prospecting for water resources, the establishment and maintenance of reservoirs, water-conservation works, power projects, transmission lines, and other facilities needed in the public interest, including the road construction and maintenance essential to development and use thereof, upon his determination that such use or uses in the specific area will better serve the interests of the United States and the people thereof than will its denial. Approved September 3, 1964 (78 Stat. 890-891, 893-895; 16 U.S.C. 1131 (a), (c), 1133 (a), (c) (d) (4)). WATER RESOURCES PLANNING ACT [Extract from] [Public Law No. 89-80, 89th Congress] [S. 21] An Act to provide for the optimum development of the Nation's natural resources through the coordinated planning of water and related land resources, through the establishment of a water resources council and river basin commissions, and by providing financial assistance to the States in order to increase State participation in such planning. TITLE I-WATER RESOURCES COUNCIL SEC. 101. There is hereby established a Water Resources Council (hereinafter referred to as the "Council") which shall be composed of the Secretary of the Interior, the Secretary of Agriculture, the Secretary of the Army, the Secretary of Health, Education, and Welfare, and the Chairman of the Federal Power Commission. The Chairman of the Council shall request the heads of other Federal agencies to participate with the Council when matters affecting their responsibilities are considered by the Council. The Chairman of the Council shall be designated by the President. SEC. 102. The Council shall (a) maintain a continuing study and prepare an assessment biennially, or at such less frequent intervals as the Council may determine, of the adequacy of supplies of water necessary to meet the water requirements in each water resource region in the United States and the national interest therein; and (b) maintain a continuing study of the relation of regional or river basin plans and programs to the requirements of larger regions of the Nation and of the adequacy of administrative and statutory means for the coordination of the water and related land resources policies and programs of the several Federal agencies; it shall appraise the adequacy of existing and proposed policies and programs to meet such requirements; and it shall make recommendations to the President with respect to Federal policies and programs. projects SEC. 103. The Council shall establish, after such Federal consultation with other interested entities, both Federal procedures and non-Federal, as the Council may find appropriate, and with the approval of the President, principles, standards, and procedures for Federal participants in the preparation of comprehensive regional or river basin plans and for the formulation and evaluation of Federal water and related land resources projects. Such procedures may include provision for Council revision of plans for Federal projects intended to be proposed in any plan or revision thereof being prepared by a river basin planning commission. Approved July 22, 1965 (79 Stat. 245); 42 U.S.C. 1962a, 1962a-1, 1962a-2. FLOOD CONTROL ACT OF 1965 [Extract from] [Public Law No. 89-298, 89th Congress] [S. 2300] An Act authorizing the construction, and preservation of certain public works on rivers and harbors for navigation, flood control, and for other purposes. Rowlesburg The project for the Rowlesburg Dam and Reservoir, Dam and Cheat River, West Virginia, is hereby authorized sub- Reservoir, stantially in accordance with the recommendations of W. Va. restrictions. the Chief of Engineers in House Document Numbered 243, Eighty-ninth Congress, at an estimated cost of $133,548,000: Provided, That the power features of Power features, this project shall not be undertaken until such time as the Federal Power Commission has completed action on any applications that may be pending before that agency for private development of the pumped-storage facility of the project: Provided further, That should the Federal Power Commission act in the affirmative on any pending applications, the authority for such project shall not include Federal power features and the estimated cost of such project shall be $88,402,000: And provided further, That in the event the Federal Power Commission dismisses any pending applications, Federal construction of such pumped-storage power facilities is hereby authorized and approved. * Approved October 27, 1965 (79 Stat. 1073, 1081). Natural Gas NATURAL GAS PIPELINE SAFETY ACT OF 1968 [Public Law No. 90-481, 90th Congress] [S. 1166] An Act to authorize the Secretary of Transportation to prescribe safety standards for the transportation of natural and other gas by pipeline, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assem bled, That this Act may be cited as the "Natural Gas Pipeline Safety Act of 1968." DEFINITIONS SEC. 2. As used in this Act (1) "Person" means any individual, firm, joint venture, partnership, corporation, association, State, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof; (2) "Gas" means natural gas, flammable gas, or gas which is toxic or corrosive; (3) "Transportation of gas" means the gathering, transmission or distribution of gas by pipeline or its storage in or affecting interstate or foreign commerce; except that it shall not include the gathering of gas in those rural locations which lie outside the limits of any incorporated or unincorporated city, town, village, or any other designated residential or commercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area which the Secretary may define as a nonrural area; (4) "Pipeline facilities" includes, without limitation, new and existing pipe rights-of-way and any equipment facility, or building used in the transportation of gas or the treatment of gas during the course of transportation but "rights-of-way" as used in this Act does not authorize the Secretary to prescribe the location or routing of any pipeline facility; (5) "State" includes each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico; (6) "Municipality" means a city, county, or any other political subdivision of a State; (7) "National organization of State commissions" means the national organization of the State commissions referred to in part II of the Interstate Commerce Act; (8) "Interstate transmission facilities" means pipeline facilities used in the transportation of gas which are subject to the jurisdiction of the Federal Power Commission 49 Stat. 543; under the Natural Gas Act; and (9) "Secretary" means the Secretary of Transportation. 54 Stat. 919. 49 USC 301. 52 Stat. 821 STANDARDS ESTABLISHED SEC. 3. (a) As soon as practicable but not later than three months after the enactment of this Act, the Secretary shall, by order, adopt as interim minimum Federal safety standards for pipeline facilities and the transportation of gas in each State the State standards regulating pipeline facilities and the transportation of gas within such State on the date of enactment of this Act. In any State in which no such standards are in effect, the Secretary shall by order establish interim Federal safety standards for pipeline facilities and the transportation of gas 52 Stat. 821. 15 USC 717w. Federal safety standards. Consideration factors. in such State which shall be such standards as are common to a majority of States having safety standards for the transportation of gas and pipeline facilities on such date. Interim standards shall remain in effect until amended or revoked pursuant to this section. Any State agency may adopt such additional or more stringent standards for pipeline facilities and the transportation of gas not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act as are not incompatible with the Federal minimum standards, but may not adopt or continue in force after the interim standards provided for above become effective any such standards applicable to interstate transmission facilities. (b) Not later than twenty-four months after the enactment of this Act, and from time to time thereafter, the Secretary shall, by order, establish minimum Federal safety standards for the transportation of gas and pipeline facilities. Such standards may apply to the design, installation, inspection, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities. Standards affecting the design, installation, construction, initial inspection, and initial testing shall not be applicable to pipeline facilities in existence on the date such standards are adopted. Whenever the Secretary shall find a particular facility to be hazardous to life or property, he shall be empowered to require the person operating such facility to take such steps necessary to remove such hazards. Such Federal safety standards shall be practicable and designed to meet the need for pipeline safety. In prescribing such standards, the Secretary shall consider (1) relevant available pipeline safety data; (2) whether such standards are appropriate for the particular type of pipeline transportation; (3) the reasonableness of any proposed standards; and (4) the extent to which such standards will contribute to public safety. Any State agency may adopt such additional or more stringent standards for pipeline facilities and the transportation of gas not subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act as are not incompatible with the Federal minimum standards, |