<br />OU0878
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<br />22134
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<br />CONGRESSIONAL RECORD - SENATE
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<br />December 4
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<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 ~.
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<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
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<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
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