as to conservation
matters, so long as the Secretary of the
Interior has not issued rules and regula-
tions which conflict with or are incon-
sistent with the State laws.
Mr. CORDON. I say to the Senator
from Texas that the language of section
4 to which he has referred and the lan-
guage of section 5, read as pari materia,
give effect to both; and the effect is as
indicated by the Senator from Texas, and
as concurred in by the Senator from
Oregon.
Mr. DANIEL. I thank the Senator
from Oregon.
Mr. DWORSHAK. Mr. President, will
the Senator from Oregon yield?
Mr. CORDON. I yield for a question.
Mr. DWORSHAK. I desire to join my
colleagues who, as members of the com-
mittee, have observed the outstanding
leadership displayed by the senior Sen-
ator from Oregon [Mr. CORDON] during
the consideration of this measure. This
was particularly true because during the
same period the Senator from Oregon
also had the duty of serving as chair-
man of the appropriations subcommittee
dealing with the Interior Department
appropriations bill at the time when the
hearings on that bill were being held.
I am sure there is full appreciation of
the distinguished service rendered by
the senior Senator from Oregon.
Mr. CORDON. Mr. President, I am
appreciative of the Senator's generous
statement.
Mr. BUTLER of Nebraska. Mr. Presi-
dent, will the Senator from Oregon yield
to me?
Mr. CORDON. I yield to my chair-
man.
Mr. BUTLER of Nebraska. Mr. Presi-
dent, as chairman of the Committee on
Interior and Insular Affairs, I discov-
ered, fortunately or unfortunately,
rather early in the session that it would
be impossible for me, from a physical
standpoint, to handle the measure we
are passing on today, and also the one
on which we debated and adopted last
month, that is, the Submerged Lands
Act.
So I asked the senior Senator from
Oregon [Mr. CORDON] to substitute for
me. As a result, he has served as act-
ing chairman of the committee during
the time when I was in the Bethesda
Hospital and during the time, thereafter,
when I have been recuperating.
It would be very unkind on my part if
I did not make a public statement of
my appreciation of the fine work he has
done, at my request, in handling the
work of the Committee on Interior and
Insular Affairs during the last 2 or 3
months.
I hope that from now on I shall be
able to relieve him of some of that bur-
den, because, as the Senator from Idaho
has just stated, I know of the hard work
the Senator from Oregon does as a
member of the Appropriations Commit-
tee. The committee holds meetings late
at night and begins its meetings early
in the morning.
I doubt that there is another Senate
committee which has done as much hard
work as has the Interior and Insular
Affairs Committee and its staff, under
the able leadership of the senior Sen-
ator from Oregon [Mr. CORDON] as act-
-------
STATUTES AND LEGISLATIVE HISTORY
2513
ing chairman.
It has been my pleasure and honor
to be a member of that committee from
the time when I first came to the Senate
in January 1941, back in the days when
the committee was known as the Com-
mittee on Irrigation and Reclamation.
I have never had more loyalty or better
service in any capacity than I have
received not only from the acting chair-
man of the committee, the senior Sena-
tor from Oregon [Mr. CORDON], but also
from all other members of the commit-
tee on both sides of the aisle and from
the committee staff. I think the com-
mittee is really one of the best working
committees of the Senate, and I am
proud of it.
Mr. CORDON. Mr. President, I ap-
preciate the opportunity I have had to
work with the Senator from Nebraska
on the committee. I wish him to know
it was a pleasure to me to render what
service I could.
Mr. President, I now move that the
Senate proceed to the consideration of
House bill 5134, amending the Sub-
merged Lands Act.
The PRESIDING OFFICER. The
question is on agreeing to the motion
of the Senator from Oregon.
The motion was agreed to; and the
Senate proceeded to consider the bill
(H.R. 5134) to amend the Submerged
Lands Act.
Mr. CORDON. Mr. President, I now
move that all after the enacting clause
of H.R. 5134 be stricken out, and that
in lieu thereof there be substituted the
text of Senate bill 1901, as it has been
amended.
The PRESIDING OFFICER. The
question is on agreeing to the motion
of the Senator from Oregon.
The motion was agreed to.
The PRESIDING OFFICER. The
question now is on the engrossment of
the amendment and the third reading
of the bill.
The amendment was ordered to be
engrossed, and the bill to be read a third
time.
The bill was read the third time.
The PRESIDING OFFICER. The bill
having been read the third time, the
question is, Shall it pass?
Mr. LONG. Mr. President, on this
vote I desire to have the RECORD show
that I shall vote "no."
[p. 7264]
Mr. ELLENDER. I do, too, Mr. Presi-
dent.
The PRESIDING OFFICER. The
question is, Shall the bill pass?
The bill (H.R. 5134) was passed.
The title was amended so as to read:
"A bill to provide for the jurisdiction of
the United States over the submerged
lands of the outer Continental Shelf, and
to authorize the Secretary of the In-
terior to lease such lands for certain
purposes."
Mr. ELLENDER. Mr. President, I
wish the RECORD to show that on the
vote just taken, I voted a loud "no."
Mr. LONG. Mr. President, I wish the
RECORD to show that on this vote I also
voted "no."
The PRESIDING OFFICER. The
RECORD will so show.
Mr. CORDON. Mr. President, I now
move that the Senate insist upon its
amendment, request a conference there-
on with the House of Representatives,
and that the Chair appoint the conferees
on the part of the Senate.
The motion was agreed to; and the
Presiding Officer appointed Mr. BUTLER
of Nebraska, Mr. MILLIKIN, Mr. CORDON,
Mr. MURRAY, and Mr. ANDERSON con-
ferees on the part of the Senate.
The PRESIDING OFFICER. With-
out objection, Senate bill 1901 is indefi-
nitely postponed.
Mr. HENDRICKSON. Mr. President,
as I have indicated, I was necessarily
absent yesterday when my amendment
to the submerged-lands bill was acted
upon. The able Senator from South
Dakota [Mr. CASE] took over in my be-
half, and, of course, in his own behalf as
well, as a cosponsor of the amendment.
-------
2514
LEGAL COMPILATION—WATER
He made a very able presentation of the
issues involved in my amendment. I
wish to take this opportunity to thank
the distinguished Senator from South
Dakota for the great favor he did the
junior Senator from New Jersey.
[p. 7625]
1.14a(4)(c) July 29: House agrees to conference report, p. 10420
[No Relevant Discussion on Pertinent Section]
1.14a(4)(d) July 30: Senate agrees to conference report, pp. 10471-
10476,10478-10482,10488-10490,10492-10500
JURISDICTION OVER SUBMERGED
LANDS OF THE OUTER CONTI-
NENTAL SHELF — CONFERENCE
REPORT
The Senate resumed the consideration
of the report of the committee of con-
ference of the disagreeing votes of the
two Houses on the amendments of the
Senate to the bill (H.R. 5134) to amend
the Submerged Lands Act.
Mr. CORDON. Mr. President, at the
request of the Senator from Nebraska
[Mr. BUTLER], the chairman of the Sen-
ate conferees on the so-called Outer
Continental Shelf bill, House bill 5134, I
am presenting to the Senate at this time
the report of the conference committee,
Report No. 1031. The House accepted
this report last night.
Before I discuss the several minor
amendments to which the conference
agreed, I wish to advert for a moment
to the major issue involved in the action
of the conferees.
Members of the Senate will recall that
after considerable debate and considera-
tion of substitute proposals, the Senate,
by a record vote, adopted what is gen-
erally known as the Hill educational
amendment to the Outer Continental
Shelf measure. The bill which I had
the honor of reporting to the Senate, S.
1901, was amended by the adoption of
Senator Hill's proposal, and the entire
measure then passed by the Senate. The
Senate then substituted its bill, with the
Hill amendment, for the House bill, H.R.
5134, by striking out all after the enact-
ing clause and inserting the Senate's
provisions.
In the conference, the Senate con-
ferees tried, with all the powers of per-
suasion at their command, to persuade
the House conferees to accept the Sen-
ate amendment, and thereafter to secure
some compromise in the field covered by
the amendment.
HOUSE CONFEREES REFUSE TO COMPROMISE
The House conferees refused to recede
from their objections to the amendment
and refused to entertain any compromise
in the nature of some provision which
would sequester all receipts from the
outer Continental Shelf for some period.
The period suggested, first, was 5 years,
and thereafter was 3 years. During this
period the funds would have been held
in suspense pending some affirmative
action of the Congress.
The conferees on the Senate side
stood firmly on the Senate bill in this
respect as long as there was any hope of
any agreement in the conference. The
acting chairman of the Senate conferees
then sought to find a parliamentary pro-
cedure by which the Senate might adopt
the several perfecting amendments to
the Senate form of H.R. 5134 with re-
spect to which the conferees had agreed.
In this way the question might have
been narrowed to the single one of the
Hill amendment.
An examination of the rules indicated
-------
STATUTES AND LEGISLATIVE HISTORY
2515
that such a procedure was not possible.
The reason was that there was but one
amendment before the conference as a
result of the fact that the Senate had
passed its bill and then substituted the
language of its bill for the House bill.
The result was that the conference found
itself with one amendment before it,
and that was the entire bill.
REPORT ON WHOLE BILL ONLY
Under those circumstances, any re-
port which could be presented to the
Senate must be a report on the whole
bill. Ordinarily, Senators will recall,
when a bill is amended there may be
numerous amendments, but they are
single, separate actions, and a conference
may take them up in order and, in its
report, identify each amendment and
the action taken thereon.
In this case, because of the fact that
there was but one amendment before the
conference, there could be but one
amendment acted upon and reported to
the respective Houses.
Under such circumstances, Mr. Presi-
dent, the majority of the conferees for
the Senate became convinced that the
only action that could be taken validly
under the parliamentary rules under
which we function, was that of acting
upon a conference report on a whole
measure on which there was agreement.
As a last resort the conference group
representing the Senate made such an
agreement. This meant that the con-
ferees of the Senate were forced to agree
to the demands of the House for the
elimination from the outer Continental
Shelf bill of two sections thereof known
as the Hill educational amendment. This
action thus brings the report before the
Senate. It has already been before the
House. It was presented yesterday and
was immediately agreed to.
Before discussing the major question,
which is the Hill amendment, I invite
attention to the several minor amend-
ments which were made in the bill.
Mr. HENDRICKSON. Mr. President,
will the Senator from Oregion yield?
Mr. CORDON. I yield.
Mr. HENDRICKSON. Would the Sen-
ator inform the Senate whether the con-
ference considered, in its deliberations
on the Hill amendment, the Hendrickson
amendment?
Mr. CORDON. The answer is in the
affirmative, Mr. President. The Senate
conferees first presented, as it was obvi-
ously their duty to do, the action of the
Senate in adopting the Hill amendment,
and urged that the House agree thereto.
When there was complete and absolutely
adamant refusal to accept the aid-to-
education proposal, the Senate conferees
called attention to the substitute for the
Hill provision offered by the junior
Senator from New Jersey. The Senate
conferees vigorously urged that the
House conferees agree upon it as a com-
promise.
HENDRICKSON PROPOSAL REJECTED
The House conferees refused to com-
promise and rejected the Hendrickson
proposal. It was only thereafter that
the Senate conferees tried to get the
revenues requested, to prevent holding
up further action by Congress in the
affirmative field, and that also was
refused.
Mr. HENDRICKSON. I thank the
Senator.
Mr. CORDON. I call attention to
areas in the bill wherein there was
agreement between the conferees of both
Houses and where I believe there will
be little or no objection on the part of
the Senate. I call attention to them be-
cause reference to either the report as
it appears on page 10630 of the CONGRES-
SIONAL RECORD of yesterday, July 29, or
to any other source, fails to identify the
several minor changes in the bill as it
passed the Senate. One could identify
those amendments only by a careful
comparison between the bill as it passed
the Senate and the bill as it was reported
from the conference.
The first of the changes appears on
page 22 of H.R. 5134 as it passed the
Senate.
-------
2516
LEGAL COMPILATION—WATER
Mr. DANIEL. Mr. President, will the
Senator from Oregon yield?
Mr. CORDON. I yield.
Mr. DANIEL. Do I understand cor-
rectly that the conference report, down
to the first change, which the Senator
is about to outline, is the bill exactly
as it was passed by the Senate?
Mr. CORDON. Yes.
Mr. DANIEL. Are we to understand
further that the Senator will explain the
changes that have been made in the
Senate bill?
Mr. CORDON. Yes.
Mr. DANIEL. I thank the Senator.
Mr. CORDON. The first amendment
made in the bill as it passed the Senate
is on page 22, where there was added on
line 10, after the period, a sentence read-
ing as follows:
State taxation laws shall not apply to the
outer Continental Shelf.
In my opinion, that language is un-
necessary. It adds nothing to and took
[p. 10471]
nothing from the bill as it passed the
Senate. It was requested in a super-
abundance of caution, and was agreed
to by the Senate conferees when offered
by the House conferees.
CHANGE RECOMMENDED BY JUSTICE
DEPARTMENT
The next amendment is on the same
page, page 22, the language beginning in
line 17, and ending in line 20 with the
word "Appeals," was stricken from the
bill upon the recommendation of the
Department of Justice. The Depart-
ment felt that the general rule of law,
that the expression of one thing is the
exclusion of others in the same class,
might apply, and the conferees deleted
the language indicated.
The third amendment appears on page
24, line 4. After the word "district,"
there are inserted the words "of the ad-
jacent State." This is a perfecting
amendment only.
The next amendment is wholly per-
fecting language, and is found on page
24, line 12, where the word "it," the third
word from the end of the line, is stricken,
and the word "he" is inserted in lieu
thereof.
The next amendment is on page 25,
line 4, and is in itself also perfecting
language. The language "the subsoil
and seabed of the outer Continental
Shelf and the" is to be inserted in line
4, after the word "to."
Mr. DANIEL. Mr. President, will the
Senator yield?
Mr. CORDON. I yield.
Mr. DANIEL. It is difficult to follow
these changes unless a phrase or the en-
tire sentence is read as it now appears
in the conference report. Would the
Senator from Oregon state exactly how
the phrase now reads as recommended
by the conference?
Mr. CORDON. Yes. The language
now reads, beginning with the paragraph
in line 3:
The specific application by this section of
certain provisions of law to the subsoil and
seabed of the outer Continental Shelf and
the artificial islands and fixed structures re-
ferred to In subsection (a) —
And so forth.
CHANGE IN PROVISIONS FOR USE OF STA.TE
CONSERVATION AGENCIES
The sixth amendment is found on
page 25, line 25. In order that that
amendment may be better understood, I
shall first read the sentence in which it
occurs. Beginning in line 23, the sen-
tence is:
In the enforcement of conservation laws,
rules, and regulations the Secretary Is au-
thorized to cooperate with the conservation
agencies of the adjacent States, and If he
deems it advisable, the Secretary is author-
ized to make use of such State agencies,
facilities, and employees as may be made
available to him.
The amendment strikes out all the
language after the word "States" on page
25, line 25. The sentence now reads:
In the enforcement of conservation laws,
rules, and regulations the Secretary is au-
thorized to cooperate with the conservation
agencies of the adjacent States.
-------
STATUTES AND LEGISLATIVE HISTORY
2517
Mr. DANIEL. Mr. President, will the
Senator yield?
Mr. CORDON. I yield.
Mr. DANIEL. Will the Senator ex-
plain the purpose of omitting the last
words from that sentence? In other
words, was it intended to change the
meaning or effect of the Senate provision
at all?
Mr. CORDON. The purpose of the
change as presented to the conference
by the House conferees was to make cer-
tain there would be no financial obliga-
tion on the Federal Government with
reference to payment for services of offi-
cials of the State.
Mr. DANIEL. In other words, was it
the idea of the conference that the Sec-
retary is authorized, in his cooperation,
to use the facilities of the States and
State officials, if available to him, in en-
forcing the conservation laws and the
conservation programs in the area?
Mr. CORDON. There was no agree-
ment in that field. The agreement was
that authority to cooperate with State
agencies was adequate to meet the ne-
cessities, and the elimination of the lan-
guage in question would make certain
that there was no financial obligation on
the part of the Federal Government in
connection therewith. I cannot make
a better explanation to the Senator from
Texas than that.
I call attention to the fact that a
colloquy was had on the floor with re-
spect to this amendment, offered by the
Senator from Texas, that the record of
the colloquy in the Senate would be the
best reference as to the meaning of the
provision, and that the sponsor of the
amendment made the statement on the
floor that there was no financial obliga-
tion entailed on the Federal Government
in such cooperation.
Mr. DANIEL. That is certainly cor-
rect. The States expect no payment for
any services they render under this pro-
vision. It happens to be a case in which
State cooperation will help the Federal
Government, and the States are not ask-
ing for any compensation. The main
thing on which I want to be clear is
whether the Senator from Oregon un-
derstands that under the wording left
by the conference the Secretary of the
Interior could use any facilities or ser-
vices which the States wished to make
available to him in carrying out or en-
forcing the conservation laws.
Mr. CORDON. To the extent that
such action on the part of the State
would be a legal action, the Senator from
Oregon is in full agreement. Coopera-
tion certainly cannot be a one-way street.
For example, at the present time, in
connection with the Mineral Leasing Act
and its application to federally owned
lands in the several States, there is co-
operation between the Federal Govern-
ment and the States in which those lands
lie.
The difference between that situation
and the one presented by the outer Con-
tinental Shelf is that, with respect to the
Mineral Leasing Act, the lands to which
the act is applicable are within the
boundaries of the State and there is a
degree of State jurisdiction. With re-
spect to the outer shelf lands, they are
wholly outside the boundary of any
State, and there is no jurisdiction on the
part of any State. To that extent there
cannot be an application of State law
under State jurisdiction. The distinction
is an important one which the Senator
from Oregon would like to have the
RECORD show.
Mr. DANIEL. I should like to ask one
further question. Is it the opinion of
the Senator from Oregon that if the
Secretary deems it advisable in carrying
on this cooperation with the State agen-
cies and officials, he is authorized to
make use of such State agencies, facili-
ties, and employees as may be made
available to him?
Mr. CORDON. Under existing law,
yes, but with special regard to the fact
that there is no State jurisdiction on the
outer Continental Shelf.
Mr. DANIEL. Yes; and the fact that
the States are not to receive any com-
pensation for it.
-------
2518
LEGAL COMPILATION—WATER
Mr. CORDON. That is correct.
Mr. DANIEL. The only thing I wish
to make clear is that in spite of the fact
that the conference has eliminated the
last words of this sentence the Secretary
will have authority to do exactly what
the Senate said when the bill was acted
upon in this body.
Mr. CORDON. That appears to be the
case, as the Senator from Oregon sees it.
Mr. DOUGLAS. Mr. President, will
the Senator yield?
Mr. CORDON. I yield.
Mr. DOUGLAS. Is it not true that
the primary responsibility for laying
down the conditions for granting leases
is to be in the hands of the Secretary of
the Interior, and is not to be delegated
or farmed out to the respective State
authorities?
Mr. CORDON. The bill goes further
than that, may I say to the Senator from
Illinois. Not only the primary power,
but the absolute and complete power,
rests in the Secretary. He is acting for
the Federal Government.
Mr. DOUGLAS. So the State authori-
ties will not have the power to determine
whether applicant A rather than appli-
cant B shall get a specific lease.
Mr. CORDON. Exactly.
The next amendment is found on page
28, and is a perfecting amendment. In
line 11, the words "oil or gas" are to be
inserted after the word "such." This is
a perfecting amendment to clarify the
language in the bill so as clearly to in-
dicate that the pipelines referred to,
which may be made common carriers,
are pipelines carrying oil or gas, and
would not be required to carry sulfur,
if technical developments make it possi-
ble to transport sulfur in this way.
The next amendment
Mr. DANIEL. Mr. President, will the
Senator read the sentence in line 11 to
which he has just referred?
Mr. CORDON. It is a long sentence.
It begins with the beginning of the para-
graph in line 3, and reads as follows:
(o) Rights-of-way through the submerged
lands of the outer Continental Shelf, whether
or not such lands are included in a lease
maintained or issued pursuant to this act,
may be granted by the Secretary for pipeline
purposes for the transportation of oil, nat-
ural gas, sulfur, or other mineral under such
regulations and upon such conditions as to
the application therefore and the survey, lo-
cation and width thereof as may be pre-
scribed by the Secretary, and upon the express
condition that such oil or gas pipelines
[p. 10472]
shall transport or purchase without discrimi-
nation, oil or natural gas produced from said
submerged lands in the vicinity of the pipe-
line in such proportionate amounts as the
Federal Power Commission, in the case
of gas, and the Interstate Commerce Com-
mission, in the case of oil, may, after a full
hearing with due notice thereof to the in-
terested parties, determine to be reasonable
taking into account, among other things,
conservation and the prevention of waste.
MINIMUM 5-PERCENT ROYALTY ON SULFUR
The next amendment reported for
adoption or rejection by the Senate is
on page 30 of the bill, in line 24. The
amendment there inserts the figure "5"
in place of the figure "10," in line 24.
The net effect is to reduce the basic or
minimum royalty on sulfur from 10 per-
cent to 5 percent.
In connection with this change the
conference had before it a letter from
the Secretary of the Interior indicating
that such investigation as his Depart-
ment could make revealed that a basic
royalty of 5 percent was probably more
realistic than 10 percent. Secretary Mc-
Kay added that in any event the Interior
Department would attempt to secure the
higher royalty in its call for bids for
sulfur leases in the area.
The next amendment is on page 31,
in line 12. It is wholly a perfecting
amendment. The word "the" is inserted
after the phrase "and thereafter pays
to" and before the word "Secretary", so
that the language will read: "and there-
after pays to the Secretary."
CHANGE IN DATE
On page 32 is found the next amend-
ment. It is the substitution of the date
"June 5, 1950," for the date "December
-------
STATUTES AND LEGISLATIVE HISTORY
2519
11, 1950," appearing in lines 20 and 21.
The change was made at the urging of
several conferees, in order that any op-
erator in the area who had drilled and
found oil might have the benefit of the
provision for extension of primary term
of lease, if there was production of oil
on June 5, the date of the decision in the
Louisiana and Texas cases, but oil was
not being produced on December 11, the
date of the decree and injunctions.
The representation made to us was
that the lessees were in effect precluded
from doing anything in the way of oper-
ations after the date of the decisions in
the Texas and Louisiana cases on June
5, 1950. Under the former language a
lessee might lose a lease because the pro-
duction from a well that might have kept
it alive happened to stop in November
1950. Since our purpose was to validate
the leases that were being operated and
held in good faith, the argument was
made that the date might well be
changed as suggested. Thus, the equi-
ties a lessee had under the situation just
outlined would be protected.
The next amendment is on page 33,
line 7, and is purely a perfecting amend-
ment, the words "subsection (b)" being
stricken, and the word "section" being
made "subsection." The last change is
at the end of the line.
The next amendment is on page 34,
in line 22. The words "Disclaimer and"
are stricken from the title of the section.
The language as adopted by the Senate
excluded any power for disclaimer, and
the amendment was made simply to
make the title responsive to the section.
The next amendment is amendment
No. 13, on page 35, line 2, and is purely
a perfecting amendment, the letter " (c) "
being stricken and the letter "(b)" being
inserted. It is done merely to correct
the reference.
SULFUR LEASING PROVISIONS
On the page 38 of the bill there is
amendment No. 14. The language in
the bill was changed in lines 11 and 12
beginning in lines 11 and 12. Begin-
ning on line 11 the words "require the
payment of a royalty of not less than 10
percent of the value of the sulfur"
was deleted and the following language
inserted: "require the payment to the
United States of such royalty as may be
specified in the lease but not less than 5
percent of the gross production or value
of the sulfur."
The change brings the new leasing
section in proper relationship to the
section respecting existing State leases
wherein the sulfur lease royalty mini-
mum was reduced from 10 to 5 percent.
The language was suggested by the De-
partment of the Interior and adopted
by the conference.
On page 39 appears amendment No.
16. It is line 7. The language "this
section 8 of this act" is stricken, and
after the word "act" the word "or" is
inserted.
In line 9, after the word "act" the lan-
guage down to and including the word
"act" is stricken. That is amendment
No. 17. The two amendments go to-
gether, so I have tied them together for
the purpose of explanation. The lan-
guage as it reads now, beginning with
the paragraph in line 6, reads as follows:
(h) The issuance of any lease by the Sec-
retary pursuant to this act, or the making of
any interim arrangements by the Secretary
pursuant to section 7 of this act shall not
prejudice the ultimate settlement or adjudi-
cation of the question as to whether or not
the area involved is in the outer Continental
Shelf.
That again is a perfecting amendment.
THE HILL AMENDMENT
We come now to the controversial Hill
amendment, which is section 9, begin-
ning in line 21 on page 39 of H.R. 5134
as amended by the Senate.
In accordance with the agreement in
conference, section 9 is stricken in its
entirety, and new language substituted.
The section reported by the conferees
simply makes the necessary provision
under the action taken for deposit of all
receipts in the Treasury, and the lan-
guage reads:
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2520
LEGAL COMPILATION—WATER
All rentals, royalties, and other sums paid
to the Secretary or the Secretary of the Navy
under any lease on the outer Continental
Shelf for the period from June 5, 1950, to
date, and thereafter shall be deposited in
the Treasury of the United States and cred-
ited to miscellaneous receipts.
That would be the ordinary route for
the money to take in this type of case.
Mr. DOUGLAS. Mr. President, will
the Senator yield?
Mr. CORDON. I yield.
Mr. DOUGLAS. Is it not true that
the oil for education amendment, other-
wise known as the Hill amendment, was
passed by the Senate by a vote of 47 to
35?
Mr. CORDON. My memory tells me
it was a vote of 45 to 37 but in any event
the figures are reasonably correct.
Mr. DOUGLAS. Is it not also true
that the House has never voted on the
oil-for-education amendment?
Mr. CORDON. That is technically
correct. The House has not voted on the
amendment separately, as a single
amendment.
Mr. DOUGLAS. That was the point
the Senator from Illinois wished to
make. So the conferees on the part of
the House had no clear mandate to turn
down the oil-for-education amendment.
Mr. CORDON. That is a matter of
judgment on the part of the individual.
The conferees felt they had.
Mr. DOUGLAS. The conferees
wanted to turn it down, but did they
have a mandate to turn it down?
Mr. CORDON. Their view was that
they did.
Mr. DOUGLAS. Is there any record
showing that the House of Representa-
tives turned down the oil-for-education
amendment when it was presented sep-
arately to them? Was it ever presented
separately to them?
Mr. CORDON. The Senator from
Oregon cannot answer that question
with certainty. It was not presented as
such in this particular measure. The
Senator is correct that far. He may be
correct all the way.
Mr. HOLLAND. Mr. President, will
the Senator yield?
Mr. CORDON. I yield.
Mr. HOLLAND. It is my understand-
ing that in the consideration of the Con-
tinental Shelf bill, the House did not
separately consider the oil-for-educa-
tion amendment. It is also my under-
standing that the House did consider two
oil-for-education amendments in con-
nection with the so-called tidelands bill
this year, and that it so considered it in
earlier years, although I have not
checked back to see the actual record
of the earlier years. I did check back on
the record for this year, and there were
two separate amendments by which the
House rejected the oil-for-education
amendment in the consideration of the
tidelands bill, not the Continental Shelf
bill.
Mr. CORDON. My researches show
that that is the correct statement of the
situation with reference to the House
form of the bill. The House considered
a bill dealing with the entire Conti-
nental Shelf, in which both lands within
State boundaries and the outer areas
beyond were included as a part of a
complete bill. To that extent the oil-
for-education amendment was a clear
presentation of the problem, but there
was involved—in order that we may
have the complete picture before us—
the other question, with respect to Fed-
eral control over the submerged lands
within State boundaries.
Mr. HOLLAND. The Senator from
Oregon is correct in his statement. The
House tidelands bill was enlarged above
as compared to what the Senate passed
in the way of a tidelands bill, and did
include, in addition to the tidelands, so-
called, that is, the submerged lands
[p. 10473]
within State boundaries, all lands out-
side State boundaries which comprehend
the outer Continental Shelf, which is
covered by this bill.
Mr. CORDON. The Senator is cor-
rect.
Mr. HILL. Mr. President, will the
-------
STATUTES AND LEGISLATIVE HISTORY
2521
Senator yield?
Mr. CORDON. I yield.
Mr. HILL. The truth is there has
been no vote in the House of Representa-
tives on the oil-for-education amend-
ment, except that the oil-for-education
amendment was embodied in the pro-
visions of two complete bills, which
provided for Federal control of the sub-
merged land resources from the low-
water mark seaward to the so-called
tidelands, as well as outer Continental
Shelf. Those two bills were offered as
substitutes for what we called the Hol-
land joint resolution or so-called Hol-
land bill, which dealt with the so-called
tidelands. But the oil-for-education
amendments were only provisions in-
serted in the overall bills, including
both the tidelands and the outer Con-
tinental Shelf.
Mr. HOLLAND. Mr. President, will
the Senator from Oregon yield to me?
Mr. CORDON. I yield.
Mr. HOLLAND. Did I correctly
understand the Senator from Alabama
to say that the two amendments con-
sidered by the House of Representatives
this year in considering their tidelands
bill, including not only lands within but
also lands without the State boundaries,
were not applicable to oil-for-education?
Mr. HILL. No; they were a part of
the substitute bills, and the substitute
bills included both the so-called tide-
lands and the outer Continental Shelf.
They were substitutes for the so-called
tidelands bill the House of Representa-
tives passed, which bill was analogous
to what we knew in the Senate as the so-
called Holland joint resolution, fre-
quently referred to as the Holland bill.
Mr. HOLLAND. That is not my
understanding. My understanding is
that two amendments embracing the
so-called oil-for-education philosophy
were submitted and were passed upon
by the House of Representatives.
Mr. HILL. Let me say that I have the
record before me, and those amend-
ments were not voted upon separately.
As a matter of fact, last year the dis-
tinguished Senator from Montana [Mr.
MANSFIELD], then a member of the House
of Representatives, offered the oil-for-
education amendment to the then so-
called tidelands bill, the Walter bill.
But the amendment went out on a point
of order; it was held to be out of order.
There has been no vote in the House
of Representatives on the so-called oil-
for-education amendment, as an amend-
ment, but only as a provision of a bill
offered as a substitute for the so-called
tidelands bill the House passed, namely,
the bill relating to both the so-called
tidelands and the outer Continental
Shelf.
Mr. DANIEL. Mr. President, will the
Senator from Oregon yield?
Mr. CORDON. I yield.
Mr. DANIEL. There was in the House,
in days gone by, a vote on the applica-
tion of these revenues to the payment of
the principal of the national debt. Such
an amendment was adopted a year or
two ago in the House of Representatives.
Was there any discussion in the confer-
ence committee of the possibility that if
the House could not agree on Federal aid
for education, the proceeds should be
applied to the national debt rather than
placed into miscellaneous receipts?
Mr. CORDON. There was such dis-
cussion, up to the time of the closing of
the last meeting, 2 days ago. The man-
agers on the part of the Senate urged
that the managers on the part of the
House agree to a simple sequestering of
the funds, and provide that they be held
in suspense for a period of, as first sug-
gested, 5 years, and, as later suggested,
3 years, and not be available for appro-
priation until affirmative action was
taken by Congress. That proposal also
was made, but was rejected.
Mr. DANIEL. Was any vote taken in
conference on the matter of applying the
funds to the principal of the national
debt?
Mr. CORDON. No formal vote was
taken on it. An informal poll was taken
on the matter, and it was rejected.
Mr. DANIEL. It has always been my
-------
2522
LEGAL COMPILATION—WATER
thought that a good way to use these
funds would be to apply them to the
principal of the national debt. From
what I hear today, that still seems to be
a good idea.
Mr. CORDON. There is no doubt that
we need to have some funds applied to
the national debt; there can be no ques-
tion about that.
DELETION OF HILL AMENDMENT
Mr. President, the change resulting
from the action of a majority of the
managers for the Senate would be to
eliminate section 9, appearing on pages
39 and 40, and at the same time section
16, appearing on pages 44 and 45, begin-
ning in line 24 on page 44. That section
carries the language of the amendment
to the Hill bill which was offered by the
Senator from Arkansas [Mr. McCLEL-
LAN], and was adopted by the Senate.
Mr. President, before I discuss the ma-
jor question, let me finish calling atten-
tion to the amendments which otherwise
appear in the conference report.
PROVISION FOR REFUNDS
Amendment No. 19 appears on page
40, in line 19: After the word "pay-
ment", to strike out the period and in-
sert the words "or the effective date of
this act." The amendment provides that
requests for overpayments may be made
within 2 years after payment; or if pay-
ment was made prior to the enactment
of this act, and if that period was more
than 2 years prior, the request may be
made within 2 years after the effective
date of the act, in any event.
The Senate provided that certain
notice be given to Congress with respect
to any refunds. The bill as passed by the
Senate provided for such notice to be
transmitted by the bodies to the Com-
mittee on Interior and Insular Affairs of
each body. It happens that this matter
was considered by the Committee on the
Judiciary of the House of Representa-
tives. So the language was changed, so
as to read, "to the appropriate legisla-
tive committee of each body."
Amendment No. 20 appears on page
41, and is, again, a perfecting amend-
ment.
NO AUTHORITY TO TERMINATE LEASES
On page 42 appears amendment No.
21, in line 10, and again in line 13. That
amendment strikes out the language
which would give the Secretary of the
Interior, upon a recommendation of the
Secretary of State, during a period of war
or national emergency, the right to ter-
minate leases. He would still have the
right to suspend operation under leases,
but not to terminate leases; and the
words "or to terminate", in line 10, are
stricken out; and in lines 13 and 14 the
words "or whose lease is thus termi-
nated" are also stricken out.
Amendment No. 22 appears on page
42, in line 17. It is a purely perfecting .
amendment. It would strike out the
word "the" in the latter portion of that
line.
Amendment No. 23 appears on page 44,
and is a perfecting amendment. The
word "in" is substituted for the word
"on," in line 7—in that line, the word
"on" is the second word; and in line 14,
the word "in" is substituted for the word
"of," which is the first word in that line.
IMPLEMENTATION OF HILL AMENDMENT
DELETED
Amendment No. 24 is to section 16. I
have described this amendment. It is a
portion of the amendment to the Hill
amendment. The whole section is
stricken out.
There is a further change—purely a
perfecting amendment—in line 22, and
there is a change in the section number,
and there is a like change in line 25.
Mr. President, that completes the list
of the changes. It is clear that there is
no major change in the sense of the act,
except as to the use of the revenues
which may arise under the act.
ACTION ON HILL PROPOSAL PRACTICAL
Mr. President, first, I address myself
to that question. I shall be brief.
-------
STATUTES AND LEGISLATIVE HISTORY
2523
As I see it, and as the majority of the
conferees saw it, this is wholly a prac-
tical question at this time. Your con-
ferees—both the majority and the
minority members—did everything they
could to obtain agreement by the con-
ferees on the part of the House with the
action taken by the Senate. When they
could not get that, they sought agree-
ment on something in lieu of that action.
They were advised—and I am sure
the minority members will concur in my
statement—by the managers on the
part of the House that they had their
directions regarding this matter, namely,
not to recede in any respect, at any time,
on this point. We were given to un-
derstand that, rather than recede, the
managers on the part of the House
simply would not make a report to the
House. We were in favor of having the
whole matter in disagreement taken
back to the House. The House managers
advised that they would not so report.
Under the circumstances, the Senate
conferees were unanimous in feeling
that the matter was of sufficient im-
portance to justify presenting it to the
Senate and requesting the Senate to take
action.
[p. 10474]
JURISDICTION OVER OUTER CONTINENTAL
SHELF
Mr. President, we have here a bill
giving legislative weight to and imple-
menting the claim now made by the
United States of jurisdiction over the
subsoil of a vast outer Continental Shelf
along the shores of the United States.
There are known to be valuable deposits
of minerals, chiefly oil and gas, but also
sulfur and perhaps other minerals,
within the Gulf area, and there is reason
to believe there may be such deposits
along the Atlantic and Pacific seaboards.
Those deposits cannot be explored or
developed without statutory authority.
There is no law that now appertains to
the areas where these deposits exist,
other than the law of the open sea. They
are not areas over which there is abso-
lute sovereignty on the part of the
United States. They are peculiar in that
respect, and the application of law must
be by congressional action. Otherwise
there will be no law, except maritime
law, applicable to the waters above the
Continental Shelf. It is imperative that
the implementation be made; and it is
vital to the United States that it be
made at as early a date as possible.
There has been a cessation of explora-
tion and the investment of large amounts
of capital for the production of oil and
gas, as a result of injunctions which were
issued in December 1950.
NO DEVELOPMENT BY FEDERAL GOVERNMENT
There is no way by which this job can
be done except as it might be done by the
Federal Government itself. There are
no funds made available along that line,
nor has any fund been requested;
nor, I imagine, would any be granted.
The amendment offered by the Senator
from Alabama, as amended by the Sen-
ator from Arkansas, and agreed to by the
Senate, is one which requires additional
affirmative legislative action before it is
implemented. The funds accruing from
operations on the outer Continental
Shelf can be made available for such
dedication, or for any other purpose
other than that of national defense, dur-
ing the next 3 years.
Under those circumstances, and faced
by an action on the part of the House
indicative of a determination that the
House would legislate on the outer Shelf
only, and would require any legislation
with respect to the disposition of funds
to go to the legislative committee having
jurisdiction of the subject matter for
which disposition was intended, the con-
ferees on the part of the Senate felt that
it was better to bring the bill to the Sen-
ate floor. This action gives the Senate
an opportunity to concur, to agree to
the conference report, and to enact the
bill without reference to this or any
other particular or specific application of
the funds. Thus, action can go forward,
which must go forward if there are to
be any funds, beyond those that are now
-------
2524
LEGAL COMPILATION—WATER
available, produced for any purpose.
Mr. DOUGLAS. Mr. President, will
the Senator yield for a question?
Mr. CORDON. I yield to the Senator
from Illinois.
Mr. DOUGLAS. Would it be fair to
say that the House Managers staged a
threatened sit-down strike in order to
coerce the conferees on the part of the
Senate?
Mr. CORDON. The condition was as
the Senator from Oregon has presented
it; and one may characterize it in various
ways. We were faced with a condition,
not a theory.
PRINCIPLE OF HILL AMENDMENT NOT
ENDANGERED
Mr. President, I urge the Senate to
accept the conference report. I believe
it can accept it without any danger to
whatever rights might be created were
the Hill amendment to remain in the
bill. Inasmuch as legislation must be
passed before any funds can ever be al-
located or paid to any State or agency,
or for the benefit of any school child,
we would be in no worse position if we
were to pass the bill now, and then turn
to the subject matter of disposition of
the fund, since, under the terms of the
Hill bill, there would have been 3 years
within which to work out that disposi-
tion. We can do that if we accept the
conference report, pass the bill, and pro-
vide legislation under which that action
can be taken which it is necessary to take
if revenues are to accrue from the outer
shelf henceforth.
That can be done without prejudice to
the disposition of the funds. That can
be done and the question of disposition
be resolved any time within 3 years
without the loss of $1 of revenue, if we
are to assume that there is loss of reve-
nue if the funds go into the Treasury as
general revenues and are applied for
general governmental purposes. If we
are to look at this matter as one of
protecting only education in this coun-
try, there is no loss to education if we
take this road.
My position with reference to the Hill
amendment was made plain on the Sen-
ate floor. Nevertheless, it has been my
position, here as always, that if I serve
on a conference, my obligation to the
Senate is to protect as far as possible
the integrity of the Senate and the ac-
tion taken by the Senate. That was the
view taken by all of the conferees on the
part of the Senate.
CONFERENCE REPORT WOULD BRING IN
REVENUES
When we were faced with an impasse,
when we were face to face with the fact
that there could be no report except a
report of disagreement on this side, in
which the House conferees refused to
participate, it seemed to be just prac-
tical, sound, good sense to bring to the
Senate that portion of the bill upon
which agreement could be reached, and
to give the Senate an opportunity to
ratify the action of its conferees. By
accepting the conference report we get
an outer shelf bill on the statute books,
under which revenue could commence
to come in for whatever purpose the
Congress might deem it should be used,
including, of course, the purpose set out
in the Hill amendment.
Mr. ROBERTSON. Mr. President,
will the Senator yield for a question?
Mr. CORDON. I yield to the Senator
from Virginia.
Mr. ROBERTSON. Is it not also a
fact that, whether the Hill amendment
remained in the bill or not, not one
penny could go to the schools until
Congress had passed a bill authorizing
Federal aid to schools, involving the
troublesome question of whether it
should be limited to the public schools
or should be given to both public and
parochial schools, as well as other types
of schools?
Mr. CORDON. That is correct. It is
perfectly apparent that that is the situa-
tion. The Senator from Oregon is al-
ready being deluged with telegrams,
many of them couched in exactly the
same language, and all of them urging
-------
STATUTES AND LEGISLATIVE HISTORY
2525
that the word "public" be inserted be-
fore the word "education."
The question is already abroad, and
the discussion will become hotter as the
days and months go by. We shall have
to settle it finally. We face a necessity
not only of determining the religious or
public versus private school question,
but also the question of allocation, the
question of what yardstick is to be used,
and for what purpose in the field of edu-
cation the money is to be used. All of
those questions we must face, under
either approach.
Mr. MURRAY. Mr. President, will
the Senator yield?
Mr. CORDON. I yield.
Mr. MURRAY. I should like to ask
the Senator from Oregon if it is not true
that one of the House conferees was in
favor of the oil-for-education amend-
ment? I did not consider the other
House conferees as being adamant
against it. They seemed to assume that
the Senate conferees would recede.
They did not make any strong argu-
ment or give any sound justification for
their position, but they acted as though
they expected us to recede.
Mr. CORDON. Of course, every man
looks at a picture through his own eyes.
They stated emphatically, not once but
many times, that on this matter they
stood 6 to 1 and that they were going to
stand 6 to 1, and would not report the
amendment back to the House.
The Senator from Montana was not
always present.
Mr. MURRAY. I was there all the
time.
Mr. CORDON. Then the Senator was
hiding from the Senator from Oregon.
Mr. MURRAY. I was sitting right
next to the Senator from Oregon.
Maybe I was so close to him that he
could not see me.
Mr. CORDON. Usually the Senator
from Montana makes himself heard. I
am happy to say that the Senator took
part in the discussion and worked
through it. I was under the impression
that during a portion of the time the
Senator was not present.
Mr. MURRAY. I know I was there
all the time.
Mr. CORDON. Then the Senator
from Oregon is mistaken and he regrets
his mistake.
Mr. MURRAY. It seems to me that
there was no such position taken by the
other conferees on the part of the House.
They were quiet about it. They as-
sumed that the Senate conferees would
recede. That is the way I understood
it. I did not hear any very vocifer-
ous objections to the oil-for-education
amendment.
Mr. CORDON. I can only say to the
Senator from Montana that the Senator
and I differ with respect to what was
said and how it was said. I can under-
stand the Senator's view, but I will have
[p. 10475]
to let each member of the conference
speak for himself. I should like to have
the Members of the House speak for
themselves on this floor as they did in
the conference. I know the situation
which faced us was one that had to have
either this answer, or, in this session, no
answer.
MAJORITY OF CONFEREES APPROVED
I am presenting the matter to the
Members of the Senate as the action of a
majority of the conferees. The Senator
from New Mexico was in complete
agreement with all the actions taken ex-
cept the action with respect to the Hill
amendment as amended. The Senator
from Montana did not sign the report.
I am sure he is fully able to present his
own reasons. I believe he was in accord
with the actions taken except that taken
on the Hill amendment.
Mr. President, I urge the Senate to
accept the conference report, to get this
bill on the statute books, and the oil, gas,
and sulfur, if we can find it, produced
so that we may have something about
which we may fruitfully legislate,
namely dollars in the Treasury.
[p. 10476]
The Senate resumed the considera-
-------
2526
LEGAL COMPILATION—WATER
tion of the report of the committee
of conference on the disagreeing votes of
the two Houses on the amendments of
the Senate to the bill (H.R. 5134) to
amend the Submerged Lands Act.
Mr. HILL. Mr. President, I regret
that the majority of the Senate confer-
ees did not see fit to bring back in dis-
agreement the bill for the development
of the outer Continental Shelf, which
would have made it possible, without
voting down the conference report, to
get a direct vote again by the Senate on
the oil-for-education amendment. As
the situation now stands, however, the
conferees having not seen fit to follow
the course of reporting a disagreement,
but having signed the conference report
and agreed to it, the only course open to
the Seriate is to vote down and reject
the conference report.
That is what I very much hope the
Senate will do. If the Senate will do it,
we will have an opportunity to in-
struct the Senate conferees further with
reference to the oil-for-education
amendment.
The chairman of the Senate conferees,
the distinguished Senator from Oregon
[Mr. CORDON] has told the Senate very
candidly and very frankly that six of
the House conferees simply sat there in
the conference and said to the Senate
conferees, "We will do nothing about this
unless you agree to abandon, to desert,
the oil-for-education amendment."
The oil-for-education amendment was
agreed to by the Senate by a vote of 45
to 37. I may say that along with the
oil-for-education amendment, and com-
plementary to it, was the amendment
offered by the distinguished Senator
from Arkansas [Mr. MCCLELLAN]. The
House conferees sat there—six of them—
six out of a membership of 435—and
said, "Either throw out the amendment
of the Senator from Arkansas, together
with the oil-for-education amendment,
or we do nothing. We will just sit here.
We will not even take the bill back to the
House of Representatives and report a
disagreement."
Mr. McCLELLAN. Mr. President, will
the Senator yield?
Mr. HILL. I yield to my distinguished
friend.
Mr. McCLELLAN. The amendment
referred to by the distinguished Senator
[p. 10748]
from Alabama as the amendment of the
Senator from Arkansas is the amend-
ment which was actually offered by the
distinguished Senator from South Da-
kota, but I had offered it previously.
Certainly the amendment did no vio-
lence in any way to the amendment of
the distinguished Senator from Ala-
bama. It was my purpose, in supporting
the amendment and in cosponsoring it,
to implement and strengthen the amend-
ment of the Senator from Alabama,
which I was happy to support.
Mr. HILL. The Senator from Arkan-
sas supported the oil-for-education
amendment and, as he has said, it was
very definitely his intention and his de-
sire to strengthen the amendment and
to strengthen the cause of the amend-
ment when he supported the amend-
ment offered by the distinguished
Senator from South Dakota to which the
Senate agreed.
Mr. McCLELLAN. Mr. President, will
the Senator from Alabama yield further?
Mr. HILL. I yield.
Mr. McCLELLAN. May I ask what
the situation is? Unfortunately I had
to be out of the Chamber on committee
work and on other matters. Are we in
the situation that we must either vote
to accept the report of the conference
or to reject it and send it back for fur-
ther conference?
Mr. HILL. The Senator from Arkan-
sas has accurately stated the situation.
Mr. McCLELLAN. It is not necessary
to move to send it back?
Mr. HILL. No. The question will
come on the agreement to the confer-
ence report. On that question I hope
the Senate will vote "nay," and thereby
reject the conference report. If the Sen-
ate will do that, we can insist on the
-------
STATUTES AND LEGISLATIVE HISTORY
2527
Senate amendment, and ask for a fur-
ther conference; and the Senate can even
go further, by giving instructions to its
conferees with reference to the oil-for-
education amendment, or any other pro-
vision in the bill.
Mr. McCLELLAN. I hope the Senate
will not hastily accept the conference
report under these circumstances, be-
cause I feel the conferees on the part
of the House have not given the matter
the serious consideration and under-
standing it deserves. I had hoped that
the Senator's amendment would be re-
tained so that we might make that much
further progress toward a solution of the
entire problem. There is still lacking
a working out of a proper and clear for-
mula for the allocation of the funds.
Mr. HILL. But there would be a difi-
nite dedication of the funds to education,
insuring and guaranteeing that the funds
would be so applied.
Mr. McCLELLAN. The effect of the
amendment would be to dedicate the
funds, but there would be left the work-
ing out of a satisfactory formula.
Mr. HILL. Yes. I thank the Senator
for what he has had to say, and I em-
phasize to him, as I sought to emphasize
earlier, that there has never been in the
other House a vote on the oil-for-edu-
cation amendment, except as it was a
provision, along with a number of other
provisions, in a bill offered as a substi-
tute. When the distinguished Senator
from Montana [Mr. MANSFIELD], then a
Member of the House, last year offered
the amendment to the so-called tide-
lands bill, it was ruled out on a point
of order. This year Representative
FEIGHAN, of Ohio offered a substitute for
the so-called tidelands oil bill, which
embodied not only a provision for oil-
for-education, but also carried many
provisions, taking in not only the so-
called tidelands but also the lands on the
outer Continental Shelf.
Representative PERKINS offered a sim-
ilar substitute proposal, and that pro-
posal carried with it not only the
oil-for-education amendment, but also
many other provisions dealing with so-
called tidelands and dealing with the
lands on the outer Continental Shelf.
So it is absolutely correct and accurate
to state that the House has never had
an opportunity to vote on an oil-for-
education proposal, except as tied in
with and as one provision in other bills
dealing with the resources of the sub-
merged lands.
Mr. FULBRIGHT. Mr. President, will
the Senator yield?
Mr. HILL. I yield.
Mr. FULBRIGHT. I do not quite un-
derstand the situation with respect to the
conferees not reaching an agreement on
the amendment.
Mr. HILL. The distinguished Senator
from Oregon [Mr. CORDON] spoke about
that situation at a time when the dis-
tinguished Senator from Arkansas was
not able to be on the floor. If I do not
quote the Senator from Oregon cor-
rectly, I would be delighted to have him
make the statement in his own way; but,
as I understood the distinguished Sena-
tor from Oregon, the House conferees—
6 members out of a total membership of
435—sat there in the conference and took
the position that they would not report
a disagreement and take the bill back to
the House, and would not do anything
unless the Senate conferees agreed
to throw out the oil-for-education
amendment.
Mr. CORDON. Mr. President, will the
Senator yield?
Mr. HILL. I yield to the distinguished
Senator from Oregon. He sat in the
conference. The Senator from Alabama
was not a member of the conference. I
yield to the Senator from Oregon.
Mr. CORDON. I am not attempting
to justify the position of the House
Members.
Mr. HILL. I appreciate that fact.
Mr. CORDON. I am merely reciting
the position taken by them. The House
Members took the position, first, that the
matter was not before their committee,
and, second, they had a record of a point
of order having been raised previously
-------
2528
LEGAL COMPILATION—WATER
to that type of legislation, and the order
being sustained—that was the Mansfield
case—and they were instructed to stand
by the provision of the House with re-
spect to the disposition of the funds.
Mr. HILL. Did they state who in-
structed them?
Mr. CORDON. They did not state, but
from other sources, including some
Members on the Senator's side of the
aisle, the position they held was the
position of the leaders of both parties in
the House.
Mr. LEHMAN. Mr. President, will the
Senator yield for a question?
Mr. HILL. That might be true; but
we find ourselves in the situation that
the Senate is now asked to sign articles
of capitulation and surrender to six
Members of the House of Representa-
tives.
Mr. FULBRIGHT. Mr. President, will
the Senator from Alabama yield to me?
Mr. HILL. I yield.
Mr. FULBRIGHT. I wish it to be
perfectly clear that this amendment
was never voted on by the House of
Representatives.
Mr. HILL. That is correct; the
amendment never was voted on by the
House.
Mr. FULBRIGHT. The point of order
made last year could not have any ap-
plication to this bill, could it?
Mr. HILL. Not at all. As I tried to
make clear, the amendment was offered
in the House of Representatives by the
distinguished Senator from Montana
[Mr. MANSFIELD], then a Member of the
House. It was offered to the so-called
tidelands bill, not to this bill.
Mr. FULBRIGHT. I have never heard
of a case in which the conferees of either
House simply refused to make a report.
Do the conferees have a right to refuse
to report to their House? If they wish
to be arbitrary, can they simply refuse
to report to their House, when there is
disagreement among the conferees?
Mr. HILL. I suppose they can, if they
can "get by with it"—as the conferees
on the part of the House did in this case.
Mr. FULBRIGHT. But, according to
the practice, can one group of conferees
simply refuse to report to their House,
if there is no agreement between the
conferees? Is that the practice?
Mr. HILL. The conferees have great
power. I would not say that under the
rules of the House or the Senate, it might
not be possible to discharge the con-
ferees. But I do not think that has
occurred.
Mr. FULBRIGHT. Has the Senator
from Alabama ever heard of a similar
case?
Mr. HILL. No; I do not think I have
ever known of a time, during all my
service in the Senate, when the Senate
has discharged its conferees. However,
that is the situation with which we are
confronted; the conferees on the part
of the House say, "Nothing doing. Sign
up. Surrender, abandon, desert."
Mr. LEHMAN. Mr. President, will the
Senator from Alabama yield to me?
Mr. HILL. I yield.
Mr. LEHMAN. Do I correctly under-
stand that an amendment similar to the
Hill amendment has never been
adopted on the floor of the House of
Representatives ?
Mr. HILL. I would not say that.
The Mansfield amendment was an
amendment
Mr. LEHMAN. I mean this year.
Mr. HILL. Not as an amendment in
and of itself.
There was a provision in the Feighan
substitute bill and also a provision in
the Perkins substitute bill, but that
[p. 10479]
was only one provision among many
others in those bills.
Mr. LEHMAN. But the amendment
itself, as such has never been voted on
by the House. Is that correct?
Mr. HILL. There never has been a
vote in the House of Representatives on
the amendment, in and of itself.
Mr. LEHMAN. So that action on the
part of the conferees representing the
House was clearly arbitrary, was it?
-------
STATUTES AND LEGISLATIVE HISTORY
2529
Mr. HILL. Mr. President, under the
rules, we are not supposed to indulge in
criticism of the other body.
Mr. LEHMAN. I withdraw the word
"arbitrary."
Mr. HILL. But the distinguished Sen-
ator from Oregon [Mr. CORDON] has
stated the situation. As he has stated,
the conferees on the part of the House
said, "We will have nothing to do with
that amendment, and there will not be a
conference report unless the Senate con-
ferees surrender."
Mr. President, I do not like the word
"surrender."
Mr. MURRAY. Mr. President, will
the Senator from Alabama yield to me?
Mr. HILL. I yield.
Mr. MURRAY. In the conference, the
conferees on the part of the House did
not present a case against the oil-for-
education amendment. There was no
discussion at all. The House conferees
merely expected the Senate to recede.
Mr. HILL. Mr. President, the Sena-
tor from Montana was a member of the
conference. As he has testified this aft-
ernoon, he attended every meeting of
the conference. I wish to thank him for
his service there.
Mr. President, I served for a number
of years in the House of Representatives,
and I am very proud of that member-
ship. I would certainly reject any idea
that the House of Representatives did
not have the courage to vote on this
amendment. In fact, a number of Mem-
bers of the House of Representatives
have said to me, "We are in favor of the
amendment, and we would like to have
an opportunity to vote on it."
Certainly, Mr. President, every one of
the Members of the Senate met the issue.
Not all Senators voted for the amend-
ment; for reasons that were good and
sufficient to them, some Senators did
not see fit to vote for the amendment.
But the Senate voted on the amend-
ment. The Members of the Senate faced
the question and met the issue presented
by the amendment.
Why should not the House of Repre-
sentatives speak on this issue? Why
should not the House of Representatives
vote on it?
Frankly, Mr. President, I do not know
how the House would vote. But, regard-
less of whether the House voted the
amendment up or voted the amendment
down, at least in that case we would
know how the House felt about the
amendment, rather than be in our pres-
ent situation, when we know only how
six Members of the House happened to
feel about it.
So, Mr. President, why should not the
Senate insist that the conference report
be returned for further conference?
Mr. FULBRIGHT. It should.
Mr. HILL. Yes, certainly it should,
as the Senator from Arkansas has said.
In that way we should let the Members
of the House of Representatives, as the
chosen representatives of the people,
face this matter squarely and cast their
votes on the amendment.
That is the only fair and reasonable
thing to do, consistent with the dignity,
stature, and position of the Senate of
the United States. Surely we still be-
lieve in the Constitution, and surely we
still believe that the House and the Sen-
ate are equal bodies, and should con-
tinue as such. But how long can that
equality last if the Senate is to surrender
to 6 Members of the House of Repre-
sentatives—6 out of a total membership
of 435.
Mr. President, the Members of the
Senate have faced this issue. This
measure presents the immediate and the
challenging and the golden opportunity
to dedicate these revenues to education,
to let the American people know now
that we mean to do something about the
crisis in American education, and that
we have acted to do something about
that crisis—not that we have postponed
and put off and thereby perhaps weak-
ened and even endangered the future
possibility of this dedication.
What shall we tell a teacher in a re-
mote area, who is teaching in a one-
room schoolhouse? Shall we say we
-------
2530
LEGAL COMPILATION—WATKR
would not stand up and fight, so that the
teachers of the United States may have
more adequate compensation? Are we
going to say that? Many of the teach-
ers today are living on a mere pittance.
The teachers are inadequately paid.
Today the teachers of America consti-
tute the lowest paid group in the United
States. Yet are we going to say to them,
"Well, we just surrendered; we just gave
up. We deserted your cause."
What are we going to say to the par-
ents of all the boys and girls, the fine
young children who attend classes in
the schoolhouses of this land? Those
boys and girls cannot speak for them-
selves. To use the words of Daniel
Webster:
Though they cannot speak for themselves,
there are those who love them.
What are we to say to the fathers and
mothers of these children? They know
the conditions under which their chil-
dren go to school. They know the di-
lapidated condition of the American
school system, the crowded condition of
the classrooms, and the inadequacy of
the school buildings. They know that
the education of their children is being
virtually cut in half because of the dilap-
idated condition of the classrooms and
school buildings. They know that more
than a million American children are
forced to go to'school half-time, because
of double shifts in schools, and they
know that some schools even have three
shifts a day. They know that the edu-
cation of millions of American children
is suffering because of the fact that
the teachers are paid so little. The
teachers have been given such small re-
ward for the work they do, that literally
thousands of them have been forced to
leave the teaching profession, and to take
jobs in industry—in defense plants and
in other avenues of business. The result
of that shift is that in many cases the
replacement teachers are inadequately
trained and inadequately prepared.
Mr. President, just as water cannot
rise higher than its source, so a class of
schoolchildren cannot be better than
its teacher. Let us remember that if we
do not fill each golden minute "with 60
seconds' worth of distance run," we can
never reclaim those seconds. If a child's
education is impaired today, if the child
is taught by a poorly trained, inadequate
teacher, that child never can go back
and reclaim the lost time. It is gone,
and gone forever.
So, Mr. President, what are we to say
to the parents of these boys and girls,
these fine young lads and lasses of
America, who are to be the citizens of
tomorrow? If we do not stand up for
them, if we say, "We took our stand,
but because 6 Members of 435 Mem-
bers of the House of Representatives
said, 'You have to surrender,' we pro-
ceeded to surrender," what will the
parents of the schoolchildren of America
say?
Mr. KEFAUVER. Mr. President, will
the Senator yield for a question?
Mr. HILL. I yield to the distinguished
Senator from Tennessee.
Mr. KEFAUVER. I am very glad the
Senator is making such a strong fight
to get the Senate to reject the conference
report. I need not say to the Senator,
who served, as have several of us, in the
House of Representatives for a number
of years, that the majority of Senators
are in favor, through the use of this fund,
of doing something for the schools of the
Nation. Does the Senator not feel that
the majority of the Members of the
House of Representatives would also be
eager to assist the educational institu-
tions of the country, if they but had an
opportunity to vote on the amendment?
Mr. HILL. I may say to my friend, as
I said a little earlier, a number of Mem-
bers of the House of Representatives
have voluntarily said to me, "We are for
your amendment; we would like to vote
for the amendment; we want an oppor-
tunity to vote on the amendment." I
think the Senator from Tennessee is ab-
solutely correct. The Senator served in
the House, just as I had the great honor
of serving in the House, and he knows,
-------
STATUTES AND LEGISLATIVE HISTORY
2531
I am sure, that the Members of the
House, as well as the Members of the
Senate, are willing to meet their respon-
sibility, we are willing to discharge their
duties, to face the issues, and that they
would be glad to vote on the amendment.
Mr. KEFAUVER. Does the Senator
feel that, in order that they may have an
opportunity to express themselves, we
ought to stand unitedly for the rejection
of the conference report, in order to en-
able Members of the House to have an
opportunity to vote on the amendment?
Mr. HILL. That is exactly what I am
urging the Senate to do.
Mr. President, what are we to say to
the teachers and parents back home?
What are we to say to the great educa-
tional organizations, such as the National
Education Association, the American
Council on Education, the American
Federation of Teachers—which has been
fighting for this amendment for so
long—the American Vocational Educa-
tion Association, the American Library
Association, the National Grange, the
National Farmers Union, the Coopera-
tive League of the U.S.A., the American
[p. 10480]
Federation of Labor, the CIO, many
other great organizations? Mr. Presi-
dent, if there is no objection, I wish to
place this list in the RECORD, a list of
those who have been fighting for this
amendment for over 2 years. They have
poured out their hearts, their efforts, and
their labor in support of this amendment,
seeking to do something for our schools
and for our schoolchildren.
There being no objection, the list was
ordered to be printed in the RECORD, as
follows:
THESE ORGANIZATIONS HAVE ENDORSED THE
HILL OIL-FOR-EDUCATION AMENDMENT
National Education Association; ' the
American Council on Education; the Ameri-
can Federation of Teachers; the American
Library Association; the American Voca-
tional Association, Inc.; the National Grange;
National Farmers Union; the Co-op League
of the United States of America; the Ameri-
can Federation of Labor; the Congress of
Industrial Organizations; the Railway Labor
Executives Association; the Oil Workers In-
ternational Union; the Communications
Workers of America; the Textile Workers
Union of America; the United Mine Work-
ers; the United Automobile Workers; the
Friends Committee on National Legislation;
Americans for Democratic Action; Students
for Democratic Action; the Brotherhood of
Maintenance of Way Employees; Switch-
men's Union of North America; the Order
of Railroad Telegraphers; Brotherhood of
Railway Clerks; American Train Dispatchers'
Association; International Association of
Machinists; International Brotherhood of
Boilermakers; International Brotherhood of
Blacksmiths; Brotherhood of Railway Carmen
of America; Sheet Metal Workers' Inter-
national Association; International Brother-
hood of Electrical Workers; International
Brotherhood of Firemen and Oilers; Brother-
hood of Railroad Signalmen of America;
Railroad Yardmasters of America; Brother-
hood of Sleeping Car Porters; Hotel and
Restaurant Employee's and Bartenders' In-
ternational Union; National Organization
Masters, Mates, and Pilots of America; Na-
tional Marine Engineers' Association; Inter-
national Longshoremen's Association; the
Order of Railway Conductors; the Brother-
hood of Locomotive Firemen and Engine-
men; the United Rubber, Cork, Linoleum,
and Plastic Workers; the Women's Interna-
tional League for Peace and Freedom; the
Mayors' Committee for Offshore Oil; and the
NBA Department of Classroom Teachers.
Mr. HOEY. Mr. President, will the
Senator yield?
Mr. HILL. I yield to the Senator from
North Carolina.
Mr. HOEY. I wonder what the Sena-
tor thinks about the matter of public
education. I have received probably a
hundred telegrams from my State, and
perhaps 200 letters, complaining because
the word "public" is not used before the
word "education." What does the Sen-
ator from Alabama have to say about
that?
Mr. HILL. All in the world that is
proposed under this amendment is that
Congress make the funds available for
purposes of primary, secondary, and
higher education. It was made very
clear at the time the amendment was
agreed to that Congress would have to
enact future legislation providing for
distribution of the funds before any of
the funds could be used. The only issue
involved in- the amendment is the issue
-------
2532
LEGAL COMPILATION—WATER
of whether the funds shall be used for
education or whether the funds will go
for some other purpose.
Mr. HOEY. Does the Senator feel that
there is no possibility, under the pres-
ent conference report of changing that
provision in any way?
Mr. HILL. I do. I may say to the
Senator that, once the conference re-
port is voted down, and the bill sent
back to conference, it will then be in
the hands of the conferees. The pro-
vision would be in conference and under
the rules of the Senate and the House
subject to change or amendment by the
conferees.
Mr. HOEY. Does the Senator mean
that the conferees could submit another
report, with the -word "public" included
in the provision?"
Mr. HILL. The committee on con-
ference would have the power to do that
or make other changes.
Mr. President, I realize that we should
vote, and I do not want to take further
time of the Senate. I sought when the
amendment was before the Senate, to
emphasize the necessity of providing
better training and better education for
our young people, in order to meet the
compelling needs of national security.
I cited reports by many distinguished
commissions and councils, reports which
have been issued within the past 2 or 3
months, and which declare emphatically
that our national defense is today suffer-
ing, and is today threatened as a result
of our failure to build our human re-
sources; that is, to properly train, pre-
pare, and educate our children.
I gave as an illustration the testi-
mony of Dr. Waterman, head of the Na-
tional Science Foundation, who, a few
weeks ago, in testifying before the House
Appropriations Committee, called atten-
tion to the fact that by 1955 Russia will
be graduating 50,000 engineers a year,
while we will be graduating ony 17,000.
I read the report of the Engineers Joint
Council, in which it is stated that we
are, even today, being delayed in getting
defense production and in carrying out
defense contracts, by reason of the
shortages of engineers, scientists, physi-
cists, and chemists. The council did
not stop there. It emphasized the short-
age of doctors, nurses, and skilled spe-
cialists of all kinds. I may say that two
of the commissions that made the reports
were appointed by President Eisenhower
when he was president of Columbia
University.
Mr. President, unless we reject the
conference report, we reject that which
has been called the opportunity for an
act of statesmanship equivalent to what
was done in 1785, 1787,1862, and in other
great landmarks in the leadership of the
Federal Government in developing edu-
cation in this country. We recall the
words of Daniel Webster, spoken of the
ordinance of 1787 which set aside every
16th section of the public lands west of
the Appalachian Mountains for the es-
tablishment and maintenance of schools.
Webster declared.
I doubt whether one single law of any
lawgiver, ancient or modern, has produced
effects of more distinct, marked, and lasting
character than the ordinance of 1786 * * *
it set forth and declared it to be a high and
binding duty of the Government to support
schools and advance the means of education.
Throughout the entire life of our
country, Congress has been faithful to
this duty as declared by our Founding
Fathers and has passed some 160 acts
providing for public-land revenues or
general revenues for education. But if
we adopt this conference report today
we have witnessed an abrogation of this
duty.
Mr. President, our Nation has grown
great, rich and powerful, achieved the
highest level of civilization, productive
genius and standard of living in the his-
tory of man, not just because we were a
broad expanse of fertile earth with ver-
dant forests, deep rivers, and rich
natural resources, but because our fore-
fathers had the vision and the wisdom
to use our natural wealth given by a
bountiful Creator to provide an educa-
tional system that gave to our people the
-------
STATUTES AND LEGISLATIVE HISTORY
2533
highest general level of intelligence and
gave to our people the finest agricultural,
industrial, professional, and scientific
education and training on this earth.
Every one of the 159 million Ameri-
cans owes a great debt to this heritage
of education which our forefathers pro-
vided through the great land grants.
All we seek by this amendment is to
carry forward that great policy.
Mr. President, I speak of this amend-
ment as the oil-for-education amend-
ment. Some persons have spoken of it
as the Hill amendment. I want to say
that the amendment has 35 sponsors.
We sat here a little earlier this after-
noon and were moved by the beautiful
and richly deserved tributes paid to our
great former colleague, the Senator from
New Hampshire, Charles Tobey. This
amendment had no more devoted advo-
cate than Charles Tobey. I should like
to think that this amendment will stand
through the years as a testimonial to the
vision and the faith of Charles Tobey.
He was one of the original 11 sponsors
of this amendment. In season and out
of season he fought the battle for the
amendment.
Mr. President, I know Senators wish
to vote. I shall not delay them longer,
except to say: Let us stand fast. Let
the Senate be true to the stature, the
position, the dignity, and the equal
rights of the Senate in our legislative
processes. Let the Senate be true to the
teachers all over the land. Let the Sen-
ate keep faith with our school children
and with the mothers and fathers of
those children, and keep faith with our
country, and insist that the House at
least take a vote on this amendment, a
vote which we know has never been
taken. Let us stand today for our chil-
dren and for our country and insist that
the House speak on this amendment.
Mr. MURRAY. Mr. President, I de-
sire to confirm everything the distin-
guished Senator from Alabama [Mr.
HILL] has said this afternoon in his
effort to have the Senate reject this con-
ference report. I rise to oppose accept-
ance by the Senate of the conference
report on the Continental Shelf bill. I
refused to sign the conference report be-
cause I thought it was absolutely wrong
for 6 Members of the House to feel that
they should ask the Senate conferees to
recede from this amendment when it had
been agreed to by the Senate with a very
substantial majority voting in favor of it.
The very first of the reasons why I feel
the House of Representatives should not
[p. 10481]
take this attitude is that they them-
selves, as pointed out by the distin-
guished Senator from Alabama, have
never voted on the question. It seems to
me they should exercise the same demo-
cratic principles in the House that we
exercise in the Senate. The House con-
ferees should have taken the issue to the
House for a vote before expecting the
Senate conferees to recede.
Even if I did not feel so strongly on
this matter, I would favor this body re-
jecUng the conference report and in-
sisting that not six Representatives in
conference, but the entire House of Rep-
resentatives, act on this important mat-
ter before serious consideration is given
to receding, if that proves necessary.
It is my opinion that if we stand firm
on this matter the question will be sub-
mitted to the House floor and the Hill
amendment will be adopted.
Mr. President, I do not desire to dis-
cuss the merits of the Hill amendment at
great length at this time. There has
been an extended discussion of it in
times past during this session. My views
were expressed in Report No. 133, part 2,
the minority report on Senate Joint
Resolution 13.
Part 4 of that document is a thorough
discussion of the educational crisis in
the United States, of the need for build-
ings, higher teachers pay and more
teachers, and of the need for more chem-
ists, more engineers, and many more
technicians to assure our national
security.
The senior Senator from Alabama
-------
2534
LEGAL COMPILATION—WATER
[Mr. HILL] a month ago called attention
to the fact that Soviet Russia is now pro-
ducing more trained technicians, more
scientists, than the United States. Yet
the condition of our schools, which
should be improving to meet this situa-
tion, is growing worse instead.
A large percentage of our colleges are
operating in the red, although tuitions
are so high that they are making higher
education unavailable to many of our
youth.
The possibility of meeting the educa-
tional emergency out of appropriated
funds has never been so little. The
United States has necessarily shouldered
large commitments abroad. We are
making large defense expenditures
which have been reduced—some of us
believe, at least—further than they
should have been reduced for national
security, in our efforts to balance the
budget.
Despite our efforts to balance the
budget at this session of the Congress,
we have ended fiscal 1953 with a $9 bil-
lion deficit and the Senator from Vir-
ginia foresees another deficit next year
of $10 billion if we retain all present
taxes or $14 billion if taxes scheduled to
expire January 1 are not reenacted.
Consequently there seems little possi-
bility that adequate sums, can be ob-
tained from tax revenues and normal
sources adequately to meet educational
needs.
The setting aside of revenues from
land and natural resources is no new
policy in this Nation. It has been done
since before the Constitution was
adopted, in 1780, when the Continental
Congress dedicated the public lands in
the West to education. There have been
160 such measures since.
Mr. President, I declined to sign this
conference report, because I do not feel
that it is proper for the Senate to su-
pinely bow to the will of anything less
than the full membership of the House
of Representatives on so vital an issue.
It then seemed to me inconceivable—as
it does now—that the Senate would fail
to insist on the Hill amendment being
voted upon by the full House.
I repeat, that while the House con-
ferees have arbitrarily refused without
reason to submit the matter to a vote of
the full House up to this time, I am con-
vinced that upon the insistence of the
Senate they will see the justice of our
position and will take the matter to the
House.
The program envisaged by the Hill
amendment is backed by the people of
this country and is absolutely necessary
for the stabilization of our American
educational system.
I therefore strongly oppose Senate ac-
ceptance of the conference report.
Mr. LEHMAN. Mr. President, I de-
sire to speak very briefly on this subject.
To me, the action of the House conferees
comes as a shock and disappointment.
The bill was passed by the Senate by a
vote of 45 to 37, showing the sentiment
in the Senate regarding this very wise
and very necessary measure. Now,
merely because six conferees of the
House, meeting with our conferees, re-
fused to consider the Hill amendment,
we are deprived of any possibility of
enjoying the benefits of the amendment
this year.
Mr. President, in this country we lack
teachers; we lack schoolhouses, and our
teachers are grossly underpaid. It was
demonstrated on the floor of the Senate
by authoritative sources that the average
teacher, even in States which are rea-
sonably prosperous, receives less than
do vermin exterminators, attendants in
restrooms, garbage collectors, and the
most unskilled forms of common labor.
Despite the fact that one cannot become
a teacher with adequate training with-
out going through years of training and
experience, still teachers receive com-
pletely inadequate compensation.
But the main difficulty and main risk
in what is being done today lies in the
fact that during the past year the
school population of this country in-
creased 1 million, over last year's en-
rollment. One million more children
-------
STATUTES AND LEGISLATIVE HISTORY
2535
entered the public schools of this coun-
try than entered a year ago. The best
estimates that can be obtained, and I
know they come from reliable sources,
is that the school population of the
United States will increase by 1 million
a year for the next 5, 6, or 7 years.
What will we do with those children?
Shall we simply say, "We cannot give
you an education, despite the fact that
we have boasted that education is the
greatest asset this country has or pos-
sibly could have?"
We know there is a tremendous short-
age of engineers, doctors, nurses, and
dentists, and of trained persons in var-
ious other professions. We know, too,
that today a well-educated farmer is a
far better farmer than an uneducated
one. We know he is able to use all the
scientific methods that are taught in
agricultural schools and extension
courses, which could not be made avail-
able to him unless there were sufficient
funds.
We know that in every walk of life
education plays a tremendous role, and
prepares people for a better life and to be
a far greater asset in the national econ-
omy than if they remain uneducated.
I strongly concur in the recommenda-
tion and plea that the Senate disagree
to the report and return it to the House.
If that is done, I think consideration
must be given to the fact that the Hill
amendment was agreed to in the Senate
by a vote of 45 to 37, far more than a
majority, and that we shall have the
conference report come back to us, con-
taining this very wise and necessary
amendment.
[p. 10482]
The Senate resumed the consideration
of the report of the committee of con-
ference on the disagreeing votes of the
two Houses on the amendments of the
Senate to the bill (H.R. 5134) to amend
the Submerged Lands Act.
Mr. MORSE. Mr. President, I turn to
a very brief comment on the pending
measure. In my judgment, the confer-
ence report should go back to confer-
ence, and if the Hill amendment cannot
be reinstated in the bill, I think it better
that we pass no legislation at all, be-
cause I assume that we shall probably
be coming back before January 1. But
if we should not return until then, that
would be soon enough to take action on
any Continental Shelf bill, if we can-
not protect what I think are the great
educational values and interests involved
in the Hill amendment. But I have a
suspicion, Mr. President—or shall I say a
hunch, or shall I say I am willing to risk
a guess?—that if the administration in-
sists on taking some action between now
and January 1 on the proposal to in-
crease the debt ceiling, we shall prob-
ably be doing that along next October,
in another session. I mean we shall be
considering it; not doing it. We shall be
considering it along next October, un-
less we reconvene for that purpose.
Mr. MAYBANK. Mr. President, will
the Senator yield for a question?
Mr. MORSE. I yield.
Mr. MAYBANK. Did I correctly un-
derstand the Senator to say October?
Mr. MORSE. I said I thought that if
we were going to consider the debt ceil-
ing, we would probably be doing it about
next October.
Mr. MAYBANK. I thank the Senator.
Mr. MORSE. I say we shall probably
be. It is my guess, as I said, that we
shall probably be recessing or adjourn-
ing to a time in the near future, to come
back for the purpose of considering the
debt-ceiling proposal, which is going to
require extensive and prolonged hear-
ings and debate.
Mr. MAYBANK. Mr. President, will
the Senator yield further?
Mr. MORSE. I yield for a question.
Mr. MAYBANK. Does not the Sena-
tor think most emphatically that the
Senate should know where the money is
to go, if there is to be an increased debt
ceiling?
Mr. MORSE. That is merely one of
the questions. There is a long list of
them, a list as long as my arm, which
-------
2536
LEGAL COMPILATION—WATKR
I shall want to know about and shall
want to have answered.
Mr. MAYBANK. But the Senator will
agree, will he not, that that is one of the
questions?
Mr. MORSE. Oh, a very important
one; and I want to suggest today, Mr.
President, as I said yesterday, that in
round numbers there are approximately
$30 billions of unspent funds, and large
amounts of money to lend, also unobli-
gated. The President has the power to
[p. 10488]
impound those funds if it becomes nec-
essary in order to prevent their expendi-
tures, and in order to prevent exceeding
the ceiling. That is ample protection,
until we can get back to the Senate in
October, if conditions turn out to be as
fiscally dark as, apparently, Mr. Hum-
phrey has been indicating today.
Furthermore, Mr. President, I make
the suggestion that, if the situation
requires either that we raise the debt
ceiling or that we scale down certain
appropriations already made, I am in
favor of recalling the appropriations that
we may take another look at them. It is
better that we appropriate less than that
we raise the debt ceiling because of
the scary picture the press says Mr.
Humphrey pointed out about what would
happen by way of a panic if we did not
have the money to cover obligations.
There is a corollary to that, too. If
the debt ceiling is raised, with the eco-
nomic situation of the country what it is
at this hour, it will again open the flood-
gates of inflation, and the result will be
a panic of a different economic sort.
I think we are right up against the
gun. This is the time to hold and hold,
and hold, economically speaking. It is
the time to say, "No more debt; we will
recall these appropriations; we will take
another look at them and scale them
down, if necessary, in order to prevent
the raising of the debt ceiling." I be-
lieve that would be one of the best les-
sons we could teach the world as to
democratic processes, and what self-
government means when it comes to
protecting the economic stability and
soundness of our country.
So, Mr. President, I say that, with that
issue still ahead, we have plenty of time
to consider the Continental Shelf bill,
either in October or next January—and
better that we not pass it at all than
that we eliminate the Hill amendment.
I have discussed this subject so many
times in the speeches I have made that
it would certainly be repetitious if I were
to dwell on it at any length, but by way
of argument, all I want to do is to insert
in the RECORD a letter which I wrote to
the editor of a newspaper in the State of
Oregon who differed with me in regard
to the Hill amendment. I ask unani-
mous consent that the entire letter be
inserted at this point in my remarks.
There being no objection, the letter
was ordered to be printed in the RECORD,
as follows:
In your editorial of July 3, entitled "Oil for
Education" you minimize the importance of
the Hill oil-for-education amendment to the
outer Continental Shelf bill, both of which
passed the Senate recently.
The oil-for-education amendment is not a
"pious gesture" as you characterize it to be
It provides that Federal revenues from the
outer Continental Shelf shall be "held in a
special account during the present national
emergency and, until the Congress shall oth-
erwise provide, the moneys in such special
account shall be used only for such urgent
developments essential to the national de-
fense and national security as the Congress
may determine and thereafter shall be used
exclusively as grants in aid of primary, sec-
ondary, and higher education."
By this language the amendment dedicates
the potentially vast Federal revenues from
outer Continental Shelf oil and minerals to
grants in aid to education throughout the
United States. It creates a trust fund for
generations to come. By placing these funds
in trust, the amendment insures that needed
legislation for school construction, better pay
for teachers, improved equipment, and other
sorely needed assistance will be voted by
future Congresses.
In recent Congresses grants in aid to edu-
cation have been made only for so-called
federally impacted areas, that is, those where
Army and defense-plant installations have
created school problems beyond the means
of local communities. But attempts to apply
that pattern to the overcrowded, understaffed
-------
STATUTES AND LEGISLATIVE HISTORY
2537
schools throughout the United States have
been defeated by the injection of divisive and
poorly grounded arguments. For instance,
religious issues have been used to oppose
support for Federal aid to education and to
pit group against group in a manner and on
an issue which should have no place in a
democracy such as ours.
With a trust fund specifically dedicated to
education, these tactics would be less effec-
tive and probably could be overcome.
Your editorial states, "There is involved,
too, the big question whether Federal aid to
education is desirable at all, bearing in mind
the probability that control will go hand in
hand with help."
It should be pointed out that since 1787,
when the famous Northwest Ordinance was
enacted, Federal assistance has been given
to local education. The Morrill Act is an-
other piece of Federal legislation providing
aid to schools from the Federal Government.
Almost every State in the Union has a State
college or university which has received Fed-
eral land grants.
It is significant that none of this Federal
aid has resulted in interference with local
control of education.
The system of grants-in-aid to the States
has been used for many important social
programs, with appropriate emphasis upon
local autonomy.
The Hill amendment, far from being a
mere gesture, would be a great, historic, and
progressive step.
The recent tidelands giveaway to a few
coastal States resulted from the cynical
campaign promises made during the election
crusade. It cost the people of the United
States well over $50 billion, which could have
been devoted to extraordinary defense ex-
penditures and education. The Hill amend-
ment, had it been added to the Tidelands
Act, would have been the most practical
means of reducing the cost of defense to the
American taxpayer.
Unfortunately, the people of the United
States were not aware of the serious results
of the tidelands giveaway until it was too
late, despite the fact that the Supreme Court
held three times that the Federal Govern-
ment had paramount jurisdiction over the
area and that the coastal State claims were
invalid.
By tying the outer Continental Shelf rev-
enues to aid-to-education, the American
people would be taking out an insurance pol-
icy that no new land grab on the Continental
Shelf would take place. The parents and
teachers of America would help see to that.
This bill went to conference on July 20.
The House bill does not contain the Hill
amendment, so that the conferees of both
Houses must agree to its inclusion in the
bill. If they do, the House of Representa-
tives must adopt its conferees' action.
Conferees who voted against the Hill
amendment in the Senate were: HUGH
BUTLER, Republican, of Nebraska; GUY COR-
DON, Republican, of Oregon; EUGENE MILLI-
KIN, Republican, of Colorado.
House conferees are: Louis E. GHAHAM, Re-
publican, of Pennsylvania; PATRICK J. HILL-
INGS, Republican, of California; WILLIAM M.
McCuLLOCH, Republican, of Ohio; RUTH
THOMPSON, Republican, of Michigan, EMAN-
UEL CELLER, Democrat, of New York; FRANCIS
E. WALTER, Democrat, of Pennsylvania, and
J. FRANK WILSON, Democrat, of Texas.
I am writing this letter to you for publica-
tion so that your readers may have an oppor-
tunity to learn about both sides of the
question.
Sincerely yours,
WAYNE MORSE.
Mr. MORSE. Mr. President, by way
of argument, I desire to read but a few
paragraphs of the letter. Like most of
my speeches, it is a rather lengthy letter,
and I shall not read it in its entirety.
But in the letter I said:
In your editorial of July 3, entitled "Oil
for Education" you minimize the importance
of the Hill oil-for-education amendment to
the outer Continental Shelf bill, both of
which passed the Senate recently.
The oil-for-education amendment is not a
"pious gesture" as you characterize it to be.
It provides that Federal revenue from the
outer Continental Shelf shall be "held in a
special account during the present national
emergency and, until the Congress shall
otherwise provide, the moneys in such spe-
cial account shall be used only for such
urgent developments essential to the national
defense and national security as the Congress
may determine and thereafter shall be used
exclusively as grants-in-aid of primary, sec-
ondary, and higher education."
By this language the amendment dedicates
the potentially vast Federal revenues from
outer Continental Shelf oil and minerals to
grants-in-aid to education throughout the
United States. It creates a trust fund for
generations to come. By placing these funds
in trust, the amendment insures that needed
legislation for school construction, better pay
for teacheis, improved equipment and other
sorely needed assistance will be voted by fu-
ture Congresses.
In recent Congresses grants-in-aid to edu-
cation have been made only for so-called
federally impacted areas, that is, those where
Army and defense plant installations have
created school problems beyond the means
of local communities. But attempts to apply
that pattern to the overcrowded, understaffed
-------
2538
LEGAL COMPILATION—WATER
schools throughout the United States have
been defeated by the injection of divisive and
poorly grounded arguments. For instance,
religious issues have been used to oppose
support for Federal aid to education and to
pit group against group in a manner and on
an issue which should have no place In a
democracy such as ours.
With a trust fund specifically dedicated to
education, these tactics would be less effec-
tive and probably could be overcome.
Your editorial states "There is involved,
too, the big question whether Federal aid to
education is desirable at all, bearing in mind
the probability that control will go hand in
hand with help."
It should be pointed out that since 1787,
when the famous Northwest Ordinance was
enacted, Federal assistance has been given
to local education. The Morrill Act is an-
other piece of Federal legislation providing
aid to schools from the Federal Government.
Almost every State in the Union has State
college or university which has received
Federal land grants.
It is significant that none of this Federal
aid has resulted in interference with local
control of education.
[p.10489]
The system of grants-in-aid to the States
has been used for many important social pro-
grams with appropriate emphasis upon local
autonomy.
The Hill amendment, far from being a
"mere gesture," would be a great, historic,
and progressive step.
Mr. President, I say to the people of
my State that what we ought to do is
to place the money in trust. Certainly
it is to be implemented later by the
Federal aid to education legislative pro-
gram, but the important thing is to pre-
serve and to conserve these funds in
trust for the school children of America
until such time as Congress will be able
to give due deliberation to various pro-
posals for implementing the Federal aid
to education legislative enactment.
[p.10490]
The Senate resumed the consideration
of the report of the committee of con-
[p. 10492]
ference on the disagreeing votes of the
two Houses on the amendments of the
Senate to the bill (H.R. 5134) to amend
the Submerged Lands Act.
The PRESIDING OFFICER (Mr. IVES
in the chair). The question is on agree-
ing to the conference report.
Mr. CASE. Mr. President, I am never
very anxious to take the time of the Sen-
ate to inflict my views on Senators. My
only reason for taking time to speak on
the conference report is that during the
course of my membership in the House
and the Senate, I have built up some-
thing of a record with regard to devot-
ing and dedicating a portion of the
revenues from the Continental Shelf to
the cause of education.
During the debate on the bill when
it was before the Senate, it was my privi-
lege, in the absence of the junior
Senator from New Jersey [Mr. HEN-
DRICKSON], to present an amendment, in
behalf of myself and him, proposing the
dedication of revenues from the Conti-
nental Shelf on a per capita basis. I may
say that my own feeling is that had
that approach been used throughout the
history of the cause, we might be further
along than we are now.
The trouble is that when the method
which will be ussd for distribution is left,
we permit all the specters and bogies of
Federal control of education to defeat
the basic objective. Now we have ar-
rived at a very difficult situation, namely,
whether, facing the adjournment of Con-
gress, we wish to permit the uncertain
status of the potential revenues of the
Continental Shelf to continue in an un-
certain status, and possibly to have
rights developed or claims accrue which
would plague us in any future action.
Because of that, a difficult question is
presented to those of us who have felt
there may have been a legitimate, effec-
tive, and productive dedication of these
revenues, while, at the same time, we
did not wish the resources to be claimed
either by the States or by interests
which might establish some priority of
use.
In my own case, the whole matter is
related to the Louisiana Purchase and
the place of my State in the Louisiana
Purchase. It happened that the day we
were voting on the bill, or were discus-
-------
STATUTES AND LEGISLATIVE HISTORY
2539
sing it preparatory to a vote in the Sen-
ate, was the 150th anniversary of the
signing of the Louisiana Purchase. In
observance of the anniversary, the Gov-
ernor of my State, Sigurd Anderson,
called upon Badger Clark, poet laureate
of South Dakota, to write a poem to
commemorate the Louisiana Purchase.
Mr. Clark is a writer generally of
western verse, but he did write a poem,
and he wrote in the colloqualism of "A
Commonsensical Yankee of 1803," the
year of the Louisiana Purchase. Because
of its collateral relationship, and because
it is not very long, and because it might
offer a little diversion at a time when
many Senators are at dinner, I shall read
the poem. I think it ought to be a part
of the story because, when all is said and
done, it bears perfectly upon the issue
involved. This is the poem:
THE LOUISIANA PURCHASE
(By a "commonsensical" Yankee of 1803)
Old Tom Jefferson, what do you mean,
Buying up land that we've never seen,
All Louisiana for a whopping sum.
From the Mississippi River to Kingdom Come?
And we only know that there's rain and snow
And grass and Injuns and buffalo.
Old Tom Jefferson, what's it worth,
A desert half-way around the earth,
A thousand miles from a road or track?
How do you get there and how get back?
Your horse might skip and your keel-boat
zip
But you'd still grow old and die on the trip.
Old Tom Jefferson, it's too far away.
Only miracles could make it pay—
Ships that sail against a river's power
Wagons that go 20 miles an hour—
And the pioneers on our old frontiers
Won't get it settled in a thousand years.
Old Tom Jefferson, I tell you what,
Little New Orleans was all you got—
Fifteen million for the soggy port
And the rest thrown in for a bit of sport.
The Frenchies knew when the deal went
through
That Napoleon had bamboozled you
Old Tom Jefferson, we'll never see
Your wild Stony Mountain, wherever they
be,
And your buffalo pastures may just do
For a place to banish our rascals to.
You've paid a lot for we don't know what,
And our 15 million has gone to pot.
Old Tom Jefferson, once you shone,
Jarred the footings of the British throne,
Shaped the Declaration with your hand,
Trumpeted the liberty through the land,
So for old times' sake, in this big mistake
We'll forgive a good man, one bad break.
—Badger Clark.
After all, that represented the opinion
of a great many people in the United
States in 1803. It was similar to the
purchase of Alaska, which was later de-
scribed as Seward's Folly. The ques-
tionable authority the President had in
1803 for the negotiation of the purchase
made even Tom Jefferson pause before
he put his name or authorized the sign-
ing of the purchase agreement.
But the fears of that day disappeared.
The mountains were reached. New Or-
leans, "the old soggy port" the poet
speaks of, was not all we got. We got
a great part of the middle mass of the
continent which today constitutes a vast
part of the Nation.
Now we have the Continental Shelf.
In 1803 no one dreamed that the Con-
tinental Shelf might have great poten-
tial values. I should like to see the
revenues from the Continental Shelf
dedicated to the cause of education,
much as we dedicated portions of land
in sections 16 and 38 throughout many
of the States of the Northwest to the
cause of education.
I introduced a bill on this subject in
the House of Representatives in 1949.
I reintroduced the proposed legislation
in the Senate. I have constantly voted
for every measure that proposed to
accomplish this purpose.
At the same time, and by the same
token, I felt that the Louisiana Purchase
was a part of the whole United States.
I feel that my State of South Dakota
and the States of Missouri, Kansas,
North Dakota, and portions of Wyoming
and Montana, have a right to share in
the resources developed in the Gulf of
Mexico, to the extent that they have
come to us by reason of the Louisiana
Purchase.
-------
2540
LEGAL COMPILATION—WATER
I am reluctant to accept the situation
which we have now, a situation in which,
if we do not do something now, we shall
not get a Continental Shelf bill. In
other words, the ownership of the Con-
tinental Shelf might again be claimed
by the States immediately adjoining.
Rights might be asserted or claims
might be made by those who have been
prospecting there or those who, by use
of one sort or another, seek to establish
certain claims. So, very reluctantly, I
have come to the conclusion that in
this situation I shall have to vote to adopt
the conference report; but in so doing
I wish to state for the RECORD that I
expect to use whatever energy I have
and whatever efforts I can bring to bear,
to join with the Senator from New Jer-
sey [Mr. HENDRICKSON], and with other
Senators, I hope, in dedicating a portion
of the receipts—even though we do not
do it in this bill—to the cause of educa-
tion, and providing for their distribu-
tion on a per capita basis or some other
definite, certain basis, so that the spectre
of Federal control will not block the suc-
cess of the measure, as would be the case
under the amendment which the Senate
adopted.
Mr. HENDRICKSON. Mr. President,
will the Senator yield?
Mr. CASE. I yield.
Mr. HENDRICKSON. I commend the
distinguished Senator from South Da-
kota for this very clear expression of his
concern and his future intentions. In
respect to this report, I certainly will
join with him, as he pledges himself to
a solution of this problem at some appro-
priate time later, either in the next ses-
sion or at some future session of the
Congress.
When I was necessarily absent, the
distinguished Senator from South Da-
kota handled the amendment which we
had offered together and he put up a
valiant fight to have it written into the
pending legislation. I think it us unfor-
tunate that that amendment was not
adopted. I think if it had been adopted,
we all could support the pending con-
ference report with a great deal more
enthusiasm and a great deal more con-
fidence. As things now stand, we do not
know what will happen to the revenues
which are expected from this new source
for the Federal Government. Today, as
I vote to support this conference report,
I vote with great reluctance because of
the void which seems to exist as a result
of the lack of action with respect to the
source of the revenues.
I wish to pay my respects to the dis-
tinguished Senator from Oregon [Mr.
CORDON], who has handled this very
difficult legislation so ably and has given
us all great confidence in the cause
espoused under this legislation.
[p.10493]
I wish also to commend the distin-
guished Senator from Florida [Mr.
HOLLAND] and the distinguished Senator
from Texas [Mr. DANIEL] for the con-
tribution they have made to this partial
solution—and it is only a partial solu-
tion—of a very difficult problem.
*****
The PRESIDING OFFICER (Mr. IVES
in the chair). A quorum is present.
The question is on agreeing to the con-
ference report.
Mr. HOLLAND. Mr. President, I first
want to recognize what I think is the
very great wisdom and sense of realism
which has been displayed by the junior
Senator from New Jersey [Mr. HEN-
DRICKSON] and the junior Senator from
South Dakota [Mr. CASE], in stating
that, though they were in support of the
aid-for-education amendment, they feel
the situation now confronting the Sen-
ate is such that they would be derelict to
their duty in getting a serious question
solved and getting the Federal Govern-
ment's production started, if they did not
support the conference report.
I well recall that one of my distin-
guished friends a little while ago made
the statement that he did not regard
the Hill amendment as it now appears
on the Senate bill as an idle gesture. I
am sure he will pardon me if I differ
-------
STATUTES AND LEGISLATIVE HISTORY
2541
completely from the conclusion. I be-
lieve the Hill amendment as it now ap-
pears in the Senate bill is an idle gesture,
and above and beyond that it is a positive
handicap to the performance of its duties
by Congress in bringing to an end the
whole submerged lands question, which
has been such a source of anxiety and
worry to the Congress and to our people
since 1937.
Mr. President, the first point I shall
mention is that this question brought
up here, namely the effort to go back
to conference, the desire to postpone
final action because of the fact that the
Hill amendment is not in the conference
bill, is delaying settlement, and is injur-
ing the cause of the Nation and is a
handicap to our completion of a duty
which is a highly important duty.
I want to call the attention of the Sen-
ate to something that the Senator from
Oregon was too modest to mention,
and that is that, except for the discard-
ing of the Hill amendment, the bill as
reported by the conferees is a complete
victory for the Senate and for the Sen-
ate version. That is due almost in whole
to the tremendous efforts and the very
fine leadership of the Senator from Ore-
gon in spending the months that were
involved in the consideration of the two
bills, in trying to bring out a sane bill
dealing with the outer Continental Shelf,
and likewise to the fine devotion of every
member of that committee, who, regard-
less of differences of opinion, worked
together those many weeks and months
until they came out with a bill which
has become the conference bill, except
in the matter of the elimination of the
Hill amendment, which was not on the
bill reported by our committee.
I call attention to the fact that not
only was the Hill amendment not on the
committee bill, but that hearings were
held on the Hill amendment, both in
connection with the tidelands bill earlier
this year and later on this particular
measure.
The distinguished Senator from Ala-
bama, whose name is borne by the Hill
amendment, appeared before the com-
mittee, and was supported by others
from educational groups and labor or-
ganizations and, in the first hearing, by
the Americans for Democratic Action,
and various other groups.
The committee in its wisdom elimi-
nated the Hill provision, because it was
so clear to the committee, as it must be
clear to anyone who will look at the
facts, that it has no definite relationship
to the subject matter of the whole legis-
lation, and that instead, it is serving as
a handicap to prevent earlier action
which would come from Congress.
I remind Members of the Senate that,
in the first place, we passed the tidelands
bill, returning to the States, in addition
to other waters and lands, the submerged
coastal lands extending from the low-
water mark out to the State boundaries.
In the course of that debate it was
stated, not once but repeatedly, that
there would follow another bill, which
is the pending measure, affecting the
Continental Shelf, a more important
measure, as to its effects, by a great deal
than was the tidelands bill.
Why is it more important? First, it
covers nine-tenths of the submerged
lands between the low-water mark and
the edge of the Continental Shelf. In
other words, nine-tenths of the area ad-
joining our coast from one end of the
Nation to the other is embraced in the
bill before us. One-tenth of the land
lying closest to the shore was contained
in the other measure.
In the next place, five-sixths of the
assets—that is, the known or estimated
assets of oil and gas—and most of them
are estimated by our geological experts,
although some are known—five-sixths of
those assets lie outside the State bound-
aries and are contained in the area cov-
ered in the pending bill, which covers
only the outer Continental Shelf.
There were those who had great con-
cern when we passed the tidelands bill,
because they thought the Senate and the
Congress was without resolution to go
ahead and give the Federal Government
-------
2542
LEGAL COMPILATION—WATER
that which belongs to it and that which
the Senator from Florida has contended,
ever since he has been a Member of the
Senate, belongs to the Federal Govern-
ment, and to not only recognize the title
of the Federal Government but to give
it the machinery and the tools and the
needed legislation so it can go ahead and
develop that which our country needs
and that which alone can produce reve-
nue from this great, vast, rich area.
The bill before us will do just that,
and it should put always to an end the
fears of those who thought there would
not be the stern resolution found in the
Senate or in the House of Representa-
tives to go ahead and recognize as be-
longing to the Federal Government that
which at least the vast majority claimed
in the other debate did belong to the
Federal Government, while we were
recognizing the special claim by the
States to their submerged lands within
their boundaries, which historically for
150 years they did claim and did occupy
and did use as fully as any use could
be"made at that time of that land.
Mr. LONG. Mr. President, will the
Senator from Florida yield to me?
Mr. HOLLAND. I yield.
Mr. LONG. It has always seemed to
me that those who are opposed to the
tidelands bill have recognized that there
was an impasse between the President
and the Congress. While we had a
Democratic administration, both Houses
would vote to pass the tidelands bill,
and then the President would veto it.
Although two-thirds of the Members of
the Senate were prepared to pass the bill
over the President's veto, two-thirds of
the Members of the House would not
pass the bill over the President's veto.
But when the bill came up again, some
Members of the Senate succeeded in
hanging the Hill amendment onto it.
The fight over the Hill amendment was
older than the fight over the tidelands
bill. The Hill amendment was one
which the Senate had always been will-
ing to adopt, but which the House had
never been willing to adopt.
When the tidelands bill and the Hill
amendment were tied together, once
again a legislative snag developed. The
controversy over it could continue for
many years.
Even though I believe some of us in
the Senate voted properly in voting
against the original bill, I believe we
might as well proceed to have develop-
ment made under Federal management,
and thus dispose of one of those ques-
[p. 10494]
tions, and then at a later time see
whether we can persuade the House of
Representatives to go along in regard
to Federal aid to education.
Mr. HOLLAND. Mr. President, I
thank the Senator from Louisiana.
That is a concession which I believe
marks him as a realist, as well as a
patriot.
Mr. President, I think the situation is
anomalous indeed, when we find that the
very Senators who opposed passage of
the tidelands bill, and who, as one part
of their argument, advanced the fear
that Congress would never get around to
recognizing the rights of the Federal
Government in the Continental Shelf,
are the identical ones who are holding
up action on the Continental Shelf bill, a
bill so carefully drawn up by the Senate
committee and so carefully acted upon
by the Senate that the House has con-
ceded the virtues of the bill and has
agreed to it almost in full in the confer-
ence report, except for the rejection of
the wart which has been placed upon it
by means of this amendment which,
although well intended, has no more
place on the body of this bill—where it
will cause great trouble in terms of de-
laying and perhaps defeating enactment
of the bill—than something entirely
foreign to the subject matter.
I wish to comment first on the fact
that unless the conference report is
agreed to, we shall not have any legis-
lation on this subject at this session.
It is said there may be a special session
later on, or that in any event Congress
-------
STATUTES AND LEGISLATIVE HISTORY
2543
will be in session again in January. That
may be true. Of course, we shall have
nothing to do then! If there is a special
session, it will be called because the
work has piled up upon us so heavily
that the country will demand that we re-
turn. If we do not return until Jan-
uary, we shall then have confronting us
the greatest burden of legislation which
I think has ever confronted the second
session of any Congress for a long, long
time. Yet there are those who would
be perfectly willing to let the subject
matter rest where it is, unenacted, and
would be perfectly willing to delay the
production of the oil and gas which be-
long to the Federal Government, and
delay having poured into the coffers of
the Federal Government the revenue
from those resources, which is most siz-
able and badly needed. In that con-
nection, I point out that we have on our
desks tonight copies of a message from
the President, which arrived here only
a moment ago. That message relates
to the need to raise the limit on the
national debt. Yet here is one source
of revenue which we have been attempt-
ing for a long, long time to have brought
into the Federal Treasury. It is now
within our grasp, except for the objec-
tions of some Members who opposed
the tidelands bill and expressed great
fear that those of us who favored the
tidelands bill would not go along with
enactment of the bill relating to the
Continental Shelf. That is the anom-
alous situation which confronts the Sen-
ate and the country. In other words,
those who are holding up enactment of
the Continental Shelf bill are not the
ones who supported the tidelands bill.
On the contrary, those who oppose en-
actment of the Continental Shelf bill are
the ones who from the housetops and
over the radio and television questioned
the good judgment and also the inten-
tions of the Senators who supported the
tidelands bill, and asked dubiously
whether we would be willing to have a
bill relating to the Continental Shelf
enacted into law.
Mr. KEFAUVER. Mr. President, will
the Senator from Florida yield to me?
Mr. HOLLAND. I yield.
Mr. KEFAUVER. As I understand the
issue, the only question is whether the
revenue from the outer Continental
Shelf shall be devoted to education or
whether it shall be placed in the general
fund of the Treasury.
Mr. HOLLAND. No; that is an issue
that is proposed to be postponed for 3
years, because the so-called Hill amend-
ment, now included in the Senate bill,
provides that for 3 years the revenue will
be available for expenditure for purposes
of national defense. Even in that case,
the revenue will not go into the general
fund of the Treasury, but will remain
idle until Congress proceeds to say, in
effect, "Here is a defense project on
which we will spend this money." Until
Congress takes such further action, that
will be the situation even for the 3 years,
during which this important source of
revenue will be tied up in the Treasury,
which certainly needs some active and
live money, but is being deprived of this
particular money by the recalcitrance of
folks who do not wish to have the Con-
gress enact provision for legislative
machinery giving to the Federal Gov-
ernment that which belongs to Uncle
Sam.
Mr. KEFAUVER. Mr. President, I do
not think the Senator from Florida
wishes to call the majority of the Senate
recalcitrant, because, as he well knows,
the majority of the Senate voted for the
Hill amendment.
All we want is to have the House of
Representatives given an opportunity, by
means of rejection of the conference re-
port, to vote on the proposition, first, that
this revenue should be devoted to the
national defense and, second, that this
revenue should be devoted to education.
If the Senator from Florida can think
of any better purpose to which the
money could be devoted than the pur-
pose of the defense of the country and,
after that, education, I wish he would
state it.
-------
2544
LEGAL COMPILATION—WATER
Mr. HOLLAND. I cannot think of
anything better. I am in the fortunate
position of having stood on the floor of
the Senate and battled for the Federal
aid to education bill, and of having
gained at that time the high encomiums
of my good friend, the distinguished
Senator from Alabama [Mr. HILL],
Just to complete the record and to preen
my feathers a little, I should like to
read into the RECORD a little later the
encomiums of me uttered at that time
by my good friend, the Senator from
Alabama.
But in regard to the point that the
House has not'passed on this matter,
let me say briefly that the now junior
Senator from Montana [Mr. MANSFIELD].
then a Member of the House of Repre-
sentatives, 2 years ago offered in the
House the Hill amendment to the then
pending tidelands bill. A point of order
was raised and sustained, under the
rules of the House. The measure had
not been considered by the committee
which should have considered it. The
measure had not cleared, as it should.
So the point of order was sustained.
So this year, when the matter came
up, in order to get the Hill amendment
before the House, it was necessary to
embrace it in substitute bills, which, if
the Senate cares to read them, will be
found to differ very little from the bills
which have pended here, except in the
matter of having the Hill amendment
attached.
The first of those bills was a substitute
bill introduced by Mr. FEIGHAN on the
floor of the House on March 31,1953. At
this time I should like to read from the
CONGRESSIONAL RECORD, to present to the
Senate, briefly, his description of that
bill. I now read from the CONGRESSIONAL
RECORD of March 31, 1953, at page 2546.
Mr. PERKINS. The proposals the gentleman
is offering here are identical, I believe, with
the Hill proposal that was offered on the Sen-
ate side last year?
Mr. FEIGHAN. Yes, fundamentally it is
identical, with just a few minor variations.
In the course of the exchange which
continued, it was made very clear that
the real purpose of the Feighan substi-
tute bill was to get the Hill amendment
before the House.
Mr. KEFAUVER. Mr. President, will
the Senator from Florida yield?
Mr. HOLLAND. I should like to con-
clude my statement that
Mr. KEFAUVER. But I want the
Senator from Florida to state that the
purpose of the Feighan amendment was
to devote to the cause of education all
the revenue coming from the area be-
tween the 3-mile limit and the 9J/2 mile
limit off the coast of West Florida and
Texas.
Mr. HOLLAND. No; The Senator
from Tennessee is wrong about that. He
is talking now about the Perkins amend-
ment, which I shall mention in a
moment.
On the contrary, the Feighan amend-
ment offered to the cause of education
only the income from the area outside
the State boundaries, as the Senator
from Tennessee will see if he cares to
read the amendment.
At any rate, what was the result of
that debate? I repeat that it is to be
found at pages 2546 to 2551 of the CON-
GRESSIONAL RECORD of March 31, 1953.
From that RECORD we find that on a di-
vision demanded by Mr. FEIGHAN, there
were 28 ayes and 82 noes. In other
words, by a vote of 82 to 28, the House
turned down the Feighan amendment,
including the Hill amendment.
Mr. KEFAUVER. Mr. President
Mr. HOLLAND. Mr. President, if the
Senator from Tennessee will be patient,
after I conclude my reference to the
Feighan amendment, I shall be glad to
yield.
Then Mr. FEIGHAN demanded tellers.
I understand that in the House of Rep-
resentatives in order to have a teller
count, one-fifth of a quorum must join
in the demand for the appointment of
[p. 10495]
tellers. One hundred and ten Members
were present at that time, and it would
-------
STATUTES AND LEGISLATIVE HISTORY
2545
have been necessary for 20 of the Mem-
bers to have joined in the demand for
the appointment of tellers. However,
tellers were not appointed. So it is ob-
vious that not as many as 20 Members
of the House at that time, out of the 110
then present, were willing to go on rec-
ord as demanding a teller vote on the
Feighan amendment.
Now I yield to the Senator from Ten-
nessee.
Mr. KEFAUVER. Mr. President,
since the Senator from Florida is so cer-
tain about the attitude of the House of
Representatives, why does he object so
strenuously to having the conference re-
port returned to a further conference,
so that thereafter it would be voted on
again by the House of Representatives,
where there could be a quick vote? In
that way we could see what the House
thinks at that time.
Mr. HOLLAND. Because the House
has been ably repressnted by its confer-
ees, and I think they know a great deal
better than we do what the House wants.
When the House conferees had yielded
in the great majority of the instances to
the Senate, but simply declined to yield
on this one matter—which, as I shall
show in a few minutes, is a completely
unsound and idle gesture—I am not dis-
posed to quarrel with those representing
that coordinate body; I am not disposed
to question whether they are represent-
ing that body carefully and properly. I
think they are representing it carefully
and properly; certainly I extend that
presumption to them. I know of nothing
to the contrary.
Mr. KEFAUVER. Mr. President, will
the Senator yield?
Mr. HOLLAND. I yield.
Mr. KEFAUVER. The Senator must
know that the Members of the House
of Representatives have been quite as
anxious to further the cause of education
in the Nation as have the Members of
the Senate. The Senator, upon inquiry
and appraisal of the vote in the House,
must appreciate the fact that the only
opportunity the House has had to vote
on the question has been with regard to
revenue from the entire Continental
Shelf, and that the House has never had
an opportunity to vote on the revenue
immediately outside the 3-mile limit, or
the boundaries of the States. So why
does the Senator object to giving the
House an opportunity to express itself on
this particular issue, if he is so certain
as to what its attitude is.
Mr. HOLLAND. Mr. President, the
Senator from Florida knows that the
House of Representatives has been con-
sidering this matter since 1937. He
knows it has been before the House re-
peatedly, and that there has been ample
opportunity to consider it. He knows
what happened to the Feighan amend-
ment, which, as he reads it, has to do
with adoption of the Hill amendment,
with sufficient similarity in it to our
other bills to enable us to know that that
was what was presented. The distin-
guished Representative himself said
that. The Senator from Florida does
not think we should forego longer the
development of the Continental Shelf
values. He thinks that those who take
unto themselves the responsibility of
denying to our Government, at this criti-
cal time in our finances, its right to
proceed immediately to begin the de-
velopments which were cut off in 1950,
are taking the responsibility of staying
the hand of our Nation in a most vital
situation and at a most important time.
Mr. KEFAUVER. Mr. President, will
the Senator yield?
Mr. HOLLAND. I will yield in a mo-
ment.
Mr. KEFAUVER. Mr. President, will
the Senator let me ask a question at that
point?
Mr. HOLLAND. I yield.
Mr. KEFAUVER. In view of the fact
that we are now going to be confronted
with an extension of the session for the
purpose of enlargement of the debt limit,
does not the Senator feel that we might
at least get this very important matter
of the dedication of the funds from the
outer Continental Shelf established by
-------
2546
LEGAL COMPILATION—WATER
a vote of the House of Representatives?
I do not see that the time is so urgent,
in view of the fact that the President has
asked that we extend the debt limit.
We have seven days in which this ques-
tion could be considered. It would take
the House only 40 minutes to vote on it.
I assume from his argument that the
Senator believes if the House voted they
would indicate they did not want the
funds to be spent for purposes of educa-
tion, but we who want to do something
for the schools of the Nation are very
anxious that the House of Representa-
tives at least have an opportunity of
voting directly on the issue. Will the
Senator not join us in giving the House
that opportunity?
Mr. HOLLAND. The Senator from
Florida thinks the House has had abun-
dant opportunity to speak on any aspect
of this question that it wanted to speak
on, and when the House managers ex-
pressed the unyielding verdict, for them-
selves and for the House, that they are
satisfied with the conference report,
which adopts the Senate bill, the Senator
from Florida gives prima facie effect to
their position. He thinks that they
know the wishes of those whom they
represent better than we do.
Mr. KEFAUVER. Does the Senator
think
Mr. HOLLAND. Mr. President, I yield
no further just now.
Mr. KEFAUVER. I do not blame the
Senator for not yielding, for this ques-
tion is one that would be difficult to
answer.
The VICE PRESIDENT. Does the
Senator from Florida yield to the Sen-
ator from Tennessee?
Mr. HOLLAND. I have yielded for a
great many questions, and I intend to
yield later, but I desire to continue
briefly on the discussion.
Mr. KEFAUVER. Mr. President, will
the Senator yield for one question?
Mr. HOLLAND. I decline to yield at
this time.
The VICE PRESIDENT. The Senator
from Florida declines to yield.
Mr. HOLLAND. Now, on the Perkins
bill. On the same day, and just as soon
as the verdict of the House was rendered
on the Feighan bill, Mr. Perkins intro-
duced a substitute bill, and that bill is
set forth in full in the CONGRESSIONAL
RECORD. Senators may see it if they
desire to do so, and they will find that it,
too, is an oil-for-education bill, and they
will find that it was voted down by a
voice vote. There was no demand either
for a division vote or for a tally vote,
because the House apparently had shown
clearly how it felt on that particular
question.
Mr. President, I have concluded my
reference to the House. If the Senator
from Tennessee has questions with ref-
erence to either of the two bills to which
I referred, I shall be glad to yield.
Mr. KEFAUVER. I merely wanted to
ask the Senator this question. He said
he thought the conferees knew well the
opinion of the House. Then why does
the Senator fear presenting the matter
directly to the House of Representatives?
Mr. HOLLAND. Mr. President, the
Senator from Florida has no fear about
it at all. It would not make a serious
difference to him if this measure had
passed with the Hill amendment in it,
but he thinks it is a bad amendment,
because he thinks that anything that is
an idle gesture and that holds out a hol-
low shell to good people is wrong, and
he will not be a party to it if he can
avoid it; and that is what the Hill
amendment is.
Mr. KEFAUVER. Mr. President, will
the Senator yield for a further question?
Mr. HOLLAND. I yield.
Mr. KEFAUVER. The Senator refers
to an idle gesture and a hollow shell, yet
the Senator, a few moments ago, was
talking about the tremendous wealth
and the great value of the resources be-
yond the boundaries of the States. So,
if there is great wealth
Mr. HOLLAND. Has the Senator a
question for me? If so, I shall be glad
to answer it.
Mr. KEFAUVER. Yes. Does not the
-------
STATUTES AND LEGISLATIVE HISTORY
2547
Senator think there is tremendous
wealth which would be of great assist-
ance to the schools and to education in
the United States, wealth that exists be-
yond the boundaries of the States, which
could be used for education, if the Hill
amendment were adopted?
Mr. HOLLAND. No; the Senator
from Florida does not at all agree with
the assumption of the Senator from
Tennessee, because, in order for it to be
used for the purposes of aid to educa-
tion, in the first place, 3 years would
have to elapse; and, in the second place,
tion, in the first place, 3 years would
have to pass. The Senator from Flor-
ida has supported the passage of two
aid-to-education bills on the floor of the
Senate, and he has seen a complete fail-
ure of the passage of those bills by the
House at a time, he believes, when his
friend was a Member of the House. The
House declined and failed to pass those
particular measures.
Mr. KEFAUVER. Mr. President, will
the Senator yield?
Mr. HOLLAND. I yield.
Mr. KEFAUVER. I wish to make it
clear to the Senator from Florida that
the Senator from Tennessee voted for
the Federal aid-to-education bill, but
the question involved there was whether
$300 million should be appropriated for
Federal aid to education.
In this case the valuable resource is
already present. The Hill amendment
[p. 10496]
directs that it be used for educational
purposes. The only thing the Congress
would have to do, if the Hill amendment
were adopted, would be to adopt a for-
mula for the use of the proceeds for edu-
cational purposes, which would be a very
easy thing to do, if the fund were al-
ready available. Does not the Senator
agree?
Mr. HOLLAND. No; the Senator from
Florida does not agree. The Senator
from Florida thinks that in all probabil-
ity the Senator from Tennessee is still
quite as much in the minority in the
thinking of the House as he was when
he was a Member, and when he says he
voted for Federal aid to education in
the House—which I am sure is true since
he states it—but the bills dismally failed
of passage in the House. The Senator
from Florida has no late information in-
dicating any change in the situation.
Mr. President, the Senator from Flor-
ida can speak from a background of hav-
ing fought for Federal aid to education
on the floor of the Senate at a time when
it was a thoroughly controversial meas-
ure. The Senator from Florida fought
for two different bills, both of which
passed the Senate by a very respectable
vote; and both of which, incidentally,
were not passed by the House of Repre-
sentatives.
In the course of one of the debates—
and I take a little pride in this, because
I should like to think the Senator from
Alabama was as right in 1949 when he
said those kind things, as he is now
when he still says kind things about my
attitude toward education—I had taken
a strong stand for the measure which
gave aid to the States in accordance with
need, and the Senator from Alabama
asked this question:
Mr. HILL. Is it not a fact that the Senator's
great State enjoys the distinction, among the
Southern States, of not being one of the low-
income States? I wanted to emphasize that,
for the reason that I was afraid that because
the Senator's State is right in the very heart
of the South, some people might think he was
speaking because his State was one of the
low-income States. The Senator's State is
certainly about the average in the matter of
income. Is that not true? So the Senator
this afternoon is not speaking with any par-
ticular reference to his own State. He is
speaking for the cause involved here. Is that
not true?
Mr. HOLLAND. The Senator is correct.
Mr. HILL. Mr. President, will the Senator
yield further? .
Mr. HOLLAND. I yield.
Mr. HILL. I commend the Senator—
These are the priceless words which I
cherish now as I cherished them then—
I commend the Senator. He is always BO
able in his presentations—
I do not want to appear immodest,
-------
2548
LEGAL COMPILATION—WATER
Mr. President. I am quoting from my
friend from Alabama, from his verdict
on the attitude of the Senator from
Florida on the subject—
and he now has put his finger on the very
thing that is involved in the controversy now
before the Senate.
I thank the distinguished Senator
from Alabama.
Mr. President, I fought for that pro-
gram, and the reason why I fought for
it was because it was a program which
had some bones and sinews in it. But
this empty shell to which we refer as the
Hill amendment has neither bone nor
sinew, because it is nothing in the world
but a deferred promise which is going
to mislead good people, and it should
not be passed with any statements to the
effect that here we have a Federal Aid-
to-Education Act.
Mr. KEFAUVER. Mr. President, will
the Senator from Florida yield?
Mr. HOLLAND. I cannot yield fur-
ther.
We were talking about $300 million;
we were talking about aid to education,
which, by the way gave nothing to my
State except as it was given to New York
or to California—a minimum amount.
I was talking about a program for pro-
tecting the sovereignty of the States.
There were three ways of handling this:
First, limiting it to public schools; sec-
ond, including public, parochial, and pri-
vate schools; third, leaving it to the
States under their own laws.
Mr. KEFAUVER. Mr. President, will
the Senator from Florida yield in order
that I may clarify the RECORD?
Mr. HOLLAND. I cannot yield at this
time. I hope the Senator from Tennes-
see will excuse me.
Mr. President, that is a very hollow
promise, containing nothing but words
which say that for 3 years, by further
action of Congress, the proceeds can be
given to national defense, and thereafter
the money shall be given as grants-in-
aid to education. It does not contain
a word about protecting public schools;
it does not contain a word about what
should be done for parochial schools or
private schools, or about devoting the
moneys to need existing in the various
States to be handled under State law;
but, instead, it is a program which invites
every kind of fight and every kind of
controversy prevailing heretofore and
which would again prevail before we get
any legislation.
So, Mr. President, I am not willing to
put this kind of hollow pumpkin shell
to use and say it is Federal aid to educa-
tion. I do not care whether the money
goes to education or where it goes if it
goes to a good purpose. But it will take
a great deal more than this to do the job.
The annual revenue, at the maximum,
would be less than $100 million. We had
$300 million in our earlier bill which was
to be devoted for a beginning of Federal
aid to education. But I am not willing to
say to the people that we have done
something here when we have not done
it. Neither am 1 willing, by taking a
position tonight with the Senators sup-
porting the Hill amendment, to delay and
to procrastinate in the settlement of this
question which is important to the Na-
tion. There never was a time when it
was as important as it is right now.
There are many other things I should
like to say about this matter, Mr. Presi-
dent, but I close by simply inviting at-
tention to one fact, namely, that the
Senator from Alabama himself admitted
that he had greatly softened—that was
the word he used—his amendment. He
meant he had taken out any reference
to public schools, to parochial schools, to
preserving State control, to giving aid
to those States that need it in proportion
to their need. He has taken out every-
thing that would give form and sub-
stance and meaning to the act and has
left only this hollow, empty promise de-
ferred for years. I am not willing to
defer longer the settlement of this vital
matter which is of such importance to
the Nation.
Mr. President, I strongly hope the con-
ference report will be soundly adopted.
Mr. KEFAUVER. Mr. President, since
-------
STATUTES AND LEGISLATIVE HISTORY
2549
the Senator from Florida would not yield
to me in the latter part of his remarks,
I feel that I should make a few remarks
to at least clarify the record.
It is quite apparent that those who are
insisting upon the adoption of the con-
ference report are unwilling to let the
Members of the House of Representa-
tives, if they can prevent it, have a vote
on this very important issue. They must
know, from the vigor of the fight they
are presenting here, that the House of
Representatives, like a majority of the
Members of the Senate, would vote for
the Hill amendment which provides for
the use of the revenue for 3 years for the
defense of the Nation, and, thereafter, as
a great educational fund.
The Senator from Florida said the
House had voted on this proposition sev-
eral times previously. As a matter of
fact, the House of Representatives has
never voted on the question of whether
it wants Federal aid to education.
I was mistaken a few minutes ago in
stating that I had voted for Federal aid
to education in the House. What I
should have said is that I have been a
sponsor of bills for Federal aid to educa-
tion in the House on numerous occasions.
The fact is that there has been a very
close division in House committee, so
that Federal aid to education has never
reached the House of Representatives for
a vote.
The Senator from Florida is quite
incorrect in saying that the House of
Representatives has turned down, by
substantial votes, bills providing for
Federal aid to education. That has never
happened. That issue has never reached
the floor.
On many occasions a majority of the
House, in one way or another, have indi-
cated interest, but there has never been
a vote in the House on the subject.
I cannot understand the reasoning of
the Senator from Florida or of other
Senators who are trying to ram this con-
ference report through tonight. They
do not want to give the House of Repre-
sentatives an opportunity to vote on
whether they want this newly found
fund used, first, for national defense, for
3 years, and, next, as a great educational
fund thereafter.
The Senator from Florida says he does
not care what is done with the money;
he does not care where it goes. So I
cannot understand the position of the
Senator from Florida. If he does not
care where the money goes, why is he
objecting to the House of Representa-
tives at least voting on the issue?
The only thing I can think of that
might be in the minds of those who are
trying to ramrod the conference re-
port through is that they do not want
the great educational institutions and
the people interested in education to
have a hand in the fund, because they
know they will protect it. They know
[p. 10497]
they will not be able to come to Con-
gress in the future, saying, "Well, we
have given the States the revenue de-
rived from the submerged lands out to
3 miles—and 10% miles in the case of
Florida and Texas—and now we want
you to extend the boundaries of the
State and permit the money to be used
for State purposes."
They know that if the educational in-
terests of the United States see that the
money is applied for the purpose of
education, there will be substantial pub-
lic opinion for seeing that it is applied
there continuously, as has been the case
of every special dedication to education.
The Senator from Florida [Mr. HOL-
LAND] criticizes very bitterly the pro-
visions of the Hill amendment, on the
ground that the amendment does not
prescribe whether the funds are to be
used for parochial schools, public
schools, or for other purposes. All the
Hill amendment provides is a grant-in-
aid to primary, secondary, and higher
education.
I think it would have been very pre-
sumptuous on the part of the Senator
from Alabama [Mr. HILL] and the co-
sponsors of the amendment to have un-
-------
2550
LEGAL COMPILATION—WATER
dertaken by this legislation to have
spelled out exactly how the funds were
to be used. The first thing to do is to
establish a fund. Then I think Con-
gress will have no trouble making pro-
vision for its use by way of grants-in-aid
to States for primary, secondary, and
higher education.
The need is great, and the demand is
from every State in the Union. The
salaries of teachers and facilities for
schools demand that something be done.
If the Senator from Florida has been so
anxious to see Federal aid for educa-
tion legislation enacted all these years,
how can he now complain if the fund
will be dedicated for that purpose?
Can anyone complain because the
fund is to be used, for the first 3 years,
for the defense of the United States?
I do not think so. Those interested in
education recognize that that is para-
mount. They are happy to wait the
three years, to be procrastinated against
for 3 years, with the understanding that
after that period of time they will have
the use of the funds.
This is a great opportunity to strike
a telling blow in Congress for education,
which, after all, differentiates the United
States from many other nations. It is
education which has enabled us to ad-
vance, to develop our resources, and to
have the great form of Government we
enjoy.
We know the need is great. I think
the least we can do in the Senate is to
give the Members of the House of Rep-
resentatives, who, as we know, are just
as much interested as we are, a chance
to speak, not through the conference
committee, which is not representative
of the House, but through the House of
Representatives itself. If the House of
Representatives votes that it does not
want this fund used for education,
nothing else will be heard from many of
us in the Senate. But, Mr. President,
until the House of Representatives does
speak, we shall entertain the opinion,
based upon well-grounded facts, I am
certain, that they fear defeat for the
sponsors of the conference report, that
they know the House of Representatives
will not stand by the conference report.
I should think the duty, at least on
the part of the Senate conferees, is to
insist that there be a vote on the amend-
ment in the House, so that there can be
an understanding and an agreement
about what we are going to do with this
valuable asset of the Nation.
Mr. HUMPHREY. Mr. President, I
wish to speak briefly in associating my-
self with the excellent remarks of the
Senator from Tennessee [Mr. KEFAUVER].
I realize that differences of opinion are
strongly held among Members of the
Senate with respect to the so-called Hill
amendment, but I believe the record
ought to be made quite clear as to ex-
actly what the purpose of the Hill
amendment is, rather than to brand it
as a hollow pumpkin shell, or to say that
it is without form or substance, or does
not give an accurate description.
I can well imagine what might have
happened in the Senate had the Hill
amendment tried to spell out every de-
tail as to how the money should be used.
In fact, the Hill amendment did but one
thing. It dedicated funds for specific
purposes—for primary, secondary, and
higher education. It left in the hands
of Congress the formula or the standards
which would be provided for the dispo-
sition of the funds, such as to the States,
under State laws, or, as the Senator from
Florida pointed out, for public, private,
and parochial schools. I can well imag-
ine that there would have been a storm
of protest, and justifiably so, if on the
Continental Shelf bill we had tried to
develop substantive legislation, if we had
tried to spell out every last detail as
to who should receive the money.
But there are some useful purposes
for which the funds might be used. I
think those purposes, as has been noted,
are highly desirable: First, for the de-
fense of our country, because the budget,
or a very little portion of the budget,
I should say, is for purposes of defense.
Availability of an amount which can be
-------
STATUTES AND LEGISLATIVE HISTORY
2551
dedicated to defense purposes, and
thereby reduce what is now a normal
cost of government, should be welcome.
Under the Hill amendment, that would
be for a 3-year period.
There is simply no way to estimate
how much will be needed for the cause
of education in the days to come. One
point needs to be emphasized. This is a
growing country. The population of
the United States is growing at the rate
of 2,700,000 persons a year. By 1960 the
population of the United States will be
175 million. By 1975, according to
present estimates, the population will be
more than 200 million. I can assure
every Senator that with such a popula-
tion growth, the need for additional
school facilities and the need for addi-
tional schoolteachers will be tremendous.
For example, I have in my posses-
sion an editorial dated July 7, published
in one of the local newspapers of my
State, the St. Paul Pioneer Press and
Dispatch. I believe the second para-
graph of the editorial tells the story. It
reads:
About a million additional children are
being added to the school population each
year, now and in the years through 1960.
Not nearly enough teachers are being trained
to take charge of the necessary new class-
rooms—and there are not nearly enough
classrooms in which to put the children.
Such is the situation of the public schools
across the country.
There is no question more pressing
than that of education and educational
facilities.
Just a word about returning the con-
ference report to conference. It would
not be unusual. I remind the Senate
that last year we were in session all
night on the independent offices ap-
propriation bill conference report. That
bill contained the funds for the atomic
energy program, if I am correctly in-
formed. I recall that twice the report
was sent back to conference, because the
Senate felt that the House conferees
were being adamant in their position,
and that if we accepted the conference
report, the whole atomic energy pro-
gram might be jeopardized. So the
Senate twice sent the bill back to con-
ference, and we did not worry because
we might have to stay a little longer.
The argument was that what the bill pro-
vided was important for the security of
the country. After all the atomic
energy program is vital to the welfare
and defense of the Nation. We insisted
that the House conferees give in and ac-
cept the Senate language. Our in-
sistence met with success, and we came
out with a good conference report.
The educational needs of the children
of the United States are important to the
national security. The Senate of the
United States has no moral or political
obligation to accept the wishes of the
House conferees. Every time a report
comes back on a subject with respect to
which the Senate has taken a positive,
definite action, by a yea-and-nay vote
on a substantive policy matter, we are
told that the House will not go along
with the Senate.
Mr. KEFAUVER. Mr. President, will
the Senator yield?
Mr. HUMPHREY. I yield.
Mr. KEFAUVER. This is an extremely
important question, involving the de-
dication of this fund, whether it be for
education or not. Is it not the rule of
the House that on a conference report
debate is limited to 1 hour to a side, so
that if this report were sent back to be
voted upon in the House, the total debate
would be 1 hour to a side?
Mr. SPARKMAN. One hour alto-
gether.
Mr. KEFAUVER. I am reminded by
my distinguished friend from Alabama
that the total debate is 1 hour. Whether
it be 1 hour or 2 hours, does not the Sen-
ator feel that the proponents of the con-
ference report ought to be willing to risk
1 or 2 hours of debate to allow Members
of the House to determine how they feel
about this great issue?
Mr. HUMPHREY. I certainly do. I
think the Senator from Tennessee has
made his point crystal clear. I do not
believe it is a point which has been
-------
2552
LEGAL COMPILATION—WATER
appropriately or frankly answered in
the debates this evening.
When the Senate has taken a firm
position and said, "We will not yield on
matters of basic policy," we have been
able to carry the point and to win the
case. Last year the Senate was in ses-
[p. 10498]
sion until 5 o'clock one Sunday morning.
We sent the conference report on the
independent offices bill back twice, on
the question of the atomic energy pro-
gram. Finally we got a report which,
according to the Atomic Energy Com-
mission, permitted the development of
the atomic energy program along the
lines which were necessary for the de-
fense and security of the country.
Let me cite a more recent example.
The other day in the Senate we debated
the bill for the disposal of rubber plants.
During the debate amendments were
added to the committee bill. Committee
bills are very important, but there is
nothing sacred about a committee.
Committees are not made up of bishops,
deans of cathedrals, or other fine men
of the clergy. They are composed of
Senators—human beings. I have all the
respect in the world for committees, but
I know that many a committee bill has
been amended on the floor of the Sen-
ate. Members of the Senate are very
proud of some of their amendments.
The other day in connection with the
rubber plant disposal bill the Senator
from South Carolina [Mr. MAYBANK]
sponsored an amendment which we said
was an important amendment. The
committee was not for the amendment,
but the amendment was adopted.
The distinguished junior Senator from
Louisiana [Mr. LONG] sponsored what I
considered to be a very important
amendment. The amendment was
adopted. Those two amendments
seemed so important that when the rub-
ber plant disposal bill came back to the
Senate from conference without those
two amendments, the acting majority
leader rose and said, "We cannot ac-
cept this conference report. Let us send
it back to conference."
I have been informed today that, the
bill having been sent back to conference,
a conference report is coming back to the
Senate with the Maybank amendment
in it, which had been excluded once, and
with the Long amendment in it. In
other words, the Senate won its point
when it stood up and said, "We are go-
ing to fight on the basis of principle.
We are going to fight on the basis of the
yea-and-nay votes, which have shown
a majority in support of these princi-
ples."
As I have said before, there is nothing
sacred about a conference report. Need-
less to say, at times conference reports
involve compromises. There are many
compromises in the conference report
which came back on the Continental
Shelf bill. But every time we have an
opportunity to vote on a bill which in-
volves a substantive issue, such as the
Hill amendment on education, I think
we ought to make every effort humanly
possible to maintain our point and to
enact the program for which we, as
Members of the Senate, voted by a sub-
stantial majority.
I have nothing further to add. I ex-
press my hope that we shall maintain
the Hill amendment. People all over
the United States have supported this
amendment. I know of no amendment
to any bill which has had such wide sup-
port throughout the length and breadth
of the land, among the rank and file of
the American people. The people of the
Nation are concerned about our schools;
and they have a right to be, because
schools are close to their children and
their homes.
It is not sufficient to say that we shall
get around to this problem at some later
date. Proposals for Federal aid to ed-
ucation have been under consideration
in the Congress of the United States
time after time. As the Senator from
Tennessee [Mr. KEFAUVER] appropriately
noted, there has not been a vote hi the
House of Representatives in recent years
-------
STATUTES AND LEGISLATIVE HISTORY
2553
on the question of Federal aid to educa-
tion of any kind. The question was bot-
tled up in committee. Committees in
Congress are mortuaries the like of
which man has never known. There
are many dead legislative bodies in
committees. All the Senator from Ten-
nessee is asking is that one of these for-
lorn souls shall have a chance to see the
light of day and come to the floor of the
House of Representatives and the floor
of the Senate to be voted upon as legis-
lation.
It is not sufficient to say that measure
has been referred to a committee. That
is like saying that one goes to a railroad
station, but he does not necessarily
board the train. What we are inter-
ested in is results.
The Senator from Tennessee has
made an argument which has not been
set aside by any factual statement or any
evidence to the contrary. I hope the
Senate will insist upon its position, and
that the Hill amendment will be retained
in the conference report.
Mr. President, I ask that there be
printed in the RECORD at this point an
editorial entitled "Overflowing Schools,"
and an article entitled "School Plight
Studied," from the St. Paul Dispatch of
July 7 issue of the same paper.
There being no objection, the edi-
torial and article were ordered to be
printed in the RECORD as follows:
OVERFLOWING SCHOOLS
One more concise summary of the plight of
America's public schools has been made, this
time at the Duluth branch of the University
of Minnesota by Bernard A. Dawson, director
of rural service for the National Education
Association.
About a million additional children are
being added to the school population each
year, now and in the years through 1960.
Not nearly enough teachers are being trained
to take charge of the necessary new class-
rooms—and there are not nearly enough
classrooms in which to put the children.
Such is the situation of the public schools
across the country.
A minimum of 100,000 new elementary
schoolteachers will be needed each year
through I960, Mr. Dawson reports, and at
least 50,000 new high-school teachers. Last
year only 32,000 new elementary teachers
were graduated from institutions of higher
learning. There were 65,000 potential high-
school teachers graduated but many of them
went into elementary teaching or not into
teaching at all.
School buildings containing 325,280 Instruc-
tion rooms need to be built to bring the Na-
tion's school system up to date on fulfilling
enrollment needs and meeting minimum
standards, Mr. Dawson says. The buildings
would cost $10 billion, of which local dis-
tricts could supply only half under present
bonding laws. That leaves a $5 billion build-
ing fund shortage, without taking into ac-
count additional rooms needed in the next
few years for the pyramiding enrollment.
Mr. Dawson recommends higher salaries
for teachers and proper community appre-
ciation of their status as means of enticing
more young people into what should be re-
garded as a highly desirable profession. He
sees no answer to the school-building crisis
but eventual Federal grants in aid. And he
appeals to citizens generally and to parents
in particular to give support to school boards
and educators who are trying to prevent a
threatened deterioration of American public
education.
SCHOOLS PLIGHT STUDIED
DULUTH.—Three factors have caused the
current "plight" of public schools In the
United States, a convocation of the Univer-
sity of Minnesota, Duluth branch, was in-
formed today.
They are given as a shortage of qualified
teachers, lack of adequate buildings and
other physical facilities and unwarranted at-
tacks on the character and integrity of the
public school system and the persons in
charge of it.
The convocation speaker, Howard A. Daw-
son of Washington, D.C., director of rural
service for the National Education Associa-
tion, declared that only a political upheaval
which will clean out obstructionists and anti-
social politicians at every level of Govern-
ment can correct the situation.
Mr. Dawson called on young GI's and their
wives to "kick out" these politicians and see
to it that the people's government serves
properly "the need of the youngest genera-
tion for schools, health facilities, and safety,
at least, of life and limb."
He said such an upheaval may not come
until "we have one or more major catas-
trophes resulting in the death or maiming
of several scores of children."
Criticizing the qualifications of some teach-
ers and housing conditions in some schools,
Mr. Dawson added vehemently: "The school-
houses are bursting at the seams and many
schoolrooms have only baby sitters and
-------
2554
LEGAL COMPILATION—WATER
policemen not teachers."
He called on parents, especially mothers,
to stimulate the emotional drive necessary
to generate public action for new school
buildings and Improvements, through local
taxes and bond issues supplemented by State
appropriations for grants to localities.
Among recommendations for relieving the
teacher shortage he urged higher salaries,
reduction in teacher load in the classrooms,
a more democratic attitude toward teachers
and more acceptance of teachers in the life
of the community, organization of teacher
preparatory classes in high schools and en-
couraging ablest students to enter them.
Then directing a blast at criticisms which
he said aim to destroy public confidence in
those who control the school system, Mr.
Dawson concluded:
"The public should stop using the public
schools as a whipping boy for every frustra-
tion that arises in American life. The cur-
rent vicious attacks on the integrity of the
schools discourages young people from enter-
ing the teaching profession."
[p. 10499]
The VICE PRESIDENT. A quorum is
present. The question is on agreeing to
the conference report.
Mr. HUMPHREY. Mr. President, I
wish to reiterate what I believe to be the
pertinent issue in the debate. It is a
question of whether the Senate will ad-
here to the proposal which it adopted
after considerable deliberation. The
Hill amendment was offered as an
amendment to two bills, the original, so-
called tidelands bill and the Continental
Shelf bill. It is my feeling that after
all that labor and work, and after all
the dedication and effort and conscien-
tious activity that went into accomplish-
ing the Hill amendment, we should
sustain it on the conference report.
I firmly believe that if we lose this op-
portunity, we will not have a similar one
for a long time to come. I would hope
that we would not make that tragic mis-
take. It has taken us 3 years to get the
amendment adopted, and I can safely
predict that if we lose it now, it will take
an equal length of time to retrieve it.
Mr. KEFAUVER. Mr. President, will
the Senator from Minnesota yield?
Mr. HUMPHREY. I yield to the Sen-
ator from Tennessee.
Mr. KEFAUVER. Is it not true that it
would take only an hour in the House
of Representatives to determine how the
House feels about the amendment, and
in that way we would know what the
situation is?
Mr. HUMPHREY. That is correct.
It would take only an hour for the House
of Representatives to decide the issue.
Then we would have an opportunity at
least to know the view of the House of
Representatives, not merely the view of
the members of the conference com-
mittee.
Mr. President, I suggest the absence of
a quorum.
Mr. KNOWLAND. Mr. President, will
the Senator withhold his suggestion of
the absence of a quorum?
Mr. HUMPHREY. I am glad to with-
hold it.
Mr. LONG. Mr. President, I make the
point of order that no business has been
transacted since the last quorum call.
I realize it is a technical matter, and
any Senator could find some excuse for
making it possible to have a quorum
call. Unless a Senator wishes to under-
take some dilatory tactics, I suggest we
vote on the conference report. I inquire
of the Chair what business has been
transacted since the last quorum call.
The VICE PRESIDENT. The point
of order is sustained. No business has
been transacted.
Mr. KNOWLAND. Mr. President, I
hope the Senate will accept the con-
ference report. As was pointed out by
the distinguished Senator from Oregon
[Mr. CORDON], the conferees have
brought back practically the whole
Senate bill with the exception of one
amendment. As a practical matter, if
we were to send the report back to con-
ference, and if it were rejected by the
House, it would be merely an empty
gesture. But we might end up with no
Continental Shelf bill whatsoever en-
acted into law.
Under those circumstances it seems to
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STATUTES AND LEGISLATIVE HISTORY
2555
me that in what I hope will be the clos-
ing days, at least of this session, the
logical and the sensible thing for the
Senate to do is to adopt the conference
report.
SEVERAL SENATORS. Vote! Vote!
Mr. MILLIKIN. Mr. President, I was
one of the conferees on this measure. I
simply wish to say that the conferees
held 4 or 5 meetings. The Senate con-
ferees worked diligently and tried to
reach agreement. The House conferees,
by an obvious position of 6 to 1, refused
to take the matter back to the House
of Representatives. Finally a majority
of the Senate conferees had to ask them-
selves the question, "Shall we allow the
wealth in the outer Continental Shelf
to go unproduced, and put this matter
in a condition of stalemate; or shall we
bring the matter back to the Senate for
decision?"
I am thoroughly convinced that noth-
ing can be done to change the viewpoint
of the House conferees.
So, Mr. President, I suggest that the
conference report be adopted.
The VICE PRESIDENT. The ques-
tion is on agreeing to the report.
So the report was agreed to.
[p. 10500]
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2556 LEGAL COMPILATION—WATER
1.15 ADMINSTRATIVE PROCEDURE, AS AMENDED,
5 U.S.C. §§551-559, 701-705 (1968)
[Referred to in 33 U.S.C. §§1162(b), 1163(e)]
§ 551. Definitions
For the purpose of this subchapter—
(1) "agency" means each authority of the Government of
the United States, whether or not it is within or subject to
review by another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions
of the United States;
(D) the government of the District of Columbia;
or except as to the requirements of section 552 of this title—
(E) agencies composed of representatives of the
parties or of representatives of organizations of the
parties to the disputes determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time of
war or in occupied territory; or
(H) functions conferred by sections 1738, 1739, 1743,
and 1744 of title 12; chapter 2 of title 41; or sections
1622, 1884, 1891-1902, and former section 1641 (b) (2),
of title 50, appendix;
(2) "person" includes an individual, partnership, corpora-
tion, association, or public or private organization other than
an agency;
(3) "party" includes a person or agency named or admitted
as a party, or properly seeking and entitled as of right to be
admitted as a party, in an agency proceeding, and a person
or agency admitted by an agency as a party for limited pur-
poses ;
(4) "rule" means the whole or a part of an agency state-
ment of general or particular applicability and future effect
designed to implement, interpret, or prescribe law or policy
or describing the organization, procedure, or practice re-
quirements of an agency and includes the approval or pre-
scription for the future of rates, wages, corporate or financial
structures or reorganizations thereof, prices, facilities, appli-
ances, services or allowances therefor or of valuations, costs,
or accounting, or practices bearing on any of the foregoing;
(5) "rule making" means agency process for formulating,
amending, or repealing a rule;
(6) "order" means the whole or a part of a final disposi-
tion, whether affirmative, negative, injunctive, or declaratory
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STATUTES AND LEGISLATIVE HISTORY 2557
in form, of an agency in a matter other than rule making but
including licensing;
(7) "adjudication" means agency process for the formula-
tion of an order;
(8) "license" includes the whole or a part of an agency
permit, certificate, approval, registration, charter, member-
ship, statutory exemption or other form of permission;
(9) "licensing" includes agency process respecting the
grant, renewal, denial, revocation, suspension, annulment,
withdrawal, limitation, amendment, modification, or condi-
tioning of a license;
(10) "sanction" includes the whole or a part of an agency—
(A) prohibition, requirement, limitation, or other con-
dition affecting the freedom of a person;
(B) withholding of relief;
(C) imposition of penalty or fine ;
(D) destruction, taking, seizure, or withholding of
property;
(E) assessment of damages, reimbursement, restitu-
tion, compensation, costs, charges, or fees;
(F) requirement, revocation, or suspension of a li-
cense ; or
(G) taking other compulsory or restrictive action;
(11) "relief" includes the whole or a part of an agency—
(A) grant of money, assistance, license, authority,
exemption, exception, privilege, or remedy ;
(B) recognition of a claim, right, immunity, privilege,
exemption, or exception; or
(C) taking of other action on the application or peti-
tion of, and beneficial to, a person;
(12) "agency proceeding" means an agency process as de-
fined by paragraphs (5), (7), and (9) of this section; and
(13) "agency action" includes the whole or a part of an
agency rule, order, license, sanction, relief, or the equivalent
or denial thereof, or failure to act.
Pub.L. 89-554, Sept. 6, 1966, 90 Stat. 381.
§ 552. Public information; agency rules, opinions, orders, rec-
ords, and proceedings
(a) Each agency shall make available to the public information
as follows:
(1) Each agency shall separately state and currently publish in
the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and
the established places at which, the employees (and in the
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2558 LEGAL COMPILATION—WATER
case of a uniformed service, the members) from whom, and
the methods whereby, the public may obtain information,
make submittals or requests, or obtain decisions;
(B) statements of the general course and method by which
its functions are channeled and determined, including the
nature and requirements of all formal and informal proce-
dures available;
(C) rules of procedure, descriptions of forms available or
the places at which forms may be obtained, and instructions
as to the scope and contents of all papers, reports, or ex-
aminations ;
(D) substantive rules of general applicability adopted as
authorized by law, and statements of general policy or inter-
pretations of general applicability formulated and adopted by
the agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of
the terms thereof, a person may not in any manner be required to
resort to, or be adversely affected by, a matter required to be pub-
lished in the Federal Register and not so published. For the pur-
pose of this paragraph, matter reasonably available to the class
of persons affected thereby is deemed published in the Federal
Register when incorporated by reference therein with the approval
of the Director of the Federal Register.
(2) Each agency, in accordance with published rules, shall
make available for public inspection and copying—
(A) final opinions, including concurring and dissenting
opinions, as well as orders, made in the adjudication of cases;
(B) those statements of policy and interpretations which
have been adopted by the agency and are not published in
the Federal Register; and
(C) administrative staff manuals and instructions to staff
that affect a member of the public;
unless the materials are promptly published and copies offered for
sale. To the extent required to prevent a clearly unwarranted in-
vasion of personal privacy, an agency may delete identifying de-
tails when it makes available or publishes an opinion, statement
of policy, interpretation, or staff manual or instruction. However,
in each case the justification for the deletion shall be explained
fully in writing. Each agency also shall maintain and make avail-
able for public inspection and copying a current index providing
identifying information for the public as to any matter issued,
adopted, or promulgated after July 4, 1967, and required by this
paragraph to be made available or published. A final order, opin-
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STATUTES AND LEGISLATIVE HISTORY 2559
ion, statement of policy, interpretation, or staff manual or instruc-
tion that affects a member of the public may be relied on, used, or
cited as precedent by an agency against a party other than an
agency only if—
(i) it has been indexed and either made available or pub-
lished as provided by this paragraph; or
(ii) the party has actual and timely notice of the terms
thereof.
(3) Except with respect to the records made available under
paragraphs (1) and (2) of this subsection, each agency, on re-
quest for identifiable records made in accordance with published
rules stating the time, place, fees to the extent authorized by
statute, and procedure to be followed, shall make the records
promptly available to any person. On complaint, the district court
of the United States in the district in which the complainant re-
sides, or has his principle place of business, or in which the agency
records are situated, has jurisdiction to enjoin the agency from
withholding agency records and to order the production of any
agency records improperly withheld from the complainant. In
such a case the court shall determine the matter de novo and the
burden is on the agency to sustain its action. In the event of
noncompliance with the order of the court, the district court may
punish for contempt the responsible employee, and in the case of
a uniformed service, the responsible member. Except as to causes
the court considers of greater importance, proceedings before the
district court, as authorized by this paragraph, take precedence on
the docket over all other causes and shall be assigned for hearing
and trial at the earliest practicable date and expedited in every
way.
(4) Each agency having more than one member shall maintain
and make available for public inspection a record of the final votes
of each member in every agency proceeding.
(b) This section does not apply to matters that are—
(1) specifically required by Executive order to be kept
secret in the interest of the national defense or foreign policy;
(2) related solely to the internal personnel rules and prac-
tices of an agency ;
(3) specifically exempted from disclosure by statute;
(4) trade secrets and commercial or financial information
obtained from a person and privileged or confidential ;
(5) inter-agency or intra-agency memorandums or letters
which would not be available by laws to a party other than
an agency in litigation with the agency;
(6) personnel and medical files and similar files the dis-
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2560 LEGAL COMPILATION—WATER
closure of which would constitute a clearly unwarranted inva-
sion of personal privacy;
(7) investigatory files compiled for law enforcement pur-
poses except to the extent available by law to a party other
than an agency;
(8) contained in or related to examination, operating, or
condition reports prepared by, on behalf of, or for the use of
an agency responsible for the regulation or supervision of
financial institutions; or
(9) geological and geophysical information and data, in-
cluding maps, concerning wells.
(c) This section does not authorize withholding of information
or limit the availability of records to the public, except as specifi-
cally stated in this section. This section is not authority to with-
hold information from Congress. Pub.L. 89-554, Sept. 6, 1966, 80
Stat. 383; Pub.L. 90-23, § 1, June 5, 1967, 81 Stat. 54.
§ 553. Rule making
(a) This section applies, according to the provisions thereof,
except to the extent that there is involved—
(1) a military or foreign affairs function of the United
States; or
(2) a matter relating to agency management or personnel
or to public property, loans, grants benefits, or contracts.
(b) General notice of proposed rule making shall be published
in the Federal Register, unless persons subject thereto are named
and either personally served or otherwise have actual notice
thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public
rule making proceedings;
(2) reference to the legal authority under which the rule
is proposed; and
(3) either the terms or substance of the proposed rule or a
description of the subjects and issues involved.
Except when notice or hearing is required by statute, this sub-
section does not apply—
(A) to interpretative rules, general statements of policy,
or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorpor-
ates the finding and a brief statement of reasons therefor in
the rules issue) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest.
(c) After notice required by this section, the agency shall give
interested persons an opportunity to participate in the rule making
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STATUTES AND LEGISLATIVE HISTORY 2561
through submission of written data, views, or arguments with or
without opportunity for oral presentation. After consideration of
the relevant matter presented, the agency shall incorporate in the
rules adopted a concise general statement of their basis and pur-
pose. When rules are required by statute to be made on the record
after opportunity for an agency hearing, sections 556 and 557 of
this title apply instead of this subsection.
(d) The required publication or service of a substantive rule
shall be made not less than 30 days before its effective date, ex-
cept—
(1) a substantive rule which grants or recognizes an ex-
emption or relieves a restriction;
(2) interpretative rules and statements of policy; or
(3) as otherwise provided by the agency for good cause
found and published with the rule.
(e) Each agency shall give an interested person the right to
petition for the issuance, amendment, or repeal of a rule. Pub.L.
89-554, Sept. 6, 1966, 80 Stat. 383.
§ 554. Adjudications
(a) This section applies, according to the provisions thereof, in
every case of adjudication required by statute to be determined on
the record after opportunity for an agency hearing, except to the
extent that there is involved—
(1) a matter subject to a subsequent trial of the law arid
the facts de novo in a court;
(2) the selection or tenure of an employee, except a hearing
examiner appointed under section 3105 of this title;
(3) proceedings in which decisions rest solely on inspec-
tions, tests, or elections;
(4) the conduct of military or foreign affairs functions;
(5) cases in which an agency is acting as an agent for a
court; or
(6) the certification of worker representatives.
(b) Persons entitled to notice of an agency hearing shall be
timely informed of—
(1) the time, place, and nature of the hearing;
(2) the legal authority and jurisdiction under which the
hearing is to be held; and
(3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to the
proceeding shall give prompt notice of issues controverted in fact
or law; and in other instances agencies may by rule require re-
sponsive pleading. In fixing the time and place for hearings, due
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2562 LEGAL COMPILATION—WATER
regard shall be had for the convenience and necessity of the parties
or their representatives.
(c) The agency shall give all interested parties opportunity
for—
(1) the submission and consideration of facts, arguments,
offers of settlement, or proposals of adjustment when time,
the nature of the proceeding, and the public interest permit;
and
(2) to the extent that the parties are unable so to deter-
mine a controversy by consent, hearing and decision on notice
and in accordance with sections 556 and 557 of this title.
(d) The employee who presides at the reception of evidence
pursuant to section 556 of this title shall make the recommended
decisions or initial decision required by section 557 of this title,
unless he becomes unavailable to the agency. Except to the extent
required for the disposition of ex parte matters as authorized by
law, such an employee may not—
(1) consult a person or party on a fact in issue, unless on
notice and opportunity for all parties to participate; or
(2) be responsible to or subject to the supervision or direc-
tion of an employee or agent engaged in the performance of
investigative or prosecuting functions for an agency.
An employee or agent engaged in the performance of investigative
or prosecuting functions for an agency in a case may not, in that
or a factually related case, participate or advise in the decision,
recommended decision, or agency review persuant to section 557
of this title, except as witness or counsel in public proceedings.
This subsection does not apply—
(A) in determining applications for initial licenses;
(B) to proceedings involving the validity or application of
rates, facilities, or practices of public utilities or carriers; or
(C) to the agency or a member or members of the body
comprising the agency.
(e) The agency, with like effect as in the case of other orders,
and in its sound discretion, may issue a declaratory order to
terminate a controversy or remove uncertainty, Pub.L. 89-554,
Sept. 6, 1966. 80 Stat. 384.
§ 555. Ancillary matters
(a) This section applies, according to the provisions thereof,
except as otherwise provided by this subchapter.
(b) A person compelled to appear in person before an agency or
representative thereof is entitled to be accompanied, represented,
and advised by counsel or, if permitted by the agency, by other
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STATUTES AND LEGISLATIVE HISTORY 2563
qualified representative. A party is entitled to appear in person or
by or with counsel or other duly qualified representative in an
agency proceeding. So far as the orderly conduct of public business
permits, an interested person may appear before an agency or its
responsible employees for the presentation, adjustment, or deter-
mination of an issue, request, or controversy in a proceeding,
whether interlocutory, summary, or otherwise, or in connection
with an agency function. With due regard for the convenience and
necessity of the parties or their representatives and within a rea-
sonable time, each agency shall proceed to conclude a matter pre-
sented to it. This subsection does not grant or deny a person who
is not a lawyer the right to appear for or represent others before
an agency or in an agency proceeding.
(c) Process, requirement of a report, inspection, or other in-
vestigative act or demand may not be issued, made, or enforced
except as authorized by law. A person compelled to submit data or
evidence is entitled to retain or, on payment of lawfully prescribed
costs, procure a copy or transcript thereof, except that in a non-
public investigatory proceeding the witness may for good cause be
limited to inspection of the official transcript of his testimony.
(d) Agency subpenas authorized by law shall be issued to a
party on request and, when required by rules of procedure, on a
statement or showing of general relevance and reasonable scope
of the evidence sought. On contest, the court shall sustain the sub-
pena or similar process or demand to the extent that it is found
to be in accordance with law. In a proceeding for enforcement, the
court shall issue an order requiring the appearance of the witness
or the production of the evidence or data within a reasonable time
under penalty of punishment for contempt in case of contumacious
failure to comply.
(e) Prompt notice shall be given of the denial in whole or in
part of a written application, petition, or other request of an inter-
ested person made in connection with any agency proceeding.
Except in affiming a prior denial or when the denial is self-explan-
atory, the notice shall be accompanied by a brief statement of the
grounds for denial. Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 385.
§ 556. Hearings; presiding employees; powers and duties;
burden of proof; evidence; record as basis of decision
(a) This section applies, according to the provisions thereof, to
hearings required by section 553 or 554 of this title to be conducted
in accordance with this section.
(b) There shall preside at the taking of evidence—
(1) the agency;
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2564 LEGAL COMPILATION—WATER
(2) one or more members of the body which comprises the
agency; or
(3) one or more hearing examiners appointed under sec-
tion 3105 of this title.
This subchapter does not supersede the conduct of specified classes
of proceedings, in whole or in part, by or before boards or other
employees specially provided for by or designated under statute.
The functions of presiding employees and of employees participat-
ing in decisions in accordance with section 557 of this title shall
be conducted in an impartial manner. A presiding or participating
employee may at any time disqualify himself. On the filing in good
faith of a timely and sufficient affidavit of personal bias or other
disqualification of a presiding or participating employee, the
agency shall determine the matter as a part of the record and
decision in the case.
(c) Subject to published rules of the agency and within its
powers. Employees presiding at hearings may—
(1) administer oaths and affirmations;
(2) issue subpenas authorized by law;
(3) rule on offers of proof and receive relevant evidence;
(4) take depositions or have depositions taken when the
ends of justice would be served;
(5) regulate the course of the hearing;
(6) hold conferences for the settlement or simplication of
the issues by consent of the parties;
(7) dispose of procedural requests or similar matters;
(8) make or recommend decisions in accordance with sec-
tion 557 of this title; and
(9) take other action authorized by agency rule consistent
with this subchapter.
(d) Except as otherwise provided by statute, the proponent of
a rule or order has the burden of proof. Any oral or documentary
evidence may be received, but the agency as a matter of policy
shall provide for the exclusion of irrelevant, immaterial, or unduly
repetitious evidence. A sanction may not be imposed or rule or
order issued except on consideration of the whole record or those
parts thereof cited by a party and supported by and in accordance
with the reliable, probative, and substantial evidence. A party is
entitled to present his case or defense by oral or documentary evi-
dence, to submit rebuttal evidence, and to conduct such cross-
examination as may be required for a full and true disclosure of
the facts. In rule making or determining claims for money or
benefits or applications for initial licenses an agency may, when
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STATUTES AND LEGISLATIVE HISTORY 2565
a party will not be prejudiced thereby, adopt procedures for the
submission of all or part of the evidence in written form.
(e) The transcript of testimoney and exhibits, together with all
papers and requests filed in the proceeding, constitutes the exclu-
sive record for decision in accordance with section 557 of this
title and, on payment of lawfully prescribed costs, shall be made
available to the parties. When an agency decision rests on official
notice of a material fact not appearing in the evidence in the
record, a party is entitled, on timely request, to an opportunity to
show the contrary. Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 386.
§ 557. Initial decisions; conclusiveness; review by agency; sub-
missions by parties; contents of decisions; record
(a) This section applies, according to the provisions thereof,
when a hearing is required to be conducted in accordance with sec-
tion 556 of this title.
(b) When the agency did not preside at the reception of the
evidence, the presiding employee or, in cases not subject to section
554 (d) of this title, an employee qualified to preside at hearings
pursuant to section 556 of this title, shall initially decide the case
unless the agency requires, either in specific cases or by general
rule, the entire record to be certified to it for decision. When the
presiding employee makes an initial decision, that decision then
becomes the decision of the agency without further proceedings
unless there is an appeal to, or review on motion of, the agency
within time provided by rule. On appeal from or review of the
initial decision, the agency has all the powers which it would have
in making the initial decision except as it may limit the issues on
notice or by rule. When the agency makes the decision without
having presided at the reception of the evidence, the presiding
employee or an employee qualified to preside at hearings pursuant
to section 556 of this title shall first recommend a decision, except
that in rule making or determining applications for initial li-
senses—
(1) instead thereof the agency may issue a tentative deci-
sion or one of its responsible employees may recommend a
decision; or
(2) this procedure may be omitted in a case in which the
agency finds on the record that due and timely execution of
its functions imperatively and unavoidably so requires.
(c) Before a recommended, initial, or tentative decision, or a
decision on agency review of the decision of subordinate em-
ployees, the parties are entitled to a reasonable opportunity to
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2566 LEGAL COMPILATION—WATER
submit for the consideration of the employees participating in the
decisions—
(1) proposed findings and conclusions; or
(2) exceptions to the decisions or recommended decisions
of subordinate employees or to tentative agency decisions; and
(8) supporting reasons for the exceptions or proposed find-
ings or conclusions.
The record shall show the ruling on each finding, conclusions, or
exception presented. All decisions, including initial, recommended,
and tentative decisions, are a part of the record and shall include
a statement of—
(A) findings and conclusions, and the reasons or basis
therefor, on all the material issues of fact, law, or discretion
presented on the record; and
(B) the appropriate rule, order, sanction, relief, or denial
thereof.
Pub.L. 89-554, Sept. 6,1966,80 Stat. 387.
§ 558. Imposition of sanctions; determination of applications
for licenses; suspension, revocation, and expiration of licenses
(a) This section applies, according to the provisions thereof, to
the exercise of a power or authority.
(b) A sanction may not be imposed or a substantive rule or
order issued except within jurisdiction delegated to the agency and
as authorized by law.
(c) When application is made for a license required by law, the
agency, with due regard for the rights and privileges of all the
interested parties or adversely affected persons and within a rea-
sonable time, shall set and complete proceedings required to be
conducted in accordance with sections 556 and 557 of this title or
other proceedings required by law and shall make its decision.
Except in cases of willfulness or those in which public health, in-
• terest, or safety requires otherwise, the withdrawal, suspension,
revocation, or annulment of a license is lawful only if, before the
institution of agency proceedings therefor, the licensee has been
given—
(1) notice by the agency in writing of the facts or conduct
which may warrant the action; and
(2) opportunity to demonstrate or achieve compliance with
all lawful requirements.
When the licensee has made timely and sufficient application for a
renewal or a new license in accordance with agency rules, a license
with reference to an activity of a continuing nature does not ex-
pire until the application has been finally determined by the
agency.
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STATUTES AND LEGISLATIVE HISTORY 2567
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 388.
§ 559. Effect on other laws; effect of subsequent statute
This subchapter, chapter 7, and sections 1305, 3105, 3344,
4301(2) (E), 5362, and 7521 of this title, and the provisions of
section 5335(a) (B) of this title that relate to hearing examiners,
do not limit or repeal additional requirements imposed by statute
or otherwise recognized by law. Except as otherwise required by
law, requirements or privileges relating to evidence or procedure
apply equally to agencies and persons. Each agency is granted the
authority necessary to comply with the requirements of this sub-
chapter through the issuance of rules or otherwise. Subsequent
statute may not be held to supersede or modify this subchapter,
chapter 7, sections 1305, 3105, 3344, 4301(2) (E), 5362, or 7521
of this title, or the provisions of section 5335 (a) (B) of this title
that relate to hearing examiners, except to the extent that it does
so expressly.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 388, amended Pub.L. 90-623,
§ 1(1), Oct. 22, 1968, 82 Stat. 1312.
§ 701. Application; definitions
(a) This chapter applies, according to the provisions thereof,
except to the extent that—
(1) statutes preclude judicial review; or
(2) agency action is committed to agency discretion by law.
(b) For the purpose of this chapter—
(1) "agency" means each authority of the Government of
the United States, whether or not it is within or subject to
review by another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions
of the United States;
(D) the government of the District of Columbia;
XE) agencies composed of representatives of the
parties or of representatives of organizations of the
parties to the disputes determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time
of war or in occupied territory; or
(H) functions conferred by sections 1738, 1739, 1743,
and 1744 of title 12; chapter 2 of title 41; or sections
1622, 1884, 1891-1902, and former section 1641 (b) (2),
of title 50, appendix; and
(2) "person", "rule", "order", "license", "sanction", "re-
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2568 LEGAL COMPILATION—WATER
lief", and "agency action" have the meanings given them by
section 551 of this title.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 392.
§ 702. Right of review
A person suffering legal wrong because of agency action, or
adversely affected or aggrieved by agency action within the mean-
ing of a relevant statute, is entitled to judicial review thereof.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 392.
§ 703. Form and venue of proceeding
The form of proceeding for judicial review is the special statu-
tory review proceeding relevant to the subject matter in a court
specified by statute or, in the absence or inadequacy thereof, any
applicable form of legal action, including actions for declaratory
judgments or writs of prohibitory or mandatory injunction or
habeas corpus, in a court of competent jurisdiction. Except to the
extent that prior, adequate, and exclusive opportunity for judicial
review is provided by law, agency action is subject to judicial
review, in civil or criminal proceedings for judicial enforcement.
Pub.L. 89-554, Sept. 6, 1966, 80 Stat. 392.
§ 704. Actions reviewable
Agency action made reviewable by statute and final agency
action for which there is no other adequate remedy in a court are
subject to judicial review. A preliminary, procedural, or inter-
mediate agency action or ruling not directly reviewable is subject
to review on the review of the final agency action. Except as
otherwise expressly required by statute, agency action otherwise
final is final for the purposes of this section whether or not there
has been presented or determined an application for a declaratory
order, for any form of reconsideration, or, unless the agency
otherwise requires by rule and provides that the action meanwhile
is inoperative, for an appeal to superior agency authority. Pub.L.
89-554, Sept. 6,1966, 80 Stat. 392.
§ 705. Relief pending review
When an agency finds that justice so requires, it may postpone
the effective date of action taken by it, pending judicial review. On
such conditions as may be required and to the extent necessary to
prevent irreparable injury, the reviewing court, including the
court to which a case may be taken on appeal from or on applica-
tion for certiorari or other writ to a reviewing court, may issue
all necessary and appropriate process to postpone the effective
date of an agency action or to preserve status or rights pending
-------
STATUTES AND LEGISLATIVE HISTORY 2569
conclusion of the review proceedings. Pub.L. 89-554, Sept. 6,
1966, 80 Stat. 393.
§ 706. Scope of review
To the extent necessary to decision and when presented, the
reviewing1 court shall decide all relevant questions of law, inter-
pret constitutional and statutory provisions, and determine the
meaning or applicability of the terms of an agency action. The
reviewing court shall—
(1) compel agency action unlawfully withheld or unrea-
sonably delayed; and
(2) hold unlawful and set aside agency action, findings,
and conclusions found to be—
(A) arbitrary, capricious, an abuse of discretion, or
otherwise not in accordance with law;
(B) contrary to constitutional right, power, privilege,
or immunity;
(C) in excess of statutory jurisdiction, authority, or
limitations, or short of statutory right;
(D) without observance of procedure required by law;
(E) unsupported by substantial evidence in a case
subject to sections 556 and 557 of this title or otherwise
reviewed on the record of an agency hearing provided by
statute; or
(F) unwarranted by the facts to the extent that the
facts are subject to trial de novo by the reviewing court.
In making the foregoing determinations, the court shall review
the whole record or those parts of it cited by a party, and due
account shall be taken of the rule of prejudicial error. Pub.L. 89-
554, Sept. 6, 1966, 80 Stat. 393.
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2570 LEGAL COMPILATION—WATER
1.15a ACT TO ENACT TITLE 5, UNITED STATES CODE
September 6,1966, P.L. 89-554, 80 Stat 381-388, 392-393
SUBCHAPTER II—ADMINISTRATIVE PROCEDURE
§551. Definitions
For the purpose of this subchapter—
(1) "agency" means each authority of the Government of the
United States, whether or not it is within or subject to review
by another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions of
the United States;
(D) the government of the District of Columbia;
or except as to the requirements of section 552 of this title—
(E) agencies composed of representatives of the parties or
of representatives of organizations of the parties to the dis-
putes determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time of
war or in occupied territory; or
[p. 381]
(H) functions conferred by sections 1738, 1739, 1743, and
1744 of title 12; chapter 2 of title 41: or sections 1622, 1884,
1891-1962, and former section 1641 (b) (2), of title 50,
appendix;
(2) "person" includes an individual, partnership, corporation,
association, or public or private organization other than an
agency;
(3) "party" includes a person or agency named or admitted as
a party, or properly seeking and entitled as of right to be ad-
mitted as a party, in an agency proceeding, and a person or
agency admitted by an agency as a party for limited purposes;
(4) "rule" means the whole or a part of an agency statement
of general or particular applicability and future effect designed
to implement, interpret, or prescribe law or policy or describing
the organization, procedure, or practice requirements of an
agency and includes the approval or prescription for the future
of rates, wages, corporate or financial structures or reorganiza-
tions thereof, prices, facilities, appliances, services or allowances
therefor or of valuations, costs, or accounting, or practices bear-
ing on any of the foregoing;
(5) "rule making" means agency process for formulating,
amending, or repealing a rule;
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STATUTES AND LEGISLATIVE HISTORY 2571
(6) "order" means the whole or a part of a final disposition,
whether affirmative, negative, injunctive, or declaratory in form,
of an agency in a matter other than rule making but including
licensing;
(7) "adjudication" means agency process for the formulation
of an order;
(8) "license" includes the whole or a part of an agency per-
mit, certificate, approval, registration, charter, membership,
statutory exemption or other form of permission;
(9) "licensing" includes agency process respecting the grant
renewal, denial, revocation, suspension, annulment, withdrawal,
limitation, amendment, modification, or conditioning of a
license;
(10) "sanction" includes the whole or a part of an agency—
(A) prohibition, requirement, limitation, or other condi-
tion affecting the freedom of a person;
(B) withholding of relief;
(C) imposition of penalty or fine;
(D) destruction, taking, seizure, or withholding of
property;
(E) assessment of damages, reimbursement, restitution,
compensation, costs, charges, or fees;
(F) requirement, revocation, or suspension of a license;
or
(G) taking other compulsory or restrictive action;
(11) "relief" includes the whole or a part of an agency—
(A) grant of money, assistance, license, authority, exemp-
tion, exception, privilege, or remedy;
(B) recognition of a claim, right, immunity, privilege,
exemption, or exception; or
(C) taking of other action on the application or petition
of, and beneficial to, a person;
(12) "agency proceeding" means an agency process as defined
by paragraphs (5), (7), and (9) of this section; and
[p. 382]
(13) "agency action" includes the whole or a part of an agency
rule, order, license, sanction, relief, or the equivalent or denial
thereof, or failure to act.
§552. Publication of information, rules, opinions, orders, and public
records
(a) This section applies, according to the provisions thereof, except
to the extent that there is involved—
(1) a function of the United States requiring secrecy in the
public interest; or
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2572 LEGAL COMPILATION—WATER
(2) a matter relating solely to the internal management of an
agency.
(b) Each agency shall separately state and currently publish in the
Federal Register—
(1) descriptions of its central and field organizations, includ-
ing delegations of final authority by the agency, and the estab-
lished places at which, and methods whereby, the public may
obtain information or make submittals or requests;
(2) statements of the general course and method by which its
functions are channeled and determined, including the nature
and requirements of the formal or informal procedures available
and forms and instructions as to the scope and contents of all
papers, reports, or examinations; and
(3) substantive rules adopted as authorized by law and state-
ments of general policy or interpretations adopted by the agency
for public guidance, except rules addressed to and served on
named persons in accordance with law.
A person may not be required to resort to organization or procedure
not so published.
(c) Each agency shall publish or, in accordance with published
rule, make available to public inspection all final opinions or orders
in the adjudication of cases (except those required for good cause to
be held confidential and not cited as precedents) and all rules.
(d) Except as otherwise required by statute, matters of official
record shall be made available, in accordance with published rule, to
persons properly and directly concerned, except information held
confidential for good cause found.
§553. Rule making
(a) This section applies, according to the provisions thereof, ex-
cept to the extent that there is involved—
(1) a military or foreign affairs function of the United States;
or
(2) a matter relating to agency management or personnel or
to public property, loans, grants, benefits, or contracts.
(b) General notice of proposed rule making shall be published in
the Federal Register, unless persons subject thereto are named and
either personally served or otherwise have actual notice thereof in
accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule
making proceedings;
(2) reference to the legal authority under which the rule is
proposed; and
(3) either the terms or substance of the proposed rule or a
description of the subjects and issues involved.
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STATUTES AND LEGISLATIVE HISTORY 2573
Except when notice or hearing is required by statute, this subsection
does not apply— [p. 383]
(A) to interpretative rules, general statements of policy) or
rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates
the finding and a brief statement of reasons therefor in the rules
issued) that notice and public procedure thereon are imprac-
ticable, unnecessary, or contrary to the public interest.
(c) After notice required by this section, the agency shall give
interested persons an opportunity to participate in the rule making
through submission of written data, views, or arguments with or
without opportunity for oral presentation. After consideration of the
relevant matter presented, the agency shall incorporate in the rules
adopted a concise general statement of their basis and purpose.
When rules are required by statute to be made on the record after
opportunity for an agency hearing, sections 556 and 557 of this title
apply instead of this subsection.
(d) The required publication or service of a substantive rule shall
be made not less than 30 days before its effective date, except—
(1) a substantive rule which grants or recognizes an exemp-
tion or relieves a restriction;
(2) interpretative rules and statements of policy; or
(3) as otherwise provided by the agency for good cause found
and published with the rule.
(e) Each agency shall give an interested person the right to pe-
tition for the issuance, amendment, or repeal of a rule.
§554. Adjudications
(a) This section applies, according to the provisions thereof, in
every case of adjudication required by statute to be determined on
the record after opportunity for an agency hearing, except to the
extent that there is involved—-
(1) a matter subject to a subsequent trial of the law and the
facts de novo in a court;
(2) the selection or tenure of an employee, except a hearing
examiner appointed under section 3105 of this title;
(3) proceedings in which decisions rest solely on inspections,
tests, or elections;
(4) the conduct of military or foreign affairs functions;
(5) cases in which an agency is acting as an agent for a court;
or
(6) the certification of worker representatives.
(b) Persons entitled to notice of an agency hearing shall be timely
informed of—
(1) the time, place, and nature of the hearing;
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2574 LEGAL COMPILATION—WATER
(2) the legal authority and jurisdiction under which the hear-
ing is to be held; and
(3) the matters of fact and law asserted.
When private persons are the moving parties, other parties to the
proceeding shall give prompt notice of issues controverted in fact or
law; and in other instances agencies may by rule require responsive
pleading. In fixing the time and place for hearings, due regard shall
be had for the convenience and necessity of the parties or their repre-
sentatives.
(c) The agency shall give all interested parties opportunity for—
(1) the submission and consideration of facts, arguments, of-
fers of settlement, or proposals of adjustment when time, the
nature of the proceeding, and the public interest permit; and
[p. 384]
(2) to the extent that the parties are unable so to determine a
controversy by consent, hearing and decision on notice and in
accordance with sections 556 and 557 of this title.
(d) The employee who presides at the reception of evidence pur-
suant to section 556 of this title shall make the recommended decision
or initial decision required by section 557 of this title, unless he be-
comes unavailable to the agency. Except to the extent required for
the disposition of ex parte matters as authorized by law, such an
employee may not—
(1) consult a person or party on a fact in issue, unless on
notice and opportunity for all parties to participate; or
(2) be responsible to or subject to the supervision or direction
of an employee or agent engaged in the performance of investiga-
tive or prosecuting functions for an agency.
An employee or agent engaged in the performance of investigative
or prosecuting functions for an agency in a case may not, in that or a
factually related case, participate or advise in the decision, recom-
mended decision, or agency review pursuant to section 557 of this
title, except as witness or counsel in public proceedings. This
subsection does not apply—
(A) in determining applications for initial licenses;
(B) to proceedings involving the validity or application of
rates, facilities, or practices of public utilities or carriers; or
(C) to the agency or a member or members of the body com-
prising the agency.
(e) The agency, with like effect as in the case of other orders, and
in its sound discretion, may issue a declaratory order to terminate a
controversy or remove uncertainty.
§555. Ancillary matters
(a) This section applies, according to the provisions thereof, except
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STATUTES AND LEGISLATIVE HISTORY 2575
as otherwise provided by this subchapter.
(b) A person compelled to appear in person before an agency or
representative thereof is entitled to be accompanied, represented, and
advised by counsel or, if permitted by the agency, by other qualified
representative. A party is entitled to appear in person or by or with
counsel or other duly qualified representative in an agency proceed-
ing. So far as the orderly conduct of public business permits, an
interested person may appear before an agency or its responsible
employees for the presentation, adjustment, or determination of an
issue, request, or controversy in a proceeding, whether interlocutory,
summary, or otherwise, or in connection with an agency function.
With due regard for the convenience and necessity of the parties or
their representatives and within a reasonable time, each agency shall
proceed to conclude a matter presented to it. This subsection does
not grant or deny a person who is not a lawyer the right to appear for
or represent others before an agency or in an agency proceeding.
(c) Process, requirement of a report, inspection, or other investi-
gative act or demand may not be issued, made, or enforced except as
authorized by law. A person compelled to submit data or evidence
is entitled to retain or, on payment of lawfully prescribed costs,
procure a copy or transcript thereof, except that in a nonpublic in-
vestigatory proceeding the witness may for good cause be limited to
inspection of the official transcript of his testimony.
(d) Agency subpenas authorized by law shall be issued to a party
on request and, when required by rules of procedure, on a statement
or showing of general relevance and reasonable scope of the evidence
sought. On contest, the court shall sustain the subpena or similar
[p. 385]
process or demand to the extent that it is found to be in accordance
with law. In a proceeding for enforcement, the court shall issue an
order requiring the appearance of the witness or the production of the
evidence or data within a reasonable time under penalty of punish-
ment for contempt in case of contumacious failure to comply.
(e) Prompt notice shall be given of the denial in whole or in part
of a written application, petition, or other request of an interested
person made in connection with any agency proceeding. Except in
affirming a prior denial or when the denial is self-explanatory, the
notice shall be accompanied by a brief statement of the grounds for
denial.
§556. Hearings; presiding employees; powers and duties; burden of
proof; evidence; record as basis of decision
(a) This section applies, according to the provisions thereof, to
hearings required by section 553 or 554 of this title to be conducted in
accordance with this section.
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2576 LEGAL COMPILATION—WATER
(b) There shall preside at the taking of evidence—
(1) the agency;
(2) one or more members of the body which comprises the
agency; or
(3) one or more hearing examiners appointed under section
3105 of this title.
This subchapter does not supersede the conduct of specified classes of
proceedings, in whole or in part, by or before boards or other em-
ployees specially provided for by or designated under statute. The
functions of presiding employees and of employees participating in
decisions in accordance with section 557 of this title shall be conducted
in an impartial manner. A presiding or participating employee may
at any time disqualify himself. On the filing in good faith of a timely
and sufficient affidavit of personal bias or other disqualification of a
presiding or participating employee, the agency shall determine the
matter as a part of the record and decision in the case.
(c) Subject to published rules of the agency and within its powers,
employees presiding at hearings may—
(1) administer oaths and affirmations;
(2) issue subpenas authorized by law;
(3) rule on offers of proof and receive relevant evidence;
(4) take depositions or have depositions taken when the ends
of justice would be served;
(5) regulate the course of the hearing;
(6) hold conferences for the settlement or simplification of the
issues by consent of the parties;
(7) dispose of procedural requests or similar matters;
(8) make or recommend decisions in accordance with section
557 of this title; and
(9) take other action authorized by agency rule consistent
with this subchapter.
(d) Except as otherwise provided by statute, the proponent of a
rule or order has the burden of proof. Any oral or documentary evi-
dence may be received, but the agency as a matter of policy shall
provide for the exclusion of irrelevant, immaterial, or unduly repeti-
tious evidence. A sanction may not be imposed or rule or order is-
sued except on consideration of the whole record or those parts
thereof cited by a party and supported by and in accordance with the
reliable, probative, and substantial evidence. A party is entitled to
present his case or defense by oral or documentary evidence, to sub-
mit rebuttal evidence, and to conduct such cross-examination as may
be required for a full and true disclosure of the facts. In rule making
[p. 386]
or determining claims for money or benefits or applications for initial
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STATUTES AND LEGISLATIVE HISTORY 2577
licenses an agency may, when a party will not be prejudiced thereby,
adopt procedures for the submission of all or part of the evidence in
written form.
(e) The transcript of testimony and exhibits, together with all
papers and requests filed in the proceeding, constitutes the exclusive
record for decision in accordance with section 557 of this title and, on
payment of lawfully prescribed costs, shall be made available to the
parties. When an agency decision rests on official notice of a mate-
rial fact not appearing in the evidence in the record, a party is en-
titled, on timely request, to an opportunity to show the contrary.
§557. Initial decisions; conclusiveness; review by agency; submissions
by parties; contents of decisions; record
(a) This section applies, according to the provisions thereof, when
a hearing is required to be conducted in accordance with section 556
of this title.
(b) When the agency did not preside at the reception of the evi-
dence, the presiding employee or, in cases not subject to section
554 (d) of this title, an employee qualified to preside at hearings pur-
suant to section 556 of this title, shall initially decide the case unless
the agency requires, either in specific cases or by general rule, the en-
tire record to be certified to it for decision. When the presiding em-
ployee makes an initial decision, that decision then becomes the
decision of the agency without further proceedings unless there is an
appeal to, or review on motion of, the agency within time provided
by rule. On appeal from or review of the initial decision, the agency
has all the powers which it would have in making the initial decision
except as it may limit the issues on notice or by rule. When the
agency makes the decision without having presided at the reception
of the evidence, the presiding employee or an employee qualified to
preside at hearings pursuant to section 556 of this title shall first
recommend a decision, except that in rule making or determining
applications for initial licenses—
(1) instead thereof the agency may issue a tentative decision
or one of its responsible employees may recommend a decision; or
(2) this procedure may be omitted in a case in which the
agency finds on the record that due and timely execution of its
functions imperatively and unavoidably so requires.
(c) Before a recommended, initial, or tentative decision, or a deci-
sion on agency review of the decision of subordinate employees, the
parties are entitled to a reasonable opportunity to submit for the con-
sideration of the employees participating in the decisions—
(1) proposed findings and conclusions; or
(2) exceptions to the decisions or recommended decisions of
subordinate employees or to tentative agency decisions; and
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2578 LEGAL COMPILATION—WATER
(3) supporting reasons for the exceptions or proposed findings
or conclusions.
The record shall show the ruling on each finding, conclusion, or excep-
tion presented. All decisions, including initial, recommended, and
tentative decisions, are a part of the record and shall include a state-
ment of—
(A) findings and conclusions, and the reasons or basis therefor,
on all the material issues of fact, law, or discretion presented on
the record; and
(B) the appropriate rule, order, sanction, relief, or denial
thereof.
[p. 387]
§558. Imposition of sanctions; determination of applications for
licenses; suspension, revocation, and expiration of licenses
(a) This section applies, according to the provisions thereof, to the
exercise of a power or authority.
(b) A sanction may not be imposed or a substantive rule or order
issued except within jurisdiction delegated to the agency and as
authorized by law.
(c) When application is made for a license required by law, the
agency, with due regard for the rights and privileges of all the inter-
ested parties or adversely affected persons and within a reasonable
time, shall set and complete proceedings required to be conducted
in accordance with sections 556 and 557 of this title or other proceed-
ings required by law and shall make its decision. Except in cases of
willfulness or those in which public health, interest, or safety requires
otherwise, the withdrawal, suspension, revocation, or annulment of a
license is lawful only if, before the institution of agency proceedings
therefor, the licensee has been given—
(1) notice by the agency in writing of the facts or conduct
which may warrant the action; and
(2) opportunity to demonstrate or achieve compliance with
all lawful requirements.
When the licensee has made timely and sufficient application for a
renewal or a new license in accordance with agency rules, a license
with reference to an activity of a continuing nature does not expire
until the application has been finally determined by the agency.
§559. Effect on other laws; effect of subsequent statute
This subchapter, chapter 7, and sections 1305, 3105, 3344, 4301 (2)
(E), 5362, and 7521, and the provisions of section 5335 (a) (B) of this
title that relate to hearing examiners, do not limit or repeal additional
requirements imposed by statute or otherwise recognized by law.
Except as otherwise required by law, requirements or privileges re-
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STATUTES AND LEGISLATIVE HISTORY 2579
lating to evidence or procedure apply equally to agencies and per-
sons. Each agency is granted the authority necessary to comply with
the requirements of this subchapter through the issuance of rules or
otherwise. Subsequent statute may not be held to supersede or mod-
ify this subchapter, chapter 7, sections 1305, 3105, 3344, 4301 (2) (E),
5362, or 7521, or the provisions of section 5335 (a) (B) of this title that
relate to hearing examiners, except to the extent that it does so
expressly.
[p. 388]
CHAPTER 7—JUDICIAL REVIEW
Sec.
701. Application; definitions.
702. Right of review.
703. Form and venue of proceeding.
704. Actions reviewable.
705. Relief pending review.
706. Scope of review.
§701. Application; definitions
(a) This chapter applies, according to the provisions thereof, ex-
cept to the extent that—
(1) statutes preclude judicial review; or
(2) agency action is committed to agency discretion by law.
(b) For the purpose of this chapter—
(1) "agency" means each authority of the Government of the
United States, whether or not it is within or subject to review
by another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions of
the United States;
(D) the government of the District of Columbia;
(E) agencies composed of representatives of the parties
or of representatives of organizations of the parties to the
disputes determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time of
war or in occupied territory; or
(H) functions conferred by sections 1738, 1739, 1743, and
1744 of title 12; chapter 2 of title 41; or sections 1622, 1884,
1891-1902, and former section 1641 (b) (2), of title 50, ap-
pendix; and
(2) "person", "rule", "order", "license", "sanction", "relief",
and "agency action" have the meanings given them by section 551
of this title.
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2580 LEGAL COMPILATION—WATER
§702. Right of review
A person suffering legal wrong because of agency action, or ad-
versely affected or aggrieved by agency action within the meaning of
a relevant statute, is entitled to judicial review thereof.
§703. Form and venue of proceeding
The form of proceeding for judicial review is the special statutory
review proceeding relevant to the subject matter in a court specified
by statute or, in the absence or inadequacy thereof, any applicable
form of legal action, including actions for declaratory judgments or
writs of prohibitory or mandatory injunction or habeas corpus, in a
court of competent jurisdiction. Except to the extent that prior, ade-
quate, and exclusive opportunity for judicial review is provided by
law, agency action is subject to judicial review in civil or criminal
proceedings for judicial enforcement.
§704. Actions reviewable
Agency action made reviewable by statute and final agency action
for which there is no other adequate remedy in a court are subject to
judicial review. A preliminary, procedural, or intermediate agency
action or ruling not directly reviewable is subject to review on the
[p. 392]
review of the final agency action. Except as otherwise expressly re-
quired by statute, agency action otherwise final is final for the pur-
poses of this section whether or not there has been presented or de-
termined an application for a declaratory order, for any form of re-
consideration, or, unless the agency otherwise requires by rule and
provides that the action meanwhile is inoperative, for an appeal to
superior agency authority.
§705. Relief pending review
When an agency finds that justice so requires, it may postpone the
effective date of action taken by it, pending judicial review. On such
conditions as may be required and to the extent necessary to prevent
irreparable injury, the reviewing court, including the court to which
a case may be taken on appeal from or on application for certiorari or
other writ to a reviewing court, may issue all necessary and appropri-
ate process to postpone the effective date of an agency action or to
preserve status or rights pending conclusion of the review proceed-
ings.
§706. Scope of review
To the extent necessary to decision and when presented, the review-
ing court shall decide all relevant questions of law, interpret constitu-
tional and statutory provisions, and determine the meaning or appli-
cability of the terms of an agency action. The reviewing court shall—
(1) compel agency action unlawfully withheld or unreason-
ably delayed; and
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STATUTES AND LEGISLATIVE HISTORY 2581
(2) hold unlawful and set aside agency action, findings, and
conclusions found to be—
(A) arbitrary, capricious, an abuse of discretion, or other-
wise not in accordance with law;
(B) contrary to constitutional right, power, privilege, or
immunity;
(C) in excess of statutory jurisdiction, authority, or limi-
tations, or short of statutory right;
(D) without observance of procedure required by law;
(E) unsupported by substantial evidence in a case subject
to sections 556 and 557 of this title or otherwise reviewed on
the record of an agency hearing provided by statute; or
(F) unwarranted by the facts to the extent that the facts
are subject to trial de novo by the reviewing court.
In making the foregoing determinations, the court shall review the
whole record or those parts of it cited by a party, and due account
shall be taken of the rule of prejudicial error.
[p. 393]
1.15(a)(l) HOUSE COMMITTEE ON THE JUDICIARY
H.R. REP. No. 901, 89th Cong., 1st Sess. (1965)
TITLE 5, UNITED STATES CODE, "GOVERNMENT
ORGANIZATION AND EMPLOYEES"
AUGUST 31,1965.—Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. WILLIS, from, the Committee on the Judiciary, submitted the
following
REPORT
[To accompany H.R. 10104]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 10104) to enact Title 5, United States Code, "Government Or-
ganization and Employees," codifying the general and permanent
laws relating to the organization of the Government of the United
States and to its civilian officers and employees, having considered
the same, report favorably thereon without amendment and rec-
ommend that the bill do pass.
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2582 LEGAL COMPILATION—WATER
PRELIMINARY STATEMENT
Purpose.—The purpose of this bill is to restate in comprehensive
form, without substantive change, the statutes in effect before July 1,
1965, that relate to Government employees, the organization and
powers of Federal agencies generally, and administrative procedure,
and to enact title 5 of the United States Code. In the revised title 5,
simple language has been substituted for awkward and obsolete terms,
and superseded, executed, and obsolete statutes have been eliminated.
This bill is a part of the program of the Committee on the Judiciary
of the House of Representatives to enact into law all fifty titles of
the United States Code.
[p. 1]
SUBCHAPTER II—ADMINISTRATIVE PROCEDURE
Sec.
551. Definitions.
552. Publication of information, rules, opinions, orders, and public records.
553. Rule making.
554. Adjudications.
555. Ancillary matters.
556. Hearings; presiding employees; powers and duties; burden of proof; evi-
dence; record as basis of decision.
557. Initial decisions; conclusiveness; review by agency; submissions by parties;
contents of decisions; record.
558. Imposition of sanctions; determination of applications for licenses; sus-
pension, revocation, and expiration of licenses.
559. Effect on other laws; effect of subsequent statute.
[p. 10]
SECTION 551
Derivation: United States Code Revised Statutes and Statutes at Large
(1) 5 U.S.C. 1001(a) June 11, 1946, ch. 324, §2(a), 60 Stat.
237.
Aug. 8, 1946, ch. 870, §302, 60 Stat.
918.
Aug. 10, 1946, ch. 951, §601, 60 Stat.
993.
Mar. 31, 1947, ch. 30, §6(a), 61 Stat.
37.
June 30, 1947, ch. 163, §210, 61 Stat.
201.
Mar. 30, 1948, ch. 161, §301, 62 Stat.
99.
(2)-(13) 5 U.S.C. 1001 (less (a)) June 11, 1946, ch. 324, §2, (less (a)),
60 Stat. 237.
In paragraph (1), the sentence "Nothing in this Act shall be con-
strued to repeal delegations of authority as provided by law," is
omitted as surplusage since there is nothing in the Act which could
reasonably be so construed.
-------
STATUTES AND LEGISLATIVE HISTORY 2583
In paragraph (1) (G), the words "or naval" are omitted as included
in "military".
In paragraph (1) (H), the words "functions which by law expire on
the termination of present hostilities, within any fixed period there-
after, or before July 1, 1947" are omitted as executed. Reference to
the "Selective Training and Service Act of 1940" is omitted as that
Act expired Mar. 31, 1947. Reference to the "Sugar Control Exten-
sion Act of 1947" is omitted as that Act expired on Mar. 31, 1948.
References to the "Housing and Rent Act of 1947, as amended" and
the "Veterans' Emergency Housing Act of 1946" have been consoli-
dated as they are related. The reference to section 1641 (b) (2) of
title 50A is retained notwithstanding its repeal by §111 (a) (1) of the
Act of Sept. 21, 1961, Pub. L. 87-256, 75 Stat. 538, since §111 (c) of the
Act provides that a reference in other Acts to a provision of law re-
pealed by §111 (a) shall be considered to be a reference to the appro-
priate provisions of Pub. L. 87-256.
In paragraph (2), the words "of any character" are omitted as
surplusage.
In paragraph (3), the words "and a person or agency admitted by
an agency as a party for limited purposes" are substituted for "but
nothing herein shall be construed to prevent an agency from admitting
any person or agency as a party for limited purposes".
In paragraph (9), a comma is supplied between the words "limita-
tion" and "amendment" to correct an editorial error of omission.
In paragraph (10) (C), the words "of any form" are omitted as
surplusage.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
[p. 11]
SECTION 552
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1002 June 11, 1946, ch. 324, §3, 60 Stat. 238.
In subsection (b) (3), the words "formulated and" are omitted as
surplusage. In the last sentence of subsection (b), the words "in any
manner" are omitted as surplusage since the prohibition is all
inclusive.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 553
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1003 June 11, 1946, ch. 324, §4, 60 Stat. 238.
In subsection (a) (1), the words "or naval" are omitted as included
in "military".
-------
2584 LEGAL COMPILATION—WATER
In subsection (b), the word "when" is substituted for "in any
situation in which".
In subsection (c), the words "for oral presentation" are substituted
for "to present the same orally in any manner". The words "sections
556 and 557 of this title apply instead of this subsection" are sub-
stituted for "the requirements of sections 1006 and 1007 of this title
shall apply in place of the provisions of this subsection".
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 554
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1004 June 11, 1946, ch. 324, §5, 60 Stat. 239.
In subsection (a) (2), the word "employee" is substituted for "of-
ficer or employee of the United States" in view of the definition of
"employee" in section 2105.
In subsection (a) (4), the word "naval" is omitted as included in
"military".
In subsection (a) (5), the word "or" is substituted for "and" since
the exception is applicable if any one of the factors are involved.
In subsection (a) (6), the word "worker" is substituted for "em-
ployee", since the latter is defined in section 2105 as meaning Federal
employees.
In subsection (b), the word "When" is substituted for "In instances
in which".
In subsection (c) (2), the comma after the word "hearing" is
omitted to correct an editorial error.
In subsection (d), the words "the hearing examiner" are substi-
tuted in the first two sentences for "same officers" and "such officers"
in view of the exception contained in paragraph (C) of the last
sentence. The word "officer" is omitted in the third and fourth sen-
tences as included in "employee" as defined in section 2105. The
prohibition in the third and fourth sentences is restated in positive
form. In paragraph (C) of the last sentence, the words "in any man-
ner" are omitted as surplusage.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
[p. 12]
SECTION 703
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009(b) June 11, 1946, ch. 324, §10(b), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
-------
STATUTES AND LEGISLATIVE HISTORY 2585
SECTION 704
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009(c) June 11, 1946, ch. 324, §10(c), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 705
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009(d) June 11, 1946, ch. 324, §10(d), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 706
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009(e) June 11, 1946, ch. 324, §10(e), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
[p. 17]
SECTION 551
Derivation: United States Code Revised Statutes and Statutes at Large
(1) 5 U.S.C. 1001(a) June 11, 1946, ch. 324, §2(a), 60 Stat.
237.
Aug. 8, 1946, ch. 870, §302, 60 Stat.
918.
Aug. 10, 1946, ch. 951, §601, 60 Stat.
993.
Mar. 31, 1947, ch. 30, §6(a), 61 Stat.
37.
June 30, 1947, ch. 163, §210, 61 Stat.
201.
Mar. 30, 1948, ch. 161, §301, 62 Stat.
99.
(2)-(13) 5 U.S.C. 1001 (less (a)) June 11, 1946, ch. 324, §2 (less (a)),
60 Stat. 237.
In paragraph (1), the sentence "Nothing in this Act shall be con-
strued to repeal delegations of authority as provided by law," is
omitted as surplusage since there is nothing in the Act which could
reasonably be so construed.
[p. 27]
In paragraph (1) (G), the words "or naval" are omitted as included
in "military".
In paragraph (1) (H), the words "functions which by law expire on
the termination of present hostilities, within any fixed period there-
-------
2586 LEGAL COMPILATION—WATER
after, or before July 1, 1947" are omitted as executed. Reference to
the "Selective Training and Service Act of 1940" is omitted as that
Act expired Mar. 31, 1947. Reference to the "Sugar Control Exten-
sion Act of 1947" is omitted as that Act expired on Mar. 31, 1948.
References to the "Housing and Rent Act of 1947, as amended" and
the "Veterans' Emergency Housing Act of 1946" have been consoli-
dated as they are related. The reference to former section 1641 (b)
(2) of title 50, appendix, is retained notwithstanding its repeal by
§111 (a) (1) of the Act of Sept. 21, 1961, Pub. L. 87-256, 75 Stat. 538,
since §111 (c) of the Act provides that a reference in other Acts to a
provision of law repealed by §111 (a) shall be considered to be a ref-
erence to the appropriate provisions of Pub. L. 87-256.
In paragraph (2), the words "of any character" are omitted as
surplusage.
In paragraph (3), the words "and a person or agency admitted by
an agency as a party for limited purposes" are substituted for "but
nothing herein shall be construed to prevent an agency from admitting
any person or agency as a party for limited purposes".
In paragraph (9), a comma is supplied between the words "limita-
tion" and "amendment" to correct an editorial error of omission.
In paragraph (10) (C), the words "of any form" are omitted as
surplusage.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 552
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1002 June 11, 1946, ch. 324, §3, 60 Stat. 238.
In subsection (b) (3), the words "formulated and" are omitted as
surplusage. In the last sentence of subsection (b), the words "in any
manner" are omitted as surplusage since the prohibition is all
inclusive.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 553
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1003 June 11, 1946, ch. 324, §4, 60 Stat. 238.
In subsection (a) (1), the words "or naval" are omitted as included
in "military".
In subsection (b), the word "when" is substituted for "in any
situation in which".
In subsection (c), the words "for oral presentation" are substituted
for "to present the same orally in any manner". The words "sections
-------
STATUTES AND LEGISLATIVE HISTORY 2587
556 and 557 of this title apply instead of this subsection" are sub-
stituted for "the requirements of sections 1006 and 1007 of this title
shall apply in place of the provisions of this subsection".
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
[p. 28]
SECTION 554
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1004 June 11, 1946, ch. 324, §5, 60 Stat. 239.
In subsection (a) (2), the word "employee" is substituted for
"officer or employee of the United States" in view of the definition of
"employee" in section 2105.
In subsection (a) (4), the word "naval" is omitted as included in
"military".
In subsection (a) (5), the word "or" is substituted for "and" since
the exception is applicable if any one of the factors are involved.
In subsection (a) (6), the word "worker" is substituted for "em-
ployee", since the latter is defined in section 2105 as meaning Federal
employees.
In subsection (b), the word "When" is substituted for "In instances
in which".
In subsection (c) (2), the comma after the word "hearing" is
omitted to correct an editorial error.
In subsection (d), the words "The employee" and "such an em-
ployee" are substituted in the first two sentences for "The same offi-
cers" and "such officers" in view of the definition of "employee" in
section 2105. The word "officer" is omitted in the third and fourth
sentences as included in "employee" as defined in section 2105. The
prohibition in the third and fourth sentences is restated in positive
form. In paragraph (C) of the last sentence, the words "in any
manner" are omitted as surplusage.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 555
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1005 June 11, 1946, ch. 324, §6, 60 Stat. 240.
In subsection (b), the words "is entitled" are substituted for "shall
be accorded the right". The word "officers" is omitted as included in
"employees" in view of the definition of "employee" in section 2105.
The words "With due regard for the convenience and necessity of the
parties or their representatives and within a reasonable time" are
substituted for "with reasonable dispatch" and "except that due
regard shall be had for the convenience and necessity of the parties
-------
2588 LEGAL COMPILATION—WATER
or their representatives". The prohibition in the last sentence is re-
stated in positive form and the words "This subsection does not" are
substituted for "Nothing herein shall be construed either to".
In subsection (c), the words "in any manner or for any purpose"
are omitted as surplusage.
In subsection (e), the word "brief" is substituted for "simple".
The words "of the grounds for denial" are substituted for "of pro-
cedural or other grounds" for clarity.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
[p. 29]
SECTION 556
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1006 June 11, 1946, ch. 324, §7, 60 Stat. 241.
In subsection (b), the words "hearing examiners" are substituted
for "examiners" in paragraph (3) for clarity. The prohibition in the
second sentence is restated in positive form and the words "This sub-
chapter does not" are substituted for "but nothing in this chapter
shall be deemed to". The words "employee" and "employees" are
substituted for "officer" and "officers" in view of the definition of
"employee" in section 2105. The sentence "A presiding or partici-
pating employee may at any time disqualify himself." is substituted
for the words "Any such officer may at any time withdraw if he deems
himself disqualified."
Standard changes are made to conform with the definitions applic-
able and the style of this title as outlined in the preface to the report.
SECTION 557
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1007 June 11, 1946, ch. 324, §8, 60 Stat. 242.
In subsection (b), the word "employee" is substituted for "officer"
and "officers" in view of the definition of "employee" in section 2105.
The word "either" is added after the word "requires" in the first sen-
tence to eliminate the need for parentheses. The words "the presiding
employee or an employee qualified to preside at hearings under sec-
tion 556 of this title" are substituted for "such officers" in the last
sentence. The word "initial" is omitted before "decision", the final
word in the first sentence and the sixth word of the fourth sentence,
to avoid confusion between the "initial decision" of the presiding em-
ployee and the "initial decision" of the agency.
In subsection (c), the word "employees" is substituted for "officers"
in view of the definition of "employee" in section 2105.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
-------
STATUTES AND LEGISLATIVE HISTORY 2589
SECTION 558
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1008 June 11, 1946, ch. 324, §9, 60 Stat. 242.
In subsection (b), the prohibition is restated in positive form.
In subsection (c), the words "within a reasonable time" are substi-
tuted for "with reasonable dispatch". The last two sentences are
restated for conciseness and clarity and to restate the prohibition in
positive form.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 559
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1011 June 11, 1946, ch. 324, §12, 60 Stat.
244.
In the first and last sentences, the words "This subchapter, chapter
7, and sections 1305, 3105, 3344, 4301 (2) (E), 5362, and 7521, and the
[p. 30]
provisions of section 5335 (a) (B) of this title that relate to hearing
examiners" are substituted for "this Act" to reflect the codification
of the Act in this title. The words "to diminish the constitutional
rights of any person or" are omitted as surplusage as there is nothing
in the Act that can reasonably be construed to diminish those rights
and because a statute may not operate in derogation of the
Constitution.
The third sentence of former section 1011 is omitted as covered by
technical section 7. The sixth sentence of former section 1011 is
omitted as executed.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
[p. 31]
CHAPTER 7—JUDICIAL REVIEW
Sec.
701. Application; definitions.
702. Right of review.
703. Form and venue of proceeding.
704. Actions reviewable.
705. Relief pending review.
706. Scope of review.
SECTION 701
Derivation: United States Code Revised Statutes and Statutes at Large
(a) 5 U.S.C. 1009 (intro- June 11, 1946, ch. 324, §10 (introduc-
ductory clause) tory clause), 60 Stat. 243.
In subsection (a), the words "This chapter applies, according to the
-------
2590 LEGAL COMPILATION—WATER
provisions thereof," are added to avoid the necessity of repeating the
introductory clause of former section 1009 in sections 702-706.
[p. 32]
Subsection (b) is added on authority of section 2 of the Act of June
11, 1946, ch. 324, 60 Stat. 237, as amended, which is carried into sec-
tion 551 of this title.
In subsection (b) (1) (G), the words "or naval" are omitted as in-
cluded in "military".
In subsection (b) (1) (H), the words "functions which by law ex-
pire on the termination of present hostilities, within any fixed period
thereafter, or before July 1,1947" are omitted as executed. Reference
to the "Selective Training and Service Act of 1940" is omitted as that
Act expired on Mar. 31, 1947. Reference to the "Sugar Control Ex-
tension Act of 1947" is omitted as that Act expired on Mar. 31, 1948.
References to the "Housing and Rent Act of 1947, as amended" and
the "Veterans' Emergency Housing Act of 1946" have been con-
solidated as they are related. The reference to former section
1641 (b) (2) of title 50, appendix, is retained notwithstanding its re-
peal by §111 (a) (1) of the Act of Sept. 21, 1961, Pub. L. 87-256, 75
Stat. 538, since §111 (c) of the Act provides that a reference in other
Acts to a provision of law repealed by §111 (a) shall be considered to
be a reference to the appropriate provisions of Pub. L. 87-256.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 702
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009(a) June 11, 1946, ch. 324, §10(a), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 703
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009(b) June 11, 1946, ch. 324, §10(b), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 704
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009(c) June 11, 1946, ch. 324, §10(c), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
-------
STATUTES AND LEGISLATIVE HISTORY
2591
cable and the style of this title as outlined in the preface to the report.
SECTION 705
Derivation: United States Code
5 U.S.C. 1009(d)
Revised Statutes and Statutes at Large
June 11, 1946, ch. 324, §10 (d), 60 Slat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
[p. 33]
1.15a(2) SENATE COMMITTEE ON THE JUDICIARY
S. REP. No. 1380, 89th Cong., 2d Sess. (1966)
TITLE 5, UNITED STATES CODE, "GOVERNMENT
ORGANIZATION AND EMPLOYEES"
JULY 21, 1966.—Ordered to be printed
Mr. ERVIN, from the Committee on the Judiciary, submitted the
following
REPORT
[To accompany H.R. 10104]
The Committee on the Judiciary, to which was referred the bill
(H.R. 10104), to enact title 5, United States Code, "Government Or-
ganization and Employees," codifying the general and permanent
laws relating to the organization of the Government of the United
States and to its civilian officers and employees, having considered
the same, reports favorably thereon, with amendments, and recom-
mends that the bill, H.R. 10104, as amended, do pass.
[p. 1]
SECTION 551
Derivation: United States Code
(1) 5 U.S.C. 1001(a)
Revised Statutes and Statutes at Large
June 11, 1946, ch. 324, §2(a), 60 Stat.
237.
Aug. 8, 1946, ch. 870, §302, 60 Stat.
918.
Aug. 10, 1946, ch. 951, §601, 60 Stat.
993.
Mar. 31, 1947, ch. 30, §6(a), 61 Stat.
37.
-------
2592 LEGAL COMPILATION—WATER
June 30, 1947, ch. 163, §210, 61 Stat.
201.
Mar. 30, 1948, ch. 161, §301, 62 Stat.
99.
(2)-(13) 5U.S.C. 1001 (less (a)) June 11, 1946, ch. 324, §2 (less (a)),
60 Stat. 237.
In paragraph (1), the sentence "Nothing in this Act shall be con-
strued to repeal delegations of authority as provided by law." is
omitted as surplusage since there is nothing in the Act which could
reasonably be so construed.
In paragraph (1) (G), the words "or naval" are omitted as included
in "military".
In paragraph (1) (H), the words "functions which by law expire on
the termination of present hostilities, within any fixed period there-
after, or before July 1, 1947" are omitted as executed. Reference to
the "Selective Training and Service Act of 1940" is omitted as that
Act expired Mar. 31, 1947. Reference to the "Sugar Control Exten-
sion Act of 1947" is omitted as that Act expired on Mar. 31, 1948.
References to the "Housing and Rent Act of 1947, as amended" and
the "Veterans' Emergency Housing Act of 1946" have been consoli-
dated as they are related. The reference to section 1641 (b) (2) of
title 50A is retained notwithstanding its repeal by §111 (a) (1) of the
Act of Sept. 21, 1961, Pub. L. 87-256, 75 Stat. 538, since §111 (c) of the
Act provides that a reference in other Acts to a provision of law re-
pealed by §111 (a) shall be considered to be a reference to the ap-
propriate provisions of Pub. L. 87-256.
In paragraph (2), the words "of any character" are omitted as
surplusage.
In paragraph (3), the words "and a person or agency admitted by
an agency as a party for limited purposes" are substituted for "but
nothing herein shall be construed to prevent an agency from admitting
any person or agency as a party for limited purposes".
In paragraph (9), a comma is supplied between the words "limita-
tion" and "amendment" to correct an editorial error of omission.
In paragraph (10) (C), the words "of any form" are omitted as
surplusage.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
[p. H]
SECTION 552
Derivation • United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1002 June 11, 1946, ch. 324, §3, 60 Stat. 238.
In subsection (b) (3), the words "formulated and" are omitted as
surplusage. In the last sentence of subsection (b), the words "in any
-------
STATUTES AND LEGISLATIVE HISTORY 2593
manner" are omitted as surplusage since the prohibition is all
inclusive.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 553
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1003 June 11, 1946, ch. 324, §4, 60 Stat. 238.
In subsection (a) (1), the words "or naval" are omitted as included
in "military".
In subsection (b), the word "when" is substituted for "in any
situation in which".
In subsection (c), the words "for oral presentation" are substituted
for "to present the same orally in any manner". The words "sections
556 and 557 of this title apply instead of this subsection" are sub-
stituted for "the requirements of sections 1006 and 1007 of this title
shall apply in place of the provisions of this subsection".
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 554
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1004 June 11, 1946, ch. 324, §5, 60 Stat. 239.
In subsection (a) (2), the word "employee" is substituted for "offi-
cer or employee of the United States" in view of the definition of
"employee" in section 2105.
In subsection (a) (4), the word "naval" is omitted as included in
"military".
In subsection (a) (5), the word "or" is substituted for "and" since
the exception is applicable if any one of the factors are involved.
In subsection (a) (6), the word "worker" is substituted for "em-
ployee", since the latter is denned in section 2105 as meaning Federal
employees.
In subsection (b), the word "When" is substituted for "In instances
in which".
In subsection (c) (2), the comma after the word "hearing" is
omitted to correct an editorial error.
In subsection (d), the words "the hearing examiner" are subs-
tituted in the first two sentences for "same officers" and "such officers"
in view of the exception contained in paragraph (C) of the last
sentence. The word "officer" is omitted in the third and fourth sen-
tences as included in "employee" as defined in section 2105. The
prohibition in the third and fourth sentences is restated in positive
form. In paragraph (C) of the last sentence, the words "in any
manner" are omitted as surplusage.
-------
2594 LEGAL COMPILATION—WATER
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
[p. 12]
SECTION 555
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1005 June 11, 1946, ch. 324, §6, 60 Stat. 240.
In subsection (b), the words "is entitled" are substituted for "shall
be accorded the right". The word "officers" is omitted as included in
"employees" in view of the definition of "employee" in section 2105.
The words "With due regard for the convenience and necessity of the
parties or their representatives and within a reasonable time" are
substituted for "with reasonable dispatch" and "except that due re-
gard shall be had for the convenience and necessity of the parties or
their representatives". The prohibition in the last sentence is re-
stated in positive form and the words "This subsection does not" are
substituted for "Nothing herein shall be construed either to".
In subsection (c), the words "in any manner or for any purpose"
are omitted as surplusage.
In subsection (e), the word "brief" is substituted for "simple". The
words "of the grounds for denial" are substituted for "of procedural
or other grounds" for clarity.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 556
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1006 June 11, 1946, ch. 324, §7, 60 Stat. 241.
In subsection (b), the words "hearing examiners" are substituted
for "examiners" in paragraph (3) for clarity. The prohibition in the
second sentence is restated in positive form and the words "This
subchapter does not" are substituted for "but nothing in this chapter
shall be deemed to". The words "employee" and "employees" are
substituted for "officer" and "officers" in view of the definition of
"employee" in section 2105. The sentence "A presiding or partici-
pating employee may at any time disqualify himself." is substituted
for the words "Any such officer may at any time withdraw if he deems
himself disqualified."
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 557
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1007 June 11, 1946, ch. 324, §8, 60 Stat. 242.
In subsection (b), the word "employee" is substituted for "officer"
-------
STATUTES AND LEGISLATIVE HISTORY 2595
and "officers" in view of the definition of "employee" in section 2105.
The word "either" is added after the word "requires" in the first sen-
tence to eliminate the need for parentheses. The words "the presiding
employee or an employee qualified to preside at hearings under sec-
tion 556 of this title" are substituted for "such officers" in the last
sentence. The word "initial" is omitted before "decision", the final
word in the first sentence and the sixth word of the fourth sentence,
to avoid confusion between the "initial decision" of the presiding em-
ployee and the "initial decision" of the agency.
In subsection (c), the word "employees" is substituted for "officers"
in view of the definition of "employee" in section 2105.
[p. 13]
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 558
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1008 June 11, 1946, ch. 324, §9, 60 Stat. 242.
In subsection (b), the prohibition is restated in positive form.
In subsection (c), the words "within a reasonable time" are substi-
tuted for "with reasonable dispatch". The last two sentences are
restated for conciseness and clarity and to restate the prohibition in
positive form.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 559
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1011 June 11, 1946, ch. 324, §12, 60 Stat.
244.
In the first and last sentences, the words "This subchapter, chapter
7, and sections 1305, 3105, 3344, 4301 (2) (E), 5362, and 7521, and the
provisions of section 5335 (a) (B) of this title that relate to hearing
examiners" are substituted for "this Act" to reflect the codification
of the Act in this title. The words "to diminish the constitutional
rights of any person or" are omitted as surplusage as there is nothing
in the Act that can reasonably be construed to diminish those rights
and because a statute may not operate in derogation of the Con-
stitution.
The third sentence of former section 1011 is omitted as covered by
technical section 7. The sixth sentence of former section 1011 is
omitted as executed.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
[p. 14]
-------
2596 LEGAL COMPILATION—WATER
CHAPTER 7—JUDICIAL REVIEW
Sec.
701. Application; definitions.
702. Right of review.
703. Form and venue of proceeding.
704. Actions reviewable.
705. Relief pending review.
706. Scope of review.
SECTION 701
Derivation: United States Code Revised Statutes and Statutes at Large
(a) 5 U.S.C. 1009 (intro- June 11, 1946, ch. 324, §10 (introduc-
ductory clause) tory clause), 60 Stat. 243.
In subsection (a), the words "This chapter applies, according to the
provisions thereof," are added to avoid the necessity of repeating the
introductory clause of former section 1009 in sections 702-706.
Subsection (b) is added on authority of section 2 of the Act of June
11, 1946, ch. 324, 60 Stat. 237, as amended, which is carried into section
551 of this title.
In subsection (b) (1) (G), the words "or naval" are omitted as in-
cluded in "military".
In subsection (b) (1) (H), the words "functions which by law ex-
pire on the termination of present hostilities, within any fixed period
thereafter, or before July 1,1947" are omitted as executed. Reference
to the "Selective Training and Service Act of 1940" is omitted as that
Act expired on Mar. 31, 1947. Reference to the "Sugar Control Ex-
tension Act of 1947" is omitted as that Act expired on Mar. 31, 1948.
References to the "Housing and Rent Act of 1947, as amended" and
the "Veterans' Emergency Housing Act of 1946" have been consoli-
dated as they are related. The reference to section 1641 (b) (2) of title
50A is retained notwithstanding its repeal by §111 (a) (1) of the Act of
Sept. 21, 1961, Pub. L. 87-256, 75 Stat. 538, since §111 (c) of the Act
provides that a reference in other Acts to a provision of law repealed
by §111 (a) shall be considered to be a reference to the appropriate
provisions of Pub. L. 87-256.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 702
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009(a) June 11, 1946, ch. 324, §10(a), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-,
cable and the style of this title as outlined in the preface to the report.
[p. 16]
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STATUTES AND LEGISLATIVE HISTORY 2597
SECTION 703
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009(b) June 11, 1946, ch. 324, §10 (b), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 704
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009 (c) June 11, 1946, ch. 324, §10(c), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 705
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009(d) June 11, 1946, ch. 324, §10(d), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 706
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009(e) June 11, 1946, ch. 324, §10(e), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
[p. 17]
SUBCHAPTER II—ADMINISTRATIVE PROCEDURE
Sec.
551. Definitions.
552. Publication of information, rules, opinions, orders, and public records.
553. Rule making.
554. Adjudications.
555. Ancillary matters.
556. Hearings; presiding employees; powers and duties; burden of proof; evidence;
record as basis of decision.
557. Initial decisions; conclusiveness; review by agency; submissions by parties;
contents of decisions; record.
558. Imposition of sanctions; determination of applications for licenses; suspen-
sion, revocation, and expiration of licenses.
559. Effect on other laws; effect of subsequent statute.
[p. 26]
SECTION 551
Derivation: United States Code Revised Statutes and Statutes at Large
(1) 5 U.S.C. 1001(a) June 11, 1946, ch. 324, §2(a), 60 Stat.
237.
-------
2598 LEGAL COMPILATION—WATER
Aug. 8, 1946, ch. 870, §302, 60 Stat.
918.
Aug. 10, 1946, ch. 951, §601, 60 Stat.
993.
Mar. 31, 1947, ch. 30, §6(a), 61 Stat.
37.
June 30, 1947, ch. 163, §210, 61 Stat.
201.
Mar. 30, 1948, ch. 161, §301, 62 Stat.
99.
(2)-(13) 5 U.S.C. 1001 (less (a)) June 11, 1946, ch. 324, §2 (less (a)),
60 Stat. 237.
In paragraph (1), the sentence "Nothing in this Act shall be con-
strued to repeal delegations of authority as provided by law." is
omitted as surplusage since there is nothing in the Act which could
reasonably be so construed.
[p. 27]
In paragraph (1) (G), the words "or naval" are omitted as included
in "military".
In paragraph (1) (H), the words "functions which by law expire on
the termination of present hostilities, within any fixed period there-
after, or before July 1, 1947" are omitted as executed. Reference to
the "Selective Training and Service Act of 1940" is omitted' as that
Act expired Mar. 31, 1947. Reference to the "Sugar Control Exten-
sion Act of 1947" is omitted as that Act expired on Mar. 31, 1948.
References to the "Housing and Rent Act of 1947, as amended" and
the "Veterans' Emergency Housing Act of 1946" have been consoli-
dated as they are related. The reference to former section 1641 (b)
(2) of title 50, appendix, is retained notwithstanding its repeal by
§111 (a) (1) of the Act of Sept. 21, 1961, Pub. L. 87-256, 75 Stat. 538,
since §111 (c) of the Act provides that a reference in other Acts to a
provision of law repealed by § 111 (a) shall be considered to be a
reference to the appropriate provisions of Pub. L. 87-256.
In paragraph (2), the words "of any character" are omitted as
surplusage.
In paragraph (3), the words "and a person or agency admitted by
an agency as a party for limited purposes" are substituted for "but
nothing herein shall be construed to prevent an agency from admitting
any person or agency as a party for limited purposes".
In paragraph (9), a comma is supplied between the words "limita-
tion" and "amendment" to correct an editorial error of omission.
In paragraph (10) (C), the words "of any form" are omitted as
surplusage.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
-------
STATUTES AND LEGISLATIVE HISTORY 2599
SECTION 552
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1002 June 11, 1946, ch. 324, §3, 60 Stat. 238.
In subsection (b) (3), the words "formulated and" are omitted as
surplusage. In the last sentence of subsection (b), the words "in any
manner" are omitted as surplusage since the prohibition is all
inclusive.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 553
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1003 June 11, 1946, ch. 324, §4, 60 Stat. 238.
In subsection (a) (1), the words "or naval" are omitted as included
in "military".
In subsection (b), the word "when" is substituted for "in any
situation in which".
In subsection (c), the words "for oral presentation" are substituted
for "to present the same orally in any manner". The words "sections
556 and 557 of this title apply instead of this subsection" are sub-
stituted for "the requirements of sections 1006 and 1007 of this title
shall apply in place of the provisions of this subsection".
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
[p. 28]
SECTION 702
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009(a) June 11, 1946, ch. 324, §10(a), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 703
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009(b) June 11, 1946, ch. 324, §10(b), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
SECTION 704
Derivation: United States Code Revised Statutes and Statutes at Large
5 U.S.C. 1009(c) June 11, 1946, ch. 324, §10(c), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
-------
2600
LEGAL COMPILATION—WATER
cable and the style of this title as outlined in the preface to the report.
SECTION 705
Derivation: United States Code
5 U.S.C. 1009(d)
Revised Statutes and Statutes at Large
June 11, 1946, ch. 324, §10(d), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
[p. 33]
SECTION 706
Derivation: United States Code
5 U.S.C. 1009(e)
Revised Statutes and Statutes at Large
June 11, 1946, ch. 324, §10(e), 60 Stat.
243.
Standard changes are made to conform with the definitions appli-
cable and the style of this title as outlined in the preface to the report.
[p. 34]
1.15a(3) CONGRESSIONAL RECORD
1.15a(3)(a) Vol. 112 (1965), Sept. 7: Passed House, p. 22954
[No Relevant Discussion on Pertinent Section]
1.15a(3)(b) Vol. 113 (1966), July 25: Amended and passed Senate,
p. 17010
[No Relevant Discussion on Pertinent Section]
1.15a(3)(c) Vol. 113 (1966), Aug. 11: House concurs in Senate
amendments, p. 19077
Mr. TUCK (interrupting the reading).
Mr. Speaker, I ask unanimous consent
that further reading of the Senate
amendments be dispensed with, and that
they be printed in the RECORD.
The SPEAKER. Is there objection to
the request of the gentleman from Vir-
ginia?
There was no objection.
The SPEAKER. Is there objection to
the request of the gentleman from Vir-
ginia?
Mr. POFF. Mr. Speaker, reserving the
right to object—and I shall not object—
may I inquire of my distinguished col-
league from Virginia whether any of the
amendments made in the other body
affect the substance of the title?
Mr. TUCK. Mr. Speaker, if the gen-
tleman will yield, the amendments do
not affect the substance of the title.
They are only clerical amendments, and
do not make any change in substantive
law.
The original bill passed this body
unanimously. It passed the Senate
unanimously. The amendments were
adopted by the Senate unanimously.
Mr. POFF. Mr. Speaker, I thank my
j and withdraw my reservation.
-------
STATUTES AND LEGISLATIVE HISTORY
2601
The SPEAKER. Is there objection to
the request of the gentleman from Vir-
ginia?
There was no objection.
The Senate amendments were con-
curred in.
A motion to reconsider was laid on the
table.
[p. 19077]
1.15b TO AMEND SECTION 552 OF TITLE 5, UNITED STATES
CODE
June 5,1967, P.L. 90-23, §1, 81 Stat 54
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled. That section 552 of
title 5, United States Code, is amended to read:
"§552. Public information; agency rules, opinions, orders, records,
and proceedings
"(a) Each agency shall make available to the public information
as follows:
" (1) Each agency shall separately state and currently publish in
the Federal Register for the guidance of the public—
" (A) descriptions of its central and field organization and the
established places at which, the employees (and in the case of a
uniformed service, the members) from whom, and the methods
whereby, the public may obtain information, make submittals or
requests, or obtain decisions;
"(B) statements of the general course and method by which
its functions are channeled and determined, including the nature
and requirements of all formal and informal procedures available;
" (C) rules of procedure, descriptions of forms available or the
places at which forms may be obtained, and instructions as to the
scope and contents of all papers, reports, or examinations;
" (D) substantive rules of general applicability adopted as
authorized by law, and statements of general policy or interpreta-
tions of general applicability formulated and adopted by the
agency; and
" (E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely notice of the
terms thereof, a person may not in any manner be required to resort
to, or be adversely affected by, a matter required to be published in
the Federal Register and not so published. For the purpose of this
paragraph, matter reasonably available to the class of persons affected
thereby is deemed published in the Federal Register when incor-
porated by reference therein with the approval of the Director of the
Federal Register.
-------
2602 LEGAL COMPILATION—WATER
" (2) Each agency, in accordance with published rules, shall make
available for public inspection and copying—
" (A) final opinions, including concurring and dissenting opin-
ions, as well as orders, made in the adjudication of cases;
" (B) those statements of policy and interpretations which
have been adopted by the agency and are not published in the
Federal Register; and
" (C) administrative staff manuals and instructions to staff
that affect a member of the public;
unless the materials are promptly published and copies offered for
sale. To the extent required to prevent a clearly unwarranted in-
vasion of personal privacy, an agency may delete identifying details
when it makes available or publishes an opinion, statement of policy,
interpretation, or staff manual or instruction. However, in each case
the justification for the deletion shall be explained fully in writing.
Each agency also shall maintain and make available for public inspec-
tion and copying a current index providing identifying information
for the public as to any matter issued, adopted, or promulgated after
July 4, 1967, and required by this paragraph to be made available or
published. A final order, opinion, statement of policy, interpretation,
[p. 54]
or staff manual or instruction that affects a member of the public may
be relied on, used, or cited as precedent by an agency against a party
other than an agency only if—
"(i) it has been indexed and either made available or pub-
lished as provided by this paragraph; or
" (ii) the party has actual and timely notice of the terms
thereof.
" (3) Except with respect to the records made available under para-
graphs (1) and (2) of this subsection, each agency, on request for
identifiable records made in accordance with published rules stating
the time, place, fees to the extent authorized by statute, and procedure
to be followed, shall make the records promptly available to any per-
son. On complaint, the district court of the United States in the
district in which the complainant resides, or has his principal place of
business, or in which the agency records are situated, has jurisdiction
to enjoin the agency from withholding agency records and to order
the production of any agency records improperly withheld from the
complainant. In such a case the court shall determine the matter de
novo and the burden is on the agency to sustain its action. In the
event of noncompliance with the order of the court, the district court
may punish for contempt the responsible employee, and in the case
of a uniformed service, the responsible member. Except as to causes
-------
STATUTES AND LEGISLATIVE HISTORY 2603
the court considers of greater importance, proceedings before the
district court, as authorized by this paragraph, take precedence on
the docket over all other causes and shall be assigned for hearing
and trial at the earliest practicable date and expedited in every way.
"(4) Each agency having more than one member shall maintain
and make available for public inspection a record of the final votes
of each member in every agency proceeding.
" (b) This section does not apply to matters that are—
"(1) specifically required by Executive order to be kept secret
in the interest of the national defense or foreign policy;
"(2) related solely to the internal personnel rules and practices
of an agency;
" (3) specifically exempted from disclosure by statute;
"(4) trade secrets and commercial or financial information
obtained from a person and privileged or confidential;
"(5) inter-agency or intra-agency memorandums or letters
which would not be available by law to a party other than an
agency in litigation with the agency;
"(6) personnel and medical files and similar files the disclosure
of which would constitute a clearly unwarranted invasion of per-
sonal privacy;
" (7) investigatory files compiled for law enforcement purposes
except to the extent available by law to a party other than an
agency;
" (8) contained in or related to examination, operating, or
condition reports prepared by, on behalf of, or for the use of an
agency responsible for the regulation or supervision of financial
institutions; or
"(9) geological and geophysical information and data, includ-
ing maps, concerning wells.
"(c) This section does not authorize withholding of information
or limit the availability of records to the public, except as specifically
stated in this section. This section is not authority to withhold in-
formation from Congress."
[p. 55]
-------
2604 LEGAL COMPILATION—WATER
1.15b(l) HOUSE COMMITTEE ON THE JUDICIARY
H.R. REP. No. 125, 90th Cong., 1st Sess. (1967)
CODIFICATION OF PUBLIC LAW 89-487
MARCH 14,1967.—Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed.
Mr. WILLIS, from the Committee on the Judiciary, submitted the
following
REPORT
[To accompany H.R. 5357]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 5357) to amend section 552 of title 5, United States Code, to
codify the provisions of Public Law 89-487, having considered the
same, report favorably thereon without amendment and recommend
that the bill do pass.
PURPOSE
The purpose of this bill is to incorporate into title 5 of the United
States Code, without substantive change, the provisions of Public
Law 89-487, which was enacted subsequent to the passage of title 5
by the House of Representatives.
Title 5, enacted by Public Law 89-554, contained the Administrative
Procedure Act as amended through June 30, 1965. The amendment
to that act by Public Law 89-487 becomes effective July 4, 1967, but
was not drafted as an amendment to title 5.
SECTION ANALYSIS
SECTION 1
Section 1 amends section 552 of title 5, United States Code, to
reflect Public Law 89-487.
The words "Every agency shall make available to the public the
following information" are omitted as redundant as to subsections
(a)-(d) in view of the provisions contained therein, and as inappli-
cable to subsections (e) and (f).
[p. 1]
-------
STATUTES AND LEGISLATIVE HISTORY 2605
In subsections (a) (1) and (c), the word "employees" is substituted
for "officers" to conform with the definition of "employee" in 5 U.S.C.
2105.
In the last sentence of subsection (b), the words "A final order
* * * may be relied on * * * only if" are substituted for "No final
order * * * may be relied upon * * * unless"; and the words "a
party other than an agency" and "the party" are substituted for "a
private party" and "the private party", respectively, on authority of
the definition of "private party" in 5 App. U.S.C. 1002 (g).
In subsection (d), the words "shall maintain and make available
for public inspection a record" are substituted for "shall keep a
record * * * and that record shall be available for public inspection".
In subsection (e)(5) and (7), the words "a party other than an
agency" are substituted for "a private party" on authority of the
definition of "private party" in 5 App. U.S.C. 1002(g).
In subsection (f), the words, "This section does not authorize" and
"This section is not authority" are substituted for "Nothing in this
section authorizes" and "nor shall this section be authority", respec-
tively.
5 App. U.S.C. 1002(g), defining "private party" to mean a party
other than an agency, is omitted since the words, "party other than an
agency" are substituted for the words "private party" wherever
they appear in revised 5 U.S.C. 552.
5 App. U.S.C. 1002 (h), prescribing the effective date, is omitted
as unnecessary. That effective date is prescribed by section 4 of this
bill.
SECTION 2
Section 2 amends the analysis of chapter 5 of title 5, United States
Code, to reflect the change in the catchline for section 552 of title 5.
SECTION 3
Section 3 repeals the act of July 4, 1966, Public Law 89-487 (80
Stat. 250)
SECTION 4
Section 4 prescribes the effective date of the bill as July 4, 1967,
or the date of enactment of the bill, whichever is later. This con-
forms with the effective date of Public Law 89-487 which is repealed
by this bill.
[p. 2]
-------
2606
LEGAL COMPILATION—WATER
COMPLIANCE WITH RAMSEYER RULE
In compliance with paragraph 3 of rule XIII of the Rules of the
House of Representatives, changes in existing law are shown below:
EXISTING LAW
(Sec. 3 of Administrative Procedure Act,
as amended by Public Law 89-487)
SEC. 3. Every agency shall make
available to the public the following
information:
(a) PUBLICATION IN THE FEDERAL REG-
ISTER.—Every agency shall separately
state and currently publish in the Fed-
eral Register for the guidance of the
public (A) descriptions of its central and
field organization and the established
places at which, the officers from whom,
and the methods whereby, the public
may secure information, make submit-
tals or requests, or obtain decisions;
(B) statements of the general course
and method by which its functions are
channeled and determined, including the
nature and requirements of all formal
and informal procedures available; (C)
rules of procedure, descriptions of forms
available or the places at which forms
may be obtained, and instructions as to
the scope and contents of all papers, re-
ports, or examinations; (D) substantive
rules of general applicability adopted as
authorized by law, and statements of
general policy or interpretations of
general applicability formulated and
adopted by the agency; and (E) every
amendment, revision, or repeal of the
foregoing. Except to the extent that a
person has actual and timely notice of
the terms thereof, no person
[p. 3]
shall in any manner be required to re-
sort to, or be adversely affected by any
matter required to be published in the
Federal Register and not so published.
For purposes of this subsection, matter
which is reasonably available to the class
of persons affected thereby shall be
deemed published in the Federal Reg-
ister when incorporated by reference
therein with the approval of the Director
of the Federal Register.
NEW TEXT
(Sec. 552 of title 5, United States Code)
§552. Public information; agency rules,
opinions, orders, records, and pro-
ceedings
(a) Each agency shall separately state
and currently publish in the Federal
Register for the guidance of the public—
(1) descriptions of its central and
field organization and the established
places at which, the employees from
whom, and the methods whereby,
the public may obtain information,
make submittals or requests, or ob-
tain decisions;
(2) statements of the general
course and method by which its
functions are channeled and deter-
mined, including the nature and re-
quirements of all formal and infor-
mal procedures available;
(3) rules of procedure, descrip-
tions of forms available or the places
at which forms may be obtained, and
instructions as to the scope and con-
tents of all papers, reports, or exam-
inations;
[p. 3]
-------
STATUTES AND LEGISLATIVE HISTORY
2607
EXISTING LAW
(b) AGENCY OPINIONS AND ORDERS.—
Every agency shall, in accordnace with
published rules, make available for pub-
lic inspection and copying (A) all final
opinions (including concurring and dis-
senting opinions) and all orders made in
the adjudication of cases, (B) those state-
[p. 4]
ments of policy and interpretations
which have been adopted by the agency
and are not published in the Federal
Register, and (C) administrative staff
manuals and instructions to staff that
affect any member of the public, unless
such materials are promptly published
and copies offered for sale. To the extent
required to prevent a clearly unwar-
ranted invasion of personal privacy, an
agency may delete identifying details
when it makes available or publishes an
opinion, statement of policy, interpre-
tation, or staff manual or instruction:
Provided, That in every case the justifi-
cation for the deletion must be fully
explained in writing. Every agency also
shall maintain and make available for
public inspection and copying a current
NEW TEXT
(4) substantive rules of general
applicability adopted as authorized
by law, and statements of general
policy or interpretations of general
applicability formulated and adopted
by the agency; and
(5) each amendment, revision, or
repeal of the foregoing.
Except to the extent that a person has
actual and timely notice of the terms
thereof, a person may not in any manner
be required to resort to, or be adversely
affected by, a matter required to be pub-
lished in the Federal Register and not
so published. For the purpose of this
subsection, matter reasonably available
to the class of persons affected thereby is
deemed published in the Federal Regis-
ter when incorporated by reference
therein with the approval of the Director
of the Federal Register.
(b) Each agency, in accordance with
published rules, shall make available for
public inspection and copying—
(1) final opinions, including con-
curring and dissenting opinions, as
well as orders, made in the adjudica-
tion of cases;
[p-4]
(2) those statements of policy and
interpretations which have been
adopted by the agency and are not
published in the Federal Register;
and
(3) administrative staff manuals
and instructions to staff that affect a
member of the public;
-------
2608
LEGAL COMPILATION—WATER
EXISTING LAW
index providing identifying information
for the public as to any matter which is
issued, adopted, or promulgated after the
effective date of this Act and which is
required by this subsection to be made
available or published. No final order,
opinion, statement of policy, interpreta-
tion, or staff manual or instruction that
affects any member of the public may be
relied upon, used or cited as precedent
by an agency against any private party
unless it has been indexed and either
made available or published as provided
by this subsection or unless that private
party shall have actual and timely notice
of the terms thereof.
[p. 5]
NEW TEXT
unless the materials are promptly pub-
lished and copies offered for sale. To the
extent required to prevent a clearly un-
warranted invasion of personal privacy
an agency may delete identifying details
when it makes available or publishes an
opinion, statement of policy, interpreta-
tion, or staff manual or instruction.
However, in each case the justification
for the deletion shall be explained fully
[p. 5]
in writing. Each agency also shall main-
tain and make available for public in-
spection and copying a current index
providing identifying information for
the public as to any matter issued,
adopted, or promulgated after July 4,
1967, and required by this subsection
to be made available or published. A
final order, opinion, statement of policy,
interpretation, or staff manual or in-
struction that affects a member of the
public may be relied on, used, or cited as
precedent by an agency against a party
other than an agency only if—
(A) It has been indexed and
either made available or published
as provided by this subsection; or
(B) the party has actual and
timely notice of the terms thereof.
-------
STATUTES AND LEGISLATIVE HISTORY
2609
EXISTING LAW
(c) AGENCY RECORDS—Except with re-
spect to the records made available pur-
suant to subsections (a) and (b), every
agency shall, upon request for identi-
fiable records made in accordance with
published rules stating the time, place,
fees to the extent authorized by statute
and procedure to be followed, make such
records promptly available to any per-
son. Upon complaint, the district court
of the United States in the district in
which the complainant resides, or has his
principal place of business, or in which
the agency records are situated shall
have jurisdiction to enjoin the agency
from the withholding of agency records
and to order the production of any
agency records improperly withheld
from the complainant. In such cases the
court shall determine the matter de novo
and the burden shall be upon the agency
to sustain its action. In the event of non-
compliance with the court's order, the
[p. 6]
district court may punish the respon-
sible officers for contempt. Except as to
those causes which the court deems of
greater importance, proceedings before
the district court as authorized by this
subsection shall take precedence on the
docket over all other causes and shall be
assigned for hearing and trial at the
earliest piacticable date and expedited
in every way.
(d) AGENCY PROCEEDINGS.—Every agen-
cy having more than one member shall
keep a record of the final votes of each
member in every agency proceeding and
such record shall be available for public
inspection.
(e) EXEMPTIONS.—The provisions of
this section shall not be applicable to
matters that are (1) specifically required
by Executive order to be kept secret in
the interest of the national defense or
foreign policy; (2) related solely to the
internal personnel rules and practices of
any agency; (3) specifically exempted
from disclosure by statute; (4) trade
secrets and commercial or financial in-
(c) Except with respect to the records
made available under subsections (a)
and (b) of this section, each agency, on
request for identifiable records made in
accordance with published rules stating
the time, place, fees to the extent author-
ized by statute, and procedure to be fol-
lowed, shall make the records promptly
available to any person. On complaint,
the district court of the United States in
the district in which the complainant
resides, or has his principal place of
business, or in which the agency records
are situated, has jurisdiction to enjoin
the agency from withholding agency rec-
ords and to order the production of any
agency records improperly withheld
from the complainant. In such a case
the court shall determine the matter de
novo and the burden is on the agency to
sustain its action. In the event of non-
compliance with the order of the court,
the district court may punish the respon-
sible employees
[p. 6]
for contempt. Except as to causes the
court considers of greater importance,
proceedings before the district court, as
authorized by this subsection, take pre-
cedence on the docket over all other
causes and shall be assigned for hearing
and trial at the earliest practicable date
and expedited in every way.
(d) Each agency having more than
one member shall maintain and make
available for public inspection a record
of the final votes of each member in
every agency proceeding.
(e) This section does not apply to
matters that are—•
(1) specifically required by Ex-
ecutive order to be kept secret in the
interest of the national defense or
foreign policy;
(2) related solely to the internal
personnel rules and practices of an
agency;
(3) specifically exempted from
disclosure by statute;
(4) trade secrets and commercial
-------
2610
LEGAL COMPILATION—WATER
EXISTING LAW
formation obtained from any person and
privileged or confidential; (5) inter-
agency or intra-agency memorandums
or letters which would not be available
by law to a private party in litigation
with the agency; (6) personnel and
medical files and similar files the dis-
closure of which would constitute a
clearly unwarranted invasion of personal
privacy; (7) investigatory files compiled
for law enforcement purposes except to
the extent available by law to a private
party; (8) contained in or related to
examination, operating, or condition re-
ports prepared by, on behalf of, or for
the use of any agency responsible for
the regulation or supervision of financial
institutions; and (9) geological and geo-
[P-7]
physical information and data (includ-
ing maps) concerning wells.
(f) LIMITATION OF EXEMPTIONS.—Noth-
ing in this section authorizes withholding
of information or limiting the availability
of records to the public except as speci-
fically stated in this section, nor shall this
section be authority to withhold infor-
mation from Congress.
NEW TEXT
or financial information obtained
from a person and privileged or
confidential;
[p. 7]
(5) inter-agency or intra-agency
memorandums or letters which
would not be available by law to a
party other than an agency in litiga-
tion with the agency;
(6) personnel and medical files
and similar files the disclosure of
which would constitute a clearly
unwarranted invasion of personal
privacy;
(7) investigatory files compiled
for law enforcement purposes except
to the extent available by law to a
party other than an agency;
(8) contained in or related to ex-
amination, operating, or condition
reports prepared by, on behalf of, or
for the use of an agency responsible
for the regulation or supervision of
financial institutions; or
(9) geological and geophysical in-
formation and data, including maps,
concerning wells.
(f) This section does not authorize
withholding of information or limit the
availability of records to the public, ex-
cept as specifically stated in this section.
This section is not authority to withhold
information from Congress.
[p. 8]
-------
STATUTES AND LEGISLATIVE HISTORY 2611
(g) PRIVATE PARTY.—As used in this
section, "private party" means any party
other than an agency.
(h) EFFECTIVE DATE.—This amendment
shall become effective one year following
the date of the enactment of this Act.
[p. 8]
1.15b(2) SENATE COMMITTEE ON THE JUDICIARY
S. REP. No. 248, 90th Cong., 1st Sess. (1967)
AMENDING SECTION 552 OF TITLE 5,
UNITED STATES CODE
MAY 17, 1967.—Ordered to be printed
Mr. ERVIN, from the Committee on the Judiciary, submitted the
following
REPORT
[To accompany H.R. 5357]
The Committee on the Judiciary, to which was referred the bill
(H.R. 5357), an act to amend section 552 of title 5, United States
Code, to codify the provisions of Public Law 89-487, having con-
sidered the same, reports favorably thereon, with amendments, and
recommends that the bill as amended do pass.
AMENDMENTS
(1) Page 1, commencing with line 7, strike out down to and includ-
ing line 8 on page 5, and insert in lieu thereof:
(a) Each agency shall make available to the public information
as follows:
(1) Each agency shall separately state and currently pub-
-------
2612 LEGAL COMPILATION—WATER
lish in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization
and the established places at which, the employees (and
in the case of a uniformed service, the members) from
whom, and the methods whereby, the public may obtain
information, make submittals or requests, or obtain
decisions;
(B) statements of the general course and method by
which its functions are channeled and determined, in-
cluding the nature and requirements of all formal and
informal procedures available;
[p. 1]
(C) rules of procedure, descriptions of forms available
or the places at which forms may be obtained, and in-
structions as to the scope and contents of all papers,
reports, or examinations;
(D) substantive rules of general applicability adopted
as authorized by law, and statements of general policy
or interpretations of general applicability formulated and
adopted by the agency; and
(E) each amendment, revision, or repeal of the fore-
going.
Except to the extent that a person has actual and timely
notice of the terms thereof, a person may not in any manner
be required to resort to, or be adversely affected by, a matter
required to be published in the Federal Register and not so
published. For the purpose of this paragraph, matter reason-
ably available to the class of persons affected thereby is
deemed published in the Federal Register when incorporated
by reference therein with the approval of the Director of the
Federal Register.
(2) Each agency, in accordance with published rules, shall
make available for public inspection and copying—
(A) final opinions, including concurring and dissent-
ing opinions, as well as orders, made in the adjudication
of cases;
(B) those statements of policy and interpretations
which have been adopted by the agency and are not
published in the Federal Register; and
(C) administrative staff manuals and instructions to
staff that affect a member of the public;
unless the materials are promptly published and copies of-
fered for sale. To the extent required to prevent a clearly
unwarranted invasion of personal privacy, an agency may
-------
STATUTES AND LEGISLATIVE HISTORY 2613
delete identifying details when it makes available or pub-
lishes an opinion, statement of policy, interpretation, or staff
manual or instruction. However, in each case the justifica-
tion for the deletion shall be explained fully in writing.
Each agency also shall maintain and make available for pub-
lic inspection and copying a current index providing identi-
fying information for the public as to any matter issued,
adopted, or promulgated after July 4, 1967, and required by
this paragraph to be made available or published. A final
order, opinion, statement of policy, interpretation, or staff
manual or instruction that affects a member of the public
may be relied on, used, or cited as precedent by an agency
against a party other than an agency only if—
(i) it has been indexed and either made available or
published as provided by this paragraph; or
(ii) the party has actual and timely notice of the
terms thereof.
(3) Except with respect to the records made available
under paragraphs (1) and (2) of this subsection, each
agency, on request for identifiable records made in accord-
ance with published rules stating the time, place, fees to the
extent authorized by statute, and procedure to be followed,
[p. 21
shall make the records promptly available to any person. On
complaint, the district court of the United States in the dis-
trict in which the complainant resides, or has his principal
place of business, or in which the agency records are situated,
has jurisdiction to enjoin the agency from withholding agency
records and to order the production of any agency records
improperly withheld from the complainant. In such a case
the court shall determine the matter de novo and the burden
is on the agency to sustain its action. In the event of non-
compliance with the order of the court, the district court
may punish for contempt the responsible employee, and in
the case of a uniformed service, the responsible member.
Except as to causes the court considers of greater importance,
proceedings before the district court, as authorized by this
paragraph, take precedence on the docket over all other
causes and shall be assigned for hearing and trial at the
earliest practicable date and expedited in every way.
(4) Each agency having more than one member shall
maintain and make available for public inspection a record
of the final votes of each member in every agency proceeding.
-------
2614 LEGAL COMPILATION—WATER
(2) Page 5, line 9, strike out "(e)" and insert in lieu thereof "(b)".
(3) Page 6, line 10, strike out "(f)" and insert in lieu thereof "(c)".
EXPLANATION OF AMENDMENTS
Amendment (1). This amends section 1 of the bill by combining
subsections (a)-(d) into a single subsection (a) that contains the in-
troductory clause now appearing in the source statute (Public Law
89-487). Subsections (a)-(d) are restated in the new subsection (a)
as paragraphs (l)-(4). Specific reference to members of the uni-
formed services are included in paragraphs (1) (A) and (3) so as to
retain the coverage of the source statute. Aside from clerical changes
to reflect the new arrangement, no other changes in wording are made.
Amendments (2) and (3). These amend section 1 of the bill by
redesignating subsections (e) and (f) as subsections (b) and (c), re-
spectively, and are made to conform with the changes made by
amendment (1).
PURPOSE OF THE BILL
The purpose of this bill is to incorporate into title 5 of the United
States Code, without substantive change, the provisions of Public
Law 89-487, which was enacted subsequent to the passage of title 5
by the House of Representatives.
Title 5, enacted by Public Law 89-554, contained the Administrative
"Procedure Act as amended through June 30, 1965. The amendment
to that act by Public Law 89-487 becomes effective July 4, 1967, but
was not drafted as an amendment to title 5.
[p. 3]
SECTION ANALYSIS
SECTION 1
Section 1 amends section 552 of title 5, United States Code, to
reflect Public Law 89-487.
In subsection (a) (1) (A), the words "employees (and in the case of
a uniformed service, the member)" are substituted for "officer" to
retain the coverage of Public Law 89-487 and to conform to the defi-
nitions in 5 U.S.C. 2101, 2104, and 2105.
In the last sentence of subsection (a) (2), the words "A final order
* * * may be relied on * * * only if" are substituted for "No final
order * * * may be relied upon * * * unless"; and the words "a
party other than an agency" and "the party" are substituted for "a
private party" and "the private party", respectively, on authority of
the definition of "private party" in 5 App. U.S.C. 1002 (g).
In subsection (a) (3), the words "the responsible employee, and in
the case of a uniformed service, the responsible member" are substi-
-------
STATUTES AND LEGISLATIVE HISTORY 2615
tuted for "the responsible officers" to retain the coverage of Public
Law 89-487 and to conform to the definitions in 5 U.S.C. 2101, 2104,
and 2105.
In subsection (a) (4), the words "shall maintain and make available
for public inspection a record" are substituted for "shall keep a record
* * * and that record shall be available for public inspection".
In subsection (b) (5) and (7), the words "a party other than an
agency" are substituted for "a private party" on authority of the
definition of "private party" in 5 App. U.S.C. 1002 (g).
In subsection (c), the words "This section does not authorize" and
"This section is not authority" are substituted for "Nothing in this
section authorizes" and "nor shall this section be authority", respec-
tively.
5 App. U.S.C. 1002(g), defining "private party" to mean a party
other than an agency, is omitted since the words "party other than an
agency" are substituted for the words "private party" wherever they
appear in revised 5 U.S.C. 552.
5 App. U.S.C. 1002 (h), prescribing the effective date, is omitted as
unnecessary. That effective date is prescribed by section 4 of this bill.
SECTION 2
Section 2 amends the analysis of chapter 5 of title 5, United States
Code, to reflect the change in the catchline for section 552 of title 5.
SECTION 3
Section 3 repeals the act of July 4, 1966, Public Law 89-487 (80
Stat. 250).
SECTION 4
Section 4 prescribes the effective date of the bill as July 4, 1967,
or the date of enactment of the bill, whichever is later. This con-
forms with the effective date of Public Law 89-487 which is repealed
by this bill.
[p. 4]
-------
2616
LEGAL COMPILATION—WATER
COMPARATIVE PRINT OF CHANGES IN EXISTING LAW
In compliance with subsection (4) of rule XXIX of the Standing
Rules of the Senate, changes in existing law are shown below:
EXISTING LAW
(Section 3 of Administrative Procedure
Act, as amended by Public Law 89-487)
SEC. 3. Every agency shall make avail-
able to the public the following informa-
tion:
(a) PUBLICATION IN THE FEDERAL REG-
ISTER.—Every agency shall separately
state and currently publish in the Fed-
eral Register for the guidance of the
public (A) descriptions of its central and
field organization and the established
places at which, the officers from whom,
and the methods whereby, the public
may secure information, make submit-
tals or requests, or obtain decisions; (B)
statements of the general course and
method by which its functions are chan-
neled and determined, including the na-
ture and requirements of all formal and
informal procedures available; (C) rules
of procedure, descriptions of forms avail-
able or the places at which forms may
be obtained, and instructions as to the
scope and contents of all papers, reports,
or examinations; (D) substantive rules
of general applicability adopted as au-
thorized by law, and statements of gen-
eral policy or interpretations of general
applicability formulated and adopted by
the agency; and (E) every amendment,
revision, or repeal of the foregoing. Ex-
cept to the extent that a person has
[p. 5]
actual and timely notice of the terms
thereof, no person shall in any manner
be required to resort to, or be adversely
affected by any matter required to be
published in the Federal Register and
not so published. For purposes of this
subsection, matter which is reasonably
available to the class of persons affected
thereby shall be deemed published in
the Federal Register when incorporated
by reference therein with the approval
of the Director of the Federal Register.
NEW TEXT
(Sec. 552 of title 5, United States Code)
§552. Public information; agency rules,
opinions, orders, records, and pro-
ceedings
(a) Each agency shall make available
to the public information as follows:
(1) Each agency shall separately
state and currently publish in the
Federal Register for the guidance
of the public—
(A) descriptions of its cen-
tral and field organization and
the established places at which,
the employees (and in the case
of a uniformed service, the mem-
bers) from whom, and the
methods whereby, the public
may obtain information, make
submittals or requests, or obtain
decisions;
(B) statements of the general
course and method by which its
functions are channeled and de-
termined, including the nature
and requirements of all formal
and informal procedures avail-
able;
(C) rules of procedure, de-
scriptions of forms available or
the places at which forms may
be obtained, and instructions as
to the scope and contents of all
[p. 5]
papers, reports, or examinations;
(D) substantive rules of gen-
eral applicability adopted as au-
thorized by law, and statements
of general policy or interpreta-
tions of general applicability
formulated and adopted by the
agency; and
(E) each amendment, revi-
sion, or repeal of the foregoing.
-------
STATUTES AND LEGISLATIVE HISTORY
2617
EXISTING LAW
(b) AGENCY OPINIONS AND ORDERS.—
Every agency shall, in accordance with
published rules, make available for pub-
lic inspection and copying (A) all final
opinions (including concurring and dis-
senting opinions) and all orders made in
the adjudication of cases, (B) those
statements of policy and interpretations
which have been adopted by the agency
and are not published in the Federal
Register, and (C) administrative staff
manuals and instructions to staff that af-
fect any member of the public, unless
such materials are promptly published
and copies offered for sale. To the ex-
[p. 6]
tent required to prevent a clearly un-
warranted invasion of personal privacy,
an agency may delete identifying details
when it makes available or publishes an
opinion, statement of policy, interpre-
tation, or staff manual or instruction:
Provided, That in every case the justifi-
cation for the deletion must be fully ex-
plained in writing. Every agency also
shall maintain and make available for
public inspection and copying a current
index providing identifying information
for the public as to any matter which is
issued, adopted, or promulgated after
the effective date of this Act and which
is required by this subsection to be made
available or published. No final order,
opinion, statement of policy, interpre-
tation, or staff manual or instruction
that affects any member of the public
NEW TEXT
Except to the extent that a person
has actual and timely notice of the
terms thereof, a person may not in
any manner be required to resort to,
or be adversely affected by, a mat-
ter required to be published in the
Federal Register and not so pub-
lished. For the purpose of this
paragraph, matter reasonably avail-
able to the class of persons affected
thereby is deemed published in the
Federal Register when incorporated
by reference therein with the ap-
proval of the Director of the Federal
Register.
(2) Each agency, in accordance
with published rules, shall make
available for public inspection and
copying—
(A) final opinions, including
concurring and dissenting opin-
ions, as well as orders, made in
the adjudication of cases;
(B) those statements of policy
and interpretations which have
been adopted by the agency and
are not published in the Federal
Register; and
[p. 6]
(C) administrative staff man-
uals and instructions to staff
that affect a member of the pub-
lic;
unless the materials are promptly
published and copies offered for
sale. To the extent required to pre-
vent a clearly unwarranted invasion
of personal privacy, an agency may
delete identifying details when it
makes available or publishes an
opinion, statement of policy, inter-
pretation, or staff manual or in-
struction. However, in each case
the justification for the deletion
shall be explained fully in writing.
Each agency also shall maintain and
make available for public inspec-
tion and copying a current index
providing identifying information
for the public as to any matter is-
sued, adopted, or promulgated after
-------
2618
LEGAL COMPILATION—WATER
EXISTING LAW
may be relied upon, used or cited as
precedent by an agency against any pri-
vate party unless it has been indexed
and either made available or published
as provided by this subsection or unless
that private party shall have actual and
timely notice of the terms thereof.
(c) AGENCY RECORDS.—Except with re-
spect to the records made available
pursuant to subsections (a) and (b),
every agency shall, upon request for
identifiable records made in accordance
with published rules stating the time,
place, fees to the extent authorized by
statute and procedure to be followed,
make such records promptly available
[p. 7]
to any person. Upon complaint, the dis-
trict court of the United States in the
district in which the complainant re-
sides, or has his principal place of busi-
ness, or in which the agency records are
situated shall have jurisdiction to en-
join the agency from the withholding of
agency records and to order the produc-
tion of any agency records improperly
withheld from the complainant. In such
cases the court shall determine the mat-
ter de novo and the burden shall be upon
the agency to sustain its action. In the
event of noncompliance with the court's
order, the district court may punish the
responsible officers for contempt. Ex-
cept as to those causes which the court
deems of greater importance, proceed-
ings before the district court as author-
ized by this subsection shall take
precedence on the docket over all other
causes and shall be assigned for hearing
and trial at the earliest practicable date
and expedited in every way.
NEW TEXT
July 4, 1967, and required by this
paragraph to be made available or
published. A final order, opinion,
statement of policy, interpretation,
or staff manual or instruction that
affects a member of the public may
be relied on, used, or cited as prec-
edent by an agency against a party
other than an agency only if—
(i) it has been indexed and
either made available or pub-
lished as provided by this para-
graph; or
(ii) the party has actual and
timely notice of the terms
thereof.
(3) Except with respect to the rec-
ords made available under para-
graphs (1) and (2) of this subsection,
each agency, on request for identifi-
able records made in accordance
with published rules stating the time,
place, fees to the extent authorized
by statute, and procedure to be fol-
lowed, shall make the records
[p. 7]
promptly available to any person.
On complaint, the district court of
the United States in the district in
which the complainant resides, or
has his principal place of business,
or in which the agency records are
situated, has jurisdiction to enjoin
the agency from withholding agency
records and to order the production
of any agency records improperly
withheld from the complainant. In
such a case the court shall deter-
mine the matter de novo and the
burden is on the agency to sustain
its action. In the event of noncom-
pliance with the order of the court,
the district court may punish for
contempt the responsible employee,
and in the case of a uniformed ser-
vice, the responsible member. Ex-
cept as to cases the court considers
of greater importance, proceedings
before the district court, as author-
ized by this paragraph, take prece-
-------
STATUTES AND LEGISLATIVE HISTORY
2619
EXISTING LAW
(d) AGENCY PROCEEDINGS. — Every
agency having more than one member
shall keep a record of the final votes of
each member in every agency proceed-
ing and such record shall be available
for public inspection.
(e) EXEMPTIONS.—The provisions of
this section shall not be applicable to
matters that are (1) specifically required
by Executive order to be kept secret in
the interest of the national defense or
foreign policy; (2) related solely to the
internal personnel rules and practices
of any agency; (3) specifically exempted
from disclosure by statute; (4) trade
[P. 8]
secrets and commercial or financial in-
formation obtained from any person
and privileged or confidential; (5) inter-
agency or intra-agency memorandums
or letters which would not be available
by law to a private party in litigation
with the agency; (6) personnel and
medical files and similar files the dis-
closure of which would constitute a
clearly unwarranted invasion of per-
sonal privacy; (7) investigatory files
compiled for law enforcement purposes
except to the extent available by law
to a private party; (8) contained in or
related to examination, operating, or
condition reports prepared by, on be-
half of, or for the use of any agency
responsible for the regulation or super-
vision of financial institutions; and (9)
geological and geophysical information
and data (including maps) concerning
wells.
NEW TEXT
dence on the docket over all other
causes and shall be assigned for
hearing and trial at the earliest
practicable date and expedited in
every way.
(4) Each agency having more than
one member shall maintain and
make available for public inspec-
tion a record of the final votes of
each member in every agency pro-
ceeding.
(b) This section does not apply to
matters that are—
(1) specifically required by Ex-
ecutive order to be kept secret in
the interest of the national defense
or foreign policy;
(2) related solely to the internal
personal rules and practices of an
agency;
[p. 8]
(3) specifically exempted from
disclosure by statute;
(4) trade secrets and commercial
or financial information obtained
from a person and privileged or
confidential;
(5) inter-agency or intra-agency
memorandums or letters which
would not be available by law to a
party other than an agency in litiga-
tion with the agency;
(6) personnel and medical files
and similar files the disclosure of
which would constitute a clearly
unwarranted invasion of personal
privacy;
(7) investigatory files compiled
for law enforcement purposes ex-
cept to the extent available by law
to a party other than an agency;
(8) contained in or related to ex-
amination, operating, or condition
reports prepared by, on behalf of,
or for the use of an agency respon-
sible for the regulation or supervi-
sion of financial institutions; or
(9) geological and geophysical in-
formation and data, including maps,
concerning wells.
-------
2620
LEGAL COMPILATION—WATER
NEW TEXT
(f) LIMITATION OF EXEMPTIONS.—Noth-
ing in this section authorizes with-
holding of information or limiting the
availability of records to the public ex-
cept as specifically stated in this section,
nor shall this section be authority to
withhold information from Congress.
(g) PRIVATE PARTY.—As used in this
section, "private party" means any party
other than an agency.
(h) EFFECTIVE DATE.—This amendment
shall become effective one year follow-
ing the date of the enactment of this Act.
[p. 9]
EXISTING LAW
(c) This section does not authorize
withholding of information or limit the
availability of records to the public, ex-
cept as specifically stated in this section.
This section is not authority to with-
hold information from Congress.
[P- 9]
1.15b(3) CONGRESSIONAL RECORD, VOL. 113 (1967)
1.15b(3) (a) April 3: Passed House, pp. 8109-8110
CODIFICATION OF PUBLIC LAW
89-487
The Clerk called the bill (H.R. 5357) to
amend section 552 of title 5, United
States Code, to codify the provisions of
Public Law 89-487.
The SPEAKER. Is there objection to
the present consideration of the bill?
Mr. HALL. Mr. Speaker, reserving
the right to object, it is my understand-
ing, although it is not so stated in the
report, that these changes were recom-
mended by the Department of Justice.
Will the gentleman from the Committee
on the Judiciary confirm this?
Mr. KASTENMEIER. Mr, Speaker,
will the gentleman from Missouri yield?
Mr. HALL. I yield to the gentleman
from Wisconsin.
Mr. KASTENMEIER. Mr. Speaker,
these are not actual changes, but this
procedure, incorporating this entire title
5, was recommended by the Department
of Justice.
Mr. HALL. Mr. Speaker, I would like
to inquire further as to whether this
would in any way aid or abet what has
come about as a result of the Reorgani-
zation Act of 1949, which makes it pos-
sible to print in the Federal Register a
reorganization of one of the executive
branches, with the full effect and weight
of law if not objected to by resolution on
the part of one of the two Houses of Con-
gress within a requisite number of days?
Is there anything within these changes
of the provisions of Public Law 89-487
which would make this power of the
"veto in reverse"—as I have referred to
in the provision—more applicable?
In other words, what I am getting at
is, will it further relegate any of the
powers of the Congress to the executive
branch of the Government?
Mr. KASTENMEIER. Mr. Speaker,
will the gentleman from Missouri yield?
Mr. HALL. I yield to the gentleman
from Wisconsin.
Mr. KASTENMEIER. Mr. Speaker, I
assure the gentleman this does not have
that effect. This does not change in any
respect the powers of Congress or the
executive branch.
Mr. HALL. We do have the gentle-
man's full assurance that on this bill
there is no substantive change, and that
it is really a technical and conforming
amendment which has nothing to do with
the "veto in reverse"?
-------
STATUTES AND LEGISLATIVE HISTORY
2621
Mr. KASTENMEIER. Mr. Speaker, if
the gentleman from Missouri will yield
further, the bill simply incorporates into
title 5, without any substantive change,
an amendment of the Administrative
Procedures Act. This bill incorporates
into title 5 of the United States Code,
without substantive change, the provi-
sions of Public Law 89-487. That law
was not amended by title 5, which was
enacted by Public Law 89-554, but which
codified the Administrative Procedures
Act.
For this reason we have so recom-
mended.
Mr. HALL. I appreciate the gentle-
man's explanation.
Mr. GROSS. Mr. Speaker, will the
gentleman yield?
Mr. HALL. I yield to the gentleman
from Iowa.
Mr. GROSS. This would confer no
greater power upon the 10th Judicial
Conference or upon any other judicial
conference in the country; is that cor-
rect?
Mr. KASTENMEIER. If the gentle-
man will yield further, I assure the gen-
tleman it will not.
Mr. HALL. Mr. Speaker, I withdraw
my reservation.
The SPEAKER. Is there objection to
the present consideration of the bill?
There being no objection, the Clerk
read the bill, as follows:
[p. 8109]
The bill was ordered to be engrossed
and read a third time, was read the third
time, and passed, and a motion to re-
consider was laid on the table.
[p. 8110]
1.15b(3)(b) May 19: Amended and passed Senate, pp. 13253-13254
[No Relevant Discussion on Pertinent Section]
1.15b(3) (c) May 25: House concurs in Senate amendments, p. 14056
TO CODIFY PROVISIONS OF PUBLIC
LAW 89-487
Mr. ROGERS of Colorado. Mr.
Speaker, at the direction of the Commit-
tee on the Judiciary, I ask unanimous
consent to take from the Speaker's desk
the bill, H.R. 5357, to amend section 552
of title 5, United States Code, to codify
the provisions of Public Law 89-487, with
the Senate amendments thereto, and
concur in the Senate amendments.
The Clerk read the title of the bill.
The Clerk read the Senate amend-
ments, as follows:
The SPEAKER. Is there objection to
the request of the gentleman from Colo-
rado?
Mr. GROSS. Mr. Speaker, reserving
the right to object, I assume all the
amendments are germane to this bill.
Mr. ROGERS of Colorado. Yes, sir;
they are, because they were put in in
the Senate.
Mr. GROSS. That is the reason why
I raise the question. If the other body
amended it, I would like to know
whether the amendments are germane.
Mr. ROGERS of Colorado. They are
germane.
The SPEAKER. Is there objection to
the request of the gentleman from
Colorado?
There were no objections.
The Senate amendments were con-
curred in.
A motion to reconsider was laid on the
table.
[p. 14056]
-------
2622 LEGAL COMPILATION—WATER
1.15c ACT TO AMEND TITLE 5, 10, AND 37,
UNITED STATES CODE TO CODIFY RECENT LAWS
October 22,1968, P.L. 90-623, §1(1), 82 Stat. 1312
AN ACT To amend titles 5, 10, and 37, United States Code, to codify recent law,
and to improve the Code.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That title 5, United
States Code, is amended as follows:
(1) In section 559 insert "of this title" immediately after the figure
"7521" wherever it appears;
*******
[p. 1312]
1.15c(l) HOUSE COMMITTEE ON THE JUDICIARY
H.E. KEP. No. 1721, 90th Cong., 2d Sess. (1968)
AMENDMENT OF TITLES 5, 10, AND 37, UNITED STATES
CODE, CODIFYING RECENT LAWS AND IMPROVING THE
CODE
JULY 16, 1968.—Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. WILLIS, from the Committee on the Judiciary, submitted the
following
REPORT
[To accompany H.R. 17864]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 17864) to amend titles 5, 10, and 37, United States Code, to
codify recent laws, and to improve the Code, having considered the
same, report favorably thereon with amendments and recommend
that the bill do pass.
[P.I]
PURPOSE OF THE BILL
The general purpose of the bill is as stated in its title.
Specifically, the bill will amend titles 5, 10, and 37, United States
-------
STATUTES AND LEGISLATIVE HISTORY 2623
Code, which have been enacted into law, to reflect recent changes
in the substance of those titles by laws or reorganization plans which
did not specifically amend those titles.
The bill makes no change in the substance of existing law.
SECTION ANALYSIS
TITLE 5 AMENDMENTS
Section 1(1)
This amends section 559 of title 5, United States Code, to correct a
typographical error.
[p. 2]
1.15c(2) SENATE COMMITTEE ON THE JUDICIARY
S. REP. No. 1624, 90th Cong., 2d Sess. (1968)
AMENDMENTS TO TITLES 5, 10, AND 37, UNITED STATES
CODE
OCTOBER 9, 1968.—Ordered to be printed
Mr. ERVIN, from the Committee on the Judiciary, submitted the
following
REPORT
[To accompany H.R. 17864]
The Committee on the Judiciary, to which was referred the bill
(H.R. 17864) to amend titles 5, 10, and 37, United States Code, to
codify recent laws, and to improve the code, having considered the
same, reports favorably thereon without amendment and recommends
that the bill do pass.
PURPOSE OF THE BILL
The general purpose of the bill is as stated in its title.
Specifically, the bill will amend titles 5, 10, and 37, United States
Code, which have been enacted into law, to reflect recent changes in
the substance of those titles by laws or reorganization plans which did
not specifically amend those titles.
The bill makes no change in the substance of existing law.
-------
2624 LEGAL COMPILATION—WATER
STATEMENT
As stated in the purpose of the bill, this legislation is to reflect
recent changes in the substance of those titles involved by laws or
reorganization plans which did not specifically amend those titles.
The detailed section analysis shows the changes in law. The com-
mittee again reiterates that the bill makes no change in the substance
of any existing law dealt with in this legislation.
[p. H
SECTION ANALYSIS
TITLE 5 AMENDMENTS
Section 1 (1)
This amends section 559 of title 5, United States Code, to correct a
typographical error.
[p. 2]
1.15c(3) CONGRESSIONAL RECORD, VOL. 114 (1968)
1.15c(3)(a) Sept. 16: Amended and passed House, pp. 26929-26930
[No Relevant Discussion on Pertinent Section]
1.15c(3)(b) Oct. 11: Passed Senate, p. 30832
[No Relevant Discussion on Pertinent Section]
-------
STATUTES AND LEGISLATIVE HISTORY 2625
1.16 HIGHER EDUCATION GENERAL PROVISIONS,
DEFINITIONS, AS AMENDED, 20 U.S.C. §1141 (1970)
[Referred to in 33 U.S.C. §1169(1) (B)]
§ 1141. Definitions
As used in this chapter—
(a) The term "institution of higher education" means an edu-
cational institution in any State which (1) admits as regular
students only persons having a certificate of graduation from a
school providing secondary education, or the recognized equivalent
of such a certificate, (2) is legally authorized within such State to
provide a program of education beyond secondary education,
(3) provides an educational program for which it awards a bache-
lor's degree or provides not less than a two-year program which is
acceptable for full credit toward such a degree, (4) is a public or
other nonprofit institution, and (5) is accredited by a nationally
recognized accrediting agency or association or, if not so ac-
credited, (A) is an institution with respect to which the Commis-
sioner has determined that there is satisfactory assurance, consid-
ering the resources available to the institution, the period of time,
if any, during which it has operated, the effort it is making to meet
accreditation standards, and the purpose for which this determina-
tion is being made, that the institution will meet the accreditation
standards of such an agency or association within a reasonable
time, or (B) is an institution whose credits are accepted, on trans-
fer, by not less than three institutions which are so accredited, for
credit on the same basis as if transferred from an institution so
accredited. Such term also includes any school which provides not
less than a one-year program of training to prepare students for
gainful employment in a recognized occupation and which meets
the provisions of clauses (1), (2), (4), and (5). For purposes of
this subsection, the Commission shall publish a list of nationally
recognized accrediting agencies or associations which he deter-
mines to be reliable authority as to the quality of training offered.
(b) The term "State" includes, in addition to the several States
of the Union, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, American Samoa, and the Virgin Islands.
(c) The term "nonprofit" as applied to a school, agency, organi-
zation, or institution means a school, agency, organization, or insti-
tution owned and operated by one or more nonprofit corporations
or associations no part of the net earnings of which inures, or may
lawfully inure, to the benefit of any private shareholder or indi-
vidual.
(d) The term "secondary school" means a school which pro-
vides secondary education as determined under State law except
that it does not include any education provided beyond grade 12.
-------
2626 LEGAL COMPILATION—WATER
(e) The term "Secretary" means the Secretary of Health, Edu-
cation, and Welfare.
(f) The term "Commissioner" means the Commissioner of Edu-
cation.
(g) The term "local educational agency" means a public board
of education or other public authority legally constituted within a
State for either administrative control or direction of, or to per-
form a service function for, public elementary or secondary schools
in a city, county, township, school district, or other political sub-
division of a State, or such combination of school districts or coun-
ties as are recognized in a State as an administrative agency for its
public elementary or secondary schools. Such term also includes
any other public institution or agency having administrative con-
trol and direction of a public elementary or secondary school.
(h) The term "State educational agency" means the State
board of education or other agency or officer primarily responsible
for the State supervision of public elementary and secondary
schools, or, if there is so such officer or agency, an officer or agency
designated by the Governor or by State law.
(i) The term "elementary school" means a school which pro-
vides elementary education including education below grade 1, as
determined under State law.
(j) The term "combination of institutions of higher education"
means a group of institutions of higher education that have en-
tered into a cooperative arrangement for the purpose of carrying
out a common objective, or a public or private nonprofit agency,
organization, or institution designated or created by a group of
institutions of higher education for the purpose of carrying out a
common objective on their behalf.
(k) The term "gifted and talented children" means, in accord-
ance with objective criteria prescribed by the Commissioner, chil-
dren who have outstanding intellectual ability or creative talent.
Pub.L. 89-329, Title XII, § 1201, formerly Title VIII, § 801,
Nov. 8, 1965, 79 Stat. 1269, renumbered and amended Pub.L.
90-575, Title II, §§ 251, 293, 294, Oct. 16, 1968, 82 Stat. 1042,
1050, 1051, amended Pub.L. 91-230, Title VIII, § 806 (b), Apr. 13,
1970, 84 Stat. 192.
-------
STATUTES AND LEGISLATIVE HISTORY 2627
1.16a HIGHER EDUCATION ACT OF 1965
November 8, 1965, P.L. 89-329, Title XII, §801, 79 Stat. 1269
TITLE VIII—GENERAL PROVISIONS
DEFINITIONS
SEC. 801. As used in this Act—
(a) The term "institution of higher education" means an educational
institution in any State which (1) admits as regular students only
persons having a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such a certificate,
(2) is legally authorized within such State to provide a program of
education beyond secondary education, (3) provides an educational
program for which it awards a bachelor's degree or provides not less
than a two-year program which is acceptable for full credit toward
such a degree, (4) is a public or other nonprofit institution, and (5) is
accredited by a nationally recognized accrediting agency or association
or, if not so accredited, is an institution whose credits are accepted, on
transfer, by not less than three institutions which are so accredited,
for credit on the same basis as if transferred from an institution so
accredited. Such term also includes any business school or technical
institution which meets the provisions of clauses (1), (2), (4), and
(5). For purposes of this subsection, the Commissioner shall publish
a list of nationally recognized accrediting agencies or associations
which he determines to be reliable authority as to the quality of train-
ing offered.
(b) The term "State" includes, in addition to the several States of
the Union, the Commonwealth of Puerto Rico, the District of Colum-
bia, Guam, American Samoa, and the Virgin Islands.
(c) The term "nonprofit" as applied to a school, agency, organiza-
tion, or institution means a school, agency, organization, or institution
owned and operated by one or more nonprofit corporations or associa-
tions no part of the net earnings of which inures, or may lawfully
inure, to the benefit of any private shareholder or individual.
(d) The term "secondary school" means a school which provides
secondary education as determined under State law except that it does
not include any education provided beyond grade 12.
(e) The term "Secretary" means the Secretary of Health, Educa-
tion, and Welfare.
(f) The term "Commissioner" means the Commissioner of Edu-
cation.
(g) The term "local educational agency" means a public board of
education or other public authority legally constituted within a State
for either administrative control or direction of, or to perform a serv-
-------
2628 LEGAL COMPILATION—WATER
ice function for, public elementary or secondary schools in a city,
county, township, school district, or other political subdivision of a
State, or such combination of school districts or counties as are recog-
nized in a State as an administrative agency for its public elementary
or secondary schools. Such term also includes any other public insti-
tution or agency having administrative control and direction of a
public elementary or secondary school.
(h) The term "State educational agency" means the State board of
education or other agency or officer primarily responsible for the
State supervision of public elementary and secondary schools, or, if
there is no such officer or agency, an officer or agency designated by
the Governor or by State law.
(i) The term "elementary school" means a school which provides
elementary education including education below grade 1, as deter-
mined under State law.
[p. 1269]
1.16a(l) HOUSE COMMITTEE ON EDUCATION AND LABOR
H.R. REP. No. 621, 89th Cong., 1st Sess. (1965)
HIGHER EDUCATION ACT OF 1965
JULY 14,1965.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. POWELL, from the Committee on Education and Labor, submitted
the following
REPORT
[To accompany H.R. 9567]
The Committee on Education and Labor, to whom was referred
the bill (H.R. 9567) to strengthen the educational resources of our
colleges and universities and to provide financial assistance for
students in postsecondary and higher education, having considered
the same, report favorably thereon with amendments and recom-
mend that the bill as amended do pass.
[p.l]
-------
STATUTES AND LEGISLATIVE HISTORY 2629
1.16a(2) SENATE COMMITTEE ON LABOR
AND PUBLIC WELFARE
S. REP. No. 673, 89th Cong., 1st Sess. (1965)
HIGHER EDUCATION ACT OF 1965
SEPTEMBER 1, 1965.—Ordered to be printed
Mr. MORSE, from the Committee on Labor and Public Welfare,
submitted the following
REPORT
together with
SUPPLEMENTAL AND INDIVIDUAL VIEWS
[To accompany H.R. 9567]
The Committee on Labor and Public Welfare, to which was referred
the bill (H.R. 9567) to strengthen the educational resources of our
colleges and universities and to provide financial assistance for
students in postsecondary and higher education, having considered
the same, reports favorably thereon with an amendment and recom-
mends that the bill as amended do pass.
[p.i]
TITLE VIII—GENERAL PROVISIONS
Section 801. Definitions
This section sets out the definition of various terms used in this act.
[p.94]
-------
2630 LEGAL COMPILATION—WATER
1.16a(3) COMMITTEE OF CONFERENCE
H.R. REP. No. 1178, 89th Cong., 1st Sess. (1965)
HIGHER EDUCATION ACT OF 1965
OCTOBER 19, 1965.—Ordered to be printed
Mr. POWELL, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 9567]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 9567) to
strengthen the educational resources of our colleges and universities
and to provide financial assistance for students in postsecondary
and higher education, having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the House recede from its disagreement to the amendment of
the Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following: That this Act may be cited as the "Higher
Education Act of 1965".
[p.l]
TITLE VIII—GENERAL PROVISIONS
DEFINITIONS
Sec. 801. As used in this Act—
(a) The term "institution of higher education" means an educa-
tional institution in any State which (1) admits as regular students
only persons having a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such a certifi-
cate, (2) is legally authorized within such State to provide a program
of education beyond secondary education, (3) provides an educational
program for which it awards a bachelor's degree or provides not less
than a two-year program which is acceptable for full credit toward
such a degree, (4) is a public or other nonprofit institution, and (5)
is accredited by a nationally recognized accrediting agency or associa-
-------
STATUTES AND LEGISLATIVE HISTORY 2631
tion or, if not so accredited, is an institution whose credits are ac-
cepted, on transfer, by not less than three institutions which are so
accredited, for credit on the same basis as if transferred from an
institution so accredited. Such term also includes any business
school or technical institution which meets the provisions of clauses
(1), (2), (4), and (5). For purposes of this subsection, the Commis-
sioner shall publish a list of nationally recognized accrediting agencies
or associations which he determines to be reliable authority as to the
quality of training offered.
(b) The term "State" includes, in addition to the several States of
the Union, the Commonwealth of Puerto Rico, the District of Colum-
bia, Guam, American Samoa, and the Virgin Islands.
[p.53]
(c) The term "nonprofit" as applied to a school, agency, organiza-
tion, or institution means a school, agency, organization, or institution
owned and operated by one or more nonprofit corporations or asso-
ciations no part of the net earnings of which inures, or may lawfully
inure, to the benefit of any private shareholder or individual.
(d) The term "secondary school" means a school which provides
secondary education as determined under State law except that it
does not include any education provided beyond grade 12.
(e) The term "Secretary" means the Secretary of Health, Educa-
tion, and Welfare.
(f) The term "Commissioner" means the Commissioner of Educa-
tion.
(g) The term "local educational agency" means a public board of
education or other public authority legally constituted within a State
for either administrative control or direction of, or to perform a serv-
ice function for, public elementary or secondary schools in a city,
county, township, school district, or other political subdivision of a
State, or such combination of school districts or counties as are recog-
nized in a State as an administrative agency for its public elementary
or secondary schools. Such term also includes any other public in-
stitution or agency having administrative control and direction of a
public elementary or secondary school.
(h) The term "State educational agency" means the State board of
education or other agency or officer primarily responsible for the
State supervision of public elementary and secondary schools, or, if
there is no such officer or agency, an officer or agency designated by
the Governor or by State law.
(i) The term "elementary school" means a school which provides
elementary education including education below grade 1, as deter-
mined under State law.
[p.54]
-------
2632
LEGAL COMPILATION—WATER
TITLE VIII—GENERAL PROVISIONS
Definitions
The Senate amendment contained definitions of the terms "local
educational agency", "State educational agency", and "elementary
school". These terms were used in the provisions added by the
Senate amendment which relate to fellowships for teachers and the
National Teacher Corps.
The conferees, in adopting the provisions of the Senate amendment
relating to teacher fellowships and the Teacher Corps, also adopted
these definitions, but in doing so they omitted all reference to post-
secondary vocational education in the definition of local educational
agency.
[P- 79]
1.16a(4) CONGRESSIONAL RECORD, VOL. Ill (1965)
1.16a(4) (a) Aug. 26: Debated, amended and passed House, p. 21925
TITUS vn—GENEBAL PROVISIONS
Definitions
SEC. 701. As used In this Act—
(a) The term "institution of higher educa-
tion" means an educational Institution in any
State which (1) admits as regular students
only persons having a certificate of gradua-
tion from a school providing secondary edu-
cation, or the recognized equivalent of such
certificate, (2) is legally authorized within
such State to provide a program of education
beyond secondary education, (3) provides
an educational program for which it awards
a bachelor's degree or provides not less than
a two-year program which Is acceptable for
full credit toward such a degree, (4) is a
public or other nonprofit institution, and (5)
is accredited by a nationally recognized ac-
crediting agency or association or, if not so
accredited, is an Institution whose credits are
accepted, on transfer, by not less than three
institutions which are so accredited, for credit
on the same basis as if transferred from an
Institution so accredited. Such term also in-
cludes any business school or technical insti-
tution which meets the provisions of clauses
(1), (2), (4), and (5). For purposes of this
subsection, the Commissioner shall publish a
list of nationally recognized accrediting agen-
cies or associations which he determines to
be reliable authority as to the quality of
training offered.
(b) The term "State" Includes, In addition
to the several States of the Union, the Com-
monwealth of Puerto Rico, the District of
Columbia, Guam, American Samoa, and the
Virgin Islands.
(c) The term "nonprofit" as applied to a
school, agency, organization, or institution
means a school, agency, organization, or in-
stitution owned and operated by one or more
nonprofit corporations or associations no part
of the net earnings of which inures, or may
lawfully inure, to the benefit of any private
shareholder or Individual.
(d) The term "secondary school" means a
school which provides secondary education
as determined under State law except that it
does not include any education provided be-
yond grade 12.
(e) The term "Secretary" means the Sec-
retary of Health, Education, and Welfare.
(f) The term "Commissioner" means the
Commissioner of Education.
-------
STATUTES AND LEGISLATIVE HISTORY 2633
1.16a(4)(b) Sept. 2: Debated, amended and passed Senate, pp. 22714-
22717
[No Relevant Discussion on Pertinent Section]
1.16a(4) (c) Oct. 20: House agrees to conference report, p. 27678
[No Relevant Discussion on Pertinent Section]
1.16a(4)(d) Oct. 20: Senate agree to conference report, pp. 27595-
27596
[No Relevant Discussion on Pertinent Section]
1.16b HIGHER EDUCATION AMENDMENTS OF 1968
October 16, 1968, P.L. 90-575, Title II, §§251, 293, 294, 82 Stat. 1042, 1043,1050, 1051
PART F—NETWORKS FOR KNOWLEDGE
SHARING OF EDUCATIONAL AND RELATED RESOURCES AMONG COLLEGES
AND UNIVERSITIES
SEC. 251. The Higher Education Act of 1965 is amended by redesig-
nating title VIII as title XII, and sections 801 through 804 (and refer-
ences thereto however styled in such Act, or any other Act, including
such references heretofore made in this Act) as sections 1201 through
1204, respectively. The Higher Education Act of 1965 is further
amended by inserting after title VII the following new title:
"TITLE VIII—NETWORKS FOR KNOWLEDGE
"SHARING EDUCATIONAL AND RELATED RESOURCES
"SEC. 801. (a) To encourage colleges and universities to share to an
optimal extent, through cooperative arrangements, their technical
and other educational and administrative facilities and resources, and
in order to test and demonstrate the effectiveness and efficiency of a
variety of such arrangements the Commissioner is authorized to enter
into contracts and to make project grants for all or part of the cost of
planning, developing, or carrying out such arrangements. Such
grants may be made to public or nonprofit private colleges or uni-
versities. When in the Commissioner's judgment it will more effec-
tively promote the purposes of this title, the Commissioner may make
grants to other established public or nonprofit private agencies or
organizations, including professional organizations or academic so-
cieties and he may enter into contracts with established private
agencies and organizations.
-------
2634 LEGAL COMPILATION—WATER
" (b) Projects for the planning, development, or carrying out of
such arrangements assisted under this title may, subject to the pro-
visions of subsection (c), include—
" (1) (A) joint use of facilities such as classrooms, libraries, or
laboratories, including joint use of necessary books, materials,
and equipment; or (B) affording access to specialized library
collections through preparation of interinstitutional catalogs,
and through development of systems and preparation of suitable
media for electronic or other rapid transmission of materials;
" (2) establishment and joint operation of closed-circuit tele-
vision or equivalent transmission facilities (such as the instruc-
tional television fixed services); and
" (3) establishment and joint operation of electronic computer
networks and programs therefor, to be available to participating
institutions for such purposes as financial and student records,
student course work, or transmission of library materials.
" (c) (1) Grants pursuant to clause (B) of paragraph (1) of sub-
section (b) may not be used to pay the costs of electronic transmission
terminals.
" (2) In the case of a project for the establishment and operation of
a computer network, grants may not include—
" (A) the cost of operating administrative terminals or student
terminals at participating institutions; or
" (B) the cost, or any participating institution's pro rata share
of the cost, of using the central computer facilities of the network,
except (i) such costs of systems development and programing of
computers and transmission costs as are necessary to make the
network operational, (ii) the administrative and program sup-
port costs of the central facilities of the network, and (iii) the
line-access costs incurred by participating institutions.
[p.1042]
"APPROPRIATIONS AUTHORIZED
"SEC. 802. There are authorized to be appropriated for the purposes
of this title (and planning and related activities in the initial fiscal
year for such purpose), $340,000 for the fiscal year ending June 30,
1969, $4,000,000 for the fiscal year ending June 30, 1970, and
$15,000,000 for the fiscal year ending June 30, 1971.
"AUTHORITY FOR FREE OR REDUCED RATE COMMUNICATIONS
INTERCONNECTION SERVICES
"SEC. 803. Nothing in the Communications Act of 1934, as amended,
or in any other provision of law shall be construed to prevent United
States communications common carriers from rendering, subject to
-------
STATUTES AND LEGISLATIVE HISTORY 2635
such rules and regulations as the Federal Communications Commis-
sion may prescribe, free or reduced rate communications intercon-
nection services for interconnection systems within the purview of
this title, whether or not included in a project for which a grant is
made under this title."
[p. 1043]
CONFORMING DEFINITIONS OF INSTITUTION OF HIGHER EDUCATION IN
HIGHER EDUCATION ACT OF 1965 AND IN NATIONAL DEFENSE EDUCATION
ACT OF 1958
SEC. 293. (a) Section 1201 (a) of the Higher Education Act of 1965
(as so redesignated by section 251 of this Act) is amended by inserting
after "if not so accredited," in clause (5) the following: " (A) is an
institution with respect to which the Commissioner has determined
that there is satisfactory assurance, considering the resources avail-
able to the institution, the period of time, if any, during which it has
[p. 1050]
operated, the effort it is making to meet accreditation standards, and
the purpose for which this determination is being made, that the insti-
tution will meet the accreditation standards of such an agency or
association within a reasonable time, or (B)".
(b) The second sentence of such paragraph (a) is amended by
striking out "Such term also includes any business school or technical
institution" and inserting in lieu thereof "Such term also includes
any school which provides not less than a one-year program of train-
ing to prepare students for gainful employment in a recognized
occupation and".
INSERTION OF DEFINITION OF "COMBINATION OF INSTITUTIONS OF
HIGHER EDUCATION" IN HIGHER EDUCATION ACT OF 1965
SEC. 294. Section 1201 of the Higher Education Act of 1965 (as so
redesignated by section 251 of this Act) is amended by inserting at the
end thereof the following:
" (j) The term 'combination of institutions of higher education'
means a group of institutions of higher education that have
entered into a cooperative arrangement for the purpose of carry-
ing out a common objective, or a public or private nonprofit
agency, organization, or institution designated or created by a
group of institutions of higher education for the purpose of
carrying out a common objective on their behalf."
[p.1051]
-------
2636 LEGAL COMPILATION—WATER
1.16b(l)—SENATE COMMITTEE ON LABOR
AND PUBLIC WELFARE
S. REP. No. 1387, 90th Cong., 2d Sess. (1968)
HIGHER EDUCATION AMENDMENTS OF 1968
JULY 11,1968.—Ordered to be printed
Mr. MORSE, from the Committee on Labor and Public Welfare,
submitted the following
REPORT
together with
SUPPLEMENTAL VIEWS
[To accompany S. 3769]
The Committee on Labor and Public Welfare, having had under
consideration legislation to amend the Higher Education Act of
1965, the National Defense Education Act of 1958, the National
Vocational Student Loan Insurance Act of 1965, the Higher Educa-
tion Facilities Act of 1963, and related acts, reports an original bill
and recommends that it do pass.
SHORT SUMMARY OF S. 3769
S. 3769 as reported from committee, if enacted would:
In title II * * * establish a new program of assistance to institu-
tions of higher education in the area of cooperative education, and
modify provisions of the college work-study program.
[p.l]
NETWORKS FOR KNOWLEDGE
As the costs of providing a higher education continue to rise, our
Nation's colleges and universities are increasingly developing cooper-
ative arrangements among institutions, as a means of providing high-
quality education to the greatest number of students. The
"knowledge explosion" of the past few years, coupled with the vast
increase in the number of materials available, have made it almost
impossible for even the wealthiest university to afford extensive spe-
-------
STATUTES AND LEGISLATIVE HISTORY 2637
cialized library collections in all the areas its faculty and students
might wish to investigate. It has also become extremely difficult to
maintain a faculty fully competent in all the major areas of concen-
tration. Less affluent institutions may even experience difficulty in
maintaining an adequate collection of basic library resources and
minimum levels of faculty coverage of subject areas.
Similarly, in an age of growing student enrollments, hand proc-
essing of college fiscal and students records is costly and inefficient.
Yet many colleges cannot afford—and do not need—a computer on a
full-time lease or purchase basis. Again, cooperative arrangements
among a group of institutions, each utilizing a central computer for
the processing of student and fiscal records, might prove efficient and
economical.
A recent study made by the Office of Education showed the exist-
ence of nearly 1,300 consortia between institutions of higher education
across the country. These cooperative arrangements involved as few
as two colleges and as many as 80 or more. They covered everything
from faculty and student interchanges to curriculum planning and
centralized data processing. Such interinstitutional cooperation must
be encouraged if we are to insure that college students receive the
best possible education.
Therefore, the committee proposes a new program—networks for
knowledge—which would become title VIII of the Higher Education
Act, designed to encourage such resource-sharing among institutions
of higher education. Emphasis would be placed on the stimulation
of arrangements whereby institutions of higher education would share
technical and other educational facilities and resources, while main-
taining institutional indentities. The Commissioner of Education
would be authorized to make grants to institutions of higher educa-
tion to support the planning and operation of such sharing agreements.
In certain instances, grants might be made to other established
agencies and organizations, including professional organizations or
academic societies—for example, for the development of a common
program in a special subject field to be used in computer-assisted
[p. 48]
instruction, the subject-matter professional association might be the
most effective grantee.
Commissioner Howe, in his testimony before the committee, de-
tailed possible uses of funds for development and operation of a
series of interinstitutional arrangements:
Collection and sharing of curricular materials and information
on modern curricular advances. This could take many forms,
such as creation of a curriculum clearinghouse for a geographic
-------
2638 LEGAL COMPILATION—WATER
region or a specific subject matter area. An institution which
had conducted indepth research into a facet of instructional
content or technique could share its findings with other interested
colleges and universities. Needless duplication in curriculum
development could be avoided, if institutions were aware of the
curricular materials available to them;
Development of effective systems of processing and maintain-
ing financial and student records. Multi-institutional arrange-
ments for standardization or simplification of recordkeeping could
prove extremely beneficial to a number of our colleges and uni-
versities. Perhaps such a simplified system could be combined
with a centralized data processing facility, for which each
participant would be assessed a pro rata share;
Joint use of facilities such as classrooms, libraries, or labora-
tories;
Library networks, providing access to collections of materials
in the possession of a number of institutions. Some institutions
of higher education have already established library consortia to
reduce the costs of maintaining specialized library collections in
a large number of fields. However, in the main such consortia
have consisted of colleges large enough and wealthy enough that
each would have a specialized, expensive library to "contribute"
to the system. Federal assistance to a multi-institution library
network might assure that the poorer institution—those who need
the most to share library resources—would be able to participate;
Establishment and joint operation of closed-circuit television
facilities. Such TV networks would allow institutions to share
their faculties by wire and could result in improvement of
instructional quality at a limited cost;
Planning and operation of electronic computer networks.
Sharing a single centralized computer by a number of institutions
can cut the costs to any single institution significantly, while still
providing sufficient computer time for processing of financial or
student records, student course work, or transmission of library
or other materials, or providing a resource for faculty research.
The scope of the computer's use, as part of an educational net-
work, would be limited only by the imagination of the group of
institutions proposing the project;
Exchange of faculty on a part-time or full-time basis. Less
wealthy institutions may not be able to afford—or use the full-
time services of a distinguished professor. Again, sharing would
enable more schools and more students to benefit from a single
faculty member's knowledge.
The committee proposes that networks for knowledge be authorized
-------
STATUTES AND LEGISLATIVE HISTORY 2639
through fiscal year 1972, beginning in fiscal year 1970. For fiscal year
1970, $4 million is authorized to be appropriated; for the next 2 fiscal
years $15 million is authorized for each year. Funds may not be spent
for providing capital equipment, library resources, or other assets to a
single institution. They are intended, instead, to pay the costs of
transmission or other charges incident to establishing a network.
[p. 50]
PART F—GENERAL PROVISIONS AMENDMENTS (TITLE VIII)
Section 351. Conforming definitions of institution of higher education
in Higher Education Act of 1965 and National Defense Education
Act of 1958
This section of the bill would amend section 801 (a) of the Higher
Education Act of 1965 1 to conform the definition of "higher educa-
tion" in certain respects to the definition contained in section 103 (b)
of the National Defense Education Act of 1958.—
Subsection (a) of section 351 would amend paragraph (a) of section
801 of the Higher Education Act of 1965 by adding a provision, com-
mon in other higher education assistance programs, which permits
an institution to satisfy accreditation standards if it can present satis-
factory assurance that it is making efforts with its available resources
to meet accreditation standards and if the Commissioner determines
that such standards will be met within a reasonable time.
Subsection (b) of section 351 would amend the definition of "insti-
tution of higher education" so as to substitute for the phrase "business
school or technical institution" in paragraph (a) of section 801 of
the Higher Education Act of 1965 the more inclusive phrase "any
school which provides not less than a 1-year program of training to
prepare students for gainful employment in a recognized occupation."
Section 352. Insertion of definition of "combination of institutions of
higher education" in Higher Education Act of 1965
Section 801 of the Higher Education Act of 1965 1 would be amended
by the insertion, as a new subsection (j), of a definition of the term
"combination of institutions of higher education." The term would
be defined as a group of institutions of higher education that have
entered into a cooperative arrangement for the purpose of carrying
out a common objective, or a public or private nonprofit agency,
organization, or institution designated or created by a group of insti-
tutions of higher education for the purpose of carrying out a common
objective on their behalf.
[p. 79]
1 Title VIII of the Higher Education Act of 1965 would be redesignated as title XIII (with
corresponding changes in the section numbers thereof) by title VI of this bill so as to allow
for the insertion of 5 new titles hi the act which would be enacted by title VI of the bill.
Thus, section 801 (a) of the Higher Education Act referred to above, would become section
1301(a).
-------
2640 LEGAL COMPILATION—WATER
TITLE VIII—NETWORKS FOR KNOWLEDGE
Section 801 of the new title would authorize a program of project
grants to stimulate colleges and universities to share their technical
and other educational and administrative facilities and resources
through cooperative arrangements while maintaining their institu-
tional identities, and to test and demonstrate the effectiveness of a
variety of such arrangements, preferably on a multi-institutional basis.
Such grants might be made directly to the colleges or universities
involved or, when deemed more effective, to other established public
or nonprofit private agencies or organizations. Assistance under this
title would be authorized for planning, developing, or carrying out,
among others, such cooperative arrangements to—
(1) collect and share modern curricular materials and promis-
ing curricular developments;
(2) develop effective systems for processing and maintaining
financial and student records;
(3) share classroom, library, or laboratory facilities and the
necessary books, materials, and equipment, or afford access to
specialized library collections through preparation of interinstitu-
tional catalogs and through development of systems and prepara-
tion of suitable media for electronic or other rapid transmission
of materials;
(4) establish and jointly operate closed-circuit television
facilities;
(5) establish and jointly operate electronic computer networks
for such purposes as financial and student records, student course
work, or transmission of library materials; and
(6) exchange faculty on a part- or full-time basis or otherwise
arrange for strengthening the academic programs of participating
institutions;
In the case of projects for sharing library facilities through elec-
tronic transmission of data, grants could not be used to pay for elec-
tronic transmission terminals. In the case of projects involving
[p. 82]
computer networks, grants could not be used to pay for the cost of
operating the terminals or central computer facilities, except (1) such
costs of systems development and programing of computers and trans-
mission costs as are necessary to make the network operational, (2)
the administrative and program support costs of the central computer
facilities, and (3) the line-access costs of participating institutions.
Section 802 of the new title would authorize the appropriation of
$4 million for the fiscal year ending June 30, 1970, -and $15 million
for the next 2 fiscal years.
-------
STATUTES AND LEGISLATIVE HISTORY 2641
Section 803 of the new title VIII would provide that nothing in the
Communications Act of 1934 or in any other provision of law shall be
construed to prevent U.S. communications common carriers from
rendering, subject to rules and regulations of the FCC, free or re-
duced rate communications interconnection services for interconnec-
tion systems within the purview of this title whether or not covered
by a grant under this title.
[p. 83]
TITLE VIII—NETWORKS FOR KNOWLEDGE
SHARING EDUCATIONAL AND RELATED RESOURCES
Sec. 801. (a) To the end of stimulating colleges and universities to
share to an optimal extent, through cooperative arrangements, their
technical and other educational and administrative facilities and re-
sources while maintaining their respective institutional identities, and
in order to test and demonstrate the effectiveness and efficiency of a
variety of such arrangements, preferably on a multi-institutional basis
where appropriate and feasible, the Commissioner is authorized to
make project grants for all or part of the cost of planning, developing,
or carrying out such arrangements. Such grants may be made to
institutions of higher education, or when in the Commissioner's judg-
ment it will more effectively promote the purposes of this title, to
other established public or nonprofit private agencies or organizations,
including professional organizations or academic societies.
(b) Projects for the planning, development, or carrying out of such
arrangements assisted under this title may, subject to the provisions
of subsection (c), include—
(1) the collection and sharing (A) of modern curricular materials,
and (B) of information on promising developments in curriculums;
(2) the development of effective systems of processing and main-
taining financial and student records;
(3) (A) joint use of facilities such as classrooms, libraries, or lab-
oratories, including joint use of necessary books, materials, and equip-
ment; or (B) affording access to specialized library collections
through preparation of interinstitutional catalogs and through devel-
opment of systems and preparation of suitable media for electronic
or other rapid transmission of materials;
(4) establishment and joint operation of closed-circuit television
or equivalent transmission facilities (such as the instructional tele-
vision fixed services);
(5) establishment and joint operation of electronic computer net-
works and programs therefor, to be available to participating institu-
tions for such purposes as financial and student records, student
course work, or transmission of library materials; and
-------
2642 LEGAL COMPILATION—WATER
(6) exchange of faculty on a part-time or full-time basis, and other
arrangements for strengthening the academic programs of partici-
pating institutions;
(c) (1) Grants pursuant to clause (B) of paragraph (3) of sub-
section (b) may not be used to pay the costs of electronic transmission
terminals.
[p. 214]
(2) In the case of a project for the establishment and operation of a
computer network, grants may not include—
(A) the cost of operating administrative terminals or student
terminals at participating institutions; or
(B) the cost, or any participating institution's pro rata share
of the cost, of using the central computer facilities of the net-
work, except (i) such costs of systems development and program-
ing of computers and transmission costs as are necessary to make
the network operational (ii) the administrative and program
support costs of the central facilities of the network, and (Hi) the
line-access costs incurred by participating institutions,
AUTHORIZATION OF APPROPRIATIONS
SEC. 802. There is authorized to be appropriated, for grants under
section 801, $4,000,000 for the fiscal year ending June 30, 1970, and
$15,000,000 for each of the two succeeding fiscal years.
AUTHORITY FOR FREE OR REDUCED RATE COMMUNICATIONS
INTERCONNECTION SERVICES
SEC. 803. Nothing in the Communications Act of 1934, as amended,
or in any other provision of law shall be construed to prevent United
States communications common carriers from rendering, subject to
such rules and regulations as the Federal Communications Commis-
sion may prescribe, free or reduced rate communications interconnec-
tion services for interconnection systems within the purview of this
title, whether or not included in a project for which, a grant is made
under this title.
[p.215]
Title [VIII] XIII—General Provisions
DEFINITIONS
SEC. [801] 1301. As used in this Act—
(a) The term "institution of higher education" means an educa-
tional institution in any State which (1) admits as regular students
only persons having a certificate of graduation from a school providing
secondary education, or the recognized equivalent of such a certifi-
-------
STATUTES AND LEGISLATIVE HISTORY 2643
cate, (2) is legally authorized within such State to provide a program
of education beyond secondary education, (3) provides an educational
program for which it awards a bachelor's degree or provides not less
than a two-year program which is acceptable for full credit toward
such a degree, (4) is a public or other nonprofit institution, and (5) is
accredited by a nationally recognized accrediting agency or associa-
tion or, if not so accredited, (A) is an institution with respect to which
the Commissioner has determined that there is satisfactory assurance,
considering the resources available to the institution, the period of
time, if any, during which it has operated, the effort it is making to
meet accreditation standards, and the purpose for which this deter-
mination is being made, that the institution will meet the accreditation
standards of such an agency or association within a reasonable time,
or (B) is an institution whose credits are accepted, on transfer, by
not less than three institutions which are so accredited, for credit on
the same basis as if transferred from an institution so accredited.
[Such term also includes any business school or technical institution]
Such term also includes any school which provides not less than
a one-year program of training to prepare students for gainful em-
ployment in a recognized occupation and which meets the provision
of clauses (1), (2), (4), and (5). For purpose of this subsection, the
Commissioner shall publish a list of nationally recognized accrediting
agencies or associations which he determines to be reliable authority
as to the quality of training offered.
(b) The term "State" includes, in addition to the several States of
the Union, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, American Samoa, and the Virgin Islands.
[p.229]
(c) The term "nonprofit" as applied to a school, agency, organiza-
tion, or institution means a school, agency, organization, or institution
owned and operated by one or more nonprofit corporation or associa-
tions no part of the net earnings of which inures, or may lawfully
inure, the benefit of any private shareholder or individual.
(d) The term "secondary school" means a school which provides
secondary education as determined under State law except that it
does not include any education provided beyond grade 12.
(e) The term "Secretary" means the Secretary of Health, Educa-
tion, and Welfare.
(f) The term "Commissioner" means the Commissioner of Edu-
cation.
(g) The term "local educational agency" means a public board of
education or other public authority legally constituted within a State
for either administrative control or direction of, or to perform a serv-
ice function for, public elementary or secondary schools in a city,
-------
2644 LEGAL COMPILATION—WATER
county, township, school district, or other political subdivision of a
State, or such combination of school districts of counties as are rec-
ognized in a State as an administrative agency for its public elemen-
tary or secondary schools. Such term also includes any other public
institution or agency having administrative control and direction of a
public elementary or secondary school.
(h) The term "State educational agency" means the State board
of education or other agency or officer primarily responsible for the
State supervision of public elementary and secondary schools, or, if
there is no such officer or agency, an officer or agency designated by
the Governor or by State law.
(i) The term "elementary school" means a school which provides
elementary education including education below grade 1, as deter-
mined under State law.
(j) The term "combination of institutions of higher education"
means a group of institutions of higher education that have entered
into a cooperative arrangement for the purpose of carrying out a
common objective, or a public or private nonprofit agency, organiza-
tion, or institution designated or created by a group of institutions
of higher education for the purpose of carrying out a common
objective on their behalf.
(29 U.S.C. 1141) Enacted Nov. 8, 1965, P.L. 89-329, Title VIII, Sec. 801, 78 Stat.
1269.
[p. 230]
1.16b (2) HOUSE COMMITTEE ON EDUCATION AND LABOR
Hit. REP. No. 1649, 90th Cong., 2d Sess. (1968)
THE HIGHER EDUCATION AMENDMENTS OF 1968
JULY 8,1968.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. PERKINS, from the Committee on Education and Labor, submitted
the following
REPORT
[To accompany H.R. 15067]
The Committee on Education and Labor, to whom was referred the
bill (H.R. 15067) to amend the Higher Education Act of 1965, the
-------
STATUTES AND LEGISLATIVE HISTORY 2645
National Defense Education Act of 1958, the National Vocational
Student Loan Insurance Act of 1965, the Higher Education Facilities
Act of 1963, and related acts, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass. The amendment strikes out all of the bill after
the enacting clause and inserts in lieu thereof a substitute which
appears in the reported bill in italic type.
PURPOSE
This year marks the 10th anniversary of the National Defense
Education Act, the first major Federal legislation which provided
financial assistance to all levels of education. A program of grants
and loans to assist in the acquisition of instructional equipment and
a program to strengthen guidance and counseling services are among
those provisions in the 1958 act which focus on elementary and sec-
ondary education. With respect to higher education, the 1958 act
contained the landmark student loan program, a fellowship program
for prospective college teachers and a program, to strengthen instruc-
tion in modern foreign languages. During the 10-year period since
the enactment of the National Defense Education Act, additional
higher education programs have been established, including those
authorized by the Higher Education Facilities Act of 1963, the Higher
Education Act of 1965, and the National Vocational Student Loan
Insurance Act of 1965.
Over the past 10 years, the National Defense Education Act has
proven of invaluable worth to the Nation. Since 1963 and passage of
the Facilities Act, the Federal Government has assisted colleges and
universities in coping with mounting student enrollments through a
program of matching grants and loans for the construction of academic
facilities. Over the past 3 years, students and colleges, citizens and
their communities, have felt the impact of increased Federal assist-
ance to higher education through a variety of programs authorized
by the Higher Education Act of 1965.
The legislative enactments during this period have established a
comprehensive package of student assistance made up of loans, direct
grants, and work-study. Since 1958, the number of colleges and
universities participating in these student aid programs has doubled,
from 1,100 to 2,200. The dollar amount of funds provided to students
has increased tenfold, from $59 million in loans in the first full year
of the NDEA program to over $400 million in fiscal year 1968. In
the three college-based programs of NDEA loans, student employ-
ment, and educational opportunity grants, the number of students
-------
2646 LEGAL COMPILATION—WATER
served by these programs has increased nearly sevenfold over the
115,000 borrowers in the first year of the NDEA student loan program.
Of more recent establishment and in a somewhat different context
than the three institutionally based programs are the guaranteed
student loan programs. Despite rising costs of money and consequent
upward pressures on interest rates, over 796,000 guaranteed student
loans were made from the inception of the programs in November
1965 to March 1968. This is an encouraging start; however, the
volume of loans has been below that anticipated and that needed.
Today, when a broad commitment of resources is necessary to
develop more fully the Nation's educational potential, the National
Defense Education Act and the subsequent higher education acts
constitute a vital part of such a commitment. It is the purpose of
H.R. 15067 to renew and refine programs authorized under these
acts and to provide for the establishment of certain new programs to
further assist in meeting the continuing and increasing need to
strengthen and expand educational opportunity.
BACKGROUND OF THE LEGISLATION
H.R. 15067 reflects consideration of the proposals contained in, and
testimony presented in connection with, H.R. 6232, the Higher Educa-
tion Amendments of 1967, and the Higher Education Amendments of
1968, both of which were recommended by the Administration. Dur-
ing the first session of the 90th Congress, the Special Subcommittee on
Education conducted 12 days of public hearings on higher education
legislation. During the first session also, the subcommittee also
completed an extensive study of the U.S. Office of Education and the
administration of Federal aid to education programs. The study pro-
vided the subcommittee with an opportunity to analyze extensively
the operation of existing programs and how they might be improved.
H.R. 15067, as reported, reflects many of the recommendations con-
tained in the subcommittee's final report on the study, published as
House Document 193 (90th Cong., first sess.). This year, the Special
Subcommittee on Education conducted 13 days of hearings on the
Higher Education Amendments of 1968.
[p. 2]
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STATUTES AND LEGISLATIVE HISTORY 2647
1.16b(3) COMMITTEE OF CONFERENCE
H.R. REP. No. 1919, 90th Cong., 2d Sess. (1968)
HIGHER EDUCATION AMENDMENTS OF 1968
SEPTEMBER 25, 1968.—Ordered to be printed
Mr. PERKINS, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany S. 3769]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the House to the bill (S. 3769) to amend
the Higher Education Act of 1965, the National Defense Education
Act of 1958, the National Vocational Student Loan Insurance Act of
1965, the Higher Education Facilities Act of 1963, and related acts,
having met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amendment
of the House and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the House amend-
ment insert the following: That this Act, with the following table of
contents, may be cited as the "Higher Education Amendments of
1968".
[p.l]
PART F—NETWORKS FOR KNOWLEDGE
SHARING OF EDUCATIONAL AND RELATED RESOURCES AMONG
COLLEGES AND UNIVERSITIES
Sec. 251. The Higher Education Act of 1965 is amended by redes-
ignating title VIII as title XII, and sections 801 through 804 (and
references thereto however styled in such Act, or any other Act, in-
cluding such references heretofore made in this Act) as sections 1201
through 1204, respectively. The Higher Education Act of 1965 is
further amended by inserting after title VII the following new title:
[p-30]
-------
2648 LEGAL COMPILATION—WATER
"TITLE VIII—NETWORKS FOR KNOWLEDGE
"SHARING EDUCATIONAL AND RELATED RESOURCES
"Sec. 801. (a) To encourage colleges and universities to share to an
optimal extent, through cooperative arrangements, their technical and
other educational and administrative facilities and resources, and in
order to test and demonstrate the effectiveness and efficiency of a
variety of such arrangements, the Commissioner is authorized to enter
into contracts and to make project grants for all or part of the cost of
planning, developing, or carrying out such arrangements. Such grants
may be made to public or nonprofit private colleges or universities.
When in the Commissioner's judgment it will more effectively pro-
mote the purposes of this title, the Commissioner may make grants to
other established public or nonprofit private agencies or organizations,
including professional organizations or academic societies and he may
enter into contracts with established private agencies and organiza-
tions.
" (b) Projects for the planning, development, or carrying out of
such arrangements assisted under this title may, subject to the pro-
visions of subsection (c), include—
" (1) (A) joint use of facilities such as classrooms, libraries, or
laboratories, including joint use of necessary books, materials,
and equipment; or (B) affording access to specialized library
collections through preparation of interinstitutional catalogs and
through development of systems and preparation of suitable
media for electronic or other rapid transmission of materials;
" (2) establishment and joint operation of closed-circuit tele-
vision or equivalent transmission facilities (such as the instruc-
tional television fixed services) ; and
" (3) establishment and joint operation of electronic computer
networks and programs therefor, to be available to participating
institutions for such- purposes as financial and student records,
student course work, or transmission of library materials.
" (c) (1) Grants pursuant to clause (B) of paragraph (1) of sub-
section (b) may not be used to pay the costs of electronic transmission
terminals.
" (2) In the case of a project for the establishment and operation of
a computer network, grants may not include—
" (A) the cost of operating administrative terminals or student
terminals at participating institutions; or
" (B) the cost, or any participating institution's pro rata share
of the cost, of using the central computer facilities of the network,
except (i) such, costs of systems development and programing of
computers and transmission costs as are necessary to make the
-------
STATUTES AND LEGISLATIVE HISTORY 2649
network operational, (ii) the administrative and program support
tcosts of the central facilities of the network, and (Hi) the line-
access costs incurred by participating institutions.
"APPROPRIATIONS AUTHORIZED
"Sec. 802. There are authorized to be appropriated for the pur-
poses of this title (and planning and related activities in the initial
fiscal year for such purpose), $340,000 for the fiscal year ending June
30, 1969, $4,000,000 for the fiscal year ending June 30, 1970, and
$15,000,000 for the fiscal year ending June 30, 1971.
[p. 31]
"AUTHORITY FOR FREE OR REDUCED RATE COMMUNICATIONS
INTERCONNECTION SERVICES
"Sec. 803. Nothing in the Communications Act of 1934, as amended,
or in any other provision of law shall be construed to prevent United
States communications common carriers from, rendering, subject to
such rules and regulations as the Federal Communications Com-
mission may prescribe, free or reduced rate communications inter-
connection services for interconnection systems within the purview of
this title, whether or not included in a project for which a grant is
made under this title."
[p. 32]
CONFORMING DEFINITIONS OF INSTITUTION OF HIGHER EDUCATION
IN HIGHER EDUCATION ACT OF 1965 AND IN NATIONAL DEFENSE
EDUCATION ACT OF 1958
Sec. 293. (a) Section 1201 (a) of the Higher Education Act of 1965
(as so redesignated by section 251 of this Act) is amended by insert-
ing after "if not so accredited," in clause (5) the following: " (A) is an
institution with respect to which the Commissioner has determined
that there is satisfactory assurance, considering the resources available
to the institution, the period of time, if any, during which it has op-
erated, the effort it is making to meet accreditation standards, and the
purpose for which this determination is being made, that the institu-
tion will meet the accreditation standards of such an agency or as-
sociation within a reasonable time, or (B)".
(b) The second sentence of such paragraph (a) is amended by
striking out "Such term also includes any business school or tech-
nical institution" and inserting in lieu thereof "Such term also in-
cludes any school which provides not less than a one-year program
of training to prepare students for gainful employment in a 'rec-
ognized occupation and".
-------
2650 LEGAL COMPILATION—WATER
INSERTION OF DEFINITION OF "COMBINATION OF INSTITUTIONS OF
HIGHER EDUCATION" IN HIGHER EDUCATION ACT OF 1965
Sec. 294. Section 1201 of the Higher Education Act oj 1965 (as so
redesignated by section 251 of this Act) is amended by inserting at
the end thereof the following:
" (j) The term 'combination of institutions of higher education'
means a group of institutions of higher education that have en-
tered into a cooperative arrangement for the purpose of carrying
out a common objective, or a public or private nonprofit agency,
organization, or institution designated or created by a group of
institutions of higher education for the purpose of carrying out a
common objective on their behalf."
[p. 40]
PART F—NETWORKS FOR KNOWLEDGE
Recipient of grants.—The House amendment authorized contracts
with private profit funding agencies and organizations when the
Commissioner determined it will more effectively promote the pur-
poses of the program. The Senate has no comparable provision. The
Senate recedes.
Eligible projects.—The Senate bill specified the following as eligible
projects:
(1) The collection and sharing of modern curricular materials
and of information on promising developments in curriculum;
(2) the development of effective systems of processing and
maintaining financial and student records; and
(3) the expansion of faculty on a part-time or full-time basis
and other arrangements for strengthening the academic programs
of participating institutions.
The House amendment contained no comparable provisions. The
Senate recedes.
The Senate bill cited instructional television fixed services as a
type of joint operation of closed circuit television which would
qualify for support. The House recedes.
Reduced rate communications interconnection service.—The Senate
bill provided that no provision of law shall be construed to prevent
U.S. communications common carriers from rendering free or re-
duced rate communications interconnection services for intercon-
nection systems within the purview of "Networks for Knowledge",
whether or not such is included in a project for which grants are
made under the program. The conference report contains this
provision.
[p. 76]
-------
9527—EPA
STATUTES AND LEGISLATIVE HISTORY 2651
U6b(4) CONGRESSIONAL RECORD, VOL. 114 (1968)
1.16b(4) (a) July 15: Amended and passed Senate, p. 21272
[No Relevant Discussion on Pertinent Section]
1.16b(4)(b) July 25: Amended and passed House, p. 23374
[No Relevant Discussion on Pertinent Section]
1.16b(4)(c) Sept. 26: House agrees to conference report, pp. 28329,
28336-28337, 28339
[No Relevant Discussion on Pertinent Section]
1.16b(4)(d) Oct. 1: Senate agrees to conference report, pp. 28975,
28982, 28983, 28985
[No Relevant Discussion on Pertinent Section]
1.16c HIGHER EDUCATION ACT AMENDMENTS OF 1970
April 13,1970, P.L. 91-230, Title VDI, §806(b), 84 Stat. 192
SEC. 806.
(b) Section 1201 of such Act (relating to definitions) is amended
by adding at the end thereof the following new paragraph:
"(k) The term, 'gifted and talented children' means, in accordance
with objective criteria prescribed by the Commissioner, children who
have outstanding intellectual ability or creative talent."
*******
[p. 192]
-------
2652 LEGAL COMPILATION—WATER
1.16c(l) HOUSE COMMITTEE ON EDUCATION AND LABOR
H.R. KEP. No. 91-114, 91st Cong., 1st Sess. (1969)
ELEMENTARY AND SECONDARY EDUCATION
AMENDMENTS OF 1969
MARCH 24, 1969.—Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed.
Mr. PERKINS, from the Committee on Education and Labor,
submitted the following
REPORT
together with
SUPPLEMENTAL MINORITY, AND INDIVIDUAL VIEWS
[To accompany H.R. 514]
The Committee on Education and Labor, to whom was referred the
bill (H.R. 514) to extend programs of assistance for elementary and
secondary education, and for other purposes, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike out all after the enacting clause and insert the part printed
in italic as shown in the reported bill.
[p.l]
-------
STATUTES AND LEGISLATIVE HISTORY 2653
1.16c(2) SENATE COMMITTEE ON LABOR AND PUBLIC
WELFARE
S. REP. No. 91-634, 91st Cong., 2d Sess. (1970)
ELEMENTARY AND SECONDARY EDUCATION
AMENDMENTS OF 1969
JANUARY 21 (legislative day, JANUARY 19), 1970.—Ordered to be printed
Mr. PELL, from the Committee on Labor and Public Welfare,
submitted the following
REPORT
together with
SUPPLEMENTAL VIEWS
[To accompany H.R. 514]
The Committee on Labor and Public Welfare, to which was re-
ferred the bill (H.R. 514) to extend programs of assistance for el-
ementary and secondary education, and for other purposes, having
considered the same, reports favorably thereon with an amendment
and recommends that the bill, as amended, do pass. The amendment
strikes out all after the enacting clause and inserts new language in
the nature of a substitute.
[p.l]
Section 805. Provisions Related to Gifted and Talented Children
DEFINITION
Subsection (b) of section 803 amends section 1201 to add a defini-
tion of the term "gifted and talented children." Such a term means, in
accordance with objective criteria prescribed by the Commissioner,
children who have outstanding intellectual ability or creative talent
the development of which requires special activities or services not
ordinarily provided by local educational agencies.
[p. 202]
-------
2654 LEGAL COMPILATION—WATER
1.16c(3) COMMITTEE OF CONFERENCE
H.R. REP. No. 91-937, 91st Cong., 2d Sess. (1970)
ELEMENTARY AND SECONDARY EDUCATION
AMENDMENTS OF 1969
MARCH 24, 1970.—Ordered to be printed
Mr. PERKINS, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 514]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 514) to ex-
tend programs of assistance for elementary and secondary education,
and for other purposes, having met, after full and free conference,
have agreed to recommend and do recommend to their respective
Houses as follows:
That the House recede from its disagreement to the amendment of
the Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following:
****** *
[p-1]
PROVISIONS RELATED TO GIFTED AND TALENTED CHILDREN
Sec. 806.
(b) Section 1201 of such Act (relating to definitions) is amended
by adding at the end thereof the following new paragraph:
" (k) The term 'gifted and talented children means, in accordance
with objective criteria prescribed by the Commissioner, children who
have outstanding intellectual ability or creative talent."
[p. 79]
-------
STATUTES AND LEGISLATIVE HISTORY 2655
1.16c(4) CONGRESSIONAL RECORD
1.16c(4)(a) Vol. 115 (1969), April 23: Considered and passed House,
p. 10098
[No Relevant Discussion on Pertinent Section]
1.16c(4)(b) Vol. 116 (1970), Feb. 19: Amended and passed Senate,
p. 4141
[No Relevant Discussion on Pertinent Section]
1.16c(4)(c) Vol. 116 (1970), April 1: Senate agreed to conference
report, p. 9999
[No Relevant Discussion on Pertinent Section]
1.16c(4)(d) Vol. 116 (1970), April 7: House agreed to conference
report, p. 10623
[No Relevant Discussion on Pertinent Section]
-------
2656 LEGAL COMPILATION—WATER
1.17 NATIONAL ENVIRONMENTAL POLICY ACT OF 1969
42 U.S.C. §4321 et seq. (1970)
[Referred to in 33 U.S.C. §1165a(a), (b)]
(See, "General 1.2a-1.2a (4) (e)" for legislative history)
Sec.
4321. Congressional declaration of purpose.
SUBCHAPTER I.—POLICIES AND GOALS
4331. Congressional declaration of national environmental policy.
4432. Cooperation of agencies; reports; availability of information; recom-
mendations; international and national coordination of efforts. .
4333. Conformity of administrative procedures to national environmental
policy.
4334. Other statutory obligations of agencies.
4335. Efforts supplemental to existing authorizations.
SUBCHAPTER II.—COUNCIL ON ENVIRONMENTAL QUALITY
4341. Reports to Congress; recommendations for legislation.
4342. Establishment; membership; Chairman; appointments.
4343. Employment of personnel, experts and consultants.
4344. Duties and functions.
4345. Consultation with the Citizen's Advisory Committee on Environmental
Quality and other representatives.
4346. Tenure and compensation of members.
4347. Authorization of appropriations.
§ 4321. Congressional declaration of purpose
The purposes of this chapter are: To declare a national policy
which will encourage productive and enjoyable harmony between
man and his environment; to promote efforts which will prevent
or eliminate damage to the environment and biosphere and stimu-
late the health and welfare of man; to enrich the understanding of
the ecological systems and natural resources important to the Na-
tion ; and to establish a Council on Environmental Quality.
Pub.L. 91-190, § 2, Jan. 1,1970, 83 Stat. 852.
SUBCHAPTER I.—POLICIES AND GOALS
§ 4331. Congressional declaration of national environmental
policy
(a) The Congress, recognizing the profound impact of man's
activity on the interrelations of all components of the natural
environment, particularly the profound influences of population
growth, high-density urbanization, industrial expansion, resource
exploitation, and new and expanding technological advances and
recognizing further the critical importance of restoring and main-
taining environmental quality to the overall welfare and develop-
ment of man, declares that it is the continuing policy of the Fed-
-------
STATUTES AND LEGISLATIVE HISTORY 2657
eral Government, in cooperation with State and local governments,
and other concerned public and private organizations, to use all
practicable means and measures, including financial and technical
assistance, in a manner calculated to foster and promote the gen-
eral welfare, to create and maintain conditions under which man
and nature can exist in productive harmony, and fulfill the social,
economic, and other requirements of present and future genera-
tions of Americans.
(b) In order to carry out the policy set forth in this chapter, it
is the continuing responsibility of the Federal Government to use
all practicable means, consistent with other essential considera-
tions of national policy, to improve and coordinate Federal plans,
functions, programs, and resources to the end that the Nation
may—
(1) fulfill the responsibilities of each generation as trustee
of the environment for succeeding generations;
(2) assure for all Americans safe, healthful, productive,
and esthetically and culturally pleasing surroundings;
(3) attain the widest range of beneficial uses of the envi-
ronment without degradation, risk to health or safety, or
other undesirable and unintended consequences;
(4) preserve important historic, cultural, and natural as-
pects of our national heritage, and maintain, wherever possi-
ble, an environment which supports diversity and variety of
individual choice;
(5) achieve a balance between population and resource use
which will permit high standards of living and a wide sharing
of life's amenities; and
(6) enhance the quality of renewable resources and ap-
proach the maximum attainable recycling of depletable re-
sources.
(c) The Congress recognizes that each person should enjoy a
healthful environment and that each person has a responsibility to
contribute to the preservation and enhancement of the envir-
ronment.
Pub.L. 91-190, Title I, § 101, Jan. 1, 1970, 83 Stat. 852.
§ 4332. Cooperation of agencies; reports; availability of infor-
mation; recommendations; international and national coordination
of efforts
The Congress authorizes and directs that, to the fullest extent
possible: (1) the policies, regulations, and public laws of the Un-
ited States shall be interpreted and administered in accordance
with the policies set forth in this chapter, and (2) all agencies of
-------
2658 LEGAL COMPILATION—WATER
the Federal Government shall—
(A) utilize a systematic, interdisciplinary approach which
will insure the integrated use of the natural and social sci-
ences and the environmental design arts in planning and in
decisionmaking which may have an impact on man's environ-
ment;
(B) identify and develop methods and procedures, in con-
sultation with the Council on Environmental Quality estab-
lished by subchapter II of this chapter, which will insure that
presently unqualified environmental amenities and values
may be given appropriate consideration in decisionmaking
along with economic and technical considerations;
(C) include in every recommendation or report on propor-
als for legislation and other major Federal actions signifi-
cantly affecting the quality of the human environment, a de-
tailed statement by the responsible official on—
(i) the environmental impact of the proposed action,
(ii) any adverse environmental effects which cannot
be avoided should the proposal be implemented,
(iii) alternatives to the proposed action,
(iv) the relationship between local short-term uses of
man's environment and the maintenance and enhance-
ment of long-term productivity, and
(v) any irreversible and irretrievable commitments of
resources which would be involved in the proposed action
should it be implemented.
Prior to making any detailed statement, the responsible Fed-
eral official shall consult with and obtain the comments of any
Federal agency which has jurisdiction by law or special ex-
pertise with respect to any environmental impact involved.
Copies of such statement and the comments and views of the
appropriate Federal, State, and local agencies, which are au-
thorized to develop and enforce environmental standards,
shall be made available to the President, the Council on Envi-
ronmental Quality and to the public as provided by section
552 of Title 5, and shall accompany the proposal through the
existing agency review processes;
(D) study, develop, and describe appropriate alternatives
to recommended courses of action in any proposal which in-
volves unresolved conflicts concerning alternative uses of
available resources;
(E) recognize the worldwide and long-range character of
environmental problems and, where consistent with the for-
eign policy of the United States, lend appropriate support to
-------
STATUTES AND LEGISLATIVE HISTORY 2659
initiatives, resolutions, and programs designed to maximize
international cooperation in anticipating and preventing a
decline in the quality of mankind's world environment;
(F) make available to States, counties, municipalities, in-
stitutions, and individuals, advice and information useful in
restoring, maintaining, and enhancing the quality of the envi-
ronment ;
(G) initiate and utilize ecological information in the plan-
ning and development of resource-oriented projects; and
(H) assist the Council on Environmental Quality estab-
lished by subchapter II of this chapter.
Pub.L. 91-190, Title I, § 102, Jan. 1,1970, 83 Stat. 853.
§ 4333. Conformity of administrative procedures to national
environmental policy
All agencies of the Federal Government shall review their pres-
ent statutory authority, administrative regulations, and current
policies and procedures for the purpose of determining whether
there are any deficiencies or inconsistencies therein which prohibit
full compliance with the purposes and provisions of this chapter
and shall propose to the President not later than July 1,1971, such
measures as may be necessary to bring their authority and policies
into conformity with the intent, purposes, and procedures set
forth in this chapter.
Pub.L. 91-190, Title I, § 103, Jan. 1,1970, 83 Stat. 854.
§ 4334. Other statutory obligations of agencies
Nothing in section 4332 or 4333 of this title shall in any way
affect the specific statutory obligations of any Federal agency (1)
to comply with criteria or standards of environmental quality, (2)
to coordinate or consult with any other Federal or State agency,
or (3) to act, or refrain from acting contingent upon the recom-
mendations or certification of any other Federal or State agency.
Pub.L. 91-190, Title I,§ 104, Jan. 1, 1970, 83 Stat. 854.
§ 4335. Efforts supplemental to existing authorizatons
The policies and goals set forth in this chapter are supplemen-
tary to those set forth in existing authorizations of Federal agen-
cies.
Pub.L. 91-190, Title I, § 105, Jan. 1,1970,83 Stat. 854.
SUBCHAPTER II.—COUNCIL ON ENVIRONMENTAL QUALITY
§ 4341. Reports to Congress; recommendations for legislation
The President shall transmit to the Congress annually begin-
ning July 1, 1970, an Environmental Quality Report (hereinafter
-------
2660 LEGAL COMPILATION—WATER
referred to as the "report") which shall set forth (1) the status
and condition of the major natural, manmade, or altered environ-
mental classes of the Nation, including, but not limited to, the air,
the aquatic, including marine, estuarine, and fresh water, and the
terrestrial environment, including, but not limited to, the forest,
dryland, wetland, range, urban, suburban, and rural environment;
(2) current and foreseeable trends in the quality, management
and utilization of such environments and the effects of those
trends on the social, economic, and other requirements of the Na-
tion; (3) the adequacy of available natural resources for fulfilling
human and economic requirements of the Nation in the light of
expected population pressures; (4) a review of the programs and
activities (including regulatory activities) of the Federal Govern-
ment, the State and local governments, and nongovernmental enti-
ties or individuals, with particular reference to their effect on the
environment and on the conservation, development and utilization
of natural resources; and (5) a program for remedying the defi-
ciencies of existing programs and activities, together with recom-
mendations for legislation.
Pub.L. 91-190, Title II, § 201, Jan. 1,1970, 83 Stat. 854.
§ 4342. Establishment; membership; Chairman; appointments
There is created in the Executive Office of the President a Coun-
cil on Environmental Quality (hereinafter referred to as the
"Council"). The Council shall be composed of three members who
shall be appointed by the President to serve at his pleasure, by and
with the advice and consent of the Senate. The President shall
designate one of the members of the Council to serve as Chairman.
Each member shall be a person who, as a result of his training,
experience, and attainments, is exceptionally well qualified to ana-
lyze and interpret environmental trends and information of all
kinds; to appraise programs and activities of the Federal Govern-
ment in the light of the policy set forth in subchapter I of this
chapter; to be conscious of and responsive to the scientific, eco-
nomic, social, esthetic, and cultural needs and interests of the
Nation; and to formulate and recommend national policies to pro-
mote the improvement of the quality of the environment.
Pub.L. 91-190, Title II, § 202, Jan. 1,1970, 83 Stat. 854.
§ 4343. Employment of personnel, experts and consultants
The Council may employ such officers and employees as may be
necessary to carry out its functions under this chapter. In addi-
tion, the Council may employ and fix the compensation of such
experts and consultants as may be necessary for the carrying out
of its functions under this chapter, in accordance with section
-------
STATUTES AND LEGISLATIVE HISTORY 2661
3109 of Title 5 (but without regard to the last sentence thereof).
Pub.L. 91-190, Title II, § 203, Jan. 1,1970, 83 Stat. 855.
§ 4344. Duties and functions
It shall be the duty and function of the Council—
(1) to assist and advise the President in the preparation of
the Environmental Quality Report required by section 4341 of
this title;
(2) to gather timely and authoritative information con-
cerning the conditions and trends in the quality of the envi-
ronment both current and prospective, to analyze and inter-
pret such information for the purpose of determining
whether such conditions and trends are interfering, or are
likely to interfere, with the achievement of the policy set
forth in subchapter I of this chapter, and to compile and
submit to the President studies relating to such conditions
and trends;
(3) to review and appraise the various programs and activ-
ities of the Federal Government in the light of the policy set
forth in subchapter I of this chapter for the purpose of deter-
mining the extent to which such programs and activities are
contributing to the achievement of such policy, and to make
recommendations to the President with respect thereto;
(4) to develop and recommend to the President national
policies to foster and promote the improvement of environ-
mental quality to meet the conservation, social, economic,
health, and other requirements and goals of the Nation;
(5) to conduct investigations, studies, surveys, research,
and analyses relating to ecological systems and environmental
quality;
(6) to document and define changes in the natural environ-
ment, including the plant and animal systems, and to accumu-
late necessary data and other information for a continuing
analysis of these changes or trends and an interpretation of
their underlying causes ;
(7) to report at least once each year to the President on the
state and condition of the environment; and
(8) to make and furnish such studies, reports thereon, and
recommendations with respect to matters of policy and legis-
lation as the President may request.
Pub.L. 91-190, Title II, § 204, Jan. 1,1970, 83 Stat. 855.
§ 4345. Consultation with the Citizen's Advisory Committee on
Environmental Quality and other representatives
-------
2662 LEGAL COMPILATION—WATER
In exercising its powers, functions, and duties under this chap-
ter, the Council shall—
(1) consult with the Citizens' Advisory Committee on En-
vironmental Quality established by Executive Order num-
bered 11472, dated May 29, 1969, and with such representa-
tives of science, industry, agriculture, labor, conservation or-
ganizations, State and local governments and other groups, as
it deems advisable; and
(2) utilize, to the fullest extent possible, the services, facili-
ties, and information (including statistical information) of
public and private agencies and organizations, and individu-
als, in order that duplication of effort and expense may be
avoided, thus assuring that the Council's activities will not
unnecessarily overlap or conflict with similar activities au-
thorized by law and performed by established agencies.
Pub.L. 91-190, Title II, § 205, Jan. 1,1970, 83 Stat. 855.
§ 4346. Tenure and compensation of members
Members of the Council shall serve full time and the Chairman
of the Council shall be compensated at the rate provided for Level
II of the Executive Schedule Pay Rates. The other members of the
Council shall be compensated at the rate provided for Level IV or
the Executive Schedule Pay Rates.
Pub.L. 91-190, Title II, § 206, Jan. 1,1970, 83 Stat. 856.
§ 4347. Authorization of appropriations
There are authorized to be appropriated to carry out the provi-
sions of this chapter not to exceed $300,000 for fiscal year 1970,
$700,000 for fiscal year 1971, and $1,000,000 for each fiscal year
thereafter.
Pub.L. 91-190, Title II, § 207, Jan. 1, 1970, 83 Stat. 856.
-------
STATUTES AND LEGISLATIVE HISTORY 2663
1.18 PUBLIC HEALTH SERVICE ACT, AS AMENDED
42 U.S.C. §§241, 243, 246 (1970)
(See, "General 1.12a-1.12ae (3) (c)" for legislative history)
§ 241. Research and investigations generally
The Surgeon General shall conduct in the Service, and encour-
age, cooperate with, and render assistance to other appropriate
public authorities, scientific institutions, and scientists in the con-
duct of, and promote the coordination of, research, investigations,
experiments, demonstrations, and studies relating to the causes,
diagnosis, treatment, control, and prevention of physical and
mental diseases and impairments of man, including water puri-
fication, sewage treatment, and pollution of lakes and streams. In
carrying out the foregoing the Surgeon General is authorized to—
(a) Collect and make available through publications and other
appropriate means, information as to, and the practical applica-
tion of, such research and other activities;
(b) Make available research facilities of the Service to appro-
priate public authorities, and to health officials and scientists
engaged in special study;
(c) Establish and maintain research fellowships in the Service
with such stipends and allowances, including traveling and sub-
sistence expenses, as he may deem necessary to procure the
assistance of the most brilliant and promising research fellows
from the United States and abroad;
(d) Make grants-in-aid to universities, hospitals, laboratories,
and other public or private institutions, and to individuals for
such research or research training projects as are recommended
by the National Advisory Health Council, or, with respect to
cancer, recommended by the National Advisory Cancer Council,
or, with respect to mental health, recommended by the National
Advisory Mental Health Council, or, with respect to heart
diseases, recommended by the National Advisory Heart Council,
or, with respect to dental diseases and conditions, recommended
by the National Advisory Dental Research Council; and include
in the grants for any such project grants of penicillin and other
antibiotic compounds for use in such project; and make, upon
recommendation of the National Advisory Health Council, grants-
in-aid to public or nonprofit universities, hospitals, laboratories,
and other institutions for the general support of their research
and research training programs: Provided, That such uniform
percentage, not to exceed 15 per centum, as the Surgeon General
may determine, of the amounts provided for grants for research
or research training projects for any fiscal year through the
appropriations for the National Institutes of Health may be
-------
2664 LEGAL COMPILATION—WATER
transferred from such appropriations to a separate account to be
available for such research and research training program
grants-in-aid for such fiscal year;
\e) Secure from time to time and for such periods as he
deems advisable, the assistance and advice of experts, scholars,
and consultants from the United States or abroad;
(f) For purposes of study, admit and treat at institutions,
hospitals, and stations of the Service, persons not otherwise eligi-
ble for such treatment;
(g) Make available, to health officials, scientists, and appropri-
ate public and other nonprofit institutions and organizations,
technical advice and assistance on the application of statistical
methods to experiments, studies, and surveys in health and medi-
cal fields;
(h) Enter into contracts during the fiscal year ending June 30,
1966, and each of the eight succeeding fiscal years, including
contracts for research in accordance with and subject to the
provisions of law applicable to contracts entered into by the
military departments under sections 2353 and 2354 of Title 10,
except that determination, approval, and certification required
thereby shall be by the Secretary of Health, Education, and
Welfare; and
(i) Adopt, upon recommendation of the National Advisory
Health Council, or, with respect to cancer, upon recommendation
of the National Advisory Cancer Council, or, with respect to
mental health, upon recommendation of the National Advisory
Mental Health Council, or, with respect to heart diseases, upon
recommendation of the National Advisory Heart Council, or, with
respect to dental diseases and conditions, upon recommendations
of the National Advisory Dental Research Council, such addi-
tional means as he deems necessary or appropriate to carry out
the purposes of this section.
July 1, 1944, c. 373, Title III, § 301, 58 Stat. 691; July 3, 1946,
c. 538, § 7(a, b), 60 Stat. 423; June 16, 1948, c. 481, § 4(e, f),
62 Stat. 467; June 24, 1948, c. 621, § 4(e, f), 62 Stat. 601; June
25, 1948, c. 654, § 1, 62 Stat. 1017; July 3, 1956, c. 510, § 4, 70
Stat. 490; Sept. 15, 1960, Pub.L. 86-798, 74 Stat. 1053; Oct.
17, 1962, Pub.L. 87-838, § 2, 76 Stat. 1073; Aug. 9, 1965, Pub.L.
89-115, § 3, 79 Stat. 448; Dec. 5, 1967, Pub.L. 90-174, § 9, 81
Stat. 540; and amended Oct. 30, 1970, Pub.L. 91-515, Title II,
§ 292, 84 Stat. 1308.
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STATUTES AND LEGISLATIVE HISTORY 2665
Part B.—Federal-State Cooperation
§ 243. General grant of authority for cooperation—Enforce-
ment of quarantine regulations; prevention of communicable
diseases
(a) The Secretary is authorized to accept from State and local
authorities any assistance in the enforcement of quarantine regu-
lations made pursuant to this chapter which such authorities may
be able and willing to provide. The Secretary shall also assist
States and their political subdivisions in the prevention and sup-
pression of communicable diseases, shall cooperate with and aid
State and local authorities in the enforcement of their quarantine
and other health regulations and in carrying out the purposes
specified in section 246 of this title, and shall advise the several
States on matters relating to the preservation and improvement
of the public health.
Comprehensive and continuing1 planning; training of
personnel for State and local health work
(b) The Secretary shall encourage cooperative activities
between the States with respect to comprehensive and continuing
planning as to their current and future health needs, the estab-
lishment and maintenance of adequate public health services, and
otherwise carrying out the purposes of section 246 of this title.
The Secretary is also authorized to train personnel for State and
local health work.
Problems resulting from disasters; emergencies;
reimbursement of United States
(c) The Secretary may enter into agreements providing for
cooperative planning between Public Health Service medical facil-
ities and community health facilities to cope with health problems
resulting from disasters, and for participation by Public Health
Service medical facilities in carrying out such planning. He may
also, at the request of the appropriate State or local authority,
extend temporary (not in excess of forty-five days) assistance to
States or localities in meeting health emergencies of such a
nature as to warrant Federal assistance. The Secretary may
require such reimbursement of the United States for aid (other
than planning) under the preceding sentences of this subsection
as he may determine to be reasonable under the circumstances.
Any reimbursement so paid shall be credited to the applicable
appropriation of the Public Health Service for the year in which
such reimbursement is received.
July 1, 1944, c. 373, Title III, § 311, 58 Stat. 693; Nov. 3, 1966,
Pub.L. 89-749, § 5, 80 Stat. 1190; Dec. 5, 1967, Pub.L. 90-174,
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2666 LEGAL COMPILATION—WATER
§ 4, 81 Stat. 536; and amended Oct. 30, 1970, Pub.L. 91-515,
Titte-II, § 282, 84 Stat. 1308.
§ 246. Grants and services to States—Comprehensive health
planning and services
(a) (1) In order to assist the States in comprehensive and
continuing planning for their current and future health needs,
the Secretary is authorized during the period beginning July 1,
1966, and ending June 30, 1973, to make grants to States which
have submitted, and had approved by the Secretary, State plans
for comprehensive State health planning. For the purposes of
carrying out this subsection, there are hereby authorized to be
appropriated $2,500,000 for the fiscal year ending June 30, 1967,
$7,000,000 for the fiscal year ending June 30, 1968, $10,000,000
for the fiscal year ending June 30, 1969, $15,000,000 for the fiscal
year ending June 30, 1970, $15,000,000 for the fiscal year ending
June 30, 1971, $17,000,000 for the fiscal year ending June 30,
1972, and $20,000,000 for the fiscal year ending June 30, 1973.
(2) In order to be approved for purposes of this subsection,
a State plan for comprehensive State health planning must—
(A) designate, or provide for the establishment of, a sin-
gle State agency, which may be an interdepartmental agency,
as the sole agency for administering or supervising the
administration of the State's health planning functions under
the plan;
(B) provide for the establishment of a State health plan-
ning council, which shall include representatives of Federal,
State, and local agencies (including as an ex officio member,
if there is located in such State one or more hospitals or
other health care facilities of the Veterans' Administration,
the individual whom the Administrator of Veterans' Affairs
shall have designated to serve on such council as the repre-
sentative of the hospitals or other health care facilities of
such Administration which are located in such State) and
nongovernmental organizations and groups concerned with
health, (including representation of the regional medical pro-
gram or programs included in whole or in part within the
State) and of consumers of health services, to advise such
State agency in carrying out its functions under the plan,
and a majority of the membership of such council shall con-
sist of representatives of consumers of health services;
(C) set forth policies and procedures for the expenditure
of funds under the plan, which, in the judgment of the Secre-
tary are designed to provide for comprehensive State plan-
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STATUTES AND LEGISLATIVE HISTORY 2667
ning for health services (both public and private) and includ-
ing home health care, including the facilities and persons
required for the provision of such services, to meet the health
needs of the people of the State and including environmental
considerations as they relate to public health;
(D) provide for encouraging cooperative efforts among
governmental or nongovernmental agencies, organizations
and groups concerned with health services, facilities, or man-
power, and for cooperative efforts between such agencies,
organizations, and groups and similar agencies, organiza-
tions, and groups in the fields of education, welfare, and
rehabilitation ;
(E) contain or be supported by assurances satisfactory to
the Secretary that the funds paid under this subsection will
be used to supplement and, to the extent practicable, to
increase the level of funds that would otherwise be made
available by the State for the purpose of comprehensive
health planning and not to supplant such non-Federal funds;
(F) provide such methods of administration (including
methods relating to the establishment and maintenance of
personnel standards on a merit basis, except that the Secre-
tary shall exercise no authority with respect to the selection,
tenure of office, and compensation of any individual employed
in accordance with such methods) as are found by the Secre-
tary to be necessary for the proper and efficient operation of
the plan;
(G) provide that the State agency will make such reports,
in such form and containing1 such information, as the Secre-
tary may from time to time reasonably require, and will
keep such records and afford such access thereto as the
Secretary finds necessary to assure the correctness and veri-
fication of such reports;
(H) provide that the State agency will from time to time,
but not less often than annually, review its State plan
approved under this subsection and submit to the Secretary
appropriate modifications thereof;
(I) effective July 1, 1968, (i) provide for assisting each
health care facility in the State to develop a program for
capital expenditures for replacement, modernization, and
expansion which is consistent with an overall State plan
developed in accordance with criteria established by the Sec-
retary after consultation with the State which will meet
the needs of the State for health care facilities, equipment,
and services without duplication and otherwise in the most
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2668 LEGAL COMPILATION—WATER
efficient and economical manner, and (ii) provide that the
State agency furnishing such assistance will periodically
review the program (developed pursuant to clause (i)) of
each health care facility in the State and recommend appro-
priate modification thereof;
(J) provide for such fiscal control and fund accounting
procedures as may be necessary to assure proper disburse-
ment of and accounting for funds paid to the State under
this subsection; and
(K) contain such additional information and assurances
as the Secretary may find necessary to carry out the purposes
of this subsection.
(3) (A) From the sums appropriated for such purpose for
each fiscal year, the several States shall be entitled to allotments
determined, in accordance with regulations, on the basis of the
population and the per capita income of the respective States;
except that no such allotment to any State for any fiscal year
shall be less than 1 per centum of the sum appropriated for such
fiscal year pursuant to paragraph (1). Any such allotment to a
State for a fiscal year shall remain available for obligation by the
State, in accordance with the provisions of this subsection and
the State's plan approved thereunder, until the close of the suc-
ceeding fiscal year.
(B) The amount of any allotment to a State under subpara-
graph (A) for any fiscal year which the Secretary determines
will not be required by the State, during the period for which
it is available, for the purpose for which allotted shall be avail-
able for reallotment by the Secretary from time to time, on such
date or dates as he may fix, to other States with respect to which
such a determination has not been made, in proportion to the
original allotments to such States under subparagraph (A) for
such fiscal year, but with such proportionate amount for any
of such other States being reduced to the extent it exceeds the
sum the Secretary estimates such State needs and will be able to
use during such period; and the total of such reductions shall be
similarly reallotted among the States whose proportionate
amounts were not so reduced. Any amount so realloted to a State
from funds appropriated pursuant to this subsection for a fiscal
year shall be deemed part of its allotment under subparagraph
(A) for such fiscal year.
(4) From each State's allotment for a fiscal year under this
subsection, the State shall from time to time be paid the Federal
share of the expendtiures incurred during that year or the suc-
section. Such payments shall be made on the basis of estimates
-------
STATUTES AND LEGISLATIVE HISTORY 2669
by the Secretary of the sums the State will need in order to per-
form the planning under its approved State plan under this sub-
section, but with such adjustments as may be necessary to take
account of previously made underpayments or overpayments.
The "Federal share" for any State for purposes of this subsection
shall be all, or such part as the Secretary may determine, of the
cost of such planning, except that in the case of the allotments
for the fiscal year ending June 30, 1970, it shall not exceed 75
per centum of such cost.
Project grants for areawide health planning; authorization of
appropriations; prerequisites for grants; application; contents
(b) (1) (A) The Secretary is authorized, during the period
beginning July 1, 1966, and ending June 30, 1973, to make, with
the approval of the State agency administering or supervising
the administration of the State plan approved under subsection
(a) of this section, project grants to any other public or nonprofit
private agency or organization (but with appropriate representa-
tion of the interests of local government where the recipient of
the grant is not a local government or combination thereof on an
agency of such government or combination) to cover not to
exceed 75 per centum of the cost of projects for developing (and
from time to time revising) comprehensive regional, metropolitan
area, or other local area plans for coordination of existing and
planned health services, including the facilities and persons
required for provision of such services; and including the provi-
sion of such services through home health care except that in the
case of project grants made in any State prior to July 1, 1968,
approval of such State agency shall be required only if such State
has such a State plan in effect at the time of such grants. No
grant may be made under this subsection after June 30, 1970,
to any agency or organization to develop or revise health plans
for an area unless the Secretary determines that such agency or
organization provides means for appropriate representation of
the interests of the hospitals, other health care facilities, and
practicing physicians serving such area, and the general public.
For the purposes of carrying out this subsection, there are hereby
authorized to be appropriated $5,000,000 for the fiscal year end-
ing June 30, 1967, $7,500,000 for the fiscal year ending June
30, 1968, $10,000,000 for the fiscal year ending June 30, 1969,
$15,000,000 for the fiscal year ending June 30, 1970, $20,000,000
for the fiscal year ending June 30, 1971, $30,000,000 for the fiscal
year ending June 30, 1972, and $40,000,000 for the fiscal year
ending June 30, 1973.
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2670 LEGAL COMPILATION—WATER
(B) Project grants may be made by the Secretary under sub-
paragraph (A) to the State agency administering or supervising
the administration of the State plan approved under subsection
(a) of this section with respect to a particular region or area,
but only if (i) no application for such a grant with respect to
such region or area has been filed by any other agency or orga-
nization qualified to receive such a grant, and (ii) such State
agency certifies, and the Secretary finds, that ample opportunity
has been afforded to qualified agencies and organizations to file
application for such a grant with respect to such region or area
and that it is improbable that, in the foreseeable future, any
agency or organization which is qualified for such a grant will
file application therefor.
(2) (A) In order to be approved under this subsection, an
application for a grant under this subsection must contain or be
supported by reasonable assurances that there has been or will
be established, in or for the area with respect to which such
grant is sought, an areawide health planning council. The mem-
bership of such council shall include representatives of public,
voluntary, and nonprofit private agencies, institutions, and orga-
nizations concerned with health (including representatives of the
interests of local government, of the regional medical program
for such area, and of consumers of health services). A majority
of the members of such council shall consist of representatives of
consumers of health services.
(B) In addition, an application for a grant under this subsec-
tion must contain or be supported by reasonable assurances that
the areawide health planning agency has made provision for
assisting health care facilities in its area to develop a program
for capital expenditures for replacement, modernization, and
expansion which is consistent with an overall State plan which
will meet the needs of the State and the area for health care
facilities, equipment, and services without duplication and other-
wise in the most efficient and economical manner.
Project grants for training, studies, and demonstrations;
authorization of appropriations
(c) The Secretary is also authorized, during the period begin-
ning July 1, 1966, and ending June 30, 1973, to make grants to
any public or nonprofit private agency, institution, or other orga-
nization to cover all or any part of the cost of projects for train-
ing, studies, or demonstrations looking toward the development
of improved or more effective comprehensive health planning
throughout the Nation. For the purposes of carrying out this
subsection, there are hereby authorized to be appropriated
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STATUTES AND LEGISLATIVE HISTORY 2671
$1,500,000 for the fiscal year ending June 30, 1967, $2,500,000
for the fiscal year ending June 30, 1968, $5,000,000 for the fiscal
year ending June 30, 1969, $7,500,000 for the fiscal year ending
June 30, 1970, $8,000,000 for the fiscal year ending June 30, 1971,
$10,000,000 for the fiscal year ending June 30, 1972, and
$12,000,000 for the fiscal year ending June 30, 1973.
Grants for comprehensive public health services; authorization of appropria-
tions State plans; allotments; payments to States; Federal share; allocation
of funds
(d) (1) There are authorized to be appropriated $70,000,000
for the fiscal year ending June 30, 1968, $90,000,000 for the fiscal
year ending June 30, 1969, $100,000,000 for the fiscal year ending
June 30, 1970, $130,000,000 for the fiscal year ending June 30,
1971, $145,000,000 for the fiscal year ending June 30, 1972, and
$165,000,000 for the fiscal year ending June 30, 1973, to enable
the Secretary to make grants to State health or mental health
authorities to assist the States in establishing and maintaining
adequate public health services, including the training of per-
sonnel for State and local health work. The sums so appropri-
ated shall be used for making payments to States which have
submitted, and had approved by the Secretary, State plans for
provision of public health services, except that, for any fiscal
year ending after June 30, 1968, such portion of such sums as
the Secretary may determine, but not exceeding 1 per centum
thereof, shall be available to the Secretary for evaluation
(directly or by grants or contracts) of the program authorized
by this subsection and the amount available for allotments here-
under shall be reduced accordingly.
(2) In order to be approved under this subsection, a State
plan for provision of public health services must—
(A) provide for administration or supervision of admin-
istration by the State health authority or, with respect to
mental health services, the State mental health authority;
(B) set forth the policies and procedures to be followed
in the expenditure of the funds paid under this subsection;
(C) contain or be supported by assurances satisfactory to
the Secretary that (i) the funds paid to the State under this
subsection will be used to make a significant contribution
toward providing and strengthening public health services in
the various political subdivisions in order to improve the
health of the people; (ii) such funds will be made available
to other public or nonprofit private agencies, institutions,
and organizations, in accordance with criteria which the
Secretary determines are designed to secure maximum par-
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2672 LEGAL COMPILATION—WATER
ticipatioh of local, regional, or metropolitan agencies and
groups in the provision of such services; (iii) such funds
will be used to supplement and, to the extent practical, to
increase the level of funds that would otherwise be made
available for the purposes for which the Federal funds are
provided and not to supplant such non-Federal funds; and
(iv) the plan is compatible with the total health program
of the State;
(D) provide for the furnishing of public health services
under the State plan in accordance with such plans as have
been developed pursuant to subsection (a) of this section;
(E) provide that public health services furnished under
the plan will be in accordance with standards prescribed by
regulations, including standards as to the scope and quality
of such services;
(F) provide such methods of administration (including
methods relating to the establishment and maintenance of
personnel standards on a merit basis, except that the Secre-
tary shall exercise no authority with respect to the selection,
tenure of office, and compensation of any individual employed
in accordance with such methods) as are found by the Sec-
retary to be necessary for the proper and efficient operation
of the plan;
(G) provide that the State health authority or, with
respect to mental health services, the State mental health
authority, will from time to time, but not less often than
annually, review and evaluate its State plan approved under
this subsection and submit to the Secretary appropriate
modifications thereof;
(H) provide that the State health authority or, with
respect to mental health services, the State mental health
authority, will make such reports, in such form and contain-
ing such information, as the Secretary may from time to
time reasonably require, and will keep such records and
afford such access thereto as the Secretary finds necessary
to assure the correctness and verification of such reports;
(I) provide for such fiscal control and fund accounting
procedures as may be necessary to assure the proper dis-
bursement of and accounting for funds paid to the State
under this subsection;
(J) contain such additional information and assurances as
the Secretary may find necessary to carry out the purposes
of this subsection;
-------
STATUTES AND LEGISLATIVE HISTORY 2673
(K) provide for services for the prevention and treatment
of drug abuse and drug dependence, commensurate with the
extent of the problem; and
(L) provide for services for the prevention and treatment
of alcohol abuse and alcoholism, commensurate with the
extent of the problem.
(3) From the sums appropriated to carry out the provisions
of this subsection the several States shall be entitled for each
fiscal year to allotments determined, in accordance with regula-
tions, on the basis of the population and financial need of the
respective States, except that no State's allotment shall be less
for any year than the total amounts allotted to such State under
formula grants for cancer control, plus other allotments under
this section, for the fiscal year ending June 30, 1967.
(4) (A) From each State's allotment under this subsection for
a fiscal year, the State shall be paid the Federal share of the
expenditures incurred during such year under its State plan
approved under this subsection. Such payments shall be made
from time to time in advance on the basis of estimates by the
Secretary of the sums the State will expend under the State
plan, except that si^ch adjustments as may be necessary shall be
made on account of previously made underpayments or over-
payments under this subsection.
(B) For the purpose of determining the Federal share for
any State, expenditures by nonprofit private agencies, organiza-
tions, and groups shall, subject to such limitations and conditions
as may be prescribed by regulations, be regarded as expendi-
tures by such State or a political subdivision thereof.
(5) The "Federal share" for any State for purposes of this
subsection shall be 100 per centum less that percentage which
bears the same ratio to 50 per centum as the per capita income
of such State bears to the per capital income of the United States;
except that in no case shall such percentage be less than 33V^
per centum or more than 66% per centum, and except that the
Federal share for the Commonwealth of Puerto Rico, Guam,
American Samoa, the Trust Territory of the Pacific Islands, and
the Virgin Islands shall be 66% per centum.
(6) The Federal shares shall be determined by the Secretary
between July 1 and September 1 of each vear, on the basis of
the average per capita incomes of each of the States and of the
United States for the most recent year for which satisfactory
data are available from the Department of Commerce, and such
determination shall be conclusive for the fiscal vear beginning
on next July 1. The populations of the several States shall be
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2674 LEGAL COMPILATION—WATER
determined on the basis of the latest figures for the population
of the several States available from the Department of Commerce.
(7) At least 15 per centum of a State's allotment under this
subsection shall be available only to the State mental health
authority for the provision under the State plan of mental health
services. Effective with respect to allotments under this subsec-
tion for fiscal years ending after June 30, 1968, at least 70 per
centum of such amount reserved for mental health services and
at least 70 per centum of the remainder of a State's allotment
under this subsection shall be available only for the provision
under the State plan of services in communities of the State.
Project grants for health services and related training; authorization of appro-
priations; review of application by appropriate areawide health planning
agency
(e) There are authorized to be appropriated $90,000,000 for
the fiscal year ending June 30, 1968, $95,000,000 for the fiscal
year ending June 30, 1969, $80,000,000 for the fiscal year ending
June 30, 1970, $109,500,000 for the fiscal year ending June 30,
1971, $135,000,000 for the fiscal year ending June 30, 1972, and
$157,000,000 for the fiscal year ending June 30, 1973, for grants
to any public or nonprofit private agency, institution, or orga-
nization to cover part of the cost (including equity requirements
and amortization of loans on facilities acquired from the Office
of Economic Opportunity or construction in connection with any
program or project transferred from the Office of Economic
Opportunity) of (1) providing services (including related train-
ing) to meet health needs of limited geographic scope or of spe-
cialized regional or national significance, or (2) developing and
supporting for an initial period new programs of health services
(including related training). Any grant made under this sub-
section may be made only if the application for such grant has
been referred for review and comment to the appropriate area-
wide health planning agency or agencies (or, if there is no such
agency in the area, then to such other public or nonprofit private
agency or organization (if any) which performs similar func-
tions)' and only if the services assisted under such grant will be
provided in accordance with such plans as have been developed
pursuant to subsection (a) of this section.
Repeal
Subsec. (f) of this section repealed (less applicability
to commissioned officers of the Public Health Service)
by Pub.L. 91-648, Title IV, §§ 403, 404, Jan. 5, 1971, 84
Stat. 1925, effective sixty days after Jan. 5, 1971.
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STATUTES AND LEGISLATIVE HISTORY 2675
Interchange of personnel with States
(f) (1) For the purposes of this subsection, the term "State"
means a State or a political subdivision of a State, or any agency
of either of the foregoing engaged in any activities related to
health or designated or established pursuant to subparagraph
(A) of paragraph (2) of subsection (a) of this section; the term
"Secretary" means (except when used in paragraph (3) (D)
the Secretary of Health, Education, and Welfare; and the term
"Department" means the Department of Health, Education, and
Welfare.
(2) The Secretary is authorized, through agreements or other-
wise, to arrange for assignment of officers and employees of
States to the Department and assignment to States of officers
and employees in the Department engaged in work related to
health, for work which the Secretary determines will aid the
Department in more effective discharge of its responsibilities in
the field of health as authorized by law, including cooperation
with States and the provision of technical or other assistance.
The period of assignment of any officer or employee under an
arrangement shall not exceed two years.
(3) (A) Officers and employees in the Department assigned
to any State pursuant to this subsection shall be considered,
during such assignment, to be (i) on detail to a regular work
assignment in the Department, or (ii) on leave without pay from
their positions in the Department.
(B) Persons considered to be so detailed shall remain as offi-
cers or employees, as the case may be, in the Department for all
purposes, except that the supervision of their duties during the
period of detail may be governed by agreement between the
Department and the State involved.
(C) In the case of persons so assigned and on leave without
pay—
(i) if the rate of compensation (including allowances)
for their employment by the State is less than the rate of
compensation( including allowances) they would be receiv-
ing had they continued in their regular assignment in the
Department, they may receive supplemental salary payments
from the Department in the amount considered by the Sec-
retary to be justified, but not at a rate in excess of the dif-
ference between the State rate and the Department rate;
and
(ii) they may be granted annual leave and sick leave to
the extent authorized by law, but only in circumstances con-
sidered by the Secretary to justify approval of such leave.
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2676 LEGAL COMPILATION—WATER
Such officers and employees on leave without pay shall, notwith-
standing any other provision of law, be entitled—
(iii) to continuation of their insurance under the Federal
Employees' Group Life Insurance Act of 1954, and coverage
under the Federal Employees Health Benefits Act of 1959,
so long as the Department continues to collect the employee's
contribution from the officer or employee involved and to
transmit for timely deposit into the funds created under
such Acts the amount of the employee's contributions and
the Government's contribution from appropriations of the
Department; and
(iv) (I) in the case of commissioned officers of the Serv-
ice, to have their service during their assignment treated
as provided in section 215 (d) of this title for such officers
on leave without pay, or (II) in the case of other officers
and employees in the Department, to credit the period of
their assignment under the arrangement under this subsec-
tion toward periodic or longevity step increases and for
retention and leave accrual purposes, and, upon payment
into the civil service retirement and disability fund of the
percentage of their State salary, and of their supplemental
salary payments, if any, which would have been deducted
from a like Federal salary for the period of such assign-
ment and payment by the Secretary into such fund of the
amount which would have been payable by him during the
period of such assignment with respect to a like Federal
salary, to treat (notwithstanding the provisions of the Inde-
pendent Offices Appropriation Act, 1959, under the head
"Civil Service Retirement and Disability Fund") their serv-
ice during such period, as service within the meaning of
the Civil Service Retirement Act;
except that no officer or employee or his beneficiary may receive
any benefits under the Civil Service Retirement Act, the Federal
Employees Health Benefits Act of 1959, or the Federal Employees'
Group Life Insurance Act of 1954, based on service during an
assignment hereunder for which the officer or employee or (if
he dies without making such election) his beneficiary elects to
receive benefits, under any State retirement or insurance law
or program, which the Civil Service Commission determines to be
similar. The Department shall deposit currently in the funds
created under the Federal Employees' Group Life Insurance Act
of 1954, the Federal Employees Health Benefits Act of 1959, and
the civil service retirement and disability fund, respectively, the
amount of the Government's contribution under these Acts on
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STATUTES AND LEGISLATIVE HISTORY 2677
PUBLIC HEALTH SERVICE ACT 42 § 246
account of service with respect to which employee contributions
are collected as provided in subparagraph (iii) and the amount
of the Government's contribution under the Civil Service Retire-
ment Act on account of service with respect to which payments
(of the amount which would have been deducted under that Act)
referred to in subparagraph (iv) are made to such civil service
retirement and disability fund.
(D) Any such officer or employee on leave without pay (other
than a commissioned officer of the Service) who suffers disability
or death as a result of personal injury sustained while in the
performance of his duty during an assignment hereunder, shall
be treated, for the purposes of the Federal Employees' Com-
pensation Act, as though he were an employee, as defined in such
Act, who had sustained such injury in the performance of duty.
When such person (or his dependents, in case of death) entitled
by reason of injury or death to benefits under that Act is also
entitled to benefits from a State for the same injury or death, he
(or his dependents in case of death) shall elect which benefits he
will receive. Such election shall be made within one year after
the injury or death, or such further time as the Secretary of
Labor may for good cause allow, and when made shall be irre-
vocable unless otherwise provided by law.
(4) Assignment of any officer or employee in the Department
to a State under this subsection may be made with or without
reimbursement by the State for the compensation (or supple-
mentary compensation), travel and transportation expenses (to
or from the place of assignment), and allowances, or any part
thereof, of such officer or employee during the period of assign-
ment, and any such reimbursement shall be credited to the
appropriation utilized for paying such compensation, travel or
transporation expenses, or allowances.
(5) Appropriations to the Deartment shall be available, in
accordance with the standardized Government travel regulations
or, with respect to commissioned officers of the Service, the
joint travel regulations, for the expenses of travel of officers and
employees assigned to States under an arrangement under this
subsection on either a detail or leave-without-pay basis and, in
accordance with applicable law, orders, and regulations, for ex-
penses of transporation of their immediate families and expenses
of transportation of their household goods and personal effects,
in connection with the travel of such officers and employees to
the location of their posts of assignment and their return to their
official stations.
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2678 LEGAL COMPILATION—WATER
(6) Officers and employees of States who are assigned to the
Department under an arrangement under this subsection may
(A) be given appointments in the Department covering the
periods of such assignments, or (B) be considered to be on detail
to the Department. Appointments of persons so assigned may
be made without regard to the civil service laws. Persons so
appointed in the Department shall be paid at rates of compensa-
tion determined in accordance with the Classification Act of 1949,
and shall not be considered to be officers or employees of the
Department for the purposes of (A) the Civil Service Retire-
ment Act, (B) the Federal Employees' Group Life Insurance Act
of 1954, or (C) unless their appointments result in the loss of
coverage in a group health benefits plan whose premium has been
paid in whole or in part by a State contribution, the Federal
Employees Health Benefits Act of 1959. State officers and employ-
ees who are assigned to the Department without appointment
shall not be considered to be officers or employees of the Depart-
ment, except as provided in subsection (7), nor shall they be
paid a salary or wage by the Department during the period of
their assignment. The supervision of the duties of such persons
during the assignment may be governed by agreement between
the Secretary and the State involved.
(7) (A) Any State officer or employee who is assigned to the
Department without appointment shall neverthless be subject to
the provisions of sections 203, 205, 207, 208, and 209 of Title 18.
(B) Any State officer or employee who is given an appoint-
ment while assigned to the Department, or who is assigned to
the Department without appointment, under an arrangement
under this subsection, and who suffers disability or death as a
result of personal injury sustained while in the performance
of his duty during such assignment shall be treated, for the
purpose of the Federal Employees' Compensation Act, as though
he were an employee, as defined in such Act, who had sustained
such injury in the performance of duty. When such person (or
his dependents, in case of death) entitled by reason of injury or
death to benefits under that Act is also entitled to benefits from
a State for the same injury or death, he (or his dependents, in
case of death) shall elect which benefits he will receive. Such
election shall be made within one year after the injury or death,
or such further time as the Secretary of Labor may for good
cause allow, and when made shall be irrevocable unless otherwise
provided by law.
(8) The appropriations to the Department shall be available,
in accordance with the standardized Government travel regula-
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STATUTES AND LEGISLATIVE HISTORY 2679
tions, during the period of assignment and in the case of travel
to and from their places of assignment or appointment, for the
payment of expenses of travel of persons assigned to, or given
appointments by, the Department under an arrangement under
this subsection.
(9) All arrangements under this subsection for assignment of
officers or employees in the Department to States or for assign-
ment of officers or employees of States to the Department shall be
made in accordance with regulations of the Secretary.
Consultation with State authorities; failure to comply with
statute or rules and regulations; definitions
(g) (1) All regulations and amendments thereto with respect
to grants to States under subsection (a) of this section shall be
made after consultation with a conference of the State health
planning agencies designated or established pursuant to subpara-
graph (A) of paragraph (2) of subsection (a) of this section.
All regulations and amendments thereto with respect to grants
to States under subsection (d) of this section shall be made after
consultation with a conference of State health authorities and,
in the case of regulations and amendments which relate to or in
any way affect grants for services or other activities in the field
of mental health, the State mental health authorities. Insofar as
practicable, the Secretary shall obtain the agreement, prior to the
issuance of such regulations or amendments, of the State authori-
ties or agencies with whom such consultation is required.
(2) The Secretary, at the request of any recipient of a grant
under this section, may reduce the payments to such recipient by
the fair market value of any equipment or supplies furnished to
such recipient and by the amount of the pay, allowances, travel-
ing expenses, and any other costs in connection with the detail of
an officer or employee to the recipient when such furnishing or
such detail, as the case may be, is for the convenience of and
at the request of such recipient and for the purpose of carrying
out the State plan or the project with respect to which the grant
under this section is made. The amount by which such payments
are so reduced shall be available for payment of such costs
(including the costs of such equipment and supplies) by the
Secretary, but shall, for purposes of determining the Federal
share under subsection (a) or (d) of this section, be deemed to
have been paid to the State.
(3) Whenever the Secretary, after reasonable notice and op-
portunity for hearing to the health authority or, where appropri-
ate, the mental health authority of a State or a State health
planning agency designated or established pursuant to subpara-
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2680 LEGAL COMPILATION—WATER
graph (A) of paragraph (2) of subsection (a) of this section,
finds that, with respect to money paid to the State out of appro-
priations under subsection (a) or (d) of this section, there is a
failure to comply substantially with either—
(A) the applicable provisions of this section;
(B) the State plan submitted under such subsection; or
(C) applicable regulations under this section;
the Secretary shall notify such State health authority, mental
health authority, or health planning agency, as the case may be,
that further payments will not be made to the State from appro-
priations under such subsection (or in his discretion that further
payments will not be made to the State from such appropriations
for activities in which there is such failure), until he is satisfied
that there will no longer be such failure. Until he is so satisfied,
the Secretary shall make no payment to such State from appro-
priations under such subsection, or shall limit payment to activi-
ties in which there is no such failure.
(4) For the purposes of this section—
(A) The term "nonprofit" as applied to any private
agency, institution, or organization means one which is a
corporation or association, or is owned and operated by
one or more corporations or associtions, no part of the net
earnings of which inures, or may lawfully inure, to the bene-
fit of any private shareholder or individual; and
(B) The term "State" includes the Commonwealth of
Puerto Rico, Guam, American Samoa, the Trust of Territory
of the Pacific Islands, the Virgin Islands, and the District
of Columbia and the term "United States" means the fifty
States and the District of Columbia.
July 1, 1944, c. 373, Title III, § 314, 58 Stat. 693; July 3, 1946,
c. 538, § 9, 60 Stat. 424; June 16, 1948, c. 481, § 5, 62 Stat. 468;
1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053,
67 Stat. 631; Aug. 1, 1956, c. 852, § 18, 70 Stat. 910; July 22,
1958, Pub.L. 85-544, § 1, 72 Stat. 400; Oct. 5, 1961, Pub.L. 87-
395, § 2(a)-(d), 75 Stat. 824; Sept. 25, 1962, Pub.L. 87-688,
§ 4 (a) (1), 76 Stat. 587; Aug. 5, 1965, Pub.L. 89-109, § 4, 79
Stat. 436; Nov. 3, 1966, Pub.L. 89-749, § 3, 80 Stat. 1181; Dec.
5, 1967, Pub.L. 90-174, §§ 2(a)-(f), 3(b) (2), 8(a), (b), 12(d),
81 Stat. 533-535, 540, 541; June 30, 1970, Pub.L. 91-296, Title I,
§ lll(b), Title IV, § 401 (b) (1) (C), (D), 84 Stat. 340, 352;
Oct. 27, 1970, Pub.L. 91-513, Title I, § 3(b), 84 Stat. 1241; Oct.
30, 1970, Pub.L. 91-515, Title II, §§ 220, 230, 240, 250, 260(a),
(b), (c) (1), 282, 84 Stat. 1304-1306, 1308; and amended Dec.
31, 1970, Pub.L. 91-616, Title III, § 331, 84 Stat. 1853.
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STATUTES AND LEGISLATIVE HISTORY
2681
1.19 THE WATER RESOURCE PLANNING ACT,
AS AMENDED
42 U.S.C. §1962, et seq. (1971)
Sec.
1962. Congressional statement of policy.
1962—1. Effect on existing laws.
1962—2. Congressional statement of objectives.
SUBCHAPTER I.—WATER RESOURCES COUNCIL
1962a. Establishment; composition; other Federal agency participation;
designation of Chairman.
1962a—1. Powers and duties.
1962a—2. Establishment of principles, standards, and procedures for prepa-
ration of regional or river basin plans and Federal projects;
revision of river basin planning commission plans.
1962a—3. Review of river basin commission plans; report to President and
Congress.
1962a—4. Administrative provisions.
(a) Hearings, proceeding's, evidence, reports; office space; use
of mails; personnel; consultants; motor vehicles; neces-
sary expenses; other powers.
(b) Oaths.
(c) Records; public inspection.
(d) Information and personnel from other Federal agencies.
(e) Responsibility for personnel and funds.
SUBCHAFTEK II.—RlVER BASIN COMMISSIONS
1962b. Creation of commissions; powers and duties.
1962b—1. Membership of commissions; appointment of chairman.
1962b—2. Organization of commissions.
(a) Commencement of functions; transfer of property, assets,
and records upon termination of commission; availability
of studies, data, and other materials to participants.
(b) Vice chairman; State election; State representation.
(c) Vacancies; alternates for chairman and vice chairman.
(d) Consensus of members on issues; opportunities for indi-
vidual views; record of position of chairman and vice
chairman; final authority on procedural questions.
1962b—3. Duties of commissions.
1962b—4. Administrative provisions.
(a) Hearings, proceedings, evidence, reports; office space; use
of mails; personnel, consultants, and professional service
contracts; personnel from other agencies; retirement and
employee benefit system for personnel without coverage;
motor vehicles; necessary expenses; other powers.
(b) Oaths.
(c) Records; public inspection.
(d) Information and personnel from other Federal agencies.
(e) Responsibility for personnel and funds.
1962b—5. Compensation of commission members.
1962b—6. Expenses of commissions.
(a) Federal share; apportionment of remainder; annual
budget; estimates of proposed Federal appropriations;
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2682
LEGAL COMPILATION—WATER
Sec.
1962c.
1962c.— 1.
1962c— 2.
1962c— 3.
1962c— 4.
1962c— 5.
1962c— 6.
1962d.
advances against delayed State appropriations; credit to
account in the Treasury.
(b) Acceptance, reception, utilization, and disposal of appro-
priations, donations, and grants.
(c) Accounts of receipts and disbursements; annual audit;
inclusion in annual report.
(d) Inspection of accounts.
SUBCHAPTER III.—FINANCIAL ASSISTANCE TO STATES
FOR COMPREHENSIVE PLANNING GRANT
AUTHORIZATIONS
Authorization of appropriations; coordination of related Federal
planning assistance programs; utilization of Federal agen-
cies administering programs contributing to water resources
planning.
Allotments to States; basis, population and land area determina-
tions; payments to States; amount.
State programs; approval by Council; submission; requirements;
notice and hearing prior to disapproval.
Noncompliance; curtailing of payments.
Payments to States; computation of amount.
Definition.
Records; audit and examination.
SUBCHAPTER IV.—MISCELLANEOUS PROVISIONS
Authorization of appropriations; limitation for single river basin
commission.
1962d—1. Rules and regulations.
1962d—2. Delegation of functions.
1962d—3. Utilization of personnel.
1962d—4. Northeastern United States water supply.
(a) Plans for Federal construction, operation, and maintenance
of reservoir system within certain river basins and con-
veyance and purification facilities through cooperation
of Secretary of the Army and government agencies;
financial participation of States.
(b) Construction, operation, and maintenance of reservoirs and
conveyance and purification facilities.
(c) Reservoirs as components of river basin and water supply
plans.
1962d—5. Water resources development projects involving navigation, flood
control, and shore protection.
(a) Construction, operation, and maintenance; limitation on
estimated Federal first cost of construction; Congres-
sional committee approval of projects; reports to Con-
gress.
(b) Local cooperation requirements based on certain estimated
Federal first cost of construction.
1962d—5a. Reimbursement to States.
(a) Combination of reimbursement of installation costs and
reduction in contributions; single project limitation.
-------
STATUTES AND LEGISLATIVE HISTORY 2683
Sec.
(b) Agreement provisions; termination of agreement for fail-
ure to commence work.
(c) Certification of performance.
(d) Beach erosion control projects.
(e) Prohibition of construction for Federal assumption of re-
sponsibilities of non-Federal bodies or for Federal liabil-
ity for unnecessary or inapplicable project work of such
bodies.
(f) Allotment limitation for any fiscal year; specific project
reimbursement authorizations.
1962d—5b. Water resources projects; written agreement requirement
(a) Cooperation of non-Federal interest.
(b) Definition of non-Federal interest.
(c) Enforcement; jurisdiction.
(d) Nonperformance of terms of agreement by non-Federal
interest; notice; reasonable opportunity for perform-
ance; performance by Chief of Engineers.
(e) Inventory of agreements; report to Congress.
(f) Effective date.
1962d—6. Feasibility studies; acceleration; advancement of costs by non-
Federal sources.
1962d—7. Delmarva Peninsula hydrologic study; duties of Secretary of
Interior.
1962d—8. Same; reports to President and Congress.
1962d—9. Same; information from Federal agencies.
1962d—10. Same; cooperation with other agencies.
1962d—11. Same; authorization of appropriations.
§ 1962. Congressional statement of policy
In order to meet the rapidly expanding demands for water
throughout the Nation, it is hereby declared to be the policy of the
Congress to encourage the conservation, development, and utiliza-
tion of water and related land resources of the United States on a
comprehensive and coordinated basis by the Federal Government,
States, localities, and private enterprise with the cooperation of
all affected Federal agencies, States, local governments, individ-
uals, corporations, business enterprises, and others concerned.
Pub.L. 89-80, § 2, July 22, 1965, 79 Stat. 244.
§ 1962—1. Effect on existing laws
Nothing in this chapter shall be construed—
(a) to expand or diminish either Federal or State jurisdic-
tion, responsibility, or rights in the field of water resources
planning, development, or control; nor to displace, supersede,
limit or modify any interstate compact or the jurisdiction or
responsibility of any legally established joint or common
agency of two or more States, or of two or more States and
-------
2684 LEGAL COMPILATION—WATER
the Federal Government; nor to limit the authority of Con-
gress to authorize and fund projects;
(b) to change or otherwise affect the authority or respon-
sibility of any Federal official in the discharge of the duties of
his office except as required to carry out the provisions of this
chapter with respect to the preparation and review of com-
prehensive regional or river basin plans and the formation
and evaluation of Federal water and related land resources
projects;
(c) as superseding, modifying, or repealing existing laws
applicable to the various Federal agencies which are author-
ized to develop or participate in the development of water
and related land resources or to exercise licensing or regula-
tory functions in relation thereto, except as required to carry
out the provisions of this chapter; nor to affect the jurisdic-
tion, powers, or prerogatives of the International Joint Com-
mission, United States and Canada, the Permanent Engineer-
ing Board and the United States Operating Entity or Entities
established pursuant to the Columbia River Basin Treaty,
signed at Washington, January 17, 1961, or the International
Boundary and Water Commission, United States and Mexico;
(d) as authorizing any entity established or acting under
the provisions hereof to study, plan, or recommend the trans-
fer of waters between areas under the jurisdiction of more
than one river basin commission or entity performing the
function of a river basin commission.
Pub.L. 89-80, § 3, July 22, 1965, 79 Stat. 244.
§ 1962—2. Congressional statement of objectives
It is the intent of Congress that the objectives of enhancing re-
gional economic development, the quality of the total environment,
including its protection and improvement, the well-being of the
people of the United States, and the national economic develop-
ment are the objectives to be included in federally financed water
resource projects, and in the evaluation of benefits and cost at-
tributable thereto, giving due consideration to the most feasible
alternative means of accomplishing these objectives.
Pub.L. 91-611, Title II, § 209, Dec. 31, 1970, 84 Stat. 1829.
SUBCHAPTER I.—WATER RESOURCES COUNCIL
§ 1962a. Establishment; composition; other Federal agency
participations; designation of Chairman
There is hereby established a Water Resources Council (herein-
after referred to as the "Council") which shall be composed of the
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STATUTES AND LEGISLATIVE HISTORY 2685
Secretary of the Interior, the Secretary of Agriculture, the Secre-
tary of the Army, the Secretary of Health, Education, and Wel-
fare, and the Chairman of the Federal Power Commission. The
Chairman of the Council shall request the heads of other Federal
agencies to participate with the Council when matters affecting
their responsibilities are considered by the Council. The Chairman
of the Council shall be designated by the President.
Pub.L. 89-80, Title I, § 101, July 22, 1965, 79 Stat. 245.
§ 1962a—1. Powers and duties
The Council shall—
(a) maintain a continuing study and prepare an assess-
ment biennially, or at such less frequent intervals as the
Council may determine, of the adequacy of supplies of water
necessary to meet the water requirements in each water re-
source region in the United States and the national interest
therein; and
(b) maintain a continuing study of the relation of regional
or river basin plans and programs to the requirements of
larger regions of the Nation and of the adequacy of adminis-
trative and statutory means for the coordination of the water
and related land resources policies and programs of the sev-
eral Federal agencies; it shall appraise the adequacy of exist-
ing and proposed policies and programs to meet such require-
ments; and it shall make recommendations to the President
with respect to Federal policies and programs.
Pub.L. 89-80, Title I, § 102, July 22, 1965, 79 Stat. 245.
§ 1962a—2. Establishment of principles, standards, and proce-
dures for preparation of regional or river basin plans and Federal
projects; revision of river basin planning commission plans
The Council shall establish, after such consultation with other
interested entities, both Federal and non-Federal, as the Council
may find appropriate, and with the approval of the President, prin-
ciples, standards, and procedures for Federal participants in the
preparation of comprehensive regional or river basin plans and
for the formulation and evaluation of Federal water and related
land resources projects. Such procedures may include provision for
Council revision of plans for Federal projects intended to be pro-
posed in any plan or revision thereof being prepared by a river
basin planning commission.
Pub.L. 89-80, Title I, § 103, July 22, 1965, 79 Stat. 245.
§ 1962a—3. Review of river basin commission plans; report to
President and Congress
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2686 LEGAL COMPILATION—WATER
Upon receipt of a plan or revision thereof from any river basin
commission under the provisions of section 1962b—3(3) of this
title, the Council shall review the plan or revision with special re-
gard to—
(1) the efficacy of such plan or revision in achieving opti-
mum use of the water and related land resources in the area
involved;
(2) the effect of the plan on the achievement of other pro-
grams for the development of agricultural, urban, energy, in-
dustrial, recreational, fish and wildlife, and other resources of
the entire Nations; and
(3) the contributions which such plan or revision will
make in obtaining the Nation's economic and social goals.
Based on such review the Council shall—
(a) formulate such recommendations as it deems desirable
in the national interest; and
(b) transmit its recommendations, together with the plan
or revision of the river basin commission and the views, com-
ments, and recommendations with respect to such plan or
revision submitted by any Federal agency, Governor, inter-
state commission, or United States section of an international
commission, to the President for his review and transmittal
to the Congress with his recommendations in regard to au-
thorization of Federal projects.
Pub.L. 89-80, Title I, § 104, July 22, 1965, 79 Stat. 245.
§ 1962a—4. Administrative provisions—Hearings, proceedings,
evidence, reports; office space; use of mails; personnel; consult-
ants; motor vehicles; necessary expenses; other powers
(a) For the purpose of carrying out the provisions of this chap-
ter, 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 proceed-
ings and reports thereon as it may deem advisable; (2) acquire,
furnish, and equip such office space as is necessary; (3) use the
United States mails in the same manner and upon the same condi-
tions as other departments and agencies of the United States;
(4) employ and fix the compensation of such personnel at it deems
advisable, in accordance with the civil service laws and Classifica-
tion Act of 1949, as amended; (5) procure services as authorized
by section 15 of the Act of August 2, 1946, at rates not to exceed
$100 per diem for individuals; (6) purchase, hire, operate, and
maintain passenger motor vehicles; and (7) incur such necessary
expenses and exercise such other powers as are consistent with
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STATUTES AND LEGISLATIVE HISTORY 2687
and reasonably required to perform its functions under this
chapter.
Oaths
(b) Any member of the Council is authorized to administer
oaths when it is determined by a majority of the Council that testi-
mony shall be taken or evidence received under oath.
Records; public inspection
(c) To the extent permitted by law, all appropriate records and
papers of the Council may be made available for public inspection
during ordinary office hours.
Information and personnel from other Federal agencies
(d) Upon request of the Council, the head of any Federal de-
partment or agency is authorized (1) to furnish to the Council
such information as may be necessary for carrying out its func-
tions and as may be available to or procurable by such department
or agency, and (2) to detail to temporary duty with such Council
on a reimbursable basis such personnel within his administrative
jurisdiction as it may need or believe to be useful for carrying out
its functions, each such detail to be without loss of seniority, pay,
or other employee status.
Responsibility for personnel and funds
(e) The Council shall be responsible for (1) the appointment
and supervision of personnel, (2) the assignment of duties and
responsibilities among such personnel, and (3) the use and ex-
penditures of funds.
Pub.L. 89-80, Title I, § 105, July 22, 1965, 79 Stat. 246.
SUBCHAPTEB II.—RlVER BASIN COMMISSIONS
§ 1962b. Creation of commissions; powers and duties
(a) The President is authorized to declare the establishment of
a river basin water and related land resources commission upon
request therefor by the Council, or request addressed to the Coun-
cil by a State within which all or part of the basin or basins con-
cerned are located if the request by the Council or by a State
(1) defines the area, river basin, or group of related river basins
for which a commission is requested, (2) is made in writing by the
Governor or in such manner as State law may provide, or by the
Council, and (3) is concurred in by the Council and by not less
than one-half of the States within which portions of the basin or
basins concerned are located and, in the event the Upper Colorado
River Basin is involved, by at least three of the four States of
Colorado, New Mexico, Utah, and Wyoming or, in the event the
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2688 LEGAL COMPILATION—WATER
Columbia River Basin is involved, by at least three of the four
States of Idaho, Montana, Oregon, and Washington. Such concur-
rences shall be in writing.
(b) Each such commission for an area, river basin, or group of
river basins shall, to the extent consistent with section 1962—1 of
this title—
(1) serve as the principal agency for the coordination of
Federal, State, interstate, local and nongovernmental plans
for the development of water and related land resources in its
area, river basin, or group of river basins;
(2) prepare and keep up to date, to the extent practicable,
a comprehensive, coordinated, joint plan for Federal, State,
interstate, local and nongovernmental development of water
and related resources: Provided, That the plan shall include
an evaluation of all reasonable alternative means of achieving
optimum development of water and related land resources of
the basin or basins, and it may be prepared in stages, includ-
ing recommendations with respect to individual projects;
(3) recommend long-range schedules of priorities for the
collection and analysis of basic data and for investigation,
planning, and construction of projects; and
(4) foster and undertake such studies of water and related
land resources problems in its area, river basin, or group of
river basins as are necessary in the preparation of the plan
described in clause (2) of this subsection.
Pub.L. 89-80, Title II, § 201, July 22, 1965, 79 Stat. 246.
§ 1962b—1. Membership of commissions; appointment of
chairman
Each river basin commission shall be composed of members ap-
pointed as follows:
(a) A chairman appointed by the President who shall also serve
as chairman and coordinating officer of the Federal members of
the commission and who shall represent the Federal Government
in Federal-State relations on the commission and who shall not,
during the period of his service on the commission, hold any other
position as an officer or employee of the United States, except as a
retired officer or retired civilian employee of the Federal Govern-
ment;
(b) One member from each Federal department or independent
agency determined by the President to have a substantial interest
in the work to be undertaken by the commission, such member to
be appointed by the head of such department or independent
-------
STATUTES AND LEGISLATIVE HISTORY 2689
agency and to serve as the representative of such department or
independent agency;
(c) One member from each State which lies wholly or partially
within the area, river basin, or group of river basins for which the
commission is established, and the appointment of each such mem-
ber shall be made in accordance with the laws of the State which
he represents. In the absence of governing provisions of State law,
such State members shall be appointed and serve at the pleasure of
the Governor;
(d) One member appointed by any interstate agency created by
an interstate compact to which the consent of Congress has been
given, and whose jurisdiction extends to the waters of the area,
river basin, or group of river basins for which the river basin
commission is created;
(e) When deemed appropriate by the President, one member,
who shall be appointed by the President, from the United States
section of any international commission created by a treaty to
which the consent of the Senate has been given, and whose juris-
diction extends to the waters of the area, river basin, or group of
river basins for which the river basin commission is established.
Pub.L. 89-80, Title II, § 202, July 22, 1965, 79 Stat. 247.
§ 1962b—2. Organization of commissions—Commencement of
functions; transfer of property, assets, and records upon termina-
tion of commission; availability of studies, data, and other mate-
rials to participants
(a) Each river basin commission shall organize for the per-
formance of its functions within ninety days after the President
shall have declared the establishment of such commission, subject
to the availability of funds for carrying on its work. A commission
shall terminate upon decision of the Council or agreement of a
majority of the States composing the commission. Upon such ter-
mination, all property, assets, and records of the commission shall
thereafter be turned over to such agencies of the United States
and the participating States as shall be appropriate in the circum-
stances : Provided, That studies, data, and other materials useful
in water and related land resources planning to any of the partici-
pants shall be kept freely available to all such participants.
Vice chairman; State election; State representation
(b) State members of each commission shall elect a vice chair-
man, who shall serve also as chairman and coordinating officer of
the State members of the commission and who shall represent the
State governments in Federal-State relations on the commission.
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2690 LEGAL COMPILATION—WATER
Vacancies; alternates for chairman and vice chairman
(c) Vacanies in a commission shall not affect its powers but
shall be filled in the same manner in which the original appoint-
ments were made: Provided, That the chairman and vice chairman
may designate alternates to act for them during temporary ab-
sences.
Consensus of members on issues; opportunities for individual views; record of
position of chairman and vice chairman; final authority on procedural
questions
(d) In the work of the commission every reasonable endeavor
shall be made to arrive at a consensus of all members on all issues;
but failing this, full opportunity shall be afforded each member for
the presentation and report of individual views: Provided, That at
any time the commission fails to act by reason of absence of con-
sensus, the position of the chairman, acting in behalf of the Fed-
eral members, and the vice chairman, acting upon instructions of
the State members, shall be set forth in the record: Provided fur-
ther, That the chairman, in consultation with the vice chairman,
shall have the final authority, in the absence of an applicable bylaw
adopted by the commission or in the absence of a consensus, to fix
the times and places for meetings, to set deadlines for the submis-
sion of annual and other reports, to establish subcommittees, and
to decide such other procedural questions as may be necessary for
the commission to perform its functions.
Pub.L. 89-80, Title II, § 203, July 22, 1965, 79 Stat. 248.
§ 1962b—3. Duties of commissions
Each river basin commission shall—
(1) engage in such activities and make such studies and
investigations as are necessary and desirable in carrying out
the policy set forth in section 1962 of this title and in accom-
plishing the purposes set forth in section 1962b(b) of this
title;
(2) submit to the Council and the Governor of each par-
ticipating State a report on its work at least once each year.
Such report shall be transmitted through the President to the
Congress. After such transmission, copies of any such report
shall be sent to the heads of such Federal, States, interstate,
and international agencies as the President or the Governors
of the participating States may direct;
(3) submit to the Council for transmission to the President
and by him to the Congress, and the Governors and the legis-
latures of the participating States a comprehensive, coordi-
nated, joint plan, or any major portion thereof or necessary
revisions thereof, for water and related land resources devel-
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STATUTES AND LEGISLATIVE HISTORY 2691
opment in the area, river basin, or group of river basins for
which such commission was established. Before the commis-
sion submits such a plan or major portion thereof or revision
thereof to the Council, it shall transmit the proposed plan or
revision to the head of each Federal department or agency,
the Governor of each States, and each interstate agency, from
which a member of the commission has been appointed, and
to the head of the United States section of any international
commission if the plan, portion or revision deals with a
boundary water or a river crossing a boundary, or any tribu-
tary flowing into such boundary water or river, over which
the international commission has jurisdiction or for which it
has responsibility. Each such department and agency head,
Governor, interstate agency, and United States section of an
international commission shall have ninety days from the date
of the receipt of the proposed plan, portion, or revision to re-
port its views, comments, and recommendations to the com-
mission. The commission may modify the plan, portion, or
revision after considering the reports so submitted. The
views, comments, and recommendation submitted by each
Federal department or agency head, Governor, interstate
agency, and United States section of an international com-
mission shall be transmitted to the Council with the plan, por-
tion, or revision; and
(4) submit to the Council at the time of submitting such
plan, any recommendations it may have for continuing the
functions of the commission and for implementing the plan,
including means of keeping the plan up to date.
Pub.L. 89-80, Title II, § 204, July 22, 1965, 79 Stat. 248.
§ 1962b—4. Administrative provisions—Hearings, proceedings,
evidence, reports; office space; use of mails; personnel, consult-
ants, and professional service contracts; personnel from other
agencies; retirement and employee benefit system for personnel
without coverage; motor vehicles; necessary expenses; other
powers
(a) For the purpose of carrying out the provisions of this sub-
chapter, each river basin commission 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 proceed-
ings and reports thereon as it may deem advisable;
(2) acquire, furnish, and equip such office space as is neces-
sary;
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2692 LEGAL COMPILATION—WATER
(3) use the United States mails in the same manner and
upon the same conditions as departments and agencies of the
United States;
(4) employ and compensate such personnel as it deems
advisable, including consultants, at rates not to exceed $100
per diem, and retain and compensate such professional or
technical service firms as it deems advisable on a contract
basis;
(5) arrange for the services of personnel from any State
or the United States, or any subdivision or agency thereof, or
any intergovernmental agency;
(6) make arrangements, including contracts, with any par-
ticipating government, except the United States or the Dis-
trict 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 benefit system, or otherwise provide for such cov-
erage of its personnel:
(7) purchase, hire, operate, and maintain passenger motor
vehicles; and
(8) incur such necessary expenses and exercise such other
powers as are consistent with and reasonably required to per-
form its functions under this chapter.
Oaths
(b) The chairman of a river basin commission, or any member
of such commission designated by the chairman thereof for the
purpose, is authorized to administer oaths when it is determined
by a majority of the commission that testimony shall be taken or
evidence received under oath.
Records; public inspection
(c) To the extent permitted by law, all appropriate records and
papers of each river basin commission shall be made available for
public inspection during ordinary office hours.
Information and personnel from other Federal agencies
(d) Upon request of the chairman of any river basin commis-
sion, or any member or employee of such commission designated
by the chairman thereof for the purpose, the head of any Federal
department or agency is authorized (1) to furnish to such com-
mission such information as may be necessary for carrying out its
functions and as may be available to or procurable by such depart-
ment or agency, and (2) to detail to temporary duty with such
commission on a reimbursable basis such personnel within his ad-
ministrative jurisdiction as it may need or believe to be useful for
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STATUTES AND LEGISLATIVE HISTORY 2693
carrying out its functions, each such detail to be without loss of
seniority, pay, or other employee status.
Responsibility for personnel and funds
(e) The chairman of each river basin commission shall, with
the concurrence of the vice chairman, appoint the personnel em-
ployed by such commission, and the chairman shall, in accordance
with the general policies of such commission with respect to the
work to be accomplished by it and the timing thereof, be respon-
sible for (1) the supervision of personnel employed by such com-
mission, (2) the assignment of duties and responsibilities among
such personnel, and (3) the use and expenditure of funds available
to such commission.
Pub.L. 89-80, Title II, § 205, July 22, 1965, 79 Stat. 249.
§ 1962b—5. Compensation of commission members
(a) Any member of a river basin commission appointed pur-
suant to section 1962b—l(b) and (e) of this title shall receive no
additional compensation by virtue of his membership on the com-
mission, but shall continue to receive, from appropriations made
for the agency from which he is appointed, the salary of his regu-
lar position when engaged in the performance of the duties vested
in the commission.
(b) Members of a commission, appointed pursuant to section
1962b—l(c) and (d) of this title, shall each receive such compen-
sation as may be provided by the States or the interstate agency
respectively, which they represent.
(c) The per annum compensation of the chairman of each river
basin commission shall be determined by the President, but when
employed on a full-time annual basis shall not exceed the maximum
scheduled rate for grade GS-18 of the Classification Act of 1949,
as amended; or when engaged in the performance of the commis-
sion's duties on an intermittent basis such compensation shall be
not more than $100 per day and shall not exceed $12,000 in any
year.
Pub.L. 89-80, Title II, § 206, July 22, 1965, 79 Stat. 250.
§ 1962b—6. Expenses of commissions—Federal share; appor-
tionment of remainder; annual budget; estimates of proposed
Federal appropriations; advances against delayed State appro-
priations; credit to account in the Treasury
(a) Each commission shall recommend what share of its ex-
penses shall be borne by the Federal Government, but such share
shall be subject to approval by the Council. The remainder of the
commission's expenses shall be otherwise apportioned as the com-
mission may determine. Each commission shall prepare a budget
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2694 LEGAL COMPILATION—WATER
annually and transmit it to the Council and the States. Estimates
of proposed appropriations from the Federal Government shall be
included in the budget estimates submitted by the Council under
the Budgeting and Accounting Act of 1921, as amended, and may
include an amount for advance to a commission against State
appropriations for which delay is anticipated by reason of later
legislative sessions. All sums appropriated to or otherwise received
by a commission shall be credited to the commission's account in
the Treasury of the United States.
Acceptance, reception, utilization, and disposal of
appropriations, donations, and grants
(b) A commission may accept for any of its purposes and func-
tions appropriations, donations, and grants of money, equipment,
supplies, materials, and services from any State or the United
States or any subdivision or agency thereof, or intergovernmental
agency, and may receive, utilize, and dispose of the same.
Accounts of receipts and disbursements; annual audit;
inclusion in annual report
(c) The commission shall keep accurate accounts of all receipts
and disbursements. The accounts shall be audited at least annually
in accordance with generally accepted auditing standards by inde-
pendent certified or licensed public accountants, certified or li-
censed by a regulatory authority of a State, and the report of the
audit shall be included in and become a part of the annual report
of the commission.
Inspection of accounts
(d) The accounts of the commission shall be open at all reason-
able times for inspection by representatives of the jurisdictions
and agencies which make appropriations, donations, or grants to
the commission.
Pub.L. 89-80, Title II, § 207, July 22,1965, 79 Stat. 250.
SUBCHAPTER III.—FINANCIAL ASSISTANCE TO STATES FOR
COMPREHENSIVE PLANNING GRANT AUTHORIZATIONS
§ 1962c. Authorization of appropriations; coordination of related
Federal planning assistance programs; utilization of Federal
agencies administering programs contributing to water resources
planning
(a) In recognition of the need for increased participation by
the States in water and related land resources planning to be effec-
tive, there are hereby authorized to be appropriated to the Council
for the next fiscal year beginning after July 22, 1965, and for the
nine succeeding fiscal years thereafter, $5,000,000 in each such
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STATUTES AND LEGISLATIVE HISTORY 2695
year for grants to States to assist them in developing and partici-
pating in the development of comprehensive water and related land
resources plans.
(b) The Council, with the approval of the President, shall pre-
scribe such rules, establish such procedures, and make such ar-
rangements and provisions relating to the performance of its
functions under this subchapter, and the use of funds available
therefor, as may be necessary in order to assure (1) coordination
of the program authorized by this subchapter with related Federal
planning assistance programs, including the program authorized
under section 461 of Title 40 and (2) appropriate utilization of
other Federal agencies administering programs which may con-
tribute to achieving the purpose of this chapter.
Pub.L. 89-80, Title III, § 301, July 22, 1965, 79 Stat. 251.
§ 1962c—1. Allotments to States: basis, population and land
area determinations; payments to States: amount
(a) From the sums appropriated pursuant to section 1962c of
this title for any fiscal year the Council shall from time to time
make allotments to the States, in accordance with its regulations,
on the basis of (1) the population, (2) the land area, (3) the
need for comprehensive water and related land resources planning
programs, and (4) the financial need of the respective States. For
the purposes of this section the population of the States shall be
determined on the basis of the latest estimates available from the
Department of Commerce and the land area of the States shall
be determined on the basis of the official records of the United
States Geological Survey.
(b) From each State's allotment under this section for any
fiscal year the Council shall pay to such State an amount which is
not more than 50 per centum of the cost of carrying out its State
program approved under section 1962c—2 of this title, including
the cost of training personnel for carrying out such program and
the cost of administering such program.
Pub.L. 89-80, Title III, § 302, July 22, 1965, 79 Stat. 251.
§ 1962c—2. State programs; approval by Council; submission;
requirements; notice and hearing prior to disapproval
The Council shall approve any program for comprehensive water
and related land resources planning which is submitted by a State,
if such program—
(1) provides for comprehensive planning with respect to
intrastate or interstate water resources, or both, in such State
to meet the needs for water and water-related activities tak-
ing into account prospective demands for all purposes served
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2696 LEGAL COMPILATION—WATER
through or affected by water and related land resources de-
velopment, with adequate provision for coordination with all
Federal, State, and local agencies, and nongovernmental
entities having responsibilities in affected fields;
(2) provides, where comprehensive statewide development
planning is being carried on with or without assistance under
section 461 of Title 40, or under the Land and Water Con-
servation Fund Act of 1965, for full coordination between
comprehensive water resources planning and other statewide
planning programs and for assurances that such water re-
sources planning will be in conformity with the general de-
velopment policy in such State;
(3) designates a State agency (hereinafter referred to as
the "State agency") to administer the program;
(4) provides that the State agency will make such reports
in such form and containing such information as the Council
from time to time reasonably requires to carry out its func-
tions under this subchapter;
(5) sets forth the procedure to be followed in carrying out
the State program and in administering such program; and
(6) provides such accounting, budgeting, and other fiscal
methods and procedures as are necessary for keeping appro-
priate accountability of the funds and for the proper and
efficient administration of the program.
The Council shall not disapprove any program without first giving
reasonable notice and opportunity for hearing to the State agency
administering such program.
Pub.L. 89-80, Title III, § 303, July 22, 1965, 79 Stat. 252.
§ 1962c—3. Noncompliance; curtailing of payments
Whenever the Council after reasonable notice and opportunity
for hearing to a State agency finds that—
(a) the program submitted by such State and approved
under section 1962c—2 of this title has been so changed that
it no longer complies with a requirement of such section; or
(b) in the administration of the program there is a failure
to comply substantially with such a requirement,
the Council shall notify such agency that no further payments will
be made to the State under this subchapter until it is satisfied that
there will no longer be any such failure. Until the Council is so
satisfied, it shall make no further payments to such State under
this subchapter.
Pub.L. 89-80, Title III, § 304, July 22,1965, 79 Stat. 252.
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STATUTES AND LEGISLATIVE HISTORY 2697
§ 1962c—4. Payments to States; computation of amount
The method of computing and paying amounts pursuant to this
subchapter shall be as follows:
(1) The Council shall, prior to the beginning of each
calendar quarter or other period prescribed by it, estimate
the amount to be paid to each State under the provisions of
this subchapter for such period, such estimate to be based
on such records of the State and information furnished by it,
and such other investigation, as the Council may find
necessary.
(2) The Council shall pay to the State, from the allot-
ment available therefor, the amount so estimated by it for
any period, reduced or increased, as the case may be, by
any sum (not previously adjusted under this paragraph) by
which it finds that its estimate of the amount to be paid
such State for any prior period under this subchapter was
greater or less than the amount which should have been paid
to such State for such prior period under this subchapter.
Such payments shall be made through the disbursing facili-
ties of the Treasury Department, at such times and in such
installments as the Council may determine.
Pub.L. 89-80, Title III, § 305, July 22, 1965, 79 Stat. 253.
§ 1962c—5. Definition
For the purpose of this subchapter the term "State" means a
State, the District of Columbia, Puerto Rico, or the Virgin
Islands.
Pub.L. 89-80, Title III, § 306, July 22, 1965, 79 Stat. 253.
§ 1962c—6. Records; audit and examination
(a) Each recipient of a grant under this chapter shall keep
such records as the Chairman of the Council shall prescribe,
including records which fully disclose the amount and disposition
of the funds received under the grant, and the total cost of the
project or undertaking in connection with which the grant was
made and the amount and nature of that portion of the cost of
the project or undertaking supplied by other sources, and such
other records as will facilitate an effective audit.
(b) The Chairman of the Council and the Comptroller General
of the United States, or any of their duly authorized representa-
tives, shall have access for the purpose of audit and examination
to any books, documents, papers, and records of the recipient of
the grant that are pertinent to the determination that funds
granted are used in accordance with this chapter.
Pub.L. 89-80, Title III, § 307, July 22, 1965, 79 Stat. 253.
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2698 LEGAL COMPILATION—WATER
SUBCHAPTER IV.—MISCELLANEOUS PROVISIONS
§ 1962d. Authorization of appropriations; limitation for single
river basin commission
There are authorized to be appropriated not to exceed $500,000
annually, to carry out the provisions of subchapter I of this chap-
ter, not to exceed $6,000,000 annually to carry out the provisions
of subchapter II of this chapter, and not to exceed $400,000 annu-
ally for the administration of subchapter III of this chapter:
Provided, That, with respect to subchapter II of this chapter,
not more than 750,000 annually shall be available for any single
river basin commission.
Pub.L. 89-80, Title IV, § 401, July 22, 1965, 79 Stat. 253; Pub.L.
90-547, Oct. 2, 1968, 82 Stat. 935.
§ 1962d—1. Rules and regulations
The Council is authorized to make such rules and regulations
as it may deem necessary or appropriate for carrying out those
provisions of this chapter which are administered by it.
Pub.L. 89-80, Title IV, § 402, July 22, 1965, 79 Stat. 254.
§ 1962d—2. Delegation of functions
The Council is authorized to delegate to any member or em-
ployee of the Council its administrative functions under section
1962a—4 of this title and the detailed administration of the
grant program under subchapter III of this chapter.
Pub.L. 89-80, Title IV, § 403, July 22, 1965, 79 Stat. 254.
§ 1962d—3. Utilization of personnel
The Council may, with the consent of the head of any other
department or agency of the United States, utilize such officers
and employees of such agency on a reimbursable basis as are
necessary to carry out the provisions of this chapter.
Pub.L. 89-80, Title IV, § 404, July 22, 1965, 79 Stat. 254.
§ 1962d—4. Northeastern United States water supply—Plans
for Federal construction, operation, and maintenance of reservoir
system within certain river basins and conveyance and purifica-
tion facilities through cooperation of Secretary of the Army and
government agencies; financial participation of States
(a) Congress hereby recognizes that assuring adequate sup-
plies of water for the great metropolitan centers of the United
States has become a problem of such magnitude that the welfare
and prosperity of this country require the Federal Government to
assist in the solution of water supply problems. Therefore, the
Secretary of the Army, acting through the Chief of Engineers,
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STATUTES AND LEGISLATIVE HISTORY 2699
is authorized to cooperate with Federal, State, and local agencies
in preparing plans in accordance with the Water Resources
Planning Act to meet the long-range water needs of the north-
eastern United States. This plan may provide for the construc-
tion, operation, and maintenance by the United States of (1) a
system of major reservoirs to be located within those river basins
of the Northeastern United States which drain into the Chesa-
peake Bay, those that drain into the Atlantic Ocean north of
the Chesapeake Bay, those that drain into Lake Ontario, and
those that drain into the Saint Lawrence River, (2) major con-
veyance facilities by which water may be exchanged between
these river basins to the extent found desirable in the national
interest, and (3) major purification facilities. Such plans shall
provide for appropriate financial participation by the States, po-
litical subdivisions thereof, and other local interests.
Construction, operation, and maintenance of reservoirs
and conveyance and purification facilities
(b) The Secretary of the Army, acting through the Chief of
Engineers, shall construct, operate, and maintain those reservoirs,
conveyance facilities, and purification facilities, which are recom-
mended in the plan prepared in accordance with subsection (a)
of this section, and which are specifically authorized by law
enacted after October 27, 1965.
Reservoirs as components of river basin and water supply plans
(c) Each reservoir included in the plan authorized by this sec-
tion shall be considered as a component of a comprehensive plan
for the optimum development of the river basin in which it is
situated, as well as a component of the plan established in accord-
ance with this section.
Pub.L. 89-298, Title I, § 101, Oct. 27, 1965, 79 Stat. 1073.
§ 1962d—5. Water resources development projects involving
navigation, flood control, and shore protection—Construction,
operation, and maintenance; limitation on estimated Federal first
cost of construction; Congressional committee approval of proj-
ects; reports to Congress
(a) The Secretary of the Army, acting through the Chief of
Engineers, is authorized to construct, operate, and maintain any
water resource development project, including single and multi-
ple purpose projects involving, but not limited to, navigation,
flood control, and shore protection, if the estimated Federal first
cost of constructing such project is less than $10,000,000. No
appropriation shall be made to construct, operate, or maintain
any such project if such project has not been approved by reso-
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2700 LEGAL COMPILATION—WATER
lutions adopted by the Committees on Public Works of the Senate
and House of Representatives, respectively. For the purpose of
securing consideration of such approval the Secretary shall trans-
mit to Congress a report of such proposed project, including all
relevant data and all costs.
Local cooperation requirements based on certain estimated
Federal first cost of construction
(b) Any water resource development project authorized to
be cc instructed by this section shall be subject to the same require-
ments of local cooperation as it would be if the estimated Federal
first cost of such project were $10,000,000 or more.
Pub.L. 89-298, Title II, § 201, Oct. 27, 1965, 79 Stat. 1073.
§ 1962d—5a. Reimbursement to States—Combination of reim-
bursement of installation costs and reduction in contributions;
single project limitation
(a) The Secretary of the Army, acting through the Chief of
Engineers, may, when he determines it to be in the public inter-
est, enter into agreements providing for reimbursement to States
or political subdivisions thereof for work to be performed by
such non-Federal public bodies at water resources development
projects authorized for construction under the Secretary of the
Army and the supervision of the Chief of Engineers. Such
agreements may provide for reimbursement of installation costs
incurred by such entities or an equivalent reduction in the con-
tributions they would otherwise be required to make, or in appro-
priate cases, for a combination thereof. The amount of Federal
reimbursement, including reductions in contributions, for a single
project shall not exceed $1,000,000.
Agreement provisions; termination of agreement
for failure to commence work
(b) Agreements entered into pursuant to this section shall (1)
fully describe the work to be accomplished by the non-Federal
public body, and be accompanied by an engineering plan if nec-
essary therefor; (2) specify the manner in which such work shall
be carried out; (3) provide for necessary review of design and
plans, and inspection of the work by the Chief of Engineers or his
designee; (4) state the basis on which the amount of reimburse-
ment shall be determined; (5) state that such reimbursement
shall be dependent upon the appropriation of funds applicable
thereto or funds available therefor, and shall not take precedence
over other pending projects of higher priority for improvements;
and (6) specify that reimbursement or credit for non-Federal
installation expenditures shall apply only to work undertaken on
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STATUTES AND LEGISLATIVE HISTORY 2701
Federal projects after project authorization and execution of the
agreement, and does not apply retroactively to past non-Federal
work. Each such agreement shall expire three years after the
date on which it is executed if the work to be undertaken by the
non-Federal public body has not commenced before the expira-
tion of that period. The time allowed for completion of the work
will be determined by the Secretary of the Army, acting through
the Chief of Engineers, and stated in the agreement.
Certification of performance
(c) No reimbursement shall be made, and no expenditure shall
be credited, pursuant to this section, unless and until the Chief
of Engineers or his designee, has certified that the work for
which reimbursement or credit is requested has been performed
in accordance with the agreement.
Beach erosion control projects
(d) Reimbursement for work commenced by non-Federal pub-
lic bodies no later than one year after August 13, 1968, to carry
out or assist in carrying out projects for beach erosion control,
may be made in accordance with the provisions of section 426
of Title 33. Reimbursement for such work may, as an alternative,
be made in accordance with the provisions of this section, provided
that agreement required herein shall have been executed prior
to commencement of the work. Expenditures for projects for
beach erosion control commenced by non-Federal public bodies
subsequent to one year after August 13, 1968, may be reimbursed
by the Secretary of the Army, acting through the Chief of Engi-
neers, only in accordance with the provisions of this section.
Prohibition of construction for Federal assumption of responsibilities of non-
Federal bodies or for Federal liability for unnecessary or inapplicable proj-
ect work of such bodies
(e) This section shall not be construed (1) as authorizing
the United States to assume any responsibilities placed upon a
non-Federal body by the conditions of project authorization, or
(2) as committing the United States to reimburse non-Federal
interests if the Federal project is not undertaken or is modified
so as to make the work performed by the non-Federal Public
body no longer applicable.
Allotment limitation for any fiscal year; specific project
reimbursement authorizations
(f) The Secretary of the Army is authorized to allot from any
appropriations hereafter made for civil works, not to exceed
$10,000,000 for any one fiscal year to carry out the provisions of
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2702 LEGAL COMPILATION—WATER
his section. This limitation does not include specific project au-
thorizations providing for reimbursement.
Pub.L. 90-483, Title II, § 215, Aug. 13, 1968, 82 Stat. 747.
§ 1962d—5b. Water resources projects; written agreement
requirement—Cooperation of non-Federal interest
(a) After December 31, 1970, the construction of any water
resources project by the Secretary of the Army, acting through
the Chief of Engineers, or by a non-Federal interest where such
interest will be reimbursed for such construction under the pro-
visions of section 1962d—5a of this title or under any other pro-
vision of law, shall not be commenced until each non-Federal
interest has entered into a written agreement with the Secretary
of the Army to furnish its required cooperation for the project.
Definition of non-Federal interest
(b) A non-Federal interest shall be a legally constituted pub-
lic body with full authority and capability to perform the terms
of its agreement and to pay damages, if necessary, in the event of
failure to perform.
Enforcement; jurisdiction
(c) Every agreement entered into pursuant to this section
shall be enforcible in the appropriate district court of the United
States.
Nonperformance of terms of agreement by non-Federal interest; notice;
reasonable opportunity for performance; performance by Chief of Kngineers
(d) After commencement of construction of a project, the
Chief of Engineers may undertake performance of those items
of cooperation necessary to the functioning of the project for
its purposes, if he has first notified the non-Federal interest of
its failure to perform the terms of its agreement and has given
such interest a reasonable time after such notification to so
perform.
Inventory of agreements; report to Congress
(e) The Secretary of the Army, acting through the Chief of
Engineers, shall maintain a continuing inventory of agreements
and the status of their performance, and shall report thereon
annually to the Congress.
Effective date
(f) This section shall not apply to any project the construction
of which was commenced before January 1, 1972.
Pub.L. 91-611, Title II, § 221, Dec. 31, 1970, 84 Stat. 1831.
§ 1962d—6. Feasibility studies; acceleration; advancement of
costs by non-Federal sources
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STATUTES AND LEGISLATIVE HISTORY 2703
The Secretary may accelerate feasibility studies authorized by
law when and to the extent that the costs of such studies shall
have been advanced by non-Federal sources.
Pub.L. 89-561, § 5, Sept. 7, 1966, 80 Stat. 714.
§ 1962d—7. Delmarva Peninsula hydrologic study; duties of
Secretary of Interior
The Secretary of the Interior (hereinafter referred to as the
"Secretary") is authorized and directed to make a comprehensive
study and investigation of the water resources of the Delmarva
Peninsula with a view to determining the availability of fresh
water supplies needed to meet the anticipated future water re-
quirements of the Delmarva Peninsula area, and with a view to
determining the most effective means from the standpoint of
hydrologic feasibility of protecting and developing fresh water
sources so as to insure, insofar as practicable, the availability of
adequate water supplies in the future. In carrying out such study
and investigation with respect to the Delmarva Peninsula, the
Secretary shall—
(1) appraise the water use, requirements, and trends, and
determine the availability of water in the streams and under-
ground sources for the entire peninsula;
(2) determine the depths, thicknesses, and permeabilities,
the perennial yield, and the recharge characteristics of major
aquifers, and the quality characteristics to be expected from
each such major aquifer;
(3) determine with respect to ground water resources the
continuity and extent of important water-gearing formations;
(4) determine the yield from stream systems under natu-
ral flow conditions and under varying degrees of storage
and the amounts and quality of waters available from such
systems during drought, flood, and intermediate conditions;
(5) determine whether sea water has moved inland into
heavily pumped coastal aquifers;
(6) give special consideration to conditions which may
invite the invasion of sea water into fresh-water supplies;
(7) compile and make available to appropriate State and
local officials any results of this study and investigation that
would be appropriate for their use in long-range planning,
development, and management of water supplies;
(8) cooperate with State and local agencies for the pur-
pose of using any information and data available to carry
out the purposes of this study; and
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2704 LEGAL COMPILATION—WATER
(9) consider such other matters as the Secretary may
deem appropriate to the study and investigation herein
authorized.
Pub.L. 89-618, § 1, Oct. 4, 1966, 80 Stat. 870.
§ 1962d—8. Same; reports to President and Congress
During the course of the study and investigation authorized
by sections 1962d—7 to 1962d—11 of this title, the Secretary may
submit to the President for transmission to the Congress such
interim reports as the Secretary may consider desirable. The
Secretary shall submit a final report to the President for trans-
mission to the Congress not more than six years after October
4, 1966.
Pub.L. 89-618, § 2, Oct. 4, 1966, 80 Stat. 870.
§ 1962d—9. Same; information from Federal agencies
The Secretary is authorized to secure directly from any execu-
tive department, bureau, agency, board, commission, office, inde-
pendent establishment, or instrumentality of the Federal Govern-
ment, information, suggestions, estimates, and statistics for the
purpose of sections 1962d—7 to 1962d—11 of this title, and each
department, bureau, agency, board, commission, office, independ-
ent establishment, or instrumentality is authorized and directed
to furnish such information, suggestions, estimates, and sta-
tistics, to the Secretary upon his or his designee's request.
Pub.L. 89-618, § 3, Oct. 4, 1966, 80 Stat. 870.
§ 1962d—10. Same; cooperation with other agencies
In carrying out the study and investigation authorized by sec-
tions 1962d—7 to 1962d—11 of this title, the Secretary is author-
ized to cooperate with other Federal, State, and local agencies now
engaged in comprehensive planning for water resource use and
development in the Delmarva Peninsula area by making available
to those agencies his findings and to cooperate with those agencies
in the Northeastern United States Water Supply Study as author-
ized by section 1962d—4 of this title.
Pub.L. 89-618, § 4, Oct. 4, 1966, 80 Stat. 871.
§ 1962d—11. Same; authorization of appropriations
There is hereby authorized to be appropriated the sum of
$500,000 to carry out the provisions of sections 1962d—7 to
1962d—11 of this title: Provided, That nothing in such sections
shall prevent the expenditure of other funds appropriated to the
Geological Survey for studies and activities performed under its
general authority.
Pub.L. 89-618, § 5, Oct. 4, 1966, 80 Stat. 871.
-------
STATUTES AND LEGISLATIVE HISTORY 2705
1.19a WATER RESOURCES PLANNING ACT
July 22, 1965, P.L. 8M80, 70 Stat. 244
AN ACT To provide for the optimum development of the Nation's natural re-
sources through the coordinated planning of water and related land resources,
through the establishment of a water resources council and river basin commis-
sions, and by providing financial assistance to the States in order to increase State
participation in such planning.
Be it enacted by the Senate and House of Representatives oj the
United States of America in Congress assembled,
SHORT TITLE
SECTION 1. This Act may be cited as the "Water Resources Plan-
ning Act".
STATEMENT OF POLICY
SEC. 2. In order to meet the rapidly expanding demands for water
throughout the Nation, it is hereby declared to be the policy of the
Congress to encourage the conservation, development, and utilization
of water and related land resources of the United States on a com-
prehensive and coordinated basis by the Federal Government, States,
localities, and private enterprise with the cooperation of all affected
Federal agencies, States, local governments, individuals, corporations,
business enterprises, and others concerned.
EFFECT ON EXISTING LAWS
SEC. 3. Nothing in this Act shall be construed—
(a) to expand or diminish either Federal or State jurisdiction,
responsibility, or rights in the field of water resources planning,
development, or control; nor to displace, supersede, limit or
modify any interstate compact or the jurisdiction or responsibility
of any legally established joint or common agency of two or more
States, or of two or more States and the Federal Government; nor
to limit the authority of Congress to authorize and fund projects;
(b) to change or otherwise affect the authority or responsibil-
ity of any Federal official in the discharge of the duties of his
office except as required to carry out the provisions of this Act
with respect to the preparation and review of comprehensive
[p. 244]
regional or river basin plans and the formulation and evaluation
of Federal water and related land resources projects;
(c) as superseding, modifying, or repealing existing laws ap-
plicable to the various Federal agencies which are authorized to
develop or participate in the development of water and related
-------
2706 LEGAL COMPILATION—WATER
land resources or to exercise licensing or regulatory functions in
relation thereto, except as required to carry out the provisions of
this Act; nor to affect the jurisdiction, powers, or prerogatives of
the International Joint Commission, United States and Canada,
the Permanent Engineering Board and the United States Oper-
ating Entity or Entities established pursuant to the Columbia
River Basin Treaty, signed at Washington, January 17, 1961, or
the International Boundary and Water Commission, United
States and Mexico;
(d) as authorizing any entity established or acting under the
provisions hereof to study, plan, or recommend the transfer of
waters between areas under the jurisdiction of more than one
river basin commission or entity performing the function of a
river basin commission.
TITLE I—WATER RESOURCES COUNCIL
SEC. 101. There is hereby established a Water Resources Council
(hereinafter referred to as the "Council") which shall be composed of
the Secretary of the Interior, the Secretary of Agriculture, the Sec-
retary of the Army, the Secretary of Health, Education, and Welfare,
and the Chairman of the Federal Power Commission. The Chairman
of the Council shall request the heads of other Federal agencies to
participate with the Council when matters affecting their responsi-
bilities are considered by the Council. The Chairman of the Council
shall be designated by the President.
SEC. 102. The Council shall—
(a) maintain a continuing study and prepare an assessment
biennially, or at such less frequent intervals as the Council may
determine, of the adequacy of supplies of water necessary to meet
the water requirements in each water resource region in the
United States and the national interest therein; and
(b) maintain a continuing study of the relation of regional
or river basin plans and programs to the requirements of larger
regions of the Nation and of the adequacy of administrative and
statutory means for the coordination of the water and related
land resources policies and programs of the several Federal
agencies; it shall appraise the adequacy of existing and proposed
policies and programs to meet such requirements; and it shall
make recommendations to the President with respect to Federal
policies and programs.
SEC. 103. The Council shall establish, after such consultation with
other interested entities, both Federal and non-Federal, as the Coun-
cil may find appropriate, and with the approval of the President, prin-
ciples, standards, and procedures for Federal participants in the
-------
STATUTES AND LEGISLATIVE HISTORY 2707
preparation of comprehensive regional or river basin plans and for the
formulation and evaluation of Federal water and related land re-
sources projects. Such procedures may include provision for Coun-
cil revision of plans for Federal projects intended to be proposed
in any plan or revision thereof being prepared by a river basin
planning commission.
SEC. 104. Upon receipt of a plan or revision thereof from any river
basin commission under the provisions of section 204(3) of this Act,
the Council shall review the plan or revision with special regard to—
(1) the efficacy of such plan or revision in achieving opti-
mum use of the water and related land resources in the area
involved;
[p.245]
(2) the effect of the plan on the achievement of other programs
for the development of agricultural, urban, energy, industrial,
recreational, fish and wildlife, and other resources of the entire
Nation; and
(3) the contributions which such plan or revision will make in
obtaining the Nation's economic and social goals.
Based on such review the Council shall—
(a) formulate such recommendations as it deems desirable in
the national interest; and
(b) transmit its recommendations, together with the plan or
revision of the river basin commission and the views, comments,
and recommendations with respect to such plan or revision sub-
mitted by any Federal agency, Governor, interstate commission,
or United States section of an international commission, to the
President for his review and transmittal to the Congress with his
recommendations in regard to authorization of Federal projects.
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
reports thereon as it may deem advisable; (2) acquire, furnish, and
equip such office space as is necessary; (3) use the United States
mails in the same manner and upon the same conditions as other de-
partments and agencies of the United States; (4) employ and fix the
compensation of such personnel as it deems advisable, in accordance
with the civil service laws and Classification Act of 1949, as amended;
(5) procure services as authorized by section 15 of the Act of August
2, 1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for in-
dividuals; (6) purchase, hire, operate, and maintain passenger motor
vehicles; and (7) incur such necessary expenses and exercise such
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2708 LEGAL COMPILATION—WATER
other powers as are consistent with and reasonably required to per-
form its functions under this Act.
(b) Any member of the Council is authorized to administer oaths
when it is determined by a majority of the Council that testimony
shall be taken or evidence received under oath.
(c) To the extent permitted by law, all appropriate records and
papers of the Council may be made available for public inspection
during ordinary office hours.
(d) Upon request of the Council, the head of any Federal depart-
ment or agency is authorized (1) to furnish to the Council such infor-
mation as may be necessary for carrying out its functions and as may
be available to or procurable by such department or agency, and (2)
to detail to temporary duty with such Council on a reimbursable basis
such personnel within his administrative jurisdiction as it may need
or believe to be useful for carrying out its functions, each such detail
to be without loss of seniority, pay, or other employee status.
(e) The Council shall be responsible for (1) the appointment and
supervision of personnel, (2) the assignment of duties and responsi-
bilities among such personnel, and (3) the use and expenditures of
funds.
TITLE II—RIVER BASIN COMMISSIONS
CREATION OF COMMISSIONS
SEC. 201. (a) The President is authorized to declare the establish-
ment of a river basin water and related land resources commission
upon request therefor by the Council, or request addressed to the
Council by a State within which all or part of the basin or basins
concerned are located if the request by the Council or by a State (1)
defines the area, river basin, or group of related river basins for which
a commission is requested, (2) is made in writing by the Governor or
[p. 246]
in such manner as State law may provide, or by the Council, and (3)
is concurred in by the Council and by not less than one-half of the
States within which portions of the basin or basins concerned are
located and, in the event the Upper Colorado River Basin is involved,
by at least three of the four States of Colorado, New Mexico, Utah,
and Wyoming or, in the event the Columbia River Basin is involved,
by at least three of the four States of Idaho, Montana, Oregon, and
Washington. Such concurrences shall be in writing.
[p.247]
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STATUTES AND LEGISLATIVE HISTORY 2709
1.19a(l) HOUSE COMMITTEE ON INTERIOR AND INSULAR
AFFAIRS
H.R. REP. No. 169, 89th Cong., 1st Sess. (1965)
WATER RESOURCES PLANNING ACT
MARCH 15, 1965.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. ROGERS of Texas, from the Committee on Interior and Insular
Affairs, submitted the following
REPORT
[To accompany H.R. 1111]
The Committee on Interior and Insular Affairs, to whom was re-
ferred the bill (H.R. 1111) to provide for the optimum development
of the Nation's natural resources through the coordinated planning
of water and related land resources, through the establishment of a
water resources council and river basin commissions, and by pro-
viding financial assistance to the States in order to increase State
participation in such planning, having considered the same, report
favorably thereon with amendments and recommend that the bill do
pass.
The amendments are as follows:
Page 2, lines 2 to 8, inclusive, strike out all of section 2 and insert
the following:
SEC. 2. In order to meet the rapidly expanding demands for
water throughout the Nation, it is hereby declared to be the
policy of the Congress to encourage the conservation, develop-
ment, and utilization of water and related land resources of the
United States on a comprehensive and coordinated basis by the
Federal Government, States, localities, and private enterprise
with the cooperation of all affected Federal agencies, States, local
governments, individuals, corporations, business enterprises, and
others concerned.
Page 2, lines 20 to 23, inclusive, strike out all of subsection (b) and
insert the following:
(b) to change or otherwise affect the authority or responsibil-
ity of any Federal official in the discharge of the duties of his
office except as required to carry out the provisions of this Act
-------
2710 LEGAL COMPILATION—WATER
with respect to the preparation and review of comprehensive
[p-l]
regional or river basin plans and the formulation and evaluation
of Federal water and related land resources projects;
Page 3, line 7, change the period to a semicolon.
Page 3, after line 7, add a new subsection to read as follows:
(d) to deprive any court of the United States or of any State
of jurisdiction over a matter in controversy affecting water or
any water course.
Page 3, line 15, after the word "other" insert "Federal".
Page 3, lines 20 to 24, inclusive, strike out all of subsection (a) and
insert the following:
(a) maintain a continuing study and prepare an assessment
biennially, or at such less frequent intervals as the Council may
determine, of the adequacy of supplies of water necessary to meet
the water requirements in each water resource region in the
United States and the national interest therein; and
Page 4, line 10, after "establish," insert "after public notice and
hearing, and".
Page 4, line 21, strike out "204 (a) (3)" and insert "204(3)".
Page 7, line 12, strike out "SEC. 201. (e)" and insert "SEC. 201. (a) ".
Page 7, line 23, to Page 8, line 2, inclusive, strike out—
or, in the event the Upper Colorado River Basin is involved,
by at least three of the four States of Colorado, New Mexico,
Utah, and Wyoming.
and insert the following:
and, in the event the Upper Colorado River Basin is involved,
by at least three of the four States of Colorado, New Mexico,
Utah, and Wyoming or, in the event the Columbia River Basin
is involved, by at least three of the four States of Idaho, Montana,
Oregon, and Washington.
Page 8, line 7, strike out "and local" and insert "local and non-
governmental".
Page 8, line 12, strike out "and local" and insert "local and non-
governmental' '.
Page 10, lines 22 and 23, strike out "agreement" and insert
"decision".
Page 11, line 4, strike out "resource" and insert "resources".
Page 18, line 22, strike out "State" and insert "State,".
Page 21, line 8, after "agencies" insert ", and nongovernmental
entities".
Page 21, line 13, after "1954," insert "or under the Land and Water
Conservation Fund Act of 1965,".
-------
STATUTES AND LEGISLATIVE HISTORY 2711
Page 23, between lines 23 and 24, insert the heading "RECORDS".
Page 24, lines 17 through 19, strike out all of section 402 and insert
in lieu thereof:
SEC. 401. There are authorized to be appropriated not to exceed
$150,000 annually to carry out the provisions of title I of this Act,
$6,000,000 annually to carry out the provisions of title II, and
$400,000 annually for the administration of III: Provided, That,
[p. 2]
with respect to title II, not more than $750,000 annually shall be
available for any single river basin commission.
PURPOSE
The purpose of H.R. 1111, introduced by Chairman Aspinall, is to
encourage and make possible the prudent development of the Na-
tion's water and related land resources through sound, comprehen-
sive, and coordinated planning. To accomplish this purpose, H.R.
1111 establishes a Cabinet-level Water Resources Council in the ex-
ecutive branch; authorizes the President to establish river basin plan-
ning commissions when and where they are needed; and provides for
financial assistance to the States for water resources planning.
The Water Resources Council will be composed of the Secretaries
of the Interior, the Army, Agriculture, and Health, Education, and
Welfare, and the Chairman of the Federal Power Commission. It
will have the responsibility for guiding the Nation's planning effort
in the water resources field and keeping the President and the Con-
gress informed on the water needs of the Nation.
The river basin commissions will be established upon the basis of
need and at the request of the States involved or of the Council.
They will prepare and keep up-to-date comprehensive, integrated
joint plans for Federal, State, interstate, local, and nongovernmental
development of water and related land resources.
The financial assistance to the States for which H.R. 1111 provides
would be on a dollar-for-dollar matching basis, and would enable
them to play a more effective role in planning the development and
conservation of their water and related land resources.
The present responsibilities of the Federal Government or of the
States relative to the development, control, or use of water will be
neither expanded nor diminished by enactment of H.R. 1111. Exist-
ing laws will not be modified or superseded by this legislation, and
commissions will not be established where adequate planning is al-
ready being accomplished by some other means. The preparation of
detailed plans and specifications for individual projects and the con-
struction and operation of works of improvement will continue to be
-------
2712 LEGAL COMPILATION—WATER
the responsibility of appropriate Federal agencies, States, municipal-
ities, local groups, or nongovernmental entities.
NEED
This Nation has been blessed thus far with a bountiful supply of
water. However, when we consider the water needs of our increasing
population and our expanding industry and agriculture, we cannot re-
gard the situation with complacency. Our present water use of
around 300 billion gallons a day is expected to be more than doubled
in the next 20 years. Until a few years ago, in most parts of our coun-
try, water was generally sufficiently plentiful to be taken for granted.
Today, we are beginning to recognize its value and necessity and cost,
and to understand how essential it is not only to meet our domestic
needs but to agriculture, commerce, industry, and recreation. An
ample supply of good quality water is essential if the United States is
to continue to grow and prosper.
Our supply of water is not always consistent with our needs of time
and place. While the overall national water supply is abundant, it
is not distributed equally. Shortages in some sections of the country
[p. 3]
are becoming critical. At the same time, in areas with adequate
quantities of water, problems arise because of floods and pollution.
Also, it is not uncommon to have floods and droughts in the same part
of the country within a period of a few months.
To meet needs of our cities and our industries as available uncom-
mitted supplies dwindle will require the movement of water over long
distances. The pollution of our rivers and streams is of grave im-
portance and of particularly deep concern because of the impact of
water quality on all water uses. Increasing concentration of popula-
tion makes treatment of sewage more important, and greater use of
water by industry intensifies the problem of pollution by industrial
waste. In addition, water resources planning must now give con-
sideration to the demand of the American people for outdoor recrea-
tion opportunities and recognize that water-oriented recreation is one
of the Nation's fastest growing industries.
Thus, we must plan the use of our Nation's available water supplies
to provide maximum benefits to all purposes—controlling floods and
preventing pollution, providing water for domestic, municipal and in-
dustrial use, and for irrigation, assisting navigation, providing hydro-
electric power and energy, and providing outdoor recreation
opportunities and fish and wildlife conservation and enhancement.
Comprehensive planning as contemplated by H.R. 1111 is a key el-
ement in resolution of the problems of water supplies and various
-------
STATUTES AND LEGISLATIVE HISTORY 2713
water use requirements which face this Nation in the years ahead.
It will permit this Nation to develop, manage, and utilize its basic
water supply to best meet demands as they arise, both in terms of
quantity and in terms of quality.
BACKGROUND
Neither the proposal that planning be conducted on a comprehen-
sive, coordinated basis nor the general approach for providing more
effective Federal-State comprehensive river basin planning which is
embodied in H.R. 1111 is new. They have been continuously urged
at least since the 1951 Report of the Water Resources Policy Commis-
sion appointed by President Truman and the 1955 Report of the Pres-
idential Advisory Committee on Water Resources Policy appointed by
President Eisenhower.
The specific legislative proposal embodied in H.R. 1111 is the prod-
uct of a concerted effort during the last 6 years. The forerunner of
this legislation was H.R. 3704 of the 86th Congress, which was de-
veloped by the committee and introduced by Chairman Aspinall in
1959. A similar bill in the 87th Congress (H.R. 2202) was also intro-
duced by Mr. Aspinall.
In July 1961, President Kennedy requested Congress to enact legis-
lation authorizing comprehensive and coordinated planning by Fed-
eral and State agencies. This request was accompanied by a draft of
a bill which was introduced as H.R. 8177 and S. 2246 in the 87th Con-
gress. H.R. 3620, introduced by Mr. O'Brien of New York, and S.
1111 of the 88th Congress were revised versions of those bills, reflect-
ing particularly the suggestions made by representatives of the States
that the river basin commissions be truly Federal-State in character.
S. 1111 passed the Senate on December 4, 1963. The committee held
4 days of hearings on it in March and April of 1964 and reported it to
the House in September after several days of executive consideration
[p. 4]
in subcommittee and full committee. However, Congress was near-
ing adjournment and the legislation was not given a rule and was not
called up in the House.
With minor changes, H.R. 1111, as introduced, is the same as the
bill approved by the committee last year.
DISCUSSION
Conservation and wise use of this Nation's natural resources is
necessary to an expanding economy, to lasting progress, and to a
continuing improvement of our way of life. In recent years, we have
become increasingly aware of the interrelated problems in the broad
-------
2714 LEGAL COMPILATION—WATER
fields of conservation and the need for greater effort in resolving
them. This particularly applies to the problems affecting the Nation's
water resources. No other major responsibility of the Federal Gov-
ernment is so divided as that relating to the conservation, develop-
ment, and utilization of the Nation's water and related land resources.
As our limited water supplies dwindle in relation to our national
needs, choices among alternative uses will have to be made. It is
therefore becoming increasingly important that an effective means
be established for water resources management which will achieve
maximum beneficial use of our limited water resources. The state-
ment of policy in H.R. 1111 is directed to this objective.
WATER RESOURCES COUNCIL
Title I of H.R. 1111 will establish a Federal Water Resources
Council to coordinate river basin plans and maintain a continuing
study of water supply requirements and management. This group,
composed of the Secretaries of the Interior, the Army, Agriculture,
Health, Education, and Welfare, and the Chairman of the Federal
Power Commission, in addition to guiding the Nation's water plan-
ning effort, will keep the President and the Congress advised on
our national water situation.
The Water Resources Council will be empowered, with the ap-
proval of the President and after public notice and hearings, to estab-
lish "principles, standards, and procedures for Federal participants in
the preparation of comprehensive regional or river basin plans and
for the formulation and evaluation of Federal water and related land
resources projects." It will also review plans submitted to it by river
basin commissions, recommend such changes in the plans as it deems
appropriate and desirable in the national interest, and transmit them
to the President with comments of other Federal and State officials
concerned. The President, in turn, will review the plans and trans-
mit them to Congress with his recommendations regarding the au-
thorization of Federal projects.
The committee believes that the Water Resources Council, with the
authority and responsibilities given to it in H.R. 1111, will provide an
effective mechanism not only for guiding our national water planning
effort but also for bringing the agency heads together on a regular
basis for coordinated planning of their respective program respon-
sibilities and for resolving interagency conflicts. Statutory authority
for this Council will, it is believed, strengthen the present collabora-
tion in water resources matters that is being accomplished by Pres-
idential direction. If this legislation is enacted, the committee expects
[p. 5]
-------
STATUTES AND LEGISLATIVE HISTORY 2715
the Council to accept responsibility for eliminating duplication of
planning effort and competition among the Federal departments and
agencies.
RIVER BASIN COMMISSIONS
Title II of H.R. 1111 creates a framework under which joint Fed-
eral-State commissions can be established where needed for planning
comprehensive development of the water and related land resources
of river basins, regions, or groups of related river basins.
The river basin commissions will serve as the principal agencies for
the coordination of Federal, State, local, and nongovernmental plans
for the development of water and related land resources in the area or
river basins where they are established. They will prepare compre-
hensive and coordinated plans and keep these plans up to date. They
will also recommend long-range schedules of priorities for the collec-
tion and analysis of basic data and for investigation, planning, and
construction of projects.
Comprehensive river basin planning must necessarily be a joint
Federal-State effort. Both States and the Federal Government have
important resource responsibilities. The language in title II explicitly
recognizes State functions and responsibilities and spells out the
Federal-State relationships involved in the planning effort.
The commissions would be made up of representatives of the
Federal Government and the basin States and, where appropriate,
interstate agencies and international commissions. Each represent-
ative would be appointed and compensated by, and responsible to the
agency or State he represents. Because of their makeup the com-
missions will be assured of acceptance and support by all interests,
local and national, governmental and nongovernmental, that are
concerned with water and associated land resources development.
The committee believes these planning commissions "would be effec-
tive in actually producing plans that make maximum and best use
of our water resources and are practicable of accomplishment. They
will submit annual reports to the Council and to the Governors of the
participating States. Such reports will be transmitted through the
President to the Congress. Proposed plans and revisions thereof
will be sent for comment to each Federal agency, Governor and,
where appropriate, interstate agency and international commission.
Final plans will be submitted to the Governors and legislatures of the
participating States and to the Council for transmission to the Presi-
dent and by him to the Congress.
The joint Federal-State concept is carried out further'by the provi-
sions that commission expenses shall be shared by the Federal Gov-
ernment and the participating States and that the commissions are
-------
2716 LEGAL COMPILATION—WATER
authorized to arrange for the services of personnel from Federal,
State, interstate, and local agencies.
The chairman, an appointee of the President, and the vice chair-
man, elected by the State members of the commission, would be
assigned special responsibilities to represent Federal and State mem-
bers respectively in matters of Federal-State relations.
It is clearly understood that river basin commissions will be created
only where and when it is determined that they are needed. Their
establishment will have to be concurred in by not less than half of the
States involved. In addition, a commission involving the Upper
Colorado River Basin or the Columbia River Basin could not be
[p. 6]
established unless, in either instance, there was concurrence by three
out of four States specifically named in the legislation. There are,
of course, regions and river basins where adequate means for com-
prehensive planning already exist and where adequate comprehen-
sive planning is already being performed. It is not intended that
functioning mechanisms which are already in existence and are
adequately performing the planning job be replaced by commissions
authorized in this legislation.
One of the virtues of H.R. 1111 is its specific recognition that no
single planning mechanism is necessarily best in all circumstances.
While providing a kind of basin commission that is likely to suit most
regions and most problems, the bill expressly recognizes and safe-
guards other arrangements such as interstate compacts. The estab-
lishment and maintenance of a soundly conceived intergovernmental
planning apparatus, however, will be simplified by enactment of a
Federal statute of general application. There will then be no need to
start afresh to negotiate the structure of a comprehensive water
resources planning effort each time it is desired to institute such
planning for a particular basin or region. On the other hand, the
parties will not be foreclosed from starting afresh if they think they
can devise a more satisfactory arrangement for their special
circumstances.
H.R. 1111 recognizes that planning is a continuing process. It
provides for developing comprehensive river basin plans and for
keeping them up to date. In recent years Congress authorized the
Texas Study Commission and the Southeast Study Commission-for
comprehensive planning covering specific areas. These commissions
have completed their studies and reports and are no longer in exist-
ence. The experience gained from the work of these two commissions
has been very helpful in developing this legislation. For instance,
these commissions had no designated authority, such as the Water
-------
STATUTES AND LEGISLATIVE HISTORY 2717
Resources Council, through which to report to the President and to
the Congress. Also, there was the problem of where to deposit their
records, backup studies, planning data, etc., at the time they went out
of existence. Then, there was the problem of the plans becoming
outdated. In at least one of these areas there is already an effort
to reestablish a permanent planning mechanism to keep the plans up
to date and to follow through with recommendations for development.
The availability of the authority in H.R. 1111 would permit basin
planning on a continuing basis to meet current needs and circum-
stances, and there would be an established procedure for forwarding,
through the Water Resources Council, the basin plans or revisions
thereof to the President and to the Congress. In addition, there
would be uniformity among the commissions and uniform pro-
cedures established for all Federal agencies and States in connection
with the work of the commissions. The relationship between the
commissions and the Federal agencies and the States would be well
understood. As compared to a procedure where planning commis-
sions would have to be separately authorized as needed, the provi-
sions of H.R. 1111 would result in saving both time and money.
Complete unanimity of opinion among the members of a river
basin commission will not always be possible. There will be diverse
interests and objectives. There will be conflicts over water use.
The language of H.R. 1111 recognizes this and provides full oppor-
tunity for expression of such diversity and for evaluation and submis-
[P-7]
sion of alternative plans for achieving optimum water resources
development. The river basin plans would be reviewed by the
Council and submitted to the President and the Congress. The
Water Resources Council would include in such transmittal its own
recommendations.
FINANCIAL ASSISTANCE TO THE STATES
The Federal matching grants to the States which are authorized in
title III of H.R. 1111 will be of great assistance to them in discharging
their responsibilities for water planning. The States will be able to
play a more active role than is now the case in planning for the de-
velopment and conservation of their water resources. Congress has
repeatedly recognized that the States have major responsibilities in
the water field and in controlling the use of their water, and the
financial assistance provided in this legislation will encourage and
assist all the States in meeting these responsibilities.
In order to obtain financial assistance a State will have to submit
its program for comprehensive water and related land resources plan-
ning to the Council for its approval. The State will then be able to
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2718 LEGAL COMPILATION—WATER
obtain, from its allotment of the amount appropriated by Congress,
up to 50 percent of the cost of carrying out the approved program.
COST
The cost of carrying out the provisions of title I of this legislation,
which provides for establishing a Water Resources Council, is esti-
mated at from $120,000 to $150,000 per year.
The cost of the assistance program to the States, provided in title
III, would be $5 million per year for 10 years, assuming that the full
amount authorized is appropriated. The cost of administering title
III is estimated at $300,000 to $400,000 per year for the 10-year period.
The cost of carrying out the provisions of title II, which provides
for establishing river basin commissions, is more difficult to estimate.
It will depend on many factors, the most important of which are the
number of commissions established and the extent to which actual
field study and planning is performed by the commissions. With
respect to the latter the committee expects actual study by the com-
missions to be held to a minimum, with the commissions functioning
principally as a coordinating group. The number of commissions
will depend largely upon need and the desire of the States or regions
where a commission might be needed. The number could run from
5 or 6 to as many as 10 or 12. It is expected that the cost will build
up gradually until the comprehensive plans for the basins or regions
where commissions are established have been completed, estimated
around 1971 or 1972, and then be reduced when the need is only for
keeping the plans up to date. Certainly the cost should not exceed
$5 or $6 million per year at the peak, with the maximum number of
commissions, and not more than $2 million after the basin plans have
been completed.
Any discussion of the cost of administering this legislation would
not be complete without pointing out the possibility of savings in
effort and money which would result from coordinated planning. The
committee believes substantial savings will accrue to the Federal
[p. 8]
Government due to elimination of duplication and waste among the
Federal agencies involved in water resources planning.
COMMITTEE AMENDMENTS
The committee adopted several amendments to H.R. 1111, none
of which, however, change the purposes and objectives of the bill or
the means for carrying them out. For the most part the amendments
are minor in nature. The more important are discussed in the follow-
ing paragraphs.
Language was added to the statement of policy to make it clear
-------
STATUTES AND LEGISLATIVE HISTORY 2719
that comprehensive and coordinated planning of the Nation's water
resources involved all segments of our economy, including not only
Federal, State, and local agencies, but also private enterprise and
other non-Federal entities.
Section 3 was amended by adding two additional disclaimers—
first, that the legislation is not to be construed as changing the
authority or the responsibility of any Federal official in the discharge
of his duties except with respect to the preparation and review of
comprehensive regional or river basin plans and the formulation and
evaluation of Federal water and related land resources projects and,
second, that the legislation is not to be construed as depriving any
court of the United States or of any State of jurisdiction over a matter
in controversy affecting water or any water course.
Section 102 requires the Council to maintain a continuing study
and to prepare a biennial assessment of the adequacy of supplies of
water necessary to meet the water requirements in each water re-
source region in the United States. An amendment was adopted
changing this provision to permit the Council to make an assessment
at intervals greater than every 2 years. This will provide flexibility
in the frequency of the assessments if the Council determines that
biennial assessments are unnecessary.
Section 103 was amended to require the Council to give public
notice and hold hearings in connection with the establishment of
principles, standards, and procedures for the preparation of compre-
hensive plans and the formulation and evaluation of water projects.
Section 201 (a) was amended so that the establishment of a River
Basin Commission in the Columbia River Basin, in addition to the
other requirements, would have to be concurred in by three of the
four States of Idaho, Montana, Oregon, and Washington. This will
protect the interests of States primarily affected.
Section 201 (b) was amended to make it clear that nongovernmental
plans and proposed developments will be considered in the coordina-
tion and planning procedures. Likewise, section 303(1) was amended
to provide that State plans be coordinated with plans of nongovern-
mental entities.
In section 303(2) language was added requiring that State water
planning be coordinated with recreation planning under the Land
and Water Conservation Fund Act.
Section 401 was amended to place a ceiling upon the amounts
authorized to be appropriated for carrying out the provisions of each
title; $150,000 annually is the amount authorized for carrying out
the provisions of title I, $6 million annually for carrying out the
provisions of title II, and $400,000 annually for the administration
[p. 9]
-------
2720 LEGAL COMPILATION—WATER
of title III. In addition, with respect to title II, not more than
$750,000 annually from Federal appropriations will be available for
any single river basin commission. These amounts are based upon
estimates discussed hereinbefore, which were developed by the com-
mittee staff in consultation with the Bureau of the Budget.
SECTION-BY-SECTION ANALYSIS
SHORT TITLE
Section 1 designates the short title as the "Water Resources Plan-
ning Act."
STATEMENT OF POLICY
Section 2 states as broad congressional policy the encouragement of
the conservation, development, and utilization of water and related
land resources on a comprehensive and coordinated basis with the
cooperation of all affected Federal, State, and local agencies, as well
as private enterprises and other nongovernmental entities.
EFFECT ON EXISTING LAWS
Section 3 makes it clear that this legislation is not to be construed as
expanding or diminishing either Federal or State jurisdiction, re-
sponsibility, or rights in the field of water resources development;
displacing or limiting any interstate compact or the jurisdiction or
responsibility of any legally established joint or common agency of
two or more States or of two or more States and the Federal Gov-
ernment; limiting the authority of Congress to authorize and fund
projects; charging the authority or responsibility of any Federal
official in the discharge of his duties except with respect to com-
prehensive water resources planning; superseding existing laws
applicable to the various Federal agencies which are authorized to
develop or participate in the development of water and related land
resources or to exercise licensing or regulatory functions in relation
thereto; affecting the jurisdiction, powers, or prerogatives of the
International Joint Commission, United States and Canada, or of
the International Boundary and Water Commission, United States
and Mexico; or depriving any court of the United States or of any
State of jurisdiction over a matter in controversy affecting water.
TITLE I WATER RESOURCES COUNCIL
Section 101 and the remaining sections of title I establish a Water
Resources Council and define its duties and responsibilities. The
Council will be composed of the Secretaries of the Interior, Agri-
culture, Army, Health, Education, and Welfare, and the Chairman of
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STATUTES AND LEGISLATIVE HISTORY 2721
the Federal Power Commission, with the Chairman designated by the
President. The heads of other departments and agencies will partici-
pate with the Council when matters affecting their responsibilities
are up for consideration.
Section 102 requires the Council to maintain a continuing study of
the adequacy of supplies or good quality water in each water resource
region in the United States and to make recommendations to the
President with respect to the adequacy of existing policies and pro-
grams to meet such requirements.
[p. 10]
Section 103 directs the Council to establish, with the approval of the
President and after public notice and hearings, principles, standard
and procedures for Federal participants in the preparation of compre-
hensive river basin plans and for the evaluation of Federal water
resources projects.
Section 104 describes the duties of the Council in reviewing the
comprehensive plans prepared by the river basin commissions estab-
lished under title II. Under this broad review authority the Council
is to evaluate such plans in terms of the national interest, assess their
adequacy to achieve optimum use of water and related resources,
appraise their effects on other resources programs, and recommend
revision or modification of the plans accordingly. After completing
its study of any plan the Council will transmit the plan together with
its recommendations thereon to the President for his review and
transmittal to the Congress.
Section 105 gives the Council authority to employ personnel,
procure consulting services, and hold hearings and receive testimony
with or without oath. Subsection (d) authorizes the head of any
Federal department or agency, upon the request of the Council, to
furnish the Council available necessary information and to detail to
temporary duty with the Council on a reimbursable basis such
personnel as may be useful to the Council's work.
TITLE II—RIVER BASIN COMMISSIONS
Creation of Commissions
Section 201 and the subsequent sections of title II provide for the
establishment by the President of river basin water resources com-
missions, describe their membership and manner of organization, and
set forth their duties, procedures, powers, and administrative au-
thority. As provided in subsection (a) the President may establish a
commission upon the request of the Governor of one or more of the
affected States or of the Council. Not less than half of the affected
States must concur. In addition, a commission involving the Upper
-------
2722 LEGAL COMPILATION—WATER
Colorado River Basin cannot be established unless there is concur-
rence by three of the four States of Colorado, New Mexico, Utah, and
Wyoming, and a commission for the Columbia Basin must be ap-
proved by three of the four States of Idaho, Montana, Oregon, and
Washington. The area for study by a commission may consist of a
region, a major river basin, or a group of related river basins in the
United States.
Subsection (b) places in each commission the responsibilities for
(1) coordinating Federal, State, local, and nongovernmental plans
for the development of water and related land resources; (2) pre-
paring and keeping up to date a comprehensive, integrated, joint plan
for Federal, State, local, and nongovernmental development of these
resources; (3) recommending long-range schedules of priorities for
the collection and analysis of basic data and for investigation, plan-
ning, and construction of projects; and (4) fostering and undertaking
studies of water and related land resources problems.
Memberships oj Commissions
Section 202 provides that each river basin commission shall be com-
posed of members appointed by the President to include (a) a chair-
man who shall not hold any other position as an officer or employee
[p. 11]
of the United States; (b) a representative of each Federal department
or agency having a substantial interest in the work of the commission;
(c) a representative from each State lying wholly or partially within
the area to be studied, such State representatives to be appointed by
the Governor unless otherwise provided by State law; (d) one repre-
sentative of any affected interstate compact commission; and (e)
one member of the U.S. section of any affected international commis-
sion.
Organization of Commissions
Section 203 requires each commission to organize within 90 days
after its establishment. A commission is terminated by decision of
the Council or by agreement of a majority of the States represented.
The Chairman will serve as coordinating officer of the Federal mem-
bers and the State members will elect a vice chairman who will serve
as coordinating officer of State members. Vacancies on the commis-
sion are to be filled in the same manner as for original appointments.
If a consensus is not reached on all issues, full opportunity is to be
afforded for presentation of individual views. Decisions with respect
to procedural matters will be made by the Chairman.
Duties of the Commissions
Section 204 places upon each river basin commission the duties to
-------
STATUTES AND LEGISLATIVE HISTORY 2723
(1) make the necessary studies and investigations; (2) submit a
report of its activities at least once each year; (3) send to the Water
Resources Council a comprehensive, integrated, joint plan for water
and related land resources development in the area, such plan first
having been submitted for comment to each Federal department or
agency, the Governor of each affected State, each interstate com-
mission and the U.S. section of any international commission con-
cerned, each of whom will have 90 days to report its views and
recommendations to the commission. The commission may modify
the plan in accordance with such comments and recommendations
which will be submitted to the Council along with its plan. Also,
along with the plan, the commission will submit recommendations for
continuing its functions and for implementing the plan.
Powers and Administrative Provisions of the Commissions
Section 205 confers on each commission general administrative
authorities, including authority to hold hearings, take testimony with
or without oath, employ necessary personnel, and procure consulting
services. The chairman of the commission is given authority to
administer oaths, to request the head of any Federal department or
agency to furnish necessary available information or to detail per-
sonnel on temporary duty with the commission on a reimbursable
basis, to appoint and supervise personnel employed by the commission,
and to administer the funds available to the commission.
Compensation of Commission Members
Section 206 governs the compensation of the members of the com-
mission. The compensation of the chairman will be fixed by the
President but will not exceed the maximum scheduled rate for grade
GS-18; or if engaged on an intermittent basis, his compensation will
be not more than $100 per day or $12,000 per annum. Compensation
for State members will be provided by the States they represent.
Representatives of any Federal department or agency or U.S. section
[p. 12]
of an international commission will receive no additional compensation
by virtue of their membership on the commission.
Section 207 provides for sharing the expenses of the commission
between the Federal Government and the States. Each commission
is to recommend what share of its expenses shall be borne by the
Federal Government, but such share shall be subject to approval by
the Council. The remainder of the commission's expenses will be
otherwise apportioned as the commission may determine. Each
commission will prepare a budget annually and transmit it to the
Council and the States for use in obtaining appropriations. A com-
-------
2724 LEGAL COMPILATION—WATER
mission may accept appropriations, donations, and grants of money,
equipment, supplies, materials, and services from any State or the
United States or any subdivision or agency thereof, or intergovern-
mental agency. The commission is required to keep accurate ac-
counts of all receipts and disbursements, which will be audited at least
annually; the report of the audit will be included in and become a
part of the annual report of the commission. The accounts of the
commission are to be open at all reasonable times for inspection by
representatives of the jurisdictions and agencies which make appro-
priations, donations, or grants to the commission.
TITLE III FINANCIAL ASSISTANCE TO THE STATES FOR COMPREHENSIVE
PLANNING
Grant Authorization
Section 301 authorizes annual appropriations of $5 million for a
period of 10 years for grants to States to assist them in developing
comprehensive water resources plans and in participating in the work
of the river basin commissions.
Allotments
Section 302 directs the Council to make allotments in accordance
with its regulations on the basis of (1) population; (2) land area;
(3) the need for comprehensive water resources planning programs;
and (4) the financial need of the respective States. The moneys
allotted will be used for financing up to 50 percent of the cost of the
State programs approved by the Council under section 303, including
costs of administration and for training personnel.
State Programs
Section 303 sets forth the major criteria for the State planning pro-
gram, which is subject to the approval of the Council. The program
must (1) provide for comprehensive water resources planning to meet
the needs for water and water related activities; (2) designate a State
agency to administer the program; (3) provide that a State will make
appropriate reports; (4) set forth adequate procedure for the State's
work; and (5) provide adequate budgeting, accounting, and other
efficient administrative procedures.
Review
Section 304 authorizes the Council to suspend payments whenever
there is a major departure from an approved program or substantial
failure in administration.
[p. 13]
Payments
Section 305 provides that payments may be made on such basis as
-------
STATUTES AND LEGISLATIVE HISTORY 2725
the Council may determine, based on estimates and subject to later
adjustment for errors in the original estimates.
Definition
Section 306 defines the term "State" as used in the act to include
the District of Columbia, Puerto Rico, and the Virgin Islands.
Records
Section 307 requires each recipient of a grant to keep such records
as the Chairman of the Council shall prescribe relative to the use of
the funds, including records necessary for an effective audit. Such
records are to be accessible to the Chairman of the Council and the
Comptroller General of the United States or any of their duly
authorized representatives.
TITLE IV—MISCELLANEOUS
Section 401 authorizes necessary appropriations for titles I and II
and for the administration of title III. A ceiling is placed on the
amount authorized to be appropriated for carrying out the provisions
of each title. The annual amount of the grants under title III is
authorized separately by section 301.
Section 402 authorizes the Council to make such rules and regula-
tions as it may deem necessary or appropriate for carrying out the
provisions of the act. This means rules and regulations necessary for
administering the act as passed by the Congress, and is not to be
construed as permitting the Council to go beyond the specific provi-
sions of the act on grounds that such procedure is necessary to carry
out some purpose stated in this act.
Section 403 authorizes the Council to delegate to any member or
employee of the Council its administrative functions under section 105
and for administering the title III grant program.
Section 404 empowers the Council to utilize, on a reimbursable
basis, officers and employees of other Federal agencies with the
consent of the head of such agency.
COMMITTEE RECOMMENDATION
The Committee on Interior and Insular Affairs recommends enact-
ment of H.R. 1111 as amended.
-------
2726 LEGAL COMPILATION—WATER
EXECUTIVE COMMUNICATIONS
Reports of various Federal agencies on H.R. 1111 follow:
EXECUTIVE OFFICE OF THE PRESIDENT,
BUREAU OF THE BUDGET,
Washington, D.C., February 2,1965.
Hon. WAYNE N. ASPINALL,
Chairman, Committee on Interior and Insular Affairs,
House oj Representatives, Washington, D.C.
DEAR MR. CHAIRMAN: This is in response to your request for our
views on H.R. 1111, a bill to provide for the optimum development
of the Nation's natural resources through the coordinated planning
of water and related land resources, through the establishment of a
[p.14]
Water Resources Council and river basin commissions, and by pro-
viding financial assistance to the States in order to increase State
participation in such planning.
For the reasons set out in the statement on this bill which I am pre-
senting to your committee on behalf of the executive branch and
subject to consideration of several amendments recommended in that
statement, the Bureau of the Budget urges favorable consideration of
H.R. 1111, the enactment of which would be in accord with the
program of the President.
Sincerely yours,
ELMER B. STAATS,
Deputy Director.
U.S. DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, D.C., February 2,1965.
Hon. WAYNE N. ASPINALL,
Chairman, Committee on Interior and Insular Affairs,
House of Representatives,
Washington, D.C.
DEAR MR. ASPINALL: This responds to your request for the views
of this Department on H.R. 1111, a bill to provide for the optimum
development of the Nation's natural resources through the coor-
dinated planning of water and related land resources, through the
establishment of a Water Resources Council and river basin commis-
sions, and by providing financial assistance to the States in order to
increase State participation in such planning.
This is the proposed Water Resources Planning Act. We are most
-------
STATUTES AND LEGISLATIVE HISTORY 2727
pleased to recommend its enactment. Two amendments to the bill
are suggested below:
The title of this bill states its objective—that the optimum con-
tribution of America's water and related land resources to the national
well-being shall be realized; and outlines the mechanism for accom-
plishing that objective—coordinated planning by a Federal Water
Resources Council and Federal-State River Basin Commissions, with
financial support for planning by the States.
Title I of the bill would establish a Cabinet-level Water Resources
Council to achieve uniformity in Federal water resource planning
activity. The membership of the Council would be the heads of
agencies with responsibilities for conservation, development, and use
of water and related land resources—namely the Secretaries of the
Interior, Army, Agriculture and Health, Education, and Welfare and
the Chairman of the Federal Power Commission. The Water Re-
sources Council would also review the comprehensive plans prepared
by the river basin commissions and make recommendations respecting
those plans to the President for transmittal to the Congress.
Title II of the bill would create a framework for establishing joint
Federal-State commissions where needed for planning the comprehen-
sive development of the water and related land resources in a river
basin, region, or group of related river basins. These commissions
would prepare comprehensive joint plans for the development of the
water and related land resources of their area for submission to the
Congress through the Water Resources Council and the President.
[P-15]
Title III of the bill would authorize Federal grants to assist the
States in carrying out their important water planning responsibilities.
The bill is at variance in two places with S. 1111 of the 88th Congress
as it was reported by your committee last year.
The first difference is the new subsection 3 (b) providing that
"Nothing in this Act shall be construed—to expand, diminish, or
change in any particular the authority or responsibility of any Federal
or State official or officials, elective or appointive, in the discharge of
the duties of his or their office;".
This subsection would seem to be of no effect so far as it concerns
State officials, whose powers cannot be changed by Federal law.
So far as it relates to Federal officials it could have an impact on
the Water Resources Council. This Council is intended as an agency
to establish uniform procedures and guides for Federal water
resources planning. It is not intended to take away or realine basic
statutory authority or responsibilities. It could not do that. Deci-
sions of the Council are expected to be reached on the basis of unanim-
-------
2728 LEGAL COMPILATION—WATER
ity and not by majority rule. These decisions may well involve an
agreement among the Department heads on changes in the way they
exercise their planning responsibilities. We suggest the deletion of
subsection 3 (b).
The second difference is found in section 201 (a) (3) relating to the
creation of river basin commissions. The general rule of the bill
is that concurrence of not less than half the States within which a
basin is located is required to establish a commission for that basin.
The new provision would qualify that general rule by requiring
that "in the event the Upper Colorado River Basin is involved * * *"
concurrence "* * * by at least three of the four States of Colorado,
New Mexico, Utah, and Wyoming," would be needed to establish
a commission. This provision would make it harder to establish a
commission for the entire Colorado River Basin or any other area
that geographically included the Upper Colorado River Basin, and,
depending on the interpretation given the word "involved," any
area having a hydrologic relationship to the Upper Colorado River
Basin. We think the States of the Upper Colorado Basin are ade-
quately safeguarded by other provisions in the bill. There are other
safeguards in the bill. Each State is assured of membership on any
commission whose jurisdiction includes the upper basin, and the
individual State's views on any plan developed by the commission
would be included with the plan in all stages of review and before the
Congress. States of the upper basin have special concern for their
basin, but this is not unique, and we fear that setting up special rules
for one basin would be used to justify other exceptions which could
impair its uniform nationwide application.
We, therefore, suggest putting a period after "located" in line 23,
page 7, and deleting the balance of the sentence.
How best to organize for the coordinated planning for development
of the Nation's water and related land resources has been extensively
considered in the States, the Congress, and the Federal executive
branch for almost 4 years. H.R. 1111 is the product of these delibera-
tions. If amended as suggested above it would be identical to S. 1111
of the 88th Congress as it was reported by the House Committee on
Interior and Insular Affairs. This bill is the end product of construc-
tive, cooperative thinking on what pattern of organization will
produce the best plans for developing our water and related land
[p.16]
resources in the best interests of the Nation. We in the Department
of the Interior are in accord with this thinking, and recommend that
the Congress enact the bill.
-------
STATUTES AND LEGISLATIVE HISTORY 2729
The Bureau of the Budget has advised that enactment of the bill
with the amendments suggested above would be in accord with the
president's program.
Sincerely yours,
STEWART L. UDALL,
Secretary of the Interior.
DEPARTMENT OF THE ARMY,
March 5, 1965.
Hon. WAYNE N. ASPINALL,
Chairman, Committee on Interior and Insular Affairs,
House of Representatives.
DEAR MR. CHAIRMAN: Reference is made to your request to the
Secretary of Defense for the views of the Department of Defense on
H.R. 1111, 89th Congress, a bill to provide for the optimum develop-
ment of the Nation's natural resources through the coordinated plan-
ning of water and related land resources, through the establishment
of a Water Resources Council and river basin commissions, and by
providing financial assistance to the States in order to increase State
participation in such planning. The Department of the Army has
been assigned responsibility for expressing the views of the Depart-
ment of Defense on this bill.
Title I of this bill would establish a Water Resources Council com-
posed of the Secretaries of Agriculture, Army, Interior, and Health,
Education, and Welfare, and the Chairman of the Federal Power
Commission. The Council would be authorized to maintain con-
tinuing studies of the adequacy of water supplies necessary to meet
the requirements in each resource region in the United States and of
the relation of regional or river basin plans to the requirements of
larger regions of the Nations. The Council would also establish
standards for Federal participants in the preparation of comprehen-
sive regional or river basin plans and for formulation and evaluation
of Federal water resources projects.
Title II would authorize the President to establish a River Basin
Water and Related Land Resources Commission upon request by the
Water Resource Council or by a State within which all or part of the
basin or basins concerned are located, provided the Council and not
less than one-half the States involved agree. In the event the Upper
Colorado River Basin is involved the concurrence of at least three of
the four States of Colorado, New Mexico, Utah, and Wyoming would
be required. The commission would (1) serve as a coordinating
agency for Federal, State, interstate, and local plans for water and
related land resource development in its area, river basin or group of
basins; (2) prepare a comprehensive joint development plan; (3)
-------
2730 LEGAL COMPILATION—WATER
recommend priority schedules for collection of data and investigation,
planning, and construction of projects; and (4) foster necessary
studies. The President would appoint a Chairman. Representatives
would be appointed by Federal agencies concerned, and States would
appoint their representatives to the Commission. International and
interstate commissioners involved would also have representatives.
[p. 17]
The Chairman would represent the Federal Government in Federal-
State relations on the Commission and the States would be repre-
sented by a Vice Chairman elected by the States.
Title III of the bill would authorize financial assistance to the States
through grants for comprehensive planning.
The Department of the Army is in full accord with the desirable
goal of attaining comprehensive and coordinated water resource
development planning, with the cooperation of affected Federal agen-
cies and States. This bill would provide the means by which com-
prehensive water development plans for the major basis of the
United States may be achieved, and through which States may be
enabled to participate in the preparation of such plans. The basic
purpose of this legislation is also, of course, substantially in accord
with the President's statement in his budget message concerning
legislation "to authorize river basin planning commissions and grants
to States for planning the best use of water resources." Accordingly,
this Department supports enactment of H.R. 1111.
The Bureau of the Budget advises that, from the standpoint of the
administration's program, there is no objection to the presentation of
this report for the consideration of the committee.
Sincerely yours,
STEPHEN AILES,
Secretary of the Army.
DEPARTMENT OF AGRICULTURE,
Washington, D.C., February 2,1965.
Hon. WAYNE N. ASPINALL,
Chairman, Committee on Interior and Insular Affairs,
House of Representatives, Washington, D.C.
DEAR MR. CHAIRMAN: This is in reply to your letter of January 6,
1965, requesting our views on H.R. 1111, a bill to provide for the
optimum development of the Nation's natural resources, through
the coordinated planning of water and related land resources, through
the establishment of a Water Resources Council and river basins
commissions, and by providing financial assistance to the States
in order to increase State participation in such planning.
-------
STATUTES AND LEGISLATIVE HISTORY 2731
Title I of H.R. 1111 provides for the establishment of a Water
Resources Council to be composed of the Secretaries of the Interior,
Agriculture, Army, and Health, Education, and Welfare and the
Chairman of the Federal Power Commission. The President would
designate the Chairman of the Council. The Council would maintain
a continuing study of the adequacy of the Nation's water supplies
and the relation of river basin plans and programs to the requirements
of regional and national development and the approval of the Presi-
dent, establish principles, standards, and procedures for Federal
participants in the preparation of comprehensive regional or river
basin plans and for the formulation and evaluation of Federal water
and related land resources projects. The Council will review river
basin plans and make recommendations in the national interest.
Title II provides for the establishment of river basin commissions
and for the conduct of comprehensive planning within the major
river basins of the United States.
Title III would authorize Federal grants of a total of $5 million per
year for 10 years to aid States with comprehensive water resources
[p. 18]
planning. The States would be required to submit a proposed pro-
gram and the Federal grant would be limited to not more than 50
percent of the cost of carrying out the program.
The Department of Agriculture endorsed H.R. 1111 as it was passed,
by the Senate in the 88th Congress, and strongly supports the ob-
jectives of this proposed water resources planning legislation. The
amendments made by the House committee have been reviewed
and, except as noted below, are generally acceptable. Accordingly,
this Department recommends enactment of H.R. 1111 with the
suggestion that further attention be given the following considerations:
The language of the amendment adding subsection 3 (b) appears to
unduly restrict the functions of the Water Resources Council. In
order to achieve uniformity and coordination in developing a com-
prehensive program, it may be necessary to allow some leeway for
modifying the conduct of participating programs. If the section is
to be retained, at least the phrase "in any particular" might well be
deleted from lines 20 and 21 of page 2.
We also note a typographical error in line 17 of page 24. This line
apparently should read "SEC. 401. There are authorized to be
appropriated such," rather than duplicating line 21.
The Bureau of the Budget advises that there is no objection to the
presentation of this report and that enactment of the proposed
legislation would be in accord with the President's program.
Sincerely yours,
ORVILLE L. FREEMAN, Secretary.
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2732 LEGAL COMPILATION—WATER
DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE,
February 9, 1965.
Hon. WAYNE N. ASPINALL,
Chairman, Committee on Interior and Insular Affairs,
House of Representatives,
Washington, D.C.
DEAR MR. CHAIRMAN: This letter is in response to your request of
January 6, 1965, for a report on H.R. 1111, a bill "To provide for the
optimum development of the Nation's natural resources through the
coordinated planning of water and related land resources, through
the establishment of a Water Resource Council and river basin com-
missions, and by providing financial assistance to the States in order
to increase State participation in such planning."
Title I of the bill would establish a Water Resources Council,
composed of the Secretaries of the Interior, the Army, and Health,
Education, and Welfare, and the Chairman of the Federal Power
Commission, the Chairman of the Council to be designated by the
President. The Council would be directed to maintain a continuing
study and to prepare a biennial assessment of water resources needs
throughout the Nation and to establish, with the approval of the
President, principles, standards, and procedures for Federal partici-
pants in the preparation of comprehensive regional or river basin
plans and for the formulation and evaluation of Federal water and
related land resources projects, which procedures may include provi-
sion for Council revision of plans for Federal projects. The Council
would be directed to review a plan or revision received from any river
basin commission and. on the basis of such review, to formulate such
[p.19]
recommendations as it deems desirable in the national interest, and to
transmit them, with the plan or revision, and the comments of other
Federal, State, or interstate officials concerned, to the President for
his review and transmittal to Congress with his recommendations
respecting the authorization of Federal projects.
The Council, to which each river basin commission would submit
its water and related land resources development plan, would be in a
position to assess the merits of each plan in relation to the others and
to the overall needs of the Nation. The authority which H.R. 1111
would confer on the Council is requisite, in order for it to apply that
knowledge, and the experience of the major water resources agencies
represented on the Council, to the effective support of the objectives
of the proposed Water Resources Planning Act.
Title II of H.R. 1111 would provide for the establishment of joint
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STATUTES AND LEGISLATIVE HISTORY 2733
Federal-State commissions to plan the comprehensive development
of the water and related land resources of areas, river basins, or
groups of related river basins in the United States. Among the re-
quirements for the establishment of a commission is the concurrence
in writing by the Council and by not less than one-half of the States
within which portions of the basin or basins concerned are located.
An exception to this general provision is the requirement, that if the
Upper Colorado River Basin is involved, at least three of the four
States of Colorado, New Mexico, Utah, and Wyoming shall give their
concurrences. This Department's primary concern in the field of
water resources development is the assurance of sufficient supplies of
water of adequate quality for all legitimate purposes. We are un-
aware of any need for the bill's departure, with respect to the Upper
Colorado Basin, from the otherwise uniform rule established by the
bill with respect to the establishment of commissions. The bill is
based on the principle of cooperation between interested States and
between them and the Federal Government and, we believe, would
adequately protect the interests of all the States without special
provisions for particular river basins.
We fully agree with the statement of policy set forth in section 2 of
the bill to encourage the conservation, development, and utilization
of water and related land resources of the United States on a compre-
hensive and coordinated basis, with the cooperation of all levels of
government and others concerned, in order to meet the rapidly ex-
panding demands for water throughout the Nation. In discharging
our responsibilities for the preparation and development of compre-
hensive programs for water pollution control, this Department has
a major concern with the formulation of appropriate and desirable
patterns of coordination in water resources planning. H.R. 1111
provides, in our view, a vehicle for this purpose.
We would, therefore, favor the enactment of H.R. 1111, modified
to provide a uniform rule for the establishment of river basin com-
missions.
We are advised by the Bureau of the Budget that there is no objec-
tion to the presentation of this report from the standpoint of the
administration's program.
Sincerely,
WILBUR J. COHEN,
Assistant Secretary.
[p. 20]
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2734 LEGAL COMPILATION—WATER
FEDERAL POWER COMMISSION,
Washington, February 15, 1965.
Re H.R. 1111, 89th Congress, Water Resources Planning Act.
Hon. WAYNE N. ASPINALL,
Chairman, Committee on Interior and Insular Ajjmrs,
House of Representatives, Washington, D.C.
DEAR MR. CHAIRMAN: In response to your request of January 6,
1965, there are enclosed copies of the report of the Federal Power
Commission on the subject bill.
It is contemplated that this report may be released by the Com-
mission to the public within 3 working days from the date of this
letter unless there is a request that its release be withheld.
Sincerely,
DAVID S. BLACK, Acting Chairman.
REPORT ON H.R. 1111, 89ra CONGRESS
A BILL To provide for the optimum development of the Nation's natural resources
through the coordinated planning of water and related land resources, through the
establishment of a water resources council and river basin commissions, and by
providing financial assistance to the States in order to increase State participation
in such planning
The proposed legislation, which would be known as the Water
Resources Planning Act, declares the policy of Congress to encourage
the conservation, development, and utilization of water and related
land resources on a comprehensive and coordinated basis with the
cooperation of Federal, State, and local governments and others con-
cerned. To implement this policy the bill would create a Water
Resources Council composed of the Secretaries of the Interior, Agri-
culture, the Army, and Health, Education, and Welfare, and the Chair-
man of the Federal Power Commission as regular members. The
Council would be an interagency coordinating group charged with
broad responsibilities for formulating, evaluating, and coordinating
water resources plans on a national basis. The bill would also provide
for the setting up of intergovernmental river basin commissions,
composed of representatives of interested State and Federal agencies.
These commissions would be responsible for preparing and coordinat-
ing regional or area plans. Appropriations of $5 million annually for
10 years would be authorized to assist the States in water and related
land resources planning.
The desirability of establishing formally an effective coordinating
entity in the field of water resources planning and development has
-------
STATUTES AND LEGISLATIVE HISTORY 2735
been generally recognized in recent years.1 This need has been
particularly evident with respect to coordination of Federal and non-
federal development. Establishment of the proposed machinery to
facilitate participation by State and local interests should lead to
fuller understanding and more effective cooperation between the
United States and State and local interests concerned with the
development of water and related land resources.
[p.21]
H.R. 1111 would make it possible for the Federal Power Commis-
sion, by means of the membership of its Chairman on the proposed
Water Resources Council, to bring to bear its long experience in
comprehensive planning of water resources projects derived from
administration of the Federal Power Act and from participation in
planning Federal river development projects under various other acts.
Under the broad provisions of the Federal Power Act the Com-
mission, in addition to licensing non-Federal hydroelectric develop-
ments, has over the years studied power possibilities on streams
throughout the United States and has accumulated and keeps current
a large volume of data on all segments of the power industry, publicly
and privately owned, its capacity, operations, requirements, loads,
locations, and interconnections. As part of the national power
survey, recently published by the Commission, a survey of the Na-
tion's hydropower potential was undertaken which emphasized the
need for long-range comprehensive plans to harmonize the require-
ments of all water uses. In connection with other statutory responsi-
bilities, the Commission cooperates with Federal constructing
agencies in developing plans for the comprehensive development of
river basins; and since 1943 the Commission has been a full member
of the Federal Interagency Committee on Water Resources (and its
predecessor committee) established to coordinate the planning and
development of river basin projects.
Section 3 of the bill preserves the Commission's licensing and
related statutory functions. Section 103 assigns to the Water Re-
sources Council the vitally important function of establishing guiding
principles, standards, and procedures for Federal projects. With
regular membership on the Water Resources Council provided in
section 101, the Commission will be able to continue to fulfill its
statutory functions effectively and at the same time contribute to the
work of the Council.
1 See the Jan. 17, 1956, report of the Presidential Advisory Committee on Water Resources
Policy (H. Doc. No. 315, 84th Cong., 2d sess ), the June 1955 report on water resources and
power submitted by the Commission on Organization of the Executive Branch of the Govern-
ment (known as the second Hoover Commission), the June 1955 report and accompanying
studies on natural resources and conservation submitted by the Commission on Intergovern-
mental Relations, and the Jan. 30, 1961, report (S. Kept. 29, 87th Cong., 1st sess ), submitted
by the Select Committee on National Water Resources set up pursuant to S. Res. 48 of the
86th Cong.
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2736 LEGAL COMPILATION—WATER
H.R. 1111 is substantially similar to S. 1111, 88th Congress, which
was passed by the Senate on December 4, 1963, and on which we
favorably reported to your committee on March 23, 1964 (H. Kept.
1877, 88th Cong.). We continue to support this bill and recommend
its early enactment.
DAVID S. BLACK,
Chairman.
[p. 22]
1.19a(2) SENATE COMMITTEE ON INTERIOR AND INSULAR
AFFAIRS
S. REP. No. 68, 89th Cong., 1st Sess. (1965)
WATER RESOURCES PLANNING ACT
FEBRUARY 24, 1965.—Ordered to be printed
Mr. ANDERSON, from the Committee on Interior and Insular Affairs,
submitted the following
REPORT
[To accompany S. 21]
The Committee on Interior and Insular Affairs, to whom was
referred the bill (S. 21) to provide for the optimum development of
the Nation's natural resources through the coordinated planning of
water and related land resources, through the establishment of a
water resources council and river basin commissions, and by providing
financial assistance to the States in order to increase State participa-
tion in such planning, having considered the same, report favorably
thereon with amendments and recommend that the measure, as
amended, do pass.
Committee action in ordering S. 21 reported favorably with amend-
ments was unanimous.
PURPOSE OF BILL
The purpose of S. 21, which has the bipartisan cosponsorship of
Senators Anderson, Bartlett, Bible, Eastland, Hart, Hartke, Jordan
of Idaho, Metcalf, McGovern, Moss, Tower, and Yarborough, is to
encourage the wise management, orderly development, and highest
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STATUTES AND LEGISLATIVE HISTORY 2737
possible uses of our water and related land resources through coordi-
nated and cooperative efforts by Federal agencies and the State and
local governments. It would attain these objectives by—
(1) establishing a Water Resources Council composed of the
Secretaries of Interior, Agriculture, Army, and Health, Educa-
tion, and Welfare, and the Chairman of the Federal Power Com-
mission (such a group has been functioning, in fact, on an ad hoc
basis) ;
(2) authorizing the creation by the President of river basin
commissions for coordinated studies and planning within a State,
basin, or group of basins; and
(3) providing Federal grants to the States to assist them in
developing comprehensive water and related land resources plans.
[p.l]
Thus, S. 21 is another forward step in Federal-State cooperative
planning and execution of basic programs essential to both the States
and the Nation. The bill carefully spells out that none of its pro-
visions shall "expand or diminish either Federal or State jurisdiction,
responsibility, or rights in the field of water resources planning,
development or control; * * *" (sec. 3(a)).
By its terms, S. 21 would not repeal, amend, nor modify existing
law, nor impinge upon the jurisdiction or authority of presently
constituted agencies and specified international commissions.
PREVIOUS LEGISLATIVE ACTION
The present bill is substantially identical to S. 1111, 88th Congress,
as that measure was amended and reported favorably by the House
Committee on Interior and Insular Affairs after it had passed the
Senate on December 4, 1963. It failed to obtain a rule prior to ad-
journment of the 88th Congress. S. 1111 was the subject of compre-
hensive hearings in September of 1963 and received widespread
support from State and local government agencies and private groups.
These hearings are incorporated by reference into the public hearings
the Subcommittee on Irrigation and Reclamation held February 5,
1965, on S. 21 at which Mr. Elmer B. Staats, Deputy Director, Bureau
of the Budget, expressed the strong support of the administrative
agencies for the measure.
BACKGROUND
S. 21 and its predecessor bills are a direct outgrowth of findings and
recommendations of the Senate Select Committee on National Water
Resources, of which the late Senator Robert S. Kerr, of Oklahoma,
was chairman. In its notable report, published January 30, 1961,
-------
2738 LEGAL COMPILATION—WATER
the committee found that six types of water problems confront various
areas of the Nation: Supply, distribution, natural quality, pollution,
variability, and floods.
It found that five major regions in the Nation will have inadequate
water supply in 1980 to meet anticipated increases in population and
economic activity even with full development:
1. South Pacific.
2. Colorado River Basin.
3. Great Basin (Utah-Nevada-California).
4. Upper Rio Grande-Pecos.
5. Upper Missouri River Basin.
By the year 2000, the select committee foresaw supply shortages
also in the Upper Arkansas-Red River Basins, the western Great
Lakes States, and the Louisiana-Texas western gulf area.
Other major areas of the Nation, the committee found, would have
adequate usable water only if they invest billions in pollution control,
recycling, storage reservoirs to level out variable seasonal flows, and
establish more efficient management practices.
The whole great industrial area of the United States from Boston
south to Norfolk, Va., and then sweeping west in a great band to
Kansas City and Sioux Falls, S. Dak., was found to be in the latter
category.
[p. 2]
The Senate select committee made five major recommendations.
Shortened, they were:
1. The Federal Government, in cooperation with the States,
should prepare and keep up to date plans for comprehensive
water development and management for all major river basins
in the United States * * *.
2. The Federal Government should stimulate more active par-
ticipation by States in planning and undertaking water develop-
ment and management activities by setting up a 10-year program
of grants to the States for water resources planning. A minimum
of $5 million should be made available annually for matching
by States * * *.
3. The Federal Government should undertake a coordinated
scientific research program on water * * *.
4. The Federal Government should prepare biennially an
assessment of the water supply-demand outlook for each of the
water resource regions of the United States * * *.
5. The Federal Government in cooperation with the States
should take * * * steps to encourage efficiency in water develop-
ment and use * * *.
-------
STATUTES AND LEGISLATIVE HISTORY 2739
The third recommendation has been enacted into law with the
passage of S. 2, 88th Congress, which became Public Law 88-379, the
Water Resources Research Act.
S. 21 is intended to implement the remaining recommendations.
President John F. Kennedy, on July 13, 1961, transmitted to Con-
gress the original river basin planning bill, which became S. 2246
of the 87th Congress. Its objectives, to provide for development of
comprehensive river basin plans, biennial assessments of regional
water needs and supplies, aid to the States, and encouragement of
more efficient water development, management, and use, were the
same as the objectives in the pending bill, as was much of the
language.
Title I of President Kennedy's bill provided for a Federal Water
Resources Council, giving it responsibility for the biennial water
surveys, stimulation of river basin planning, and administration of
aid to the States.
Title II of President Kennedy's bill provided for the establishment
of river basin planning commissions, including representatives of the
States, whose members would all, however, be appointed by the
President. The title was nearly identical to a river basin planning
commission act submitted to Congress, January 16, 1961, by the
preceding national administration.
Title III of President Kennedy's bill provided for $5 million aid
to States each year for 10 years for water resources planning, as
proposed in bills then pending in Congress by Senator Robert Kerr,
chairman of the select committee, and Senator Clinton P. Anderson,
a committee member.
Hearings on S. 2246 were held jointly in 1961 by the Senate Interior
and Insular Affairs Committee and the Senate Committee on Public
Works.
Representatives of the Interstate Conference on Water Problems
and many others opposed portions of the bill, urging that it include
a recognition of "primary" interest on the part of the States in water
resources, and that the States appoint and compensate their own
representatives on any basin commissions which might be created,
[p. 3]
giving the States full and direct representation and participation as
autonomous units of government.
A second hearing was conducted by the Committee on Interior and
Insular Affairs in 1962 to receive the detailed views of States pre-
sented by the Interstate Conference on Water Problems and other
witnesses.
Throughout the fall and winter of 1962-63, representatives of the
-------
2740 LEGAL COMPILATION—WATER
Interior Committee, the interstate conference, and other interested
organizations conferred repeatedly on satisfactory draft of legislation.
The Nation had for 55 years unsuccessfully sought a formula for
comprehensive river basin planning. On February 3, 1908, President
Theodore Roosevelt's Inland Waterways Commission recommended
"prompt and vigorous action" by the States and the Federal Govern-
ment to develop comprehensive plans for all the Nation's river basins.
In the intervening years many approaches have been attempted.
No general planning mechanism has been adopted. A few basin
plans have been developed by independently authorized commissions
or administrative agencies. A few are reasonably comprehensive.
Others are not at all comprehensive, and are for limited purposes
only.
In a few river basins, planning agencies have been established
which have Federal and State support and cooperation, including the
Tennessee Valley Authority, the Columbia Basin Interagency Com-
mittee, and the Delaware River Basin Compact Commission. The
Interior Department, in its report of September 11, 1963, on S. 1111,
88th Congress, correctly assumed that the bill did not intend to sup-
plant or supersede such established planning bodies, and the com-
mittee affirms this legislative intent with respect to S. 21.
Through the years since 1908, however, the State and Federal
Governments' differences have prevented widespread, comprehen-
sive, multiple-purpose planning of water and related land resources in
"most river basins. Prior to the general agreement on S. 1111 of the
last Congress, a general pattern for planning has been impossible to
achieve.
FEDERAL-STATES RIGHTS NOT INVOLVED
In approaching the problem of developing a pattern for planning
which might prove widely acceptable to State and Federal interests
and expedite planning, conferees on President Kennedy's proposal
first agreed that the final measure should avoid any attempt to adjudi-
cate or affect State and Federal authorities over water and related
land resources, or to displace any established agencies or in any way
alter existing interstate and State-Federal arrangements or compacts,
such as the Colorado River compact with its Upper and Lower Col-
orado Basin divisions. Section 3 of S. 21 is a statement and proposed
enactment of these basic purposes, as follows:
SEC. 3. Nothing in this Act shall be construed—
(a) to expand or diminish either Federal or State juris-
diction, responsibility, or rights in the field of water re-
sources planning, development, or control; nor to displace,
supersede, limit, or modify the jurisdiction or responsibility
-------
STATUTES AND LEGISLATIVE HISTORY 2741
of any legally established joint or common agency of two or
more States, or of two or more States and the Federal Gov-
ernment; nor to limit the authority of Congress to authorize
[p. 4]
and fund projects; nor to limit the use of other mechanisms,
if preferred by the participating governmental units, in the
water resources field;
(b) as superseding, modifying, or repeating existing laws
applicable to the various Federal agencies which are au-
thorized to develop or participate in the development of
water and related land resources, or to exercise licensing or
regulatory functions in relation thereto; nor to affect the
jurisdiction, powers, or prerogatives of the International
Joint Commission, United States and Canada, the Perma-
nent Engineering Board and the United States Operating
Entity or Entities established pursuant to the Columbia
River Basin Treaty, signed at Washington, January 17, 1961,
or of the International Boundary and Water Commission,
United States and Mexico.
The committee believes that when water problems are approached
from a planning basis, by planners for optimum development, State
and Federal rights issues will seldom, if ever, create deadlocks.
Benefits which may result from various engineering plans are cal-
culable and measurable, and provide a tangible, factual basis for
agreement on project plans.
The resolution of the States' rights issue in the field of water re-
source development, if it is in fact an issue, should be the subject of
separate legislation.
The committee is convinced that the planning and water rights
issues have been successfully separated and that S. 21 will not directly
nor indirectly affect the rights and jurisdiction of either the States or
Federal Government over development of water resources.
THE COMMITTEE AMENDMENTS
In addition to certain technical corrections in language and style,
the committee adopted the following substantive amendments:
(1) Page 2, line 12, the word "modify" was added to give further
certainty to the disclaimer of any intent that the bill will in any way
affect existing Federal-State relationships with respect to respon-
sibility, jurisdiction, and rights over water and water resource
development.
(2) Page 3, line 1, after the word "Canada" add: "the Permanent
Engineering Board and the United States Operating Entity or Entities
-------
2742 LEGAL COMPILATION—WATER
established pursuant to the Columbia River Treaty." Clearly, the
functions of these agencies, along with those of the Joint Commission
and the Mexican Boundary and Water Commission, all of which were
established by treaty for international waters, should not be within
the purview of unilateral planning by a domestic organization within
the United States.
(3) Page 3, line 16, after the word "biennial" add "or at such less
frequent intervals as the Council may determine." This amendment
was recommended by the Bureau of the Budget which urged that
there be some flexibility in the frequency of such assessments. The
Council itself would be in the best position to judge individual cases.
(4) Page 7, line 21, change the period after the word "located" to a
colon and add: "Provided, That for the purpose of this Act, the
Upper Colorado River Basin shall be considered a separate river
[p. 5]
basin." This amendment recognizes that the Upper and Lower
Colorado River Basins are in law and in fact two separate basins with
separate problems and separate planning needs.
(5) Page 8, after line 20, add a new subsection, subsection (c), as
follows:
(c) The provisions of this title II shall not apply to the Co-
lumbia River Basin.
The reason for exempting the Columbia Basin from the river basin
commission provisions of S. 21 is that in the Columbia, cooperative
State and Federal arrangements for basinwide planning of resource
development have been established for many years. A Columbia
Basin Interagency Committee is in existence. It already is carrying
out the functions that a commission established pursuant to title II
would perform, and the committee deemed it wise to avoid needless
duplication. The States of the Columbia Basin would, of course, par-
ticipate in the States assistance program provided by title III.
(6) Page 16, line 10, after the word "commission" add the words
"with the approval of the vice chairman." This amendment was
adopted to make certain that the States would have a voice in selec-
tion of staff and expert consultants, assignment of duties, and in the
use and expenditure of funds available to a commission.
(7) Page 24, line 16, after the word "sums" add "not to exceed $10
million annually." This is simply a limitation on the amounts that
may be appropriated yearly for the activities of the Water Resources
Council established by title I, the creation and functioning of the
river basin commissions authorized by title II, and the expenses of
administering the planning assistance to the States envisioned by
title III. Appropriation authorization for grants to the States is pro-
vided for separately in title III.
-------
STATUTES AND LEGISLATIVE HISTORY 2743
EXECUTIVE AGENCY REPORTS
The favorable reports on S. 21 submitted by the Department of
the Interior, the Bureau of the Budget, and the Federal Power Com-
mission are set forth in full below. In addition, the reports on S.
1111, 88th Congress, of the Department of Agriculture, the Depart-
ment of Health, Education, and Welfare, are incorporated, by ref-
erence into this report.
U.S. DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, D.C., February 2,1965.
Hon. HENRY M. JACKSON,
Chairman, Committee on Interior and Insular Affairs,
U.S. Senate, Washington, D.C.
DEAR SENATOR JACKSON: This responds to your request for the
views of this Department on S. 21, a bill to provide for the optimum
development of the Nation's natural resources through the coordi-
nated planning of water and related land resources, through the
establishment of a water resources council and river basin commis-
sions, and by providing financial assistance to the States in order to
increase State participation in such planning.
[p-6]
This is the proposed Water Resources Planning Act. We are most
pleased to recommend its enactment.
The title of this bill states its objective, that the optimum contribu-
tion of America's water and related land resources to the national
well-being shall be realized, and outlines the mechanism for accom-
plishing that objective, coordinated planning by a Federal Water
Resources Council and Federal-State river basin commissions, with
financial support for planning by the States.
Title I of the bill would establish a Cabinet-level Water Resources
Council to achieve uniformity in Federal water resource planning
activity. The membership of the Council would be the heads of
agencies with responsibilities for conservation, development, and use
of water and related land resources; namely, the Secretaries of the
Interior, Army, Agriculture, and Health, Education, and Welfare,
and the Chairman of the Federal Power Commission. The Water
Resources Council would also review the comprehensive plans pre-
pared by the river basin commissions and make recommendations
respecting those plans to the President for transmittal to the Congress.
Title II of the bill would create a framework for establishing joint
Federal-State commissions where needed for planning the compre-
hensive development of the water and related land resources in a
-------
2744 LEGAL COMPILATION—WATER
river basin, region, or group of related river basins. These com-
missions would prepare comprehensive joint plans for the develop-
ment of the water and related land resources of their area for
submission to the Congress through the \Vater Resources Council and
the President.
Title III of the bill would authorize Federal grants to assist the
States in carrying out their important water planning responsibilities.
We have not discussed the provisions of S. 21 in detail in this letter.
How best to organize for the coordinated planning for development
of the Nation's water and related land resources has been exhaus-
tively considered in the States, the Congress, and the Federal execu-
tive branch for almost 4 years. S. 21 is the product of those
deliberations. It is identical to S. 1111 of the 88th Congress as it was
reported by the House Committee on Interior and Insular Affairs.
As such, this bill is the end product of constructive, cooperative think-
ing on what pattern of organization will produce the best plans for
developing our water and related land resources in the best interests
of the Nation. We in the Department of the Interior are in accord
with this thinking, and recommend that the Congress enact the bill.
The Bureau of the Budget has advised that enactment of the bill
would be in accord with the President's program.
Sincerely yours,
STEWART L. UDALL,
Secretary of the Interior.
EXECUTIVE OFFICE OF THE PRESIDENT,
BUREAU OF THE BUDGET,
Washington,, D.C., February 4, 1965.
Hon. HENRY M. JACKSON,
Chairman, Committee on Interior and Insular Affairs,
U.S. Senate, Washington, D.C.
DEAR MR. CHAIRMAN: This is in response to your request for our
views on S. 21, a bill to provide for the optimum development of the
[p. 7]
Nation's natural resources though the coordinated planning of water
and related land resources, through the establishment of a water
resources council and river basin commissions, and by providing
financial assistance to the States in order to increase State participa-
tion in such planning.
For the reasons set out in the statement on this bill which I am pre-
senting to your co. '"mittee on behalf of the executive branch and
subject to consideratioi of an amendment recommended in that
statement, the Bureau of the Budget urges favorable consideration
-------
STATUTES AND LEGISLATIVE HISTORY 2745
of S. 21, the enactment of which would be in accord with the pro-
gram of the President.
Sincerely yours,
ELMER B. STAATS,
Deputy Director.
SUPPLEMENTAL TO STATEMENT BY ELMER B. STAATS, DEPUTY DIRECTOR,
BUREAU OP THE BUDGET, BEFORE THE SUBCOMMITTEE ON IRRIGATION
AND RECLAMATION OF THE COMMITTEE ON INTERIOR AND INSULAR
AFFAIRS OF THE SENATE ON S. 21, "WATER RESOURCES PLANNING
ACT"
Outlined below is a brief description of the main aspects of the bill.
Title I would establish the Water Resources Council. The Council
would be a Federal interagency council for the purposes of—
1. maintaining a continuing study and biennial assessment of
the adequacy of water supplies to meet water requirements;
2. reviewing the plans of river basin commissions;
3. coordinating Federal planning efforts;
4. appraising the adequacy of existing and proposed policies
and programs; and
5. making recommendations to the President with respect to
Federal policies and programs.
The Council would consist of the Secretaries of the Interior, Ag-
riculture, Army, and Health, Education, and Welfare, and the Chair-
man of the Federal Power Commission.
The heads of other interested agencies would, from time to time, be
requested to participate with the Council as problems involving their
areas of concern arose. The Council Chairman would be designated
by the President. The Council would employ and maintain its own
staff. It would provide an effective focal point and mechanism for
coordinating the many planning activities of the several Federal
agencies concerned with the conservation, development, and use of
water resources.
Title II would establish river basin commissions. These commis-
sions would be the principal agencies for the coordination of Federal,
State, interstate, and local plans for the development of water and
related land resources in the area or basin for which they are estab-
lished. They would prepare, and keep up to date, comprehensive
and coordinated plans which would include an evaluation of all rea-
sonable alternatives for achieving optimum development of water
and related land resources.
The commissions would recommend long-range schedules of prior-
ities for basic data collection and analysis, and for the investigation,
-------
2746 LEGAL COMPILATION—WATER
planning, and construction of water resources projects. They would
tp.8]
submit annual reports to the Council, the Governors of participating
States, the President, and the Congress on their activities.
The commissions would be composed of Federal, State, and inter-
state compact members in order to bring integrated, cooperative ef-
fort to this important undertaking. They would, like the Council,
maintain adequate staffs to aid them in their work.
Title III of the bill provides for financial assistance to the States
for comprehensive planning grant authorizations. The purpose of
these grants is to aid the States in increasing their role in planning
efforts.
These grants would be administered by the Council, which would
prescribe rules and procedures relating to their use. S. 21 authorizes
a total of $5 million per year for each of the 10 fiscal years following
enactment of this legislation to cover the costs of the grants.
Provision is made in the bill for an equitable distribution of the
grants based on a formula of population, land area, and planning and
financial needs. The bill authorizes grants up to 50 percent of the
cost of carrying out a given State planning program, including the
cost of training personnel to carry out the program and the cost of
administering it.
Title IV is a miscellaneous title which provides for authorization of
appropriations necessary to carry out the provisions of the bill. Also
under this title, the Council is authorized to make necessary rules and
regulations to carry out the provisions of the act which are admin-
istered by it. And it is authorized to delegate its administrative
functions under section 105 of the bill and the detailed administration
of the grant program under title III to any member or employee of
the Council. The final provision of title IV allows the Council, with
departmental consent, to employ officers and employees of a given
Federal agency, on a reimbursable basis, as necessary to execute the
provisions of the act.
FEDERAL POWER COMMISSION REPORT ON S. 21, 89TH CONGRESS
The proposed legislation, which would be known as the Water
Resources Planning Act, declares the policy of Congress to encourage
the conservation, development, and utilization of water and related
land resources on a comprehensive and coordinated basis with the
cooperation of Federal, State, and local governments and others con-
cerned. To implement this policy the bill would create a Water
Resources Council composed of the Secretaries of the Interior, Agri-
-------
STATUTES AND LEGISLATIVE HISTORY 2747
culture, the Army, and Health, Education, and Welfare, and the
Chairman of the Federal Power Commission as regular members.
The Council would be an interagency coordinating group charged
with broad responsibilities for formulating, evaluating, and coordinat-
ing water resources plans on a national basis. The bill would also
provide for the setting up of intergovernmental river basin commis-
sions, composed of representatives of interested State and Federal
agencies. These commissions would be responsible for preparing and
coordinating regional or area plans. Appropriations of $5 million
annually for 10 years would be authorized to assist the States in
water and related land resources planning.
The desirability of establishing formally an effective coordinating
entity in the field of water resources planning and development has
[p. 9]
been generally recognized in recent years.1 This need has been par-
ticularly evident with respect to coordination of Federal and non-
Federal development. Establishment of the proposed machinery to
facilitate participation by State and local interests should lead to
fuller understanding and more effective cooperation between the
United States and State and local interests concerned with the de-
velopment of water and related land resources.
S. 21 would make it possible for the Federal Power Commission,
by means of the membership of its Chairman on the proposed Water
Resources Council, to bring to bear its long experience in compre-
hensive planning of water resources projects derived from adminis-
tration of the Federal Power Act and from participation in planning
Federal river development projects under various other acts.
Under the broad provisions of the Federal Power Act the Commis-
sion, in addition to licensing non-Federal hydroelectric developments,
has over the years studied power possibilities on streams throughout
the United States and has accumulated and keeps current a large
volume of data on all segments of the power industry, publicly and
privately owned, its capacity, operations, requirements, loads, loca-
tions, and interconnections. As part of the "National Power Survey,"
recently published by the Commission, a survey of the Nation's
hydropower potential was undertaken which emphasized the need
for long-range comprehensive plans to harmonize the requirements
of all water uses. In connection with other statutory responsibilities,
1 See the January 17, 1956, report of the Presidential Advisory Committee on Water He-
sources Policy (H. Doc. 315, 84th Cong., 2d sess ), the June 1955 report on Water Resources
and Power submitted by the Commission on Organization of the Executive Branch of the
Government (known as the Second Hoover Commission), the June 1955 report and accom-
panying studies on natural resources and conservation submitted by the Commission on
Intergovernmental Relations, and the January 30, 1961, report (S. Rept. 29, 87th Cong., 1st
sess ), submitted by the Select Committee on National Water Resources set up pursuant to
S. Res. 48 of the 86th Cong.
-------
2748 LEGAL COMPILATION—WATER
the Commission cooperates with Federal constructing agencies in de-
veloping plans for the comprehensive development of river basins;
and since 1943 the Commission has been a full member of the Federal
Interagency Committee on Water Resources (and its predecessor
committee) established to coordinate the planning and development
of river basin projects.
Section 3 of the bill preserves the Commission's licensing and re-
lated statutory functions. Section 103 assigns to the Water Resources
Council the vitally important function of establishing guiding prin-
ciples, standards, and procedures for Federal projects. With regular
membership on the Water Resources Council provided in section 101,
the Commission will be able to continue to fulfill its statutory func-
tions effectively and at the same time contribute to the work of the
Council.
S. 21 is substantially similar to S. 1111, 88th Congress, which was
passed by the Senate on December 4,1963, and on which we favorably
reported to the House committee on March 23, 1964 (H. Rept. 1877,
88th Cong.). We continue to support this bill and recommend its
early enactment.
FEDERAL POWER COMMISSION,
BY JOSEPH C. SWIDLER, Chairman.
[p. 10]
1.19a(3) COMMITTEE OF CONFERENCE
H.R. REP. No. 603, 89th Cong., 1st Sess. (1965)
DEVELOPMENT OF THE NATION'S NATURAL RESOURCES
JULY 8, 1965.—Ordered to be printed
Mr. ASPINALL, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany S. 21]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the House to the bill (S. 21) to provide
for the optimum development of the Nation's natural resources
through the coordinated planning of water and related land resources,
-------
STATUTES AND LEGISLATIVE HISTORY 2749
through the establishment of a water resources council and river
basin commissions, and by providing financial assistance to the
States in order to increase State participation in such planning,
having met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amendment of
the House and agree to the same with an amendment as follows:
In lieu of the matter inserted by the House amendment insert the
following:
SHORT TITLE
Section 1. This Act may be cited as the "Water Resources Planning
Act."
STATEMENT OF POLICY
Sec. 2. In order to meet the rapidly expanding demands for water
throughout the Nation, it is hereby declared to be the policy of the
Congress to encourage the conservation, development, and utilization
of water and related land resources of the United States on a compre-
hensive and coordinated basis by the Federal Government, States,
localities, and private enterprise with the cooperation of all affected
Federal agencies, States, local governments, individuals, corporations,
business enterprises, and others concerned.
[p.l]
EFFECT ON EXISTING LAWS
Sec. 3. Nothing in this Act shall be construed—
(a) to expand or diminish either Federal or State jurisdiction,
responsibility, or rights in the field of water resources planning,
development, or control; nor to displace, supersede, limit or mod-
ify any interstate compact or the jurisdiction or responsibility of
any legally established joint or common agency of two or more
States, or of two or more States and the Federal Government; nor
to limit the authority of Congress to authorize and fund projects;
(b) to change or otherwise affect the authority or responsibility
of any Federal official in the discharge of the duties of his office
except as required to carry out the provisions of this Act with
respect to the preparation and review of comprehensive regional
or river basin plans and the formulation and evaluation of Federal
water and related land resources projects;
(c) as superseding, modifying, or repealing existing laws appli-
cable to the various Federal agencies which are authorized to de-
velop or participate in the development of water and related land
resources or to exercise licensing or regulatory functions in rela-
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2750 LEGAL COMPILATION—WATER
tion thereto, except as required to carry out the provisions of this
Act, nor to affect the jurisdiction, powers, or prerogatives of the
International Joint Commission, United States and Canada, the
Permanent Engineering Board and the United States Operating
Entity or Entities established pursuant to the Columbia River
Basin Treaty, signed at Washington, January 17, 1961, or the
International Boundary and Water Commission, United States
and Mexico;
(d) as authorizing any entity established or acting under the
provisions hereof to study, plan, or recommend the transfer of
waters between areas under the jurisdiction of more than one
river basin commission or entity performing the function of a
river basin commission.
TITLE I—WATER RESOURCES COUNCIL
Sec. 101. There is hereby established a Water Resources Council
(hereinafter referred to as the "Council") which shall be composed
of the Secretary of the Interior, the Secretary of Agriculture, the Sec-
retary of the Army, the Secretary of Health, Education, and Welfare,
and the Chairman of the Federal Power Commission. The Chairman
of the Council shall request the heads of other Federal agencies to
participate with the Council when matters affecting their responsibil-
ities are considered by the Council. The Chairman of the Council
shall be designated by the President.
Sec. 102. The Council shall—
(a) maintain a continuing study and prepare an assessment
biennially, or at such less frequent intervals as the Council may
determine, of the adequacy of supplies of water necessary to meet
the water requirements in each water resource region in the
United States and the national interest therein; and
(b) maintain a continuing study of the relation of regional or
river basin plans and programs to the requirements of larger
regions of the Nation and of the adequacy of administrative and
statutory means for the coordination of the water and related land
resources policies and programs of the several Federal agencies;
it shall appraise the adequacy of existing and proposed policies
[p. 2]
and programs to meet such requirements; and it shall make rec-
ommendations to the President with respect to Federal policies
and programs.
Sec. 103. The Council shall establish, after such consultation with
other interested entities, both Federal and non-Federal, as the Council
may find appropriate, and with the approval of the President, princi-
-------
STATUTES AND LEGISLATIVE HISTORY 2751
pies, standards, and procedures for Federal participants in the prepa-
ration of comprehensive regional or river basin plans and for the
formulation and evaluation of Federal water and related land re-
sources projects. Such procedures may include provision for Council
revision of plans for Federal projects intended to be proposed in any
plan or revision thereof being prepared by a river basin planning
commission.
Sec. 104. Upon receipt of a plan or revision thereof from any river
basin commission under the provisions of section 204 (3) of this Act,
the Council shall review the plan or revision with special regard to—
(1) the efficacy of such plan or revision in achieving optimum
use of the water and related land resources in the area involved;
(2) the effect of the plan on the achievement of other programs
for the development of agricultural, urban, energy, industrial,
recreational, fish and wildlife, and other resources of the entire
Nation; and
(3) the contributions which such plan or revision will make in
obtaining the Nation's economic and social goals.
Based on such review the Council shall—
(a) formulate such recommendations as it deems desirable in
the national interest; and
(b) transmit its recommendations, together with the plan or
revision of the river basin commission and the views, comments,
and recommendations with respect to such plan or revision sub-
mitted by any Federal agency, Governor, interstate commission,
or United States section of an international commission, to the
President for his review and transmittal to the Congress with his
recommendations in regard to authorization of Federal projects.
Sec. 105. (a) For the purpose of carrying out the provisions of this
Act, the Council may: (7) 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
reports thereon as it may deem advisable; (2) acquire, furnish, and
equip such office space as is necessary; (3) use the United States mails
in the same manner and upon the same conditions as other depart-
ments and agencies of the United States; (4) employ and fix the com-
pensation of such personnel as it deems advisable, in accordance with
the civil service laws and Classification Act of 1949, as amended; (5)
procure services as authorized by section 15 of the Act of August 2,
1946 (5 U.S.C. 55a), at rates not to exceed $100 per diem for individ-
uals; (6) purchase, hire, operate, and maintain passenger motor ve-
hicles; and (7) incur such necessary expenses and exercise such other
powers as are consistent with and reasonably required to perform
its functions under this Act.
-------
2752 LEGAL COMPILATION—WATER
(b) Any member of the Council is authorized to administer oaths
when it is determined by a majority of the Council that testimony
shall be taken or evidence received under oath.
(c) To the extent permitted by law, all appropriate records and
papers oj the Council may be made available for public inspection
during ordinary office hours.
(d) Upon request of the Council, the head of any Federal de-
partment or agency is authorized (1) to furnish to the Council such
information as may be necessary for carrying out its functions and as
[p. 3]
may be available to or procurable by such department or agency, and
(2) to detail to temporary duty with such Council on a reimbursable
basis such personnel within his administrative jurisdiction as it may
need or believe to be useful for carrying out its functions, each such
detail to be without loss of seniority, pay, or other employee status.
(e) The Council shall be responsible for (1) the appointment and
supervision of personnel, (2) the assignment of duties and responsi-
bilities among such personnel, and (3) th-e use and expenditures of
funds.
TITLE II—RIVER BASIN COMMISSIONS
CREATION OF COMMISSIONS
Sec. 201. (a) The President is authorized to declare the establish-
ment of a river basin water and related land resources commission
upon request therefor by the Council, or request addressed to the
Council by a State within which all or part of the basin or basins
concerned are located if the request by the Council or by a State (1)
defines the area, river basin, or group of related river basins for which
a commission is requested, (2) is made in writing by the Governor or
in such manner as State law may provide, or by the Council, and (3)
is concurred in by the Council and by not less than one-half of the
States within which portions of the basin or basins concerned are
located and, in the event the Upper Colorado River Basin is involved,
by at least three of the four States of Colorado, New Mexico,, Utah,
and Wyoming or, in the event the Columbia River Basin is involved,
by at least three of the four States of Idaho, Montana, Oregon,, and
Washington. Such concurrences shall be in writing.
(b) Each such commission for an area, river basin, or group of river
basins shall, to the extent consistent with section 3 of this Act—
(1) serve as the principal agency for the coordination of Fed-
eral, State, interstate, local and nongovernmental plans for the
development of water and related land resources in its area, river
basin, or group of riuer basins;
-------
STATUTES AND LEGISLATIVE HISTORY 2753
(2) prepare and keep up to date, to the extent practicable, a
comprehensive, coordinated, joint plan for Federal, State, inter-
state, local and nongovernmental development of water and
related resources: Provided, That the plan shall include an evalua-
tion of all reasonable alternative means of achieving optimum
development of water and related land resources of the basin or
basins, and it may be prepared in stages, including recommenda-
tions with respect to individual projects;
(3) recommend long-range schedules of priorities for the col-
lection and analysis of basic data and for investigation, planning,
and construction of projects; and
(4) foster and undertake such studies of water and related
land resources problems in its area, river basin, or group of river
basins as are necessary in the preparation of the plan described
in clause (2) of this subsection.
MEMBERSHIP OF COMMISSIONS
Sec. 202. Each river basin commission shall be composed of mem-
bers appointed as follows:
(a) A chairman appointed by the President who shall also serve as
chairman and coordinating officer of the Federal members of the com-
[p.4]
mission and who shall represent the Federal Government in Federal-
State relations on the commission and who shall not, during the
period of his service on the commission, hold any other position as an
officer or employee of the United States, except as a retired officer
or retired civilian employee of the Federal Government;
(b) One member from each Federal department or independent
agency determined by the President to have a substantial interest in
the work to be undertaken by the commission, such member to be
appointed by the head of such department or independent agency and
to serve as the representative of such department or independent
agency;
(c) One member from each State which lies wholly or partially
within the area, river basin, or group of river basins for which the
commission is established, and the appointment of each such member
shall be made in accordance with the laws of the State which he
represents. In the absence of governing provisions of State law, such
State members shall be appointed and serve at the pleasure of the
Governor;
(d) One member appointed by any interstate agency created by an
interstate compact to which the consent of Congress has been given,
and whose jurisdiction extends to the waters of the area, river basin,
-------
2754 LEGAL COMPILATION—WATER
or group of river basins for which the river basin commission is
created;
(e) When deemed appropriate by the President, one member, who
shall be appointed by the President, from the United States section
of any international commission created by a treaty to which the
consent of the Senate has been given, and whose jurisdiction extends
to the waters of the area, river basin, or group of river basins for
which the river basin commission is established.
ORGANIZATION OF COMMISSIONS
Sec. 203. (a) Each, river basin commission shall organize for the
performance of its functions within ninety days after the President
shall have declared the establishment of such commission, subject
to the availability of funds for carrying on its work. A commission
shall terminate upon decision of the Council or agreement of a majority
of the States composing the commission. Upon such termination, all
property, assets, and records of the commission shall thereafter be
turned over to such agencies of the United States and the participating
States as shall be appropriate in the circumstances: Provided, That
studies, data, and other materials useful in water and related land
resources planning to any of the participants shall be kept freely
available to all such participants.
(b) State members of each commission shall elect a vice chairman,
who shall serve also as chairman and coordinating officer of the
State members of the commission and who shall represent the State
governments in Federal-State relations on the commission.
(c) Vacancies in a commission shall not affect its powers but shall
be filed in the same manner in which the original appointments were
made: Provided, That the chairman and vice chairman may designate
alternates to act for them during temporary absences.
(d) In the work of the commission every reasonable endeavor shall
be made to arrive at a consensus of all members on all issues; but
failing this, full opportunity shall be afforded each member for the
presentation and report of individual views: Provided, That at any
time the commission jails to act by reason of absence of consensus,
the position of the chairman, acting in behalf of the Federal members,
[p. 5]
and the vice chairman, acting upon instructions of the State members,
shall be set forth in the record: Provided further, That the chairman,
in consultation with the vice chairman, shall have the final authority,
in the absence of an applicable bylaw adopted by the corn-mission or in
the absence of a consensus, to fix the times and places for meetings, to
set deadlines for tfie submission of annual and other reports, to estab-
-------
STATUTES AND LEGISLATIVE HISTORY 2755
lish subcommittees, and to decide such other procedural questions.
as may be necessary for the commission to perform its functions.
DUTIES OF THE COMMISSIONS
Sec. 204. Each river basin commission shall—
(1) engage in such activities and make such studies and in-
vestigations as are necessary and desirable in carrying out the
policy set forth in section 2 of this Act and in accomplishing the
purpose set forth in section 201 (b) of this Act;
(2) submit to the Council and the Governor of each partici-
pating State a report on its work at least once each year. Such
report shall be transmitted through the President to the Con-
gress. After such transmission, copies of any such report shall
be sent to the heads of such Federal, State, interstate, and inter-
national agencies as the President or the Governors of the
participating States may direct;
(3) submit to the Council for transmission to the President
and by him to the Congress, and the Governors and the legisla-
tures of the participating States a comprehensive, coordinated,
joint plan, or any major portion thereof or necessary revisions
thereof, for water and related land resources development in the
area, river basin, or group of river basins for which such com-
mission was established. Before the commission submits such
a plan or major portion thereof or revision thereof to the Council,
it shall transmit the proposed plan or revision to the head of each
Federal department or agency, the Governor of each State, and
each interstate agency, from which a member of the commission
has been appointed, and to the head of the United States section
of any international commission if the plan, portion or revision
deals with a boundary water or a river crossing a boundary, or
any tributary flowing into such boundary water or river, over
which the international commission has jurisdiction or for which
it has responsibility. Each such department and agency head,
Governor, interstate agency, and United States section of an
international commission shall have ninety days from the date
of the receipt of the proposed plan, portion, or revision to report
its views, comments, and recommendations to the commission.
The commission may modify the plan, portion, or revision after
considering the reports so submitted. The views, comments, and
recommendations submitted by each Federal department or
agency head, Governor, interstate agency, and United States
section of an international commission shall be transmitted to the
Council with the plan, portion, or revision; and
(4) submit to the Council at the time of submitting such plan,
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2756 LEGAL COMPILATION—WATER
any recommendations it may have for continuing the functions
of the commission and for implementing the plan, including
means of keeping the plan up to date.
[p. 6]
POWERS AND ADMINISTRATIVE PROVISIONS OF THE COMMISSIONS
Sec. 205. (a) For the purpose of carrying out the provisions of this
title, each river basin commission may—
(1) hold such hearings, sit and act at such times and places,
take such testimony, receive such evidence, and print or other-
wise reproduce and distribute so much of its proceedings and
reports thereon as it may deem advisable;
(2) acquire, furnish, and equip such office space as is neces-
sary;
(3) use the United States mails in the same manner and upon
the same conditions as departments and agencies of the United
States;
(4) employ and compensate such personnel as it deems ad-
visable, including consultants, at rates not to exceed $100 per
diem, and retain and compensate such professional or technical
service firms as it deems advisable on a contract basis;
(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 par-
ticipating 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
benefit system, or otherwise provide for such coverage of its
personnel;
(7) purchase, hire, operate, and maintain passenger motor
vehicles; and
(8) incur such necessary expenses and exercise such other
powers as are consistent with and reasonably required to per-
form its functions under this Act.
(b) The chairman of a river basin commission, or any member of
such commission designated by the chairman thereof for the purpose,
is authorized to administer oaths when it is determined by a majority
of the commission that testimony shall be taken or evidence received
under oath.
(c) To the extent permitted by law, all appropriate records and
papers of each river basin commission shall be made available for
public inspection during ordinary office hours.
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STATUTES AND LEGISLATIVE HISTORY 2757
(d) Upon request of the chairman of any river basin commission,
or any member or employee of such commission designated by the
chairman thereof for the purpose, the head of any Federal department
or agency is authorized (1) to furnish to such commission such in-
formation as may be necessary for carrying out its functions and as
may be available to or procurable by such department or agency,
and (2) to detail to temporary duty with such commission on a
reimbursable basis such personnel within his administrative jurisdic-
tion as it may need or believe to be useful for carrying out its func-
tions, each such detail to be without loss of seniority, pay, or other
employee status.
(e) The chairman of each river basin commission shall, with the
concurrence of the vice chairman, appoint the personnel employed by
such commission, and the chairman shall, in accordance with the
general policies of such commission with respect to the work to be
accomplished by it and the timing thereof, be responsible for (1) the
supervision of personnel employed by such commission, (2) the
assignment of duties and responsibilities among such personnel, and
(3) the use and expenditure of funds available to such commission.
[p. 7]
COMPENSATION OF COMMISSION MEMBERS
Sec. 206. (a) Any member of a river basin commission appointed
pursuant to section 202 (b) and (e) of this Act shall receive no addi-
tional compensation by virtue of his membership on the commission,
but shall continue to receive, from appropriations made for the agency
from which he is appointed, the salary of his regular position when
engaged in the performance of the duties vested in the commission.
(b) Members of a commission, appointed pursuant to section 202
(c) and (d) of this Act, shall each receive such compensation as may
be provided by the States or the interstate agency respectively, which
they represent.
(c) The per annum compensation of the chairman of each river
basin commission shall be determined by the President, but when
employed on a full-time annual basis shall not exceed the maximum
scheduled rate for grade GS-18 of the Classification Act of 1949, as
amended; or when engaged in the performance of the commission's
duties on an intermittent basis such compensation shall be not more
than $100 per day and shall not exceed $12,000 in any year.
Sec. 207. (a) Each commission shall recommend what share of its
expenses shall be borne by the Federal Government, but such share
shall be subject to approval by the Council. The remainder of the
commission's expenses shall be otherwise apportioned as the commis-
sion may determine. Each commission shall prepare a budget
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2758 LEGAL COMPILATION—WATER
annually and transmit it to the Council and the States. Estimates of
proposed appropriations from the Federal Government shall be in-
cluded in the budget estimates submitted by the Council under the
Budgeting and Accounting Act of 1921, as amended, and may include
an amount for advance to a commission against State appropriations
for which delay is anticipated by reason of later legislative sessions.
All sums appropriated to or otherwise received by a commission shall
be credited to the commission's account in the Treasury of the United
States.
(b) A commission may accept for any of its purposes and functions
appropriations, donations, and grants of money, equipment, supplies,
materials, and services from any State or the United States or any
subdivision or agency thereof, or intergovernmental agency, and may
receive, utilize, and dispose of the same.
(c) The commission shall keep accurate accounts of all receipts
and disbursements. The accounts shall be audited at least annually
in accordance with generally accepted auditing standards by inde-
pendent certified or licensed public accountants, certified or licensed
by a regulatory authority of a State, and the report of the audit shall
be included in and become a part of the annual report of the
commission.
(d) The accounts of the commission shall be open at all reasonable
times for inspection by representatives of the jurisdictions and
agencies which make appropriations, donations, or grants to the
commission.
[p. 8]
TITLE III—FINANCIAL ASSISTANCE TO THE STATES FOR
COMPREHENSIVE PLANNING GRANT AUTHORIZATIONS
Sec. 301. (a) In recognition of the need for increased participation
by the States in water and related land resources planning to be effec-
tive, there are hereby authorized to be appropriated to the Council
for the next fiscal year beginning after the date of enactment of this
Act, and for the nine succeeding fiscal years thereafter, $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.
(b) The Council, with the approval of the President, shall prescribe
such rules, establish such procedures, and make such arrangements
and provisions relating to the performance of its functions under this
title, and the use of funds available therefor, as may be necessary in
order to assure (1) coordination of the program authorized by this
title with related Federal planning assistance programs, including the
program authorized under section 701 of the Housing Act of 1954 and
-------
STATUTES AND LEGISLATIVE HISTORY 2759
(2) appropriate utilization of other Federal agencies administering
programs which may contribute to achieving the purpose of this Act.
ALLOTMENTS
Sec. 302. (a) From the sums appropriated pursuant to section 301
for any fiscal year the Council shall from time to time make allotments
to the States, in accordance with its regulations, on the basis of (1)
the population, (2) the land area, (3) the need for comprehensive
water and related land resources planning programs, and (4) the
financial need of the respective States. For the purposes of this sec-
tion the population of the States shall be determined on the basis of
the latest estimates available from the Department of Commerce and
the land area of the States shall be determined on the basis of the
official records of the United States Geological Survey.
(b) From each State's allotment under this section for any fiscal
year the Council shall pay to such State an amount which is not more
than 50 per centum of the cost of carrying out its State program ap-
proved under section 303, including the cost of training personnel for
carrying out such program and the cost of administering such
program.
STATE PROGRAMS
Sec. 303. The Council shall approve any program for compresen-
sive water and related land resources planning which is submitted by
a State, if such program—
(1) provides for comprehensive planning with respect to intra-
state or interstate water resources, or both, in such State to meet
the needs for water and water-related activities taking into ac-
count prospective demands for all purposes served through or
affected by water and related land resources development, with
adequate provision for coordination with all Federal, State, and
local agencies, and nongovernmental entities having responsibili-
ties in affected fields;
(2) provides, where comprehensive statewide development
planning is being carried on with or without assistance under
section 701 of the Housing Act of 1954, or under the Land and
Water Conservation Fund Act of 1965, for full coordination
[p. 9]
between comprehensive water resources planning and other state-
wide planning programs and for assurances that such water
resources planning will be in conformity with the general
development policy in such State;
(3) designates a State agency (hereinafter referred to as the
"State agency") to administer the program;
-------
2760 LEGAL COMPILATION—WATER
(4) provides that the State agency will make such reports in
such form and containing such information as the Council from
time to time reasonably requires to carry out its functions under
this title;
(5) sets forth the procedure to be followed in carrying out the
State program and in administering such program; and
(6) provides such accounting, budgeting, and other fiscal meth-
ods and procedures as are necessary for keeping appropriate
accountability of the funds and for the proper and efficient
administration of the program.
The Council shall not disapprove any program without first giving
reasonable notice and opportunity for hearing to the State agency
administering such program.
REVIEW
Sec. 304. Whenever the Council after reasonable notice and oppor-
tunity for hearing to a State agency finds that—
(a) the program submitted by such State and approved under
section 303 has been so changed that it no longer complies with a
requirement of such section; or
(b) in the administration of the program there is a failure to
comply substantially with such a requirement,
the Council shall notify such agency that no further payments will be
made to the State under this title until it is satisfied that there will no
longer be any such failure. Until the Council is so satisfied, it shall
make no further payments to such State under this title.
PAYMENTS
Sec. 305. The method of computing and paying amounts pursuant
to this title shall be as follows:
(1) The Council shall, prior to the beginning of each calendar
quarter or other period prescribed by it, estimate the amount to
be paid to each State under the provisions of this title for such
period, such estimate to be based on such records of the State
and information furnished by it, and such other investigation, as
the Council may find necessary.
(2) The Council shall pay to the State, from the allotment
available therefor, the amount so estimated by it for any period,
reduced or increased, as the case may be, by any sum (not pre-
viously adjusted under this paragraph) by which it finds that its
estimate of the amount to be paid such State for any prior period
under this title was greater or less than the amount which should
have been paid to such State for such prior period under this
title. Such payments shall be made through the disbursing facili-
-------
STATUTES AND LEGISLATIVE HISTORY 2761
ties of the Treasury Department, at such times and in such
installments as the Council may determine.
DEFINITION
Sec. 306. For the purpose of this title the term "State" means a
State, the District of Columbia, Puerto Rico, or the Virgin Islands.
[p. 10]
RECORDS
Sec. 307. (a) Each recipient of a grant under this Act shall keep
such records as the Chairman of the Council shall prescribe, including
records which fully disclose the amount and disposition of the funds
received under the grant, and the total cost of the project or under-
taking in connection with which the grant was made and the amount
and nature of that portion of the cost of the project or undertaking
supplied by other sources, and such other records as will facilitate
an effective audit.
(b) The Chairman of the Council and the Comptroller General of
the United States, or any of their duly authorized representatives,
shall have access for the purpose of audit and examination to any
books, documents, papers, and records of the recipient of the grant
that are pertinent to the determination that funds granted are used
in accordance with this Act.
TITLE IV—MISCELLANEOUS
AUTHORIZATION OF APPROPRIATIONS
Sec. 401. There are authorized to be appropriated not to exceed
$300,000 annually, to carry out the provisions of title I of this Act,
not to exceed $6,000,000 annually to carry out the provisions of title
II, and not to exceed $400,000 annually for the administration of
title III: Provided, That, with respect to title II, not more than $750,000
annually shall be available for any single river basin commission.
RULES AND REGULATIONS
Sec. 402. The Council is authorized to make such rules and regula-
tions as it may deem necessary or appropriate for carrying out those
provisions of this Act which are administered by it.
DELEGATION OF FUNCTIONS
Sec. 403. The Council is authorized to delegate to any member or
employee of the Council its administrative functions under section
105 and the detailed administration of the grant program under
title III.
-------
2762 LEGAL COMPILATION—WATER
UTILIZATION OF PERSONNEL
Sec. 404. The Council may, with the consent of the head of any
other department or agency of the United States, utilize such officers
and employees of such agency on a reimbursable basis as are
necessary to carry out the provisions of this Act.
And the House agree to the same.
WAYNE N. ASPINALL,
WALTER ROGERS,
LEO W. O'BRIEN,
JOHN P. SAYLOR,
JOE SKUBITZ,
Managers on the Part of the House.
CLINTON P. ANDERSON,
HENRY M. JACKSON,
FRANK CHURCH,
THOMAS H. KUCHEL,
GORDON ALLOTT,
Managers on the Part of the Senate.
[p. H]
STATEMENT OF MANAGERS ON THE PART OF THE HOUSE
The managers on the part of the House at the conference on the
disagreeing votes of the two Houses on the amendment of the House
to the bill, S. 21, to provide for the optimum development of the
Nation's natural resources through the establishment of a water re-
sources council and river basin commissions, and by providing fi-
nancial assistance to the States in order to increase State participation
in such planning, submit this statement in explanation of the effect
of the language agreed upon and recommended in the accompanying
conference report. The language agreed upon is essentially the
language of the House amendment except as herein noted.
Interbasin transfers of water
The conference committee adopted language in the form of an ad-
ditional disclaimer in section 3 which relates to studies of the transfer
of waters between areas that are under the jurisdiction of more than
one river basin commission or similar planning entity. The language
states that nothing in the act shall be construed—
(d) As authorizing any entity established or acting under the
provisions hereof to study, plan, or recommend the transfer of
waters between areas under the jurisdiction of more than one
river basin commission or entity performing the function of a
river basin commission.
This language is intended to make it clear that the authority which
-------
STATUTES AND LEGISLATIVE HISTORY 2763
is given to the Water Resources Council and to the river basin com-
missions established under S. 21 does not include authority to study
and report upon the transfer of waters between basins or areas that
are appropriate for planning on a comprehensive basis. In other
words, no river basin commission established under this act will have
authority to study the importation of water into the area over which
it has jurisdiction from any other basin or related group of river
basins under the jurisdiction of another river basin commission or
entity performing the planning function of a river basin commission.
Neither could a river basin commission study the exportation of
water from the basin or area under its jurisdiction.
Likewise, the authority given the Council under this act does not
include authority to study the transfer of waters between basins or
areas covered by river basin commissions or similar planning entities.
In summary, the conference committee, by the adoption of this
language, takes the position that authority to study, plan, or recom-
mend the transfer of waters between areas under the jurisdiction of
more than one river basin commission or similar planning entity is
beyond the scope of this legislation. It should be clearly understood
that this language is not applicable to and does not affect the existing
authority of Federal agencies, interstate compact commissions, or
other entities which have water resources planning responsibilities.
[p-12]
Legislation not to affect the Columbia River Basin Treaty
The Senate-passed bill included language providing that the juris-
diction and powers of the permanent engineering board and the U.S.
operating entity or entities established pursuant to the Columbia
River Basin Treaty shall not be affected by this legislation. The
conference committee retained this language.
Jurisdiction of the courts over water matters
Subsection 3(d) of the House-passed bill was not retained by the
conference committee. This disclaimer relating to jurisdiction of the
courts over water matters was considered by the conference com-
mittee to be unnecessary.
Public hearings in connection with the establishment of planning
procedures not required
The House-passed bill included language requiring the Water
Resources Council to hold public hearings in connection with the
establishment of principles, standards, and procedures for Federal
participants in the preparation of river basin plans and for the formu-
lation and evaluation of Federal water projects. Public hearings in
connection with the establishment of such planning procedures
-------
2764 LEGAL COMPILATION—WATER
seemed to the conference committee to be unnecessary and inap-
propriate. The conference committee adopted substitute language
requiring, instead of public hearings, consultation with other inter-
ested entities, both Federal and non-Federal, as the Council may
find appropriate.
Employment of professional or technical service firms
The conference committee amended the language of section 205 (a)
(4) to make it clear that the river basin commissions could employ
professional or technical service firms in carrying out their duties and
responsibilities under this act. There was never any intention to
prohibit the employment of such firms in addition to individuals and
consultants, but the matter has been clarified because of the concern
of numerous engineering firms throughout the country.
Authorization of appropriations
The House language with respect to the authorization of appro-
priations was retained by the conference committee except that the
annual amount authorized to be appropriated for the operation of
the Water Resources Council under title I was increased from
$150,000 annually to $300,000 annually; $150,000 annually seemed to
the conference committee to be inadequate in view of the important
work and responsibilities assigned to the Council under the legisla-
tion. This change raises the ceiling on appropriations to $6,700,000
annually compared to $6,550,000 in the House-passed bill and
$10,000,000 in the Senate-passed bill. These amounts do not include
the $5,000,000 authorized to be appropriated annually for 10 years to
assist the States in water resources planning.
WAYNE N. ASPINALL,
WALTER ROGERS,
LEO W. O'BRIEN,
JOHN P. SAYLOR,
JOE SKUBITZ,
Managers on the Part of the House.
[p.13]
1.19a(4) CONGRESSIONAL RECORD, VOL. Ill (1965)
1.19a(4)(a) Feb. 25: Passed Senate, pp. 3621, 3626
WATER RESOURCES PLANNING
ACT
Mr. MANSFIELD. Mr. President, I
move that the Senate proceed to the con-
sideration of Calendar No. 65, S. 21, and
that it be made the pending business.
The PRESIDING OFFICER (Mr.
HARRIS in the chair). The bill will be
stated by title.
The LEGISLATIVE CLERK. A bill (S. 21)
to provide for the optimum development
of the Nation's natural resources through
-------
STATUTES AND LEGISLATIVE HISTORY
2765
the coordinated planning of water and
related land resources, through the es-
tablishment of a water resources coun-
cil and river basin commissions.
The PRESIDING OFFICER. The
question is on agreeing to the motion of
the Senator from Montana.
The motion was agreed to;
*****
[p. 3621]
The PRESIDING OFFICER. The
bill is open to further amendment. If
there be no further amendment to be
proposed, the question is on the engross-
ment and third reading of the bill.
The amendments were ordered to be
engrossed, and the bill read a third time.
Mr. ANDERSON. Mr. President, this
bill, S. 21, is similar to S. 1111 of the 88th
Congress which passed the Senate
unanimously in December of 1963 and
was sent to the House. It was reported
favorably by the House Committee on
Interior and Insular Affairs but could
not be reported by the House Committee
on Rules in time for passage at the last
session.
S. 21, the bill before the Senate today,
was again reported unanimously by the
Committee on Interior and Insular
Affairs, after public hearings, and it is
the committee's hope that it may be
passed unanimously this year.
Mr. AIKEN. Mr. President, in read-
ing the report on the bill, I find on page
5 the following:
The resolution of the States rights issue in
the field of water resource development, if it
is in fact an issue, should be the subject of
separate legislation.
Will the Senator from New Mexico tell
us the purpose of this sentence or what
"States rights" might become involved
to necessitate further legislation?
Mr. ANDERSON. In the past, there
has been a great deal of discussion as to
whether this bill for cooperative plan-
ning, by the States and the Federal Gov-
ernment would in any way affect the
rights of any State that might partici-
pate. For example, there was a time
when power companies in the New Eng-
land States were very actively interested
in river basins as a source of hydroelec-
tric power.
Mr. AIKEN. They still are.
Mr. ANDERSON. Neither private
groups, nor the Federal Government, nor
the States have any new or additional
rights or privileges conferred upon them
by this bill. Responsibilities and rights
over water remain as they now are.
Mr. AIKEN. Some of those people
have more influence in some States than
they do in Vermont.
I notice that a commission can be cre-
ated if a single State in a group of States
requests that that be done and if half
the States in the group support the re-
quest. That means that if there were
five States and three of them supported
the request of a single State to establish
a commission, that could be done
whether the other two agreed. The other
two would automatically come into the
agreement.
Mr. ANDERSON. They would come
in, but there would be plenty of oppor-
tunity for objection on the part of any
State that felt its own interests were
being jeopardized. The authority of one
State to object is clear. This is an effort
to cooperate with the States. The Fed-
eral Government could not say, in effect,
"This is the way you will develop your
water." This measure would preserve
the right of the Senator's State—of
Vermont—of my State of New Mexico,
of California, of any other State, to de-
cide what it wanted to do. S. 21 would
not take away States rights.
Mr. AIKEN. I shall vote for the bill,
as I voted for it at the last Congress. At
that time I said that with a majority of
Federal representatives on the Coun-
cil, I felt much safer than I would have
under the proposal of certain interests
in New England, which I believe had
designs on property that I did not think
belonged to them, and who would have
obtained jurisdiction that I did not think
belonged to them.
Mr. ANDERSON. I assure the Sena-
-------
2766
LEGAL COMPILATION—WATER
tor from Vermont that his State will be
safe.
Mr. AIKEN. I know that the Senator
from New Mexico speaks with complete
sincerity and that what he is saying will
be given full weight in any future inter-
pretations.
Mr. ANDERSON. I hope that will be
understood as the legislative intent and
will meet with complete approval.
The PRESIDING OFFICER. The bill
having been read the third time, the
question is, Shall it pass?
The bill (S. 21) was passed.
Mr. MANSFIELD. Mr. President, I
move that the Senate reconsider the vote
by which the bill was passed.
Mr. KUCHEL. Mr. President, I have
the honor to make a motion that that
motion be laid on the table.
The motion to lay on the table was
agreed to.
[p. 3626]
1.19a(4) (b) March 31: Amended and passed House, pp. 6406, 6412
Mr. ROGERS of Texas. Mr. Speaker,
I ask unanimous consent for the imme-
diate consideration of the bill (S. 21) to
provide for optimum development of
the Nation's natural resources through
the coordinated planning of water and
related land resources, through the
establishment of a water resources
council and river basin commissions,
and by providing financial assistance to
the States in order to increase State par-
ticipation in such planning, a bill sim-
ilar to the one just passed by the House.
The Clerk read the title of the bill.
The SPEAKER. Is there objection to
the request of the gentleman from
Texas?
There was no objection.
The Clerk read the bill, as follows:
*****
[p. 6406]
The amendment was agreed to.
The bill was ordered to be read a third
time, was read the third time and passed,
and a motion to reconsider was laid on
the table.
A similar House bill (H.R. 1111) was
laid on the table.
[p. 6412]
1.19a(4) (c) April 9: Senate request conference, p. 7676
Mr. ANDERSON. Mr. President, I
move that the Senate disagree to the
amendment of the House of Representa-
tives, that it ask for a conference with
the House on the disagreeing votes of the
two Houses thereon, and that the Chair
appoint the conferees on the part of the
Senate.
The motion was agreed to; and the
Presiding Officer [Mr. HARRIS] appointed
Mr. ANDERSON, Mr. JACKSON, Mr. CHUHCH,
Mr. KUCHEL, and Mr. ALLOTT conferees
on the part of the Senate.
[p. 7676]
1.19a(4)(d) April 13: House appoints conferees, p. 7926
DEVELOPMENT OF THE NATION'S
NATURAL RESOURCES
Mr. ASPINALL. Mr. Speaker, I ask
unanimous consent to take from the
Speaker's table the bill (S. 21) to pro-
vide for the optimum development of the
Nation's natural resources through the
establishment of a water resources coun-
cil and river basin commissions, and by
providing financial assistance to the
States in order to increase State partici-
pation in such planning, with a House
-------
STATUTES AND LEGISLATIVE HISTORY
2767
amendment thereto, insist on the House
amendment, and agree to the conference
asked by the Senate.
The SPEAKER. Is there objection to
the request of the gentleman from Colo-
rado? The Chair hears none, and ap-
points the following conferees: Messrs.
ASPINALL, ROGERS of Texas, O'BRIEN,
SAYLOR, and SKUBITZ.
[p. 7926]
1.19a(4)(e) July 13: House agrees to conference report, pp. 16549,
16553-16554
DEVELOPMENT OF THE NATION'S
NATURAL RESOURCES
Mr. ASPINALL. Mr. Speaker, I call
up the conference report on the bill (S.
21) to provide for the optimum develop-
ment of the Nation's natural resources
through the coordinated planning of
water and related land resources,
through the establishment of a water
resources council and river basin com-
missions, and by providing financial as-
sistance to the States in order to increase
State participation in such planning, and
ask unanimous consent that the state-
ment of the managers on the part of the
House be read in lieu of the report.
The SPEAKER. Is there objection to
the request of the gentleman from
Colorado?
There was no objection.
The SPEAKER. The Clerk will read
the statement of the managers on the
part of the House.
The Clerk read the statement.
[p. 16549]
* * * * *
Mr. ASPINALL. Mr. Speaker, the
adoption by the Congress of the con-
ference report on S. 21 will bring to a
successful conclusion 6 years of study
and consideration of this legislation by
the Committee on Interior and Insular
Affairs and many additional years of
study by executive agencies, commis-
sions, etc. Legislation providing for ef-
fective Federal-State comprehensive
river basin planning was recommended
in the 1951 report to the Water Resources
Policy Commission appointed by Presi-
dent Truman and the 1955 Report of the
Presidential Advisory Committee on
Water Resources Policy appointed by
President Eisenhower.
Mr. Speaker, it was in 1959 that I first
introduced legislation similar to that
which is up today for final approval. In
July, 1961 the first administration-spon-
sored measure was recommended to the
Congress by President Kennedy.
The purpose of this legislation is to
encourage and make possible the pru-
dent development of the Nation's water
and related land resources through
sound, comprehensive and coordinated
planning. An ample supply of good
quality water is essential if the United
States is to continue to grow and prosper.
As our available supplies dwindle in re-
lation to the increasing needs of our
cities, our industries, and agriculture, it
is important that we plan the use of our
Nation's available supplies to provide
maximum benefits to all purposes—pro-
viding water for domestic and industrial
use and for irrigation, controlling floods,
preventing pollution, assisting naviga-
tion, providing hydroelectric power and
energy, providing outdoor recreation op-
portunities and fish and wildlife en-
hancement, and others. Almost daily,
there are headline stories in our papers
calling attention to water shortages and
critical water situations throughout the
Nation—East as well as the West. The
planning mechanisms authorized by this
legislation should greatly assist this na-
tional water resources planning effort
and the development and management of
our water resources.
A Cabinet level water Resources
Council will be established with respon-
sibility for guiding the Nation's planning
effort in the water resources field and
[p. 16553]
-------
2768
LEGAL COMPILATION—WATER
keeping the President and the Congress
informed of the water needs of the
Nation.
River basin planning commissions will
be established on the basis of need and
upon request of the States involved.
They will prepare and keep up to date
comprehensive, integrated joint plans for
Federal, State, interstate, local, and non-
governmental development of water and
related land resources.
During the next 10 years, financial as-
sistance will be provided to the States
for water resources planning on a dollar-
for-dollar matching basis. This will en-
able the States to play a more effective
role in the planning, development, and
conservation of their water resources.
The present responsibilities of the
Federal Government or of the States
relative to the development, control, or
use of water will be neither expanded
nor diminished by this legislation. Ex-
isting laws will not be modified or super-
seded and planning commissions will not
be established where adequate planning
is presently being accomplished by some
other means. The preparation of de-
tailed plans for individual projects and
the construction and operation of proj-
ects will continue to be the responsibility
of appropriate Federal agencies, States,
municipalities, local groups, or nongov-
ernmental entities.
As indicated in the statement of man-
agers on the part of the House the lan-
guage of the conference report is, for the
most part, the language of the House-
passed bill. The provision adopted by
the conference committee prohibiting
any entity established by this legislation
from studying the transfer of waters be-
tween areas under the jurisdiction of
more than one river basin commission or
a similar planning entity has caused con-
siderable comment. I want to make it
clear that this simply means that the
authority for such studies is beyond the
scope of this legislation. There is no
intention to indicate such studies are not
needed or to prejudge the merits of any
proposal to study the transfer of waters
between major river basins. It simply
means that the authority for such stud-
ies must be based upon other than this
legislation or must be obtained by addi-
tional authorization by the Congress.
I, for one, believe that such a study
is needed at the present time in connec-
tion with critical water needs of the
Colorado River Basin, but I believe the
study should be specifically authorized
so that all the States involved and others
interested will know what we are doing
and why, and there will be a clear un-
derstanding of the objectives of the
study.
Mr. Speaker, because of the direct re-
lationship between our Nation's water
supplies and its economic well-being, I
consider this conference report to be one
of the most important measures that this
Congress will approve. I am extremely
pleased to be able to recommend its
adoption.
Mr. GROSS. Mr. Speaker, will the
gentleman yield?
Mr. ASPINALL. I yield to the gentle-
man from Iowa.
Mr. GROSS. Were there amendments
to the bill by the other body?
Mr. ASPINALL. Only the one
amendment of any importance.
Mr. GROSS. The amendments are
germane to the bill?
Mr. ASPINALL. All amendments are
germane to the bill.
The SPEAKER. The question is on
agreeing to the conference report.
The conference report was agreed to.
A motion to reconsider was laid on the
table.
[p. 16554]
-------
STATUTES AND LEGISLATIVE HISTORY
2769
1.19a(4)(f) July 14: Senate agrees to conference report, pp. 16733-
16735
DEVELOPMENT OF THE NATION'S
NATURAL RESOURCES-
CONFERENCE REPORT
Mr. ANDERSON. Madam President,
I submit a report of the committee of
conference on the disagreeing votes of
the two Houses on the amendment of the
House to the bill (S. 21) to provide for
the optimum development of the Na-
tion's natural resources through the co-
ordinated planning of water and related
land resources, through the establish-
ment of a water resources council and
river basin commissions, and by provid-
ing financial assistance to the States in
order to increase State participation in
such planning. I ask unanimous con-
sent for the present consideration of the
report.
The PRESIDING OFFICER (Mrs.
NEUBERGER in the chair). The report will
be read for the information of the Senate.
The legislative clerk read the report.
(For conference report, see House pro-
ceedings of July 13,1965, pp. 16550-16553,
CONGRESSIONAL RECORD.)
The PRESIDING OFFICER. Is there
objection to the present consideration of
the report?
There being no objection, the Senate
proceeded to consider the report.
Mr. ANDERSON. Madam President,
today the President of the United States
issued a statement pointing out that the
water resources of this country need to
be mobilized, both in the East and in the
West, and stating further that the Water
Resources Council, of which Secretary
of the Interior Stewart L. Udall is Chair-
man, will be convened immediately, to-
gether with the officials of Federal
agencies concerned with water resources
"to assess what further actions might be
taken to assist the States in meeting the
problems now confronting the New Eng-
land and Middle Atlantic region."
The bill has been before Congress for
more than 4 years. The Senate passed
it at one time, but the House did not act
on it. Now the House has acted on it.
There was a difference between the Sen-
ate and the House which related to com-
pacts between various groups. That
problem has been solved.
I should like to have the attention of
the Senator from California and the Sen-
ator from Arizona, because they are both
interested in this type of legislation. We
hope to have it passed in short order.
Mr. TOWER. Madam President, I
suggest the absence of a quorum.
The PRESIDING OFFICER. The
clerk will call the roll.
The legislative clerk proceeded to call
the roll.
Mr. TOWER. Madam President, I ask
unanimous consent that further pro-
ceedings under the quorum call be dis-
pensed with.
The PRESIDING OFFICER. Without
objection, it is so ordered.
Mr. ANDERSON. Madam President,
the conference report provides for the
optimum development of the Nation's
natural resources through the coordi-
nated planning of water and related land
resources, through the establishment of
a water resources council and river basin
commissions, and by providing financial
assistance to the States in order to
increase State participation in such
planning.
The conferees met and discussed the
subject fully. The conference report is
signed by all conferees on both sides of
the aisle. I hope it may be adopted
promptly. I understand that some Sen-
ators desire to ask questions. I hope
they may be dealt with promptly.
Mr. KUCHEL. Madam President, the
purpose of S. 21, to provide for the de-
velopment of the Nation's natural re-
sources, in the text now before us in the
conference report, is of course an ad-
mirable and laudable one.
I believe it is fair to say that it is
designed to encourage the prudent and
reasonable development of the Nation's
-------
2770
LEGAL COMPILATION—WATER
water and related land resources through
comprehensive and coordinated planning
in which the governments of our several
States would participate.
I ask Senators to listen carefully to
my remarks because I want some con-
firmation of my understanding of the
intent of the bill.
The bill is designed to create certain
entities and then provide jurisdiction
for those entities by which the water re-
sources of each river basin in America,
composed in the main of more than one
State, would be suitably cataloged un-
der the provisions of the bill.
I invite attention to section 3 of the
bill, as it appears in the conference re-
port. I ask unanimous consent that the
entire text of section 3 be printed at this
point in the RECORD.
There being no objection, the section
was ordered to be printed in the RECORD,
as follows:
EFFECT OF EXISTING LAWS
SEC. 3. Nothing in this Act shall be
construed—
(a) to expand or diminish either Federal
or State jurisdiction, responsibility, or rights
in the field of water resources planning, de-
velopment, or control; nor to displace, super-
sede, limit or modify any interstate compact
or the jurisdiction or responsibility of any
legally established joint or common agency
of two or more States, or of two or more
States and the Federal Government; nor to
limit the authority of Congress to authorize
and fund projects;
(b) to change or otherwise affect the
authority or responsibility of any Federal offi-
cial in the discharge of the duties of his office
except as required to carry out the provisions
of this Act with respect to the preparation
and review of comprehensive regional or
river basin plans and the formulation and
evaluation of Federal water and related land
resources projects;
(c) as superseding, modifying, or repeal-
ing existing laws applicable to the various
Federal agencies which are authorized to de-
velop or participate in the development of
water and related land resources or to exer-
cise licensing or regulatory functions in rela-
tion thereto, except as required to carry out
the provisions of this Act, nor to affect the
jurisdiction, powers, or prerogatives of the
International Joint Commission, United
States and Canada, the Permanent Engineer-
ing Board and the United States Operating
Entity or Entities established pursuant to the
Columbia River Basin Treaty, signed at
Washington, January 17, 1961, or the Inter-
national Boundary and Water Commission,
United States and Mexico;
(d) as authorizing any entity established
or acting under the provisions hereof to
study, plan, or recommend the transfer of
waters between areas under the jurisdiction
of more than one river basin commission or
entity performing the function of a river
basin commission.
Mr. KUCHEL. Madam President, I
refer to section 3, which reads in part:
Nothing in this act shall be construed (d)
as authorizing any entity established or acting
under the provisions hereof to study, plan, or
recommend the transfer of waters between
areas under the jurisdiction of more than one
river basin commission or entity performing
the function of a river basin commission.
I assume the legislative intent to be
that the bill, as it is now before the
Senate, would restrict the jurisdiction
of study by commissions to be set up in
any river basin in the country, to the
needs of that particular river basin.
My able friend the Senator from New
Mexico indicates his agreement by nod-
ding his head.
Mr. ANDERSON. Yes. I inform the
distinguished Senator from California
that is the purpose.
Mr. KUCHEL. Madam President, I
refer to the CONGRESSIONAL RECORD of
yesterday, in which the distinguished
chairman of the Committee on Interior
and Insular Affairs of the House of Rep-
resentatives, in discussing the conference
report, said, at page 16554 of the CON-
GRESSIONAL RECORD:
The provision adopted by the conference
committee prohibiting any entity established
by this legislation from studying the transfer
of waters between areas under the jurisdic-
tion of more than one river basin commission
or a similar planning entity has caused con-
siderable comment. I want to make it clear
that this simply means that the authority for
such studies is beyond the scope of this legis-
lation. There is no intention to indicate such
studies are not needed or to prejudge the
merits of any proposal to study the transfer
of waters between major river basins. It
simply means that the authority for such
studies must be based upon other than this
legislation or must be obtained by additional
authorization by the Congress.
-------
STATUTES AND LEGISLATIVE HISTORY
2771
That reflects my understanding of the
intention of the legislation.
I ask the able and distinguished Sena-
tor from New Mexico if that is correct.
[p. 16733]
Mr. ANDERSON. That is my under-
standing.
I invite the attention of the able Sen-
ator from California to the language in
the House report which states:
No river basin commission established un-
der this act will have authority to study the
importation of water into the area over which
it has jurisdiction from any other basin.
Madam President, I ask unanimous
consent that a portion of page 12 of the
report be printed at this point in the
RECORD.
There being no objection, the excerpt
was ordered to be printed in the RECORD,
as follows:
INTERBASIN TRANSFERS or WATER
The conference committee adopted lan-
guage in the form of an additional disclaimer
in section 3 which relates to studies of the
transfer of waters between areas that are un-
der the jurisdiction of more than one river
basin commission or similar planning entity.
The language states that nothing in the act
shall be construed—
"(d) As authorizing any entity established
or acting under the provisions hereof to
study, plan, or recommend the transfer of
waters between areas under the jurisdiction
of more than one river basin commission or
entity performing the function of a river
basin commission "
This language is intended to make it clear
that the authority which is given to the
Water Resources Council and to the river
basin commissions established under S. 21
does not include authority to study and report
upon the transfer of waters between basins
or areas that are appropriate for planning on
a comprehensive basis. In other words, no
river basin commission established under this
act will have authority to study the importa-
tion of water into the area over which it has
jurisdiction from any other basin or related
group of river basins under the jurisdiction
of another river basin commission or entity
performing the planning function of a river
basin commission. Neither could a river
basin commission study the exportation of
water from the basin or area under its
jurisdiction.
Likewise, the authority given the Council
under this act does not include authority to
study the transfer of waters between basins
or areas covered by river basin commissions
or similar planning entities.
Mr. KUCHEL. Madam President, I
believe that is important because appar-
ently all Members of Congress under-
stand that the President himself has
recommended that Congress give con-
sideration to the water needs of the
entire Nation through a suitable study,
something of which I most sincerely and
enthusiastically approve.
I look upon the people of the United
States as one society in which some are
blessed and others are not, in various
categories of natural resources, includ-
ing water. However, I am free to con-
cede that that problem is not involved
in this legislation, which restricts the
entities created in its provisions to a
certain kind of study, a study of each
basin by those who are most interested
in it, those who live there, with the
cooperation of the Government of the
United States.
The provisions of the bill will operate
only on that which is created by its
terms. Therefore, we should wait, as
men of good will trying to organize and
achieve a solution to the problems, by
which solution all sections of the coun-
try may be benefited after a suitable
study by a commission under the chair-
manship, in this body, of my able friend
the Senator from Washington [Mr.
JACKSON].
Mr. JACKSON. Madam President,
will the Senator yield?
Mr. KUCHEL. I yield.
Mr. JACKSON. Madam President, I
believe that Senators, in examining the
conference report, must keep in mind
that this is a river basin planning pro-
posal.
What we did in connection with the
meeting of the conferees was to' make
clear that there would not be any mis-
understanding of this point. It was lim-
ited to river basin studies on the basis
of Federal, State, and local cooperation.
This is a new legal vehicle, created for
the purpose of permitting Federal, State,
-------
2772
LEGAL COMPILATION—WATER
and local entities to have an opportunity
to work and plan together within each
river basin.
This language was put in to make
sure that the purpose would be confined
exactly to what the original sponsors of
the bill had said it would be.
I should say to my able and distin-
guished friend the Senator from Cali-
fornia that I am deeply concerned about
water problems all over the country.
The able Senator from New Mexico
very properly referred to the announce-
ment from the Associated Press tape
which stated the President has asked the
Water Resources Council to look into the
acute situation that exists in the Dela-
ware River Basin, affecting particularly
the States of New Jersey and New York,
in which water rationing is in effect for
human consumption.
Madam President, at this time I ask
unanimous consent to have printed at
this point in the RECORD the item from
the ticker tape to which the Senator
from New Mexico referred.
There being no objection, the item was
ordered to be printed in the RECORD, as
follows:
WASHINGTON.—President Johnson asked ad-
ministration agencies today for a report
within a week on how resources of the Fed-
eral Government can be mobilized to help
cope with the serious water shortage in the
East.
The report will come from a water re-
sources council of which Secretary of the
Interior Stewart L. Udall is chairman. The
President asked Udall to convene the council
immediately, together with officials of Federal
agencies concerned with water resources, "to
assess what further actions might be taken to
assist the States in meeting the problems now
confronting the New England and Middle
Atlantic region."
The council, Johnson said in a statement,
will obtain the views of the Delaware River
Basin Commission. This is involved because
New York draws water from the Delaware
Basin and the river is so low now that salt
water from lower reaches of the river is
threatening the Philadelphia water supply.
The President announced his action after
a conference with Buford Ellington of the
Office of Emergency Planning.
Mr. JACKSON. Mr. President, I say
to my able and distinguished friend from
California that we, as members of the
committee, feel that we have a national
responsibility. We want to look at the
water problems throughout the country
and see to it, within the jurisdiction of
our committee, that we discharge our
responsibilities. I assure the Senator
that we are trying to do this.
As the Senator knows, because he has
worked very closely with the Senator
from New Mexico on the water desalina-
tion program, the State of California and
other States of the southwest, including
Arizona, New Mexico, and Nevada, face
very real problems in this area.
We are attempting to study vigorously
and fairly every possible means of expe-
diting the water desalination program.
It offers great promise, as the Senator
knows, for obtaining not only water, but
electric power. I believe the Bechtel
report, sponsored jointly by the Metro-
politan Water District, Department of
Interior, and AEC, which was given con-
siderable publicity recently, indicates
that we shall be able to get the cost of
water through that process down to as
little as 21.4 cents per thousand gallons.
This is one approach we have pushed
vigorously in the committee.
I know of the Senator's deep concern
and I appreciate, as do all the members
of the committee, his desire for a con-
tinuous effort to try to find a solution
that will be fair and equitable to all the
States.
Mr. KUCHEL. I could not ask for any
more freely stated or more constructive
statement than the Senator has given,
because the problem of water is a
national problem.
What some of us, including the Senator
from New Mexico, the Senator from
Washington, and other Senators, under-
took several years ago, pioneering in the
legislative field for the development of
potable water taken from the seas and
from brackish water was a great piece
of legislation. I was associated with that
effort. I continue to put myself in that
position.
-------
STATUTES AND LEGISLATIVE HISTORY
2773
My reason for rising on this occasion
is to make it abundantly clear that such
recommendations as the President has
made to meet the national water needs
would not be interfered with by the pro-
posed legislation.
Mr. FANNIN. Madam President, since
the State I represent is vitally concerned
with the water problem also, and I am
vitally concerned with what has been
said in the past few days regarding the
drought areas and the necessity for bet-
ter water distribution in the various
States that need it, I would like to pose
some questions to the Senator from New
Mexico.
The Secretary of the Interior has un-
der study what is known as the North
American water and power alliance and
the Pacific Southwest water plan. Does
the Senator feel that this bill interferes
with those programs?
Mr. ANDERSON. I do not.
Mr. FANNIN. Does the Senator think
this legislation will be helpful in these
programs?
Mr. ANDERSON. I think whatever
information we can get will help make
possible the development of additional
plans at the proper time.
Mr. FANNIN. Then the Senator is not
concerned that this bill will impede the
[p. 16734]
studies now in progress and contem-
plated.
Mr. ANDERSON. No, indeed; not at
all; because this act could well be, in the
final analysis of help to every area that
is short of water in the country.
The PRESIDING OFFICER. The
question is on agreeing to the conference
report.
The report was agreed to.
Mr. JACKSON. Madam President, I
move to reconsider the vote by which
the conference report was agreed to.
Mr. ANDERSON. Madam President,
I move to lay that motion on the table.
The motion to lay on the table was
agreed to.
[p. 16735]
1.19b RIVERS AND HARBORS ACT OF 1970
December 31, 1970, P.L. 91-611, Title II, §§209, 221, 84 Stat. 1829,1831
SEC. 209. It is the intent of Congress that the objectives of en-
hancing regional economic development, the quality of the total
environment, including its protection and improvement, the well-
being of the people of the United States, and the national economic
development are the objectives to be included in federally financed
water resource projects, and in the evaluation of benefits and cost
attributable thereto, giving due consideration to the most feasible
alternative means of accomplishing these objectives.
[p. 1829]
SEC. 221. (a) After the date of enactment of this Act, the con-
struction of any water resources project by the Secretary of the
Army, acting through the Chief of Engineers, or by a non-Federal
interest where such interest will be reimbursed for such construction
under the provisions of section 215 of the Flood Control Act of 1968
or under any other provision of law, shall not be commenced until
each non-Federal interest has entered into a written agreement with
the Secretary of the Army to furnish its required cooperation for the
project.
-------
2774 LEGAL COMPILATION—WATER
(b) A non-Federal interest shall be a legally constituted public
body with full authority and capability to perform the terms of its
agreement and to pay damages, if necessary, in the event of failure to
perform.
(c) Every agreement entered into pursuant to this section shall be
enforceable in the appropriate district court of the United States.
(d) After commencement of construction of a project, the Chief
of Engineers may undertake performance of those items of coopera-
tion necessary to the functioning of the project for its purposes, if he
has first notified the non-Federal interest of its failure to perform
the terms of its agreement and has given such interest a reasonable
time after such notification to so perform.
(e) The Secretary of the Army, acting through the Chief of Engi-
neers, shall maintain a continuing inventory of agreements and the
status of their performance, and shall report thereon annually to the
Congress.
(f) This section shall not apply to any project the construction of
which was commenced before January 1, 1972.
[p. 1831]
1.19b(l) HOUSE COMMITTEE ON PUBLIC WORKS
H.R. REP. No. 91-1655, 91st Cong., 2d Sess. (1970)
RIVERS AND HARBORS AND FLOOD CONTROL ACTS OF
1970
DECEMBER 8, 1970.—Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. FALLON, from the Committee on Public Works, submitted the
following
REPORT
[To accompany H.R. 19877]
The Committee on Public Works, to whom was referred the bill
(H.R. 19877) authorizing the construction, repair, and preservation
of certain public works on rivers and harbors for navigation, flood
control, and for other purposes, having considered the same, report
favorably thereon with amendments and recommend that the bill as
amended do pass.
-------
STATUTES AND LEGISLATIVE HISTORY 2775
The amendments are as follows:
****
SECTION 209
The Committee heard testimony with respect to H.R. 17661 and
H.R. 17758 which would provide for the consideration and determina-
tion of all costs and benefits in the evaluation of water resources proj-
[p. 67]
ects, including those that may arise from prevention of degradation
or enhancement of the environment. Over a year and a half ago, the
Water Resources Council embarked upon necessary revisions to the
project evaluation criteria with a view toward recognizing all the
benefits and costs that result from water resource investments. The
Committee understands that the report of the Special Task Force
has been completed and is under intensive review within the Execu-
tive Branch. The need to improve our environment and to alleviate
our urban congestion and problems, requires that more realistic cri-
teria be applied to water resource project evaluations. The proposals
under study by the Water Resources Council would provide the
basis for the development of projects responsive to the Nation's prior-
ities. These revisions are long overdue and the Committee urges
early and expeditious action by the Administration in approving and
implementing these procedures. This section expresses the intent of
Congress that the objectives of enhancing regional development, pro-
tection and improvement of the quality of the environment, enhanc-
ing well-being, and enhancing national economic development should
be included in water resource projects prosecuted by the Secretary of
the Army, acting through the Chief of Engineers, and in the evalua-
tion of benefits and costs attributable thereto.
The environmental objective includes the conservation, preserva-
tion, creation or restoration of natural, scenic and cultural resources
in order to enhance or maintain the quality of environment. This ob-
jective is closely allied to all efforts to conserve natural resources in-
cluding the preservation or enhancement of aesthetic areas including
open and green space, wild rivers, lakes, beaches, shores, mountains
and wilderness areas, estuaries, or related areas of unique natural
beauty; (2) the protection of areas of archaeological, historical, or
scientific value; (3) the protection or improvement of water quality
including the prevention of salt water intrusion and control of pollu-
tion from all forms of waste, drainage, and heat; and (4) the preven-
tion of erosion and the restoration of eroded areas, with particular
emphasis on the treatment of watersheds, mined areas, and critical
-------
2776 LEGAL COMPILATION—WATER
erosion areas including gully, streambank, roadside, and beach ero-
sion.
Regional development is not to be construed as being coextensive
with regional economic development areas under other provisions of
law, but would vary with individual projects under study.
[p. 68]
SECTION 222
The Committee feels that there should be a uniformity of obligation
in water resources development projects and the associated items of
local cooperation, and that before Federal monies are invested in a
project, the non-Federal interests should be bound to perform the
required cooperation.
Under this section the construction of any water resources project
by the Secretary of the Army shall not be commenced until the non-
Federal interests enter into a written agreement with the Secretary
of the Army to furnish the cooperation required under the project
authorization or other law. The requirement for such an agreement
also applies where local interests commence work on a Federal proj-
ect for which they will be reimbursed. It does not apply, however, to
those cases where the United States is merely contributing part of
the cost of a non-Federal project in recognition of the Federal pur-
poses it will serve, such as flood control.
The non-Federal interests entering into these agreements must be
legally constituted public bodies with full authority and capability to
perform the terms of the agreement and to pay damages, if neces-
sary, in the event of failure to perform. The agreements will be en-
forceable in the appropriate district courts of the United States.
The section also provides that after commencement of construction
of a project, the Chief of Engineers may undertake performance of
those items of cooperation necessary to the functioning of the project,
such as operation and maintenance or completion of a partially com-
pleted project, if he has first notified the non-Federal interest of its
failure to perform the agreement and has given such interest a rea-
sonable time to perform. The purposes of this provision are to
protect the Federal investment and to prevent property damage and
loss of life which might result from a partially completed or im-
properly operated or maintained project.
The section also requires that a continuing inventory be kept of
agreements and the status of their performance, and that an annual
report be made to the Congress.
The Committee feels that this section will provide a necessary uni-
formity of obligation among non-Federal interests and insure that
Federal investments in water resources projects will be economically
-------
STATUTES AND LEGISLATIVE HISTORY 2777
and judiciously made. The Committee recognizes that changes in
State law may be necessary in order for non-Federal interests to com-
ply with this action, and accordingly has made the provisions of the
section applicable on January 1, 1972.
[p. 74]
1.19b(2) SENATE COMMITTEE ON PUBLIC WORKS
S. REP. No. 91-1422, 91st Cong., 2d Sess. (1970)
PUBLIC WORKS AUTHORIZATIONS, 1970, RIVERS AND
HARBORS—FLOOD CONTROL AND MULTIPLE-PURPOSE
PROJECTS
DECEMBER 8.—Ordered to be printed
Mr. YOUNG of Ohio, from the Committee on Public Works, submitted
the following
REPORT
together with
INDIVIDUAL VIEWS
[To accompany S. 4572]
The Committee on Public Works, reporting on the original bill
(S. 4572) authorizing the construction, repair, and preservation of
certain public works on rivers and harbors for navigation, flood con-
trol, and for other purposes, having considered the same, reports
favorably thereon and recommends that the bill do pass.
[p. 1]
SECTION 211
This section provides for a review of the operation of existing proj-
ects constructed by the Corps of Engineers when found necessary in
light of changed conditions and to report to the Congress with rec-
ommendations for modifying the structures or their operation.
The Civil Works program of the Corps of Engineers encompasses
a number of reservoirs constructed over a period of many years which
are being operated to serve the purposes for which a Federal interest
was established at the time of their authorization. During the sue-
-------
2778 LEGAL COMPILATION—WATER
ceeding period the Federal interest in water resources development
has been broadened by Acts of Congress, most significantly to serve
such additional purposes as municipal and industrial water supply,
low flow augmentation, recreation, fish and wildlife conservation and
enhancement, and for improvement of the quality of the environment.
In consideration of this broadened Federal interest and the large
changes in physical and economic conditions that have taken place
in the areas influenced by these older projects, it would be in the
overall public interest that the plans for these existing projects be re-
viewed by the Department of the Army to determine whether struc-
tural or operational modifications may be advisable, and to report
thereon to Congress for authorization. The effectiveness of existing
projects could be substantially improved by this endeavor, and it is
expected that the public benefits that would accrue from the neces-
sary modifications would far exceed their cost.
[p. Ill]
1.19b(3) COMMITTEE OF CONFERENCE
H.R. KEP. No. 91-1782, 91st Cong., 2d Sess. (1970)
RIVERS AND HARBORS AND FLOOD CONTROL ACTS OF
1970
DECEMBER 17,1970.—Ordered to be printed
Mr. BLATNIK, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 19877]
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 19877) au-
thorizing the construction, repair, and preservation of certain public
works on rivers and harbors for navigation, flood control, and for
other purposes, having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows.
That the House recede from its disagreement to the amendment of
the Senate and agree to the same with an amendment as follows:
-------
STATUTES AND LEGISLATIVE HISTORY 2779
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following:
*******
[p. 1]
SEC. 209. It is the intent of Congress that the objectives of enhancing
regional economic development, the quality of the total environment,
including its protection and improvement, the well-being of the
people of the United States, and the national economic development
are the objectives to be included in federally financed water resource
projects, and in the evaluation of benefits and cost attributable thereto,
giving due consideration to the most feasible alternative means of
accomplishing these objectives.
[p. 14]
SEC. 221. (a) After the date of enactment of this Act, the construc-
tion of any water resources project by the Secretary of the Army,
acting through the Chief of Engineers, or by a non-Federal interest
where such interest will be reimbursed for such construction under
the provisions of section 215 of the Flood Control Act of 1968 or
under any other provision of law, shall not be commenced until each
non-Federal interest has entered into a written agreement with the
Secretary of the Army to furnish its required cooperation for the
project.
(b) A non-Federal interest shall be a legally constituted public
body with full authority and capability to perform the terms of its
agreement and to pay damages, if necessary, in the event of failure to
perform.
(c) Every agreement entered into pursuant to this section shall be
enforceable in the appropriate district court of the United States.
(d) After commencement of construction of a project, the Chief
of Engineers may undertake performance of these items of coopera-
tion necessary to the functioning of the project for its purposes, if
he has first notified the non-Federal interest of its failure to perform
[p. 16]
the terms of its agreement and has given such interest a reasonable
time after such notification to so perform.
(e) The Secretary of the Army, acting through the Chief of Engi-
neers, shall maintain a continuing inventory of agreements and the
status of their performance, and shall report thereon annually to the
Congress.
(f) This section shall not apply to any project the construction of
which was commenced before January 1, 1972.
[p. 17]
-------
2780
LEGAL COMPILATION—WATER
ENFORCEMENT OF REGULATIONS
The Senate amendment provides authority to contend with the
problem of unauthorized disposal of refuse at water resource develop-
ment projects under the jurisdiction of the Corps of Engineers.
This provision makes it an offense to deposit litter of any kind
either into the waters or on the land of any water resource develop-
ment project administered by the Corps of Engineers. The Chief of
Engineers is given authority to designate employees to issue citations
for violations of antilitter regulations, requiring the appearance of
any person charged with a violation to appear before a U.S. Magis-
trate for trial. Violations are punishable by a fine of not more than
$500 or imprisonment of not more than 6 months or both.
The House bill has no similar provision.
The conference substitute is the same as the Senate amendment.
At many of the Corps of Engineers public use areas at its water
resources projects, the visitation has greatly increased and so has the
litter problem. This problem exists in certain picnic areas, camp
grounds on lake waters, and often at non-designated recreational
areas of the projects. It exists even where ample containers are
available for disposal of trash.
This needless littering degrades the recreational areas at which
considerable Federal funds have been expended to bring healthy and
clean recreational opportunities to the people of this Nation. It is
[p. 29]
for this reason that this provision has been included in the Flood
Control Act of 1970.
The Conferees recognize that there are many administrative and
fiscal problems involved in making this provision apply to all the
Corps of Engineers water resources development projects at one time.
Therefore, the Conferees would have no objection to the Corps of
Engineers initially implementing this provision selectively in those
areas where it would be most urgently required.
[p. 30]
1.19b(4) CONGRESSIONAL RECORD, VOL. 116 (1970)
1.19b(4)(a) Dec. 7: Amended and passed House, p. 40148
Mr. JONES of Alabama.
*****
In the committee's report on the Flood
Control Act of 1968—House Report No.
1709, 90th Congress—we noted a lack
of uniformity of standards for the for-
mulation and evaluation of water re-
sources projects. At that time we
pointed out that the data furnished the
committees of Congress does not always
accurately reflect all primary direct and
indirect benefits as well as the secondary
-------
STATUTES AND LEGISLATIVE HISTORY
2781
benefits which had been established as
Federal policy by the executive branch
and published in Senate Document No.
97, 87th Congress. We urged that there
should be a reevaluation of the princi-
ples, standards, and procedures for eco-
nomic analysis of Federal water and
related land resources projects.
Over a year and a half ago, the Fed-
eral Water Resources Council embarked
upon necessary revisions to the project
evaluation criteria with a view toward
recognizing all the benefits and costs
that result from water resource invest-
ments.
The committee understands that the
report of the special task force has been
completed and is under intensive review
within the executive branch. The need
to improve our environment and to
alleviate our urban congestion and
problems, requires that more realistic
criteria be applied to water resource
project evaluations. The proposals
under study by the Water Resources
Council would provide the basis for the
development of projects responsive to
the Nation's priorities. These revisions
are long overdue and the committee
urges early and expeditious action by
the administration in approving and im-
plementing these procedures. Accord-
ingly, section 209 of the Flood Control
Act of 1970 expresses a statement of the
intent of Congress that the objectives
of enhancing regional development pro-
tection and improvement of the quality
of the environment, enhancing well-be-
ing and enhancing national economic
development should be included in
water resource projects prosecuted by
the Secretary of the Army, acting
through the Chief of Engineers, and in
the evaluation of benefits and costs at-
tributable thereto.
This statement of intent is not to be
inferred that the committee is in total
agreement with the entire report of the
task force, but rather that we concur in
its stated objectives. We will at the
appropriate time examine in detail all
aspects of the report.
*****
Under section 222 the construction of
any water resources project by the Sec-
retary of the Army, shall not be com-
menced until the non-Federal interests
enter into a written agreement with the
Secretary of the Army to furnish the co-
operation required under the project
authorization or other law.
The non-Federal interests entering
into these agreements must be legally
constituted public bodies with full au-
thority and capability to perform the
terms of the agreement and to pay dam-
ages, if necessary, in the event of failure
to perform. The agreements will be
enforceable in the appropriate district
courts of the United States.
The section also requires that a con-
tinuing inventory be kept of agreements
and the status of their performance, and
that an annual report be made to the
Congress.
The committee feels that this section
will provide a necessary uniformity of
obligation among non-Federal interests
and insure that Federal investments in
water projects will be economically and
judiciously made. The committee rec-
ognizes that changes in State law may
be necessary in order for non-Federal
interests to comply with this action, and,
accordingly, has made the provisions of
the section applicable on January 1,
1972.
*****
[p. 40148]
-------
2782
LEGAL COMPILATION—WATER
1.19b(4)(b) Dec. 19: Amended and passed Senate, pp. 40593-40599,
40613, 40619-40620
[No Relevant Discussion on Pertinent Section]
1.19b(4)(c) Dec. 18: House agrees to conference report, pp. 42509-
42510, 42513-42514
Mr. JONES of Alabama. Mr. Speaker,
H.R. 19877, which we now bring back
from conference for approval of this
House is another example of excellent
cooperation between this body and the
Senate. Yesterday, I was able to note
this spirit of cooperation in dealing with
the Senate conferees on the Disaster
Relief Act of 1970, and today I am
pleased to report the same attitude pre-
vailed in the River and Harbor and
Flood Control Acts of 1970.
The agreed-upon conference substi-
tute authorized a total of 20 flood con-
trol projects, and 12 navigation and
beach erosion projects. The estimated
amount of these projects is $560,655,200.
I would point out that this total is $24
million less than the original House bill
and considerably less than the Senate
version.
H.R. 19877 is a comprehensive mea-
sure to authorize the Corps of Engineers
to carry forward vital programs for the
development and improvement of wa-
terways and harbors as an essential
element of the Nation's transportation
system, for the protection of lives and
property of our citizens against the rav-
ages of floodwaters, for the protection of
our valuable coastal resources from
erosion, for the generation of low-cost
hydroelectric power, for the develop-
ment of water supplies of suitable quan-
tity and quality to serve our Nation's
cities and industries, for the conserva-
tion and enhancement of fish and wild-
life resources, for providing increased
opportunities for our citizentry to enjoy
healthful outdoor recreation opportuni-
ties, and, in general, for inducing eco-
nomic development as a means of
enhancing the general welfare.
There are certain provisions which I
believe to be particularly important, I
would call the attention of my colleagues
and the appropriate Federal agencies to
section 209. This section provides for
the consideration and determination of
all costs and benefits in the formulation
and evaluation of water resource proj-
ects. The inclusion of this section in
the bill is the reflection of Congress
continuing concern that our water re-
sources be managed and developed con-
sonant with contemporary concerns for
the environment, for the urban prob-
lems, and for our concern for our
regions.
We are aware that the Water Re-
sources Council in the report of its
special task force has forthrightly ad-
dressed the problem of developing prin-
ciples and standards that would allow
for the evaluation of water resource
projects in terms of all objectives and
has developed more detailed guidance
for this purpose. But only within the
past few weeks have we become aware
of the position of the Office of Manage-
ment and Budget in opposition to this
type of analysis. In their initial review
of the special task force report, OMB
has, in effect, stated that we should not
pursue multiobjective approaches to
formulating our water resource plans
and that, in fact, we should evaluate
potential development plans on a basis
even narrower than our present stand-
ards provide.
We have repeatedly urged the execu-
tive branch to develop new guidelines
and procedures that would more appro-
priately reflect the concerns Congress
has expressed with respect to making
our water projects responsive to a broad
-------
STATUTES AND LEGISLATIVE HISTORY
2783
range of current and future national
concern. We believe the special task
force of the Water Resources Council
provides that basis. It is disturbing that
the OMB is now taking a position which
contravenes existing national goals and
seriously endangers the development of
water resource plans truly responsive
to our national needs. Section 209 ex-
presses the intention of the Congress
that we formulate our plans and evalu-
ate benefits and costs in the context of
all objectives—national economic de-
velopment, environment, quality of life,
and regional development. We can ill
afford to ignore the proper role of water
resources development in enhancing our
environment and helping to resolve
the problems of our urban areas and
depressed regions.
Proposals by the Office of Management
and Budget that would result in a fur-
ther increase in interest rate for evalu-
ation of water projects; that would limit
the benefits to be considered in the for-
mulation and evaluation of plans; and
that would preclude the full considera-
tion of all objectives in developing long-
range water resource programs would
clearly run counter to a growing na-
tional concern that all resource devel-
opment programs squarely address our
Nation's problems. We cannot neglect
the pressing problems of our cities, of
our obligation to improve our environ-
ment and to rid ourselves of pollution.
It is less costly to attack these problems
now than to pay the high costs of cor-
recting ills after they are created. The
statement of the objective for water
resources as set forth in section 209 ex-
presses the intent of Congress that the
contribution that water resource proj-
ects can make to a growing list of pri-
ority concerns be considered in the
formulation and evaluation of projects.
We feel confident that through a broad-
ening of the objectives and criteria by
which we plan for the future use of
our water resources, we can better util-
ize funds for water development.
I would further note that the Congress
in 1965 granted to the Water Resources
Council the responsibility of establish-
ing principles, standards, and proce-
dures for Federal participants in the
preparation of comprehensive regional
or river basin plans, and for the formu-
lation and evaluation of Federal water
and related land resource projects.
In the event that the Water Resources
Council is prevented from carrying out
the responsibility granted to it by the
Congress, the Congress may find it nec-
essary to reassert its authority in this
field.
I would insert in the RECORD at this
point a copy of the OMB memorandum
which states its position to the Water
Resources Council:
[p.42509]
EXECUTIVE OFFICES OF THE PRESIDENT,
OFFICE OF MANAGEMENT AND
BUDGET,
December 2,1970.
MEMORANDUM
To: Mr. W. Don Maughan, Executive Director,
Water Resources Council.
Subject: Proposed principles, standards, pro-
cedures for evaluating water resource
plans and projects
This is in response to your letter of October
29, 1970, to Mr. Weinberger on the above
subject.
As Mr. Weinberger indicated at our meeting
with you and representatives of the members
of the Council on October 7, the proposed
principles and standards should be carefully
scrutinized because of the long range impli-
cation of these guidelines on future water
resource development. We, therefore, are
making an intensive review to assure that this
is the best possible planning tool from the Ad-
ministration's standpoint. As promised, our
views will be furnished to the Council within
90 days.
So far, we have noted some changes that
we believe should be made in the proposed
standards. We believe the following changes
are necessary to meet the goal of better de-
cision making in water resource investments.
ADDITIONAL NON-FEDERAL PARTICIPATION IN
DEVELOPMENT COSTS
Everyone agreed at the October 7 meeting
that beneficiaries of water resource projects
should be required to participate more in the
costs for project development. Except for
recommendations regarding cost sharing for
water quality control, the WRC task force
recommends no change in current policies re-
-------
2784
LEGAL COMPILATION—WATER
gardlng apportionment of costs to local
interests.
We commend the task force for its proposal
for water quality control cost sharing and
concur in that recommendation. However,
other cost-sharing proposals are also needed.
Non-Federal interests should be required to
pay substantially more of the investment costs
in the future. For example, local cost shar-
ing for flood control projects should be con-
sistent with the Federal flood insurance
program. More importantly, equity calls for
increased local participation in water devel-
opment projects.
WRC is considering new cost sharing poli-
cies for flood control. We strongly urge that
this study be concluded soon since it has been
identified as a possible 1972 program reform
by the President. This study should be ap-
proved prior to approval of the proposed
principles and standards.
DISCOUNT RATE
In determining the discount rate for gov-
ernment investments in water resources, we
believe that the real opportunity cost of capi-
tal should be used. We recognize that the
rate of movement from the current level of
5>/8 percent will have to be worked out but
a significant increase from the current level
should be made immediately.
MULTIPLE-OBJECTIVES
The task force report provides for the rec-
ommendation of plans to meet objectives of
regional development, environmental quality
and quality of life even when costs, on a na-
tional income basis exceed the benefits. We
strongly disagree and believe no plan should
be recommended unless the addition to na-
tional income exceeds the costs.
BENEFITS FROM INCREASES IN OUTPUT RESULTING
FROM EXTERNAL ECONOMIES
The task force recommends that external
economies and diseconomies resulting from
water development be included in planning
reports. It recognizes that present tech-
niques are not well developed for measuring
external economies and diseconomies. We
do not agree that those economies or dis-
economies attributable to influencing the
economies of scale of processors or other
producers should be included as benefits to
a water resource project. Where such econ-
omies exist, they not only are almost Impos-
sible to measure but are probably offset by
reverse phenomena elsewhere. However, ex-
ternal effects caused by a project such as in-
creased costs imposed on parties other than
project beneficiaries can be evaluated with
sufficient confidence to warrant their inclu-
sion in the national benefit-to-cost estimates.
BENEFITS FROM UTILIZATION OF UNEMPLOYED
AND UNDEREMPLOYED RESOURCES
The task force report states that benefits
should be counted when a water plan creates
an opportunity to use resources that would
be unemployed or underemployed in the ab-
sence of the plan. The report states that
utilization of such resources may come about
(a) as a result of implementing a plan, in-
cluding construction, operation, maintenance,
or replacement; (b) as a result of the use of
intermediate goods and services resulting
from the plan; or (c) as a result of expansion
of output by firms who are indirectly affected
by the installation of the proj ect or indirectly
affected by consumers and firms who use final
and intermediate goods.
Use of unemployed or underemployed re-
sources, namely manpower, on a project is
now counted as area redevelopment benefits.
Counting benefits under (b) and (c) above
are conjectural, for example, the employment
of unemployed persons in an area because
an industrial plant is expected to locate there
because of flood protection to be provided by
a project. It is difficult to forecast plant lo-
cations. In addition, the plant may only re-
locate from one region to another so that
there is no net addition to national income.
Also, a plant planned for one location in a
region might locate in another area within
the region because of the project, in which
case, there is no net addition to the region
attributable to the project.
In addition to the question of private in-
vestments required to produce these benefits,
non-Federal public investments, such as
streets, water supply and sewers, may also
be required before the benefits will occur.
Thus, these types of benefits are not only
conjectural but must be allocated among the
various investments.
Benefits from the use of underemployed
or unemployed resources in (b) and (c)
above should not be included in the national
income account and only included in the
regional development account as a side cal-
culation for information as to possibilities
and not enter into the benefit-cost analysis
of the cost allocation.
BASINWIDE ANALYSIS
The standards will apply to the preparation
of framework studies or assessments, regional
or river basin studies, and implementation
(individual project) studies. Conceptually,
basinwide or regional analysis is the proper
way to formulate water resource plans. In
particular, one should be careful to eliminate
double counting from the same population
base. Further, this should assure a multi-
agency effort which will facilitate trade-offs
among agency objectives. In addition, how-
ever, water development should be an in-
-------
STATUTES AND LEGISLATIVE HISTORY
2785
tegral and necessary part of a regional
economic development plan prepared by
others than water planners.
INTERNAL EFFICIENCIES (INCREMENTAL
ANALYSIS)
The standards need a stronger statement
on the use of incremental analysis to deter-
mine optimum scale of development. The
statement should stress the optimization of
each project of a group of projects, and in-
cluding each separable segment and each
purpose of a project, as well as optimizing
the scale of physical development.
APPBOVAL OF PROPOSED PRINCIPLES, STANDARDS,
AND PROCEDURES
We agree that the President should approve
the statement of principles. With regard to
the approval of the statement of standards,
we believe it would be an appropriate task
for the Office of Management and Budget.
The standards, as well as the principles, will
guide the course of future water resources
planning and development. The importance
of the standards suggests that the review and
approval responsibility should be in the Ex-
ecutive Office of the President.
OTHER ISSUES
There are other areas that we are con-
cerned with and now have under delibera-
tion. We will communicate with you on these
at a later time. Examples are:
Proposal to apply standards to activities
not now covered by water resources stand-
ards, primarily land resources.
Proposed procedures for calculating navi-
gation, recreation and agricultural related
benefits.
Practicability of the social well-being or
quality of life objective as an explicit plan-
ning objective.
Implication of publishing a national pro-
gram for water resource development.
Recommended cost allocation procedures
compared to other alternatives.
Validity of projections set forth in the
standards to be used in planning.
Criteria for establishing period of analysis
for a water resource plan.
We are furnishing this information in order
to be more responsive to the Council's re-
quest for our views on the proposed principles
and standards. This should allow you to
focus early on some major areas of disagree-
ment between the Council's task force and
OMB. OMB staff, of course, is available to
work with you on this matter.
DONALD B. RICE.
[p. 42510]
Mr. EDMONDSON. Mr. Speaker,
within the past 5 years, this Congress
has enacted a number of important items
of legislation all of which reflect our
national concern that our water and
related resources be developed and util-
ized in the most effective way possible
to serve the needs of our present and
future generations. These include:
The Appalachian Regional Develop-
ment Act of 1965;
The Federal Water Project Recrea-
tion Act of 1965;
The Water Resources Planning Act of
1965;
The Public Works and Economic De-
velopment Act of 1965;
The Water Quality Act of 1965;
Authorization of the Northeastern
Water Supply Study in 1965;
[p. 42513]
The Clean Water Restoration Act of
1966;
The Wild and Scenic Rivers Act of
1968;
The National Flood Insurance Act of
1968;
The Estuary Protection Act of 1968;
The National Environmental Policy
Act of 1969; and
The Environmental Quality Improve-
ment Act of 1970.
Impressive as this list may appear,
there is yet a need to assure that the
Federal agencies required to execute
plans for water resources development
have clear and explicit guidelines that
fully incorporate planning and develop-
ment concepts that will assure that wa-
ter resource projects to be considered
by this Congress do, in fact, address our
critical environmental, economic, and
social problems.
Section 209 of this bill is clear ex-
pression of our intent that all objectives
and all benefits and costs associated with
those objectives are considered in the
formulation and evaluation of plans.
We strongly urge the development
without further delay of specific guide-
lines and procedures necessary to im-
plement this conservative intent. This
Nation must avoid further compounding
-------
2786
LEGAL COMPILATION—WATER
the serious problems we now face in
trying to cure the ills of congestion and
pollution in our increasingly urbanized
society.
The bill before us not only authorizes
a series of specific projects to help in this
effort, it also provides in section 209 the
broad policy cornerstones needed for a
full-scale national effort to meet na-
tional needs of growing urgency.
We urge cooperation by the adminis-
tration in the meeting of those needs.
[p. 42514]
1.19b(4)(d) Dec. 19: Senate agrees to conference report, pp. 42724,
42727, 42728
[No Relevant Discussion on Pertinent Section]
-------
STATUTES AND LEGISLATIVE HISTORY 2787
1.19c WATER RESOURCES PLANNING ACT
AMENDMENTS OF 1971
June 17, 1971, P.L. 92-27, 85 Stat. 77
AN ACT To amend the Water Resources Planning Act to authorize
increased appropriations
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 (79
Stat. 244, 42 U.S.C. 1962 et seq.) is amended by striking out the present section
401 and inserting in lieu thereof the following:
"SEC. 401. There are authorized to be appropriated—(a) not to exceed $6,000,000
annually for the Federal share of the expenses of administration and operation of
river basin commissions, including salaries and expenses of the chairman: Pro-
vided, That not more than $750,000 annually shall be available under this subsec-
tion for any single river basin commission; and
"(b) not to exceed $1.5 million annually for the expenses of the Water Resources
Council in administering this Act."
Approved June 17, 1971.
[p. 77]
1.19c(l) HOUSE COMMITTEE ON INTERIOR
AND INSULAR AFFAIRS
H.R. REP. No. 92-197, 92d Cong., 1st Sess. (1971)
AMENDING THE WATER RESOURCES PLANNING ACT TO
AUTHORIZE INCREASED APPROPRIATIONS
MAY 12, 1971.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. JOHNSON of California, from the Committee on Interior and
Insular Affairs, submitted the following
REPORT
[To accompany H.R. 6359]
The Committee on Interior and Insular Affairs, to whom was re-
ferred the bill (H.R. 6359) to amend the Water Resources Planning
Act to authorize increased appropriations, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
-------
2788 LEGAL COMPILATION—WATER
The amendment is as follows:
Page 2, lines 3 and 4 strike out subsection (b) in its entirety and
insert:
(b) not to exceed $1.5 million annually for the expenses of
the Water Resources Council in administering this Act.
PURPOSE OF THE LEGISLATION
The purpose of H.H. 6359 is to increase the amount authorized to
be appropriated for administering the Water Resources Planning Act
(79 Stat. 244), and to effect a minor clarification of that act.
BACKGROUND TO LEGISLATION
In 1965, Congress enacted the Water Resources Planning Act,
Public Law 89-80. That legislation established the Water Resources
Council and set forth the machinery for creation of river basin com-
missions for the purpose of conducting comprehensive river basin
planning of water and related land resource development programs.
In addition, the Act authorized a program of grants to the several
States to assist in the development of State water plans and generally
enhance the local planning competence.
Section 401 of the Water Resources Act, as subsequently amended,
provides limitations on the amount authorized to be appropriated for
[p-l]
administrative operation of the foregoing programs, as follows: (a)
For operations of the Water Resources Council—$500,000; (b) For
the operation of river basin commissions—$6,000,000; and (c) For
administering the State grant program—$400,000.
PRESENT LEGISLATION
H.R. 6359 eliminates the accounting distinction between funds for
administering the Water Resources Council and funds for admin-
istering the grant program. The bill, as introduced, would also re-
move the statutory limitation on the amount authorized to be
appropriated for these purposes. An added minor purpose of H.R.
6359 is to spell out that the salaries and expenses of federally ap-
pointed chairmen of river basin commissions are to be defrayed from
funds appropriated for operation of the commissions as distinct from
funds made available for Council administration.
COMMITTEE AMENDMENT
The committee amended H.R. 6359 to place a limitation of $1,500,-
000 annually on the amount authorized to be appropriated for ad-
ministering the Council. In making this amendment, the committee
-------
STATUTES AND LEGISLATIVE HISTORY 2789
followed its longstanding practice of placing specific limitations on
the amount authorized to be appropriated; thus insuring the oppor-
tunity for the committee to participate in future decisions to increase
the magnitude or scope of the program.
COST OF LEGISLATION
The additional public cost arising from the enactment of H.R. 6359
would not exceed $600,000 annually as estimated by the Water Re-
sources Council. This is the increase authorized by the bill and con-
stitutes the committee's estimate as required by rule XIII of the
Rules of the House.
COMMITTEE RECOMMENDATION
The Committee on Interior and Insular Affairs, on the basis of a
favorable voice vote, recommends that H.R. 6359, as amended, be
passed.
EXECUTIVE COMMUNICATIONS
An executive communication from the Chairman of the Water
Resources Council, transmitting draft legislation is set forth in full
below.
WATER RESOURCES COUNCIL
Washington, D.C., March 11,1971.
Hon. CARL ALBERT,
Speaker of the House of Representatives,
Washington, D.C.
DEAR MR. SPEAKER: Enclosed is a proposed draft bill "to amend
the Water Resources Planning Act to authorize increased appropria-
tions." At present, the Act (79 Stat. 244, 42 USC 1962 et seq.) con-
[p. 2]
tains a combined ceiling of $900,000 for the Council's administration
of the act, consisting of a ceiling of $500,000 for title I and $400,000
for the administration of title III. The bill proposes to eliminate these
ceilings so as to accommodate the administration's proposed fiscal
year 1972 budget for the Council and to permit any necessary future
increase in funds that could be made available.
The separate authorization ceilings for the administration of titles
I and III have proved to be somewhat artificial and impractical in
actual operation, and we believe that the authorization for the Coun-
cil's administration of the act should be combined as proposed in the
bill. This change will result in more efficient administration and
more accurately reflect the Council's organizational structure.
-------
2790 LEGAL COMPILATION—WATER
Authorization ceilings for river basin commissions established
under title II of the act would not be changed by this bill. It would,
however, clarify the budgetary procedure for such commissions by
providing explicitly that the salaries and expenses of commission
chairmen are subject to the title II ceilings.
The ceiling on grant funds to States, set at $5,000,000 in the act
would not be affected by this bill.
The Office of Budget and Management advises that this bill would
be in accordance with the program of the President.
Sincerely yours,
ROGERS C. B. MORTON, Chairman.
A BILL To amend the Water Resources Planning Act to authorize
increased appropriations
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 (79 Stat. 244, 42 U.S.C. 1962 et
seq.) is amended by striking out the present Section 401 and
inserting in lieu thereof the following.
SEC. 401. There are authorized to be appropriated:
(a) not to exceed $6,000,000 annually for the Federal share
of the expenses of administration and operation of river
basin commissions, including salaries and expenses of the
chairmen: Provided, That not more than $750,000 annually
shall be available under this subsection for any single river
basin commission; and
(b) such sums as may be necessary for the expenses of
the Water Resources Council in administering this Act.
COMPARISON WITH EXISTING LAW
In compliance with clause 3 of rule XIII of the Rules of the House
of Representatives, changes in existing law, section 401 of the Water
Resources Planning Act as amended (79 Stat. 244, 82 Stat. 935, 42
U.S.C. 1962), made by the bill, as reported, are shown as follows (ex-
isting law proposed to be omitted is enclosed in brackets; new matter
is in italic):
SEC. 401. [There are authorized to be appropriated not to exceed
$500,000 annually to carry out the provisions of Title I of this Act,
[p. 3]
not to exceed $6,000,000 annually to carry out the provisions of title
II, and not to exceed $400,000 annually for the administration of Title
-------
STATUTES AND LEGISLATIVE HISTORY 2791
III: Provided, That with respect to Title II, not more than $750,000
annually shall be available for any single river basin commission.]
There are authorized to be appropriated— (a) not to exceed $6,000,000
annually for the Federal share of the expenses of administration and
operation of river basin commissions, including salaries and expenses
of the chairmen: Provided, That not more than $750,000 annually shall
be available under this subsection for any single river basin commis-
sion; and (b) not to exceed $1,500,000 annually for the expenses of the
Water Resources Council in administering this Act.
[p. 4]
1.19c(2) SENATE COMMITTEE ON INTERIOR
AND INSULAR AFFAIRS
S. REP. No. 92-139, 92d Cong., 1st Sess. (1971)
AMENDING THE WATER RESOURCES PLANNING ACT TO
AUTHORIZE INCREASED APPROPRIATIONS
JUNE 3,1971.—Ordered to be printed
Mr. JACKSON, from the Committee on Interior and Insular Affairs,
submitted the following
REPORT
[To accompany H.R. 6359]
The Committee on Interior and Insular Affairs, to which was re-
ferred the bill (H.R. 6359) to amend the Water Resources Planning
Act to authorize increased appropriations, having considered the
same, reports favorably thereon without amendment and recommends
that the bill do pass.
PURPOSE OF THE MEASURE
The purpose of this bill is to amend the existing provisions of the
Water Resources Planning Act which impose ceilings upon the annual
appropriations authorized for the administration of titles I and II
of the act, to increase the ceilings.
BACKGROUND
The Water Resources Planning Act of 1965 has the following gen-
eral provisions:
-------
2792 LEGAL COMPILATION—WATER
Title I established the Water Resources Council. The Council is
composed of the Secretaries of the Interior, Agriculture, the Army,
HEW, Transportation, and the Chairman of the Federal Power Com-
mission. It is supported by an Executive Director and staff which
constitute a separate agency. The Council has important administra-
tive duties to maintain an assessment of the Nation's water resources,
review and establish standards and procedures for Federal water re-
source development, and review comprehensive river basin plans.
[p. 1]
Title II authorizes the establishment of joint Federal-State river
basin commissions to perform comprehensive water resource planning
for various regions and to coordinate water resource development
activities in the regions. Each such commission shall have a chairman
appointed by the President as Federal representative, and a repre-
sentative from each State and each Federal agency represented and
from each interstate agency created by compact. (River basin com-
missions have been established in five basins thus far. In the other
basins ad hoc committees are performing the function.)
Title III provides for a program of grants to the States amounting
to $5 million annually to finance not more than 50 percent of each
State's comprehensive water resource planning program.
Title IV of the act includes miscellaneous provisions including the
authorization of appropriations. The existing limitations are as
follows:
$500,000 annually to carry out title I (increased from $300,000
by the act of Oct 2, 1968, 82 Stat. 935).
$6,000,000 annually to carry out title II, further limited to not
more than $750,000 for any single river basin commission.
$400,000 for the administration of title III.
The Subcommittee on Water and Power Resources held a hearing
on April 23, 1971, on S. 1398, which was recommended by the Water
Resources Council and which is a companion bill to H.R. 6359.
PROPOSED LEGISLATION
As introduced, H.R. 6359 and S. 1398, would have deleted section
401 of the act dealing with appropriations and substituted new
language which would have the following effects:
(1) Retain the existing ceiling on funding for river basin
commissions.
(2) Remove entirely, the existing ceilings on funds to carry
out the Council's coordinating functions under title I and to
administer the grant program of title III.
-------
STATUTES AND LEGISLATIVE HISTORY 2793
COMMITTEE ACTION
The committee voted to amend S. 1398, to place a limitation of
$1,500,000 annually upon the combined appropriations for the Coun-
cil's administrative expenses under titles I and III of the act. The
committee then voted to report H.R. 6359, which had passed the
House on May 17, 1971, incorporating a similar amendment.
The committee believes that the authorization of appropriations
wherever possible should include a ceiling. In this case experience in
administering the act provides an adequate basis for such a ceiling.
The Council's request for fiscal year 1972 is $1,381,000. The recom-
mended ceiling of $1,500,000 provides some additional latitude for
future increases. If larger increases are necessary, the committee be-
lieves that further review by the legislative committees would be
appropriate.
[p. 2]
COMMITTEE RECOMMENDATIONS
The Committee on Interior and Insular Affairs, by unanimous vote,
recommends that H.R. 6359 be enacted.
EXECUTIVE COMMUNICATIONS
An executive communication from the Chairman of the Water
Resources Council, transmitting draft legislation is set forth in full
below.
WATER RESOURCES COUNCIL,
Washington, D.C., March 11,1971.
Hon. SPIRO T. AGNEW
President of the Senate,
Washington, D.C.
DEAR MR. PRESIDENT: Enclosed is a proposed draft bill to amend
the Water Resources Planning Act to authorize increased appropri-
ations. At present, the act (79 Stat. 244, 42 U.S.C. 1962 et seq.) con-
tains a combined ceiling of $900,000 for the Council's administration
of the act, consisting of a ceiling of $500,000 for title I and $400,000
for the administration of title III. The bill proposes to eliminate
these ceilings so as to accommodate the administration's proposed
fiscal year 1972 budget for the Council and to permit any necessary
future increase in funds that could be made available.
The separate authorization ceilings for the administration of titles
I and III have proved to be somewhat artificial and impractical in
actual operation, and we believe that the authorization for the Coun-
cil's administration of the act should be combined as proposed in the
-------
2794 LEGAL COMPILATION—WATER
bill. This change will result in more efficient administration and more
accurately reflect the Council's organizational structure.
Authorization ceilings for river basin commissions established
under title II of the act would not be changed by this bill. It would,
however, clarify the budgetary procedure for such commissions by
providing explicitly that the salaries and expenses of commission
chairmen are subject to the title II ceilings.
The ceiling on grant funds to States, set at $5 million in the act
would not be affected by this bill.
The Office of Budget and Management advises that this bill would
be in accordance with the program of the President.
Sincerely yours,
ROGERS C. B. MORTON, Chairman.
CHANGES IN EXISTING LAW
In compliance with subsection (4) of rule XXIX of the Standing
Rules of the Senate, changes in existing law made by the bill, H.R.
6359 as reported, are shown as follows (existing law proposed to be
[p. 3]
omitted is enclosed in black brackets, new matter is printed in italic,
existing law in which no change is proposed is shown in roman):
SEC. 401 OF THE WATER RESOURCES PLANNING ACT
(79 Stat. 244 as amended 82 Stat. 935)
SEC. 401. [There are authorized to be appropriated not to exceed
$500,000 annually to carry out the provisions of Title I of this Act,
not to exceed $6,000,000 annually to carry out the provisions of Title
II, and not to exceed $400,000 annually for the administration of Title
III: Provided, That with respect to Title II, not more than $750,000
annually shall be available for any single river basin commission.]
There are authorized to be appropriated—(a) not to exceed $6,000,-
000 annually for the Federal share of the expenses of administration
and operation of river basin commissions, including salaries and
expenses of the chairmen: Provided, That not more than $750,000
annually shall be available under this subsection for any single river
basin commission; and (b) not to exceed $1,500,000 annually for the
expenses of the Water Resources Council in administering this Act.
[p. 4]
-------
STATUTES AND LEGISLATIVE HISTORY
2795
1.19c(3) CONGRESSIONAL RECORD, VOL. 117 (1971)
1.19c(3)(a) May 17: Considered and passed House, pp. H3981-H3982
AMENDING THE WATER
RESOURCES PLANNING ACT TO
AUTHORIZE INCREASED
APPROPRIATIONS
Mr. JOHNSON of California. Mr.
Speaker, I move to suspend the rules
and pass the bill (H.R. 6359) to amend
the Water Resources Planning Act to
authorize increased appropriations, as
amended.
The Clerk read as follows:
H.R. 6359
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 (79 Stat. 244,
42 U.S.C. 1962 et seq.) is amended by striking
out the present section 401 and inserting in
lieu thereof the following:
"SEC. 401. There are authorized to be ap-
propriated— (a) not to exceed $6,000,000 an-
nually for the Federal share of the expenses
of administration and operation of river basin
commissions, including salaries and expenses
of the chairman: Provided, That not more
than $750,000 annually shall be available un-
der this subsection for any single river basin
commission; and
"(b) not to exceed $1.5 million annually
for the expenses of the Water Resources
Council in administering this Act."
The SPEAKER. Is a second de-
manded?
Mr. HOSMER. Mr. Speaker, I de-
mand a second.
The SPEAKER. Without objection, a
second will be considered as ordered.
There was no objection.
The SPEAKER. The Chair recognizes
the gentleman from California (Mr.
JOHNSON).
Mr. JOHNSON of California. Mr.
Speaker, I yield myself such time as I
may consume.
Mr. Speaker, H.R. 6359 is a simple
straightforward bill to increase the
amount authorized to be appropriated
for operation of the headquarters offices
of the Water Resources Council. The
Council was established by Public Law
89-80, the Water Resources Planning
[p. H 3981]
Act of 1965. That legislation, in addition
to providing for the Council, spelled out
the machinery for creation of Federal
river basin commissions and also set up
a system of grants to States to aid
in water and related land resource
planning.
The act, as amended, which will be
amended by H.R. 6359 provides appro-
priations authority to the three activities
in the amount of $500,000 for operation
of the Council, $6,000,000 for operation
of the river basin commissions and $400,-
000 for administering the grant program.
Since the first and third of these pro-
grams are carried out in the headquar-
ters office of the Council and the
personnel engaged in these programs are
generally interchangeable, it has proven
unworkable and awkward to make a
distinction between grant administration
and other Council activities generally.
The bill we are considering today will
eliminate this distinction by authorizing
a single appropriation for all Water Re-
sources Council activities.
The bill as reported from committee
sets a new level of authorized appropria-
tions at $1,500,000. While this is a 67-
percent increase over the $900,000
presently authorized, testimony before
the Committee on Interior and Insular
Affairs Subcommittee on Irrigation and
Reclamation shows that the new amount
is necessary to cover ongoing work and
to provide a small increment for future
increases in subsequent years.
Actually, Mr. Speaker, the President's
budget for fiscal year 1972 includes a re-
quest for $1,381,000 and it, thus, be-
comes imperative that we pass this bill
so that the appropriations can be made.
There were full and comprehensive
hearings on H.R. 6359 and it was ap-
proved unanimously in both the sub-
-------
2796
LEGAL COMPILATION—WATER
committee and the full committee, after
adoption of a committee amendment to
substitute the fixed amount of $1,500,000
in lieu of an open-ended amount as pro-
vided in the original text of the bill.
The Water Resources Council is
making a valuable contribution to the
development of coordinated comprehen-
sive plans for the use of our water and
related land resources throughout the
entire Nation. It is also demonstrating
an ability to standardize procedures and
standards among the several agencies
involved in water resource development,
thus reducing duplication and lost mo-
tion within the Federal establishment.
In this sense the Council is paying its
own way in the form of savings to other
agencies and merits the support of all
Members in passing this legislation to
provide an adequate level of funding for
subsequent years.
I, therefore, urge all of my colleagues
to join with me in voting favorably on
H.R. 6359.
Mr. HOSMER. Mr. Speaker, I yield
myself such time as I may consume.
(Mr. HOSMER asked and was given
permission to revise and extend his
remarks.)
Mr. HOSMER. Mr. Speaker, I rise in
support of H.R. 6359, as amended and
reported by the Committee on Interior
and Insular Affairs.
The purpose of H.R. 6359 is to increase
the amount authorized to be appropri-
ated to the Water Resource Council for
carrying out its administrative respon-
sibilities under the Water Resources
Planning Act.
The present statute, Public Law 89-80,
limits the amounts authorized to be ap-
propriated as follows: First, $500,000
annually to carry out the authorized
functions of the Water Resources Coun-
cil; Second, $6,000,000 annually to carry
out the authorized functions of the River
Basin Commissions; and, Third, $400,000
annually to administer the State grant
program.
This bill, H.R. 6359, as amended by the
committee, consolidates the amounts au-
thorized to be appropriated for admin-
istering the Water Resources Council
and the State grant program, and in-
creases the combined amount from
$900,000 annually to not to exceed $1.5
million annually. In addition, the bill
makes clear that the salaries and ex-
penses of the chairman of the river basin
commissions appointed by the President
shall be paid from the funds appropri-
ated for the operators of the river basin
commission.
This legislation is needed to comply
with the President's budget request for
the Water Resources Council for fiscal
1972. There is no change in the budget
request for planning grants to the States
or the operation of the six river basin
commissions. However, there is an in-
crease in the amount needed for admin-
istration and coordination under the act.
This increase will involve the addition of
seven staff petitions and the amount
necessary to cover the normal escalation
in administrative costs.
Mr. Speaker, I urge the passage of
H.R. 6359, as amended.
The SPEAKER. The question is on
the motion of the gentleman from Cali-
fornia that the House suspend the rules
and pass the bill H.R. 6359, as amended.
The question was taken; and (two-
thirds having voted in favor thereof) the
rules were suspended and the bill, as
amended, was passed.
A motion to reconsider was laid on
the table.
[p. H3982]
1.19c(3)(b) June 7: Considered and passed Senate, pp. S8377-S8378
AUTHORIZATION FOR INCREASED
APPROPRIATIONS FOR THE
WATER RESOURCES COUNCIL
Mr. MANSFIELD. Mr. President, I
ask unanimous consent that the Senate
proceed to the consideration of Calendar
No. 135, H.R. 6359.
The ACTING PRESIDENT pro tern-
-------
STATUTES AND LEGISLATIVE HISTORY
2797
pore. The bill will be stated by title.
The assistant legislative clerk read as
follows:
An act (H.R. 6359) to amend the Water
Resources Planning Act to authorize increased
appropriations.
The ACTING PRESIDENT pro tern-
pore. Is there objection to the present
consideration of the bill?
There being no objection, the bill was
considered, ordered to a third reading,
read the third time, and passed.
Mr. MANSFIELD. Mr. President, I
ask unanimous consent to have printed
in the RECORD an excerpt from the report
[p. S8377]
(No. 92-139), explaining the purposes of
the measure.
There being no objection, the excerpt
was ordered to be printed in the RECORD,
as follows:
PURPOSE OP THE MEASURE
The purpose of this bill is to amend the
existing provisions of the Water Resources
Planning Act which impose ceilings upon the
annual appropriations authorized for the ad-
ministration of titles I and II of the act, to
increase the ceilings.
BACKGROUND
The Water Resources Planning Act of 1965
has the following general provisions:
Title I established the Water Resources
Council. The Council is composed of the Sec-
retaries of the Interior, Agriculture, the
Army, HEW, Transportation, and the Chair-
man of the Federal Power Commission. It is
supported by an Executive Director and staff
which constitute a separate agency. The
Council has important administrative duties
to maintain an assessment of the Nation's
water resources, review and establish stand-
ards and procedures for Federal water
resource development, and review compre-
hensive river basin plans.
Title II authorizes the establishment of
joint Federal-State river basin commissions
to perform comprehensive water resource
planning for various regions and to coordinate
water resource development activities in the
regions. Each such commission shall have a
chairman appointed by the President as Fed-
eral representative, and a representative from
each State and each Federal agency repre-
sented and from each interstate agency cre-
ated by compact. (River basin commissions
have been established in five basins thus far.
In the other basins ad hoc committees are
performing the function.)
Title III provides for a program of grants
to the States amounting to $5 million annually
to finance not more than 50 percent of each
State's comprehensive water resource plan-
ning program.
Title IV of the act includes miscellaneous
provisions including the authorization of ap-
propriations. The existing limitations are as
follows:
$500,000 annually to carry out title I (in-
creased from $300,000 by the act of Oct. 2,
1968, 82 Stat. 935).
$6,000,000 annually to carry out title II,
further limited to not more than $750,000 for
any single river basin commission.
$400,000 for the administration of title III.
The Subcommittee on Water and Power
Resources held a hearing on April 23, 1971,
on S. 1398, which was recommended by the
Water Resources Council and which is a
companion bill to H.R. 6359.
PROPOSED LEGISLATION
As introduced, H.R. 6359 and S. 1398, would
have deleted section 401 of the act dealing
with appropriations and substituted new
language which would have the following
effects:
(1) Retain the existing ceiling on funding
for river basin commissions.
(2) Remove entirely, the existing ceilings
on funds to carry out the Council's coordinat-
ing functions under title I and to administer
the grant program of Title III.
COMMITTEE ACTION
The committee voted to amend S. 1398, to
place a limitation of $1,500,000 annually upon
the combined appropriations for the Council's
administrative expenses under title I and III
of the act. The committee then voted to re-
port H.R. 6359, which had passed the House
on May 17, 1971, incorporating a similar
amendment.
The committee believes that the authoriza-
tion of appropriations wherever possible
should include a ceiling. In this case experi-
ence in administering the act provides an
adequate basis for such a ceiling. The Coun-
cil's request for fiscal year 1972 is $1,381,000.
The recommended ceiling of $1,500,000 pro-
vides some additional latitude for future in-
creases. If larger increases are necessary, the
committee believes that further review by the
legislative committees would be appropriate.
[p. S8378]
-------
2798 LEGAL COMPILATION—WATER
1.20 APPALACHIAN REGIONAL DEVELOPMENT ACT
OF 1965, AS AMENDED
40 App. U.S.C. §§212, 214 (1971)
APPALACHIAN DEVELOPMENT ACT
§212. Sewage treatment works
(a) In order to provide facilities to assist in the prevention of
pollution of the region's streams and to protect the health and wel-
fare of its citizens, the Secretary of Health, Education, and Wel-
fare is authorized to make grants for the construction of sewage
treatment works in accordance with the provisions of the Federal
Water Pollution Control Act (33 U.S.C. 466 et seq.), without re-
gard to any provisions therein relating to appropriation authoriza-
tion ceilings or to allotments among the States. Grants under this
section shall be made solely out of funds specifically appropriated
for the purpose of carrying out this Act, and shall not be taken
into account in the computation of the allotments among the States
pursuant to any other provision of law.
(b) Not to exceed $6,000,000 of the funds authorized in section
401 of this Act for the two-fiscal year period ending June 30, 1969,
shall be available to carry out this section.
P.L. 89-4, Mar. 9, 1965, 79 Stat. 5, as amended, Pub.L. 90-103, Title I,
§114, Oct. 11, 1967, 81 Stat. 262.
§214. Supplements to Federal grant-in-aid programs
(a) In order to enable the people, States, and local communities
of the region, including local development districts, to take maximum
advantage of Federal grant-in-aid programs (as hereinafter defined)
for which they are eligible but for which, because of their economic
situation, they cannot supply the required matching share, or for
which there are insufficient funds available under the Federal grant-
in-aid Act authorizing such programs to meet pressing needs of the
region, the President is authorized to provide funds to the Federal
Cochairman to be used for all or any portion of the basic Federal
contribution to projects under such Federal grant-in-aid programs
authorized by Federal grant-in-aid Acts, and for the purpose of in-
creasing the Federal contribution to projects under such programs,
as hereafter defined, above the fixed maximum portion of the cost of
such projects otherwise authorized by the applicable law. In the case
of any program or project for which all or any portion of the basic
Federal contribution to the project under a Federal grant-in-aid
program is proposed to be made under this subsection, no such Fed-
eral contribution shall be made until the responsible Federal official
administering the Federal grant-in-aid Act authorizing such contri-
-------
STATUTES AND LEGISLATIVE HISTORY 2799
bution certifies that such program, or project meets the applicable
requirements of such Federal grant-in-aid Act and could be approved
for Federal contribution under such Act if funds were available under
such Act for such program or project. Funds may be provided for
programs and projects in a State under this subsection only if the
Commission determines that the level of Federal and State financial
assistance under Acts other than this Act, for the same type of pro-
grams or projects in that portion of the State within the region, will
not be diminished in order to substitute funds authorized by this
subsection. Funds provided pursuant to this Act shall be available
without regard to any limitations on areas eligible for assistance or
authorizations for appropriation in any other Act. Any findings,
report, certification, or documentation required to be submitted to
the head of the department, agency, or instrumentality of the Federal
Government responsible for the administration of any Federal grant-
in-aid program shall be accepted by the Federal Cochairman with
respect to a supplemental grant for any project under such program.
(b) The Federal portion of such costs shall not be increased in
excess of the percentages established by the Commission, and shall
in no event exceed 80 per centum thereof.
(c) The term "Federal grant-in-aid programs" as used in this sec-
tion means those Federal grant-in-aid programs authorized by this
Act for the construction or equipment of facilities, and all other Fed-
eral grant-in-aid programs authorized on or before December 31,
1974, by Acts other than this Act for the acquisition of land or the
construction or equipment of facilities, including but not limited to
grant-in-aid programs authorized by the following Acts: Federal
Water Pollution Control Act; Watershed Protection and Flood Pre-
vention Act; title VI of the Public Health Service Act; Vocational
Education Act of 1963; Library Services Act; Federal Airport Act;
Airport and Airway Development Act of 1970; part IV of title III of
the Communications Act of 1934; Higher Education Facilities Act
of 1963; Land and Water Conservation Fund Act of 1965; National
Defense Education Act of 1958. The term shall not include (A) the
program for the construction of the development highway system
authorized by section 201 of this Act or any other program relating to
highway or road construction, or (B) any other program for which
loans or other Federal financial assistance, except a grant-in-aid
program, is authorized by this or any other Act. For the purpose of
this section, any sewage treatment works constructed pursuant to
section 8(c) of the Federal Water Pollution Control Act without
Federal grant-in-aid assistance under such section shall be regarded
as if constructed with such assistance.
(d) Not to exceed $97,000,000 of the funds authorized in section
-------
2800 LEGAL COMPILATION—WATER
401 of this Act for the two-fiscal year period ending June 30, 1969,
shall be available to carry out this section.
Pub.L. 89-4, Mar. 9, 1965, 79 Stat. 5, Pub.L. 90-103, Title I, §116,
Oct. 11, 1967, 81 Stat. 263. Pub.L. 91-123, Title I, §107, Nov. 25, 1969,
83 Stat. 215; Pub.L. 91-258, Title I, §52 (b) (5), May 21, 1970, 84 Stat.
235; Pub.L. 92-65, Title II, 3210, Aug. 5, 1971, 85 Stat. 171.
1.20a APPALACHIAN REGIONAL DEVELOPMENT ACT
OF 1965
March 9,1965, P.L. 89-4, §§212, 214, 79 Stat. 16, 17
PART B—SUPPLEMENTATIONS AND MODIFICATIONS OF EXISTING
PROGRAMS
SEWAGE TREATMENT WORKS
SEC. 212. (a) In order to provide facilities to assist in the preven-
tion of pollution of the region's streams and to protect the health and
welfare of its citizens, the Secretary of Health, Education, and Wel-
fare is authorized to make grants for the construction of sewage treat-
ment works in accordance with the provisions of the Federal Water
Pollution Control Act (33 U.S.C. 466 et seq.), without regard to any
provisions therein relating to appropriation authorization ceilings or
to allotments among the States. Grants under this section shall be
made solely out of funds specifically appropriated for the purpose of
carrying out this Act, and shall not be taken into account in the com-
putation of the allotments among the States pursuant to any other
provision of law.
[p. 16]
SUPPLEMENTS TO FEDERAL GRANT-IN-AID PROGRAMS
SEC. 214. (a) In order to enable the people, States, and local com-
munities of the region, including local development districts, to take
maximum advantage of Federal grant-in-aid programs (as herein-
after defined) for which they are eligible but for which, because of
their economic situation, they cannot supply the required matching
share, the Secretary of Commerce is authorized, pursuant to specific
recommendations of the Commission approved by him and after con-
sultation with the appropriate Federal officials, to allocate funds
appropriated to carry out this section to the heads of the departments,
agencies, and instrumentalities of the Federal Government respon-
sible for the administration of such Federal grant-in-aid programs.
Funds so allocated shall be used for the sole purpose of increasing the
Federal contribution to projects under such programs above the fixed
maximum portion of the cost of such project otherwise authorized
-------
STATUTES AND LEGISLATIVE HISTORY 2801
by the applicable law. Funds shall be so allocated for Federal
grant-in-aid programs for which funds are available under the Act
authorizing such programs. Such allocations shall be available with-
out regard to any appropriation authorization ceilings in such Act.
(b) The Federal portion of such costs shall not be increased in
excess of the percentages established by regulations promulgated by
the Secretary of Commerce, and such regulations shall in no event
authorize the Federal portion of such costs to exceed 80 per centum
thereof.
(c) The term "Federal grant-in-aid programs" as used in this
section means those Federal grant-in-aid programs authorized by this
Act for the construction or equipment of facilities, and all other
Federal grant-in-aid programs authorized on or before the effective
date of this Act by Acts other than this Act for the acquisition of land
and the construction or equipment of facilities, including but not
limited to grant-in-aid programs authorized by the following Acts:
Federal Water Pollution Control Act; Watershed Protection and
Flood Prevention Act; title VI of the Public Health Service Act;
Vocational Education Act of 1963; Library Services Act; Federal
Airport Act; part IV of title III of the Communications Act of
1934; Higher Education Facilities Act of 1963; Land and Water Con-
servation Fund Act of 1965; National Defense Education Act of 1958.
The term shall not include (A) the program for the construc-
tion of the development highway system authorized by section 201
[p. 17]
of this Act or any other program relating to highway or road con-
struction, or (B) any other program for which loans or other Federal
financial assistance, except a grant-in-aid program, is authorized by
this or any other Act.
(d) Not to exceed $90,000,000 of the funds authorized in section
401 of this Act shall be available to carry out this section.
[p. 18]
-------
2802 LEGAL COMPILATION—WATER
1.20a(l) SENATE COMMITTEE ON PUBLIC WORKS
S. REP. No. 13, 89th Cong., 1st Sess. (.1965)
APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965
JANUARY 27,1965.—Ordered to be printed
Mr. RANDOLPH, from the Committee on Public Works, submitted the
following
REPORT
together with
INDIVIDUAL VIEWS
[To accompany S. 3]
The Committee on Public Works, to whom was referred the bill
(S. 3), to provide public works and economic development programs
and the planning and coordination needed to assist in the development
of the Appalachian region, having considered the same, report favor-
ably thereon with amendments and recommend that the bill as
amended do pass.
The amendments are shown in italic type in the reported bill.
[p. 1]
SEWAGE TREATMENT
Inadequate waste treatment through the lack of sewage treatment
facilities is a serious Appalachian problem which threatens the health
of its people and discourages economic development. Section 212
of the bill therefore provides a total of $6 million for 1965 and 1966
to be made available to the Secretary of Health, Education, and
Welfare for the construction of sewage treatment control facilities,
under the terms of the Water Pollution Control Act, which authorizes
such construction. These special Appalachian authorizations are not
to be affected by the authorization ceilings or allotments among the
several States, otherwise provided in that act.
SUPPLEMENTS TO EXISTING GRANT-IN-AID PROGRAMS
As conclusively demonstrated in the Commission's report, the
-------
STATUTES AND LEGISLATIVE HISTORY 2803
lagging economy in many sections of Appalachia has resulted in the
Federal grant-in-aid programs not being fully utilized by communi-
ties most in need of them, simply because they could not produce the
matching funds required. Hill-Burton Act hospitals, the Depart-
ment of Agriculture's small watershed conservation and development
programs, the Federal Airport Act's airport development assistance,
as examples, are simply not available to many of Appalachia's
communities.
Therefore, section 214 of the bill authorizes the provision of a
special fund to help Appalachian communities meet part of the local
share of existing grant-in-aid programs. Under this authority the
Secretary of Commerce, following appropriate consultation with the
Appalachian Commission, is empowered to allocate funds to eligible
localities "* * * for the sole purpose of increasing the Federal
contribution * * * above the fixed maximum portion of the cost
* * * authorized by applicable law." Such funds shall not be used
to increase the Federal share of any program to more than
[p. 21]
80 percent of the cost; they shall be used only for grant programs,
not for any loan or other Federal financially assisted program; and
only for the construction and equipment of facilities.
Therefore, section 214 authorizes the Federal share of grant-in-aid
projects under existing Federal programs to go as high as 80 percent
and authorizes $90 million for these supplemental grants.
Under this authority the Secretary of Commerce, following appro-
priate consultation with the Appalachian Commission, is empowered
to allocate funds to eligible localities "* * * for the sole purpose of
increasing the Federal contribution * * * above the fixed maximum
portion of the cost * * * authorized by applicable law."
The committee wishes to make clear that the 80-percent ceiling
applies to the total cost of the project. It is not to be applied in
addition to the customary Federal share allowed in these existing
grant programs. Non-Federal interests should pay at least 20 percent
of the total cost.
The supplemental funds shall be used only for grant programs, not
for any loan or other Federal financially assisted program, and only
for the construction and equipment of facilities.
The committee would make note of the observations of some that
the provision for supplementing presently authorized grant-in-aid
programs in "back-door reenactment" of the Public Works Accelera-
tion Act. Without accepting the implied strictures against the
accelerated public works program, the committee draws attention to
the marked differences between that national program and the pro-
-------
2804 LEGAL COMPILATION—WATER
posed1 Appalachian program. With regard to the latter, the projects
selected for special financial aid in Appalachia will be those which
(1) are part of a comprehensive program for a larger area plan, and
(2) not only promise lasting long-term benefits, but are also necessary
for the successful realization of a comprehensive plan for a given
area, and (3) need not be confined to those areas designated as
depressed areas under the criteria of the Area Redevelopment Act.
With respect to the third factor mentioned above, the committee
takes note of the argument that the proposed legislation contains no
standards for determining the eligibility of small areas, and that, in
fact, some 67 counties would be eligible for special assistance under
the Appalachian program which are not eligible for grants under the
Public Works Acceleration Act. The committee acknowledges this
fact, but believes that the conclusion drawn therefrom misses the
entire point of regional planning.
It was recognized that Appalachia's unique historical development
produced special conditions which demanded not only special pro-
grams but a special approach also; that is, combining many of the
small areas (or counties) into larger and stronger units, depressed
and prosperous areas alike, all working together to achieve the
maximum benefit from newly coordinated State and Federal
programs.
This is regionalism, whether it be the regionalism of towns and
counties banded together or the regionalism of States banded to-
gether. In either case—both of which were seen to be necessary if
either were to be successful, and both of which are provided for in
this act—a fundamental principle must be that, when the smallest
units have pooled their resources to plan how to overcome economic
stagnation, they have the flexibility to decide for themselves where
they shall provide the special projects and programs which can do
them the most good. (To encourage these combinations the act
encourages the
[p. 22]
States to create local development districts—not necessarily new
combinations or entities—which will be eligible for special aids
under the act.) This means that if the people of several depressed
counties freely agree that it is to their advantage to have a neighbor-
ing prosperous county be the location for a new regional medical
center, it can be presumed that this is the most economic and
potentially helpful decision for those several counties, and that this
decision best assures that the expenditure of public funds will
produce the desired result.
Critics of the act have recognized that the highway program cannot
-------
STATUTES AND LEGISLATIVE HISTORY 2805
be confined only to those counties which are officially designated as
depressed under the ARA and the Accelerated Public Works Act.
They fail to see the logical extension of this same kind of reasoning to
other portions of the act, such as the provisions for controlling water,
for cleaning up polluted streams, for reclaiming abandoned mining
areas and planning for recreation areas, and so on.
If it is recognized that getting the fullest effectiveness out of a
highway requires that certain fundamental technical principles must
be adhered to, surely it can be seen that other development projects
partake of the same nature and logic. These natural resource an
physical development projects, planned to have an economic stimulus
over as broad an area as possible, must be located where they can do
the most good irrespective of whether or not there also exists at that
same spot a pool of unemployed men or a population with low income.
Section 224 does require the Commission to establish standards and
criteria for carrying out the provisions of the act. But, instead of
confirming the application of the projects and programs into pre-
viously (and somewhat rigidly) designated areas under previous
programs, the proposed act focuses upon program criteria, procedures,
and their economic interrelationships, as well as areas.
Thus, it is left up to the new Commission—the single Federal
representative, the 11 States and the collaborating counties through-
out the region—to select for certain projects and programs those areas
which promise the most return on the investment over the long term.
In ascertaining the amount of contribution to the local share that
the Secretary of Commerce can make available to the relevant Fed-
eral agencies through the supplemental fund, he shall consider the
total cost of the project. Thus, in determining the cost of a small
watershed program to the local community, he shall find the entire
cost figure involved and then set a cost and a share for the whole
program, including the works of improvement, land-treatment
measures, and purchase of right-of-way easements and relocation
costs.
The land and water conservation fund has been added to the list
of designated programs which may be supplemented. Supplemental
grants may be made to meet the cost of land acquisition and improve-
ments to land acquired with funds from that act. These grants may
be made despite section 5 (e) and (f) of the Land and Water Conser-
vation Fund Act which would otherwise prohibit the Secretary of the
Interior from making grants under the land and water conservation
fund for projects which receive Federal funds from other Federal pro-
grams. Grants under the Appalachian program to enable the States
and local communities to participate effectively in Federal programs,
providing assistance in the acquisition of land and the construction
-------
2806 LEGAL COMPILATION—WATER
and equipment of facilities in the region that will contribute to the
growth of the region, do not constitute duplication of Federal con-
[p. 23]
tributions which section 5 (e) and (f) of the Land and Water
Conservation Fund Act was designed to prevent.
[p. 24]
Section 212
One of the major problems of Appalachia is inadequate sewage
treatment which is a deterrent to both sound health and economic
development. In addition to the appropriations made in the Federal
Water Pollution Control Act, $6 million in Federal funds is author-
ized by this section for fiscal years 1966 and 1967. These funds will
be made available through the Secretary of Health, Education, and
Welfare under the terms contained in that act.
Section 214
In order to allow Appalachian communities to take maximum ad-
vantage of Federal grant-in-aid programs for which they are eligible
but for which they cannot supply the matching funds, a special fund
of $90 million for fiscal years 1966 and 1967 is authorized by this
section. The Secretary of Commerce, acting on the recommendations
of the Commission, shall use this fund to increase the Federal con-
tribution to grant-in-aid programs above the fixed maximum portion
authorized by the applicable law, in order to decrease the local share.
The Federal portion may not be increased above 80 percent of the
cost. The programs referred to include those authorized by this act
and other existing grant-in-aid programs which assist in the acquisi-
tion of land and the construction and equipment of public facilities.
The Secretary may not supplement grant-in-aid programs providing
funds for operations, but only land acquisition, construction, and
equipment programs.
[p- 31]
-------
STATUTES AND LEGISLATIVE HISTORY 2807
1.20a(2) HOUSE COMMITTEE ON PUBLIC WORKS
H.R. REP. No. 51, 89th Cong., 1st Sess. (1965)
APPALACHIAN REGIONAL DEVELOPMENT ACT OF 1965
FEBRUARY 17, 1965.—Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. FALLON, from the Committee on Public Works, submitted the
following
REPORT
[To accompany S. 3]
The Committee on Public Works, to whom was referred the bill
(S. 3) to provide public works and economic development programs
and the planning and coordination needed to assist in development of
the Appalachian region, having considered the same, report favorably
thereon without amendment and recommend that the bill do pass.
[p. 1]
SEWAGE TREATMENT
Inadequate waste treatment, through the lack of sewage treatment
facilities, is a serious Appalachian problem which threatens the health
of its people and discourages economic development. Section 212 of
the bill therefore provides a total of $6 million for the period ending
June 30, 1967, to be made available to the Secretary of Health, Edu-
cation, and Welfare for the construction of sewage treatment control
facilities, under the terms of the Water Pollution Control Act, which
authorizes such construction.
As this section states, these funds will be expended without regard
to the national authorization ceiling or the allotment ceiling for each
State contained in the Water Pollution Control Act. This bill in no
way changes the specific dollar ceiling on the amount of funds that can
be expended for an individual project under that act.
SUPPLEMENTS TO FEDERAL GRANTS-IN-AID
The lagging economy in many sections of Appalachia has severely
impaired the ability of the States and local communities to raise funds
needed to match Federal grants. Many Federal grant-in-aid pro-
-------
2808 LEGAL COMPILATION—WATER
grams are not utilized by local communities because local or State
matching funds are not available.
Hospitals are not built under the Hill-Burton Act because local
matching dollars cannot be obtained. Many communities in the re-
gion have no general aviation service because they cannot muster the
local contribution to match Federal grants under the Federal Airport
Act. Appalachia's full entitlement under the small watershed pro-
gram of the Department of Agriculture is not used because local
matching money is not available.
In light of this, Section 214 of the bill authorizes $90 million to aid
local communities in their efforts to meet the local share of existing
grant-in-aid programs. Under this authority the Secretary of Com-
merce is empowered, following appropriate consultation, to allocate
funds—
for the sole purpose of increasing the Federal contribution * * *
above the fixed maximum portion of the cost of such projects
otherwise authorized by the applicable law.
[p. 20]
Total Federal participation is not to exceed 80 percent of the cost of
each project. The grant-in-aid programs concerned are those relating
to the acquisition of land and the construction and equipment of facili-
ties but the supplementation provided is not to apply to the develop-
ment highways and access roads authorized by section 201 of the bill,
or any other highway program, or to any loan or other Federal
financially assisted program, except a grant-in-aid program.
The committee intends that this special program shall be used only
to supplement other Federal grant-in-aid programs for which funds
are available and the section specifically so provides. It cannot be
used to pick up the total Federal share of a program for which legis-
lative authorization exists, but for which no funds have been ap-
propriated. For example, the legislative authorization for the public
facility grant program under the Area Redevelopment Act still exists
but all funds authorized have been appropriated and Congress has not
increased the authorization for further funds for its effective con-
tinuation. The supplemental program established by section 214 of
this bill could not be used to provide a Federal contribution under
that program, since its own funds have been exhausted.
[p. 21]
Section 212
One of the major problems of Appalachia is inadequate sewage
treatment which is a deterrent to both sound health and economic
development. In addition to the appropriations made in the Federal
Water Pollution Control Act, $6 million in Federal funds is author-
-------
STATUTES AND LEGISLATIVE HISTORY 2809
ized by this section. These funds will be made available through the
Secretary of Health, Education, and Welfare under the terms con-
tained in that act.
Section 214
In order to allow Appalachian communities to take maximum ad-
vantage of Federal grant-in-aid programs for which they are eligible
but for which they cannot supply the matching funds, a special fund
of $90 million is authorized by this section. The Secretary of Com-
merce, acting on the recommendations of the Commission, shall use
this fund to increase the Federal contribution to grant-in-aid pro-
grams above the fixed maximum portion authorized by the applicable
law, in order to decrease the local share.
The Federal portion may not be increased above 80 percent of the
cost. The programs referred to include those authorized by this act
and other existing grant-in-aid programs which assist in the acquisi-
tion of land and the construction and equipment of public facilities.
The Secretary may not supplement grant-in-aid programs providing
funds for operations, but only land acquisition, construction, and
equipment programs.
[p. 271
1.20a(3) CONGRESSIONAL RECORD, VOL. Ill (1965)
1.20a(3)(a) Feb. 1: Amended and passed Senate, p. 1715
[No Relevant Discussion on Pertinent Section]
1.20a(3)(b) March 3: Passed House, p. 4030
[No Relevant Discussion on Pertinent Section]
1.20b 1966 REORGANIZATIONAL PLAN NO. 2
May 10, 1966, 80 Stat. 1608
Prepared by the President and transmitted to the Senate and the
House of Representatives in Congress assembled, February 28,1966,
pursuant to the provisions of the Reorganization Act of 1949, 63
Stat. 203, as amended.
WATER POLLUTION CONTROL
SECTION 1. Transfers of functions and agencies, (a) Except as
otherwise provided in this section, all functions of the Secretary of
Health, Education, and Welfare and of the Department of Health,
Education, and Welfare under the Federal Water Pollution Control
Act, as amended, hereinafter referred to as the Act (33 U.S.C. 466
-------
2810 LEGAL COMPILATION—WATER
et seq.), including all functions of other officers, or of employees or
agencies, of that Department under the Act, are hereby transferred to
the Secretary of the Interior.
(b) The Federal Water Pollution Control Administration is hereby
transferred to the Department of the Interior.
(c) (1) The Water Pollution Control Advisory Board, together
with its functions, is hereby transferred to the Department of the
Interior.
(2) The functions of the Secretary of Health, Education, and Wel-
fare (including those of his designee) under section 9 of the Act shall
be deemed to be hereby transferred to the Secretary of the Interior.
(3) The Secretary of Health, Education, and Welfare shall be an
additional member of the said Board as provided for by section 9 of
the Act and as modified by this reorganization plan.
(d) (1) The Hearing Boards provided for in sections 10 (c) (4)
and 10 (f) of the Act, including any Boards so provided for which may
be in existence on the effective date of this reorganization plan, to-
gether with their respective functions, are hereby transferred to the
Department of the Interior.
(2) The functions of the Secretary of Health, Education, and Wel-
fare under the said sections 10 (c) (4) and 10 (f) shall be deemed to be
hereby transferred to the Secretary of the Interior.
(3) The Secretary of the Interior shall give the Secretary of
Health, Education, and Welfare opportunity to select a member of
each Hearing Board appointed pursuant to sections 10 (c) (4) and
10 (f) of the Act as modified by this reorganization plan.
(e) There are excepted from the transfers effected by subsection
(a) of this section (1) the functions of the Secretary of Health, Edu-
cation, and Welfare and the Assistant Secretary of Health, Education,
and Welfare under clause (2) of the second sentence of section 1 (b)
of the Act, and (2) so much of the functions of the Secretary of
Health, Education, and Welfare under section 3 (b) (2) of the Act
as relates to public health aspects.
(f) The functions of the Surgeon General under section 2 (k) of
the Water Quality Act of 1965 (79 Stat. 905) are transferred to the
Secretary of Health, Education, and Welfare. Within 90 days after
this reorganization plan becomes effective, the Secretary of the In-
terior and the Secretary of Health, Education, and Welfare shall
present to the President for his approval an interdepartmental agree-
ment providing in detail for the implementation of the consultations
provided for by said section 2 (k). Such interdepartmental agree-
ment may be modified from time to time by the two Secretaries with
the approval of the President.
[p. 1608]
-------
STATUTES AND LEGISLATIVE HISTORY 2811
(g) The functions of the Secretary of Health, Education, and Wel-
fare under sections 2 (b), (c), and (g) of the Water Quality Act of
1965 are hereby transferred to the Secretary of the Interior: Pro-
vided, That the Secretary of the Interior may exercise the authority
to provide further periods for the transfer to classified positions in the
Federal Water Pollution Control Administration of commissioned
officers of the Public Health Service under said section 2 (b) only with
the concurrence of the Secretary of Health, Education, and Welfare.
(h) The functions of the Secretary of Health, Education, and
Welfare under the following provisions of law are hereby transferred
to the Secretary of the Interior:
(1) Section 702 (a) of the Housing and Urban Development Act of
1965 (79 Stat. 490).
(2) Section 212 of the Appalachian Regional Development Act of
1965 (79 Stat. 16).
(3) Section 106 of the Public Works and Economic Development
Act of 1965 (79 Stat. 554).
SEC. 2. Assistant Secretary of the Interior. There shall be in the
Department of the Interior one additional Assistant Secretary of the
Interior, who shall be appointed by the President, by and with the
advice and consent of the Senate, who shall, except as the Secretary of
the Interior may direct otherwise, assist the Secretary in the discharge
of the functions transferred to him hereunder, who shall perform
such other duties as the Secretary shall from time to time prescribe,
and who shall receive compensation at the rate now or hereafter
prescribed by law for Assistant Secretaries of the Interior.
SEC. 3. Performance of transferred functions. The provisions of
sections 2 and 5 of Reorganization Plan No. 3 of 1950 (64 Stat. 1262)
shall be applicable to the functions transferred hereunder to the
Secretary of the Interior to the same extent as they are applicable to
the functions transferred to the Secretary thereunder.
SEC. 4. Incidental provisions, (a) So much of the personnel, prop-
erty, records, and unexpended balances of appropriations, allocations,
and other funds, employed, used, held, available, or to be made avail-
able in connection with the functions transferred to the Secretary of
the Interior or the Department of the Interior by this reorganization
plan as the Director of the Bureau of the Budget shall determine shall
be transferred to the Department of the Interior at such time or times
as the Director shall direct.
(b) Such further measures and dispositions as the Director of the
Bureau of the Budget shall deem to be necessary in order to effectuate
the transfers referred to in subsection (a) of this section shall be car-
ried out in such manner as he shall direct and by such agencies as he
shall designate.
-------
2812 LEGAL COMPILATION—WATER
(c) This reorganization plan shall not impair the transfer rights
and benefits of commissioned officers of the Public Health Service
provided by section 2 of the Water Quality Act of 1965.
SEC. 5. Abolition of office, (a) There is hereby abolished that office
of Assistant Secretary of Health, Education, ,and Welfare the incum-
bent of which is on date of the transmittal of this reorganization plan
to the Congress the Assistant Secretary of Health, Education, and
Welfare designated by the Secretary of Health, Education, and Wel-
fare under the provisions of section 1 (b) of the Act.
[p. 1609]
(b) The Secretary of Health, Education, and Welfare shall make
such provisions as he shall deem to be necessary respecting the wind-
ing up of any outstanding affairs of the Assistant Secretary whose
office is abolished by subsection (a) of this section.
[p. 1610]
1.20c TO REVISE AND EXTEND THE APPALACHIAN RE-
GIONAL DEVELOPMENT ACT OF 1965, AND TO AMEND
THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT
ACT OF 1965
October 11,1967, P.L. 90-103, Titie I, §§114,116,81 Stat. 262, 263
SEC. 114. Subsection (b) of section 212 of the Act, entitled "SEWAGE
TREATMENT WORKS", is amended to read as follows:
"(b) Not to exceed $6,000,000 of the funds authorized in section
401 of this Act for the two-fiscal-year period ending June 30, 1969,
shall be available to carry out this section."
[p. 262]
SEC. 116. Section 214 of the Act is amended to read as follows:
"SUPPLEMENTS TO FEDERAL GRANT-IN-AID PROGRAMS
"SEC. 214. (a) In order to enable the people, States, and local com-
munities of the region, including local development districts, to take
maximum advantage of Federal grant-in-aid programs (as hereinafter
defined) for which they are eligible but for which, because of their
economic situation, they cannot supply the required matching share,
the President is authorized to provide funds to the Federal Cochair-
man to be used for the sole purpose of increasing the Federal contri-
bution to projects under Federal grant-in-aid programs, as hereafter
defined, above the fixed maximum portion of the cost of such projects
otherwise authorized by the applicable law. Funds shall be so pro-
-------
STATUTES AND LEGISLATIVE HISTORY 2813
vided for Federal grant-in-aid programs for which funds are available
under the Acts authorizing such programs and shall be available
without regard to any appropriation authorization ceilings in such
Acts. Any finding, report, certification, or documentation required
to be submitted to the head of the department, agency, or instru-
mentality of the Federal Government responsible for the administra-
tion of any Federal grant-in-aid program shall be accepted by the
Federal Cochairman with respect to a supplemental grant for any
project under such program.
"(b) The Federal portion of such costs shall not be increased in
excess of the percentages established by the Commission, and shall in
no event exceed 80 per centum thereof.
" (c) The term 'Federal grant-in-aid programs' as used in this sec-
tion means those Federal grant-in-aid programs authorized by this
Act for the construction or equipment of facilities, and all other Fed-
eral grant-in-aid programs authorized on or before December 31,1967,
by Acts other than this Act for the acquisition of land or the con-
struction or equipment of facilities, including but not limited to
grant-in-aid programs authorized by the following Acts: Federal
Water Pollution Control Act; Watershed Protection and Flood Pre-
vention Act; title VI of the Public Health Service Act; Vocational
Education Act of 1963; Library Services Act; Federal Airport Act;
part IV of title III of the Communications Act of 1934; Higher Ed-
ucation Facilities Act of 1963; Land and Water Conservation Fund
Act of 1965; National Defense Education Act of 1958. The term shall
not include (A) the program for the construction of the development
highway system authorized by section 201 of this Act or any other
program relating to highway or road construction, or (B) any other
program for which loans or other Federal financial assistance, except
a grant-in-aid program, is authorized by this or any other Act.
"(d) Not to exceed $97,000,000 of the funds authorized in section
401 of this Act for the two-fiscal-year period ending June 30, 1969,
shall be available to carry out this section."
[p. 263]
-------
2814 LEGAL COMPILATION—WATER
1.20c(l) SENATE COMMITTEE ON PUBLIC WORKS
S. REP. No. 159, 90th Cong., 1st Sess. (1967)
APPALACHIAN REGIONAL DEVELOPMENT ACT
AMENDMENTS OF 1967, AND AMENDMENTS TO TITLE V
OF THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT
ACT OF 1965
APRIL 6,1967.—Ordered to be printed
Mr. RANDOLPH, from the Committee on Public Works, submitted the
following
REPORT
together with
SUPPLEMENTAL VIEWS
[To accompany S. 602]
The Committee on Public Works, to which was referred the bill
(S. 602) to revise and extend the Appalachian Regional Development
Act of 1965, having considered the same, reports favorably thereon
with amendments and recommends that the bill as amended do pass.
The amendments are shown in italic type in the reported bill.
[p. 1]
Section 212. Sewage Treatment Works
Section 212 of the Appalachian Act authorizes $6 million for grants
for the construction of sewage treatment facilities in accordance with
the Federal Water Pollution Control Act. Three million dollars were
appropriated in fiscal year 1966 and $3 million in fiscal year 1967.
These funds are in addition to the sums provided the Appalachian
States under the Federal Water Pollution Control Act.
As of January 1, 1967, the Commission had approved 11 sewage
treatment projects using a total of $1,908,810 in section 212 funds.
Another 16 projects requesting a total of $2,631,053 are under review
at the Commission, in the regional offices of the Federal Water Pol-
lution Control Administration, or in the States.
The committee understands that section 212 funds have been used
at a slow rate due to the fact that a State's 212 allocation is not used
-------
STATUTES AND LEGISLATIVE HISTORY 2815
until its allotment of Federal funds under the Water Pollution Control
Act has been committed to projects and sent to the regional offices
of the Federal Water Pollution Control Administration. This has
meant that it has been late in the fiscal year when section 212 funds
have been committed to projects.
[p. 16]
Supplemental Grant-in-Aid Program
Section 214 of the Appalachian Regional Development Act of 1965
authorized $90 million for supplemental grants to enable the States,
local governments, and other applicants to take full advantage of
Federal grant-in-aid programs, for the construction or equipment of
facilities, or the acquisition of land, authorized on or before March 9,
1965, the effective date of the act. Supplemental grants may increase
the Federal share of the project costs authorized under a basic grant-
in-aid program to a maximum of 80 percent of the costs. Forty-five
million dollars were appropriated for fiscal 1966 and $30 million for
fiscal 1967.
As of January 1, 1967, the Appalachian Regional Commission had
approved 221 supplemental grants totaling $35 million. Two hundred
and twenty-nine projects requesting $39 million in 214 funds are now
under review at the Commission or in the States. Most of these 450
projects, representing a total cost of $350 million, are of six types:
hospitals, higher education, vocational education, sewage treatment,
libraries, and airports.
In 1964 and 1965, testimony presented to the committee in support
of supplements for Federal grant-in-aid programs established that
eligible applicants in the region had been unable to provide the neces-
sary matching funds to take full advantage of Federal grant-in-aid
programs. The effect of the section 214 program can be seen by a
comparison of Federal money spent in the region in fiscal 1965 (when
no 214 funds were available) and fiscal 1966 (when they were) (table
I).
-------
2816
LEGAL COMPILATION—WATER
TABLE I.—PUBLIC FACILITIES CONSTRUCTION EXPENDITURES IN APPALACHIA, FOR SIX SELECTED
PROGRAMS, FISCAL YEARS 1965 AND 1966
Program type
Vocational education
Higher education
Sewage treatment
Hospitals
Airports
Total
Fiscal
year
1965
1966
1965
1966
1966
1966
1966
1965
1966
1965
1966
Total cost Basic Federal State and 214
funds local funds supplemental
$5,747,972
8,834,917
16,210,914
32,462,723
79,658,575
186,030,893
46,461,844
48,058,025
56,234,333
68,157,298
15,869,140
21,288,544
'220,182,788
'364,832,400
$2,054,974
3,736,887
6,157,296
13,696,215
18,950,993
43,662,098
11,829,037
13,612,113
18,209,797
25,131,005
7,934,570
10,644,272
65,136,667
110,482,590
$3 227 895 .
3,105,575
10 053 618
14,691,563
60 707 582
133,401,597
33,817,457 ,
28,716,636
36,295,581
7,934,570 .
9,842,673
153 765 658 .
226,053,625
$ 1,992,455
4,074,945
8,967,198
5,300,276
6,730,712
801,599
27,867,185
1 Includes grants made under APW.
2 Includes grants made under EDA.
[p. 17]
In fiscal 1965, $65 million in Federal grant-in-aid funds, covering
the six major programs noted above, were spent in the region. In
fiscal 1966, $27.8 million in section 214 funds supplemented $110.5
million from those same six programs—an increase of $45.4 million.
In both fiscal years the basic Federal grant-in-aid percentage of total
project costs continued at an average 29 percent.
Section 214 has proved to be "seed money," not only in relation to
other Federal funds, but in the attraction of State funds as well.
While it is still too early to compile definitive data on this point, pre-
liminary indications are that State legislatures in the region are being
asked to provide greater amounts of State funds to help match Fed-
eral grant-in-aid programs.
On the basis of grants approved as of January 1, 1967, each dollar
of section 214 money has accounted for $1.85 in other Federal funds,
and has attracted a $1.90 in State and local money, or a total of $4.75
in all projects, as indicated in table II. Section 214 funds have ac-
counted for an average of 21 percent of total project costs.
-------
STATUTES AND LEGISLATIVE HISTORY
TABLE II.—APPROVED 214 PROJECTS AS OF JAN. 1, 1967
2817
Program type
Libraries
Vocational education . .
Airports
Other
Grant total
Number
of
projects
29
44
37
31
51
11
18
221
Total cost
$ 9,087,580
26,464,680
51 889 043
20,351,621
42,548,238
4,106,120
13,772,063
168,219,345
Sec. 214
$ 2,483 512
6,148,005
9 741 879
5 268 289
7,532 798
914,971
2,907,913
34,997,369
Basic
$ 3 410 641
' 13,668,294
16 717 517
26 Oil 196
18 250,902
2,007,868
6,886,797
66,953,215
State
$ 52 014
2,296,976
11 820 883
1,960 460
1,490,562
256,000
2,461,131
20,338,026
Local
$ 3 141 412
4,351,405
13 608 764
7 in 676
15 273 974
927,281
1,516,220
45,930,733
' Includes $7,544,017—211 funds.
2 Includes $1,908,810—212 funds.
Less than a third of the supplemental grants approved by the Com-
mission have raised the Federal grant to 80 percent of project costs.
This judicious use of these funds based on the need of the applicants
is a tribute to the States and the Commission.
Moreover, within the States, supplemental grant funds have been
a key element in the implementation of State investment plans.
Alabama, for instance, as table III shows, has concentrated almost
all of its section 214 money in the area of higher education. Maryland
has used its funds almost entirely for the expansion of hospital facil-
ities. The majority of Georgia's funds under this section have sup-
plemented projects which will eliminate water pollution in the major
river and water shortages areas in northern Georgia. Kentucky's
plan detailed a 4-year investment schedule using almost all of its sec-
tion 214 money in the construction of vocational education facilities
in its eastern counties. Thirteen of these schools have been funded
and are now nearing completion, eight more have been approved and
funded, three are pending at the Commission, and nine more are
planned for fiscal 1968.
[p. 18]
-------
G 214 FUNDS, THROUGH JUNE 30, 1967, BY PROJECT TYPE
ar amounts in thousands]
ED AND PENDIN
[Dol
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2818
-------
STATUTES AND LEGISLATIVE HISTORY 2819
Section 212. Sewage treatment works
Section 113, S. 602
$6 million authorized fiscal $6 million authorized fiscal
years 1966 and 1967. years 1968 and 1969.
Appropriations
Millions
Fiscal year 1966 $3
Fiscal year 1967 3
Total . . 6
[p. 30]
Section 214. Supplements to Federal grant-in-aid programs
Section 115, S. 602
Under this section, programs to
include all future grant-in-aid
programs, the President to pro-
vide funds to the Federal Co-
chairman.
$90 million authorized fiscal $97 million authorized for fiscal
years 1966 and 1967. years 1968 and 1969.
Appropriations
Millions
Fiscal year 1966 $ 5
Fiscal year 1967 70
Total 75
[p. 31]
-------
2820 LEGAL COMPILATION—WATER
1.20c(2) HOUSE COMMITTEE ON PUBLIC WORKS
H.R. REP. No. 548, 90th Cong., 1st Sess. (1967)
APPALACHIAN REGIONAL DEVELOPMENT ACT AMEND-
MENTS OF 1967, AND AMENDMENTS TO THE PUBLIC
WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965
AUGUST 8, 1967.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. FALLON, from the Committee on Public Works, submitted the
following
REPORT
[To accompany S. 602]
The Committee on Public Works, to whom was referred the bill
(S. 602) to revise and extend the Appalachian Regional Development
Act of 1965, and to amend title V of the Public Works and Economic
Development Act of 1965, having considered the same, report favor-
ably thereon with amendments and recommend that the bill as
amended do pass.
The amendments are as follows:
Strike out all after the enacting clause and insert a complete new
text which is printed in the reported bill in italic type.
Amend the title so as to read:
An Act to revise and extend the Appalachian Regional De-
velopment Act of 1965, and to amend the Public Works and
Economic Development Act of 1965.
[p. 1]
SEWAGE TREATMENT FACILITIES
Section 212 of the Appalachian Act of 1965 authorizes $6 million
for grants for the construction of sewage treatment facilities in ac-
cordance with the Federal Water Pollution Control Act. $3 million
was appropriated in fiscal year 1966 and $3 million in fiscal' year
1967. These funds are in addition to the sums provided the Ap-
palachian States under the Federal Water Pollution Control Act.
As of May 31,1967, the Commission had approved 25 sewage treat-
ment projects using a total of $2,740,250 in section 212 funds. Another
-------
STATUTES AND LEGISLATIVE HISTORY 2821
23 projects requesting a total of $2,666,247 are under review at the
Commission, in the regional offices of the Federal Water Pollution
Control Administration, or in the States.
Inadequate waste treatment, through the lack of sewage treatment
facilities, can be a serious impediment to economic development. The
committee therefore recommends the authorization of $6 million for
fiscal year 1968 and fiscal year 1969.
[p- 19]
SUPPLEMENTAL GRANTS-IN-AID
Section 214 authorizes supplemental grants to enable the States,
local governments, and other applicants to take full advantage of
Federal grant-in-aid programs. Grant-in-aid programs for the con-
struction or equipment of facilities, or the acquisition of land, author-
ized on or before March 9, 1965, the effective date of the 1965 act are
eligible for supplements. Supplemental grants may increase the
Federal share of the project costs eligible for assistance under a basic
grant-in-aid program to a maximum of 80 percent of the costs. Ninety
million dollars was authorized. Forty-five million dollars was appro-
priated for fiscal year 1966 and $30 million for fiscal year 1967. S. 602,
as reported, authorizes $71 million for this purpose for the next 2
years.
As of May 31, 1967, the Appalachian Regional Commission had ap-
proved 343 supplemental grants totaling $55 million. Ninety-seven
projects requesting $18 million in 214 funds are now under review at
the Commission or in the States. Most of these 440 projects, repre-
senting a total cost of $350 million, are of six types: hospitals, higher
education, vocational education, sewage treatment, libraries, and
airports.
In 1964 and 1965, testimony presented to the committee in support
of section 214 established that eligible applicants in the region had
been unable to provide the necessary matching funds to take full
advantage of Federal grant-in-aid programs. The effect of the section
214 program can be seen by a comparison of Federal money spent in
the region in fiscal year 1965 (when no 214 funds were available) and
fiscal year 1966 (when they were). (Table I.)
In fiscal year 1965, $65 million in Federal grant-in-aid funds, cover-
ing the six major programs noted above, were spent in the region.
In fiscal year 1966, $27.8 million in section 214 funds supplemented
$110.5 million from those same six programs—an increase of $45.4
million.
[p. 20]
-------
2822
LEGAL COMPILATION—WATER
TABLE I.—PUBLIC FACILITIES CONSTRUCTION EXPENDITURES IN APPALACHIA, FISCAL YEAR 1965 AND 1966
Program type
Libraries:
1965
1966
Vocational education:
1965
1966
Higher education:
1965
1966
Sewage treatment:
1965
1966
Hospitals:
1965
1966
Airports:
1965
1966
Totals:
1965
1966
Total cost
$ 5 747,972
8 834,917
16210914
32 462,723
79658,575
186,030,893
46,461,844
48,058,025
56 234,333
68,157,298
15 869,140
21,288,544
'220 182,778
2364,832,400
Basic
Federal
funds
$ 2,054,974
3,736,887
6,157,296
13,696.215
18,950,993
43,662,098
11,829,037
13,612,113
18,209,797
25,131,005
7,934,570
10,644,272
65,136,667
110,482,590
State and 214
local funds supplemental
$ 3,227,895.
3,105,575
10,053,618
14,691,563
60,707,582
133,401,597
33,817,457
28,716,636
38,024,536
36,295,581
7,934,570
9,842,673
153,765,658
226,053,625
$1,992,455
4,074,945
8,967,198
5,300,276
6,730,712
801,599
27,867,185
1 Includes grants made under APW.
* Includes grants made under EDA.
On the basis of grants approved as of March 31, 1967, every dollar
of 214 money has accounted for $1.87 in other Federal funds, and
has attracted $1.81 in State and local money, or a total of $4.68 in
all projects as indicated in table II. Section 214 funds have accounted
for an average of 21 percent of total project costs,
TABLE II.—APPROVED 214 PROJECTS AS OF MAR. 31, 1967
Program type
Libraries
Vocational education
Sewage treatment
Hospitals
Other
Number of
projects
35
56
45
33
60
14
21
264
Total cost
$ 9,905,339
34,768,293
62,690,605
21,277,921
52 534 964
4,622,898
15,237,408
201,037,428
Sec. 214
$ 2,657,602
9,484,883
11,665,130
5,567,739
9 625 968
1,083,566
2,975,871
43,060,759
Basic
$ 3,825,106
15,887,911
20,976,807
6,237,506
23,126 660
2,278,757
7,884,932
80,217,679
State and
local
$ 3,422,630
9,395,499
30,048,668
9,472,676
19,782,336
1,260,575
4,376,605
77,758,989
The committee is impressed with the fact that less than a third of
the supplemental grants approved by the Commission have raised the
Federal grant to 80 percent of project costs.
Moreover, within the States, supplemental grant funds have been
a key element in the implementation of State investment plans re-
quired by the Commission. Alabama, for instance, as table III shows,
-------
STATUTES AND LEGISLATIVE HISTORY 2823
has concentrated almost all of its 214 money in the area of higher
education. Maryland has used its funds almost entirely for the ex-
pansion of hospital facilities. The majority of Georgia's 214 funds
have supplemented projects which will eliminate water pollution in
the major river and water storage areas in northern Georgia. Ken-
tucky's plan detailed a 4-year investment schedule using almost all
of its 214 money in the construction of vocational education facilities
in its eastern counties. Twenty-four of these schools have been
funded and some are now nearing completion and nine more are
planned for fiscal year 1968. The decision to concentrate 214 invest-
ment to this extent is extremely significant in a State where the over-
all demand for supplemental funds is probably the greatest in the
region.
[p. 21]
-------
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SUPPLEMENTAL GRANTS, ANTICIPATED THROUGH Hit
unts in thousands]
:ATIONS FOR
[Dollar amc
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education education treatment
unt Percent Amount Percent Amount Percent Amo
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2824
-------
STATUTES AND LEGISLATIVE HISTORY
2825
The total fiscal year 1966 and fiscal year 1967 appropriations of $75
million in section 214 funds was allocated by the Commission on the
basis of a formula which divides 14 percent of the funds equally, 14
percent on the basis of land area, 28 percent on the basis of popula-
tion, and 44 percent on the basis of per capita income weighted
inversely.
The State agencies which program grant-in-aid funds in the six
major program areas noted above estimate that about $500 million
worth of projects could be in the application stage in fiscal year 1968.
On the basis of budget requests from Federal agencies, it is antic-
ipated that only about $334 million worth of projects in these cate-
gories could be funded with fiscal year 1968 allotments (table IV).
These allotments were figured by assuming that the Appalachian por-
tion of each State would receive Federal grant-in-aid from these
funds relative to its population.
TABLE IV.—ESTIMATE OF 214 PROJECTS, FISCAL 1968
Program type
Libraries
Vocational education
Higher education
Sewage treatment
Hospitals
Airports . . ....
Other . . .
Total
Total cost
$ 7,629,883
16,851,132
131,659,748
63,173,363
75,583,758
.... 15,460,000
23,360,270
333,718,154
Basic f
Federal d
$ 4,577,930
8,425,566
43,882,194
18,952,009
41,571,067
7,730,000
9,419,046
134,557,812 . . ,
>ast 214
oercent)
27 3
25.1
188
260
17.7
22.3
21.1
214 funds
$ 2 082,958
4,229,634
24,752,033
16 425,074
13,378,325
3 447,580
4,929,017
69,244,621
The reported bill provides an authorization of $71 million for sup-
plemental grants for fiscal year 1968 and fiscal year 1969.
The reported bill also amends section 214 to permit supplemental
grants for grant-in-aid programs enacted on or before August 1, 1967.
Public Law 566, 83d Congress, dealing with the watersheds of this
Nation, requires that local persons pay the costs of easements and
rights-of-way necessary to carry out the programs operated under
that law. The Appalachian Regional Commission has carried out the
requirement of Public Law 566, and there is nothing contained in
the present legislation to change that basic approach.
[p. 23]
Section 114—Sewage treatment works
This section amends section 212 of the act providing assistance for
sewage treatment works, to authorize $6 million for the 2-fiscal-year
period ending June 30, 1969.
Section 116—Supplements to Federal grant-in-aid programs
This section amends section 214 of the act to authorize $71 million
-------
2826 LEGAL COMPILATION—WATER
for the 2-fiscal-year period ending June 30, 1969. The President is
authorized to provide supplemental grant funds for Federal grant-in-
aid programs assisting in the construction or equipment of facilities
or the acquisition of land, enacted on or before August 1, 1967. The
amendment also adds a new provision designed to eliminate unneces-
sary duplication of requirements for documentation in connection
with the approval of basic and supplemental grants. Where a grant
applicant is required to submit specific documentation to the head of
a Federal department or agency administering a basic grant-in-aid
program, such documentation will be accepted by the Federal Co-
chairman in considering a supplemental grant.
[p. 36]
PART B—SUPPLEMENTATIONS AND MODIFICATIONS OF EXISTING
PROGRAMS
SEWAGE TREATMENT WORKS
SEC. 212. (a) In order to provide facilities to assist in the prevention
of pollution of the region's streams and to protect the health and
[p. 54]
welfare of its citizens, the Secretary of Health, Education, and Wel-
fare is authorized to make grants for the construction of sewage treat-
ment works in accordance with the provisions of the Federal Water
Pollution Control Act (33 U.S.C. 466 et seq.), without regard to any
provisions therein relating to appropriation authorization ceilings or
to allotments among the States. Grants under this section shall be
made solely out of funds specifically appropriated for the purpose of
carrying out this Act, and shall not be taken into account in the
computation of the allotments among the States pursuant to any other
provision of law.
(b) Not to exceed $6,000,000 of the funds authorized in section 401
of this Act for the two-fiscal-year period ending June 30,1969, shall be
available to carry out this section.
SUPPLEMENTS TO FEDERAL GRANT-IN-AID PROGRAMS
SEC. 214. (a) In order to enable the people, States, and local com-
munities of the region, including local development districts, to take
maximum advantage of Federal grant-in-aid programs (as hereinafter
denned) for which they are eligible but for which, because of their
economic situation, they cannot supply the required matching share,
[the Secretary of Commerce is authorized, pursuant to specific rec-
ommendations of the Commission approved by him and after con-
sultation with the appropriate Federal officials, to allocate funds
-------
STATUTES AND LEGISLATIVE HISTORY 2827
appropriated to carry out this section to the heads of the departments,
agencies, and instrumentalities of the Federal Government respon-
sible for the administration of such Federal grant-in-aid programs.
Funds so allocated shall be used for the sole purpose of increasing the
Federal contribution to projects under such programs above the
fixed maximum portion of the cost of such project otherwise au-
thorized by the applicable law. Funds shall be so allocated for Fed-
eral grant-in-aid programs for which funds are available under the
Act authorizing such programs. Such allocations shall be available
without regard to any appropriation authorization ceilings in such
Act.] the President is authorized to provide funds to the Federal Co-
chairman to be used for the sole purpose of increasing the Federal
contribution to projects under Federal grant-in-aid programs, as here-
after defined, above the fixed maximum portion of the cost of such
projects otherwise authorized by the applicable law. Funds shall be
so provided for Federal grant-in-aid programs for which funds are
available under the Acts authorizing such programs and shall be
available without regard to any appropriation authorization ceilings
in such Acts. Any finding, report, certification, or documentation re-
quired to be submitted to the head of the department, agency, or in-
strumentality of the Federal Government responsible for the
administration of any Federal grant-in-aid program shall be accepted
by the Federal Cochairman with respect to a supplemental grant for
any project under such program.
(b) The Federal portion of such costs shall not be increased in
excess of the percentages established by [regulations promulgated by
the Secretary of Commerce, and such regulations] the Commission,
and shall in no event [authorize the Federal portion of such costs to]
exceed 80 percentum thereof.
(c) The term "Federal grant-in-aid programs" as used in this sec-
tion means those Federal grant-in-aid programs authorized by this
Act for the construction or equipment of facilities, and all other Fed-
[p. 55]
eral grant-in-aid programs authorized [on or before the effective date
of this Act] on or before August 1, 1967, by Acts other than this
Act for the acquisition of land or the construction or equipment of
facilities, including but not limited to grant-in-aid programs author-
ized by the following Acts: Federal Water Pollution Control Act;
Watershed Protection and Flood Prevention Act; title VI of the Public
Health Service Act; Vocational Education Act of 1963; Library Ser-
vices Act; Federal Airport Act; part IV of title III of the Communi-
cations Act of 1934; Higher Education Facilities Act of 1963; Land
and Water Conservation Fund Act of 1965; National Defense Educa-
-------
2828 LEGAL COMPILATION—WATER
tion Act of 1958. The term shall not include (A) the program for
the construction of the development highway system authorized by
section 201 of this Act or any other program relating to highway or
road construction, or (B) any other program for which loans or other
Federal financial assistance, except a grant-in-aid program, is author-
ized by this or any other Act.
(d) Not to exceed [$90,000,000] $71,000,000 of the funds author-
ized in section 401 of this Act for the two-fiscal-year period ending
June 30, 1969, shall be available to carry out this section.
[p. 56]
MINORITY VIEWS ON S. 602
WHO HAS THE APPROPRIATION? A NEW VERSION OF THE SHELL GAME
It is understood, according to the report of the Senate Committee
on Public Works (Kept. No. 161, 90th Cong., first sess.), that funds
to be appropriated to the President, under authority of this bill, will
be transferred by him to the Federal cochairman of the Commission,
who in turn will allocate funds to appropriate departments to carry
out the programs authorized by the act and make grants to the
Appalachian Regional Commission for administrative expenses of
local development districts and for research.
Such circuitous routing of appropriated funds is not needed, and it
is highly undesirable. The appropriation of Appalachian program
funds to the President would carry with it personal responsibility of
the President for the proper administration, allocation, and expendi-
ture of such funds. The President of the greatest Nation on earth
does not have time to divert his attention from ever-increasing world
and national problems to personally administer any individual gov-
ernmental program. That is not a President's function. If it is in-
tended that the President act merely as a conduit for the transfer of
appropriated Appalachian program funds to the Federal Cochairman
of the Appalachian Regional Commission, with no guidance, super-
vision, and oversight responsibilities being assumed by the President
in the allocation and expenditure of such funds, then it is subterfuge
to authorize the appropriation of funds to the President in the first
place.
There is no provision in the bill which either requires or authorizes
the President to transfer appropriated Appalachian funds to anyone,
except the authority for the President to provide supplemental grant
funds, under section 214 of the act, to the Federal Cochairman. This
provision, however, applies to only $71 million of the total of $935
million authorized to be appropriated to the President by this bill.
* * * * * * *
If the President can transfer appropriated Appalachian program
-------
STATUTES AND LEGISLATIVE HISTORY 2829
funds to the Federal Cochairman of the Appalachian Regional Com-
mission and thereby relieve himself of personal responsibility for the
proper allocation and expenditure of such funds, as is apparently
intended, it would seem that he could likewise transfer such funds,
in whole or in part, to any number of other possible recipients, in-
cluding the Appalachian Regional Commission or one or more of the
several departments implementing individual programs under the act.
In the event the funds are transferred by the President, where does
[p. 74]
responsibility lie for its proper expenditure? Who is accountable to
the Congress? The Presidential conduit can take directions never
intended by Congress and can insulate from Congressional scrutiny
and oversight actions taken with respect to the funds.
[p. 75]
1.20c(3) COMMITTEE OF CONFERENCE
H.K. REP. No. 706, 90th Cong., 1st Sess. (1967)
APPALACHIAN REGIONAL DEVELOPMENT ACT
AMENDMENTS OF 1967
SEPTEMBER 26,1967.—Ordered to be printed
Mr. FALLON, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany S. 602]
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the House to the bill (S. 602) to revise
and extend the Appalachian Regional Development Act of 1965,
and to amend title V of the Public Works and Economic Develop-
ment Act of 1965, having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses
as follows:
That the Senate recede from its disagreement to the amendment
of the House to the text of the bill and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the House amend-
ment insert the following:
-------
2830 LEGAL COMPILATION—WATER
TITLE 1—APPALACHIAN REGIONAL DEVELOPMENT ACT
AMENDMENTS OF 1967
[p. 1]
Sec. 114. Subsection (b) of section 212 of the Act, entitled "SEWAGE
TREATMENT WORKS," is amended to read as follows:
" (b) Wot to exceed $6,000,000 of the funds authorized in section
401 of this Act for the two-fiscal-year period ending June 30, 1969,
shall be available to carry out this section."
Sec. 116. Section 214 of the Act is amended to read as follows:
"SUPPLEMENTS TO FEDERAL GRANT-IN-AID PROGRAMS
"Sec. 214. (a) In order to enable the people, States, and local com-
munities of the region, including local development districts^ to take
maximum advantage of Federal grant-in-aid programs (as hereinafter
defined) for which they are eligible but for which, because of their
economic situation, they cannot supply the required matching share,
the President
[P. 7]
is authorized to provide funds to the Federal Cochairman to be
used for the sole purpose of increasing the Federal contribution
to projects under Federal grant-in-aid programs, as hereafter de-
fined, above the fixed maximum portion of the cost of such projects
otherwise authorized by the applicable law. Funds shall be so
provided for Federal grant-in-aid programs for which funds are
available under the Acts authorizing such programs and shall be
available without regard to any appropriation authorization ceil-
ings in such Acts. Any finding, report, certification, or docu-
mentation required to be submitted to the head of the department,
agency, or instrumentality of the Federal Government responsible
for the administration of any Federal grant-in-aid program shall be
accepted by the Federal Cochairman with respect to a supplemental
grant for any project under such program.
" (b) The Federal portion of such costs shall not be increased in
excess of the percentages established by the Commission, and shall
in no event exceed 80 per centum thereof.
" (c) The term 'Federal grant-in-aid programs' as used in this sec-
tion means those Federal grant-in-aid programs authorized by this
Act for the construction or equipment of facilities, and all other
Federal grant-in-aid programs authorized on or before December 31,
1967, by Acts other than this Act for the acquisition of land or the
construction or equipment of facilities, including but not limited to
grant-in-aid programs authorized by the following Acts: Federal
Water Pollution Control Act; Watershed Protection and Flood Pre-
-------
STATUTES AND LEGISLATIVE HISTORY
2831
vention Act; title VI of the Public Health Service Act; Vocational
Education Act of 1963; Library Services Act; Federal Airport Act;
part IV of title III of the Communications Act of 1934; Higher Educa-
tion Facilities Act of 1963; Land and Water Conservation Fund Act
of 1965; National Defense Education Act of 1958. The term shall not
include (A) the program for the construction of the development
highway system authorized by section 201 of this Act or any other
program relating to highway or road construction, or (B) any other
program for which loans or other Federal financial assistance, except
a grant-in-aid program, is authorized by this or any other Act.
" (d) Not to exceed $97,000,000 of the funds authorized in section
401 of this Act for the two-fiscal-year period ending June 30, 1969,
shall be available to carry out this section."
[p. 8]
Sec. 214. Supplements to Federal Grant-in-Aid Programs
(1) Under existing law, supplemental grants may be made only
for appropriate grant-in-aid programs enacted prior to March 9, 1965,
the date of the Appalachian Regional Development Act of 1965.
The Senate bill broadened section 214 (a) to permit supplemental
grants for grant-in-aid programs enacted subsequent to that date,
including programs to be enacted in the future. The House amend-
ment permitted supplemental grants only for grant-in-aid programs
enacted on or before August 1, 1967.
The conference substitute permits supplemental grants for grant-
in-aid programs enacted on or before December 31, 1967.
(2) The Senate bill authorized $97 million for the two-fiscal-year
period ending in 1969 to carry out this section. The House amend-
ment reduced this authorization to $71 million.
The conference substitute is the same as the Senate bill in this
regard.
[P. 15]
1.20c(4) CONGRESSIONAL RECORD, VOL. 113 (1967)
1.20c(4)(a) April 26, 27: Debated, amended and passed Senate, p. 10964
Mr. COOPER.
* * * * »
Tenth. Section 212 of the act provides
grants for sewage treatment works.
These funds supplement those provided
the States under the Federal Water Pol-
lution Control Act, and are not allocated
until the States regular allotments have
been made. The committee bill au-
thorizes appropriations of $6 million for
sewage treatment works the next 2 fiscal
years—the same as the authorization for
the first 2 years, all of which was
appropriated.
Eleventh. Perhaps the most effective
and important program under the act,
-------
2832
9527—EPA
LEGAL COMPILATION—WATER
except for the development highway
system, is that providing supplements to
Federal grant-in-aid programs, through
section 214. Under this authority, a
wide variety of existing Federal-State
cooperative programs may be supple-
mented with Appalachian funds, but in
no event to exceed a total of 80 percent
Federal share.
It is this section 214 which has pro-
vided the States and the Commission
with the flexibility to adapt the Appa-
lachian program to the highest priority
needs of each State, to make the most
effective use of the funds appropriated
and to better utilize within the region
the programs previously enacted by the
Congress for the country—but which
time and again we have seen used first
in the more fortunate areas which have
available local matching.
It is this principle, also, which the
committee hopes will be extended to the
other regions, formed under the Eco-
nomic Development Act, and for which
title II of S. 602 authorizes the appropri-
ation of initial funds.
While the act specifies programs such
as those authorized by the Federal
Water Pollution Control, Watershed
Protection and Flood Prevention, Public
Health Service, Vocational Education,
Library Services, Federal Airport, Com-
munications, Higher Education Facili-
ties, Land and Water Conservation, and
National Defense Education Acts, the
supplemental grants are available for
any of the existing grant-in-aid pro-
grams, and the bill includes future
grant-in-aid programs as well.
The committee bill transfers the au-
thority to approve these grants from the
Secretary of Commerce to the Commis-
sion, which will continue to work
through the line agencies responsible
for each program. It was the judgment
of the committee that parallel approvals
and liaison between the operating
agencies and the Department of Com-
merce resulted only in duplication and
delay.
The committee bill authorizes appro-
priations of $97 million for section 214
supplemental grants for the next 2 fis-
cal years, compared to $90 million au-
thorized for the first 2 years, of which
$75 million was appropriated. I am in-
formed by representatives of the Com-
mission that the additional $7 million
is occasioned by the inclusion in the bill
of the State of Mississippi.
[p. 10964]
1.20c(4) (b) Sept. 13, 14: Debated, amended and passed House,
pp. 25286, 25288-25290, 25316-25317, 25578-25579, 25618-25620
[No Relevant Discussion on Pertinent Section]
1.20c(4)(c) Sept. 28: House agrees to conference report, p. 27183
[No Relevant Discussion on Pertinent Section]
1.20c(4)(d) Sept. 29: Senate agrees to conference report,
pp.27327-27328
Mr. COOPER. I shall place in the
RECOBD a statement giving the details
and results of the conference. I should
merely like to say now that we are
grateful for the leadership of the distin-
guished Senator from West Virginia
[Mr. RANDOLPH]. I emphasize that the
results of the conference and the con-
ference report before the Senate are
compatible with the needs of the area,
-------
STATUTES AND LEGISLATIVE HISTORY
2833
and also with the budget situation.
We have been very proud of the prog-
ress of the programs under the Appa-
lachian bill.
I emphasize again that I think the
chief reason for its progress is that the
bill enlists the cooperation of the States
and requires that the program de-
terminations be made by the States
themselves.
It is this fact—this cooperation, and
this initial determination by the States
as to the kind of programs they need—
as well as the opportunity to establish
priorities, which has kept the program
in balance. There has also been a rea-
sonable balance fiscally.
I am happy that some years ago I had
the opportunity to work with the chair-
man, the distinguished Senator from
West Virginia, in the introduction of the
original bill, and again this year in con-
ducting the hearings.
I feel, with him, great pride in the
accomplishments of the Appalachian re-
gional development program.
Mr. President, the aforementioned
statement follows:
STATEMENT OF SENATOH COOPED
*****
One of the most useful programs, as Sen-
ator Randolph has emphasized, has been that
for supplemental grants-in-aid—which per-
mit the Appalachian Regional Development
Commission to supplement in Appalachia the
Federal matching grants available under
other assistance programs, up to a level of
80 percent. The Senate bill had authorized
$97 million, compared to $71 million contained
in the House bill, and the Senate amount was
maintained.
Section 212 provides grants for sewage
treatment works, to supplement those pro-
vided under the Federal Water Pollution Con-
trol Act. It was unchanged by the House; $6
million is authorized for this purpose.
Section 214, as I have mentioned, has proven
especially useful. It provides a means for
securing the concentration of effort on se-
[p. 27327]
lected projects by enabling the Commission
to make supplemental grants-in-aid, up to 80
percent, for projects eligible for assistance
under the other Federal programs. I believe
it has encouraged orderly planning, and the
assignment of priorities. Perhaps most im-
portant, this mechanism helps secure a co-
ordinated State and local effort, assisted by
the cooperation of the various Federal agen-
cies involved. I consider it a mark of the
success of the supplemental grants-in-aid
that the House accepted the Senate amount
of $97 million authorized for Section 214, an
increase of $26 million over the House figure.
[p. 27328]
1.20d 1969 AMENDMENTS TO THE APPALACHIAN
REGIONAL DEVELOPMENT ACT
November 25, 1969, P.L. 91-123, Title I, §107, 83 Stat. 215
SEC. 107. Subsection (c) of section 214 of the Appalachian Regional
Development Act of 1965 (40 App. U.S.C. 214) is amended by striking
out "December 31, 1967" in the first sentence thereof and inserting
in lieu thereof "December 31, 1970", and by adding at the end of such
subsection the following: "For the purpose of this section, any sewage
treatment works constructed pursuant to section 8 (c) of the Federal
Water Pollution Control Act without Federal grant-in-aid assistance
under such section shall be regarded as if constructed with such
assistance."
[p. 215]
-------
2834 LEGAL COMPILATION—WATER
1.20d(l) HOUSE COMMITTEE ON PUBLIC WORKS
H.R. EEP. No. 91-336, 91st Cong., 1st Sess. (1969)
APPALACHIAN AND REGIONAL ACTION PLANNING
COMMISSIONS
JUNE 30, 1969.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. FALLON, from the Committee on Public Works,
submitted the following
REPORT
together with
SUPPLEMENTAL VIEWS
[To accompany H.R. 4018]
The Committee on Public Works, to whom was referred the bill
(H.R. 4018) to provide for the renewal and extension of certain sec-
tions of the Appalachian Regional Development Act of 1965, having
considered the same, report favorably thereon with amendments and
recommend that the bill as amended do pass.
The amendments are as follows:
Strike out all after the enacting clause and insert the following:
[p. 1]
SEC. 205. Subsection (c) of section 214 of the Appalachian Regional Development
Act of 1965 (40 App. U.S.C. 214) is amended by striking out "December 31, 1967"
in the first sentence thereof and inserting in lieu thereof "December 31, 1970".
[p. 3]
-------
STATUTES AND LEGISLATIVE HISTORY 2835
1.20d(2) SENATE COMMITTEE ON PUBLIC WORKS
S. REP. No. 91-291, 91st Cong., 1st Sess. (1969)
REGIONAL ECONOMIC DEVELOPMENT LEGISLATION
EXTENSION AND REVISION OF THE APPALACHIAN RE-
GIONAL DEVELOPMENT ACT OF 1965, AS AMENDED, AND
TITLES I, III, IV, AND V OF THE PUBLIC WORKS AND
ECONOMIC DEVELOPMENT ACT OF 1965, AS AMENDED
JULY 3, 1969.—Ordered to be printed
Filed under authority of the order of the Senate of July 2, 1969
MR. RANDOLPH, from the Committee on Public Works,
submitted the following
REPORT
[To accompany S. 1072]
The Committee on Public Works, to whom was referred the bill,
S. 1072, to revise and extend the Appalachian Regional Development
Act of 1965, as amended, and Title V of the Public Works and
Economic Development Act of 1965, as amended, having considered
the same, reports favorably thereon with amendments and recom-
mends that the bill as amended do pass.
The amendments are shown in italic type in the reported bill.
[p. 1]
SEC. 108. SUPPLEMENTS TO FEDERAL GRANT-IN-AID PROGRAMS
The supplemental grant program enables the Appalachian States
to exercise judgment and control over many Federal-aid programs
for construction of public facilities. Through this program, the Appa-
lachian Governors have been able to set priorities among various
Federal programs so that "areas with potential for growth have
received funds when and where they are most needed and most
suitable to foster development. Section 214 of the Appalachian Act
has added a new dimension of flexibility and overall planning to the
Federal grant-in-aid system.
Under the provisions of section 214 of the act, grants may increase
the authorized Federal share under existing grant-in-aid programs to
-------
2836 LEGAL COMPILATION—WATER
a maximum of 80 percent. Federal participation varies from 30 to
66 percent depending on the basic statutory formula. The amount of
supplement is determined by ability to match the Federal share.
Experience has shown that the full 80 percent supplement has been
used in only a few instances.
In the first three full fiscal years of program operation, the Com-
mission has approved over 700 projects, using approximately $107
million of supplemental funds representing more than $430 million
worth of public facilities as follows:
[p. 11]
TABLE IV
214 funds
Number Type (millions)
172 Health facilities $27.3
156 Vocational education schools 23.6
127 Higher education facilities 27.2
101 Sewage treatment 13.2
62 Libraries 4.8
36 Airports 3.4
54 Other facilities, including recreation, land conservation, school equipment, edu-
cation television, and small watersheds 7.3
Section 214 funds have been concentrated in the areas of health
and education. Vocational schools, colleges, hospitals, and sewage
treatment projects receive more than 80 percent of the funds.
Section 214 has provided "seed money," not only in relation to
other Federal funds, but in the attraction of State funds as well.
More and more State legislatures in the region are being asked to
provide larger State funds to help match Federal grant-in-aid pro-
grams. On the basis of grants approved as of June 30, 1968, every
dollar of section 214 money has been used in combination with $1.87
in other Federal funds and $2.66 in State and local money.
Section 108 would amend section 214 of the act to include programs
enacted into law prior to December 31, 1970, as eligible for supple-
mental funding. In addition, S. 1072 would authorize the use of sup-
plemental grants for projects which are prefinanced by State and local
governments under section 8 (c) of the Federal Water Pollution Con-
trol Act. This change in the law would permit more rapid construc-
tion of pollution control projects in the region than has been possible
under section 212 of the Appalachian Act in the past two fiscal years.
Section 111 of S. 1072, as reported, would authorize $90 million
for the 2-fiscal-year period ending June 30, 1971, to carry out the
purposes of this section.
[p. 12]
-------
STATUTES AND LEGISLATIVE HISTORY 2837
1.20d(3) COMMITTEE OF CONFERENCE
H.R. EEP. No. 91-614, 91st Cong., 1st Sess. (1969)
APPALACHIAN AND REGIONAL ACTION PLANNING
COMMISSIONS
NOVEMBER 12, 1969.—Ordered to be printed
MR. JONES of Alabama, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany S. 1072]
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the House to the bill (S. 1072) to au-
thorize funds to carry out the purposes of the Appalachian Regional
Development Act of 1965, as amended, and titles I, III, IV, and V
of the Public Works and Economic Development Act of 1965, as
amended, having met, after full and free conference, have agreed to
recommend and do recommend to their respective Houses as follows:
That the Senate recede from its disagreement to the amendment
of the House to the text of the bill and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the House amend-
ment insert the following:
*******
[p. 1]
SEWAGE TREATMENT WORKS (SIC)
Section 108 of the Senate bill amends section 214 (c) of the Appa-
lachian Act to extend the definition of Federal grant-in-aid programs
to those authorized on or before December 31, 1970.
Section 205 of the House amendment is identical and, therefore,
section 107 of the conference substitute contains this provision.
Section 108 of the Senate bill also amends section 214 (c) of the
Appalachian Act to provide that for the purposes of 'that section which
deals with supplements to Federal grant-in-aid programs any sewage
treatment works constructed pursuant to section 8 (c) of the Federal
Water Pollution Control Act without Federal grant-in-aid assistance
-------
2838 LEGAL COMPILATION—WATER
under that section shall be regarded as if constructed with such
assistance.
The House amendment contained no comparable provision.
The proposed conference substitute in section 107 is the same as
the Senate bill in this regard.
[p. HI
1.20d(4) CONGRESSIONAL RECORD, VOL. 115 (1969)
1.20d(4)(a) July 8: Passed Senate, p. 18556
[No Relevant Discussion on Pertinent Section]
1.20d(4)(b) July 15: Amended and passed House, p. 19607
[No Relevant Discussion on Pertinent Section]
1.20d(4)(c) Nov. 5: Senate agrees to conference report, p. 33031
[No Relevant Discussion on Pertinent Section]
1.20d(4)(d) Nov. 19: House agrees to conference report, p. 34890
[No Relevant Discussion on Pertinent Section]
1.20e AIRPORT AND AIRWAY DEVELOPMENT AND
REVENUE ACT OF 1970
May 21,1970, P.L. 91-258, Title I, §52(b)(5), 84 Stat. 235
(5) Section 214 (c) of the Appalachian Regional Development
Act of 1965 (40 App. U.S.C. 214 (c))21i is amended by inserting "Air-
port and Airway Development Act of 1970;" immediately after
"Federal Airport Act;".
*******
[p. 235]
-------
STATUTES AND LEGISLATIVE HISTORY 2839
1.20e(l) HOUSE COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE
H.R. REP. No. 91-601, 91st Cong., 1st Sess. (1969)
AVIATION FACILITIES EXPANSION AND
IMPROVEMENT
OCTOBER 27,1969.—Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. STAGGERS, from the Committee on Interstate and Foreign
Commerce, submitted the following
REPORT
together with
SEPARATE VIEWS
[To accompany H.R. 14465]
The Committee on Interstate and Foreign Commerce, to whom was
referred the bill (H.R. 14465) to provide for the expansion and im-
provement of the Nation's airport and airway system, for the imposi-
tion of airport and airway user charges, and for other purposes,
having considered the same, report favorably thereon without amend-
ment and recommend that the bill do pass.
As set forth in more detail later in this report, the revenue provi-
sions of the legislation were considered by the Committee on Ways
and Means. That committee has recommended the provisions con-
tained in title II of the reported bill and furnished the description
of those provisions for inclusion in this report.
[p. 1]
-------
2840 LEGAL COMPILATION—WATER
1.20e(2) SENATE COMMITTEE ON COMMERCE
S. REP. No. 91-565, 91st Cong., 1st Sess. (1969)
AIRPORT AND AIRWAYS DEVELOPMENT ACT OF 1969
DECEMBER 5,1969.—Ordered to be printed
Mr. MAGNUSON, from the Committee on Commerce,
submitted the following
REPORT
[To accompany S. 3108]
The Committee on Commerce to which was referred the bill (S.
3108) to provide additional Federal assistance in connection with the
construction, alteration, or improvement of the airway system, air
carrier and general purpose airports, airport terminals, and related
facilities, and for other purposes, having considered the same, reports
favorably thereon with an amendment and recommends that the bill
as amended do pass.
[P-1]
1.20e(3) SENATE FINANCE COMMITTEE
S. REP. No. 91-706, 91st Cong., 2d Sess. (1970)
AIRPORT AND AIRWAY REVENUE ACT OF 1970
FEBRUARY 17, 1970.—Ordered to be printed
Mr. LONG, from the Committee on Finance,
submitted the following
REPORT
[To accompany H.R. 14465]
The Committee on Finance, to which was referred the bill (H.R.
14465) to provide for the expansion and improvement of the Nation's
-------
STATUTES AND LEGISLATIVE HISTORY 2841
airport and airway system, for the imposition of airport and airway
user charges, and for other purposes, having considered the same,
reports favorably thereon with amendments and recommends that the
bill as amended do pass.
[p. 1]
1.20e(4) COMMITTEE OF CONFERENCE
H.R. REP. No. 91-1074, 91st Cong., 2d Sess. (1970)
AIRPORT AND AIRWAY DEVELOPMENT AND REVENUE
ACTS OF 1970
MAY 12, 1970.—Ordered to be printed
Mr. STAGGERS, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 14465]
The committee of conference on the disagreeing votes of the two
Houses on the amendments of the Senate to the bill (H.R. 14465)
to provide for the expansion and improvement of the Nation's airport
and airway system, for the imposition of airport and airway user
charges, and for other purposes, having met, after full and free con-
ference, have agreed to recommend and do recommend to their
respective Houses as follows:
*******
[p. l]
1.20e(5) CONGRESSIONAL RECORD
1.20e(5)(a) Vol. 115 (1969), Nov. 6: Passed House, p. 33312
[No Relevant Discussion on Pertinent Section]
1.20e(5)(b) Vol. 116 (1970), Feb. 26: Amended and passed Senate,
p. 5083
[No Relevant Discussion on Pertinent Section]
-------
2842 LEGAL COMPILATION—WATER
1.20e(5)(c) Vol. 116 (1970), May 12: Senate agrees to conference
report, p. 15136
[No Relevant Discussion on Pertinent Section]
1.20e(5)(d) Vol. 116 (1970), May 13: House agrees to conference
report, p. 15297
[No Relevant Discussion on Pertinent Section]
1.20f APPALACHIAN REGIONAL DEVELOPMENT ACT
AMENDMENTS OF 1971
August 5,1971, P.L. 92-65, Title n, §210, 85 Stat. 171
Sec. 210. (a) Section 214 (a) of the Appalachian Regional Devel-
opment Act of 1965 (40 App. U.S.C. 217)74 is amended to read as
follows:
" (a) In order to enable the people, States, and local communities
of the region, including local development districts, to take maxi-
mum advantage of Federal grant-in-aid programs (as hereinafter de-
nned) for which they are eligible but for which, because of their
economic situation, they cannot supply the required matching share,
or for which there are insufficient funds available under the Federal
grant-in-aid Act authorizing such programs to meet pressing needs
of the region, the President is authorized to provide funds to the
Federal Cochairman to be used for all or any portion of the basic
Federal contribution to projects under such Federal grant-in-aid
programs authorized by Federal grant-in-aid Acts, and for the pur-
pose of increasing the Federal contribution to projects under such
programs, as hereafter defined, above the fixed maximum portion of
the cost of such projects otherwise authorized by the applicable law.
In the case of any program or project for which all or any portion of
the basic Federal contribution to the project under a Federal grant-
in-aid program is proposed to be made under this subsection, no such
Federal contribution shall be made until the responsible Federal of-
ficial administering the Federal grant-in-aid Act authorizing such
contribution certifies that such program or project meets the ap-
plicable requirements of such Federal grant-in-aid Act and could be
[p. "1]
approved for Federal contribution under such Act if funds were
available under such Act for such program or project. Funds may
be provided for programs and projects in a State under this subsec-
tion only if the Commission determines that the level of Federal and
-------
STATUTES AND LEGISLATIVE HISTORY 2843
State financial assistance under Acts other than this Act, for the
same type of programs or projects in that portion of the State within
the region, will not be diminished in order to substitute funds au-
thorized by this subsection. Funds provided pursuant to this Act
shall be available without regard to any limitations on areas eligible
for assistance or authorizations for appropriation in any other Act.
Any findings, report, certification, or documentation required to be
submitted to the head of the department, agency, or instrumentality
of the Federal Government responsible for the administration of any
Federal grant-in-aid program shall be accepted by the Federal Co-
chairman with respect to a supplemental grant for any project under
such program."
(b) The first sentence of subsection (c) of such section75 is
amended by striking out "December 31, 1970" and inserting in lieu
thereof "December 31, 1974."
[p. 172]
1.20f(l) SENATE COMMITTEE ON PUBLIC WORKS
S. REP. No. 92-273, 92d Cong., 1st Sess. (1971)
THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT
AND APPALACHIAN REGIONAL DEVELOPMENT ACT
EXTENSIONS
JULY 20 (legislative day, JULY 19), 1971.—Ordered to be printed
Mr. RANDOLPH, from the Committee on Public Works,
submitted the following
REPORT
[To accompany S. 2317]
The Committee on Public Works, to which was referred the bill (S.
2317) to amend the Public Works and Economic Development Act
of 1965, and the Appalachian Regional Development Act of 1965, hav-
ing considered the same, reports favorably thereon without amend-
ment and recommends that the bill do pass.
[P- 1]
-------
2844 LEGAL COMPILATION—WATEU
1.20f(2) HOUSE COMMITTEE ON PUBLIC WORKS
H.R. REP. 92-372, 92d Cong., 1st Sess. (1971)
PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT
AND APPALACHIAN REGIONAL DEVELOPMENT ACT
EXTENSIONS
JTTLY 21,1971.—Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. BLATNIK, from the Committee on Public Works,
submitted the following
REPORT
[To accompany H.R. 9922]
The Committee on Public Works, to whom was referred the bill
(H.R. 9922) to extend the Public Works and Economic Development
Act of 1965 and the Appalachian Regional Development Act of 1965,
having considered the same, report favorably thereon with an amend-
ment and recommend that the bill as amended do pass.
*******
[p. 1]
SUPPLEMENTAL GRANTS
Section 210 amends section 214 of the Appalachian Act which au-
thorizes supplements to grant-in-aid programs, to permit the use of
this authority to make basic grants when funds available under a
basic Federal grant-in-aid program are insufficient for that purpose.
As a prerequisite to providing such assistance, the Federal official ad-
ministering the grant-in-aid program concerned must certify that the
program or project to be funded meets the applicable requirements of
the program and could be approved for assistance if funds were avail-
able. Before approving such assistance, the Commission must find
that the level of Federal and State assistance to the Appalachian
region under other acts will not be diminished by the substitution of
funds authorized by this subsection. The ceiling on the total Federal
contribution to a project remains at 80 percent.
It also amends the provisions of section 214 (c) of the Appalachian
Act which provides that only grant-in-aid programs authorized on or
-------
STATUTES AND LEGISLATIVE HISTORY 2845
before December 31, 1970, may be supplemented to change that date
to December 31, 1974.
[P- 8]
SUPPLEMENTS TO FEDERAL GRANT-IN-AID PROGRAMS
SEC. 214. (a) In order to enable the people, States, and local com-
munities of the region, including local development districts, to take
maximum advantage of Federal grant-in-aid programs (as hereinafter
[p. 21]
defined) for which they are eligible but for which, because of their
economic situation, they cannot supply the required matching share,
or for which there are insufficient funds available under the Federal
grant-in-aid Act authorizing such programs to meet pressing needs of
the region, the President is authorized to provide funds to the Federal
Cochairman to be used for [the sole] all or any portion of the basic
Federal contribution to projects under such Federal grant-in-aid pro-
grams authorized by Federal grant-in-aid Acts, and for the purpose
of increasing the Federal contribution to projects under [Federal
grant-in-aid] such programs, as hereafter defined, above the fixed
maximum portion of the cost of such projects otherwise authorized
by the applicable law. [Funds shall be so provided for Federal grant-
in-aid programs for which funds are available under the Acts au-
thorizing such programs and shall be available without regard to any
appropriation authorization ceilings in such Acts.] In the case of any
program or project for which all or any portion of the basic Federal
contribution to the project under a Federal grant-in-aid program is
proposed to be made under this subsection, no such Federal contribu-
tion shall be made until the responsible Federal official administering
the Federal grant-in-aid Act authorizing such contribution certifies
that such program or project meets the applicable requirements of
such Federal grant-in-aid Act and could be approved for Federal con-
tribution under such Act if funds were available under such Act for
such program or project. Funds may be provided for programs and
projects in a State under this subsection only if the Commission deter-
mines that the level of Federal and State financial assistance under
Acts other than this Act, for the same type of programs or projects in
that portion of the State within the region, will not be diminished
in order to substitute funds authorized by this subsection. Funds
provided pursuant to this Act shall be available without regard to any
limitations on areas eligible for assistance or authorizations for ap-
propriation in any other Act. Any [finding] findings, report, certifica-
tion, or documentation required to be submitted to the head of the
department, agency, or instrumentality of the Federal Government
responsible for the administration of any Federal grant-in-aid pro-
-------
2846 LEGAL COMPILATION—WATER
gram shall be accepted by the Federal Cochairman with respect to a
supplemental grant for any project under such program.
(b) The Federal portion of such costs shall not be increased in
excess of the percentages established by the Commission, and shall in
no event exceed 80 per centum thereof.
(c) The term "Federal grant-in-aid programs" as used in this sec-
tion means those Federal grant-in-aid programs authorized by this
Act for the construction or equipment of facilities, and all other
Federal grant-in-aid programs authorized on or before December 31,
[1970] 1974, by Acts other than this Act for the acquisition of land or
the construction or equipment of facilities, including but not limited
to grant-in-aid programs authorized by the following Acts: Federal
Water Pollution Control Act; Watershed Protection and Flood Pre-
vention Act; title VI of the Public Health Service Act; Vocational
Education Act of 1963; Library Services Act; Federal Airport Act;
Airport and Airway Development Act of 1970; part IV of title III of
the Communications Act of 1934; Higher Education Facilities Act of
1963; Land and Water Conservation Fund Act of 1965; National
Defense Education Act of 1958. The term shall not include (A) the
[p. 22]
program for the construction of the development highway system
authorized by section 201 of this Act or any other program relating
to highway or road construction, or (B) any other program for which
loans or other Federal financial assistance, except a grant-in-aid pro-
gram, is authorized by this or any other Act. For the purpose of this
section, any sewage treatment works constructed pursuant to section
8(c) of the Federal Water Pollution Control Act without Federal
grant-in-aid assistance under such section shall be regarded as if
constructed with such assistance.
[p. 23]
1.20f(3) CONGRESSIONAL RECORD, VOL. 117 (1971)
1.20f(3)(a) July 21: Passed Senate, p. S11769
[No Relevant Discussion on Pertinent Section]
1.20f(3)(b) July 28: Passed House, p. H7328
[No Relevant Discussion on Pertinent Section]
1.20f(3)(c) July 30: Senate agrees to House amendments, p. S12558
[No Relevant Discussion on Pertinent Section]
-------
STATUTES AND LEGISLATIVE HISTORY 2847
1.21 THE DISASTER RELIEF ACT
40 U.S.C. §4401, et seq. (1970)
(See, "General 1.8a-1.8a (4) (f)" for legislative history.)
SUBCHAPTER I.—GENERALLY
Sec.
4401. Congressional findings and declarations.
4402. Definitions.
SUBCHAPTER II.—ADMINISTRATION OF DISASTER ASSISTANCE
4411. Federal coordinating officer; appointment; functions.
4412. Emergency support teams; detail of personnel of Federal department
or agency.
4413. Cooperation of Federal agencies in rendering emergency assistance.
(a) Scope of services.
(b) Other Federal assistance not precluded.
(c) Reimbursement.
(d) Liability of Federal government.
(e) Employment of temporary personnel; incurring of obligations.
(f) Presidential powers; rules and regulations.
(g) Presidential review of programs.
(h) Reports to Congress.
4414. Use of local firms and individuals.
4415. Federal grant-in-aid programs.
4416. State disaster plans.
(a) Contents.
(b) Grants for development; limits.
(c) Designation of State agency.
(d) Reports to President and Congress.
(e) Grants for maintenance; limits.
4417. Use and coordination of relief organizations.
4418. Duplication of benefits.
4419. Nondiscrimination in disaster assistance.
4420. Disaster warnings.
4431. Predisaster assistance.
4432. Emergency communications.
4433. Emergency transportation.
4434. Removal of debris; grants to State; indemnity of Federal Government
from liability.
4435. Fire suppression.
4436. Temporary housing assistance.
(a) Regulations for rent and sale; sites for mobile and prefabri-
cated homes.
(b) Temporary mortgage or rent payments; reemployment assist-
ance.
4451. Small business disaster loans.
4452. Emergency farm loans.
4453. Disaster loan interest rates.
4454. Age of applicant for loans.
4455. Rescheduling and refinancing of federal loans.
4456. Aid to major sources of employment.
4457. Food stamp and surplus commodities program.
(a) Persons eligible; terms and conditions.
(b) Duration of assistance; factors considered.
(c) Food stamp provisions unaffected.
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2848 LEGAL COMPILATION—WATER
Sec.
4458. Legal services.
4459. Unemployment assistance; limitation of amount and duration to pay-
ments under State unemployment compensation; reduction of pay-
ments.
4460. Community disaster grants to local governments; limits; computation
of loss.
4461. Timber sale contracts.
(a) Cost-sharing arrangement.
(b) Cancellation of authority.
(c) Public notice of sale.
(d) State grants for removal of damaged timber; reimbursement
of expenses limited to salvage value of removed timber.
4462. Standards for residential structure restoration.
4481 Repair and restoration of damaged United States facilities; availabil-
ity of funds.
4482. Restoration of State and local public facilities.
(a) Eligible costs.
(b) Public facilities under completion at the time of disaster.
(c) Definition.
4483. Priority to applications for public facility and public housing assistance
in major disaster areas.
4484. Relocation assistance.
SUBCHAFTER I.—GENERALLY
§ 4401. Congressional findings and declarations
(a) The Congress hereby finds and declares that—
(1) because loss of life, human suffering, loss of income,
and property loss and damage result from major disasters
such as hurricanes, tornadoes, storms, floods, high waters,
and wind-driven waters, tidal waves, earthquakes, droughts,
fires, and other catastrophes; and
(2) because such disasters disrupt the normal functioning
of government and the community, and adversely affect indi-
vidual persons and families with great severity;
special measures, designed to assist the efforts of the affected
States in expediting the rendering of aid, assistance, and emer-
gency welfare services; and the reconstruction and rehabilitation
of devastated areas, are necessary.
(b) It is the intent of the Congress, by this chapter, to provide
an orderly and continuing means of assistance by the Federal
Government to State and local governments in carrying out their
responsibilities to alleviate the suffering and damage which result
from such disasters by—
(1) revising and broadening the scope of existing major
disaster relief programs;
(2) encouraging the development of comprehensive disas-
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STATUTES AND LEGISLATIVE HISTORY 2849
ter relief plans, programs, and organizations by the States;
and
(3) achieving greater coordination and responsiveness of
Federal major disaster relief programs.
Pub.L. 91-606, Title I, § 101, Dec. 31, 1970, 84 Stat. 1744.
§ 4402. Definitions
As used in this chapter—
(1) "major disaster" means any hurricane, tornado, storm,
flood, high water, wind-driven water, tidal wave, earthquake,
drought, fire, or other catastrophe in any part of the United
States, which, in the determination of the President, is or
threatens to be of sufficient severity and magnitude to war-
rant disaster assistance by the Federal Government to supple-
ment the efforts and available resources of States, local gov-
ernments, and relief organizations in alleviating the damage,
loss, hardship, or suffering caused thereby, and with respect
to which the Governor of any State in which such catastrophe
occurs or threatens to occur certifies the need for Federal
disaster assistance under this chapter and gives assurance of
the expenditure of a reasonable amount of the funds of such
State, its local governments, or other agencies for alleviating
the damage, loss, hardship or suffering resulting from such
catastrophe;
(2) "United States" means the fifty States, the District of
Columbia, Puerto Rico, the Virgin Islands, Guam, American
Samoa, and the Trust Territory of the Pacific Islands;
(3) "State" means any State of the United States, the
District of Columbia, Puerto Rico, the Virgin Islands, Guam,
American Samoa, or the Trust Territory of the Pacific Is-
lands ;
(4) "Governor" means the chief executive of any State;
(5) "local government" means any county, city, village,
town, district, or other political subdivision of any State, and
includes any rural community or unincorporated town or vil-
lage for which an application for assistance is made by a
State or political subdivision thereof;
(6) "Federal agency" means any department, independent
establishment, Government corporation, or other agency of
the executive branch of the Federal Government, except the
American National Red Cross; and
(7) "Director" means the Director of the Office of Emer-
gency Preparedness.
Pub.L. 91-606, Title I, § 102, Dec. 31,1970, 84 Stat. 1745.
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2850 LEGAL COMPILATION—WATER
SUBCHAPTER II.—ADMINISTRATION OF DISASTER ASSISTANCE
§ 4411. Federal coordinating officer; appointment; functions
(a) Immediately upon his designation of a major disaster area,
the President shall appoint a Federal coordinating officer to oper-
ate under the Office of Emergency Preparedness in such area.
(b) In order to effectuate the purposes of this chapter, the
coordinating officer, within the designated area, shall
(1) make an initial appraisal of the types of relief most
urgently needed;
(2) establish such field offices as he deems necessary and as
are authorized by the Director;
(3) coordinate the administration of relief, including activ-
ities of the American National Red Cross, the Salvation
Army, the Mennonite Disaster Service, and other relief or
disaster assistance organizations which agree to operate
under his advice or direction, except that nothing contained
in this chapter shall limit or in any way affect the responsibil-
ities of the American National Red Cross under chapter 1 of
Title 36; and
(4) take such other action, consistent with authority dele-
gated to him by the Director, and consistent with the provi-
sions of this chapter, as he may deem necesary to assist local
citizens and public officials in promptly obtaining assistance
to which they are entitled.
Pub.L. 91-606, Title II, § 201, Dec. 31, 1970, 84 Stat. 1746.
§ 4412. Emergency support teams; detail of personnel of Fed-
eral department or agency
The Director is authorized to form emergency support teams of
Federal personnel to be deployed in a major disaster area. Such
emergency support teams shall assist the Federal coordinating
officer in carrying out his responsibilities pursuant to section
4411 (b) of this title. Upon request of the Director, the head of
any Federal department or agency is authorized to detail to tem-
porary duty with the emergency support teams on either a reim-
bursable or nonreimbursable basis, as is determined necessary by
the discretion of the Director, such personnel within the adminis-
trative jurisdiction of the head of the Federal department or
agency as the Director may need or believe to be useful for carry-
ing out the functions of the emergency support teams, each such
detail to be without loss of seniority, pay, or other employee sta-
tus.
Pub.L. 91-606, Title II, § 202, Dec. 31,1970, 84 Stat. 1746.
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STATUTES AND LEGISLATIVE HISTORY 2851
§ 4413. Cooperation of Federal agencies in rendering emergency
assistance—Scope of services
(a) In any major disaster, Federal agencies are hereby author-
ized, on direction of the President, to provide assistance by—
(1) utilizing or lending, with or without compensation
therefor, to States and local governments, their equipment,
supplies, facilities, personnel, and other resources, other than
the extension of credit under the authority of any Act;
(2) distributing or rendering, through the American Na-
tional Red Cross, the Salvation Army, the Mennonite Disaster
Service, and other relief and disaster assistance organiza-
tions, or otherwise, medicine, food, and other consumable sup-
plies, or emergency assistance;
(3) donating or lending equipment and supplies determined
in accordance with applicable laws to be surplus to the needs
and responsibilities of the Federal Government to State and
local governments for use or distribution by them for the
purposes of this chapter; and
(4) performing on public or private lands or waters any
emergency work essential for the protection and preservation
of life and property, including—
(A) clearing and removing debris and wreckage in
accordance with section 4434 of this title;
(B) making repairs to, restoring to service, or replac-
ing public facilities (including street, road, and highway
facilities) of State and local governments damaged or
destroyed by a major disaster, except that the Federal
contributions therefor shall not exceed the net cost of
restoring each such facility on the basis of the design of
such facility as it existed immediately prior to the disas-
ter in conformity with current codes, specifications, and
standards;
(C) providing emergency shelter for individuals and
families who, as a result of a major disaster, require
such assistance; and
(D) making contributions to State or local govern-
ments for the purpose of carrying out the provisions of
paragraph (4).
Other Federal assistance not precluded
(b) Emergency work performed under subsection (a) (4) of
this section shall not preclude Federal assistance under any other
section of this chapter.
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2852 LEGAL COMPILATION—WATER
Reimbursement
(c) Federal agencies may be reimbursed for expenditures under
this chapter from funds appropriated for the purposes of this
chapter. Any funds received by Federal agencies as reimburse-
ment for services or supplies furnished under the authority of this
section shall be deposited to the credit of the appropriation or
appropriations currently available for such services or supplies.
Liability of Federal government
(d) The Federal Government shall not be liable for any claim
based upon the exercise or performance or the failure to exercise
or perform a discretionary function or duty on the part of a
Federal agency or an employee of the Federal Government in
carrying out the provisions of this section.
Employment of temporary personnel; incurring of obligations
(e) In carrying out the purposes of this chapter, any Federal
agency is authorized to accept and utilize the services or facilities
of any State or local government, or of any agency, office, or
employee thereof, with the consent of such government. Any Fed-
eral agency, in performing any activities under this section, is
authorized to appoint and fix the compensation of such temporary
personnel as may be necessary, without regard to the provisions of
Title 5 governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and subchapter
IIIl of such title relating to classification and General Schedule
pay rates, to employ experts and consultants in accordance with
the provisions of section 3109 of such title, and to incur obliga-
tions on behalf of the United States by contract or otherwise for
the acquisition, rental, or hire of equipment, services, materials,
and supplies for shipping, drayage, travel, and communication,
and for the supervision and administration of such activities. Such
obligations, including obligations arising out of the temporary
employment of additional personnel, may be incurred by an
agency in such amount as may be made available to it by the
President.
Presidential powers; rules and regulations
(f) In the interest of providing maximum mobilization of Fed-
eral assistance under this chapter, the President is authorized to
coordinate in such manner as he may determine the activities of
Federal agencies in providing disaster assistance. The President
1 So in original. Probably should be "subchapter III of chapter 53 of such
title".
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STATUTES AND LEGISLATIVE HISTORY 2853
may direct any Federal agency, with or without reimbursement, to
utilize its available personnel, equipment, supplies, facilities, and
other resources in accordance with the authority, herein con-
tained. The President may prescribe such rules and regulations as
may be necessary and proper to carry out any of the provisions of
this chapter, and he may exercise any power or authority con-
ferred on him by any section of this chapter either directly or
through such Federal agency as he may designate.
Presidential review of programs
(g) The President, acting through the Office of Emergency Pre-
paredness, shall conduct periodic reviews (at least annually) of
the activities of Federal and State departments or agencies pro-
viding disaster assistance, in order to assure maximum coordina-
tion of such programs, and to evaluate progress being made in the
development of Federal, State, and local preparedness to cope with
major disasters.
Reports to Congress
(h) The Director of the Office of Emergency Preparedness is
authorized and directed to make in cooperation with the heads of
other affected Federal and State agencies, a full and complete
investigation and study for the purpose of determining what addi-
tional or improved plans, procedures, and facilities are necessary
to provide immediately effective action to prevent or minimize
losses of publicly or privately owned property and personal inju-
ries or deaths which could result from fires (forest and grass),
earthquakes, tornadoes, freezes and frosts, tsunami, storm surges
and tides, and floods, which are or threaten to become major
disasters. Not later than one year after December 31, 1970, and
from time to time, the Director of the Office of Emergency Pre-
paredness shall report to Congress the findings of this study and
investigation together with his recommendations with respect
thereto.
Pub.L. 91-606, Title II, § 203, Dec. 31,1970, 84 Stat. 1747.
§ 4414. Use of local firms and individuals
In the expenditure of Federal funds for debris clearance, distri-
bution of supplies, reconstruction, and other major disaster assist-
ance activities which may be carried out by contract with private
organizations, firms, or individuals, preference shall be given, to
the extent feasible and practicable, to those organizations, firms,
and individuals who reside or do business primarily in the disaster
area.
Pub.L. 91-606, Title II, § 204, Dec. 31,1970, 84 Stat. 1748.
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2854 LEGAL COMPILATION—WATER
§ 4415. Federal grant-in-aid programs
Any Federal agency charged with the administration of a Fed-
eral grant-in-aid program is authorized, if so requested by the
applicant State or local authorities, to modify or waive, for the
duration of a major disaster proclamation, such administrative
procedural conditions for assistance as would otherwise prevent
the giving of assistance under such programs if the inability to
meet such conditions is a result of the disaster.
Pub.L. 91-606, Title II, § 205, Dec. 31,1970, 84 Stat. 1748.
§ 4416. State disaster plans—Contents
(a) The President is authorized to provide assistance to the
States in developing comprehensive plans and practicable pro-
grams for preparation against major disasters, and for relief and
assistance for individuals, businesses, and local governments fol-
lowing such disasters. Such plans should include long-range recov-
ery and reconstruction, assistance plans for seriously damaged or
destroyed public and private facilities.
Grants for development; limits
(b) The President is authorized to make grants of not more
than $250,000 to any State, upon application therefor, for not to
exceed 50 per centum of the cost of developing such plans and
programs.
Designation of State agency
(c) Any State desiring assistance under this section shall desig-
nate or create an agency which is specially qualified to plan and
administer such a disaster relief program, and shall, through such
agency, submit a State plan to the President, which shall—
(1) set forth a comprehensive and detailed State program
for preparation against, and relief following, a major disas-
ter, including provisions for emergency and long-term assist-
ance to individuals, businesses, and local governments; and
(2) include provision for the appointment of a State coor-
dinating officer to act in cooperation with the Federal coordi-
nating officer appointed under section 4411 of this title.
Reports to President and Congress
(d) From time to time the Director shall make a report to the
President, for submission to the Congress, containing his recom-
mendations for programs for the Federal role in the implementa-
tion and funding of comprehensive disaster relief plans, and such
other recommendations relating to the Federal role in disaster
relief activities as he deems warranted.
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STATUTES AND LEGISLATIVE HISTORY 2855
Grants for maintenance; limits
(e) The President is authorized to make grants not to exceed 50
per centum of the cost of improving, maintaining, and updating
State disaster assistance plans, except that no such grant shall
exceed $25,000 per annum to any State.
Pub.L. 91-606, Title II, § 206, Dec. 31, 1970, 84 Stat. 1749.
§ 4417. Use and coordination of relief organizations
(a) In providing relief and assistance following a major disas-
ter, the Director may utilize, with their consent, the personnel and
facilities of the American National Red Cross, the Salvation
Army, the Mennonite Disaster Service, and other relief or disaster
assistance organizations, in the distribution of medicine, food,
supplies, or other items, and in the restoration, rehabilitation, or
reconstruction of community services and essential facilities
whenever the Director finds that such utilization is necessary.
(b) The Director is authorized to enter into agreements with
the American National Red Cross, the Salvation Army, the Men-
nonite Disaster Service, and other relief or disaster assistance
organizations under which the disaster relief activities of such
organizations may be coordinated by the Federal coordinating of-
ficer whenever such organizations are engaged in providing relief
during and after a major disaster. Any such agreement shall in-
clude provisions conditioning use of the facilities of the Office of
Emergency Preparedness and the services of the coordinating of-
ficer upon compliance with regulations promulgated by the Direc-
tor under sections 4418 and 4419 of this title, and such other
regulations as the Director may require.
Pub.L. 91-606, Title II, § 207, Dec. 31, 1970, 84 Stat. 1749.
§ 4418. Duplication of benefits
(a) The Director, in consultation with the head of each Federal
agency administering any program providing financial assistance
to persons, business concerns, or other entities suffering losses as
the result of a major disaster, shall assure that no such person,
business concern, or other entity will receive such assistance with
respect to any part of such loss as to which he has received
financial assistance under any other program.
(b) The Director shall assure that no person, business concern,
or other entity receives any Federal assistance for any part of a
loss suffered as the result of a major disaster if such person,
concern, or entity received compensation from insurance or any
other source for that part of such a loss. Partial compensation for
a loss or a part of a loss resulting from a major disaster shall not
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2856 LEGAL COMPILATION—WATER
preclude additional Federal assistance for any part of such a loss
not compensated otherwise.
(c) Whenever the Director determines (1) that a person, busi-
ness concern, or other entity has received assistance under this
chapter for a loss and that such person, business concern or other
entity received assistance for the same loss from another source,
and (2) that the amount received from all sources exceeded the
amount of the loss, he shall direct such person, business concern,
or other entity to pay to the Treasury an amount, not to exceed
the amount of Federal assistance received, sufficient to reimburse
the Federal Government for that part of the assistance which he
deems excessive.
Pub.L. 91-606, Title II, § 208, Dec 31,1970, 84 Stat. 1750.
§ 4419. Nondiscrimination in disaster assistance
(a) The Director shall issue, and may alter and amend, such
regulations as may be necessary for the guidance of personnel
carrying out emergency relief functions at the site of a major
disaster. Such regulations shall include provisions for insuring
that the distribution of supplies, the processing of applications,
and other relief and assistance activities shall be accomplished in
an equitable and impartial manner, without discrimination on the
grounds of race, color, religion, nationality, sex, age, or economic
status prior to a major disaster.
(b) As a condition of participation in the distribution of assist-
ance or supplies under section 4417 of this title, relief organiza-
tions shall be required to comply with regulations relating to non-
discrimination promulgated by the Director, and such other regu-
lations applicable to activities within a major disaster area as he
deems necessary for the effective coordination of relief efforts.
Pub.L. 91-606, Title II, § 209, Dec. 31,1970, 84 Stat. 1750.
§ 4420. Disaster warnings
The President is authorized to utilize or to make available to
Federal, State, and local agencies the facilities of the civil defense
communications system established and maintained pursuant to
section 2281 (c) of Title 50, Appendix, for the purpose of provid-
ing needed warning to governmental authorities and the civilian
population in areas endangered by imminent major disasters.
Pub.L. 91-606, Title II, § 210, Dec. 31,1970, 84 Stat. 1750.
§ 4431. Predisaster assistance
If the President determines that a major disaster is imminent,
he is authorized to use Federal departments, agencies, and instru-
mentalities, and all other resources of the Federal Government to
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STATUTES AND LEGISLATIVE HISTORY 2857
avert or lessen the effects of such disaster before its actual occur-
rence.
Pub.L. 91-606, Title II, § 222, Dec. 31, 1970, 84 Stat. 1751.
§ 4432. Emergency communications
The Director is authorized during, or in anticipation of, an
emergency to establish temporary communications in any major
disaster area in order to carry out the functions of his office, and
to make such communications available to State and local govern-
ment officials and other persons as he deems appropriate.
Pub.L. 91-606, Title II, § 222, Dec. 31, 1970, 84 Stat. 1751.
§ 4433. Emergency transportation
The Director is authorized to provide temporary public trans-
portation service to meet emergency needs in a major disaster
area. Such service will provide transportation to governmental
offices, supply centers, stores, post offices, schools, major employ-
ment centers, and such other places as may be necessary in order
to enable the community to resume its normal pattern of life as
soon as possible.
Pub.L. 91-606, Title II, § 223, Dec. 31,1970, 84 Stat. 1751.
§ 4434. Removal of debris; grants to States; indemnity of Fed-
eral Government from liability
(a) The President, whenever he determines it to be in the
public interest, is authorized—
(1) through the use of Federal departments, agencies, and
instrumentalities, to clear debris and wreckage resulting from
a major disaster from publicly and privately owned lands and
waters.
(2) to make grants to any State or local government for
the purpose of removing debris or wreckage resulting from a
major disaster from publicly or privately owned lands and
waters.
(b) No authority under this section shall be exercised unless the
affected State or local government shall first arrange an uncondi-
tional authorization for removal of such debris or wreckage from
public and private property, and, in the case of removal of debris
or wreckage from private property, shall first agree to indemnify
the Federal Government against any claim arising from such re-
moval.
Pub.L. 91-606, Title II, § 224, Dec. 31,1970, 84 Stat. 1751.
§ 4435. Fire suppression
The President is authorized to provide assistance, including
grants, to any State for the suppression of any fire on publicly or
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2858 LEGAL COMPILATION—WATER
privately owned forest or grassland which threatens such destruc-
tion as would constitute a major disaster.
Pub.L. 91-606, Title II, § 225, Dec. 31,1970, 84 Stat. 1751.
§ 4436. Temporary housing assistance—Regulations for rent
and sale; sites for mobile and prefabricated homes
(a) The Director is authorized to provide temporary housing or
other emergency shelter, including, but not limited to, mobile
homes or other readily fabricated dwellings for those who, as a
result of such major disaster, require temporary housing or other
emergency shelter, except that for the first twelve months of occu-
pancy no rentals shall be established for any such accommoda-
tions, thereafter rentals shall be established, based upon fair mar-
ket value of the accommodations being furnished, adjusted to take
into consideration the financial ability of the occupant. Notwith-
standing any other provision of law, any such emergency housing
acquired by purchase may be sold directly to individuals and fami-
lies who are occupants thereof at prices that are fair and equita-
ble. Any mobile home or readily fabricated dwelling shall be
placed on a site complete with utilities provided by State or local
government, or by the owner or occupant of the site who was
displaced by the major disaster, without charge to the United
States. However, the Director may elect to provide other more
economical and accessible sites at Federal expense when he deter-
mines such action to be in the public interest.
Temporary mortgage or rent payments; reemployment assistance
(b) The President is authorized to provide assistance on a tem-
porary basis in the form of mortgage or rental payments to or on
behalf of individuals and families who, as a result of financial
hardship caused by a major disaster, have received written notice
of dispossession or eviction from a residence by reason of foreclo-
sure of any mortgage or lien, cancellation of any contract of sale,
or termination of any lease, entered into prior to the disaster.
Such assistance shall be provided for a period of not to exceed one
year or for the duration of the period of financial hardship, which-
ever is the lesser. The President is authorized for the purposes of
this subsection and in furtherance of the purposes of section 4459
of this title, to provide reemployment assistance services under
other laws to individuals who are unemployed as a result of a
major disaster.
Pub.L. 91-606, Title II, § 226, Dec. 31,1970, 84 Stat. 1751.
§ 4451. Small business disaster loans
In the administration of the disaster loan program under sec-
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STATUTES AND LEGISLATIVE HISTORY 2859
tion 636 (b) (1), (2), and (4) of Title 15, in the case of property
loss or damage or injury resulting from a major disaster as deter-
mined by the President or a disaster as determined by the Admin-
istrator, the Small Business Administration—
(1) to the extent such loss or damage or injury is not
compensated for by insurance or otherwise, (A) shall, on the
part of any loan in excess of $500, cancel the principal of the
loan, except that the total amount so canceled shall not exceed
$2,500, except that this clause (A) shall apply only to loans
made to cover losses and damage and injury resulting from
major disasters as determined by the President, and (B) may
defer interest payments or principal payments, or both, in
whole or in part, on any loan made under this section during
the first three years of the term of the loan except that any
such deferred payments shall bear interest at the rate deter-
mined under section 4453 of this title.
(2) to the extent such injury, loss, or damage is not com-
pensated for by insurance or otherwise, may grant any loan
for repair, rehabilitation, or replacement of property dam-
aged, or destroyed, without regard to whether the required
financial assistance is otherwise available from private
sources.
(3) may, in the case of the total destruction or substantial
property damage of a home or business concern, refinance any
mortgage or other liens outstanding against the destroyed or
damaged property if such property is to be repaired, rehabili-
tated, or replaced, except that the amount refinanced shall not
exceed the amount of the physical loss sustained. Any such
refinancing shall be subject to the provisions of clauses (1)
and (2) of this section.
Pub.L. 91-606, Title II, § 231, Dec. 31, 1970, 84 Stat. 1752.
§ 4452. Emergency farm loans
In the administration of the emergency loan program under
sections 1961 to 1967 of Title 7, and the rural housing loan pro-
gram under section 1472 of this title, in the case of loss or dam-
age, resulting from a major disaster as determined by the Presi-
dent, or a natural disaster as determined by the Secretary of
Agriculture—
(1) to the extent such loss or damage is not compensated
for by insurance or otherwise, (A) shall, on that part of any
loan in excess of $500, cancel the principal of the loan, except
that the total amount so canceled shall not exceed $2,500,
except that this clause (A) shall apply only to loans made to
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2860 LEGAL COMPILATION—WATER
cover losses and damage resulting from major disasters as
determined by the President, and (B) may defer interest
payments or principal payments, or both, in whole or in part,
on any loan made under this section during the first three
years of the term of the loan, except that any such deferred
payments shall bear interest at the rate determined under
section 4453 of this title.
(2) to the extent such injury, loss, or damage is not com-
pensated for by insurance or otherwise, may grant any loan
for repair, rehabilitation, or replacement of property dam-
aged or destroyed, without regard to whether the required
financial assistance is otherwise available from private
sources.
(3) may, in the case of the total destruction or substantial
property damage of homes or farm service buildings and re-
lated structures and equipment, refinance any mortgage or
other liens outstanding against the destroyed or damaged
property if such property is to be repaired, rehabilitated, or
replaced, except that the amount refinanced shall not exceed
the amount of the physical loss sustained. Any such refinanc-
ing shall be subject to the provisions of clauses (1) and (2)
of this section.
Pub.L. 91-606, Title II,§ 232, Dec. 31,1970, 84 Stat. 1753.
§ 4453. Disaster loan interests rates
Any loan made under sections 4451, and 4452 of this title shall
not exceed the current cost of repairing or replacing the disaster
injury, loss, or damage in conformity with current codes and spec-
ifications. Any loan made under sections 4451, 4452, 4455 (b) and
4456 of this title shall bear interest at a rate determined by the
Secretary of the Treasury, taking into consideration the current
average market yield on outstanding marketable obligations of the
United States with remaining periods to maturity of ten to twelve
years reduced by not to exceed 2 percentum per annum. In no
event shall any loan made under this section bear interest at a rate
in excess of 6 per centum per annum.
Pub.L. 91-606, Title II, § 234, Dec. 31,1970, 84 Stat. 1754.
§ 4454. Age of applicant for loans
In the administration of any Federal Disaster loan program
under the authority of section 4451, 4452 of this title, or 233 of
this Act, the age of any adult loan applicant shall not be consid-
ered in determining whether such loan should be made or the
amount of such loan.
Pub.L. 91-606, Title II, § 235, Dec. 31,1970, 84 Stat. 1754.
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STATUTES AND LEGISLATIVE HISTORY 2861
§ 4455. Rescheduling and refinancing of federal loans
(a) In addition to the loan extension authority provided in
section 912 of Title 7, the Secretary of Agriculture is authorized
to adjust and readjust the schedules for payment of principal and
interests on loans to borrowers under programs administered by
the Rural Electrification Administration, and to extend the matu-
rity date of any such loan to a date not beyond forty years from
the date of such loan where he determines such action is necessary
because of the impairment of the economic feasibility of the sys-
tem, or the loss, destruction, or damage of the property of such
borrowers as a result of a major disaster.
(b) The Secretary of Housing and Urban Development is au-
thorized to refinance any note or other obligation which is held by
him in connection with any loan made by the Department of Hous-
ing and Urban Development or its predecessor in interest, or
which is included within the revolving fund for liquidating pro-
grams established by the Independent Offices Appropriation Act of
1955, where he finds such refinancing necessary because of the
loss, destruction, or damage (as a result of a major disaster) to
property or facilities securing such obligations. The Secretary
may authorize a suspension in the payment of principal and inter-
est charges on, and an additional extension in the maturity of, any
such loan for a period not to exceed five years if he determines
that such action is necessary to avoid severe financial hardship.
Pub.L. 91-606, Title II, § 236, Dec. 31, 1970, 84 Stat. 1754.
§ 4456. Aid to major sources of employment
(a) The Small Business Administration in the case of a non-
agricultural enterprise, and the Farmers Home Administration in
the case of an agricultural enterprise, are authorized to provide
any industrial, commercial, agricultural, or other enterprise,
which has constituted a major source of employment in an area
suffering a major disaster and which is no longer in substantial
operation as a result of such disaster, a loan in such amount as
may be necessary to enable such enterprise to resume operations
in order to assist in restoring the economic viability of the disas-
ter area. Loans authorized by this section shall be made without
regard to limitations on the size of loans which may otherwise be
imposed by any other provision of law or regulation promulgated
pursuant thereto.
(b) Assistance under this section shall be in addition to any
. other Federal disaster assistance, except that such other assist-
ance may be adjusted or modified to the extent deemed appropri-
ate by the Director under the authority of section 4418 of this
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2862 LEGAL COMPILATION—WATER
title. Any loan made under this section shall be subject to the
interest requirements of section 4453 of this title, but the Presi-
dent, if he deems it necessary, may defer payments of principal
and interest for a period not to exceed three years after the date
of the loan. Any such deferred payments shall bear interest at the
rate determined under section 4453 of this title.
Pub.L. 91-606, Title II, § 237, Dec. 31,1970, 84 Stat. 1754.
§ 4457. Food stamp and surplus commodities program—Persons
eligible; terms and conditions
(a) Whenever the President determines that, as a result of a
major disaster, low-income households are unable to purchase ade-
quate amounts of nutritious food, he is authorized, under such
terms and conditions as he may prescribe, to distribute through the
Secretary of Agriculture coupon allotments to such households
pursuant to the provisions of the Food Stamp Act of 1964 and to
make surplus commodities available pursuant to the provisions of
section 4413 of this title.
Duration of assistance; factors considered
(b) The President, through the Secretary of Agriculture, is
authorized to continue to make such coupon allotments and sur-
plus commodities available to such households for so long as he
determines necessary, taking into consideration such factors as he
deems appropriate, including consequences of the major disaster
on the earning power of the households to which assistance is
made available under this section.
Food stamp provisions unaffected
(c) Nothing in this section shall be construed as amending or
otherwise changing the provisions of the Food Stamp Act of 1964
except as they relate to the availability of food stamps in a major
disaster area.
Pub.L. 91-606, Title II, § 238, Dec. 31,1970, 84 Stat. 1755.
§ 4458. Legal services
Whenever the Director determines that low-income individuals
are unable to secure legal services adequate to meet their needs as
a consequence of a major disaster, consistent with the goals of the
programs authorized by this chapter, the Director shall assure
that such programs are conducted with the advice and assistance
of appropriate Federal agencies and State and local bar associa-
tions.
Pub.L. 91-606, Title II, § 239, Dec. 31,1970, 84 Stat. 1755.
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STATUTES AND LEGISLATIVE HISTORY 2863
§ 4459. Unemployment assistance; limitation of amount and
duration to payments under State unemployment compensation;
reduction of payments
The President is authorized to provide to any individual unem-
ployed as a result of a major disaster, such assistance as he deems
appropriate while such individual is unemployed. Such assistance
as the President shall provide shall not exceed to l maximum
amount and the maximum duration of payment under the unem-
ployment compensation program of the State in which the disaster
occurred, and the amount of assistance under this section to any
such individual shall be reduced by any amount of unemployment
compensation or of private income protection insurance compensa-
tion available to such individual for such period of unemployment.
Pub.L. 91-606, Title II, § 240, Dec. 31,1970, 84 Stat. 1755.
§ 4460. Community disaster grants to local governments; limits;
computation of loss
The President is authorized to make grants to any local govern-
ment which, as the result of a major disaster, has suffered a
substantial loss of property tax revenue (both real and personal).
Grants made under this section may be made for the tax year in
which the disaster occurred and for each of the following two tax
years. The grant for any tax year shall not exceed the difference
between the annual average of all property tax revenues received
by the local government during the three-tax-year period immedi-
ately preceding the tax year in which the major disaster occurred
and the actual property tax revenue received by the local govern-
ment for the tax year in which the disaster occurred and for each
of the two tax years following the major disaster but only if there
has been no reduction in the tax rates and the tax assessment
valuation factors of the local government. If there has been a re-
duction in the tax rates or the tax assessment valuation factors
then, for the purpose of determining the amount of a grant under
this section for the year or years when such reduction is in effect,
the President shall use the tax rates and tax assessment valuation
factors of the local government in effect at the time of the disaster
without reduction, in order to determine the property tax revenues
which would have been received by the local government but for
such reduction.
Pub.L. 91-606, Title II, § 241, Dec. 31, 1970, 84 Stat. 1756.
§ 4461. Timber sale contracts—Cost-sharing: arrangement
(a) Where an existing timber sale contract between the Secre-
1 So in original.
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2864 LEGAL COMPILATION—WATER
tary of Agriculture or the Secretary of the Interior and a timber
purchaser does not provide relief from major physical change not
due to negligence of the purchaser prior to approval of construc-
tion of any section of specified road or of any other specified
development facility and, as a result of a major disaster, a major
physical change results in additional construction work in connec-
tion with such road or facility by such purchaser with an esti-
mated cost, as determined by the appropriate Secretary, (1) of
more than $1,000 for sales under one million board feet, (2) of
more than $1 per thousand board feet for sales of one of three
million board feet, or (3) of more than $3,000 for sales over three
million board feet, such increased construction cost shall be borne
by the United States.
Cancellation of authority
Ob) If the Secretary determines that damages are so great that
restoration, reconstruction, or construction is not practical under
the cost-sharing arrangement authorized by subsection (a) of this
section, the Secretary may allow cancellation of the contract not-
withstanding contrary provisions therein.
Public notice of sale
(c) The Secretary of Agriculture is authorized to reduce to
seven days the minimum period of advanced public notice required
by section 476 of Title 16, in connection with the sale of timber
from national forests, whenever the Secretary determines that
(1) the sale of such timber will assist in the construction of any
area of a State damaged by a major disaster, (2) the sale of such
timber will assist in sustaining the economy of such area, or (3)
the sale of such timber is necessary to salvage the value of timber
damaged in such major disaster or to protect undamaged timber.
State grants for removal of damaged timber; reimbursement of
expenses limited to salvage value of removed timber
(d) The President, when he determines it to be in the public
interest, and acting through the Director of Emergency Prepared-
ness, is authorized to make grants to any State or local govern-
ment for the purpose of removing from privately owned lands
timber damaged as a result of a major disaster, and such State or
local government is authorized upon application, to make pay-
ments out of such grants to any person for reimbursement of
expenses actually incurred by such person in the removal of dam-
aged timber, not to exceed the amount that such expenses exceed
the salvage value of such timber.
Pub.L. 91-606, Title II, § 242, Dec. 31,1970, 84 Stat. 1756.
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STATUTES AND LEGISLATIVE HISTORY 2865
§ 4462. Standards for residential structure restoration
No loan or grant made by any relief organization operating
under the supervision of the Director, for the repair, restoration,
reconstruction, or replacement of any residential structure located
in a major disaster area shall be made unless such structure will
be repaired, restored, reconstructed, or replaced in accordance
with applicable standards of safety, decency, and sanitation and in
conformity with applicable building codes and specifications.
Pub.L. 91-606, Title II, § 243, Dec. 31,1970, 84 Stat. 1757.
§ 4481. Repair and restoration of damaged United States facili-
ties; availability of funds
The President may authorize any Federal agency to repair, re-
construct, restore, or replace any facility owned by the United
States and under the jurisdiction of such agency which is dam-
aged or destroyed by any major disaster if he determines that
such repair, reconstruction, restoration, or replacement is of such
importance and urgency that it cannot reasonably be deferred
pending the enactment of specific authorizing legislation or the
making of an appropriation for such purposes. In order to carry
out the provisions of this section, such repair, reconstruction, res-
toration, or replacement may be begun notwithstanding a lack or
an insufficiency of funds appropriated for such purpose, where
such lack or insufficiency can be remedied by the transfer, in
accordance with law, of funds appropriated to that agency for
another purpose.
Pub.L. 91-606, Title II, § 251, Dec. 31,1970, 84 Stat. 1757.
§ 4482. Restoration of State and loeal public facilites—Eligible
costs
(a) The President is authorized to make contributions to State
or local governments to repair, restore, reconstruct, or replace
public facilities belonging to such State or local governments
which were damaged or destroyed by a major disaster, except that
the Federal contribution therefor shall not exceed 100 per centum
of the net cost of repairing, restoring, reconstructing, or replacing
any such facility on the basis of the design of such facility as it
existed immediately prior to such disaster and in conformity with
applicable codes, specifications, and standards.
Public facilities under completion at the time of disaster
(b) In the case of any such public facilities which were in the
process of construction when damaged or destroyed by a major
disaster, the Federal contribution shall not exceed 50 per centum
of the net costs of restoring such facilities substantially to their
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2866 LEGAL COMPILATION—WATER
prior to such disaster condition and of completing construction not
performed prior to the major disaster to the extent the increase of
such cost over the original construction cost is attributable to
changed conditions resulting from a major disaster.
Definition
(c) For the purposes of this section "public facility" includes
any flood control, navigation, irrigation, reclamation, public power,
sewage treatment and collection, water supply and distribution,
watershed development, or airport facility, any non-Federal-aid
street, road, or highway, and any other public building, structure
or system, other than one used exclusively for recreation purposes.
Pub.L. 91-606, Title II, § 252, Dec. 31, 1970, 84 Stat. 1757.
§ 4483. Priority to applications for public facility and public
housing assistance in major disaster areas
In the processing of applications for assistance, priority and
immediate consideration may be given, during such period, not to
exceed six months, as the President shall prescribe by proclama-
tion, to applications from public bodies situated in major disaster
areas, under the following Acts:
(1) title II of the Housing Amendments of 1955, or any
other Act providing assistance for repair, construction, or
extension of public facilities;
(2) the United States Housing Act of 1937 for the provi-
sion of low-rent housing;
(3) section 462 of Title 40 for assistance in public works
planning;
(4) section 3102 of this title providing for grants for pub-
lic facilities; or
(5) section 1926 of Title 7.
Pub.L. 91-606, Title II, § 253, Dec. 31,1970, 84 Stat. 1758.
§ 4484. Relocation assistance
Notwithstanding any other provision of law, no person other-
wise eligible for any kind of relocation assistance payment author-
ized under section 1465 of this title shall be denied such eligibility
as result of his being unable, because of a major disaster as
determined by the President, to reoccupy property from which he
was displaced by such disaster.
Pub.L. 91-606, Title II, § 254, Dec. 31,1970, 84 Stat. 1758.
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STATUTES AND LEGISLATIVE HISTORY 2867
1.22 DEPARTMENT OF TRANSPORTATION ACT
49 U.S.C. §1653(f) (1968)
(See, "General 1.5a-1.5a (3) (f)" for legislative history.)
Maintenance and enhancement of natural beauty of land traversed by
transportation lines
(f) It is hereby declared to be the national policy that special
effort should be made to preserve the natural beauty of the
countryside and public park and recreation lands, wildlife and
waterfowl refuges, and historic sites. The Secretary of Trans-
portation shall cooperate and consult with the Secretaries of
the Interior, Housing and Urban Development, and Agricul-
ture, and with the States in developing transportation plan
and program that include measures to maintain or enhance
the natural beauty of the lands traversed. After August 23,
1968, the Secretary shall not approve any program or project
which requires the use of any publicly owned land from a
public park, recreation area, or wildlife and waterfowl refuge
of national, State, or local significance as determined by the
Federal, State, or local officials having jurisdiction thereof, or
any land from an historic site of national, State, or local
significance as so determined by such officials unless (1) there
is no feasible and prudent alternative to the use of such land,
and (2) such program includes all possible planning to mini-
mize harm to such park, recreational area, wildlife and water-
fowl refuge, or historic site resulting from such use.
Consultation with Secretary of Housing and Urban Development; annual
report to the President for submission to Congress
(g) The Secretary and the Secretary of Housing and Urban
Development shall consult and exchange information regard-
ing their respective transportation policies and activities;
carry on joint planning, research and other activities; and
coordinate assistance for local transportation projects. They
shall jointly study how Federal policies and programs can
assure that urban transportation systems most effectively
serve both national transportation needs and the comprehen-
sively planned development of urban areas. They shall, within
one year after the effective date of this Act, and annually
thereafter, report to the President, for submission to the Con-
gress, on their studies and other activities under this subsec-
tion, including any legislative recommendations which they
determine to be desirable. The Secretary and the Secretary of
Housing and Urban Development shall study and report
within one year after the effective date of this Act to the
President and the Congress on the logical and efficient organi-
zation and location of urban mass transportation functions in
the Executive Branch.
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2868 LEGAL COMPILATION—WATER
1.23 FEDERAL AID HIGHWAY ACT, AS AMENDED
23 U.S.C. §109(h) (1970)
(See, "General 1.6a-1.6d (3) (f)" for legislative history.)
§ 109. Standards
(a) The Secretary shall not approve plans and specifications for
proposed projects on any Federal-aid system if they fail to provide
for a facility (1) that will adequately meet the existing and proba-
ble future traffic needs and conditions in a manner conducive to
safety, durability, and economy of maintenance; (2) that will be
designed and constructed in accordance with standards best suited
to accomplish the foregoing objectives and to conform to the par-
ticular needs of each locality.
(b) The geometric and construction standards to be adopted for
the Interstate System shall be those approved by the Secretary in
cooperation with the State highway departments. Such standards,
as applied to each actual constructipn project, shall be adequate to
enable such project to accommodate the types and volumes of
traffic anticipated for such project for the twenty-year period
commencing on the date of approval by the Secretary, under sec-
tion 106 of this title, of the plans, specifications, and estimates for
actual construction of such project. Such standards shall in all
cases provide for at least four lanes of traffic. The right-of-way
width of the Interstate System shall be adequate to permit con-
struction of projects on the Interstate System to such standards.
The Secretary shall apply such standards uniformly throughout all
the States.
(c) Projects on the Federal-aid secondary system in which Fed-
eral funds participate shall be constructed according to specifica-
tions that will provide all-weather service and permit maintenance
at a reasonable cost.
(d) On any highway project in which Federal funds hereafter
participate, or on any such project constructed since December 20,
1944, the location, form and character of informational, regula-
tory and warning signs, curb and pavement or other markings,
and traffic signals installed or placed by any public authority or
other agency, shall be subject to the approval of the State highway
department with the concurrence of the Secretary, who is directed
to concur only in such installations as will promote the safe and
efficient utilization of the highways.
(e) No funds shall be approved for expenditure on any Feder-
al-aid highway, or highway affected under chapter 2 of this title,
unless proper safety protective devices complying with safety
standards determined by the Secretary at that time as being ade-
quate shall be installed or be in operation at any highway and
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STATUTES AND LEGISLATIVE HISTORY 2869
railroad grade crossing or drawbridge on that portion of the high-
way with respect to which such expenditures are to be made.
(f) The Secretary shall not, as a condition precedent to his
approval under section 106 of this title, require any State to ac-
quire title to, or control of, any marginal land along the proposed
highway in addition to that reasonably necessary for road sur-
faces, median strips, gutters, ditches, and side slopes, and of suffi-
cient width to provide service roads for adjacent property to per-
mit safe access at controlled locations in order to expedite traffic,
promote safety, and minimize roadside parking. Pub.L. 85-767,
Aug. 27, 1958, 72 Stat. 894; Pub.L. 88-157, § 4, Oct. 24, 1963, 77
Stat. 277.
(g) The Secretary shall issue within 30 days after the day of
enactment of the Federal-Aid Highway Act of 1970 guidelines
for minimizing possible soil erosion from highway construction.
Such guidelines shall apply to all proposed projects with respect to
which plans, specifications, and estimates are approved by the
Secretary after the issuance of such guidelines.
(h) Not later than July 1, 1972, the Secretary, after consulta-
tion with appropriate Federal and State officials, shall submit to
Congress, and not later than 90 days after such submission, pro-
mulgate guidelines designed to assure that possible adverse eco-
nomic, social, and environmental effects relating to any proposed
project on any Federal-aid system have been fully considered in
developing such project, and that the final decisions on the project
are made in the best overall public interest, taking into considera-
tion the need for fast, safe and efficient transportation, public
services, and the costs of eliminating or minimizing such adverse
effects and the following:
(1) air, noise, and water pollution;
(2) destruction or disruption of man-made and natural
resources, aesthetic values, community cohesion and the avail-
ability of public facilities and services;
(3) adverse employment effects, and tax and property
value losses;
(4) injurious displacement of people, businesses and
farms; and
(5) disruption of desirable community and regional
growth.
Such guidelines shall apply to all proposed projects with respect to
which plans, specifications, and estimates are approved by the
Secretary after the issuance of such guidelines.
(i) The Secretary, after consultation with appropriate Federal,
State, and local officials, shall develop and promulgate standards
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2870 LEGAL COMPILATION—WATER
for highway noise levels compatible with different land uses and
after July 1, 1972, shall not approve plans and specifications for
any proposed project on any Federal-aid system for which location
approval has not yet been secured unless he determines that such
plans and specifications include adequate measures to implement
the appropriate noise level standards.
(j) The Secretary, after consultation with the Administrator of
the Environmental Protection Agency, shall develop and promul-
gate guidelines to assure that highways constructed pursuant to
this title are consistent with any approved plan for the implemen-
tation of any ambient air quality standard for any air quality
control designated pursuant to the Clean Air Act, as amended.
Pub.L. 85-767, Aug. 27, 1958, 72 Stat. 894; Pub.L. 88-157, § 4,
Oct. 24, 1963, 77 Stat. 277; Pub.L. 89-574, §§ 5(a), 14, Sept. 13,
1966, 80 Stat. 767, 771; Pub.L. 91-605, Title I, § 136(a), (b), Dec.
31, 1970, 84 Stat.
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STATUTES AND LEGISLATIVE HISTORY 2871
1.24 AMORTIZATION OF POLLUTION CONTROL
FACILITIES, AS AMENDED
26 U.S.C. §169(d)(l)(B),(3) (1969)
(See, "General 1.4a-1.4a(5) (c)" for legislative history.)
§ 169. Amortization of pollution control facilities
(a) Allowance of deduction.—Every person, at his election, shall
be entitled to a deduction with respect to the amortization of the
amortizable basis of any certified pollution control facility (as
defined in subsection (d), based on a period of 60 months. Such
amortization deduction shall be an amount, with respect to each
month of such period within the taxable year, equal to the amor-
tizable basis of the pollution control facility at the end of such
month divided by the number of months (including the month for
which the deduction is computed) remaining in the period. Such
amortizable basis at the end of the month shall be computed with-
out regard to the amortization deduction for such month. The
amortization deduction provided by this section with respect to
any month shall be in lieu of the depreciation deduction with
respect to such pollution control facility for such month provided
by section 167. The 60-month period shall begin, as to any pollu-
tion control facility, at the election of the taxpayer, with the
month following the month in which such facility was completed
or acquired, or with the succeeding taxable year.
(b) Election of amortization—The election of the taxpayer to
take the amortization deduction and to begin the 60-month period
with the month following the month in which the facility is com-
pleted or acquired, or with the taxable year succeeding the taxable
year in which such facility is completed or acquired, shall be made
by filing with the Secretary or his delegate, in such manner, in
such form, and within such time, as the Secretary or his delegate
may by regulations prescribe, a statement of such election.
(c) Termination of amortization deduction.—A taxpayer which
has elected under subsection (b) to take the amortization deduc-
tion provided in subsection (a) may, at any time after making
such election, discontinue the amortization deduction with respect
to the remainder of the amortization period, such discontinuance
to begin as of the beginning of any month specified by the tax-
payer in a notice in writing filed with the Secretary or his delegate
before the beginning of such month. The depreciation deduction
provided under section 167 shall be allowed, beginning with the
first month as to which the amortization deduction does not apply,
and the taxpayer shall not be entitled to any further amortization
deduction under this section with respect to such pollution control
facility.
(d) Definitions.—For purposes of this section—
(1) Certified pollution control facility.—The term "certified
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2872 LEGAL COMPILATION—WATER
pollution control facility" means a new identifiable treatment
facility which is used, in connection with a plant or other
property in operation before January 1, 1969, to abate or
control water or atmospheric pollution or contamination by
removing, altering, disposing, or storing of pollutants, con-
taminants, wastes, or heat and which—
(A) the State certifying authority having jurisdiction
with respect to such facility has certified to the Federal
certifying authority as having been constructed, recon-
structed, erected, or acquired in conformity with the
State program or requirements for abatement or control
of water or atmospheric pollution or contamination; and
(B) the Federal certifying authority has certified to
the Secretary or his delegate (i) as being in compliance
with the applicable regulations of Federal agencies and
(ii) as being in furtherance of the general policy of the
United States for cooperation with the States in the pre-
vention and abatement of water pollution under the Fed-
eral Water Pollution Control Act, as amended (33 U.S.C.
466 et seq.), or in the prevention and abatement of at-
mospheric pollution and contamination under the Clean
Air Act, as amended (42 U.S.C. 1857 et seq.).
(2) State certifying authority.—The term "State certifying
authority" means, in the case of water pollution, the State
water pollution control agency as defined in section 13 (a) of
the Federal Water Pollution Control Act and, in the case of
air pollution, the air pollution control agency as defined in
section 302 (b) of the Clean Air Act. The term "State certify-
ing authority" includes any interstate agency authorized to
act in place of a certifying authority of the State.
(3) Federal certifying authority.—The term "Federal certi-
fying authority" means, in the case of water pollution, the
Secretary of the Interior and, in the case of air pollution, the
Secretary of Health, Education, and Welfare.
(4) New identifiable treatment facility.—For purposes of
paragraph (1), the term "new identifiable treatment facility"
includes only tangible property (not including a building and
its structural components, other than a building which is ex-
clusively a treatment facility) which is of a character subject
to the allowance for depreciation provided in section 167,
which is identifiable as a treatment facility, and which—
(A) is property—
(i) the construction, reconstruction, or erection of
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STATUTES AND LEGISLATIVE HISTORY 2873
which is completed by the taxpayer after December
31, 1968, or
(ii) acquired after December 31,1968, if the orig-
inal use of the property commences with the tax-
payer and commences after such date, and
(B) is placed in service by the taxpayer before Janu-
ary 1, 1975.
In applying this section in the case of property described in
clause (i) of subparagraph (A), there shall be taken into
account only that portion of the basis which is properly at-
tributable to construction, reconstruction, or erection after
December 31, 1968.
(e) Profitmaking abatement works, etc.—The Federal certify-
ing authority shall not certify any property under subsection (d)
(1) (B) to the extent it appears that by reason of profits derived
through the recovery of wastes or otherwise in the operation of
such property, its costs will be recovered over its actual useful life.
(f) Amortizable basis.—
(1) Defined.—For purposes of this section, the term "amor-
tizable basis" means that portion of the adjusted basis (for
determining gain) of a certified pollution control facility
which may be amortized under this section.
(2) Special rules.—
(A) If a certified pollution control facility has a useful
life (determined as of the first day of the first month for
which a deduction is allowable under this section) in
excess of 15 years, the amortizable basis of such facility
shall be equal to an amount which bears the same ratio to
the portion of the adjusted basis of such facility, which
would be eligible for amortization but for the application
of this subparagraph, as 15 bears to the number of years
of useful life of such facility.
(B) The amortizable basis of a certified pollution con-
trol facility with respect to which an election under this
section is in effect shall not be increased, for purposes of
this section, for additions or improvements after the am-
ortization period has begun.
(g) Depreciation deduction.—The depreciation deduction pro-
vided by section 167 shall, despite the provisions of subsection
(a), be allowed with respect to the portion of the adjusted basis
which is not the amortizable basis.
(h) Investment credit not to be allowed.—In the case of any
property with respect to which an election has been made under
subsection (a), so much of the adjusted basis of the property as
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2874 LEGAL COMPILATION—WATER
(after the application of subsection (f)) constitutes the amortiza-
ble basis for purposes of this section shall not be treated as section
38 property within the meaning of section 48 (a).
(i) Life tenant and remainderman.—In the case of property
held by one person for life with remainder to another person, the
deduction under this section shall be computed as if the life tenant
were the absolute owner of the property and shall be allowable to
the life tenant.
(j) Cross reference.—
For special rule with respect to certain gain derived
from the disposition of property the adjusted basis of
which is determined with regard to this section, see sec-
tion 1245.
Aug. 16, 1954, c. 736, 68A Stat. 55, added Pub.L. 91-172, Title
VII, § 704 (a), Dec. 30,1969, 83 Stat. 667.
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STATUTES AND LEGISLATIVE HISTORY 2875
1.25 AIRPORT AND AIRWAY DEVELOPMENT ACT
49 U.S.C. §§1712(f), 1716(c)(4),(e) (1970)
(See, "General 1.7a-1.7a (4) (d)" for legislative history.)
§ 1712. National airport systems plan—Formulation
Consultation concerning environmental changes
(f) In carrying out this section, the Secretary shall consult with
and consider the views and recommendations of the Secretary of
the Interior, the Secretary of Health, Education, and Welfare, the
Secretary of Agriculture, and the National Council on Environ-
mental Quality. The recommendations of the Secretary of the Inte-
rior, the Secretary of Health, Education, and Welfare, the Secre-
tary of Agriculture, and the National Council on Environmental
Quality, with regard to the preservation of environmental quality,
shall, to the extent that the Secretary of Transportation deter-
mines to be feasible, be incorporated in the national airport sys-
tem plan.
*******
Pub.L. 91-258, Title I, § 13, May 21,1970, 84 Stat. 224.
§ 1716. Project applications for airport development—Submis-
sion
*******
Approval
(c) (1) All airport development projects shall be subject to the
approval of the Secretary, which approval may be given only if he
is satisfied that—
(A) the project is reasonably consistent with plans (exist-
ing at the time of approval of the project) of planning agen-
cies for the development of the area in which the airport is
located and will contribute to the accomplishment of the pur-
poses of this subchapter;
(B) sufficient funds are available for that portion of the
project costs which are not to be paid by the United States
under this subchapter;
(C) the project will be completed without undue delay;
(D) the public agency or public agencies which submitted
the project application have legal authority to engage in the
airport development as proposed; and
(E) all project sponsorship requirements prescribed by or
under the authority of this subchapter have been or will be
met.
No airport development project may be approved by the Secretary
with respect to any airport unless a public agency holds good title,
satisfactory to the Secretary, to the landing area of the airport or
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2876 LEGAL COMPILATION—WATER
the site therefor, or gives assurance satisfactory to the Secretary
that good title will be acquired.
(2) No airport development project may be approved by the
Secretary which does not include provision for installation of the
landing aids specified in subsection (d) of section 1717 of this title
and determined by him to be required for the safe and efficient use
of the airport by aircraft taking into account the category of the
airport and the type and volume of traffic utilizing the airport.
(3) No airport development project may be approved by the
Secretary unless he is satisfied that fair consideration has been
given to the interest of communities in or near which the project
may be located.
(4) It is declared to be national policy that airport development
projects authorized pursuant to this subchapter shall provide for
the protection and enhancement of the natural resources and the
quality of environment of the Nation. In implementing this policy,
the Secretary shall consult with the Secretaries of the Interior and
Health, Education, and Welfare with regard to the effect that any
project involving airport location, a major runway extension, or
runway location may have on natural resources including, but not
limited to, fish and wildlife, natural, scenic, and recreation assets,
water and air quality, and other factors affecting the environment,
and shall authorize no such project found to have adverse effect
unless the Secretary shall render a finding, in writing, following a
full and complete review, which shall be a matter of public record,
that no feasible and prudent alternative exists and that all possi-
ble steps have been taken to minimize such adverse effect.
Hearings
(d) (1) No airport development project involving the location
of an airport, an airport runway, or a runway extension may be
approved by the Secretary unless the public agency sponsoring the
project certifies to the Secretary that there has been afforded the
opportunity for public hearings for the purpose of considering the
economic, social, and environmental effects of the airport location
and its consistency with the goals and objectives of such urban
planning as has been carried out by the community.
(2) When hearings are held under paragraph (1) of this
subsection, the project sponsor shall, when requested by the Secre-
tary, submit a copy of the transcript to the Secretary.
Air and water quality
(e) (1) The Secretary shall not approve any project application
for a project involving airport location, a major runway exten-
sion, or runway location unless the Governor of the State in which
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STATUTES AND LEGISLATIVE HISTORY 2877
such project may be located certifies in writing to the Secretary
that there is reasonable assurance that the project will be located,
designed, constructed, and operated so as to comply with applica-
ble air and water quality standards. In any case where such stand-
ards have not been approved or where such standards have been
promulgated by the Secretary of the Interior or the Secretary of
Health, Education, and Welfare, certification shall be obtained
from the appropriate Secretary. Notice of certification or of re-
fusal to certify shall be provided within sixty days after the pro-
ject application is received by the Secretary.
(2) The Secretary shall condition approval of any such project
application on compliance during construction and operation with
applicable air and water quality standards.
*******
Pub.L. 91-258, Title I, § 16, May 21, 1970, 84 Stat. 226.
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2878 LEGAL COMPILATION—WATER
1.26 INTEREST ON CERTAIN GOVERNMENT OBLIGATIONS,
AS AMENDED
26 U.S.C. §103 (1969)
(See, "General 1.9a-1.9d (4) (d)" for legislative history.)
§103. Interest on certain governmental obligations
(a) General rule.—Gross-income does not include interest on—
(1) the obligations of a State, a Territory, or a possession
of the United States, or any political subdivision of any of the
foregoing, or of the District of Columbia;
(2) the obligations of the United States; or
(3) the obligations of a corporation organized under Act of
Congress, if such corporation is an instrumentality of the United
States and if under the respective Acts authorizing the issue of
the obligations the interest is wholly exempt from the taxes im-
posed by this subtitle.
(b) Exception.—Subsection (a) (2) shall not apply to interest on
obligations of the United States issued after September 1, 1917 (other
than postal savings certificates of deposit, to the extent they represent
deposits made before March 1, 1941), unless under the respective
Acts authorizing the issuance thereof such interest is wholly exempt
from the taxes imposed by this subtitle.
(c) Industrial development bonds.—
(1) Subsection (a) (1) not to apply.—Except as otherwise pro-
vided in this subsection, any industrial development bond shall
be treated as an obligation not described in subsection (a) (1).
(2) Industrial development bond.—For purposes of this sub-
section, the term "industrial development bond" means any
obligation—
(A) which is issued as part of an issue all or a major
portion of the proceeds of which are to be used directly or
indirectly in any trade or business carried on by any person
who is not an exempt person (within the meaning of par-
agraph (3)), and
(B) the payment of the principal or interest on which
(under the terms of such obligation or any underlying ar-
rangement) is, in whole or in major part—
(i) secured by any interest in property used or to
be used in a trade or business or in payments in respect
of such property, or
(ii) to be derived from payments in respect of prop-
erty, or borrowed money, used or to be used in a
trade or business.
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STATUTES AND LEGISLATIVE HISTORY 2879
(3) Exempt person.—For purposes of paragraph (2) (A), the
term "exempt person" means—
(A) a governmental unit, or
(B) an organization described in section 501 (c) (3) and
exempt from tax under section 501 (a) (but only with re-
spect to a trade or business carried on by such organization
which is not an unrelated trade or business, determined by
applying section 513 (a) to such organization).
(4) Certain exempt activities.—Paragraph (1) shall not apply
to any obligation which is issued as part of an issue substantially
all of the proceeds of which are to be used to provide—
(A) residential real property for family units,
(B) sports facilites,
(C) convention or trade show facilities,
(D) airports, docks, wharves, mass commuting facilities,
parking facilities, or storage for training facilities directly
related to any of the foregoing,
(E) sewage or solid waste disposal facilities or facilities
for the local furnishing of electric energy or gas,
(F) air or water pollution control facilities, or,
(G) facilities for furnishing of water, if available on rea-
sonable demand to members of the general public.
Aug. 16, 1954, c. 736, 68A Stat. 29; Dec. 10, 1971, Pub.L. 92-178,
Title III, §315(a), 85 Stat. 529.
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2880 LEGAL COMPILATION—WATER
1.27 FISH AND WILDLIFE COORDINATION ACT,
AS AMENDED
16 U.S.C. §§661—666c (1965)
Sec.
661. Declaration of purpose; cooperation of agencies; surveys and investiga-
tions; donations.
662. Impounding, diverting, or controlling of waters.
(a) Consultation between agencies.
(b) Reports and recommendations; consideration.
(c) Modification of projects; acquisition of lands.
(d) Project costs; allocation.
(e) Transfer of funds.
(f) Estimation of wildlife benefits or losses.
(g) Applicability to projects.
(h) Exempt projects and activities.
663. Same.
(a) Conservation, maintenance, and management of wildlife re-
sources; development and improvement.
(b) Use and availability of waters, land or interests therein.
(c) Acquisition of land, waters, and interests therein; report to the
Congress.
(d) Use of acquired properties.
(e) Availability of Federal lands acquired or withdrawn for Federal
water-resources purposes.
(f) National forest lands.
664. Administration; rules and regulations; availability of lands to State
agencies.
665. Investigations as to effect of sewage, industrial wastes; reports.
665a. Maintenance of adequate water levels in upper Mississippi River.
666. Appropriations.
666a. Penalties.
666b. Definitions.
666c. Applicability to Tennessee Valley Authority.
§ 661. Declaration of purpose; cooperation of agencies; surveys
and investigations; donations
For the purpose of recognizing the vital contribution of our
wildlife resources to the Nation, the increasing public interest and
significance thereof due to expansion of our national economy and
other factors, and to provide that wildlife conservation shall re-
ceive equal consideration and be coordinated with other features
of water-resource development programs through the effectual and
harmonious planning, development, maintenance, and coordination
of wildlife conservation and rehabilitation for the purposes of sec-
tions 661-666c of this title in the United States, its Territories
and possessions, the Secretary of the Interior is authorized (1) to
provide assistance to, and cooperate with, Federal, State, and
public or private agencies and organizations in the development,
protection, rearing, and stocking of all species of wildlife, re-
sources thereof, and their habitat, in controlling losses of the same
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STATUTES AND LEGISLATIVE HISTORY 2881
from disease or other causes, in minimizing damages from over-
abundant species, in providing public shooting and fishing areas,
including easements across public lands for access thereto, and in
carrying out other measures necessary to effectuate the purposes
of said sections; (2) to make surveys and investigations of the
wildlife of the public domain, including lands and waters or inter-
ests therein acquired or controlled by any agency of the United
States; and (3) to accept donations of land and contributions of
funds in furtherance of the purposes of said sections. Mar. 10,
1934, c. 55, § 1, 48 Stat. 401; 1939 Reorg. Plan No. II, § 4(e), (f),
eff. July 1, 1939, 4 F. R. 2731, 53 Stat. 1433; Aug. 14, 1946, c. 965,
60 Stat. 1080; Aug. 12, 1958, Pub.L. 85-624, § 2, 72 Stat. 563.
§ 662. Impounding, diverting, or controlling of waters—Con-
sultations between agencies
(a) Except as hereafter stated in subsection (h) of this section,
whenever the waters of any stream or other body of water are pro-
posed or authorized to be impounded, diverted, the channel deep-
ened, or the stream or other body of water otherwise controlled or
modified for any purpose whatever, including navigation and
drainage, by any department or agency of the United States, or by
any public or private agency under Federal permit or license, such
department or agency first shall consult with the United States Fish
and Wildlife Service, Department of the Interior, and with the
head of the agency exercising administration over the wildlife
resources of the particular State wherein the impoundment, diver-
sion, or other control facility is to be constructed, with a view to
the conservation of wildlife resources by preventing loss of and
damage to such resources as well as providing for the development
and improvement thereof in connection with such water-resource
development.
Reports and recommendations; consideration
(b) In furtherance of such purposes, the reports and recom-
mendations of the Secretary of the Interior on the wildlife aspects
of such projects, and any report of the head of the State agency
exercising administration over the wildlife resources of the State,
based on surveys and investigations conducted by the United States
Fish and Wildlife Service and such State agency for the purpose
of determining the possible damage to wildlife resources and for
the purpose of determining means and measures that should be
adopted to prevent the loss of or damage to such wildlife resources,
as well as to provide concurrently for the development and im-
provement of such resources, shall be made an integral part of
any report prepared or submitted by any agency of the Federal
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2882 LEGAL COMPILATION—WATER
Government responsible for engineering surveys and construction
of such projects when such reports are presented to the Congress
or to any agency or person having the authority or the power, by-
administrative action or otherwise, (1) to authorize the construc-
tion of water-resource development projects or (2) to approve a
report on the modification or supplementation of plans for pre-
viously authorized projects, to which sections 661-666c of this
title apply. Recommendations of the Secretary of the Interior
shall be as specific as is practicable with respect to features recom-
mended for wildlife conservation and development, lands to be
utilized or acquired for such purposes, the results expected, and
shall describe the damage to wildlife attributable to the project
and the measures proposed for mitigating or compensating for
these damages. The reporting officers in project reports of the
Federal agencies shall give full consideration to the report and
recommendations of the Secretary of the Interior and to any report
of the State agency on the wildlife aspects of such projects, and
the project plan shall include such justifiable means and measures
for wildlife purposes as the reporting agency finds should be
adopted to obtain maximum overall project benefits.
Modification of projects; acquisition of lands
(c) Federal agencies authorized to construct or operate water-
control projects are authorized to modify or add to the structures
and operations of such projects, the construction of which has not
been substantially completed on the date of enactment of the Fish
and Wildlife Coordination Act, and to acquire lands in accordance
with section 663 of this title, in order to accommodate the means
and measures for such conservation of wildlife resources as an
integral part of such projects: Provided, That for projects author-
ized by a specific Act of Congress before the date of enactment of
the Fish and Wildlife Coordination Act (1) such modification or
land acquisition shall be compatible with the purposes for which
the project was authorized; (2) the cost of such modifications or
land acquisition, as means and measures to prevent loss of and
damage to wildlife resources to the extent justifiable, shall be an
integral part of the cost of such projects; and (3) the cost of such
modifications or land acquisition for the development or improve-
ment of wildlife resources may be included to the extent justifiable,
and an appropriate share of the cost of any project may be al-
located for this purpose with a finding as to the part of such allo-
cated cost, if any, to be reimbursed by non-Federal interests.
Project costs
(d) The cost of planning for and the construction or installation
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STATUTES AND LEGISLATIVE HISTORY 2883
and maintenance of such means and measures adopted to carry out
the conservation purposes of this section shall constitute an in-
teral part of the cost of such projects: Provided, That such cost
attributable to the development and improvement of wildlife shall
not extend beyond that necessary for (1) land acquisition, (2)
facilities as specifically recommended in water resource project
reports, (3) modification of the project, and (4) modification of
project operations, but shall not include the operation of wildlife
facilities.
Transfer of funds
(e) In the case of construction by a Federal agency, that agency
is authorized to transfer to the United States Fish and Wildlife
Service, out of appropriations or other funds made available for
investigations, engineering, or construction, such funds as may be
necessary to conduct all or part of the investigations required to
carry out the purposes of this section.
Estimation of wildlife benefits or losses
(f) In addition to other requirements, there shall be included in
any report submitted to Congress supporting a recommendation
for authorization of any new project for the control or use of water
as described herein (including any new division of such project or
new supplemental works on such project) an estimation of the
wildlife benefits or losses to be derived therefrom including bene-
fits to be derived from measures recommended specifically for the
development and improvement of wildlife resources, the cost of
providing wildlife benefits (including the cost of additional facili-
ties to be installed or lands to be acquired specifically for that par-
ticular phase of wildlife conservation relating to the development
and improvement of wildlife), the part of the cost of joint-use
facilities allocated to wildlife, and the part of such costs, if any,
to be reimbursed by non-Federal interests.
Applicability to projects
(g) The provisions of this section shall be applicable with re-
spect to any project for the control or use of water as prescribed
herein, or any unit of such project authorized before or after the
date of enactment of the Fish and Wildlife Coordination Act for
planning or construction, but shall not be applicable to any project
or unit thereof authorized before the date of enactment of the Fish
and Wildlife Coordination Act if the construction of the particular
project or unit thereof has been substantially completed. A project
or unit thereof shall be considered to be substantially completed
-------
2884 LEGAL COMPILATION—WATER
when sixty percent or more of the estimated construction cost has
been obligated for expenditure.
Exempt projects and activities
(h) The provisions of sections 661-666c of this title shall not be
applicable to those projects for the impoundment of water where
the maximum surface area of such impoundments is less than ten
acres, nor to activities for or in connection with programs pri-
marily for land management and use carried out by Federal agen-
cies with respect to Federal lands under their jurisdiction. Mar. 10,
1934, c. 55, § 2, 48 Stat. 401; 1939 Reorg. Plan No. II, § 4(e), (f),
eff. July 1, 1939, 4 F.R. 2731, 53 Stat. 1433; Aug. 14, 1946, c. 965,
60 Stat. 1080; Aug. 12, 1958, Pub.L. 85-624, § 2, 72 Stat. 564. As
amended July 9, 1965, Pub.L. 89-72, § 6(b), 79 Stat. 216.
§ 663. Same—Conservation, maintenance, and management of
wildlife resources; development and improvement
(a) Subject to the exceptions prescribed in section 662 (h) of
this title, whenever the waters of any stream or other body of
water are impounded, diverted, the channel deepened, or the
stream or other body of water otherwise controlled or modified for
any purpose whatever, including navigation and drainage, by any
department or agency of the United States, adequate provision,
consistent with the primary purposes of such impoundment, diver-
sion, or other control, shall be made for the use thereof, together
with any areas of land, water, or interests therein, acquired or
administered by a Federal agency in connection therewith, for the
conservation, maintenance, and management of wildlife resources
thereof, and its habitat thereon, including the development and
improvement of such wildlife resources pursuant to the provisions
of section 662 of this title.
Use and availability of waters, land, or interests therein
(b) The use of such waters, land, or interests therein for wild-
life conservation purposes shall be in accordance with general
plans approved jointly (1) by the head of the particular depart-
ment or agency exercising primary administration in each in-
stance, (2) by the Secretary of the Interior, and (3) by the head of
the agency exercising the administration of the wildlife resources-
of the particular State wherein the waters and areas lie. Such waters
and other interests shall be made available, without cost for admin-
istration, by such State agency, if the management of the proper-
ties relate to the conservation of wildlife other than migratory
birds, or by the Secretary of the Interior, for administration in
such manner as he may deem advisable, where the particular prop-
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STATUTES AND LEGISLATIVE HISTORY 2885
erties have value in carrying out the national migratory bird
management program: Provided, That nothing in this section shall
be construed as affecting the authority of the Secretary of Agri-
culture to cooperate with the States or in making lands available
to the States with respect to the management of wildlife and
wildlife habitat on lands administered by him.
Acquisition of land, waters, and interests therein;
report to the Congress
(c) When consistent with the purposes of sections 661-666c of
this title and the reports and findings of the Secretary of the Inte-
rior prepared in accordance with section 662 of this title, land,
waters, and interests therein may be acquired by Federal construc-
tion agencies for the wildlife conservation and development pur-
poses of sections 661-666c of this title in connection with a project
as reasonably needed to preserve and assure for the public benefit
the wildlife potentials of the particular project area: Provided,
That before properties are acquired for this purpose, the probable
extent of such acquisition shall be set forth, along with other data
necessary for project authorization, in a report submitted to the
Congress, or in the case of a project previously authorized, no such
properties shall be acquired unless specifically authorized by Con-
gress, if specific authority for such acquisition is recommended by
the construction agency.
Use of acquired properties
(d) Properties acquired for the purposes of this section shall
continue to be used for such purposes, and shall not become the
subject of exchange or other transactions if such exchange or other
transaction would defeat the initial purpose of their acquisition.
Availability of Federal lands acquired or withdrawn for
Federal water-resource purposes
(e) Federal lands acquired or withdrawn for Federal water-
resource purposes and made available to the States or to the Secre-
tary of the Interior for wildlife management purposes, shall be
made available for such purposes in accordance with sections 661-
666c of this title, notwithstanding other provisions of law.
National forest lands
(f) Any lands acquired pursuant to this section by any Federal
agency within the exterior boundaries of a national forest shall,
upon acquisition, be added to and become national forest lands,
and shall be administered as a part of the forest within which they
are situated, subject to all laws applicable to lands acquired under
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2886 LEGAL COMPILATION—WATER
the provisions of the Act of March 1, 1911 (36 Stat. 961), unless
such lands are acquired to carry out the National Migratory Bird
Management Program. Mar. 10,1934, c. 55, § 3, 48 Stat. 401; 1940
Reorg. Plan No. Ill, § 3, eff. June 30, 1940, 5 F.R. 2108, 54 Stat.
1232; Aug. 14, 1946, c. 965, 60 Stat. 1080; Aug. 12, 1958, Pub.L.
85-624, § 2, 72 Stat. 566.
§ 664. Administration; rules and regulations; availability of
lands to State agencies
Such areas as are made available to the Secretary of the Interior
for the purposes of sections 661-666c of this title, pursuant to sec-
tions 661 and 663 of this title or pursuant to any other authoriza-
tion, shall be administered by him directly or in accordance with
cooperative agreements entered into pursuant to the provisions of
section 661 of this title and in accordance with such rules and
regulations for the conservation, maintenance, and management
of wildlife, resources thereof, and its habitat thereon, as may be
adopted by the Secretary in accordance with general plans ap-
proved jointly by the Secretary of the Interior and the head of the
department or agency exercising primary administration of such
areas: Provided, That such rules and regulations shall not be in-
consistent with the laws for the protection of fish and game of the
States in which such area is situated: Provided further, That
lands having value to the National Migratory Bird Management
Program may, pursuant to general plans, be made available with-
out cost directly to the State agency having control over wildlife
resources, if it is jointly determined by the Secretary of the In-
terior and such State agency that this would be in the public
interest: And provided further, That the Secretary of the Interior
shall have the right to assume the management and administration
of such lands in behalf of the National Migratory Bird Manage-
ment Program if the Secretary finds that the State agency has
withdrawn from or otherwise relinquished such management and
administration. Mar. 10, 1934, c. 55, § 4, 48 Stat. 402; 1939
Reorg. Plan No. II, § 4(e), (f), eff. July 1, 1939, 4 F.R. 2731, 53
Stat. 1433; 1940 Reorg. Plan No. Ill, § 3, eff. June 30, 1940, 5 F.R.
2108, 54 Stat. 1232; Aug. 14, 1946, c. 965, 60 Stat. 1080; Aug. 12,
1958, Pub.L. 85-624, § 2, 72 Stat. 567.
§ 665. Investigations as to effect of sewage, industrial wastes:
reports
The Secretary of the Interior, through the Fish and Wildlife
Service and the Bureau of Mines, is authorized to make such in-
vestigations as he deems necessary to determine the effects nf
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STATUTES AND LEGISLATIVE HISTORY 2887
domestic sewage, mine, petroleum, and industrial wastes, erosion
silt, and other polluting substances on wildlife, and to make reports
to the Congress concerning such investigations and of recom-
mendations for alleviating dangerous and undesirable effects of
such pollution. These investigations shall include (1) the deter-
mination of standards of water quality for the maintenance of
wildlife; (2) the study of methods of abating and preventing pollu-
tion, including methods for the recovery of useful or marketable
products and byproducts of wastes; and (3) the collation and dis-
tribution of data on the progress and results of such investigations
for the use of Federal, State, municipal, and private agencies,
individuals, organizations, or enterprises. Mar. 10, 1934, c. 55, § 5,
48 Stat. 402; 1940 Reorg. Plan No. Ill, § 3, eff. June 30, 1940, 5
F.R. 2108, 54 Stat. 1232; Aug. 14, 1946, c. 965, 60 Stat. 1080.
665a. Maintenance of adequate water levels in upper Mississippi
River
In the management of existing facilities (including locks, dams,
and pools) in the Mississippi River between Rock Island, Illinois,
and Minneapolis, Minnesota, administered by the United States
Corps of Engineers of the Department of the Army, that Depart-
ment is directed to give full consideration and recognition to the
needs of fish and other wildlife resources and their habitat depend-
ent on such waters, without increasing additional liability to the
Government, and, to the maximum extent possible without causing
damage to levee and drainage districts, adjacent railroads and
highways, farm lands, and dam structures, shall generally operate
and maintain pool levels as though navigation was carried on
throughout the year. Mar. 10, 1934, c. 55, § 5A, as added June 19,
1948, c. 528, 62 Stat. 497.
§ 666. Appropriations
There is authorized to be appropriated from time to time, out of
any money in the Treasury not otherwise appropriated, such
amounts as may be necessary to carry out the provisions of
sections 661-666c of this title and regulations made pursuant
thereto, including the construction of such facilities, buildings, and
other improvements necessary for economical administration of
areas made available to the Secretary of the Interior under said
sections, and the employment in the city of Washington and else-
where of such persons and means as the Secretary of the Interior
may deem necessary for such purposes. Mar. 10, 1934, c. 55, § 6,
48 Stat. 402; Aug. 14,1946, c. 965, 60 Stat. 1080.
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2888 LEGAL COMPILATION—WATER
§ 666a. Penalties
Any person who shall violate any rule or regulation promulgated
in accordance with sections 661-666c of this title shall be guilty of
a misdemeanor and upon conviction thereof shall be fined not more
than $500 or imprisoned for not more than one year, or both. Mar.
10, 1934, c. 55, § 7, as added Aug. 14, 1946, c. 965, 60 Stat. 1080.
§ 666b. Definitions
The terms "wildlife" and "wildlife resources" as used in sections
661-666c of this title include birds, fishes, mammals, and all other
classes of wild animals and all types of aquatic and land vegetation
upon which wildlife is dependent. Mar. 10, 1934, c. 55, § 8, as
added Aug. 14,1946, c. 965, 60 Stat. 1080.
§ 666c. Applicability to Tennessee Valley Authority
The provisions of sections 661-666b of this title shall not apply
to the Tennessee Valley Authority. Mar. 10, 1934, c. 55, § 9, as
added Aug. 4, 1946, c. 965, 60 Stat. 1080.
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STATUTES AND LEGISLATIVE HISTORY 2889
1.27a TO PROMOTE THE CONSERVATION OF WILDLIFE,
FISH AND GAME, AND FOR OTHER PURPOSES
March 10, 1934, P.L. 73-121, 48 Stat. 401
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Secretary
of Agriculture and the Secretary of Commerce are authorized to
provide expert assistance to and to cooperate with Federal, State,
and other agencies in the rearing, stocking, and increasing the supply
of game and fur-bearing animals and fish, in combating diseases,
and in developing a Nation-wide program of wild-life conservation
and rehabilitation.
SEC. 2. The Secretary of Agriculture and the Secretary of Com-
merce are authorized to make such investigations as they may deem
necessary to determine the effects of domestic sewage, trade wastes,
and other polluting substances on wild life, with special reference to
birds, mammals, fish, and shellfish, and to make reports to the Con-
gress of their investigations with recommendations for remedial
measures. Such investigations shall include studies of methods for
the recovery of wastes and the collation of data on the progress being
made in these fields for the use of Federal, State, municipal, and
private agencies.
SEC. 3. (a) Whenever the Federal Government through the Bureau
of Reclamation or otherwise, impounds water for any use, opportunity
shall be given to the Bureau of Fisheries and/or the Bureau of
Biological Survey to make such uses of the impounded waters for
fish-culture stations and migratory-bird resting and nesting areas as
are not inconsistent with the primary use of the waters and/or the
constitutional rights of the States. In the case of any waters hereto-
fore impounded by the United States, through the Bureau of Recla-
mation or otherwise, the Bureau of Fisheries and/or the Bureau of
Biological Survey may consult with the Bureau of Reclamation or
other governmental agency controlling the impounded waters, with a
view to securing a greater biological use of the waters not inconsistent
with their primary use and/or the constitutional rights of the States
and make such proper uses thereof as are not inconsistent with the
primary use of the waters and/or the constitutional rights of the
States.
[p. 401]
(b) Hereafter, whenever any dam is authorized to be constructed,
either by the Federal Government itself or by any private agency
under Government permit, the Bureau of Fisheries shall be consulted,
and before such construction is begun or permit granted, when
-------
2890 LEGAL COMPILATION—WATER
deemed necessary, due and adequate provision, if economically
practicable, shall be made for the migration of fish life from the
upper to the lower and from the lower to the upper waters of said
dam by means of fish lifts, ladders, or other devices.
SEC. 4. The Office of Indian Affairs, the Bureau of Fisheries, and
the Bureau of Biological Survey are authorized, jointly, to prepare
plans for the better protection of the wild-life resources, including
fish, migratory waterfowl and upland game birds, game animals and
fur-bearing animals, upon all the Indian reservations and unallotted
Indian lands coming under the supervision of the Federal Govern-
ment. When such plans have been prepared they shall be promul-
gated by the Secretary of the Interior, the Secretary of Commerce,
and the Secretary of Agriculture, who are authorized to make the
necessary regulations for enforcement thereof and from time to time
to change, alter, or amend such regulations.
SEC. 5. The Bureau-of Biological Survey and the Bureau of
Fisheries are hereby authorized to make surveys of the wild-life
resources of the public domain, or of any lands owned or leased by
the Government, to conduct such investigations as may be necessary
for the development of a program for the maintenance of an adequate
supply of wild life in these areas, to establish thereon game farms
and fish-cultural stations commensurate with the need for replenish-
ing the supply of game and fur-bearing animals and fish, and, in
cooperation with the National Park Service, The Forest Service, or
other Federal agencies, the State agencies, to coordinate and establish
adequate measures for wild-life control on such game farms and
fish-cultural stations: Provided, That no such game farm shall here-
after be established in any State without the consent of the legislature
of that State.
SEC. 6. In carrying out the provisions of this Act the Federal
agencies charged with its enforcement may cooperate with other
Federal agencies and with States, counties, municipalities, indi-
viduals, and public and private agencies, organizations, and institu-
tions, and may accept donations of lands, funds, and other aids to
the development of the program authorized in this Act: Provided,
however, That no such donations of land shall be accepted without
consent of the legislature of the State in which such land may be
situated: Provided, That no authority is given in this Act for setting
up any additional bureau or division in any department or com-
mission, and shall not authorize any additional appropriation for
carrying out its purposes.
Approved, March 10, 1934.
[p. 402]
-------
STATUTES AND LEGISLATIVE HISTORY 2891
1.27a(l) SENATE SPECIAL COMMITTEE ON
CONSERVATION OF WILDLIFE RESOURCES
S. REP. No. 244, 73rd Cong., 2d Sess. (1934)
TO PROMOTE THE CONSERVATION OF WILD LIFE, FISH,
AND GAME, AND FOR OTHER PURPOSES
JANUARY 23 (calendar day, JANUARY 30), 1934.—Ordered to be printed
Mr. WALCOTT (for himself, Mr. PITTMAN, Mr. McNARY, Mr. NORBECK,
Mr. CLARK, Mr. BAILEY, and Mr. BYRD) , from the Special Com-
mittee on Conservation of Wild Life Resources, submitted the
following
REPORT
[To accompany S. 2529]
The Special Committee on Conservation of Wild Life Resources
reports the bill (S. 2529) to promote the conservation of wild life,
fish, and game, and for other purposes, with the recommendation that
it do pass.
This bill is designed to meet an emergency. Your committee there-
fore earnestly recommends its early consideration and adoption.
It does not carry an appropriation; it utilizes existing executive
agencies of the Government in a most necessary coordination of
Federal effort to preserve and increase our national wild-life
resources.
Voluntary coordination is inefficient, wasteful, and frequently fails
through lack of understanding and information. This bill will secure
an efficient coordination of national effort and will produce a more
economical administration.
It will, without additional cost, greatly enlarge the present areas
for the reproduction of game, fish, and animal life.
This bill is intended to secure cooperation of work in departments
now in existence and an exchange of opinion between these depart-
ments and joint effort in the future.
It is estimated that 13,000,000 fishermen and hunters pay license
fees to the various States who spend approximately $650,000,000 in
outdoor recreation. We have an enormous national investment in
unused waters and parks. The States own approximately 44,500,000
-------
2892 LEGAL COMPILATION—WATER
acres of land and water which has been set aside as game sanctuaries.
The present bill without carrying an appropriation or additional
cost in Government service, will facilitate the solution of an emer-
gency affecting health, large financial investments, and assist in
preserving the traditional policy of promoting outdoor recreation of
great value to each of our States and to the people within the States.
[p. 1]
1.27a(2) HOUSE COMMITTEE ON AGRICULTURE
H.R. REP. No. 850, 73rd Cong., 2d Sess. (1934)
TO PROMOTE THE CONSERVATION OF WILD LIFE,
FISH, AND GAME, AND FOR OTHER PURPOSES
FEBRUARY 26, 1934.—Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. KLEBERG, from the Committee on Agriculture submitted the
following
REPORT
[To accompany H.R. 7672]
The Committee on Agriculture, to whom was referred the bill
(H.R. 7672) to promote the conservation of wild life, fish, and game,
and for other purposes (identical with S. 2529), having considered
the same, report thereon with a recommendation that it do pass.
STATEMENT
This bill is designed to meet any emergency. Your committee
therefore earnestly recommends its early consideration and adoption.
It does not carry an appropriation; it utilizes existing executive
agencies of the Government in a most necessary coordination of
Federal effort to preserve and increase our natural wild-life resources.
Voluntary coordination is inefficient, wasteful, and frequently fails
through lack of understanding and information. This bill will secure
an efficient coordination of national effort and will produce a more
economical administration.
-------
STATUTES AND LEGISLATIVE HISTORY
2893
It will, without additional cost, greatly enlarge the present areas
for the reproduction of game, fish, and animal life.
This bill is intended to secure cooperation of work in departments
now in existence and an exchange of opinion between these depart-
ments and joint effort in the future.
It is estimated that 13,000,000 fishermen and hunters pay license
fees to the various States who spend approximately $650,000,000 in
outdoor recreation. We have an enormous national investment in
unused waters and parks. The States own approximately 44,500,000
acres of land and water which has been set aside as game sanctuaries.
The present bill without carrying an appropriation or additional
cost in Government service, will facilitate the solution of an emer-
gency affecting health, large financial investments, and assist in
preserving the traditional policy of promoting outdoor recreation of
great value to each of our States and to the people within the States.
[p. 1]
1.27a(3) CONGRESSIONAL RECORD, VOL. 78 (1934)
1.27a(3)(a) Feb. 6: Passed Senate, pp. 2010-2011
CONSERVATION OF WILD LIFE, FISH, AND
GAME
The bill (S. 2529) to promote the con-
servation of wild life, fish, and game,
and for other purposes, was announced
as next in order.
Mr. KING. Mr. President, is not this
the bill that was passed a short time
ago?
Mr. WALCOTT. No; that was the
duck stamp bill.
The PRESIDING OFFICER. The
Chair will state to the Senator from
Utah that that was Senate bill 2633,
which was substituted for Senate bill
1658.
Mr. KING. Yes; but does not this bill
cover the same ground, in part?
Mr. WALCOTT. No; this bill does
not authorize the expenditure of any
money. It merely insists upon a reason-
able coordination and cooperation be-
tween the various departments in con-
sidering new projects, so that the
interests of our wild-life resources may
be taken into account to some extent.
This bill passed the Senate without ob-
jection last spring, but was held up at
the last moment by the jam in the House.
[p. 2010]
Mr. KING. May I ask the Senator
just how far this bill goes in authorizing
activities by the departments of the
Government, and what the cost is going
to be to the Treasury of the United
States?
Mr. WALCOTT. It is not going to
cost a cent; and it only urges reasonable
cooperation. For instance, suppose the
Chief of Engineers were trying to work
out a plan for deepening the channel of
the upper Mississippi, as was the case
some years ago.
Under the terms of this bill, when he
works out the type of dam which he
thinks is necessary, or, instead of one
dam, several wing dams, he takes the
matter up with the Secretary of Agri-
culture, in this case to see whether that
would conflict in any way with the wild-
life refuge up there, which extends some
300 miles down the Mississippi. If it
-------
2894
LEGAL COMPILATION—WATER
does, he tries to make his plants fit in
with the saving of the native wild life
that is there. If he cannot, well and
good; there is nothing compulsory about
it. It is merely a spirit of cooperation
that is urged upon the various depart-
ments with reference to the saving of
our natural resources.
Mr. KING. Mr. President, if the Sen-
ator from Kentucky will pardon me, I
invite his attention to section 5, wherein
The Bureau of Biological Survey and the
Bureau of Fisheries are hereby authorized
to make surveys of the wild-life resources of
the public domain, or of any lands owned or
leased by the Government, to conduct such
investigations as may be necessary for the
development of a program for the mainte-
nance of an adequate supply of wild life
in various areas. That is a sort of an
unlimited authority to make surveys
in any part of the United States.
Mr. WALCOTT. Mr. President, let
me state the purpose of the surveys in
question. The Biological Survey now
has the authority to make such surveys
as it may deem wise, but these particular
surveys would be made in the event of
some other department attempting in
any way to encroach. In such case the
Biological Survey is asked to make a
study of the situation and see to what
extent it interferes with our wild-life
resources. There is nothing but a spirit
of cooperation which is insisted upon by
this bill. There is nothing mandatory
about the bill.
Mr. KING. The Senator knows that
when there is an authorization so gen-
eral in terms, giving unlimited author-
ity to make surveys anywhere and
everywhere in the United States, there
will be activities, great expense will be
incurred, and demands will be made for
huge appropriations.
Mr. WALCOTT. I quite agree with
the Senator, provided there is any
money involved; but in this case they
get no appropriations, and the bill does
not authorize anything except the es-
tablishment of certain principles with
reference to the cooperation of various
governmental bodies. I am quite sure
that on further study the Senator will
be satisfied with this part of the bill.
There is a universal call for the enact-
ment of a measure of this sort. We
have reviewed this matter before the
President, and he is heartily in sym-
pathy with all three bills relating to
this subject we are attempting to pass
today. I hope the bill may prevail.
Mr. McNARY. Mr. President, may I
make a statement to the Senator from
Utah? Several years ago, when I was
chairman of the Senate Committee on
Agriculture and Forestry we had occa-
sion to investigate matters of this kind,
and I will say that the Biological Sur-
vey has the same power vested in it
now that is attempted to be vested in
the two agencies in question. I agree
with the Senator from Connecticut that
it broadens the power, makes it more
accurate in its administration, and in
every way is an improvement over the
existing statute.
The PRESIDING OFFICER. Is
there objection to the present considera-
tion of the bill?
There being no objection, the bill (S.
2529) was considered, ordered to be en-
grossed for a third reading, read the
third time, and passed, as follows:
Be it enacted, etc., That the Secretary of
Agriculture and the Secretary of Commerce
are authorized to provide expert assistance
to and to cooperate with Federal, State, and
other agencies in the rearing, stocking, and
increasing the supply of game and fur-
bearing animals and fish, in combating dis-
eases, and in developing a Nation-wide
program of wild-life conservation and
rehabilitation.
SEC. 2. The Secretary of Agriculture and
the Secretary of Commerce are authorized
to make such investigations as they may deem
necessary to determine the effects of domestic
sewage, trade wastes, and other polluting
substances on wild life, with special reference
to birds, mammals, fish, and shellfish, and to
make reports to the Congress of their investi-
gations with recommendations for remedial
measures. Such investigations shall include
studies of methods for the recovery of wastes
and the collation of data on the progress be-
ing made in these fields for the use of Federal,
State, municipal, and private agencies.
SEC. 3. (a) Whenever the Federal Govern-
ment, through the Bureau of Keclamation or
-------
STATUTES AND LEGISLATIVE HISTORY
2895
otherwis'e, impounds water for any use, op-
portunity shall be given to the Bureau of
Fisheries and/or the Bureau of Biological
Survey to make such uses of the impounded
waters for fish-culture stations and migratory-
bird resting and nesting areas as are not in-
consistent with the primary use of the waters
and/or the constitutional rights of the States.
In the case of any waters heretofore im-
pounded by the United States, through the
Bureau of Reclamation or otherwise, the
Bureau of Fisheries and/or the Bureau of
Biological Survey may consult with the Bur-
eau of Reclamation or other governmental
agency controlling the impounded waters,
with a view to securing a greater biological
use of the waters not inconsistent with their
primary use and/or the constitutional rights
of the States and make such proper uses
thereof as are not inconsistent with the pri-
mary use of the waters and/or the constitu-
tional rights of the States.
(b) Hereafter, whenever any dam is au-
thorized to be constructed, either by the Fed-
eral Government itself or by any private
agency under Government permit, the Bur-
eau of Fisheries shall be consulted, and be-
fore such construction is begun or permit
granted, when deemed necessary, due and
adequate provision, if economically practica-
ble, shall be made for the migration of fish
life from the upper to the lower and from
the lower to the upper waters of said dam by
means of fish lifts, ladders, or other devices.
SEC. 4. The Office of Indian Affairs, the
Bureau of Fisheries, and the Bureau of Bio-
logical Survey are authorized, jointly, to pre-
pare plans for the better protection of the
wild-life resources, including fish, migratory
waterfowl and upland game birds, game ani-
mals and fur-bearing animals, upon all the
Indian reservations and unallotted Indian
lands coming under the supervision of the
Federal Government. When such plans have
been prepared they shall be promulgated by
the Secretary of the Interior, the Secretary
1.27a(3)(b) March 5: Passed House, pp. 3725-3726
of Commerce, and the Secretary of Agricul-
ture, who are authorized to make the neces-
sary regulations for enforcement thereof and
from time to time to change, alter, or amend
such regulations.
SEC. 5. The Bureau of Biological Survey
and the Bureau of Fisheries are hereby au-
thorized to make surveys of the wild-life
resources of the public domain, or of any
lands owned or leased by the Government,
to conduct such investigations as may be
necessary for the development of a program
for the maintenance of an adequate supply
of wild life in these areas, to establish thereon
game farms and fish-cultural stations com-
mensurate with the need for replenishing the
supply of game and fur-bearing animals and
fish, and, in cooperation with the National
Park Service, the Forest Service, or other
Federal agencies, the State agencies, to co-
ordinate and establish adequate measures for
wild-life control on such game farms and
fish-cultural stations: Provided, That no
such game farm shall hereafter be established
in any State without the consent of the legis-
lature of that State.
SEC. 6. In carrying out the provisions of
this act the Federal agencies charged with its
enforcement may cooperate with other Fed-
eral agencies and with States, counties, mu-
nicipalities, individuals, and public and
private agencies, organizations, and institu-
tions, and may accept donations of lands,
funds, and other aids to the development of
the program authorized in this act: Provided,
however, That no such donations of land shall
be accepted without consent of the legislature
of the State in which such land may be situ-
ated: Provided, That no authority is given
in this act for setting up any additional
bureau or division in any department or com-
mission, and shall not authorize any addi-
tional appropriation for carrying out its
purposes.
[p. 2011]
CONSERVATION OF WILD LIFE, FISH, AND
GAME
The Clerk called the next bill, H.R.
7672, to promote the conservation of
wild life, fish, and game, and for other
purposes.
Mr. JENKINS of Ohio. Reserving the
right to object, this bill is one of three
conservation bills that seem to be harm-
less on their face, and are very partic-
ular to recite that it is not going to cost
anybody anything. At the same time,
they extend into the activities of the
various departments, and they carry
every earmark of being just a forerun-
ner to a very extensive onslaught upon
the Treasury in the days to come. If
somebody can relieve me of that fear, I
shall not object.
Mr, BLANCHARD. Will the gentle-
man yield?
Mr. JENKINS of Ohio. I yield.
Mr. BLANCHARD. I think the gen-
tleman is familiar with the very last
provision of the bill—
-------
2896
LEGAL COMPILATION—WATER
That no authority is given In this bill for
setting up any additional bureau or division
in any department or commission and shall
not authorize any additional appropriation for
carrying out its purposes.
I appreciate just exactly what the
gentleman is striking at. He is con-
cerned with possible commitments un-
der this bill, and also is concerned with
what may happen in connection with
future departmental requests. Of
course it will be up to the gentleman
from Ohio and other Members of Con-
gress to be diligent and alert to see that
the ordinary coordinating activity of ef-
fort on the part of Government officials
shall not lead to the creation of another
bureau. I think the gentleman from
Texas [Mr. KLEBERG] can assure us on
that point, that it is not designed to
create any new department or any new
bureau or engage in any additional ob-
ligation on the part of Government
agencies. Am I right about that?
Mr. JENKINS of Ohio. My opening
statement was to the effect—and I ap-
preciate what the gentleman has to say
—that the bill is very well written and
the language would indicate that the
bill is going to be very harmless, but
there are several pages in the bill that
provide for extensive activities. I
should like to know, if this bill is not
going to cost anything, how these ex-
tensive preliminary steps will be paid
for?
Mr. KLEBERG. I might illustrate
that by citing examples of what has
been done.
Mr. JENKINS of Ohio. I shall be
glad to hear them.
Mr. KLEBERG. I call attention to the
Chesapeake swamp which was made
salty at an expense of $500,000 to the
Government by the opening of a lock,
which was afterward abandoned, and
the territory returned to a condition
where fish, for instance, could live and
where ducks could feed. This was done
purely through an effort made by the
Biological Survey with the help of in-
terested parties to restore this great
area to this use.
What we are trying to do is to provide
ways by which other similar projects
can be carried out and to economize by
calling on every agency of the Govern-
ment affected by this bill. The result
will be that at the time matters such as
the building of dams and the draining of
areas are undertaken the various de-
partments of the Government interested
will give consideration not only to wild-
life resources but to other natural re-
sources.
This bill is known as "the coordina-
tion bill." It merely makes effective
the operation of the various agencies of
the Government along economical lines
by providing that they shall coordinate
their activities before the individual de-
partment or bureau takes steps to ef-
fectuate them.
Mr. BLANCHARD. Mr. Speaker, will
the gentleman from Ohio yield?
Mr. JENKINS of Ohio. I yield.
Mr. BLANCHARD, I may state to the
gentleman from Texas that this bill, as
he indicated, will result in economies
in the future administration of the con-
servation laws and cooperation between
our great governmental agencies. And,
if I may make one other statement, this
is but a forerunner of future efforts on
the part of the special committee re-
cently created by the House to secure
coordination and cooperation.
Mr. KLEBERG. The gentleman is
correct.
Mr. JENKINS of Ohio. I have no rea-
son to doubt that the gentleman is just
as much interested in protecting the
Treasury as I am. With this idea in
mind, I withdraw my reservation of ob-
jection, Mr. Speaker, believing this bill
will do what the gentlemen have in-
dicated.
Mr. KLEBERG. I may say further
that the Senate conducted hearings on
this bill, as did the Subcommittee of the
House Committee on Agriculture. We
went into the very subject the gentle-
man has spoken of. The hearings with
reference to this particular bill have
not been printed, but the gentleman
-------
STATUTES AND LEGISLATIVE HISTORY
2897
will find they were exhaustive.
The pending bill is identical with a bill
which has already passed the Senate.
Mr. JENKINS of Ohio. One other
question; the gentleman from Texas, I
presume, will champion the passage of
the two succeeding bills?
Mr. KLEBERG. Yes.
Mr. JENKINS of Ohio. These three
are companion bills, are they?
Mr. KLEBERG. Yes.
Mr. JENKINS of Ohio. They inter-
mesh and work together.
Mr. KLEBERG. They are all involved
in effecting the completed program for
conservation of wild life.
Mr. JENKINS of Ohio. And the same
fears I voice with reference to the first
one are groundless also with respect to
the other two bills?
Mr. KLEBERG. Neither of the three
provide for the appropriation of money
or any increase in the expense to the
Government of the United States.
Mr. Speaker, I ask unanimous con-
sent to substitute an identical Senate
bill.
There being no objection, the Clerk
read the Senate bill, as follows:
Be it enacted, etc., That the Secretary of
Agriculture and the Secretary of Commerce
are authorized to provide expert assistance
to and to cooperate with Federal, State, and
other agencies in the rearing, stocking, and
increasing the supply of game and fur-
bearing animals and fish, in combating dis-
eases, and in developing a Nation-wide
program of wild-life conservation and
rehabilitation.
SEC. 2. The Secretary of Agriculture and
the Secretary of Commerce are authorized to
make such investigations as they may deem
necessary to determine the effects of domes-
tic sewage, trade wastes, and other polluting
substances on wild life, with special reference
to birds, mammals, fish, and shell-fish, and to
make reports to the Congress of their investi-
gations with recommendations for remedial
measures. Such investigations shall include
studies of methods for the recovery of wastes
and the collation of data on the progress be-
ing made in these fields for the use of Fed-
eral, State, municipal, and private agencies.
SEC. 3. (a) Whenever the Federal Govern-
ment through the Bureau of Reclamation or
otherwise, impounds water for any use, op-
portunity shall be given to the Bureau of
Fisheries and/or the Bureau of Biological
Survey to make such uses of the impounded
waters for fish-culture stations and migratory-
bird resting and nesting areas as are not
inconsistent with the primary use of the
waters and/or the constitutional rights of the
States. In the case of any waters heretofore
impounded by the United States, through the
Bureau of Reclamation or otherwise, the Bu-
reau of Fisheries and/or the Bureau of
Biological Survey may consult with the Bu-
reau of Reclamation or other governmental
agency controlling the impounded waters,
with a view of securing a greater biological
use of the waters not inconsistent with their
primary use and/or the constitutional rights
of the States and make such proper uses
thereof as are not inconsistent with the pri-
mary use of the waters and/or the constitu-
tional rights of the States.
(b) Hereafter, whenever any dam is au-
thorized to be constructed, either by the
Federal Government itself or by any private
agency under Government permit, the Bur-
eau of Fisheries shall be consulted, and be-
fore such construction is begun or permit
granted, when, deemed necessary, due and
adequate provision, If economically practica-
ble, shall be made for the migration of fish
life from the upper to the lower and from the
lower to the upper waters of said dam by
means of fish lifts, ladders, or other devices.
SEC. 4 The Office of Indian Affairs, the
Bureau of Fisheries, and the Bureau of Bio-
logical Survey are authorized, jointly, to pre-
pare plans for the better protection of the
wild-life resources, including fish, migratory
waterfowl and upland game birds, game
[p. 3725]
animals and fur-bearing animals, upon all the
Indian reservations and unallotted Indian
lands coming under the supervision of the
Federal Government. When such plans have
been prepared they shall be promulgated by
the Secretary of the Interior, the Secretary
of Commerce, and the Secretary of Agricul-
ture, who are authorized to make the neces-
sary regulations for enforcement thereof and
from time to time to change, alter, or amend
such regulations.
SEC. 5. The Bureau of Biological Survey
and the Bureau of Fisheries are hereby au-
thorized to make surveys of the wild-life
resources of the public domain, or of any
lands owned or leased by the Government,
to conduct such investigations as may be
necessary for the development of a program
for the maintenance of an adequate supply of
wild life in these areas, to establish thereon
game farms and fish-cultural stations com-
mensurate with the need for replenishing the
supply of game and fur-bearing animals and
fish, and, in cooperation with the National
Park Service, the Forest Service, or other
Federal agencies, the State agencies, to co-
-------
2898
LEGAL COMPILATION—WATER
ordinate and establish adequate measures for
wildlife control on such game farms and
fish-cultural stations: Provided, That no
such game farm shall hereafter be estab-
lished in any State without the consent of
the legislature of that State,
SEC. 6. In carrying out the provisions of
this act the Federal agencies charged with its
enforcement may cooperate with other Fed-
eral agencies and with States, counties, mu-
nicipalities, individuals, and public and pri-
vate agencies, organizations, and institutions,
and may accept donations of lands, funds, and
other aids to the development of the program
authorized in this act: Provided, however,
That no such donations of land shall be ac-
cepted without consent of the legislature of
the State in which such land may be situated:
Provided, That no authority is given in this
act for setting up any additional bureau or
division in any department or commission,
and shall not authorize any additional appro-
priation for carrying out its purposes.
Mr. COCHRAN of Missouri. Mr.
Speaker, I move to strike out the last
word.
Mr. Speaker, I seek recognition to call
the attention of the gentleman from
Texas [Mr. KLEBERG] to a situation right
here in the District of Columbia. One
of the greatest fishing streams in the
country is the Potomac River. On its
banks is built the Capital of the Nation;
but the sewage from the Capital is pol-
luting the stream right below Washing-
ton. Now, I have fished this stream
and I know what I am talking about. It
is literally filled with bass, but on the
Maryland side the fish are living in
water polluted by the sewage from this
city. This should be corrected imme-
diately.
I suggest to the gentleman from Texas
that he make use of this legislation we
are now passing to call upon the Bio-
logical Survey or the Government de-
partment that has control to get busy
and see if this cannot be remedied in
some way. The people of Washington
are entitled to some place to play. They
have a river at their door which will
give them plenty of enjoyment; but un-
til this sewage is disposed of and we
stop the pollution of the river the people
of Washington are not going to get the
pleasure from this source they should
receive from this wonderful stream.
[Applause.]
Mr. Speaker, within a half hour's
drive of the Capitol on the Maryland
side of the Potomac you will find celery
and cabbage leaves and all other kinds
of sewage, still you can drop a fly or
minnow in the water and get plenty of
bigmouthed bass. I have caught dozens
of them but always returned them to
the water knowing the water was pol-
luted. Aside from the fish, the people
of Washington are deprived of a fine
river at this point that would be used
for bathing if this condition that I refer
to did not exist.
Clean up this river below Washington
and you will see clubhouses spring up
along the banks of the Potomac. As a
fishing stream you cannot ask for more.
Across from Mount Vernon the Bu-
reau of Fisheries formerly had a fish
hatchery station. It has been moved to
the Virginia side of the river and while
I cannot speak with authority still I un-
derstand that it was moved on account
of the polluted water.
Is the Government of the United
States going to ask and demand that
citizens discontinue polluting our
streams and then permit the District of
Columbia over which it has control to
dump its sewage in one of the greatest
bass streams within its borders? I say
to my friend from Texas, start at home,
right here in the District of Columbia
and clarify the Potomac. I will take
the gentleman down the river anytime
he desires and show him what exists.
It is hard to picture a more beautiful
stream. It might be well for the special
committee that was recently appointed
by the House to investigate this situa-
tion right at our front door. [Applause.]
Mr. KLEBERG. I appreciate what
the gentleman has said. It demonstrates
the need for this kind of legislation.
There are hundreds and even thousands
of cases throughout the country which
will be brought to the attention of the
Biological Survey and other agencies of
the Government such as the Engineers
-------
STATUTES AND LEGISLATIVE HISTORY
2899
of the War Department engaged in river
and harbor work.
This legislation will mean much to the
people of the interior of the country as
well as to locations where there is this
pollution to which the gentleman has
referred and where other waste is grow-
ing. These conditions will in time cer-
tainly be corrected by this bill.
By unanimous consent, the pro forma
amendment was withdrawn.
The bill was read a third time, and
passed.
A motion to reconsider was laid on
the table.
A similar House bill was laid on the
table.
[p. 3726]
1.27b 1939 REORGANIZATION PLAN NO. II
§4(e),(f), 53 Stat. 1433
Sec. 4.
(e) Bureau of Fisheries.—The Bureau of Fisheries in the Depart-
ment of Commerce and its functions are hereby transferred to the
Department of the Interior and shall be administered in that Depart-
ment under the direction and supervision of the Secretary of the
Interior. The functions of the Secretary of Commerce relating to the
protection of fur seals and other fur-bearing animals, to the super-
vision of the Pribilof Islands and the care of the natives thereof, and
to the Whaling Treaty Act, are hereby transferred to, and shall be
exercised by, the Secretary of the Interior.
(/) Bureau of Biological Survey.—The Bureau of Biological Sur-
vey in the Department of Agriculture and its functions are hereby
transferred to the Department of the Interior and shall be adminis-
tered in that Department under the direction and supervision of the
Secretary
[p. 1433]
of the Interior. The functions of the Secretary of Agriculture re-
lating to the conservation of wild life, game, and migratory birds
are hereby transferred to, and shall be exercised by, the Secretary
of the Interior. The provisions of the Act of May 18, 1934 (c. 299,
48 Stat. 780), as amended by the Act of February 8, 1936 (c. 40,
49 Stat. 1105), insofar as they relate to officers or employees of
the Department of Agriculture designated by the Secretary of
Agriculture to enforce any act of Congress for the protection, preser-
vation or restoration of game and other wild life and animals shall
apply to officers and employees of the Department of the Interior
designated by the Secretary of the Interior to exercise and discharge
such duties.
[p. 1434]
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2900 LEGAL COMPILATION—WATER
1.27b(l) MESSAGE FROM THE PRESIDENT OF THE
UNITED STATES
H.R. DOC. No. 288, 76th Cong., 1st Sess. (1939)
SECOND PLAN ON GOVERNMENT REORGANIZATION
MESSAGE
FROM
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
REORGANIZATION PLAN NO. II
MAY 9, 1939.—Referred to the Select Committee on Government Organization
and ordered to be printed
To the Congress of the United States:
Pursuant to the provisions of the Reorganization Act of 1939
(Public, No. 19, 76th Cong., 1st sess.) approved April 3, 1939, I
herewith transmit Reorganization Plan No. II, which, after investi-
gation, I have prepared in accordance with the provisions of section
4 of the act; and I declare that with respect to each transfer, con-
solidation, or abolition made in Reorganization Plan No. II, I have
found that such transfer, consolidation, or abolition is necessary to
accomplish one or more of the purposes of section 1 (a) of the act.
[P- 1]
The plan provides for the transfer to the Department of the Interior
of the Bureau of Fisheries from the Department of Commerce and of
the Bureau of Biological Survey from the Department of Agriculture.
These two Bureaus have to do with conservation and utilization of
the wildlife resources of the country, terrestrial and aquatic. There-
fore, they should be grouped under the same departmental adminis-
tration, and in that Department which, more than any other, is
directly responsible for the administration and conservation of the
-------
STATUTES AND LEGISLATIVE HISTORY 2901
public domain. However, I intend to direct that the facilities of the
Department of Agriculture shall continue to be used for research
studies which have to do with the protection of domestic animals
from diseases of wildlife; and also where most economical for the
protection to farmers and stockmen against predatory animals.
[p. 4]
(e) Bureau of Fisheries.—The Bureau of Fisheries in the Depart-
ment of Commerce and its functions are hereby transferred to the
Department of the Interior and shall be administered in that Depart-
ment under the direction and supervision of the Secretary of the
Interior. The functions of the Secretary of Commerce relating to the
protection of fur seals and other fur-bearing animals, to the super-
vision of the Pribilof Islands and the care of the natives thereof, and
to the Whaling Treaty Act, are hereby transferred to, and shall be
exercised by, the Secretary of the Interior.
(f) Bureau of Biological Survey.—The Bureau of Biological Sur-
vey in the Department of Agriculture and its functions are hereby
transferred to the Department of the Interior and shall be adminis-
tered in that Department under the direction and supervision of the
Secretary of the Interior. The functions of the Secretary of Agricul-
ture relating to the conservation of wildlife, game, and migratory
birds are hereby transferred to, and shall be exercised by, the
Secretary of the Interior. The provisions of the Act of May 18, 1934
(c. 299, 48 Stat. 780), as amended by the Act of February 8, 1936
(c. 40, 49 Stat. 1105), insofar as they relate to officers or employees
of the Department of Agriculture designated by the Secretary of
Agriculture to enforce any act of Congress for the protection, preser-
vation, or restoration of game and other wildlife and animals shall
apply to officers and employees of the Department of the Interior
designated by the Secretary of the Interior to exercise and discharge
such duties.
[p. 10]
1.27c 1940 REORGANIZATION PLAN NO. Ill
§3, 54 Stat. 1232
DEPARTMENT OF THE INTERIOR
SEC. 3. Fish and Wildlife Service.—The Bureau of Fisheries and
the Bureau of Biological Survey in the Department of the Interior
with their respective functions are consolidated into one agency in the
Department of the Interior to be known as the Fish and Wildlife
Service. The functions of the consolidated agency shall be adminis-
tered under the direction and supervision of the Secretary of the
Interior by a Director and not more than two Assistant Directors,
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2902 LEGAL COMPILATION—WATER
who shall be appointed by the Secretary and perform such duties as
he shall prescribe. The offices of Commissioner and Deputy Com-
missioner of Fisheries and the offices of Chief and Associate Chief of
the Bureau of Biological Survey are abolished and their functions
transferred to the consolidated agency.
[p. 1232]
1.27c(l) MESSAGE FROM THE PRESIDENT OF THE
UNITED STATES
H.R. DOC. No. 681, 76th Cong., 3rd Sess. (1940)
THIRD PLAN ON GOVERNMENT REORGANIZATION
MESSAGE
FROM
THE PRESIDENT OF THE UNITED STATES
TRANSMITTING
REORGANIZATION PLAN NO. Ill, WHICH WAS PREPARED
IN ACCORDANCE WITH THE PROVISIONS OF SECTION
4 OF THE REORGANIZATION ACT OF 1939 (PUBLIC, NO.
19, 76TH CONG., 1ST SESS.), APPROVED APRIL 3, 1939
APRIL 2, 1940.—Referred to the Select Committee on Government Organization
and ordered to be printed
To the Congress of the United States:
When I submitted Reorganization Plans I and II at the last regular
session of Congress, I indicated that certain reorganizations of an
intradepartmental character were necessary but that detailed study
would be required for the preparation of specific plans. Since that
time the heads of the executive departments and my own office have
continued to study the internal organization of the several agencies
of the Government. I have considered recommendations made to
me as a result of these studies and have found it possible to make a
number of needed improvements of organization by administrative
-------
STATUTES AND LEGISLATIVE HISTORY 2903
action. In other instances, I can effect the necessary changes only
under the procedure set up in the Reorganization Act of 1939.
*******
[p. 1]
DEPARTMENT OF THE INTERIOR
Reorganization Plan II transferred the Bureau of Fisheries of the
Department of Commerce and the Bureau of Biological Survey of the
Department of Agriculture to the Department of the Interior and
thus concentrated in one department the two bureaus responsible
for the conservation and utilization of the wildlife resources of the
Nation. On the basis of experience gained since this transfer, I find
it necessary and desirable to consolidate these units into a single
bureau to be known as the Fish and Wildlife Service.
The Bureau of Biological Survey administers Federal laws relating
to birds, land mammals, and amphibians whereas the Bureau of
Fisheries deals with fishes, marine mammals, and other aquatic an-
imals. The natural areas of operation of these two bureaus frequently
coincide, and their activities are interrelated and similar in char-
acter. Consolidation will eliminate duplication of work, facilitate co-
ordination of programs, and improve service to the public.
Another provision relating to the Department of the Interior is the
abolition of the statutory office of Recorder of the General Land Of-
fice. This office is a relic of the quill-and-sand-box period in the
transcription of land records. Its duties can readily be absorbed by
the regular civil-service personnel of the Land Office.
[p. 3]
1.27d TO AMEND THE ACT OF MARCH 10, 1934
August 14, 1946, P.L. 79-732, 60 Stat. 1080
An Act To amend the Act of March 10, 1934, entitled "An Act to promote the
conservation of wildlife, fish, and game, and for other purposes"
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act of
March 10, 1934 (48 Stat. 401), is hereby amended to read as follows:
"In order to promote effectual planning, development, maintenance,
and coordination of wildlife conservation and rehabilitation in the
United States, its Territories and possessions,' the Secretary of the
Interior, through the Fish and Wildlife Service, is authorized (a) to
provide assistance to, and cooperate with, Federal, State, and public
or private agencies and organizations in the development, protection,
rearing, and stocking of all species of wildlife, resources thereof, and
their habitat, in controlling losses of the same from disease or other
-------
2904 LEGAL COMPILATION—WATER
causes, in minimizing damages from overabundant species, in provid-
ing public shooting areas, and in carrying out other measures neces-
sary to effectuate the purposes of this Act; and (b) to make surveys
and investigations of the wildlife of the public domain, including
lands and waters or interests therein acquired or controlled by any
agency of the United States.
"SEC. 2. Whenever the waters of any stream or other body of water
are authorized to be impounded, diverted, or otherwise controlled
for any purpose whatever by any department or agency of the United
States, or by any public or private agency under Federal permit,
such department or agency first shall consult with the Fish and
Wildlife Service and the head of the agency exercising administra-
tion over the wildlife resources of the State wherein the impound-
ment, diversion, or other control facility is to be constructed with a
view to preventing loss of and damage to wildlife resources, and the
reports and recommendations of the Secretary of the Interior and
of the head of the agency exercising administration over the wildlife
resources of the State, based on surveys and investigations conducted
by the Fish and Wildlife Service and by the said head of the agency
exercising administration over the wildlife resources of the State,
for the purpose of determining the possible damage to wildlife re-
sources and of the means and measures that should be adopted to
prevent loss of and damage to wildlife resources, shall be made an
integral part of any report submitted by any agency of the Federal
Government responsible for engineering surveys and construction of
such projects.
[p. 1080]
"The cost of planning for and the construction or installation and
maintenance of any such means and measures shall be included in
and shall constitute an integral part of the costs of such projects:
Provided, That, in the case of projects hereafter authorized to be
constructed, operated, and maintained in accordance with the Federal
reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts
amendatory thereof or supplementary thereto), the Secretary of the
Interior shall, in addition to allocations to be made under section 9
of the Reclamation Project Act of 1939 (53 Stat. 1187), make findings
on the part of the estimated cost of the project which can properly be
allocated to the preservation and propagation of fish and wildlife, and
costs allocated pursuant to such findings shall not be reimbursable.
In the case of construction by a Federal agency, that agency is
authorized to transfer, out of appropriations or other funds made
available for surveying, engineering, or construction to the Fish and
Wildlife Service, such funds as may be necessary to conduct the
-------
STATUTES AND LEGISLATIVE HISTORY 2905
investigations required by this section to be made by it.
"SEC. 3. Whenever the waters of any stream or other body of
water are impounded, diverted, or otherwise controlled for any
purpose whatever by any department or agency of the United States,
adequate provision consistent with the primary purposes of such im-
poundment, diversion, or other control shall be made for the use
thereof, together with any areas of land, or interest therein, acquired
or administered in connection therewith, for the conservation, main-
tenance, and management of wildlife, resources thereof, and its
habitat thereon. In accordance with general plans, covering the
use of such waters and other interests for these purposes, approved
jointly by the head of the department or agency exercising primary
administration thereof, the Secretary of the Interior, and the head of
the agency exercising administration over the wildlife resources of the
State wherein the waters and areas lie, such waters and other
interests shall be made available without cost for administration (a)
by such State agency, if the management thereof for the conservation
of wildlife relates to other than migratory birds; (b) by the Secretary
of the Interior, if the waters and other interests have particular value
in carrying out the national migratory bird management program.
"SEC. 4. Such areas as are made available to the Secretary of the
Interior for the purposes of this Act under sections 1 and 3, or by
any other law, proclamation, or Executive order, shall be admin-
istered directly or under cooperative agreements entered into pur-
suant to the provisions of section 1 by the Secretary of the Interior
under such rules and regulations for the conservation, maintenance,
and management of wildlife, resources thereof, and its habitat
thereon, as may be adopted by him in accordance with general plans
approved jointly by the Secretary of the Interior and the head of the
department or agency exercising primary administration of such
areas: Provided, That such rules and regulations shall not be incon-
sistent with the laws for the protection of fish and game of the States
in which such area is situated.
"SEC. 5. The Secretary of the Interior, through the Fish and
Wildlife Service and the Bureau of Mines, is authorized to make
such investigations as he deems necessary to determine the effects
of domestic sewage, mine, petroleum, and industrial wastes, erosion
silt, and other polluting substances on wildlife, and to make reports
to the Congress concerning such investigations and of recommenda-
tions for alleviating dangerous and undesirable effects of such pollu-
tion. These investigations shall include (1) the determination of
standards of water quality for the maintenance of wildlife; (2) the
[p. 1081]
-------
2906 LEGAL COMPILATION—WATER
study of methods of abating and preventing pollution, including
methods for the recovery of useful or marketable products and by-
products of wastes; and (3) the collation and distribution of data on
the progress and results of such investigations for the use of Federal,
State, municipal, and private agencies, individuals, organizations, or
enterprises.
"SEC. 6. There is authorized to be appropriated from time to time,
out of any money in the Treasury not otherwise appropriated, such
amounts as may be necessary to carry out the provisions of this Act
and regulations made pursuant thereto, including the construction
of such facilities, buildings, and other improvements necessary for
economical administration of areas made available to the Secretary
of the Interior under this Act, and the employment in the city of
Washington and elsewhere of such persons and means as the
Secretary of the Interior may deem necessary for such purposes.
"SEC. 7. Any person who shall violate any rule or regulation pro-
mulgated in accordance with this Act shall be guilty of a misdemeanor
and upon conviction thereof shall be fined not more than $500 or
imprisoned for not more than one year, or both.
"SEC. 8. The terms 'wildlife' and 'wildlife resources' as used herein
include birds, fishes, mammals, and all other classes of wild animals
and all types of aquatic and land vegetation upon which wildlife is
dependent.
"SEC. 9. The provisions of this Act shall not apply to the Tennessee
Valley Authority."
Approved August 14, 1946.
[p. 1082]
-------
STATUTES AND LEGISLATIVE HISTORY 2907
1.27d(l) HOUSE COMMITTEE ON AGRICULTURE
H.R. REP. No. 1944, 79th Cong., 2d Sess. (1946)
RELATING TO THE COORDINATION OF ACTIVITIES FOR
THE CONSERVATION OF WILDLIFE, FISH, AND GAME
APRIL 17, 1946.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. FLANNAGAN, from the Committee on Agriculture, submitted the
following
REPORT
[To accompany H.R. 6097]
The Committee on Agriculture, to whom was referred the bill
(H.R. 6097) to amend the act of March 10, 1934, entitled "An act to
promote the conservation of wildlife, fish, and game, and for other
purposes," having considered the same, report thereon with a recom-
mendation that it do pass.
STATEMENT
The proposed bill would place in effect a much-needed program
and facilities for the effectual planning, maintenance, and coordina-
tion of wildlife conservation, management, and rehabilitation. Al-
though such a program was contemplated by the act of March 10,
1934 (48 Stat. 401), that legislation has proved to be inadequate in
many respects and it now is proposed that it be amended to provide
for more adequate procedures. With the ever-increasing pressure on
the important national wildlife resources of the country, both because
of extensive economic developments that have materially reduced the
habitat heretofore available in the production of wildlife and because
of the extended interest in the resource as a source of food and recre-
ational enjoyment, it is essential that the plans for wildlife manage-
ment be intelligently coordinated and given the necessary Federal
assistance if this great national resource is to maintain its proper
relation to the other resources of the country. Notwithstanding the
widespread interest in wildlife of the hunting public, which rep-
resents an extremely large cross section of humanity, no unified effort,
-------
2908 LEGAL COMPILATION—WATER
except with respect to certain migratory species, has been possible in
the past.
A number of public hearings on several similar measures were held
by the committee and, as a result of these hearings, the more impor-
tant features of those measures together with suggested amendments
[p. 1]
now have been incorporated in the provisions of H.R. 6097. The gen-
eral purposes of the bill, namely the coordination of wildlife conserva-
tion, management, and rehabilitation, have wide support and the
committee believes that the proposed bill reflects nearly all, if not
all, of the various viewpoints with respect to the manner in which
coordination of somewhat diverse interests may be accomplished.
State and Federal conservation interests working independently
cannot adequately develop and maintain a resource that has no
knowledge of, and give no heed to, county, State, or even inter-
national boundaries. A number of the States already have developed
effective organizations and programs for the development and main-
tenance of the wildlife resources within their boundaries. However,
the migrant nature of the resource is such that there is no assurance
that these programs will result in continuing benefits even to the
States wherein effective management steps already have been taken.
Other States have not as yet developed adequate wildlife management
programs either because the State legislatures have not seen fit to
provide sufficient funds or, in other instances, because proper studies
of problems involved have not been made. Again the relationship
between wildlife as a resource and other economic developments has
not been fully understood or effectively correlated.
From time to time both Federal and State agencies have made
many impoundments, diversions, or other uses of waters that need-
lessly have destroyed the habitat upon which wildlife is dependent.
Such destruction has been needless in the sense that these otherwise
necessary economic developments could have been carried out, in
many instances, without destroying wildlife or its habitat if adequate
and reasonable provision had been made for the use of the lands and
waters involved in such developments for wildlife conservation as a
secondary use. Restoration of the proper balance between uses of
the lands and waters made by man and those made by wildlife may
involve difficult problems and require considerable thought, but the
solving of such problems is not impossible if intelligently handled.
In addition to providing for the necessary authority to cooperate
with, and give assistance to, State and private agencies and organiza-
tions in all phases of wildlife conservation and protection, the pro-
posed bill also would make available for administration for wildlife
-------
STATUTES AND LEGISLATIVE HISTORY 2909
conservation purposes by State, public, or private agencies or organ-
izations areas of land and water acquired by the Federal Government
primarily for flood control, irrigation, and other uses but, at the same
time, adaptable for the secondary use of wildlife conservation. This
feature of the bill alone is extremely important in facilitating proper
cooperation in the management of the wildlife resource as well as in
affording additional opportunity for the protection and management
of the resource.
Both in the consideration of the proposed legislation before the
committee and in the consideration of other legislation relating to
flood control and similar matters, considerable discussion has been
had with respect to the part that the States should play in the plan-
ning for impoundments, diversions, and other water-control facilities
constructed or authorized by the Federal Government insofar as
such planning would serve either as a means of mitigating damage to
wildlife or as affording an opportunity to utilize the proposed facilities
for the benefit of wildlife. Although it is impossible to outline specifi-
cally in legislation all of the steps that should be taken in planning
[p. 2]
flood control, irrigation, and similar projects so as to provide also for
the conservation of wildlife resources, it is believed that the second
and third paragraphs of the bill establish adequate procedures for the
proper coordination of these seemingly diverse interests. As drafted,
these two sections require coordination between constructing and
operating agencies of both the Federal and State Governments not
alone after flood control, irrigation, or impoundment projects have
been started but also in connection with the initial planning for such
projects. This type of coordination is extremely important from the
standpoint of economical planning and construction as well as from
the standpoint of effectuating conservation of wildlife. There have
been many instances in the past where minor changes in construction
plans could have been made for the benefit of wildlife resources with-
out increasing materially the cost of a project if consideration of the
possible wildlife interests had been included in the initial planning of
such projects. It should be noted, however, that the bill purposely
does not provide for the curtailment of flood control, irrigation, and
other impoundment programs for the sole benefit of wildlife resources
but rather it provides simply that due consideration be given to the
requirements of these resources as well as the requirements of such
other resources as may be affected by those programs.
During the course of hearings on the bill a question was raised by
the Department of Agriculture as to whether certain provisions of the
bill would make any change in the existing jurisdiction of that De-
-------
2910 LEGAL COMPILATION—WATER
partment over the administration of wildlife resources within the na-
tional forests or other lands under its control. It is the opinion of the
committee that the provisions of the bill, and particularly those found
in sections 2, 3, and 4, do not alter in any way the primary responsi-
bilities for the administration of lands now vested in any agency of
the Government, and the committee wishes to make it clear that other
than to require consultation with the States in future water im-
pounding or diversion projects, that it is not the intent of the bill to
make any change in the jurisdiction of the Department of Agriculture
over such areas or the resources thereof.
Section 5 of the bill authorizes the Secretary of the Interior,
through the Fish and Wildlife Service and the Bureau of Mines, to
study the effects of domestic sewerage, lime, petroleum, and industrial
wastes, erosion silt, and other polluting substances, on wildlife, and to
make reports to the Congress concerning such investigations. Stream
and water pollution has become in some instances a threat to public
health, as well as a menace to aquatic life.
The studies of that problem authorized to be made should furnish
the basis for appropriate Federal and State legislation on the subject.
In compliance with clause 2a of rule XIII of the House of Repre-
sentatives, there is set forth below in black brackets the entire text
of the act of March 10, 1934, which the reported bill would supersede:
[[PUBLIC—No. 121—73D CONGRESS]
[[S. 2529]
[AN ACT To promote the conservation of wildlife, fish, and game, and for other purposes
[Be it enacted by the Senate and House of Representatives of the United States of
America in Congress assembled, That the Secretary of Agriculture and the Secre-
tary of Commerce are authorized to provide expert assistance to and to cooperate
with Federal, State, and other agencies in the rearing, stocking, and increasing
[p. 3]
the supply of game and fur-bearing animals and fish, in combating diseases, and
in developing a Nation-wide program of wild-life conservation and rehabilitation.
[SEC. 2. The Secretary of Agriculture and the Secretary of Commerce are
authorized to make such investigations as they may deem necessary to determine
the effects of domestic sewage, trade wastes, and other polluting substances on
wildlife, with special reference to birds, mammals, fish, and shellfish, and to
make reports to the Congress of their investigations with recommendations for
remedial measures. Such investigations shall include studies of methods for the
recovery of wastes and the collation of data on the progress being made in these
fields for the use of Federal, State, municipal, and private agencies.
[SEC. 3. (a) Whenever the Federal Government through the Bureau of Recla-
mation or otherwise, impounds water for any use, opportunity shall be given to the
Bureau of Fisheries and/or the Bureau of Biological Survey to make such uses of
the impounded waters for fish-culture stations and migratory-bird resting and
nesting areas as are not inconsistent with the primary use of the waters and/or
the constitutional rights of the States. In the case of any waters heretofore
-------
STATUTES AND LEGISLATIVE HISTORY 2911
impdunded by the United States, through the Bureau of Reclamation or other-
wise, the Bureau of Fisheries and/or the Bureau of Biological Survey may consult
with the Bureau of Reclamation or other governmental agency controlling the
impounded waters, with a view to securing a greater biological use of the waters
not inconsistent with their primary use and/or the constitutional rights of the
States and make such proper uses thereof as are not inconsistent with the primary
use of the waters and/or the constitutional rights of the States.
[(b) Hereafter, whenever any dam is authorized to be constructed, either by
the Federal Government itself or by any private agency under Government permit,
the Bureau of Fisheries shall be consulted, and before such construction is begun or
permit granted, when deemed necessary, due and adequate provision, if economi-
cally practicable, shall be made for the migration of fish life from the upper to the
lower and from the lower to the upper waters of said dam by means of fish lifts,
ladders, or other devices.
[SEC. 4. The Office of Indian Affairs, the Bureau of Fisheries, and the Bureau
of Biological Survey are authorized, jointly, to prepare plans for the better protec-
tion of the wildlife resources, including fish, migratory waterfowl, and upland
game birds, game animals and fur-bearing animals, upon all the Indian reservations
and unallotted Indian lands coming under the supervision of the Federal Govern-
ment. When such plans have been prepared they shall be promulgated by the
Secretary of the Interior, the Secretary of Commerce, and the Secretary of Agri-
culture, who are authorized to make the necessary regulations for enforcement
thereof and from time to time to change, alter, or amend such regulations.
[SEC. 5. The Bureau of Biological Survey and the Bureau of Fisheries are
hereby authorized to make surveys of the wildlife resources of the public domain
or of any lands owned or leased by the Government, to conduct such investiga-
tions as may be necessary for the development of a program for the maintenance
of an adequate supply of wildlife in these areas, to establish thereon game farms
and fish-cultural stations commensurate with the need for replenishing the supply
of game and fur-bearing animals and fish, and, in cooperation with the National
Park Service, The Forest Service, or other Federal agencies, the State agencies,
to coordinate and establish adequate measures for wildlife control on such game
farms and fish-cultural stations: Provided, That no such game farm shall here-
after be established in any State without the consent of the legislature of that
State.
[SEC. 6. In carrying out the provisions of this Act the Federal agencies charged
with its enforcement may cooperate with other Federal agencies and with States,
counties, municipalities, individuals, and public and private agencies, organiza-
tions, and institutions, and may accept donations of lands, funds, and other aids
to the development of the program authorized in this Act: Provided, however,
That no such donations of land shall be accepted without consent of the legisla-
ture of the State in which such land may be situated: Provided, That no authority
is given in this Act for setting up any additional bureau or division in any depart-
ment or commission, and shall not authorize any additional appropriation for
carrying out its purposes.
[Approved, March 10, 1934.]
[p. 4]
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2912 LEGAL COMPILATION—WATER
1.27d(2) SENATE COMMITTEE ON AGRICULTURE
S. REP. No. 1698, 79th Cong., 2d Sess. (1946)
TO AMEND THE ACT OF MARCH 10, 1934, ENTITLED "AN
ACT TO PROMOTE THE CONSERVATION OF WILDLIFE,
FISH, AND GAME
JULY 10 (legislative day, JULY 5), 1946.—Ordered to be printed
Mr. THOMAS of Oklahoma, from the Committee on Agriculture and
Forestry, submitted the following
REPORT
[To accompany H.R. 6097]
The Committee on Agriculture and Forestry, to whom was referred
the bill (H.R. 6097) to amend the act of March 10, 1934, entitled "An
act to promote the conservation of wildlife, fish, and game, and for
other purposes," having considered same, report thereon with the
recommendation that it do pass with the following amendment:
On page 6, line 25, after the word "authorized", strike out the fol-
lowing words "and directed".
The report of the House of Representatives on said bill is hereby
submitted as the report of the Senate committee as follows:
[H. Kept. No. 1944, 79th Cong., 2d Sess.]
The Committee on Agriculture, to whom was referred the bill (H.R. 6097) to
amend the act of March 10, 1934, entitled "An act to promote the conservation of
wildlife, fish, and game, and for other purposes," having considered the same,
report thereon with a recommendation that it do pass.
STATEMENT
The proposed bill would place in effect a much-needed program and facilities
for the effectual planning, maintenance, and coordination of wildlife conserva-
tion, management, and rehabilitation. Although such a program was contem-
plated by the act of March 10, 1934 (48 Stat. 401), that legislation has proved to
be inadequate in many respects and it now is proposed that it be amended to
provide for more adequate procedures. With the ever-increasing pressure on
the important national wildlife resources of the country, both because of exten-
sive economic developments that have materially reduced the habitat heretofore
available in the production of wildlife and because of the extended interest in the
resource as a source of food and recreational enjoyment, it is essential that the
plans for wildlife management be intelligently coordinated and given the neces-
-------
STATUTES AND LEGISLATIVE HISTORY 2913
sary Federal assistance if this great national resource is to maintain its proper
relation to the other resources of the country. Notwithstanding the widespread
interest in wildlife of the hunting public, which represents an extremely large
[p.l]
cross section of humanity, no unified effort, except with respect to certain migra-
tory species, has been possible in the past.
A number of public hearings on several similar measures were held by the
committee and, as a result of these hearings, the more important features of those
measures together with suggested amendments now have been incorporated in
the provisions of H.R. 6097. The general purposes of the bill, namely the coordi-
nation of wildlife conservation, management, and rehabilitation, have wide sup-
port and the committee believes that the proposed bill reflects nearly all, if not
all, of the various viewpoints with respect to the manner in which coordination of
somewhat diverse interests may be accomplished.
State and Federal conservation interests working independently cannot ade-
quately develop and maintain a resource that has no knowledge of, and gives no
heed to, county, State, or even international boundaries. A number of the States
already have developed effective organizations and programs for the development
and maintenance of the wildlife resources within their boundaries. However, the
migrant nature of the resource is such that there is no assurance that these pro-
grams will result in continuing benefits even to the States wherein effective
management steps already have been taken. Other States have not as yet devel-
oped adequate wildlife management programs either because the State legislatures
have not seen fit to provide sufficient funds or, in other instances, because proper
studies of problems involved have not been made. Again the relationship be-
tween wildlife as a resource and other economic developments has not been fully
understood or effectively correlated.
From time to time both Federal and State agencies have made many impound-
ments, diversions, or other uses of waters that needlessly have destroyed the
habitat upon which wildlife is dependent. Such destruction has been needless in
the sense that these otherwise necessary economic developments could have been
carried out, in many instances, without destroying wildlife or its habitat if ade-
quate and reasonable provision had been made for the use of the lands and waters
involved in such developments for wildlife conservation as a secondary use.
Restoration of the proper balance between uses of the lands and waters made by
man and those made by wildlife may involve difficult problems and require
considerable thought, but the solving of such problems is not impossible if intel-
ligently handled.
In addition to providing for the necessary authority to cooperate with, and give
assistance to, State and private agencies and organizations in all phases of wildlife
conservation and protection, the proposed bill also would make available for
administration for wildlife conservation purposes by State, public, or private
agencies or organizations areas of land and water acquired by the Federal Govern-
ment primarily for flood control, irrigation, and other uses but, at the same time,
adaptable for the secondary use of wildlife conservation. This feature of the bill
alone is extremely important in facilitating proper cooperation in the management
of the wildlife resource as well as in affording additional opportunity for the
protection and management of the resource.
Both in the consideration of the proposed legislation before the committee and
in the consideration of other legislation relating to flood control and similar mat-
ters, considerable discussion has been had with respect to the part that the States
should play in the planning for impoundments, diversions, and other water-control
-------
2914 LEGAL COMPILATION—WATER
facilities constructed or authorized by the Federal Government insofar as such
planning would serve either as a means of mitigating damage to wildlife or as
affording an opportunity to utilize the proposed facilities for the benefit of wild-
life. Although it is impossible to outline specifically in legislation all of the steps
that should be taken in planning flood control, irrigation, and similar projects so
as to provide also for the conservation of wildlife resources, it is believed that the
second and third paragraphs of the bill establish adequate procedures for the
proper coordination of these seemingly diverse interests. As drafted, these two
sections require coordination between constructing and operating agencies of both
the Federal and State Governments not alone after flood control, irrigation, or
impoundment projects have been started but also in connection with the initial
planning for such projects. This type of coordination is extremely important
from the standpoint of economical planning and construction as well as from the
standpoint of effectuating conservation of wildlife. There have been many in-
stances in the past where minor changes in construction plans could have been
made for the benefit of wildlife resources without increasing materially the cost
of a project if consideration of the possible wildlife interests had been included
in the initial planning of such projects. It should be noted, however, that the
bill purposely does not provide for the curtailment of flood control, irrigation,
[p. 2]
and other impoundment programs for the sole benefit of wildlife resources but
rather it provides simply that due consideration be given to the requirements of
these resources as well as the requirements of such other resources as may be
affected by those programs.
During the course of hearings on the bill a question was raised by the Depart-
ment of Agriculture as to whether certain provisions of the bill would make any
change in the existing jurisdiction of that Department over the administration of
wildlife resources within the national forests or other lands under its control.
It is the opinion of the committee that the provisions of the bill, and particularly
those found in sections 2. 3, and 4. do not alter in any way the primary responsi-
bilities for the administration of lands now vested in any agency of the Govern-
ment, and the committee wishes to make it clear that other than to require
consultation with the States in future water impounding or diversion projects,
that it is not the intent of the bill to make any change in the jurisdiction of the
Department of Agriculture over such areas or the resources thereof.
Section 5 of the bill authorizes the Secretary of the Interior, through the Fish
and Wildlife Service and the Bureau of Mines, to study the effects of domestic
sewerage, lime, petroleum, and industrial wastes, erosion silt, and other polluting
substances, on wildlife, and to make reports to the Congress concerning such
investigations. Stream and water pollution has become in some instances a
threat to public health, as well as a menace to aquatic life.
The studies of that problem authorized to be made should furnish the basis for
appropriate Federal and State legislation on the subject.
In compliance with clause 2a of rule XIII of the House of Representatives,
there is set forth below in black brackets the entire text of the act of March 10,
1934, which the reported bill would supersede:
[[PUBLIC—No. 121—73D CONGRESS]
ItS. 2529]
[AN ACT To promote the conservation of wildlife, fish, and game, and for other purposes
[Be it enacted by the Senate and House of Representatives of the United States of
-------
STATUTES AND LEGISLATIVE HISTORY 2915
America in Congress assembled, That the Secretary of Agriculture and the Secre-
tary of Commerce are authorized to provide expert assistance to and to cooperate
with Federal, State, and other agencies in the rearing, stocking, and increasing
the supply of game and fur-bearing animals and fish, in combating diseases, and
in developing a Nation-wide program of wild-life conservation and rehabilitation.
[SEC. 2. The Secretary of Agriculture and the Secretary of Commerce are
authorized to make such investigations as they may deem necessary to determine
the effects of domestic sewage, trade wastes, and other polluting substances on
wildlife, with special reference to birds, mammals, fish, and shellfish, and to
make reports to the Congress of their investigations with recommendations for
remedial measures. Such investigations shall include studies of methods for the
recovery of wastes, and the collation of data on the progress being made in these
fields for the use of Federal, State, municipal, and private agencies.
[SEC. 3. (a) Whenever the Federal Government through the Bureau of Recla-
mation or otherwise, impounds water for any use, opportunity shall be given to the
Bureau of Fisheries and/or the Bureau of Biological Survey to make such uses of
the impounded waters for fish-culture stations and migratory-bird resting and
nesting areas as are not inconsistent with the primary use of the waters and/or
the constitutional rights of the States. In the case of any waters heretofore
impounded by the United States, through the Bureau of Reclamation or other-
wise, the Bureau of Fisheries and/or the Bureau of Biological Survey may consult
with the Bureau of Reclamation or other governmental agency controlling the
impounded waters, with a view to securing a greater biological use of the waters
not inconsistent with their primary use and/or the constitutional rights of the
States and make such proper uses thereof as are not inconsistent with the primary
use of the waters and/or the constitutional rights of the States.
[(b) Hereafter, whenever any dam is authorized to be constructed, either by
the Federal Government itself or by any private agency under Government permit,
the Bureau of Fisheries shall be consulted, and before such construction is begun
or permit granted, when deemed necessary, due and adequate provision, if eco-
nomically practicable, shall be made for the migration of fish life from the upper to
the lower and from the lower to the upper waters of said dam by means of fish lifts,
ladders, or other devices.
[p. 3]
[SEC. 4. The Office of Indian Affairs, the Bureau of Fisheries, and the Bureau
of Biological Survey are authorized, jointly, to prepare plans for the better protec-
tion of the wildlife resources, including fish, migratory waterfowl, and upland
game birds, game animals and fur-bearing animals, upon all the Indian reserva-
tions and unallotted Indian lands coming under the supervision of the Federal
Government. When such plans have been prepared they shall be promulgated by
the Secretary of the Interior, the Secretary of Commerce, and the Secretary of
Agriculture, who are authorized to make the necessary regulations for enforce-
ment thereof and from time to time to change, alter, or amend such regulations.
[SEC. 5. The Bureau of Biological Survey and the Bureau of Fisheries are
hereby authorized to make surveys of the wildlife resources of the public domain
or of any lands owned or leased by the Government, to conduct such investiga-
tions as may be necessary for the development of a program for the maintenance
of an adequate supply of wildlife in these areas, to establish thereon game farms
and fish-cultural stations commensurate with the need for replenishing the supply
of game and fur-bearing animals and fish, and, in cooperation with the National
Park Service, The Forest Service, or other Federal agencies, the State agencies,
to coordinate and establish adequate measures for wildlife control on such game
-------
2916 LEGAL COMPILATION—WATER
farms and fish-cultural stations: Provided, That no such game farm shall here-
after be established in any State without the consent of the legislature of that
State.
[SEC. 6. In carrying out the provisions of this Act the Federal agencies charged
with its enforcement may cooperate with other Federal agencies and with States,
counties, municipalities, individuals, and public and private agencies, organiza-
tions, and institutions, and may accept donations of lands, funds, and other aids
to the development of the program authorized in this Act: Provided, however,
That no such donations of land shall be accepted without consent of the legisla-
ture of the State in which such land may be situated: Provided, That no authority
is given in this Act for setting up any additional bureau or division in any depart-
ment or commission, and shall not authorize any additional appropriation for
carrying out its purposes.
[Approved, March 10,1934.]
tP-4]
1.27d(3) SENATE COMMITTEE ON AGRICULTURE
S. REP. No. 1748, 79th Cong., 2d Sess. (1946)
AMENDING THE ACT OF MARCH 10, 1934, ENTITLED "AN
ACT TO PROMOTE THE CONSERVATION OF WILDLIFE,
FISH, AND GAME"
JULY 19 (legislative day, JULY 5), 1946.—Ordered to be printed
Mr. THOMAS of Oklahoma, from the Committee on Agriculture and
Forestry, submitted the following
REPORT
[To accompany H.R. 6097]
The Committee on Agriculture and Forestry, to whom was re-
committed the bill (H.R. 6097) to amend the act of March 10, 1934,
entitled "An act to promote the conservation of wildlife, fish, and
game, and for other purposes," having considered same, report
thereon with the recommendation that it do pass with the following
amendment:
On page 7, line 4, after the word "shall" insert the following words
"with due respect to the needs of navigation and flood control."
The bill (H.R. 6097) was referred to this committee on May 9, 1946,
and on July 10, 1946, reported the bill favorably to the Senate with an
amendment. A copy of said report (S. Rept. 1698) is attached hereto
and made a part of this report.
-------
STATUTES AND LEGISLATIVE HISTORY 2917
[H. Rept. No. 1698, 79th Cong., 2d sess.]
The Committee on Agriculture and Forestry, to whom was referred the bill
(H.R. 6097) to amend the act of March 10, 1934, entitled "An act to promote
the conservation of wildlife, fish, and game, and for other purposes," having
considered same, report thereon with the recommendation that it do pass with
the following amendment:
On page 6, line 25, after the word "authorized", strike out the following words
"and directed".
The report of the House of Representatives on said bill is hereby submitted
as the report of the Senate committee as follows:
[H. Rept. No. 1944, 79th Cong., 2d sess.]
The Committee on Agriculture, to whom was referred the bill (H.R. 6097)
to amend the act of March 10, 1934, entitled "An act to promote the conserva-
tion of wildlife, fish, and game, and for other purposes," having considered the
same, report thereon with a recommendation that it do pass.
[p. 1]
STATEMENT
The proposed bill would place in effect a much-needed program and facilities
for the effectual planning, maintenance, and coordination of wildlife conserva-
tion, management, and rehabilitation. Although such a program was contem-
plated by the act of March 10, 1934 (48 Stat. 401), that legislation has proved to
be inadequate in many respects and it now is proposed that it be amended to
provide for more adequate procedures. With the ever-increasing pressure on
the important national wildlife resources of the country, both because of exten-
sive economic developments that have materially reduced the habitat heretofore
available in the production of wildlife and because of the extended interest in the
resource as a source of food and recreational enjoyment, it is essential that the
plans for wildlife management be intelligently coordinated and given the neces-
sary Federal assistance if this great national resource is to maintain its proper
relation to the other resources of the country. Notwithstanding the widespread
interest in wildlife of the hunting public, which represents an extremely large
cross section of humanity, no unified effort, except with respect to certain migra-
tory species, has been possible in the past.
A number of public hearings on several similar measures were held by the
committee and, as a result of these hearings, the more important features of those
measures together with suggested amendments now have been incorporated in
the provisions of H.R. 6097. The general purposes of the bill, namely the coordi-
nation of wildlife conservation, management, and rehabilitation, have wide sup-
port and the committee believes that the proposed bill reflects nearly all, if not
all, of the various viewpoints with respect to the manner in which coordination of
somewhat diverse interests may be accomplished.
State and Federal conservation interests working independently cannot ade-
quately develop and maintain a resource that has no knowledge of, and gives no
heed to county, State, or even international boundaries. A number of the States
already have developed effective organizations and programs for the development
and maintenance of the wildlife resources within their boundaries. However, the
migrant nature of the resource is such that there is no assurance that these pro-
grams will result in continuing benefits even to the States wherein effective
management steps already have been taken. Other States have not as yet devel-
oped adequate wildlife management programs either because the State legislatures
have not seen fit to provide sufficient funds or, in other instances, because proper
-------
2918 LEGAL COMPILATION—WATER
studies of problems involved have not been made. Again the relationship be-
tween wildlife as a resource and other economic developments has not been fully
understood or effectively correlated.
From time to time both Federal and State agencies have made many impound-
ments, diversions, or other uses of waters that needlessly have destroyed the
habitat upon which wildlife is dependent. Such destruction has been needless in
the sense that these otherwise necessary economic developments could have been
carried out, in many instances, without destroying wildlife or its habitat if ade-
quate and reasonable provision had been made for the use of the lands and waters
involved in such developments for wildlife conservation as a secondary use.
Restoration of the proper balance between uses of the lands and waters made by
man and those made by wildlife may involve difficult problems and require
considerable thought, but the solving of such problems is not impossible if intel-
ligently handled.
In addition to providing for the necessary authority to cooperate with, and give
assistance to, State and private agencies and organizations in all phases of wildlife
conservation and protection, the proposed bill also would make available for
administration for wildlife conservation purposes by State, public, or private
agencies or organizations areas of land and water acquired by the Federal Govern-
ment primarily for flood control, irrigation, and other uses but, at the same time,
adaptable for the secondary use of wildlife conservation. This feature of the bill
alone is extremely important in facilitating proper cooperation in the management
of the wildlife resource as well as in affording additional opportunity for the
protection and management of the resource.
Both in the consideration of the proposed legislation before the committee and
in the consideration of other legislation relating to flood control and similar mat-
ters, considerable discussion has been had with respect to the part that the States
should play in the planning for impoundments, diversions, and other water-control
facilities constructed or authorized by the Federal Government insofar as such
planning would serve either as a means of mitigating damage to wildlife or as
affording an opportunity to utilize the proposed facilities for the benefit of wild-
life. Although it is impossible to outline specifically in legislation all of the steps
[p. 2]
that should be taken in planning flood control, irrigation, and similar projects so
as to provide also for the conservation of wildlife resources, it is believed that the
second and third paragraphs of the bill establish adequate procedures for the
proper coordination of these seemingly diverse interests. As drafted, these two
sections require coordination between constructing and operating agencies of both
the Federal and State Governments not alone after flood control, irrigation, or
impoundment projects have been started but also in connection with the initial
planning for such projects. This type of coordination is extremely important
from the standpoint of economical planning and construction as well as from the
standpoint of effectuating conservation of wildlife. There have been many in-
stances in the past where minor changes in construction plans could have been
made for the benefit of wildlife resources without increasing materially the cost
of a project if consideration of the possible wildlife interests had been included
in the initial planning of such projects. It should be noted, however, that the
bill purposely does not provide for the curtailment of flood control, irrigation,
and other impoundment programs for the sole benefit of wildlife resources but
rather it provides simply that due consideration be given to the requirements of
these resources as well as the requirements of such other resources as may be
affected by those programs.
-------
STATUTES AND LEGISLATIVE HISTORY 2919
During the course of hearings on the bill a question was raised by the Depart-
ment of Agriculture as to whether certain provisions of the bill would make any
change in the existing jurisdiction of that Deparment over the administration of
wildlife resources within the national forests or other lands under its control.
It is the opinion of the committee that the provisions of the bill, and particularly
those found in sections 2, 3, and 4, do not alter in any way the primary responsi-
bilities for the administration of lands now vested in any agency of the Govern-
ment, and the committee wishes to make it clear that other than to require
consultation with the States in future water impounding or diversion projects,
that it is not the intent of the bill to make any change in the jurisdiction of the
Department of Agriculture over such areas or the resources thereof.
Section 5 of the bill authorizes the Secretary of the Interior, through the Fish
and Wildlife Service and the Bureau of Mines, to study the effects of domestic
sewerage, lime, petroleum, and industrial wastes, erosion silt, and other polluting
substances, on wildlife, and to make reports to the Congress concerning such
investigations. Stream and water pollution has become in some instances a
threat to public health, as well as a menace to aquatic life.
The studies of that problem authorized to be made should furnish the basis for
appropriate Federal and State legislation on the subject.
In compliance with clause 2a of rule XIII of the House of Representatives,
there is set forth below in black brackets the entire text of the act of March 10,
1934, which the reported bill would supersede:
[[PUBLIC—No. 121—73D CONGRESS]
I[S. 2529]
IAN ACT To promote the conservation of wildlife, fish, and game, and for other purposes
[Be it enacted by the Senate and House oj Representatives of the United States of
America in Congress assembled, That the Secretary of Agriculture and the Secre-
tary of Commerce are authorized to provide expert assistance to and to cooperate
with Federal, State, and other agencies in the rearing, stocking, and increasing
the supply of game and fur-bearing animals and fish, in combating diseases, and
in developing a Nation-wide program of wild-life conservation and rehabilitation.
[Sec. 2. The Secretary of Agriculture and the Secretary of Commerce are
authorized to make such investigations as they may deem necessary to determine
the effects of domestic sewage, trade wastes, and other polluting substances on
wildlife, with special reference to birds, mammals, fish, and shellfish, and to
make reports to the Congress of their investigations with recommendations for
remedial measures. Such investigations shall include studies of methods for the
recovery of wastes and the collation of data on the progress being made in these
fields for the use of Federal, State, municipal, and private agencies.
[SEC. 3. (a) Whenever the Federal Government through the Bureau of Recla-
mation or otherwise, impounds water for any use, opportunity shall be given to the
Bureau of Fisheries and/or the Bureau of Biological Survey to make such uses of
the impounded waters for fish-culture stations and migratory-bird resting and
nesting areas as are not inconsistent with the primary use of the waters and/or
the constitutional rights of the States. In the case of any waters heretofore
[p. 3]
impounded by the United States, through the Bureau of Reclamation or other-
wise, the Bureau of Fisheries and/or the Bureau of Biological Survey may consult
with the Bureau of Reclamation or other governmental agency controlling the
impounded waters, with a view to securing a greater biological use of the waters
not inconsistent with their primary use and/or the constitutional rights of the
-------
2920
LEGAL COMPILATION—WATER
States and make such proper uses thereof as are not inconsistent with the primary
use of the waters and/or the constitutional rights of the States.
[(b) Hereafter, whenever any dam is authorized to be constructed, either by
the Federal Government itself or by any private agency under Government permit,
the Bureau of Fisheries shall be consulted, and before such construction is begun or
permit granted, when deemed necessary, due and adequate provision, if economi-
cally practicable, shall be made for the migration of fish life from the upper to the
lower and from the lower to the upper waters of said dam by means of fish lifts,
ladders, or other devices.
[Ssc. 4. The Office of Indian Affairs, the Bureau of Fisheries, and the Bureau
of Biological Survey are authorized, jointly, to prepare plans for the better protec-
tion of the wildlife resources, including fish, migratory waterfowl, and upland
game birds, game animals and fur-bearing animals, upon all the Indian reservations
and unallotted Indian lands coming under the supervision of the Federal Govern-
ment. When such plans have been prepared they shall be promulgated by the
Secretary of the Interior, the Secretary of Commerce, and the Secretary of Agri-
culture, who are authorized to make the necessary regulations for enforcement
thereof and from time to time to change, alter, or amend such regulations.
[SEC. 5. The Bureau of Biological Survey and the Bureau of Fisheries are
hereby authorized to make surveys of the wildlife resources of the public domain
or of any lands owned or leased by the Government, to conduct such investiga-
tions as may be necessary for the development of a program for the maintenance
of an adequate supply of wildlife in these areas, to establish thereon game farms
and fish-cultural stations commensurate with the need for replenishing the supply
of game and fur-bearing animals and fish, and, in cooperation with the National
Park Service, The Forest Service, or other Federal agencies, the State agencies,
to coordinate and establish adequate measures for wildlife control on such game
farms and fish-cultural stations: Provided, That no such game farm shall here-
after be established in any State without the consent of the legislature of that
State.
[SEC. 6. In carrying out the provisions of this Act the Federal agencies charged
with its enforcement may cooperate with other Federal agencies and with States,
counties, municipalities, individuals, and public and private agencies, organiza-
tions, and institutions, and may accept donations of lands, funds, and other aids
to the development of the program authorized in this Act: Provided, however,
That no such donations of land shall be accepted with consent of the legisla-
ture of the State in which such land may be situated: Provided, That no authority
is given in this Act for setting up any additional bureau or division in any depart-
ment or commission, and shall not authorize any additional appropriation for
carrying out its purposes.
[Approved, March 10, 1934.]
[p. 4]
1.27d(4) CONGRESSIONAL RECORD, VOL. 92 (1946)
1.27d(4) (a) May 7: Passed House, pp. 4560-4561
CONSERVATION OF WILDLIFE,
FISH, AND GAME
Mr. ROBERTSON of Virginia. Mr.
Speaker, I ask unanimous consent for
the present consideration of the bill (H.
R. 6097) to promote the conservation of
wildlife, fish, and game, and for other
purposes, together with a short amend-
ment to be offered by the gentleman
from Alabama [Mr. SPARKMAN].
-------
STATUTES AND LEGISLATIVE HISTORY
2921
Mr. MARTIN of Massachusetts. Mr.
Speaker, reserving the right to object,
what is to be done by the gentleman
from Alabama [Mr. SPARKMAN] ?
Mr. ROBERTSON of Virginia. The
gentleman from Alabama [Mr. SPARK-
MAN] wants to offer a new section to the
bill, section 10, to read:
The provisions of this act shall not apply
to the Tennessee Valley Authority.
We discussed that yesterday, and it
developed that they have only two very
small additional projects. We did not
think it would interfere with our gen-
eral program because they are adminis-
tering the wildlife program as this bill
contemplates.
Mr. MARTIN of Massachusetts. Why
should they be exempt? They are still
in the United States, are they not?
Mr. ROBERTSON of Virginia. They
are. I am embarrassed. But we are
trying to get this bill through.
Mr. MARTIN of Massachusetts. And
that is the price you think you have to
pay for it?
The SPEAKER. The gentleman from
Virginia is not asking unanimous con-
sent at this time that the so-called
Sparkman amendment be agreed to, but
is simply asking unanimous consent for
the present consideration of the bill.
Mr. MARTIN of Massachusetts. Mr.
Speaker, reserving the right to object, I
appreciate that fact, and I appreciate
also that any other amendment may be
offered if the gentleman's request is
granted, and furthermore, that there can
be debate on the amendment to be of-
fered by the gentleman from Alabama
[Mr. SPARKMAN].
Mr. ROBERTSON of Virginia. I do
not think there will be any debate, sir.
I have contacted the ranking minority
member, the gentleman from Kansas
[Mr. HOPE], and the gentleman from
Minnesota [Mr. AUGUST H. ANDRESEN], of
the Committee on Agriculture which re-
ported this bill out and who is also a very
valuable member of our Select Commit-
tee on Wildlife Conservation, and we feel
it would be wise to let this bill go over
to the Senate, and that would give more
opportunity for the other body to con-
sider whether this amendment is in
keeping with the general purposes of the
bill or not. If we do not get action now,
this very essential measure may die on
our calendar.
Mr. MARTIN of Massachusetts. The
profound faith which the gentleman has
in the other body tempts me to let it go
through.
The SPEAKER. Is there objection to
the request of the gentleman from Vir-
ginia [Mr. ROBERTSON]?
There being no objection, the Clerk
read the bill as follows:
Be it enacted, etc., That the act of March
10, 1934 (48 Stat. 401), is hereby amended to
read as follows:
"In order to promote effectual planning,
development, maintenance, and coordination
of wildlife conservation and rehabilitation in
the United States, its Territories and posses-
sions, the Secretary of the Interior, through
the Fish and Wildlife Service, is authorized
(a) to provide assistance to, and cooperate
with, Federal, State, and public or private
agencies and organizations in the develop-
ment, protection, rearing, and stocking of all
species of wildlife, resources thereof, and
their habitat, in controlling losses of the same
from disease or other causes, in minimizing
damages from overabundant species, in pro-
viding public shooting areas, and in carrying
out other measures necessary to effectuate
the purposes of this act; and (b) to make
surveys and investigations of the wildlife of
the public domain, including lands and waters
or interests therein acquired or controlled by
any agency of the United States.
"SEC. 2. Whenever the waters of any stream
or other body of water are authorized to be
impounded, diverted, or otherwise controlled
for any purpose whatever by any department
or agency of the United States, or by any
public or private agency under Federal per-
mit, such department or agency first shall
consult with the Fish and Wildlife Service
and the head of the agency exercising ad-
ministration over the wildlife resources of
the State wherein the impoundment, diver-
sion, or other control facility is to be con-
structed with a view to preventing loss of
and damage to wildlife resources, and the
reports and recommendations of the Secre-
tary of the Interior and of the head of the
agency exercising administration over the
wildlife resources of the State, based on sur-
veys and investigations conducted by the Fish
-------
2922
LEGAL COMPILATION—WATER
and Wildlife Service and by the said head of
the agency exercising administration over the
wildlife resources of the State, for the purpose
of determining the possible damage to wild-
life resources and of the means and measures
that should be adopted to prevent loss of and
damage to wildlife resources, shall be made
an integral part of any report submitted by
any agency of the Federal Government re-
sponsible for engineering surveys and con-
struction of such projects.
"The cost of planning for and the con-
struction or Installation and maintenance of
any such means and measures shall be in-
cluded in and shall constitute an integral
part of the costs of such projects: Provided,
That, in the case of projects hereafter author-
ized to be constructed, operated, and main-
tained in accordance with the Federal
reclamation laws (act of June 17, 1902, 32 Stat.
388, and acts amendatory thereof or supple-
mentary thereto), the Secretary of the In-
terior shall, in addition to allocations to be
made under section 9 of the Reclamation
Project Act of 1939 (53 Stat. 1187), make
findings on the part of the estimated cost
of the project which can properly be allo-
cated to the preservation and propagation
of fish and wildlife, and costs allocated pur-
suant to such findings shall not be reim-
bursable. In the case of construction by a
Federal agency, that agency is authorized to
transfer, out of appropriations or other funds
made available for surveying, engineering, or
constuction to the Fish and Wildlife Service,
such funds as may be necessary to conduct
the Investigations required by this section
to be made by it.
[p. 4560]
"SEC. 3. Whenever the waters of any stream
or other body of water are impounded, di-
verted, or otherwise controlled for any pur-
pose whatever by any department or agency
of the United States, adequate provision con-
sistent with the primary purposes of such
impoundment, diversion, or other control
shall be made for the use thereof, together
with any areas of land, or interest therein,
acquired or administered in connection
therewith, for the conservation, maintenance,
and management of wildlife, resources
thereof, and its habitat thereon. In accord-
ance with general plans, covering the use of
such waters and other interests for these
purposes, approved jointly by the head of
the department or agency exercising primary
administration thereof, the Secretary of the
Interior, and the head of the agency exercis-
ing administration over the wildlife resources
of the State wherein the waters and areas
lie, such waters and other interests shall be
made available without cost for administra-
tion (a) by such State agency, if the man-
agement thereof for the conservation of
wildlife relates to other than migratory birds;
(b) by the Secretary of the Interior, if the
waters and other interests have particular
value in carrying out the national migratory
bird management program.
"SEC. 4. Such areas as are made available
to the Secretary of the Interior for the pur-
poses of this act under sections 1 and 3, or
by any other law, proclamation, or Executive
order, shall be administered directly or under
cooperative agreements entered into pursuant
to the provisions of section 1 by the Secretary
of the Interior under such rules and regula-
tions for the conservation, maintenance, and
management of wildlife, resources thereof,
and its habitat thereon, as may be adopted
by him in accordance with general plans ap-
proved jointly by the Secretary of the In-
terior and the head of the department or
agency exercising primary administration of
such areas: Provided, That such rules and
regulations shall not be inconsistent with
the laws for the protection of fish and game
of the States in which such area is situated.
"SEC. 5. The Secretary of the Interior,
through the Fish and Wildlife Service and
the Bureau of Mines, is authorized to make
such investigations as he deems necessary to
determine the effects of domestic sewage,
mine, petroleum, and industrial wastes, ero-
sion silt, and other polluting substances on
wildlife, and to make reports to the Congress
concerning such investigations and of recom-
mendations for alleviating dangerous and
undesirable effects of such pollution. These
investigations shall include (1) the determi-
nation of standards of water quality for the
maintenance of wildlife; (2) the study of
methods of abating and preventing pollution,
including methods for the recovery of use-
ful or marketable products and by-products
of wastes; and (3) the collation and distri-
bution of data on the progress and results of
such investigations for the use of Federal,
State, municipal, and private agencies, indi-
viduals, organizations, or enterprises.
"SEC. 6. There is authorized to be appro-
priated from time to time, out of any money
in the Treasury not otherwise appropriated,
such amounts as may be necessary to carry
out the provisions of this act and regulations
made pursuant thereto, including the con-
struction of such facilities, buildings, and
other improvements necessary for economical
administration of areas made available to the
Secretary of the Interior under this Act, and
the employment in the city of Washington
and elsewhere of such persons and means as
the Secretary of the Interior may deem neces-
sary for such purposes.
"SEC. 7. That in the management of exist-
ing facilities (including locks, dams, and
pools) on navigable waters in the United
States administered by the War Department,
that Department is hereby authorized and
-------
STATUTES AND LEGISLATIVE HISTORY
2923
directed to give full consideration and recog-
nition to the needs of fish and other wildlife
resources and their habitat dependent on
such waters. In the management of pool
elevations, the War Department shall main-
tain uniform pool levels and, In any series
of pools, uniform levels throughout such
series, to prevent the loss of and damage to
such fish and other wildlife resources. In
the exercise of the authority granted herein,
the War Department shall consult with the
head of the agency exercising administration
over fish and other wildlife resources In
the State wherein the navigation facilities are
operated and with the Fish and Wildlife
Service of the Department of the Interior
and with local conservation organizations in
such State and area, for the purpose of de-
termining the required water needs of the
fish and other wildlife resources and the
habitat thereof.
"SEC. 8. Any person who shall violate any
rule or regulation promulgated in accordance
with this act shall be gutlty of a misdemeanor
and upon conviction thereof shall be fined
not more than $500 or Imprisoned for not
more than 1 year, or both.
"SEC. 9. The terms 'wildlife' and 'wildlife
resources' as used herein Include birds, fishes,
mammals, and all other classes of wild ani-
mals and all types of aquatic and land vege-
tation upon which wildlife Is dependent."
Mr. SPARKMAN. Mr. Speaker, I of-
fer an amendment, which I send to the
Clerk's desk.
The Clerk read as follows:
Amendment offered by Mr. SPAEKMAN: On
page 7, after line 23, insert the following new
section:
"SEC. 10. The provisions of this act
shall not apply to the Tennessee Valley
Authority."
The amendment was agreed to.
The bill was ordered to be engrossed
and read a third time, was read the third
time, and passed, and a motion to recon-
sider was laid on the table.
[p. 4561]
1.27d(4)(b) July 17: Senate recommits, p. 9205
CONSERVATION OF WILDLIFE-
RECOMMITTAL OF BILL
The bill (H.R. 6097) to amend the
act of March 10, 1934, entitled "An act
to promote the conservation of wildlife,
fish, and game, and for other purposes,"
was announced as next in order.
Mr. THOMAS of Oklahoma. At the
request of the Senator from Louisiana
[Mr. OVERTON], I ask that the bill be
passed over.
The PRESIDING OFFICER (Mr.
MURDOCH in the chair). The bill will be
passed over.
Mr. THOMAS of Oklahoma subse-
quently said: Mr. President, Calendar
No. 1733, House bill 6097, was passed
over because of objection, at the request
of the Senator from Louisiana, who has
charge of flood control and river and
harbor legislation. The bill came to the
Committee on Agriculture and Forestry,
and the committee sent a request to the
different departments for report on the
bill. The bill is sponsored by the Isaac
Walton League. The Wildlife Service
is very much in favor of the bill. We
sent the request to the Chief of Engi-
neers. The Chief of Engineers prepared
a report and sent it to the Budget Bu-
reau, but because the Budget Bureau
did not clear the report, we did not get
it until after the bill had been reported
to the Senate, which was on July 10. So
no objection was made to the bill be-
cause of objections of the Chief of
Engineers. In order that the committee
can further consider the bill and try to
harmonize its provisions with the rec-
ommendations of the Chief of Engineers,
I ask unanimous consent that Senate
bill 6097 be recommitted to the Com-
mittee on Agriculture and Forestry for
further study and consideration.
The PRESIDING OFFICER. Is there
objection to the request of the Senator
from Oklahoma? The Chair hears none,
and it is so ordered.
[p. 9205]
-------
2924
LEGAL COMPILATION—WATER
1.27d(4)(c) July 29: Amended and passed Senate, p. 10349
BILL PASSED OVER
The bill (H.R. 6097) to amend the act
of March 10, 1934, entitled "An act to
promote the conservation of wildlife,
fish, and game, and for other purposes,"
was announced as next in order.
Mr. OVERTON. Over.
Mr. THOMAS of Oklahoma. Mr.
President, if my able colleague and most
agreeable seat mate will withhold his
objection, I should like to make a brief
statement with regard to this bill.
It is sponsored by the Izaak Walton
League of America. It came before the
Senate on a former occasion and objec-
tions were made to it. The bill was re-
committed to the committee, and
hearings were held. During the holding
of the hearings testimony was heard
from the Chief of Engineers, General
Wheeler. After hearing the testimony
of General Wheeler, the committee made
some amendments to the bill. The com-
mittee agreed on some amendments
which it thought would prevent future
objection. For example, on page 7 of
the bill, in its original text, the War De-
partment was directed to give full con-
sideration to the needs of fish and
wildlife resources. The committee
struck out the words "and directed" so
that the language now reads, in part,
"that Department is hereby authorized
to give full consideration and recogni-
tion to the needs of fish and other wild-
life resources," and so forth.
Further down on the same page the
committee inserted, in line 6, new lan-
guage as follows: "with due respect to
the needs of navigation and flood con-
trol". That language means that the
Chief of Engineers is authorized to give
due respect to the needs of navigation
and flood control but does not direct
him to do so. The Chief of Engineers
thought that with these amendments in
the bill the Department would not ob-
ject to it.
Mr. President, I hope that the bill will
be passed, because it is one which is
being supported by sportsmen and Izaak
Walton League members throughout the
United States.
The PRESIDING OFFICER. Is there
objection to the present consideration
of the bill?
Mr. OVERTON. I object.
The PRESIDING OFFICER. Objec-
tion is heard. The bill will be passed
over.
Mr. SHIPSTEAD. Mr. President, is
there any particular part of the bill to
which the Senator objects?
Mr. OVERTON. My objection to it is
that it is not possible to regulate dams
and reservoirs under such a method as
is proposed in the bill. The amendment
adopted provided that it should not in-
terfere with the regulation of dams for
navigation and flood-control purposes.
The multiple-purpose dams are created
for purposes other than navigation and
flood control. For instance, that is true
of the Snake River and Columbia River
developments, in the latter of which the
Senator from Oregon [Mr. CORDON], who
I see on his feet, is interested. Those
dams could not be operated and main-
tained at uniform levels without con-
siderable loss of other benefits on the
projects. It is impossible to operate
dams in that manner.
Mr. CORDON. Mr. President, will
the Senator yield?
Mr. OVERTON. I yield.
Mr. CORDON. Would the Senator's
objection be removed if a motion were
made that all of section 7 be eliminated
from the bill? Personally, I think it
would be a better bill without that
section.
Mr. OVERTON. I should have no ob-
jection if all of section 7 were eliminated,
and were not restored in conference be-
tween the two Houses.
Mr. CORDON. I doubt if that could
be done now.
The PRESIDENT pro tempore. The
hour of 2 o'clock having arrived, the call
-------
STATUTES AND LEGISLATIVE HISTORY
2925
of the calendar under the rule is ended.
Mr. BARKLEY. Mr. President, I ask
unanimous consent that the Senate pro-
ceed with the call of the calendar.
The PRESIDENT pro tempore. Is
there objection? The Chair hears none,
and it is so ordered.
Mr. SHIPSTEAD. Under the rule un-
der which the Senate is now proceeding,
there will not be time for any extended
debate. I should regret very much if
section 7 were eliminated, but I doubt if
the bill can be passed, with the present
sentiment obtaining in the Senate with-
out eliminating the section. I regret
that very much, but there is no chance
to debate it and have it go back to the
House and be passed at this session.
Mr. CORDON. Mr. President, if there
is no objection, I move that the bill be
amended by striking out all of section 7.
The PRESIDENT pro tempore. The
question is on agreeing to the amend-
ment.
The amendment was agreed to.
Mr. THOMAS of Oklahoma. Mr.
President, I suggest that the bill be fur-
ther amended by renumbering the sec-
tions. If one section is stricken out, it
will be necessary to renumber the other
sections.
The PRESIDENT pro tempore. With-
out objection the clerk will renumber
the sections.
The question is on the engrossment of
the amendment and the third reading of
the bill.
The amendment was ordered to be
engrossed and the bill to be read a third
time.
The bill was read the third time and
passed.
[p. 10349]
1.27d(4)(d) July 30: House concurs in Senate amendments, p. 10489
CONSERVATION OF WILDLIFE,
FISH, AND GAME
Mr. FLANNAGAN. Mr. Speaker, I
ask unanimous consent to take from the
Speaker's desk the bill (H.R. 6097) to
amend the act of March 10,1934, entitled
"An act to promote the conservation of
wildlife, fish, and game," and for other
purposes, with Senate amendments
thereto, and concur in the Senate
amendments.
The Clerk read the title of the bill.
The Clerk read the Senate amend-
ments, as follows:
Page 6, strike out all after line 21, over
to and including line 15 on page 7.
Page 7, line 16, strike out "8" and in-
sert "7."
Page 7, line 21, strike out "9" and in-
sert "8."
Page 8, line 1, strike out "10" and in-
sert "9."
The SPEAKER. Is there objection to
the request of the gentleman from
Virginia?
Mr. AUGUST H. ANDRESEN. Mr.
Speaker, reserving the right to object,
as I understand it, the Senate has
stricken section 7 from this bill?
Mr. FLANNAGAN. That is right.
Mr. AUGUST H. ANDRESEN. I re-
gret that the Senate saw fit to strike
section 7 from the bill. This section,
which passed the House by a unanimous
vote, was vital to conservation of fish
and other wildlife resources in water
areas under the control of the War De-
partment. It sought to assure adequate
water levels, without injuring naviga-
tion, in pools created by dams for fish
and other wildlife resources. Millions
of fish have been destroyed by unnec-
essary draw-down of the water in pools,
under orders of the War Department.
The War Department has failed to fully
cooperate with conservation authorities
for the protection of fish, and therefore,
there is a need for the provisions of sec-
tion 7, which was stricken from the bill
in the Senate at the instance of the War
Department.
The Senate Committee on Agriculture
and Forestry prepared amendments to
section 7, which should have removed
-------
2926
LEGAL COMPILATION—WATER
the objections of the War Department.
But such amendments did not satisfy
the War Department engineers, who de-
manded that the entire section be
stricken. In this connection, I would
like to state, that it is the function of
Congress to legislate and determine pol-
icies for all Government departments,
including the War Department. We
should not tolerate dictatorial lobbying
by any official, which is the case in the
present instance. If Congress is not
able to determine public policy, this
body might as well abrogate to the ex-
ecutive departments, which has been
largely done during the past 12 years.
As a Member of this Congress I refuse
to surrender my prerogatives to any
official or agency of the Government on
legislative matters.
If it were not for the fact that Con-
gress is about to adjourn, and only two
legislative days remain, I would insist
that this bill go to conference to restore
section 7. To ascertain the prospects
for such a move, I have conferred with
certain Senators, who advise me that
there is no possible chance for the legis-
lation to be considered by a conference
committee, and be acted upon in both
House and Senate before adjournment
on Friday. Therefore, if such a policy
is followed, the entire bill will fail of
passage in the present session, and, as
much as I desire the passage of section
7, I do not want to assume the respon-
sibility for defeating the other excellent
provisions of H.R. 6097.
However, I want to serve notice now,
that when the new Congress begins in
January, I will reintroduce the provi-
sions of section 7, and will press for
early action by both House and Senate,
notwithstanding the opposition of the
War Department.
Mr. MARTIN of Massachusetts. Mr.
Speaker, reserving the right to object,
will the gentleman tell us what the
legislation is?
Mr. FLANNAGAN. Mr. Speaker, the
gentleman from Minnesota and the gen-
tleman from Virginia [Mr. ROBERTSON]
have taken a leading part in this legis-
lation. May I say that one reason why
I have agreed to concur in the Senate
amendments is because in the opinion
of the gentleman from Minnesota that is
the best course to pursue at this time.
I fully agree with the gentleman that
new legislation should be introduced at
the beginning of the next session.
Mr. AUGUST H. ANDRESEN. I
want to explain that this bill does not
cost any money. It provides that the
various Federal agencies in dealing with
conservation and wildlife shall cooper-
ate and have a common objective in
protecting the interests of the wildlife
in this Nation.
The SPEAKER. Is there objection to
the request of the gentleman from
Virginia?
There was no objection.
The Senate amendments were con-
curred in.
A motion to reconsider was laid on the
table.
[p. 10489]
1.27e TO AMEND THE ACT OF MARCH 10, 1934, AS
AMENDED
June 19,1948, P.L. 80-697, 62 Stat. 497
An Act To amend the Act of March 10, 1934, entitled "An Act to promote the
conservation of wildlife, fish, and game, and for other purposes", as amended by
the Act approved August 14, 1946
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act of
March 10, 1934 (48 Stat. 401) as amended by the Act approved Au-
-------
STATUTES AND LEGISLATIVE HISTORY 2927
gust 14, 1946 (Public Law 732, Seventy-ninth Congress), is hereby
amended to include the following new section:
"SEC. 5A. In the management of existing facilities (including locks,
dams, and pools) in the Mississippi River between Rock Island, Illi-
nois, and Minneapolis, Minnesota, administered by the United States
Corps of Engineers of the Department of the Army, that Department
is hereby directed to give full consideration and recognition to the
needs of fish and other wildlife resources and their habitat dependent
on such waters, without increasing additional liability to the Govern-
ment, and, to the maximum extent possible without causing damage
to levee and drainage districts, adjacent railroads and highways, farm
lands, and dam structures, shall generally operate and maintain pool
levels as though navigation was carried on throughout the year."
Approved June 19, 1948.
[p.497]
1.27e(l) HOUSE COMMITTEE ON MERCHANT MARINE
AND FISHERIES
H.R. REP. No. 504, 80th Cong., 1st Sess. (1947)
PROMOTING CONSERVATION OF THE FISH AND WILDLIFE
RESOURCES OF THE UPPER MISSISSIPPI RIVER
JUNE 3,1947.—Committed to the Committee of the Whole House on the State of
the Union and ordered to be printed
Mr. WEICHEL, from the Committee on Merchant Marine and Fisheries,
submitted the following
REPORT
[To accompany H.R. 2721]
The Committee on Merchant Marine and Fisheries, to whom was
referred the bill (H.R: 2721) to amend the act of March 10, 1934,
entitled "An act to promote the conservation of wildlife, fish, and
game, and for other purposes", as amended by the act approved
August 14,1946, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
-------
2928 LEGAL COMPILATION—WATER
PURPOSES OF THE BILL
The purpose of this bill is to promote the conservation of the fish
and wildlife resources of the upper Mississippi River by assuring the
maintenance of adequate water supplies during the winter months.
To accomplish this purpose, the bill directs the Corps of Engineers
of the War Department to give full consideration and recognition to
the needs of fish and wildlife in their management of the locks, dams,
and pools in the Mississippi River between Rock Island, 111., and
Minneapolis, Minn. In addition, the bill would require the Corps of
Engineers to operate and maintain pool levels as though navigation
was carried on throughout the year.
The upper reaches of the Mississippi River have been canalized
with a series of locks, dams, and pools, which control the elevation
of water in the river. During recent years, it has been the practice
of the War Department to lower water levels in several pools during
the winter months, with the result that large quantities of fish have
been smothered underneath ice after being trapped in pockets from
which the water was drained. Moreover, this draining of water
caused severe damage to fur-bearing animals as well as the disap-
[p. 1]
pearance of some aquatic plant life important as food for migratory
birds.
The proposed legislation, which does not involve any additional
expenditure of public funds, will require cooperation by the War De-
partment for the protection of fish and wildlife, and will prevent fu-
ture losses by requiring maintenance of pool levels during the winter
months at substantially the same stages as are maintained during the
regular navigation season. It is believed that the requirements of this
bill are in accord with the spirit of Public Law 732 of the Seventy-
ninth Congress which established a national conservation policy and
which specified the need for cooperation and coordination on the part
of all Federal agencies in the conservation and protection of fish and
wildlife. It appears anomalous that the action of the War Department
in lowering the water level in these pools should result in the loss of
these natural resources which other departments of the Government:
are trying so energetically to protect. This bill will require coopera-
tion and coordination by the Corps of Engineers with the Nation's
conservation activities.
In the bill which later became Public Law 732, a provision was in-
corporated which would have had substantially the same effect as that
sought to be accomplished by the pending bill. That section unani-
mously passed the House of Representatives but was stricken from
the bill by the Senate because of objections to it by the War Depart-
-------
STATUTES AND LEGISLATIVE HISTORY 2929
ment on the ground that the legislative mandate was not necessary.
As this action by the Senate occurred in the closing days of the
Seventy-ninth Congress, no opportunity was afforded to consider the
measure in conference without jeopardizing the passage of other vital
provisions of that legislation. It is believed by the Committee on
Merchant Marine and Fisheries, however, that the matter now dealt
with by the pending bill should again be considered and enacted.
Since the principal destruction resulting from lowering of these pool
levels occurs in the upper Mississippi River, the coverage of this bill
has been restricted to that area.
The Department of the Interior has stated that it has no objection
to enactment of this legislation. The War Department, however, has
recommended that the bill not be enacted on the ground that the
action sought has been accomplished voluntarily and that they should
have freedom of action in operating dams in the upper Mississippi
River channel project. Despite this objection by the War Depart-
ment, your committee is of the opinion that this legislation is de-
sirable and should be enacted.
The reports of the Interior Department and War Department on
this bill are set forth below.
INTERIOR DEPARTMENT,
Washington, April 22, 1947.
Hon. FRED BRADLEY,
Chairman, Committee on Merchant Marine and Fisheries,
House of Representatives.
MY DEAR MR. BRADLEY: Further reference is made to your letter of March 26,
requesting a report on H.R. 2721, a bill to amend the act of March 10, 1934, entitled
"An act to promote the conservation of wildlife, fish, and game, and for other
purposes," as amended by the act approved August 14, 1946.
I have no objection to the enactment of the proposed legislation.
The bill would require the War Department, in the operation of navigation
facilities on the Mississippi River between Rock Island, 111., and Minneapolis,
Minn., to give full consideration and recognition to the needs of fish and other
wildlife resources and their habitat. As an amendment to the act of March 10,
[p. 2]
1934 (48 Stat. 401), as last amended August 14, 1946 (Public Law 732, 79th Cong.),
the bill would require the War Department to apply to the operation of the facili-
ties in question the general purposes and requirements of the act referred to.
While section 3 of the act of August 14, 1946, may be construed to apply generally
to the operation of the facilities in question, the amendment specifically would
apply principles of that legislation to the named facilities.
In view of my understanding that you desire an immediate report on H.R. 2721,
this letter has not been submitted to the Bureau of the Budget for consideration.
Therefore, no commitment can be made concerning the relationship of the foregoing
views to the program of the President.
Sincerely yours,
OSCAR L. CHAPMAN,
Under Secretary of the Interior.
-------
2930 LEGAL COMPILATION—WATER
WAR DEPARTMENT,
Washington, D. C., May 20, 1947.
Hon. FRED BRADLEY,
Chairman, Committee on Merchant Marine and Fisheries,
House of Representatives, Washington 25, D. C.
DEAR MR. BRADLEY: Reference is made to your request for the views and recom-
mendations of this Department on H.R. 2721, a bill to amend the act of March
10, 1934, entitled "An act to promote the conservation of wildlife, fish, and game,
and for other purposes," as amended by the act approved August 14, 1946.
The purpose of this bill is to direct the Corps of Engineers of this Department:
(a) To operate and maintain the pools of the 16 dams of the Federal navigation
project in the Mississippi River between Rock Island, 111., and Minneapolis, Minn.,
as though navigation was carried on throughout the year; (b) to give full consider-
ation and recognition, in the management of the facilities of such project, to the
needs of fish and other wildlife resources and their habitat dependent on such
waters, without increasing additional liability to the Government.
With reference to proposed directive (a) the Corps of Engineers now operates
the navigation dams between Rock Island and Minneapolis so as to provide the
authorized 9-foot channel depth during the navigation season and draws down
these pools not more than 1 foot during the winter nonnavigation season, the
latter being a period of about 4 months, and thus complies with the purpose
desired. As war measures, these pools have previously been drawn down more
than 1 foot when and as required throughout the winter months to supply addi-
tional water to maintain suitable depths for navigation in the noncanalized reach
of the Mississippi River below the mouth of the Missouri River and to supply
additional hydroelectric power in order to conserve fuel and its transportation.
The Corps of Engineers in its management of this navigation project has con-
stantly consulted Federal, State, and other conservation authorities and immedi-
ately subsequent to cessation of war needs has given favorable consideration to
their views and desires with respect to the operation of this canalized waterway.
It has cooperated fully in meeting their wishes in that the Chief of Engineers
notified all concerned in the fall of 1946 that the pools above Rock Island will
henceforth be relieved from winter draw-downs except for a limited amount
necessary to prevent damage to structures. Due to the severe winter conditions
in this region, the lowering of the pools to an elevation of about 1 foot below the
normal pool level maintained during the navigation season is essential as a pro-
tection against damage to structures by ice. It is understood that conservation
interests are fully satisfied with this plan of pool operation.
With reference to proposed directive (b) the Corps of Engineers in recognizing
the importance of fish and wildlife conservation has on its own initiative, as
indicated above, given the utmost consideration to the needs of fish and wildlife
resources consistent with the proper management of the upper Mississippi River
navigation project. It has made continuous studies of the effect of pool levels
and fluctuations not only on fish and wildlife but on other interests. Notwith-
standing the fact that commercial navigation on the Mississippi River below the
mouth of the Missouri River will be deprived of the benefits from the release of
water in the pools above Rock Island, favorable consideration has been given to
the wishes of conservation interests that these pools be maintained throughout the
winter months.
From the foregoing it is apparent that there is no need for the enactment of
legislation as proposed in H.R. 2721. In this connection I may refer to the report
-------
STATUTES AND LEGISLATIVE HISTORY 2931
of the Select Committee on Conservation of Wildlife Resources, House of Rep-
resentatives, made on January 2, 1947 (H. Rept. No. 2743, 79th Cong., 2d
sess.) which contains the following conclusion with respect to the action taken
[P. 3]
by the Chief of Engineers to relieve the pools in the upper Mississippi River above
Rock Island from future winter draw-downs.
"This action indicates that problems arising in the operation of civil-works
projects of the Corps of Engineers involving fish and wildlife resources are solved
successfully by mutual understanding and existing administrative processes, to
accomplish the maximum good to all purposes involved."
The operation of navigation dams, like flood-control dams, should be governed
by flexible regulations—not by rigid law. This Department should have freedom
of action, especially in time of war, in operating the dams in the upper Mississippi
River 9-foot channel project; guided at all times by the requirements of all
interests concerned.
Accordingly, it is recommended strongly that H.R. 2721 be not enacted.
Due to the limitation of time this report is submitted without a determination
by the Bureau of the Budget as to whether it conforms to the program of the
President.
Sincerely yours,
ROBERT P. PATTERSON, Secretary of War.
CHANGES IN EXISTING LAW
In compliance with paragraph 2a of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill
are shown as follows (existing law proposed to be omitted is enclosed
in black brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
ACT OF AUGUST 14,1946 (PUBLIC LAW 732, 79m CONG.)
[PUBLIC LAW 732—79ra CONGRESS]
In order to promote effectual planning, development, maintenance, and coor-
dination of wildlife conservation and rehabilitation in the United States, its
Territories and possessions, the Secretary of the Interior, through the Fish and
Wildlife Service is authorized (a) to provide assistance to, and cooperate with,
Federal, State, and public or private agencies and organizations in the develop-
ment, protection, rearing, and stocking of all species of wildlife, resources thereof,
and their habitat, in controlling losses of the same from disease or other causes, in
minimizing damages from overabundant species, in providing public shooting
areas, and in carrying out other measures necessary to effectuate the purposes of
this Act; and (b) to make surveys and investigations of the wildlife of the public
domain, including lands and waters or interests therein acquired or controlled by
any agency of the United States.
SEC. 2. Whenever the waters of any stream or other body of water are authorized
to be impounded, diverted, or otherwise controlled for any purpose whatever by
any department or agency of the United States, or by any public or private
agency under Federal permit, such department or agency first shall consult with
the Fish and Wildlife Service and the head of the agency exercising administration
over the wildlife resources of the State wherein the impoundment, diversion, or
other control facility is to be constructed with a view to preventing loss of and
-------
2932 LEGAL COMPILATION—WATER
damage to wildlife resources, and the reports and recommendations of the Secre-
tary of the Interior and of the head of the agency exercising administration over
the wildlife resources of the State, based on surveys and investigations conducted
by the Fish and Wildlife Service and by the said head of the agency exercising
administration over the wildlife resources of the State, for the purpose of determin-
ing the possible damage to wildlife resources and of the means and measures that
should be adopted to prevent loss of and damage to wildlife resources, shall be
made an integral part of any report submitted by any agency of the Federal Gov-
ernment responsible for engineering surveys and construction of such projects.
The cost of planning for and the construction or installation and maintenance
of any such means and measures shall be included in and shall constitute an
integral part of the costs of such projects: Provided, That, in the case of projects
hereafter authorized to be constructed, operated, and maintained in accordance
with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts
amendatory thereof or supplementary thereto), the Secretary of the Interior
shall, in addition to allocations to be made under section 9 of the Reclamation
Project Act of 1939 (53 Stat. 1187), make findings on the part of the estimated
cost of the project which can properly be allocated to the preservation and pro-
pagation of fish and wildlife, and costs allocated pursuant to such findings shall
not be reimbursable. In the case of construction by a Federal agency, that agency
[p. 4]
is authorized to transfer, out of appropriations or other funds made available for
surveying, engineering, or construction to the Fish and Wildlife Service, such
funds as may be necessary to conduct the investigations required by this section
to be made by it.
SEC. 3. Whenever the waters of any stream or other body of water are im-
pounded, diverted, or otherwise controlled for any purpose whatever by any
department or agency of the United States, adequate provision consistent with the
primary purposes of such impoundment, diversion, or other control shall be made
for the use thereof, together with any areas of land, or interest therein, acquired
or administered in connection therewith, for the conservation, maintenance, and
management of wildlife, resources thereof, and its habitat thereon. In accord-
ance with general plans, covering the use of such waters and other interests for
these purposes, approved jointly by the head of the department or agency exer-
cising primary administration thereof, the Secretary of the Interior, and the
head of the agency exercising administration over the wildlife resources of the
State wherein the waters and areas lie, such waters and other interests shall be
made available without cost for administration (a) by such State agency, if the
management thereof for the conservation of wildlife relates to other than migra-
tory birds; (b) by the Secretary of the Interior, if the waters and other interests
have particular value in carrying out the national migratory-bird-management
program.
SEC. 4. Such areas as are made available to the Secretary of the Interior for the
purposes of this Act under sections 1 and 3, or by any other law, proclamation, or
Executive order, shall be administered directly or under cooperative agreements
entered into pursuant to the provisions of section 1 by the Secretary of the Interior
under such rules and regulations for the conservation, maintenance, and manage-
ment of wildlife, resources thereof, and its habitat thereon, as may be adopted
by him in accordance with general plans approved jointly by the Secretary of the
Interior and the head of the department or agency exercising primary adminis-
tration of such areas: Provided, That such rules and regulations shall not be incon-
-------
STATUTES AND LEGISLATIVE HISTORY 2933
sistent with the laws for the protection of fish and game of the States in which
such area is situated.
SEC. 5. The Secretary of the Interior, through the Fish and Wildlife Service
and the Bureau of Mines, is authorized to make such investigations as he deems
necessary to determine the effects of domestic sewage, mine, petroleum, and
industrial wastes, erosion silt, and other polluting substances on wildlife, and to
make reports to the Congress concerning such investigations and of recommenda-
tions for alleviating dangerous and undesirable effects of such pollution. These
investigations shall include (1) the determination of standards of water quality
for the maintenance of wildlife; (2) the study of methods of abating and pre-
venting pollution, including methods for the recovery of useful or marketable
products and byproducts of wastes; and (3) the collation and distribution of data
on the progress and results of such investigations for the use of Federal, State,
municipal, and private agencies, individuals, organizations, or enterprises.
SEC. 5A. In the management of existing facilities (including locks, dams, and
pools) in the Mississippi River between Rock Island, Illinois, and Minneapolis,
Minnesota, administered by the United States Corps of Engineers of the War De-
partment, that Department is hereby directed to give full consideration and recog-
nition to the needs of fish and other wildlife resources and their habitat dependent
on such waters, without increasing additional liability to the Government, and
shall operate and maintain pool levels as though navigation was carried on
throughout the year.
SEC. 6. There is authorized to be appropriated from time to time, out of any
money in the Treasury not otherwise appropriated, such amounts as may be
necessary to carry out the provisions of this Act and regulations made pursuant
thereto, including the construction of such facilities, buildings, and other improve-
ments necessary for economical administration of areas made available to the
Secretary of the Interior under this Act, and the employment in the city of
Washington and elsewhere of such persons and means as the Secretary of the
Interior may deem necessary for such purposes.
SEC. 7. Any person who shall violate any rule or regulation promulgated in
accordance with this Act shall be guilty of a misdemeanor and upon conviction
thereof shall be fined not more than $500 or imprisoned for not more than one
year, or both.
SEC. 8. The terms "wildlife" and "wildlife resources" as used herein include
birds, fishes, mammals, and all other classes of wild animals and all types of
aquatic and land vegetation upon which wildlife is dependent.
SEC. 9. The provisions of this Act shall not apply to the Tennessee Valley
Authority.
[P. 5]
-------
2934 LEGAL COMPILATION—WATER
1.27e(2) SENATE COMMITTEE ON INTERSTATE AND
FOREIGN COMMERCE
S. REP. No. 1448, 80th Cong., 2d. Sess. (1948)
CONSERVATION OF FISH AND WILDLIFE RESOURCES OF
THE UPPER MISSISSIPPI RIVER
JUNE 2 (legislative day, JUNE 1), 1948.—Ordered to be printed
Mr. CAPEHART, from the Committee on Interstate and Foreign
Commerce, submitted the following
REPORT
[To accompany H.R. 2721]
The Committee on Interstate and Foreign Commerce to whom was
referred the bill (H.R. 2721) to amend the act of March 10, 1934,
entitled "An act to promote the conservation of wildlife, fish, and
game, and for other purposes," as amended by the act approved
August 14, 1946, having considered the same, report favorably thereon
with amendments and recommend that the bill as amended do pass.
The amendments are as follows:
On page 2, line 2, strike out the words "War Department" and
insert in lieu thereof "Department of the Army".
On page 2, line 6, strike out the words "and shall operate and main-
tain pool levels" and insert in lieu thereof:
and, to the maximum extent possible without causing damage to levee and drain-
age districts, adjacent railroads and highways, farm lands, and dam structures,
shall generally operate and maintain pool levels
The purpose of this bill is to promote the conservation of fish and
wildlife resources of the upper Mississippi River by assuring the
maintenance of adequate water levels during the winter months.
The bill further directs the Army engineers to give full consideration
and recognition to the needs of fish and wildlife in their management
of the locks, dams, and pools in the Mississippi River between Rock
Island, 111., and Minneapolis, Minn. There are 16 of these pools in
the upper river between Rock Island and Minneapolis. They re-
sulted from the construction of dams. The Army engineers are
authorized to maintain a 9-foot channel in that portion of the river
during the navigation season (which is approximately from April 1
-------
STATUTES AND LEGISLATIVE HISTORY 2935
to December 1) , and the water in the pools is subject to fluctuation as
the locks are manipulated from time to time. The testimony indicates
that during the war years some of the pools were drawn down to such
an extent that they were virtually drained, resulting in a great loss of
wildlife, particularly fish and plant life, as well as fur-bearing animals.
Public hearings were held on this bill and it was endorsed by the
Fish and Wildlife Service, members of the Minnesota congressional
delegation, and others. Sportsmen's groups in Minnesota are espe-
cially anxious that the bill be enacted into law. The Budget Bureau
has no objection to it.
General Wheeler, Chief of Army Engineers, testified at the hearing
and voiced some objection to the bill, chiefly on the ground that
they are already doing by voluntary action what this bill would
require them to do and he expressed the fear that damage might
result to adjacent farm lands, highways, etc., if they are required to
maintain pool levels in the winter months the same as during the
navigation season and are not given some degree of flexibility and
discretion in their handling of the problem. As a result your com-
mittee has amended the bill to meet the objection of the Army
engineers, and General Wheeler has indicated that the amendment
is satisfactory.
A representative of the American Waterways Operators, Inc. (an
association of common, contract, and private water carriers) , testified
in opposition to the bill on the ground that it might adversely affect
navigation on the Mississippi River. Your committee, however, was
not convinced as to the validity of their argument and feels that the
bill, as amended in conformity with the suggestions of the Army
engineers, is desirable and should be enacted.
The proposed legislation does not involve any additional expendi-
ture of public funds, and your committee believes that its require-
ments are in accord with the spirit of Public Law 732 of the
Seventy-ninth Congress which established a national conservation
policy and which specified the need for cooperation and coordination
on the part of all Federal agencies in the conservation and protection
of fish and wildlife.
CHANGES IN EXISTING LAW
For the information of the Senate changes in existing law made by
the bill as reported are shown as follows (new matter is printed in
italic, existing law in which no change is proposed is shown in
roman) :
-------
2936 LEGAL COMPILATION—WATER
ACT OF AUGUST 14,1946 (PUBLIC LAW 732, 79ra CONG.)
In order to promote effectual planning, development, maintenance, and coor-
dination of wildlife conservation and rehabilitation in the United States, its
Territories and possessions, the Secretary of the Interior, through the Fish and
Wildlife Service, is authorized (a) to provide assistance to, and cooperate with,
Federal, State, and public or private agencies and organizations in the develop-
ment, protection, rearing, and stocking of all species of wildlife, resources thereof,
and their habitat, in controlling losses of the same from disease or other causes, in
minimizing damages from overabundant species, in providing public shooting
areas, and in carrying out other measures necessary to effectuate the purposes of
this Act; and (b) to make surveys and investigations of the wildlife of the public
domain, including lands and waters or interests therein acquired or controlled by
any agency of the United States.
SEC. 2. Whenever the waters of any stream or other body of water are authorized
to be impounded, diverted, or otherwise controlled for any purpose whatever by
any department or agency of the United States, or by any public or private
agency under Federal permit, such department or agency first shall consult with
the Fish and Wildlife Service and the head of the agency exercising administration
over the wildlife resources of the State wherein the impoundment, diversion, or
other control facility is to be constructed with a view to preventing loss of and
[p. 2]
damage to wildlife resources, and the reports and recommendations of the Secre-
tary of the Interior and of the head of the agency exercising administration over
the wildlife resources of the State, based on surveys and investigations conducted
by the Fish and Wildlife Service and by the said head of the agency exercising
administration over the wildlife resources of the State, for the purpose of determin-
ing the possible damage to wildlife resources and of the means and measures that
should be adopted to prevent loss of and damage to wildlife resources, shall be
made an integral part of any report submitted by any agency of the Federal Gov-
ernment responsible for engineering surveys and construction of such projects.
The cost of planning for and the construction or installation and maintenance
of any such means and measures shall be included in and shall constitute an
integral part of the costs of such projects: Provided, That, in the case of projects
hereafter authorized to be constructed, operated, and maintained in accordance
with the Federal reclamation laws (Act of June 17, 1902, 32 Stat. 388, and Acts
amendatory thereof or supplementary thereto), the Secretary of the Interior
shall, in addition to allocations to be made under section 9 of the Reclamation
Project Act of 1939 (53 Stat. 1187), make findings on the part of the estimated
cost of the project which can properly be allocated to the preservation and prop-
agation of fish and wildlife, and costs allocated pursuant to such findings shall
not be reimbursable. In the case of construction by a Federal agency, that agency
is authorized to transfer, out of appropriations or other funds made available for
surveying, engineering, or construction to the Fish and Wildlife Service, such
funds as may be necessary to conduct the investigations required by this section
to be made by it.
SEC. 3. Whenever the waters of any stream or other body of water are im-
pounded, diverted, or otherwise controlled for any purpose whatever by any
department or agency of the United States, adequate provision consistent with the
primary purposes of such impoundment, diversion, or other control shall be made
for the use thereof, together with any areas of land, or interest therein, acquired
or administered in connection therewith, for the conservation, maintenance, and
-------
STATUTES AND LEGISLATIVE HISTORY 2937
management of wildlife, resources thereof, and its habitat thereon. In accord-
ance with general plans, covering the use of such waters and other interests for
these purposes, approved jointly by the head of the department or agency exer-
cising primary administration thereof, the Secretary of the Interior, and the
head of the agency exercising administration over the wildlife resources of the
State wherein the waters and areas lie, such waters and other interests shall be
made available without cost for administration (a) by such State agency, if the
management thereof for the conservation of wildlife relates to other than migra-
tory birds; (b) by the Secretary of the Interior, if the waters and other interests
have particular value in carrying out the national migratory-bird-management
program.
SEC. 4. Such areas as are made available to the Secretary of the Interior for the
purposes of this Act under sections 1 and 3, or by any other law, proclamation, or
Executive order, shall be administered directly or under cooperative agreements
entered into pursuant to the provisions of section 1 by the Secretary of the Interior
under such rules and regulations for the conservation, maintenance, and manage-
ment of wildlife, resources thereof, and its habitat thereon, as may be adopted
by him in accordance with general plans approved jointly by the Secretary of the
Interior and the head of the department or agency exercising primary adminis-
tration of such areas: Provided, That such rules and regulations shall not be incon-
sistent with the laws for the protection of fish and game of the States in which
such area is situated.
SEC. 5. The Secretary of the Interior, through the Fish and Wildlife Service and
the Bureau of Mines, is authorized to make such investigations as he deems
necessary to determine the effects of domestic sewage, mine, petroleum, and
industrial wastes, erosion silt, and other polluting substances on wildlife, and to
make reports to the Congress concerning such investigations and of recommenda-
tions for alleviating dangerous and undesirable effects of such pollution. These
investigations shall include (1) the determination of standards of water quality
for the maintenance of wildlife; (2) the study of methods of abating and pre-
venting pollution, including methods for the recovery of useful or marketable
products and byproducts of wastes; and (3) the collation and distribution of data
on the progress and results of such investigations for the use of Federal, State,
municipal, and private agencies, individuals, organizations, or enterprises.
SEC. 5A. In the management oj existing facilities (including locks, dams, and
pools) in the Mississippi River between Rock Island, Illinois, and Minneapolis,
Minnesota, administered by the United States Corps of Engineers of the Depart-
ment
[p. 3]
of the Army, that Department is hereby directed to give full consideration.
and recognition to the needs of fish and other wildlife resources and their habitat
dependent on such waters, without increasing additional liability to the Govern-
ment, and, to the maximum extent possible without causing damage to levee and
drainage districts, adjacent railroads and highways, farm lands, and dam struc-
tures, shall generally operate and maintain pool levels as though navigation was
carried on throughout the year.
SEC. 6. There is authorized to be appropriated from time to time out of any
money in the Treasury not otherwise appropriated, such amounts as may be
necessary to carry out the provisions of this Act and regulations made pursuant
thereto, including the construction of such facilities, buildings, and other improve-
ments necessary for economical administration of areas made available to the
-------
2938
LEGAL COMPILATION—WATER
Secretary of the Interior under this Act, and the employment in the city of
Washington and elsewhere of such persons and means as the Secretary of the
Interior may deem necessary for such purposes.
SEC. 7. Any person who shall violate any rule or regulation promulgated in
accordance with this Act shall be guilty of a misdemeanor and upon conviction
thereof shall be fined not more than $500 or imprisoned for not more than one
year, or both.
SEC. 8. The terms "wildlife" and "wildlife resources" as used herein include
birds, fishes, mammals, and all other classes of wild animals and all types of
aquatic and land vegetation upon which wildlife is dependent.
SEC. 9. The provisions of this Act shall not apply to the Tennessee Valley
Authority.
[P-4]
1.27e(3) CONGRESSIONAL RECORD
1.27e(3)(a) Vol. 93 (1947), June 16: Passed House, pp. 7086-7087
CONSERVATION OF FISH AND
WILDLIFE OF UPPER MISSISSIPPI
The Clerk read the bill (H.R. 2721) to
amend the act of March 10,1934, entitled
"An act to promote the conservation of
wildlife, fish, and game, and for other
purposes."
The SPEAKER. Is there objection to
the present consideration of the bill?
Mr. MACKINNON. Mr. Speaker, re-
serving the right to object, I would like
to have this bill explained.
Mr. AUGUST H. ANDRESEN. Mr.
Speaker, if the gentleman will yield, this
bill simply provides and directs full
consideration and recognition of the
needs of fish and other wildlife on the
part of the United States Engineer Corps
in maintaining certain pool levels in the
upper Mississippi River during the win-
tertime. The bill does not apply to the
navigation season and only requires co-
operation during the winter months of
the year when we have several feet of
ice on the river. It was the practice
during the wartime for the War Depart-
ment to draw down the pools and vir-
tually drain some of the pools during
the winter months, and thousands of
tons of fish were destroyed or smothered
at the time because the water was re-
moved leaving the fish in pockets with-
out water. Now the War Department
has agreed to cooperate in the mainte-
nance of the pool levels during these
months. It does not affect navigation in
the lower Mississippi River or any other
part of the Mississippi because .the pro-
visions of this cooperation do not relate
during the period of the navigation
season.
Mr. JUDD. Mr. Speaker, will the
gentleman yield?
Mr. MACKINNON. I yield to the gen-
tleman from Minnesota.
Mr. JUDD. Where does it say that it
applies only during the winter?
Mr. AUGUST H. ANDRESEN. It
says: "Shall operate and maintain pool
levels as though navigation was carried
on throughout the year."
Of course, the pool levels are main-
tained during the navigation season.
The bill provides for the maintenance of
adequate water in pools during the win-
ter months to stop destruction of fish.
Mr. JUDD. Of course, the gentleman
knows what our concern is, that there
are certain seasons of the year in dry
years when the water is so low over the
chain of locks above St. Louis that un-
less there is some draw-down the navi-
gation cannot be carried on. May I ask
the gentleman, have the navigation peo-
ple on the Mississippi River expressed
any objection to this bill?
Mr. AUGUST H. ANDRESEN. The
-------
STATUTES AND LEGISLATIVE HISTORY
2939
navigation people, headed by one of the
gentleman's constituents, Mr. Strong,
are strongly in favor of this bill, and
have agreed to it.
Mr. JUDD. That is what I want to
know.
Mr. MACKINNON. Why did the War
Department object to this bill?
Mr. AUGUST H. ANDRESEN. The
War Department has agreed to cooper-
ate in maintaining pool levels during the
winter months to save fish and other
wildlife. Because they agreed to do it,
they raised an objection to the passage
of the bill and said it was not necessary.
This bill simply seals the agreement
with the War Department.
Mr. TALLE. Mr. Speaker, will the
gentleman yield?
Mr. MACKINNON. I yield to the gen-
tleman from Iowa.
Mr. TALLE. I repeat what I have
said to the very able and distinguished
gentleman from Minnesota privately on
many occasions, that very many people
in my district are keenly interested in
this legislation, and I urge its immediate
enactment.
Mr. AUGUST H. ANDRESEN. The
gentleman from Iowa has been very ac-
tive for this bill. I might say that a
similar bill affecting almost the whole
country passed the House by unanimous
consent last year and was stricken out in
the Senate. This bill has been restricted
to the Mississippi River between Rock
Island, Illinois, and Minneapolis, where
most of the damage was done during the
war years as a result of the draining of
pools in the wintertime.
Mr. MACKINNON. Mr. Speaker, I feel
it is very necessary to preserve a proper
balance between the conflicting inter-
ests
[p. 7086]
involved. We should give each his
due but not permit either to operate to
the destruction of the other. The diver-
gent interests are the two groups, one
concerned with the preservation of our
wildlife, and the other concerned with
navigation on the river. I am pleased to
hear my colleague the gentleman from
Minnesota [Mr. AUGUST H. ANDRESEN]
say that these groups have compromised
their differences and agreed on this bill.
In view of the gentleman's statement
that this does not operate during the
navigational season, I withdraw my res-
ervation of objection, Mr. Speaker.
Mr. AUGUST H. ANDRESEN. I can
assure my colleague from Minnesota
that there is no conflict of interest so
far as this legislation is concerned, as it
simply provides for cooperation on the
part of the War Department in the con-
servation of fish in the upper Mississippi
River. The War Department has agreed
to cooperate in accordance with the pro-
visions of the bill.
The SPEAKER. Is there objection to
the present consideration of the bill?
There being no objection, the Clerk
read the bill, as follows:
Be it enacted, etc., That the act of March
10, 1934 (48 Stat. 401), as amended by the act
approved August 14, 1946 (Public Law 732,
79th Cong.), Is hereby amended to Include
the following new section:
"SEC. 5A. In the management of existing
facilities (including locks, dams, and pools)
in the Mississippi River between Rock Is-
land, 111., and Minneapolis, Minn., adminis-
tered by the United States Corps of Engineers
of the War Department, that Department is
hereby directed to give full consideration
and recognition to the needs of fish and other
wildlife resources and their habitat dependent
on such waters, without Increasing additional
liability to the Government, and shall operate
and maintain pool levels as though navigation
was carried on throughout the year."
The bill was ordered to be engrossed
and read a third time, was read the third
time, and passed, and a motion to re-
consider was laid on the table.
[p. 7087]
-------
2940
LEGAL COMPILATION—WATER
1.27e(3)(b) Vol. 94 (1948), June 10: Amended and passed Senate,
p. 7693
CONSERVATION OF WILDLIFE,
FISH, AND GAME
The Senate proceeded to consider the
bill (H.R. 2721) to amend the act of
March 10, 1934, entitled "An act to pro-
mote the conservation of wildlife, fish,
and game, and for other purposes," as
amended by the act approved August 14,
1946, which had been reported from the
Committee on Interstate and Foreign
Commerce with amendments, on page 2,
in line 1, to strike out "War Depart-
ment" and insert "Department of the
Army"; and in line 5, after the word
"Government," to strike out "and shall
operate and maintain pool levels" and
insert "and, io the maximum extent
possible without causing damage to
levee and drainage districts, adjacent
railroads and highways, farm lands, and
dam structures, shall generally operate
and maintain pool levels."
The amendments were agreed to.
The amendments were ordered to be
engrossed and the bill to be read a third
time.
The bill was read the third time and
passed.
[p. 7693]
1.27e(3)(c) Vol. 94 (1948), June 11: House concurs in Senate amend-
ments, p. 7889
CONSERVATION OF WILDLIFE
Mr. AUGUST H. ANDRESEN. Mr.
Speaker, I ask unanimous consent to
take from the Speaker's desk the bill
(H.R. 2721) to amend the act of March
10, 1934, entitled "An act to promote
the conservation of wildlife, fish, and
game, and for other purposes," as
amended by the act approved August
14, 1946, with Senate amendments
thereto, and concur in the Senate
amendments.
The Clerk read the title of the bill.
The Clerk read the Senate amend-
ments, as follows:
Page 2, line 2, strike out "War Department"
and Insert "Department of the Army."
Page 2, line 6, strike out "and shall operate
and maintain pool levels" and Insert "and,
to the maximum extent possible without caus-
ing damage to levee and drainage districts,
adjacent railroads and highways, farm lands,
and dam structures, shall generally operate
and maintain pool levels."
The SPEAKER. Is there objection
to the request of the gentleman from
Minnesota?
There was no objection.
The Senate amendments were con-
curred in.
A motion to reconsider was laid on
the table.
[p. 7889]
1.27f TO AMEND THE ACT OF MARCH 10, 1934,
AS AMENDED
August 12,1958, P.L. 85-624, §2, 72 Stat. 563
AN ACT To amend the Act of March 10,1934, to provide for more effective inte-
gration of a fish and wildlife conservation program with Federal water-resource
developments and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Act of
-------
STATUTES AND LEGISLATIVE HISTORY 2941
March 10, 1934, as amended, and as further amended by this Act
may be cited as the "Fish and Wildlife Coordination Act".
SEC. 2. The first four sections of the Act entitled "An Act to pro-
mote the conservation of wildlife, fish, and game, and for other pur-
poses", approved March 10, 1934 (16 U.S.C., sees. 661-664, inclusive)
are amended to read as follows:
"For the purpose of recognizing the vital contribution of our wild-
life resources to the Nation, the increasing public interest and sig-
nificance thereof due to expansion of our national economy and other
factors, and to provide that wildlife conservation shall receive equal
consideration and be coordinated with other features of water-re-
source development programs through the effectual and harmonious
planning, development, maintenance, and coordination of wildlife con-
servation and rehabilitation for the purposes of this Act in the United
States, its Territories and possessions, the Secretary of the Interior
is authorized (1) to provide assistance to, and cooperate with, Federal,
State, and public or private agencies and organizations in the develop-
ment, protection, rearing, and stocking of all species of wildlife,
resources thereof, and their habitat, in controlling losses of the same
from disease or other causes, in minimizing damages from overabun-
dant species, in providing public shooting and fishing areas, including
[p. 563]
easements across public lands for access thereto, and in carrying out
other measures necessary to effectuate the purposes of this Act; (2)
to make surveys and investigations of the wildlife of the public
domain, including lands and waters or interests therein acquired or
controlled by any agency of the United States; and (3) to accept
donations of land and contributions of funds in furtherance of the
purposes of this Act.
"SEC. 2. (a) Except as hereafter stated in subsection (h) of this
section, whenever the waters of any stream or other body of water are
proposed or authorized to be impounded, diverted, the channel deep-
ened, or the stream or other body of water otherwise controlled or
modified for any purpose whatever, including navigation and drain-
age, by any department or agency of the United States, or by any
public or private agency under Federal permit or license, such depart-
ment or agency first shall consult with the United States Fish and
Wildlife Service, Department of the Interior, and with the head of
the agency exercising administration over the wildlife resources of
the particular State wherein the impoundment, diversion, or other
control facility is to be constructed, with a view to the conservation
of wildlife resources by preventing loss of and damage to such re-
sources as well as providing for the development and improvement
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2942 LEGAL COMPILATION—WATER
thereof in connection with such water-resource development.
" (b) In furtherance of such purposes, the reports and recommen-
dations of the Secretary of the Interior on the wildlife aspects of such
projects, and any report of the head of the State agency exercising
administration over the wildlife resources of the State, based on sur-
veys and investigations conducted by the United States Fish and
Wildlife Service and such State agency for the purpose of determin-
ing the possible damage to wildlife resources and for the purpose of
determining means and measures that should be adopted to prevent
the loss of or damage to such wildlife resources, as well as to provide
concurrently for the development and improvement of such resources,
shall be made an integral part of any report prepared or submitted
by any agency of the Federal Government responsible for engineering
surveys and construction of such projects when such reports are pre-
sented to the Congress or to any agency or person having the author-
ity or the power, by administrative action or otherwise, (1) to
authorize the construction of water-resource development projects or
(2) to approve a report on the modification or supplementation of
plans for previously authorized projects, to which this Act applies.
Recommendations of the Secretary of the Interior shall be as specific
as is practicable with respect to features recommended for wildlife
conservation and development, lands to be utilized or acquired for
such purposes, the results expected, and shall describe the damage to
wildlife attributable to the project and the measures proposed for
mitigating or compensating for these damages. The reporting officers
in project reports of the Federal agencies shall give full consideration
to the report and recommendations of the Secretary of the Interior
and to any report of the State agency on the wildlife aspects of such
projects, and the project plan shall include such justifiable means and
measures for wildlife purposes as the reporting agency finds should
be adopted to obtain maximum overall project benefits.
" (c) Federal agencies authorized to construct or operate water-
control projects are hereby authorized to modify or add to the struc-
tures and operations of such projects, the construction of which has
not been substantially completed on the date of enactment of the
Fish and Wildlife Coordination Act, and to acquire lands in accord-
ance with section 3 of this Act, in order to accommodate the means
and measures for such conservation of wildlife resources as an
in-
[p. 564]
tegral part of such projects: Provided, That for projects authorized
by a specific Act of Congress before the date of enactment of the Fish
and Wildlife Coordination Act (1) such modification or land acquisi-
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STATUTES AND LEGISLATIVE HISTORY 2943
tion shall be compatible with the purposes for which the project was
authorized; (2) the cost of such modifications or land acquisition,
as means and measures to prevent loss of and damage to wildlife re-
sources to the extent justifiable, shall be an integral part of the cost
of such projects; and (3) the cost of such modifications or land ac-
quisition for the development or improvement of wildlife resources
may be included to the extent justifiable, and an appropriate share
of the cost of any project may be allocated for this purpose with a
finding as to the part of such allocated cost, if any, to be reimbursed
by non-Federal interests.
" (d) The cost of planning for and the construction or installation
and maintenance of such means and measures adopted to carry out
the conservation purposes of this section shall constitute an integral
part of the cost of such projects: Provided, That such cost attribut-
able to the development and improvement of wildlife shall not extend
beyond those necessary for (1) land acquisition, (2) modification
of the project, and (3) modification of project operations; but shall
not include the operation of wildlife facilities nor the construction
of such facilities beyond those herein described: And provided fur-
ther, That, in the case of projects authorized to be constructed, oper-
ated, and maintained in accordance with the Federal reclamation
laws (Act of June 17, 1902, 32 Stat. 388, and Acts amendatory thereof
or supplementary thereto), the Secretary of the Interior, in addition
to allocations made under section 9 of the Reclamation Project Act
of 1939 (53 Stat. 1187), shall make findings on the part of the
estimated cost of the project which can properly be allocated to means
and measures to prevent loss of and damage to wildlife resources,
which costs shall not be reimbursable, and an appropriate share of
the project costs may be allocated to development and improvement
of wildlife resources, with a finding as to the part of such allocated
costs, if any, to be reimbursed by non-Federal fish and wildlife
agencies or interests.
" (e) In the case of construction by a Federal agency, that agency is
authorized to transfer to the United States Fish and Wildlife Service,
out of appropriations or other funds made available for investigations,
engineering, or construction, such funds as may be necessary to con-
duct all or part of the investigations required to carry out the
purposes of this section.
" (f) In addition to other requirements, there shall be included in
any report submitted to Congress supporting a recommendation for
authorization of any new project for the control or use of water as
described herein (including any new division of such project or new
supplemental works on such project) an estimation of the wildlife
benefits or losses to be derived therefrom including benefits to be
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2944 LEGAL COMPILATION—WATER
derived from measures recommended specifically for the development
and improvement of wildlife resources, the cost of providing wildlife
benefits (including the cost of additional facilities to be installed or
lands to be acquired specifically for that particular phase of wildlife
conservation relating to the development and improvement of wild-
life), the part of the cost of joint-use facilities allocated to wildlife,
and the part of such costs, if any, to be reimbursed by non-Federal
interests.
" (g) The provisions of this section shall be applicable with respect
to any project for the control or use of water as prescribed herein,
or any unit of such project authorized before or after the date of
enactment of the Fish and Wildlife Coordination Act for planning
[p. 565]
or construction, but shall not be applicable to any project or unit
thereof authorized before the date of enactment of the Fish and Wild-
life Coordination Act if the construction of the particular project or
unit thereof has been substantially completed. A project or unit
thereof shall be considered to be substantially completed when sixty
percent or more of the estimated construction cost has been obligated
for expenditure.
" (h) The provisions of this Act shall not be applicable to those
projects for the impoundment of water where the maximum surface
area of such impoundments is less than ten acres, nor to activities
for or in connection with programs primarily for land management
and use carried out by Federal agencies with respect to Federal lands
under their jurisdiction.
"SEC. 3. (a) Subject to the exceptions prescribed in section 2 (h)
of this Act, whenever the waters of any stream or other body of
water are impounded, diverted, the channel deepened, or the stream
or other body of water otherwise controlled or modified for any pur-
pose whatever, including navigation and drainage, by any depart-
ment or agency of the United States, adequate provision, consistent
with the primary purposes of such impoundment, diversion, or other
control, shall be made for the use thereof, together with any areas of
land, water, or interests therein, acquired or administered by a Fed-
eral agency in connection therewith, for the conservation, mainte-
nance, and management of wildlife resources thereof, and its habitat
thereon, including the development and improvement of such
wildlife resources pursuant to the provisions of section 2 of this Act.
" (b) The use of such waters, land, or interests therein for wildlife
conservation purposes shall be in accordance with general plans ap-
proved jointly (1) by the head of the particular department or agency
exercising primary administration in each instance, (2) by the Secre-
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STATUTES AND LEGISLATIVE HISTORY 2945
tary of the Interior, and (3) by the head of the agency exercising the
administration of the wildlife resources of the particular State
wherein the waters and areas lie. Such waters and other interests
shall be made available, without cost for administration, by such
State agency, if the management of the properties relate to the con-
servation of wildlife other than migratory birds, or by the Secretary
of the Interior, for administration in such manner as he may deem
advisable, where the particular properties have value in carrying out
the national migratory bird management program: Provided, That
nothing in this section shall be construed as affecting the authority
of the Secretary of Agriculture to cooperate with the States or in
making lands available to the States with respsct to the management
of wildlife and wildlife habitat on lands administered by him.
" (c) When consistent with the purposes of this Act and the reports
and findings of the Secretary of the Interior prepared in accordance
with section 2, land, waters, and interests therein may be acquired
by Federal construction agencies for the wildlife conservation and
development purposes of this Act in connection with a project as
reasonably needed to preserve and assure for the public benefit the
wildlife potentials of the particular project area: Provided, That
before properties are acquired for this purpose, the probable extent
of such acquisition shall be set forth, along with other data necessary
for project authorization, in a report submitted to the Congress, or in
the case of a project previously authorized, no such properties shall
be acquired unless specifically authorized by Congress, if specific
authority for such acquisition is recommended by the construction
agency.
[p. 566]
" (d) Properties acquired for the purposes of this section shall
continue to be used for such purposes, and shall not become the sub-
ject of exchange or other transactions if such exchange or other
transaction would defeat the initial purpose of their acquisition.
" (e) Federal lands acquired or withdrawn for Federal water-
resource purposes and made available to the States or to the Secre-
tary of the Interior for wildlife management purposes, shall be made
available for such purposes in accordance with this Act, nothwith-
standing other provisions of law.
" (f) Any lands acquired pursuant to this section by any Federal
agency within the exterior boundaries of a national forest shall, upon
acquisition, be added to and become national forest lands, and shall
be administered as a part of the forest within which they are situated,
subject to all laws applicable to lands acquired under the provisions
of the Act of March 1, 1911 (36 Stat. 961), unless such lands are
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2946 LEGAL COMPILATION—WATER
acquired to carry out the National Migratory Bird Management
Program.
"SEC. 4. Such areas as are made available to the Secretary of the
Interior for the purposes of this Act, pursuant to sections 1 and 3 or
pursuant to any other authorization, shall be administered by him
directly or in accordance with cooperative agreements entered into
pursuant to the provisions of the first section of this Act and in ac-
cordance with such rules and regulations for the conservation, main-
tenance, and management of wildlife, resources thereof, and its habi-
tat thereon, as may be adopted by the Secretary in accordance with
general plans approved jointly by the Secretary of the Interior and
the head of the department or agency exercising primary adminis-
tration of such areas: Provided, That such rules and regulations shall
not be inconsistent with the laws for the protection of fish and game
of the States in which such area is situated (16 U.S.C., sec. 664):
Provided further, That lands having value to the National Migratory
Bird Management Program may, pursuant to general plans, be made
available without cost directly to the State agency having control
over wildlife resources, if it is jointly determined by the Secretary
of the Interior and such State agency that this would be in the pub-
lic interest: And provided further, That the Secretary of the Interior
shall have the right to assume the management and administration
of such lands in behalf of the National Migratory Bird Management
Program if the Secretary finds that the State agency has withdrawn
from or otherwise relinquished such management and administra-
tion."
[p. 567]
GOVERNMENT PRINTING OFFICE : 1974 O-469—516 (Vol. 5)
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US Environmental Section
RfK.cn V. Library
230 South Dearborn S.re
Chicago, !»HnoK 60b04 /
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