OCTOBER 2 (legislative day, SEPTEMBER 11), 1975.-Ordered to be printed

Mr. JACKSON, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany S. 506]

The Committee on Interior and Insular Affairs, to which was referred the bill (S. 506) to amend the Water Resources Planning Act to extend the authority for financial assistance to the States for water resources planning, having considered the same, reports favorably thereon with amendments and recommends that the bill, as amended, do pass.

The amendments are as follows:

(1) Strike out all after the enacting clause and insert in lieu thereof the following:

That the Water Resources Planning Act of 1965 (79 Stat. 244, as amended) is hereby further amended as follows:

(a) By deleting in section 101 the words "the Secretary of Health, Education, and Welfare," and inserting in lieu thereof "the Secretary of Commerce, the Secretary of Housing and Urban Development, the Secretary of Transportation, the Administrator of the Environmental Protection Agency,”.

(b) By deleting in section 105(a) (5) the words "to exceed $100 per diem for individuals" and inserting in lieu thereof "in excess of the daily equivalent of the rate prescribed for grade GS-18 under section 5332 of title 5 of the United States Code in the case of individual experts or consultants;".

(c) By deleting in section 205(a) (4) the words "to exceed $100 per diem" and inserting in lieu thereof "in excess of the daily equivalent of the rate prescribed for grade GS-18 under section 5332 of title 5, United States Code,". (d) By deleting in section 301 (a) the words "for the next fiscal year beginning after the date of the enactment of this Act and for the nine succeeding fiscal years thereafter" and inserting in lieu thereof "for fiscal years 1977 and 1978". (c) By deleting immediately after the phrase "(c) not to exceed" in section 401(c) the words "$3,500,000 annually for fiscal years 1974 and 1975" and inserting in lieu thereof "a total of $10,000,000 for fiscal years 1976 and 1977".

(2) Amend the title so as to read:

A bill to amend the Water Resources Planning Act (79 Stat. 244), as amended.

PURPOSE OF THE MEASURE

The purpose of this measure, as amended and reported by the Senate Interior Committee, is to amend the Water Resources Planning Act to extend the authority for financial grants to States for water resources planning; to increase the rate of compensation for experts and consultants to the Water Resources Council and River Basin Commissions; to provide authorizations for appropriations for preparation of a national assessment and for regional and river basin plans; and, to revise the membership of the Water Resources Council.

BACKGROUND AND NEED

The Water Resources Planning Act of 1965 (Public Law 89–80) established a Water Resources Council, provided for establishment of river basin commissions and authorized financial assistance to States for comprehensive water and related land resources planning. The 1965 act was designed to encourage conservation, development and use of the Nation's water and related land resources on a comprehensive and coordinated basis.

The following discussion of background and need is limited specifically to those separate but related provisions of the bill reported by the Interior Committee and does not describe the broader historical background of the Water Resources Planning Act. The discussion is keyed to lettered paragraphs in the reported bill.

(a) Reorganization Plan No. 3 of 1970 transferred virtually all water resources and related land planning functions then existing in the Department of Health, Education, and Welfare to the Environmental Protection Agency. As a result, the Secretary of HEW is no longer actively involved in water-related programs. In addition, the Departments of Housing and Urban Development, Commerce, Transportation, and the Environmental Protection Agency, each have jurisdiction over programs affecting water and related land planning but, at present, except for the Department of Transportation, are only associate members. As associate members, the privileges and responsibilities of statutory membership are not available and associate members cannot vote because their function is merely advisory.

(b), (c) Under provisions of the Water Resources Planning Act, consultants may be employed by river basin commissions or the Water Resources Council at a rate not to exceed $100 per diem. Other Federal agencies provide for a rate of compensation for consultants commensurate with the daily equivalent of the rate prescribed for grade GS-18 under section 5332 of title 5, United States Code; the equivalent daily allowance would equal $139.48.

(d) Title III of the Water Resources Planning Act provide grants to States which are administered by the Water Resources Council. The objective of the program is to increase the capabilities of States for water resources planning. When the program was initiated, it was found that 12 States were not engaged in any form of water resources planning and that 5 were spending less than $6,000 per year. As of fiscal year 1975, all States, Puerto Rico, Virgin Islands, and the District of Columbia, were participating in the title III program.

S.R. 408

Under the title III program, State expenditures in fiscal year 1965 for water and related land resources planning became the base above which Federal grants would provide up to 50 percent of State augmented expenditures. The Planning Act authorized a 10-year title III program which will terminate at the end of fiscal year 1976.

Review of the grant program indicates that State planning capability has been upgraded in many States. A number of States have published State water plans and have increased their capability to contribute to interstate planning activities.

The administration opposes continuation of the grant program (refer to Executive Communications, supra). The bill, as reported, provides for continuation of funding for fiscal years 1977 and 1978 at the previously prescribed annual level of $5 million.

(e) Finally, the Water Resources Planning Act requires the Water Resources Council to carry out a continuing study and prepare an assessment biennially or at less frequent intervals, of the adequacy of supplies of water necessary to meet water requirements. A report is scheduled to be issued in calendar year 1977. The Council is also authorized to fund regional or river basin comprehensive plans.

Public Law 93-55 amended subsection (c) of section 401 of the Planning Act to provide authorizations for fiscal years 1974 and 1975 for the preparation of the national assessment and for directing and coordinating the preparation of regional or river basin plans. Prior to enactment of Public Law 93-55, the Water Resources Planning Act provided that such sums would be authorized annually.

As a result of the provisions of Public Law 93-55, there are no authorizations for fiscal year 1976 and thereafter to support the continuing national assessment for water and the regional and river basin planning program being conducted by the Council. Without fiscal year 1976 funding, both the assessment and the regional comprehensive studies would be prematurely terminated. The administration has requested $3.9 million in fiscal year 1976 appropriations for the abovementioned programs but, without authorization for appropriations, authority does not exist to provide the requested funds.

The administration favors authorizations to the Water Resources Council without fiscal year limitation and of such sums as necessary to carry out the provisions of the Planning Act. The provisions reported from the Interior Committee provide for a continuation of funding for fiscal years 1976 and 1977 at a total authorization for both years of $10 million.

LEGISLATIVE HISTORY

As introduced, S. 506 was identical to S. 1720, introduced during the 93d Congress. S. 1720 received no action in the Senate Interior Committee.

Like S. 1720, the original provisions of S. 506 would have extended, without fiscal year limitation, the title III program for financial assistance to the States for water resources planning.

S. 506 was introduced on January 30, 1975, by Senator Church. The measure was cosponsored by Senators Church, McGee, Metcalf, Inouve, and Burdick. A hearing was conducted on S. 506, S. 1299, and S. 1596 on July 10, 1975. The Interior Committee held a markup session on September 10, 1975, on S. 506, as amended.

S.R. 408

Incorporated into the provisions of S. 506, as amended and reported, are provisions of S. 1299 (introduced by Senator Jackson and Senator Fannin, by request of the administration on March 21, 1975) and provisions of S. 1596 (introduced by Senator Jackson and Senator Fannin, by request of the administration on April 20, 1975). Both bills (S. 1299 and S. 1596) are pending before the Senate Interior Com

mittee.

H.R. 5952, whose provisions are identical to S. 506 as reported, has been reported out of the House of Representatives Interior Committee and is pending before the House.

COMMITTEE RECOMMENDATION

The Senate Committee on Interior and Insular Affairs, in open business session on September 10, 1975, by unanimous vote of a quorum present recommends that the Senate adopt S. 506 as amended as described herein.

COMMITTEE AMENDMENTS

The committee amended the bill by substituting a new text for S. 506 as introduced. The substitute text is set forth at the beginning of this report. The folowing explanations are numbered according to the paragraphs of the substitute text:

(a) The administration recommended passage of the provision of this paragraph which is contained in S. 1299 and incorporated into the substituted text of S. 506. This provision will change the membership of the Water Resources Council by removing from the Council of Members the Secretary of Health, Education, and Welfare and adding the Secretaries of Commerce, Transportation, Housing and Urban Development, and the Administrator of the Environmental Protection Agency. (The Department of Transportation Act of 1966 (Public Law 89-670, sec. 7) provides that the Secretary of Transportation shall be a member of the U.S. Water Resources Council. The amendment to the Water Resources Planning Act to include the Secretary of Transportation on the Council is desirable for completeness).

(b) and (c) The administration recommends passage of provisions of these paragraphs which are contained in S. 1596 as paragraphs (1) and (2). These provisions will provide for a rate of compensation for consultants commensurate with that offered by other Federal agencies.

(d) This provision would extend the provisions of title III of the Water Resources Planning Act for fiscal years 1977 and 1978. As originally introduced, S. 506 called for extension of the title III program without fiscal year limitation. The Subcommittee on Energy Research and Water Resources will conduct additional public hearings on the Water Resources Planning Act of 1964. The purpose will be to examine the success of the act in meeting its objectives and possibly recommending amendments to the act. As a result of this prospective inquiry, the title III grant authority has been limited to two additional fiscal years during which time the Act will be examined.

The administration does not favor extension of the title III program. According to the administration, the title III grants were in

S.R. 40S

tended to provide seed money for building up State water resources staffs so that States could participate in water planning. In 1975, $15 million in State moneys went unmatched by Federal funds because most States provided funding for water resources staffs in excess of available Federal grants. As a result, the title III program is said to have achieved a major goal for which it was created.

From testimony provided at the July 10 hearing, and communications received by the Subcommittee on Energy Research and Water Resources, the title III program has been recommended for extension. According to information received, judged by 1965 standards, State capabilities have been improved as a result of the title III program. In terms of current demands, however, the degrees of planning selfsufficiency envisioned for the States by the Planning Act is argued not to have been achieved. In addition, new responsibilities placed upon the States as a part of new Federal legislation enacted since passage of the Planning Act have lessened State capabilities in a relative sense. Finally, of the $45 million authorized over the first 9 years of the title III program, only $26.95 million has been appropriated, and, in terms of the objectives set forth in the Planning Act, testimony received indicated that limitations on appropriations have limited the program.

(e) As originally introduced in S. 1596, paragraph 3, the administration requested authorizations without fiscal year limitation of such sums as necessary to carry out the provisions of the Water Resources Planning Act. Public Law 93-55 amended the Water Resources Planning Act to provide authorizations for preparation of the national assessment and regional comprehensive river basin plans for fiscal years 1974 and 1975. Prior to Public Law 93-55, the Planning Act provided for such sums as would be authorized annually. Consequently, it has been the policy of the Interior Committee to authorize funds annually or biannually, rather than without fiscal year limitation. As provided in paragraph (e) of the substituted text, authorizations are provided for fiscal years 1976 and 1977. In a hearing before the House of Representatives Subcommittee on Water and Power Resources, the Director of the Water Resources Council testified that $10 million for fiscal years 1976 and 1977 would be adequate to complete the national assessment and continue the comprehensive river basin plans.

COST AND BUDGETARY CONSIDERATIONS

In accordance with section 252 (a) of the Legislative Reorganization Act of 1970, the committee provides the following estimates of cost: 1. Administrative costs.-Enactment of S. 506 will not require any significant administrative action not already provided for at existing budgetary levels since the bill requires continued implementation of the title III grants program and the national assessment and comprehensive river basin plans.

2. Impact on Federal revenues.-If enacted, S. 506 requires $5 million annually for fiscal years 1977 and 1978 for carrying out provisions of title III as amended and also requires in fiscal years 1977 and 1978 a total of $10 million to continue planning functions called for in the

act.

S.R. 408