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000870 22126 Mr. ALLOTT. Let me ask the dis- tinguished Senator from Vermont whether his Question has been answered. Mr. AIKEN. Yes. However. I have a. further Question to ask. Mr. LAUSCHE. First. Mr. President. on this question w1ll the Senator from Colorado yield, to permit me to make a comment? The PRESIDING OFFICER (Mr. EDMONDSON In the chair). Does the Senator from Colorado yield to the Senator from Ohio? Mr. ALLOTI'. I yield to the Senator from Ohio, to pennlt Wm to make B com- ment on this subject. Mr. LAUSCHE. It has been stated that only the states wWch voluntarUy join in the program will become liable. for the expenses incurred In the opera- tion of the regional councll. Section 20'7 states, however, that each commission . shall determine the proportionate share . of its expenses which shall be borne bY the Federal Government and by each of the States. I am somewhat fearful that this lan- . guage Is QuIte mandatory, and that any discussions of the nature of the one we are havIng now, even though made with the best and most honest of Intentions. could not change the meaning of clear . . and unequivocalla.nguage. I should like . to have the Senator from Colorado com- ment on that point. Mr. ALLOTI'. I shall be very happy to do so, because I raised thla question. If we could lay thIs matter asIde for a few minutes, however, I think the Inser- tion of one or two words-and In that , connection we would be thankful for the Senator's help-might clear up this mat- ter. Mr. AIKEN. I hope the wording will be made so clear that it cannot Posslbly . be misinterpreted at a later date, because . I am in favor of the proposed legisla- tion as a whole. Mr. ANDERSON. Mr. president, will the Senator from Colorado yield to me? Mr. ALLOTI'. I yield. Mr. ANDERSON. I do not question the right or the responsJblllty of the com- . mission to fix the assessments. agatnst . the various States; I only point out that if a state has not agreed to accept the/ arrangement, It does not. have to pay the assessment. That point has been clearly established. U a State wishes to pay the asseS$ment. It can do so. However, the question asked by the Senator from Vermont was whether the . assessment could be enforced against Vermont. I say that it is clear. under the Delaware case, that It could not be enrorced against Vermont, f.or it a State . does not enter Into the arrangement, it does not have to accept the assessment; and Delaware has not agreed to the as- sessment, and therefore does not have to accept the assessment. Mr. ALLOTI'. The Senator's state- . ment Is valuable for the record; it shows that the statement..s we have previously made do not destroy the power of the . commission, under section 20'1, to de- termine the proportionate share of .the . expenses which shall be. bome' by. bhe Federal Government and the proportion- ate shB.re which shall be borne by. each CONGRESSIONAL RECORD - SENAl'E or the States; but unless a State is a member of the commission on a volun.. tan' basis, there would be no means of enforcement of the assessment, and it would not constitute a legal Uablllty. Mr. ANDERSON. So far as I am con- cerned, I should Uke to have the matter rest in the way the Senator from Colo- rado has put it. Mr. ALW'IT. I thank the Senator from New Mexico. Mr. AIKEN. This clarification should be quite helpful. or course, there is no certain way to prevent some persons from misinterpreting any act of Con- gress. Misinterpretations have been mB.de berore; and no doubt they wlll be made again. I wlsh to refer to another point: As I understand, if a majority of the States In a region or In an area.--and, inci- dentally, what Is the difference between a region and an area? Has that ques- . tion been brought up yet? Mr. ALLOTI'. Not yet. Mr. ANDERSON. I think the able Senator from Colorado will propose that the word "region" be changed to the word "area." In that way. the wordIng wlll be the same; and I shall accept his amendment. Mr. AIKEN. I am thInking in terms of New England, where there are six States. . As I understand this measure, three of them could establish a commission and could require the other three States to . become members-Inasmuch as it Is clear that half of the States In an area can set up a river basin planning com:m1sslon. But I also understand that it Is Impos.. sIble to get out or the commlBsion with- out the consent of the majority of the States involved. Is that correct? Mr. ANDERSON. Agaln.IBmnottry- tog to hedge on an answer; I only say that tht Senator from ColoradO has pro- posed an amendment which will put It on the basts of half of the States,instead of a majority of the States; and we are prepared to accept his amendment. Mr. AIKEN. Yes. Mr. ANDERSON. Theretore, I think . the correct answer would be that if halt vote to go out, the other half would be permitted to do so. Mr. AIKEN. Could halt 01 the states go out by themselves? For Instance In the last 2 or 3 years there has beei1 a . perfectly preposterous proposal to es- tablish a compact in New England and to bring in the sIx New England states. It has not been enacted into law as yet. Nevertheless. the legislatures of rour States accepted it-the legislatures of the three southern States and New Hampshire. Maine and Vermont never did accept it. Under the proposed legis- lation we are considerIng today-which. is a very great lmprovement over the proposed New England compact-it would still appear to be possible for four New England States to set up a commls- .slon, and the other two would become part or the commission. even though they could not be legally assessed or re- quired to pay toward the cost of 6Ome- th1ri.g they did not want to get into, in the first place. Mr. ANDERSON. I believe It la lair to . say that rour States can set up a com- mlsslon, but each State Is autonomous. .~ .-\.., December 4 They could not drag in Maine and Ver. mont. Mr. AIKEN. They could not? Mr. ANDERSON. They COUld not. There Is no authortty to take in those two States. Even though an attempt might be made to set up a project on a six-State basis, tr onlY four states agree to setting it UP. those four would be the only ones In the plan-unless the others come in. Mr. AIKEN. Vennont Is a party to several regional compacts, which operate amicably and effectively. However, we do not wish to take a chance on getting dragged into something which would clearly be to our detriment. Mr. SIMPSON. Mr. President. will the Senator yield? Mr. ALLOTI'. I yIeld. Mr. SIMPSON. The Senator from Vennont has raised a question I was go- ing to ask and which I wlll try to develop a Uttle further. There Is considerable apprehensIon In the state of Wyoming. As the senator from New Mexico recog.. nlzes, the State of Wyoming might be .Involved tn four major river basin proJ- ects. and a couple of less proportion. We are In the Columbia River Valley, the Upper Colorado River Basin, the Mis- souri River Basin. and In the Snake RJver compact. With Utah we are In the Bear River compact. What would happen It the State 01 Wyoming chose to go along on a project In one particular area but not the three others? Would we be Involved In all 01 them? . Mr. ANDERSON. I hope I am correct tn saying to the Senator that the States . that set up projects In areas which the State of Wyoming might not express a desire to Join could go ahead with their own work and do their own planning. The state of Wyoming could not be forced Into those other commIssions. For example, If Wyoming decided to stay only with the Colorado River Basin. that la the only project to which the State would make a contribution and the only one to which the State would be bound. Mr. SIMPSON.. What about the Fed- eral contribution to. the state of WyO- inlng ~th respect to the one It chose to Join? Mr. ANDERSON. If that Is what the State expressed a desire to do, that would be It. States have been determined in the assertion of their own rights. That Is why the language is different from that contained In the blll S. 2246. We have had to recognize that tile States do have strong feeUngs. They may wish to Join the State of New Mexico in the Colorado River compact but not In the Pecos River compact. Therefore arter . much discussIon, I am quite sur~ I am . . correct in saying that the state of Wyo- ming could join whatever commission it wished to join, and would be regarded as responsible for assessments In that par- ticular area and in that particular area . alone.. Mr. ALLO'IT~ To clear up this point for the legislative record. and in re- sponse to the question or the. Senator from Wyoming, if we assume that the State 01 Wyoming la Involved In' lour separate basins-perhaps It Is flve--then . It could be a member 01 four basin com- "