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<br />OU0878 <br /> <br />22134 <br /> <br />CONGRESSIONAL RECORD - SENATE <br /> <br />December 4 <br /> <br />, <br />,. <br /> <br />. (1) Ute emcacy of such plan or revision In' <br />achieving opt.lmum use of t.he wa.ter and <br />relnt.ed land resources In the area Involved; <br />(:;I) t.he elJect. or tJIe plan on the achieve- <br />ment or oUler programs tor the development <br />of agricultural, urban, energy. IndUBtrlal, <br />recreat.lonal, flsh and wlldllfe, and ot.her re. <br />sources or t.he entire Nation; and <br />(3) the contribut.lons whIch such plan or <br />roevlslon ..",m. ma.ke 10 obta.inlng the Na.Uon's <br />economic and social goals. <br />Bn.sed on such review the Council ,baU- <br />(a) recommend such modlflcatlonsln such <br />plan or revlalon as It deems defllrable In <br />the na.t.lonal Intetetlt; and <br />(b) transmit liucb plan or revision. in- <br />cluding Ita recommendations and the news, <br />commente, and recommendatlons wtth re- <br />spect. to such pllUl or revision Ilubmltt.ed by <br />any Federal agency, Governor, Interstate <br />commlS31on, or United Statell sectlon of an <br />Interno.t1onnl commission, to the President <br />for hla review nod transmlt-tal to the Con- <br />gress with hill reco~mendatlons in regard' <br />to authorization of Federal proJects. <br />BEC. 106. (a) For the purpcw;;e of carrying <br />out the provisIons of thle Act, the Council <br />may: (1) hold such hearings, sit and ILct at <br />such times and places, take Ilueh testimony, <br />receive lluch evIdence, and print or other- <br />w18e reproduce and dlstr:lbute 110 much of I'" <br />proceedLngs and reporta thereon aa It may" <br />'deem advisable; (2) acquire, fuml&h, and <br />equip such omce l!Ipace as la necessary; (3) <br />use the United. States malls In the same <br />manner and upon the same condlt.lons 811 <br />other departments and agenclell of the <br />United States; (4) employ and tlx the com- <br />pensation of lluch personnel BlI It. deems <br />advisable, In accordance With the civil serv- <br />Ice laws and ClassIfication Act of 1949, aa <br />amended: (6) procure servlceIJ as author- <br />ized by section 16 of the Act of August 2, <br />1946 (6 U.S.C. 66a), at rates not to ezceed. <br />,lIDO per diem for Individuals; (6) purchase, <br />hire, opers.t.e, and maintain passenger motor <br />,vehlclell; Qnd (7) Incur sucb necessary ex- <br />penses and exercise such other powers u are <br />oonsLstent with end reasonably required to <br />'perform Ita functions under tl1ls Act. <br />(b) Any member 01 the Council Is !!,utbor- <br />lzed to administer oaths when It I. deter- <br />mined. by a maJority of the CouncIl that <br />tesUmony shall be taken or evidence re- <br />ceived under oath. <br />(c) To the eztent permitted by law, all <br />appropriate records and papers of the Coun- <br />cil may be made available for publiC In-, <br />8peCtlon during ordinary ofllce hours. <br />Cd) Upon request of the CouncIl, the head <br />of any Federal department or agency II au- <br />thorized (1) to furnllllh to the Council such <br />information B8 may be necessary lor earry- <br />ing out Its functions and u may be available <br />to 'or procurable ,by INch department or <br />agency, and (2) to detail to temporary duty <br />with luch Oouncll on a reimbursable bullll <br />lIIuch personnel wltbln hie admInlstratJve <br />Jurledlctlon as It may 'need or bellen to be <br />U&efuI 'lor carrying out Its lunctlons. each <br />euch detail to be wIthout 105S of seniOrity, <br />pa.y, or other employee status. <br />(e) Tbe Council shan be responsible for <br />(1) the appOintment a.nd supervision of per. <br />sonnel. (2) the B58lgnment of duties snd <br />reeponslblHtles among euch personnel, and' <br />(8) the use and expenditures of funds. <br />TITLB n-RI~ BASIN' COMMISSIONS <br />Creation 01 comm:f.uions <br />BEC. 201. (a) The President Ie authorized <br />to declare the establishment of 8 river basin <br />water and related land resources commls. <br />elon upon requl!lIIt therefor by the CouncIl. <br />or reQ. uest addreued to the Council by a <br />State wtlhln which all or part of the buln <br />or baslm concerned are looa.ted U the re-. <br />quest by tbe Council or by a State (I) de- <br />flnes the e.,rea.. river bas1n, or group of related <br />river baatnl for which a comm1aIIIlon .. re- <br />queated. (:i) Ie mad~ In writing b1 the ~. <br /> <br />i <br />I <br />i <br /> <br />ernor or In such manner as State law may <br />provide, or by the Council. and (3) Is con- <br />curred In by the Council and by not Jesa <br />than one-half of the States within which <br />portions of the buln or basins concerned <br />are located: Provided, That for the purposes <br />of this Act wherever a river bMln has been <br />. divided Into subba.slns by an Act of Con- <br />gress or by an Interstate compact to which <br />'the consent of Congress haa been given. each <br />subbasin r;hall be treated R8 a 1gepsrate basin. <br />Such concurrences shall be In writing. <br />Wllenever. within a reasonable time. BUm- <br />clent concurrences by States are not obtain <br />to etrectuaw a request of the Council that <br />& Commission be establ1ehed, the Council <br />may upon a Ondlng of need recommend to <br />the Prealdent that luch planning as Is other- <br />,wise authorized by law proceed. <br />(b) ER.Ch such commlselon for &Il area, river <br />bs.sln. or group ot rlver baslne shall- <br />(1) serve as the principal agency for the <br />coordination of Federal, State, Interstate. and <br />local plans tor the development of water and <br />relnted land resources in Its area. river b88ln, <br />or group of river ba15ins; <br />(2) prepare and keep up to date. to the <br />extent practicable a comprehensive, coordi- <br />nated, Joint plan for Federal, State, Inter. <br />state, and local dneJopment of water and <br />related resources: Provided, That the plan <br />may Include alternatives and It may be pre- , <br />pared 10 stages, InclUding recommendatIons <br />with respect to IndivIdual proJects; <br />(3) recommend long-range schedules of <br />priorities for the collection and analysis of <br />basic data. and for Investigation, planning..... <br />and constructIon of projects; and <br />(4) foster and underta.ke such studies of <br />water and related land resources probleml In <br />1t.8 area. river basin, or group 01 river bulns <br />as are necesflary In the preparation ot the. <br />plan described In' clause (2) of thle lub- <br />, section. <br />Kl!:MBE!l.!:HIP or COMMISSIONS <br />SEC. 202. Each river basln commission shall <br />be composed of members appointed as fol- <br />lows: <br />(a) A cbalrman 'appoInted, by the Presi- <br />dent who shall also Berve as chalrma.n and <br />cordInatlng omcer of the Federal members' <br />of tbe commJsslon and who shan represent <br />'the Federal Gover~ent In l"edera.l-State re. <br />latlonl on the cdmmlssIon and who shall <br />not, durIng the period of bls service on the <br />commission. hold any other position u an <br />ofticer or employee of the United Bt.ates. ex. <br />cept as a retIred oftl.cer or employee; <br />(b) One member from each Federal de. <br />partment or Independent agency determined <br />by the President to have a substa.ntla.l Inter- <br />est In the work. to be undertaken bJ the <br />'commission. such membsr to be appointed <br />by the head of .such department or Inde. <br />pendent agency a.nd to serve 88 the repre- <br />eentstlve of such department or Independent <br />agency; <br />(c) One member from eaCh State. which <br />lies wholly or partially within the area, river <br />OOeln, or group ot rl ver basins for which <br />the commission Is established, and the ap- <br />pointment of each lluch member shall be <br />made In n.ccordance with the laWB of the <br />State which he represents. In the s.bsence <br />of governing, provisions of State law, such <br />State members Iball be appointed and serve <br />at the pleasure of the Governor; <br />(d) One member appointed by an Inter- <br />state agency created by an Interstate com-, <br />pa.ct to which the consent of Congress has <br />been given, and whoso Jurisdlct.lon extends <br />to the waters of the, area, river bsaln. or <br />group of river basins for which the river <br />basin commission la created; <br />(e) When deemed' appropriate by the <br />President. one member, who shall be ap- <br />pointed by the Prellldent, from ~he United <br />States section of any International, coDllJ'l1a- <br />810n created by a treaty to which the conaent <br />of the Bena.~ ha.s been given, and wbOl!le <br /> <br />Jurisdiction extends to the wnters of t.he <br />:area. river basin, or group of river basins for <br />which the river bnsln commission Is estab- <br />lished. <br />ORGANIZATION 01' COMMIS6ION5 <br />SEC. 203. (a) Ench river basin commission <br />"shall organize for the performance of Ita <br />functions within ninety dnys arter the Presi- <br />dent shall have declared the establishment <br />of such commission. subject to the avn.lI- <br />ablllty of fundi for carrying on 1t.8 work. <br />'A commission shall terminate upon agree. <br />ment of the Council or ngreement of not <br />less than one-hall of 11 majorIty or the States <br />composing the commission. Upon stich <br />tennInatlon, all property, assets, and records <br />of the commIssion shall thereafter be turned <br />over to such agencies of t.he United States <br />and the participating States B8 shall be <br />appropriate In the circumstances: Provided, <br />That studlee, data. and otber materials use. <br />ful In water and related land resource plan. <br />,nlng to any of the partlclpa.nt!l shall be kept <br />treely available to all such partlclpante. <br />(b) State members of each commission <br />shall elect a. vice chalrmnn, who shall serve <br />1\160 Wi che.lrman Bond cOOTdlne.tLng OmCeT of <br />the State members of the commission and <br />- who shall represent the State governmente <br />In Federal-State relations on the commission. <br />(c) Vacancies In a commlselon shaH not <br />atreet ita powers. but shall be tilled In the <br />same ma.nner In which the orIginal appoint- <br />ments were made: Provided:, That the chair- <br />man and vice chairman may designate alter- <br />nates to act for tbem during temporary ab- <br />.ences. <br />(d) In the work: at the commission every <br />reasonable endeavor IlIban be made to arrive <br />at a conBeSUS of all members on all Issues; <br />but talUng this. lull opportunity shall be <br />aJrorded ea.cb member for the presentation <br />and report of Indlvldua.l vlewl: Prov~ded, <br />That at any time tbe Commission falle to <br />'act by reason of absence of consensus. the <br />poeltlon of the Chairman. acting In behalf <br />of the Federa.l members, and the Vice Chalr~ <br />man, acting upon instructions of the State <br />memben, shall be llet forth In the record. <br />Duties 01 the commf.",ions <br />SEC. 2001. Es.ch river hasln commlsalon <br />aball- <br />(1) engage In such activities and make <br />lIuch studIes and investlgationl!l as are neces- <br />sary a.nd desirable In carrying out the polley <br />set forth In section 2,of th1s Act and in ac- <br />complishing the purposes set forth In sec- <br />tion 20J (b) of thll Act; <br />(:i) submit to the Council and the Gover- <br />, nor of each partJclpatlng State a report on <br />ita work at least once each year. Such re. <br />port shan be transmitted through the Presl.' <br />dent to the Congreee. Alter llIucb transmis- <br />sion, copies of any such report shall be sent <br />to the heads of such Federal. State. inter- <br />state, and International agencies as the Pres. <br />Ident or the Oovernore of the participating <br />States'may direct; , <br />(3) lubmlt to the Council for transmls~ <br />sian to the Presldent and by him to the <br />Congrel}B. and the Governors and t,he leg1e. <br />laturee of the partiCipating Statel a compre. <br />~enslve, coordinated. Joint plan. or any ma- <br />Jor portion thereof or necessary revIsIon. <br />thereof, for water and related land resources <br />development. In tbe area. river basin. or <br />group of river basins for which l!Iuch COrn- <br />mlr;slon WBS establIahed. Before the com- <br />mlsslon Bubmlts web B. ple.n or major par. <br />tlon thereof or revision thereof to the Coun- <br />en" It shan transmit the proposed plan or <br />revision to the bead of each Federal depart. <br />ment or agency. the Governor of each St&te. <br />and each Interstate, agency, tram which a <br />,member of the 'coIIlI9leeIOD has been ap- <br />pointed. and to the head at the United States <br />section of any InternaUonal commlsalon If <br />the plan, portion or revlaion dea18 With a <br />boundary water or a river crOSsing a. bound- <br />iuy, or any tributary flowing into Buch <br />