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22128 000372 ..-,. they have been satisfied with. I believe It Is satisfactory, Even ttJough It does seem to say that the Council may hold back money. it cannot do so if a State puts up a pro- gram as set forth from line 20 on page 21 over to the top of page 23. These arc the types of programs which the Senator from Wyoming: would support If he were chief executive of his State ar(ain. This is exactly what we want the States to do. Mr. SIMPSON. The Senator from New Mexico has done a thorough and exhaustive Job. of which he Is so capable. on this particular measure. I am not taking issue with the work of the com- mittee. When the Senator from New Mexico tens me something I believe It. Mr. ANDERSON. I thank the Sena- tor. Mr. ALLOTT. Mr. President, it no other Senator desires to have me yield at the moment, I should like to proceed to a consideration of the amendments. I belleve they can be dealt with rapidly. I offer an e.mendment which I send. to the desk, and ask .for lmmed.iate con- sideration. The amendment pertains to page 6, line 19, and page 16, line 7, of the bilL . The PRESIDING OFFICER. The amendment wtll be stated for the infor- , matIon of the Senate. , The LEGISLATIVE CLERK. On page 6, line 19, after the word "by" it is proposed . to insert the following: "a majorIty of". On page 16, line 7, after the word "by" it Is proposed to insert the following: lOa majority at." Mr. LAUSCHE. Mr. President, will the Senator yield? Mr. ALLOT!". I am happy to yield to the Senator from Ohio. Mr, LAUSCHE. I have heard the arguments made that under the financial aid provisions of the bill States could be. compelled to abandon. their own views and to conform to what the FederBl- Government suggests. I direct the at- tention of the Senator from Colorado [Mr. ALLOT'l], of the Senator from New:- 'Mexico [Mr. ANDERSON], and of the Senator from Wyoming [Mr. SIMPSON} to page 21. to section 303, which pro-. vIdes: TIle CouncU shan approve any p.rogram. tor comprehelUllve water and related land resources planning which II lubmltted by a Stnte,lt such program- (1) provides tor comprehenelve planning with respect to Intrastate or Interstate water resources or both in such State to meet the.. needs tor water and water related activities taking Into account prospective demands. tor all purposes served. through or afl'ected by water and related land resomcea devel- opment, wIth adequate provision tor coordi- nation. It tells what the St.ate must do. On page 23, under sectIon. 304;.'tt is . provided: Whenever the Council arter reasonable no_ tice an opportunity for hearing to a State agency.ondS tbo.t- (&) the program submLtted by. such state and approved under sectlon 303 hu been so changed that It no longer compllea with a requirement ot such section; or (b) In the administration of the program there 111 . failure to comply 8UbistanUa1l1 with IUch . reqUlrement, tbe Council shall ~ONGRESSIONAL RECORD - SENAfE notify such agenoy that no further pay- ments will be mode to the St.a.te under th1.II title until It Is sa.tls.oed that there will DO longer be any such tallure. My query Is: Does not this language. giving the Council the control over the. purse strings, give to the Council the positive and absolute power to compel compliance by the State with the Coun- cil views on what should be done? I should like to ask both Senators that question. Mr. ALLOT!". I will reply to the dis- tinguished Senator; and I know the dis- tinguished Senator from New Mexico will wl.sh to reply also. When I discussed this matter previ- ously, I beI1eve the Senator had not yet come to the Chamber. Mr. LAUSCHE. The Senator is cor.. recto Mr. ALLOTI'. This is, in my opinion, one of the great weaknesses of the bOl. TIle Council is composed, as the Senator knows. of the Secretaries of the Interior, Agriculture, the Army, and Health: Edu- cation, and .Welfare, and the Chalnnan of the Federal Power Commission. All those indivIduals are Presidential appointees, whose nominations are sub- ject to confirmation by the Senate. The powers of which the Senator spoke are listed on page 23, and it is absolutely correct to state that they are to be given to the Council. They are extensive. They could amount to a choke leash, if the Council were arbl trary enough to exercise the powers in an arbitrary man- ner. I know the Senator from New Mexico; will say. "We must' presume that those people are going to be reasonable." I suppose we must make such an assump- tJOD. There is one attempt made to lay out guIdelineS for the action of the Counc:lI, which the Senator read, and whIch of course Is partIcularly subsection 1 of sec.. tlon 303. which states that- 'The States must provide tor comprehenslve planning with respect to Intrastate or Inter,~ state water resources or both In 8uch State to meet the needs tor water and water related' actIvities taking- Into account prospective demands tor all purposes served through or. atrected by water and related land resources development, with adequate provision tor coort1lnatlon- The. Senator left out. in my opinIon... . the most important part of the para.- graph: ..with all Federal, State, and local agencies having responsiblUties in: affected fields." ThJs last phrase, in my opinion. is the ]'eai guide that Is to benefit the councll. The council must approve a State pro.. gram if It meets these guidelines. The. only trouble is that we cannot bring a. counell into court if we. think It has abused its discretion. The Senator has very well put his finger on a sensitive part of the bill. I yield to the Senator from New Mu- teD {Mr. ANDERSON,], because he may have a different vIew. . Mr. ANDERSON. When I went into. the Department of Agrtculetrre I dls- covered that. the Extel18lon Service had. much power over. great groups. An ex- tenBlon cU=tor who- wanted to do 80 December 4 could have made it tough on any in- dIvWual State extenslon service. But B hundred years of experience In the Department of Agriculture shows that under administration of the Morrill Act it has not done so. Once in a while a director got out of hand and he was fired. but the States and the land grant colleges did not get into trouble. The relationship to the States and to the land grant colleges has been ex- tremely good, although there 1s power given if the land grant colleges do not do the things they are supposed to do, to withhold funds. The purpose of thIs language Is that, for example. it we started with develop- ment 01 the Pecos River, joining wltb the State of Texas, and funds were grant- ed for that purpose. and then we de- cided to develop the Mimbres River, that would be in violation of what we said we were going to do. This language would stop that. It would be an exam- ple of the State not doing what it said it was going to do. Funds .cannot be wasted by a State on a frivolous program. I recognize the dUftculty of guaran- teeing the Integrity of an oftlclal. It is d1mcult to make such a guarantee; But, generally speaking, with this particu- lar language, the administrator must put up the money, and he must make sure that the State does what it said it would do. I am not sure whether the Federal Government could be sued. . Mr. LAUSCHE. Looking at section 305, which deals with the Federal share, it reads: The Federal share tor any State shall be 100 per centum. ot the coet ot carrying out Its approved program leBl that percentage which bears the same ratio to 50 per centum as the per capita Income ot such State bears to .the per capita Income of the entire .nlted States. . ... I shall not read on. Does the pro- vision for Imposing a share of cost deal with the cost of a project to develop the wa~r resources, or the cost of making plans? Mr. ANDERSON. Planning only. Mr. ALLOT!". It has to do with the State's planntrig. Mr. LAUSCHE. I does not deal with ~he project? Mr. ANDERSON. No; we could not justify It on that basis. Mr. LA USCHE. Whlle the experIence of the Senator from New Mexico with the Department of Agriculture may be comforting. I had experiences with re- spect to a situation in aid to the handi- capped. under .the Federal aid. program, . under which 87 of the 88 counties in the State complied. One county. Harrison -County, saId, "We wlll not let the U.S. Government tell us how we shall employ OUII personnel to administer the pro- gram." I- begged Harrison County to comply. It asserted its sovereignty and independence, and refused to do it. The bureaucrats said the county was going to comply or the State of Ohio would lose. all of the money to which .it was entitled. When Governor Davey, now deceased, was the head. of our St.ate. Ohio had several mJlllon dollars taken trom it tor failure to comply wltb some picayune