dr"fr LORIN W. MARKHAM
Chairiber-,of,Comiiiefcei 12/11
Hi Bob,
I have never commented on your letter to Carl about the manner in which he invited you and the other Coordinators to accept the responsibility for the Las Vegas convention . . . and, of course, I have never mentioned it to Carl.
1:1hile I am sure that Carl never intended to indicate a reflection on cooperation he had received from you and other Directors, I can understand that inference could well have been read into the invite.
ilo one can ask for greater cooperation
from any menber of the Association, Director or not, than you have given. Actually you have been way out in front of the requests,
and I sure appreciate it . . . I'm sure Carl does also.
Thanks for all of the help, and the best for the holidays to you and
PROGRAM
39th Annual Convention
NATIONAL WATER RESOURCES
ASSOCIATION
Water Care— For Man and Nature
Hotel Sahara Las Vegas, Nevada
GENERAL INFORMATION
Registration Space Center Arcade — Sahara Hotel
Information Space Center Arcade
NRA offices Rms F, G, H & I — Space Center
Press Room Rm 9, Space Center
Duplicating & Steno Room Rm 10, Space Center
Board of Directors Rm E, South Convention Hall (Use Escalator next to Coffee Shop)
Resolutions Committee Rm D, South Convention Hall (Use Escalator next to Coffee Shop)
Caucus Rooms See separate info sheet Bureau of Reclamation office Suite 252 Corps of Engineers office Check at information desk
Forest Service office Rm 12, Space Center Soil Conservation Service Check at information desk Exhibits Space Center Mezzanine Message Station Space Center Arcade
Hospitality Room Rm C, South Convention Hall (Use Escalator next to Coffee Shop)
Cocktail Hours Space Center Tour Assembly On front of Tower entrance (South side of hotel)
10:00 a.m. Resolutions Committee
Room D, South Convention Hall 1:30 p.m. Board of Directors Meeting
Room E, South Convention Hall 1:00 p.m. N.W.R.A. Office Opens
Room G, Space Center 1:00 p.m. Registration, Space Center
MONDAY, NOVEMBER 16 8:00 a.m. Registration opens, Space Center
9:00 a.m.- Field Tour, SNWP Water Treatment Plant, LVVWD Facilities, and Hoover Dam (Buses begin loading in front of Tower En-trance of Hotel at 8:45 a.m. Box lunches are provided)
TUESDAY, NOVEMBER 17 Program Co-ordinator for the Day J. R. BARKLEY, DIRECTOR, COLORADO 7:30 a.m.
8:00 a.m.
Railroad Breakfast State Caucuses
10:00 a.m. Water Users Committee Room 11, Space Center 10:00 a.m. Hospitality Room Opens
Room C, South Convention Hall 11:00 a.m. FORMAL OPENING OF GENERAL SESSION
Space Center
Hosts—Pat Head, Nevada Director NWRA and Tom Rice, President of Nevada State Reclamation Association
GREETINGS —
Oran Gragson, Mayor of Las Vegas NWRA PRESIDENT'S MESSAGE — Lorin W. Markham
11:30 a.m. PUBLIC LANDS, FOR MAN AND NATURE — Boyd Rasmussen, Director, The Bureau of Land Management, Department of Interior
12:00 Luncheon — Space Center Keynote Address
"WATER CARE FOR MAN AND NATURE".. The Honorable JAMES R. SMITH, Assist-ant Secretary of Interior for Water and Pow-er Development, Representing the President of the United States, and the Secretary of the Interior
2:00 p.m. "A NEW LIFE FOR THE COUNTRY"
Presiding—Al A. Schock, NWRA Director, So. Dakota, member of President Nixon's Task Force on Rural Development Featuring —
The Honorable William L. Guy, Governor, the State of North Dakota
Mrs. Virginia D. Smith, Chairman Presi-dent Nixon's Task Force on Rural Develop-ment, National Chairman, American Farm Bureau Women
Mrs. Jessie Rudnick, Environmental Quality Committee, League of Women Voters Dr. Henry L. Ahlgren, Deputy Under Secre-tary for Rural Development, U.S. Depart-ment of Agriculture
4:00 p.m. Committee Meetings
5:30 p.m.- No Host Cocktail Hour — Space Center
6:30 p.m. On the town
Program Co-ordinator for the Day ED SOUTHWICK, DIRECTOR, UTAH 8:00 a.m. State Caucuses
9:00 a.m. General Session opens — Space Center Administrative Announcements
9:10 a.m. THE STATES' INTERESTS
Harvey Banks, Chairman NWRA Water Rights Committee and member of Environ-ments for Tomorrow, Inc.
9:30 a.m. SYMPOSIUM WATER GALL
(A water gall is a secondary rainbow — the beautiful results from water development!) Presiding, John Simmons, NWRA Director, and Consultant on Water Affairs to the Governor of Texas
THE BIG CITY AND WATER CARE
Henry Graeser, Director, Water Utilities Department, Dallas, Texas and past presi-dent of the American Water Works Assoc. THE REGION AND WATER CARE
Henry Mills, General Manager, The Metro-politan Water District of Southern Cali-fornia
WATER FOR MAN'S ENVIRONMENT
George Thon, Division Manager of Engi-neering, Hydro & Community Facilities Di-vision, Bechtel Incorporated
WATER RECREATION — TRANQUILLITY IN A TROUBLED WORLD
Donal A. Milton, General Manager of Ma-rine and Industrial Products Operation of Chrysler Corporation and President of Chrysler Outboard and Chrysler Boat Cor-porations
11 : 30 a.m. THE WHOLE MAN
Joseph Foss, Ex-Governor of South Dakota, First Commissioner of American Football Conference and TV personality, "The Out-doorsman"
12:00 Ladies Luncheon and Fashion Show Crystal Room, Desert Inn Hotel
(Buses begin leaving in front of Sahara Hotel at 11:30 a.m.)
12:15 P.m. Luncheon — Space Center
Presiding, J. A. Riggins, Jr., NWRA Vice-President (Member of the law firm of Jen-nings, Strouss & Salmon)
WATER CARE AND THE NATIONAL INTEREST The Honorable John J. Rhodes, MC, Rank-ing Minority Member of House Public Works Subcommittee on Appropriations
2:00 p.m. RECLAMATION WORKS FOR MAN AND NATURE
Congressional panel, members of the In-terior and Insular Affairs Committee, House of Representatives, comprised from among: The Honorable Harold "Bizz" Johnson, Chairman (D.-Calif.) Subcommittee on Ir-rigation and Reclamation
The Honorable John H. Kyl (R.-Iowa) The Honorable Don H. Clausen (R.-Calif.) The Honorable Thomas S. Foley (D.-Wash-ington)
3:00 p.m. ENVIRONMENTAL CONCERNS IN SOIL AND WATER CONSERVATION
Kenneth E. Grant, Administrator Soil Con-servation Service
Cleo W. Mowers, Editor of the Lethbridge Herald and Vice President of the Canadian Water Resources Association
4:15 p.m. Check bulletin board
5:30 p.m.- No Host Cocktail Hour — Space Center 6:30 p.m. On the town
THURSDAY, NOVEMBER 19
Program Co-ordinator for the Day MARLIN T. KURTZ, DIRECTOR, WYOMING
8:00 a.m. Caucuses
9:00 a.m. General Session opens — Space Center COMMITTEE REPORTS
Doyle Boen, Small Reclamation Projects Henry Shipley, Water Uses Committee (NWRA)
9:30 a.m. IRRIGATION AND UNCLE SAM
Dr. M. L. Upchurch, Administrator Eco-nomic Research Service, Department of Agriculture
10:00 a.m. UPDATING OUTLOOKS — A Symposium Presiding, Robert T. Chuck, NWRA Direc-tor, President of the Association of Western State Engineers, 1971
Speaking —
W. Don Maughan, Director, Water Re-sources Council
Sidney L. McFarland, Staff Director and Chief Clerk, House Interior and Insular Affairs Committee
Theodore M. Schad, Executive Director, National Water Commission
Jerry T. Verkler, Staff Director, Senate In-terior and Insular Affairs Committee
12:15 p.m. Luncheon — Space Center
WATER DEVELOPMENT — FOR MAN AND NATURE
Ellis Armstrong, Commissioner of Recla-mation, U. S. Dept. of Interior
Carroll H. Dunn, Major General, U. S. A. Deputy Chief of Engineers
THE LAST WORD
Lorin W. Markham, President National Water Resources Assoc.
2:30 p.m. Business Session — Space Center Selection of convention site 1973 (Dallas— 1971
Salt Lake City— 1972) Resolutions
Revenue
Announcement of Officers for 1971
/1.5
c?-
4r3 —,?C‘— o-57W
77/3
ASSOCIATION
897 National Press Building Washington, D.C. 20004
1970 OFFICERS
Lorin W. Markham, President, Spokane, Washington Milo W. Hoisveen, First Vice President
Bismarck, North Dakota J. A. Riggins, Second Vice President
Phoenix, Arizona
I. J. Coury, Treasurer, Farmington, New Mexico Carl Bronn, Executive Director, Washington, D.C.
BOARD OF DIRECTORS J. A. Riggins, Phoenix, Arizona James F. Sorensen, Visalia, California J. R. Barkley, Loveland, Colorado Robert T. Chuck, Honolulu, Hawaii John A. Rosholt, Twin Falls, Idaho Chris C. Green, Courtland, Kansas Wesley A. D'Ewart, Wilsall, Montana Wm. C. Smith, Jr., Ainsworth, Nebraska Ivan P. Head, Las Vegas, Nevada I. J. Coury, Farmington, New Mexico
Milo W. Hoisveen, Bismarck, North Dakota Clarence Base, Geary, Oklahoma
LaSelle E. Coles, Prineville, Oregon Al. A. Schock, Sioux Falls, South Dakota John W. Simmons, Orange, Texas Edward H. Southwick, Ogden, Utah Lorin W. Markham, Spokane, Washington Marlin T. Kurtz, Cody, Wyoming Joe W. Jarvis, Railroad Representative
Omaha, Nebraska —8—
NATIONAL RECLAMATION ASSOCIATION
COMMITTEE CHAIRMAN
AGRICULTURE & RESEARCH Dr. J. R. Johnston Bushland, Texas
ASSOCIATION OBJECTIVES (Ad Hoc) ..Ivan P. Head Las Vegas, Nevada
BUDGET & FINANCE Milo W. Hoisveen Bismarck, North Dakota
EDUCATION & INFORMATION Gordon Scheer Denver, Colorado
OUTDOOR RECREATION Hal L. Schroeder Lincoln, Nebraska
RESOLUTIONS COMMITTEE Jack F. Ross
Denver, Colorado
SMALL PROJECTS COMMITTEE Doyle F. Boen Hemet, California
WATER RIGHTS Harvey 0. Banks
San Francisco, California
WATER USERS Henry Shipley
1
cER
To:N411NA
RESARCES
ASSOMA1Col
BULLETINLORIN W. MARKHAM, President (Washington) MILO W. HOISVEEN, First Vice President (North Dakota) J. A. RIGGINS, Second Vice President (Arizona)
897 NATIONAL PRESS BUILDING
.14/ECU
2
I.
J. COURY, Treasure1970
(New Mexico)
JAMES F. SORENSEN, Past President (California)
CARL H. BRONN, Executive Director (Washington, D. C.)
WASHINGTON, D. C. 20004 (202) 347-2672
December 18, 1970
Western State Engineers
Officers of Interstate Conference on Water Problems Secretary National Association of Counties
Executive Secretary, Western States Water Council
Vice President Gov.'1 Affairs, American Water Works Association Chairman, NWRA Water Rights Committee
Directors of other water resource associations
Subject A: State interests and rights to develop and to allocate water.
Senator Frank Moss of Utah backed retiring Senator Spessard Holland (Dem.,
Fla.)
in the latter's ALERT about Water Rights to the Senate, on December 16. On the floor before 9 a.m., the early bird Senators warned that the States' interests and rights for water supply ... as acknowledged in the 1944 Flood
Control Act ... multy
need strong reaffirmation, or morelSenator Holland cited
an action
of the current Congress to safeguarddoubly the
water for a National park on a project being developed for all purposes, including
municipal and industrial. That action to protect future water for a park, Senator
Holland pointed out,
•
.. may be considered as establishing a precedent whereby the Senate
may amend any other project previously authorized, regardless of its
construction status, ... to allocate State water ... (whereas)
"The legislative history of PL 78-534 Flood Control Act of 1944 made
clear that the States have control ... (b
.2.1
.
)
"This policy (of State control) has been materially weakened by an
amendment to HR 15166."
DIRECTORS
J. A. Riggins, Ariz. Chris C. Green, Kans. Milo W. Hoisveen, N. D. Ed Southwick, Utah James F. Sorensen, Calif. Wesley D'Ewart, Mont. Clarence Base, Okla. Lorin W. Markham, Wash. J. R. Barkley, Colo. Judge William C. Smith, Jr., Nebr. LaSelle Coles, Ore. Marlin T. Kurtz, Wyo. Robert T. Chuck, Hawaii Ivan P. Head, Nev. Al A. Schock, S.D. Joe W. Jarvis,
(note: HR 15166 became PL 91-282. Its primary purpose was to increase the monetary authorizations for the Central and Southern Florida Flood Control Project)
The amendment to HR 15166 (which Senator Holland feels weakened the States rights provisions of the '44 Act) fixed a minimum delivery of water to the Everglades National Park. The amendment was passed while the State of Florida was negotiating with the National Park Service for a sharing of possible shortages, should forecasts of municipal, industrial and other uses prove too low. Florida had earlier agreed to provide FOR PARK PURPOSES a safeguard against drouth not accorded to other uses, according to Senator Holland. The water at issue is to be developed by the project (as amended in 1968), and to be conveyed to the Park by future works.
Because the case is more complex than this abstract indicates, Senator Holland's complete statement is attached. Following it are Senator Moss's comments as to State and Federal interests in allocating water. Senator Moss holds that inadequacies in the definition of State and Federal authorities for water allocation existed even before the amendment on the Florida project. He urges consideration of water rights, next session of Congress. (Senator Moss is author of S. 28: To clarify the relationships of interests of the United States and of the States in the waters of certain streams)
Note: NWRA is interested in your views for prospective joint actions about: (1) Re-affirming or "shoring up" the States rights' provisions of the
1944 Flood Control Act
(2) Clearing up uncertainties stemming from the "reservation doctrine", as reported by the Public Land Law Review Commission.
Write either: 897 National Press Building, Washington, D. C. 20004 or Harvey Banks, Chairman NWRA Water Rights Committee, 3 Kittie Lane, Belmont, California 94002.
Subject B: A prospective National Land Use Policy.
Now coming off the government press is report No. 91-1435 of the Senate IIA Committee on S. 3354 to establish a National Land Use Policy. S. 3354 proposes that State planning and enforcement under Federal Guidelines and incentives --set the pattern for uses of all non-Federal lands.
The prime Federal devices to build and effect the policy would be: (1) the Water Resources Council, (renamed); (2) the river basin commissions; (3) grants-in-aid; (4) guidelines for thedevelopment of Statewide land use plans; (5) Council approval of
State plans; (6) the requirement that States exercise police powers to prevent uses inconsistent with Federally approved plans (7) Sanctions in event of non-compliance with Federal guidelines; (8) Provisions for appeal by States to an Appeals Board.
-3-Associations having offices in the D. C. area are considering a joint symposium on S. 3354.
... PURPOSES of a symposium could be: to hear one a.nother's views of present problems of effective land•use; to consider S. 3354 as a solution to problems; to devise and to w eigh alternatives. ... TIMING: perhaps late February or early March.
Note: Please send me your views as to need for a symposium. (If so, how, where, when to stage it; how you would participate)
Subject C: The public view of water development.
In response to requests of five committees of the Congress, the Water Resources Council is trying to establish a new system for "formulating" and appraising water and related land resource projects.
The Executive Office of President Nixon (OMB) wants to change several elements of the proposed system, and to study others further (see OMB memo of Dec. 2, to WRC, in Congressional Record of Dec. 9 page S 19824). A main issue in the OMB memo is:
" ... no plan should be recommended unless the addition to national INCOME exceeds the costs".
Why so considering that criterion is not imposed for other Federal investments --is not stated in the OMB memo. How to measure income benefits from sustaining low flows, enhancing fish and wildlife, or providing several hundred million recreational visits is not stated either.
Now, Congress enters with a bill (Conference report HR 91-1782) likely of passage which provides:
"SEC. 224. It is the intent of Congress that the objectives of enhancing regional economic development, the quality of the total environment, including its protection and improvement, the well-being of the people of the United States, and the national economic development are the objectives to be included in federally financed water resource projects, and in the evaluation of benefits and costs attributable thereto."
That bill is responsive -- but the OMB memo seems not to be -- to the National Environmental Policy (PL 91-190; Jan. 1970) which includes:
"Federal agencies shall use unquantified environmental amenities and values in decision-making...."
WHO IS THE BOSS?
4
Subject D: How Washington Worked on Water - 1970.
Earlier than the events reported in the preceding, Topside, D. C. did and said much to influence the water in our future. To develop a feeling for Topside's concepts on issues influencing water care, one needs an abstract of laws and reports. A 20-page, typed abstract briefing several laws and a half-dozen high-level reports is available by writing here for the "Harried Executivel Handbook - 1970". Free --while the limited supply lasts. (But your later comments about its usefulness would help us do better next time).
Sincerely,
arl H. Bro CHB: nlw
December
16, 1970 CONGRESSIONAL RECORD - SENATEI am hopeful that other needed legis-lation in the field of consumer protec-tion will be considered during the early days of the next Congress. We have more jobs to be tackled in the same deter-mined spirit which made this legislation possible.
Mr. MOSS. Mr. President, I move adoption of the conference report.
The motion was agreed to.
ORDER OF BUSINESS Mr. MANSFIELD Mr. President, a parliamentary inquiry.
The ACTING PRESIDENT pro tem-pore. The Senator from Montana will state it.
Mr. MANSFIELD Is my interpreta-tion of the order to recess on yesterday correct that as soon as the distinguished Senator from Florida (Mr. HOLLAND) completes his remarks, the unfinished business will be laid before the Senate? The ACTING PRESIDENT pro tern-pore. The Senate will proceed with the consideration of the pending business, which has been laid before the Senate, unless someone requests the regular order.
Mr. MANSFIELD. What is the pending business?
The ACTING PRESIDENT pro tern-pore. The pending business is Calendar No. 1448, H.R. 19911, the Special Foreign Assistance Act of 1971.
Mr. MANSFIELD I thank the Chair.
THE RIGHTS OF THE SEVERAL STATES TO CONTROL THEIR OWN WATER SUPPLY
Mr. HOLLAND. Mr. President, I take the floor of the Senate today to advise Senators of a disturbing situation that has resulted from the passage of H.R. 15166—Public Law 91-282—authorizing additional appropriations for prosecution of projects in certain comprehensive river basin plans for flood control, navigation, and other purposes. The problem which I shall discuss concerns the rights of the several States of control and allocate their supply of fresh water.
At the time of passage of H.R. 15166, I did not oppose the language in the bill which was recommended unanimously by the Senate Public Works Committee, as it raised the monetary authorization for the Central and Southern Florida Flood Control District by $25 million or $5 mil-lion over the House bill. This action raised the total monetary authorization from $186.3 million to $206.3 million which was necessary since over $179.3 million of the then current authorization had been appropriated and the requested appropriation for fiscal year 1971, to-gether with additional scheduled obliga-tions would have resulted in a deficit in the monetary authorization and would have prohibited appropriations to main-tain current planned construction.
Mr. President, for the information of the Senate I ask unanimous consent that the Senate amendment to the monetary authorization bill, H.R. 15166, be inserted in the RECORD at this point.
There being no objection, the Senate amendment was ordered to be printed in the RECORD, as follows:
SEC. 2. In addition to previous authoriza-tions, there is hereby authorized to be appro-priated the sum of $25,000,000 for the pros-ecution of the Central and Southern Florida comprehensive plan for flood control and other purposes approved in the Flood Control Act of 1948, and subsequent acts of Congress: Provided, That not to exceed $5,000,000 of this authorization shall be available solely for the accelerated construction of borrow canal L-70, canal C-308, canal 0-119W, and pumping station S. 326, together with such other works in the plan of improvement as the Director of the National Park Service and the Chief of Engineers agree are necessary to meet the water requirements of the Ever-glades National Park: Provided further, That as soon as practicable and in any event upon completion of the works specified in the pre-ceding proviso, delivery of water from the
Central and Southern Florida prolea to tee,
Everglades National Park shall be not less than 315,000 acre-feet annually, prorated ac-cording to the monthly schedule set forth in the National Park Service letter of October 20, 1967, to the Office of the Chief of Engi-neers. or 16.5 per centum of total deliveries from the project for all purposes including the Park, whichever Is less.
Mr. HOLLAND. Mr. President, I ad-dress myself particularly to the second proviso of this amendment for it is this proviso that causes concern in that the Congress did assign rights to water and believe that this assignment of intrastate water indicates a possible reinterpreta-tion of the States rights provision of the Flood Control Act of 1944. I read that proviso:
That as soon as practicable and in any event upon completion of the works specified in the preceding proviso, delivery of water from the Central and Southern Florida project to the Everglades National Park shall be be not less than 315,000 acre-feet
1
annually, prorated according to-the monthlyschedule set forth in the National Park
Sery-ics letter 9f October 20, 167, to the Office of
the Chief of Engineers, or 16.5 per centum of total deliveries from the project for all purposes including the Park, whichever is less.
Mr. President, my colleague, Senator GURNEY, and I believed this to be the best course of action in order to assure the continued orderly construction of the Central and Southern Florida Flood Control District, particularly since the amendment added $5 million which was earmarked for construction as quickly as practical of conveyance facilities nec-essary, in the joint opinion of the Corps of Engineers and the National Park Service, to meet the requirement of the Everglades National Park. Further, un-der the proposed releases of water to the park, we did not believe that any great difficulty would arise for many years. Also the officials of the State of Florida and the National Park Service had reached an amicable interim solution covering the period of construction.
r. President, there is one particular reservation I have regarding this amend-ment to HR. 15166 and that is that the condition contained in the amendment dealing with the Central and Southern Florida Flood Control District presents a serious question relating to the settled law governing water rights—as to whether State or Federal decisions are controlling. In agreeing to the amend-ment, we have not agreed that the State relinquishes its rights to its water, a position fought against for years, not
S
20247
only in the State of Florida but also in other areas of the Nation. In other words the State will, of course, have the right to defend its water rights in the courts, if such course becomes necessary or ad-visable.
It has long been our position that sub-stantial doubt exists as to whether Fed-eral statutes grant or can grant to the Department of the Army or the Corps of Engineers the right to regulate water for other than flood control purposes In the past when Congress has legislated on this subject and attempted to do any-thing in the area of water rights, it has done so clearly and in many cases has put specific provisos into authorizing legislation that such was not intended to affect water rights. In other words, Mr. President, when you move beyond flood control and into water supply purposes, the authority of the Federal Government is questionable and, I think, limited. Therefore, specific allocation of States water supply can become a matter of litigation in the courts. In this connec-tion, it is interesting to note that the Department of Justice was requested to rule on this instant matter some months ago, no ruling has been forthcoming.
I am sure most Senators are aware of the policy of the Congress established in 1944 by the passage of H.R. 4485 (Pub-lic Law 78-534) . The policy as stated in the law is:
In connection with the exercise of juris-diction over the rivers of the Nation through the construction of works of improvement, for navigation or flood control, as herein au-thorized, it is hereby declared to be the pol-icy of the Congres to recognize the interests and rights of the States in determining the development of the watersheds within their borders and likewise their interests and rights of the States in determining the de-velopment of the watersheds within their borders and likewise their interest and rights In water utilization and control, as herein authorized to preserve and protect to the fullest possible extent established and po-tential uses, for all purposes, of the waters of the Nation's rivers; to facilitate the con-sideration of projects on a basis of compre-hensive and coordinated development; and to limit the authorization and construction of navigation works to those in which a sub-stantial benefit to navigation will be realized therefrom and which can be operated consis-tently with appropriate and economic use of the waters of such rivers by other users.
Mr. President, during consideration of H.R. 15166 by the Public Works Commit-tee, the question regarding an adequate supply of water to the Everglades Na-tional Park arose in connection with the increase in the monetary authorization for the central and southern Florida flood control project.
Mr. President, since the inception of the central and southern Florida flood control project, the need for an adequate supply of water for the Everglades Na-tional Park has been recognized, and I state for the record that I, personally, want the necessary water supply to be assured to maintain the ecology of the park. As one who had much to do with the establishment of the park, both as Governor and later as Senator, I do not want to see any action taken that would in any way jeopardize the continuation of the park in its natural state.
Mr. President, the question of an ade-quate supply of water for the Everglades
CONGRESSIONAL RECORD — SENATE
National Park is not a new one. I am sure Members of this body will recall that the report of the committee—Sen-ate Report 91-528--accompanying the public works appropriation bill for fiscal year 1970, made reference to the water supply to the Everglades National Park and directed that the State, the Depart-ment of the Interior and the DepartDepart-ment of the Army "complete as soon as possi-ble the current negotiations in develop-ing an operatdevelop-ing agreement which will insure deliveries of water to the Ever-glades National Park."
The report further directed the Corps of Engineers to review the water re-sources needs in central and southern Florida by 1980 to determine whether further modifications of the project are warranted. As a result of this directive of the Appropriations Committee, Ran-dolph Hodges, executive director, De-partment of Natural Resources, State of Florida, under date of December 11, 1969, wrote the Department of the Army sug-gesting a meeting of the agencies con-cerned in order to comply with the com-mittee's request contained in its report referred to above. As of January 22, 1970, the State of Florida had not received a reply from the Federal agencies. I, there-fore, wrote the chairman of the subcom-mittee, the Senator from Louisiana (Mr. ELLENDER), requesting that he set down a meeting of all interested agencies in an effort to arrive at an agreement regard-ing the water supply to the Everglades National Park. The meeting was called
by Senator ELLENDER for February 16,
1970, and I was happy to participate in it. At that time it was my understanding. that an interim agreement had been reached and that a subsequent meeting would be held to resolve other questions pertinent to the problem. The transcript of the meeting of February 16, 1970, was printed and is available for any Senator who may desire it. A meeting was later held by the interested agencies in Miami on March 12, 1970, at which time an agreement was reached by all interested State and Federal agencies concerned as to the course of action to be pursued in the effort to assure an adequate water supply to the Everglades National Park. I ask unanimous consent that a summary of that meeting as prepared by the State of Florida, Department of Natural Re-sources, be printed in the RECORD at this point.
There being no objection, the summary was ordered to be printed in the RECORD, as follows:
SUMMARY
1. Everglades National Park can accept the 260,000 acre-feet of water scheduled for de-livery to the Park by months for a two-year period, as agreed to in the interim program, pending construction of convey-ance facilities to Taylor Slough and the panhandle section of the Park. This accept-ance is contingent upon action on the pend-ing request of the Department of the In-terior to the U.S. Attorney General. When facilities required for delivery of water to Taylor Slough and the southeastern pan-handle of the Park are completed and the project • works constructed around Lake Okeechobee to permit raising the water level in the lake to an elevation of 17.5 feet above meah sea level, ths Ltiterigi schedule of de-liveries of water to the Park will- then .be
reviewed to achieve the purpose of improv-ing performance toward the objective of an annual delivery of 315.000 acre-feet plus available excess water.
2. It was agreed that the Corps of Engi-neers and the State will develop and present to Congress funding requirements for a five-year construction program in accordance with Paragraph 112, pages 75-76, of Rouse Document No. 369, to expedite completion of project facilities needed to improve per-formance of the system in supplying water to the Everglades National Park in addition to meeting other requirements of the proj-ect. The schedule of funding required for such five-year program will be presented to all interested agencies within 30 days for their use in appropriate supporting action to obtain additional funding to expedite construction of the project.
3. The question of priority water rights for the Everglades National Park was de-ferred since there is a conflict between the Department of the Interior and the other agencies concerned in interpreting the au-thority granted by Congress as defined in the report. In view of this outstanding question, any course of action agreed to by the National Park Service concerning the south Florida water project is subject to change depending on opinion rendered by the U.S. Attorney General regarding water rights of project users. In like manner, any opinion considered adverse to Florida water interests may be challenged by the State through court action.
Mr. HOLLAND. Mr. President, in fur-ther regard to the need of an adequate water supply to the Everglades National Park, I ask unanimous consent to have printed into the RECORD at this point a press release dated August 6, 1970, from the central and southern Florida flood control district announcing that "the millionth acre foot of water this year was released to Everglades National Park to- • day"—August 6.
-There being no objection, the release was ordered to be printed in the RECORD, as follows:
WEST PALM BEacif.—August 6, 1970—The millionth acre foot of water this year was re-leased to Everglades National Park today from the Central and Southern Florida Flood Con-trol District's Everglades Wilderness Area.
FCD Board Chairman Robert P. Blakeley, in making the announcement states: "This is more than three times the park's annual requirement and we still have nearly four months to go and these are normally the months with the most rainfall."
The national park has received more than a million acre feet of water per year during four of the past five years. Last year a record total of 1,766,320 acre feet of water was re-leased to the park. This tops any year since records were started in 1940.
Last year's record breaking 1.7 million acre feet was greater than the combined total of 1947 and 1948, the two years prior to the start of the Flood Control Project. In 1947 some 808,980 acre feet Bowed into the park and in 1947 only 570,280 feet made its way to the park.
A million acre feet of water is such a tre--. mendous amount it is difficult to compre-hend. One acre foot of water is the amount needed to cover one acre of land one foot deep. Another way to put it is that if you took a bath every day for 52 years you would not use up one acre foot of water. Now, a million acre feet of water would supply the municipal water needs of the City of West Palm Beach for 66 years, or it could supply the City of Miami for a little better than 61/2
years.
At thia month's meeting of the FC4D Gov-etaing.Board Vice Chairrnan Robert 'Paciribit
December
16, 1970asked a park official if he was satisfied with water conditions. When he received no reply, Padrick predicted that there would come a day when park officials will come to the dis-trict and complain about too much water.
Mr. HOLLAND. Mr. President, I have mentioned the Everglades National Park not for the purpose of indicating in any way that the park should not receive a supply of water sufficient to maintain its ecological system for I am in full accord with that position and so ic our State. Our State has more involved in the Ev-erglades National Park than any other part of the Nation. We granted 850,000 acres of land and water to the Federal Government for inclusion in the park and in addition granted $2 million for acquisition, and besides that we get the major advantage from the park. I think it is sound to state that not only the of-ficials but also the citizens generally of the State of Florida have a greater in-terest in the preservation of the Ever-glades National Park than any other group of citizens. And I mention also that the State of Florida is also in ac-cord with that position as I have indi-cated previously. I am more concerne , Mr. President, with the effect that H.R. 15166 (Public Law 91-282) may have in modifying or changing the previously announced policy of the Congress with reference to the allocation of any State' water supply. I believe it very important for all Senators to understand that the action taken by the Public Works Com-mittee, and approved by the Congress in Public Law 91-282, does not affect Florida alone for, in effect, the action not only amends the previous authoriz-ing acts for the central and southern Florida flood control project but it may be considered as establishing a prece-dent whereby the Senate may amend any other project previously authorized, regardless of its construction status, to conform to the will of the Federal Gov-ernment to improve and to allocate State's water for any purpose. In my opinion the action, in passing H.R. 15166 (Public Law 91-282) does not ac-cord with the policy of the Congress in the passage of H.R. 4485 in 1944 (Pub-lic Law 78-534).
It is the opinion of the Senator frc;rril Florida that as a result of the passage of H.R. 15166 (Public Law 91-282) any time a problem arises in any State, in-cluding the 17 western reclamation States, the States comprising Appalachia and the States within the TVA area, the Federal Government may seek to step in and determine the allocation of the States' waters, regardless of the intent of previous authorizations. This may pre-sent a serious situation to all areas of the country and a majority of the States
of the Nation. -...
Mr. President, the Congress should carefully consider this matter with a view toward further clarifying the rights of the States in determining water utili-zation and control as previously stated in Public Law 78-534 and, in my opinion, overlooked and effectively bypassed by HR. 15166 (Public Law 91-282) insofar as the central and southern Florida flood control project is concerned.
might add, Mr. President, that those Seitithrs interested in this subject,
par-December 16, 1970 CONGRESSIONAL RECORD — SENATE S 20249
ticularly those from the areas I pre-viously mentioned, might well read the House debate in the CONGRESSIONAL RECORDS of May 8 and 9, 1944, and the Senate debate of November 16 through December 1, 1944. The legislative history of Public Law 78-534, and more particu-larly the legislative intent of the declara-tions of policy contained in the law which was known as the O'Ma-honey-Milliken amendment, made it quite clear that the States have control over the water within their respective borders.
Mr. President, I am bringing this mat-ter up at this time, just before I leave the Senate, only to alert those Senators in-terested in preserving the rights of the several States to allocate water and to point out the possible far-reaching effect the legislation as recently passed by the Congress, H.R. 15166 (Public Law 91-282) might have on future problems that may arise within their respective States. In closing, let me say again that the fixed permanent policy of the Congress is "to recognize the interests and rights of the States in determining the develop-ment of watersheds within their borders and, likewise, their interests and rights in water utilization and control." This policy was established only after the most careful and lengthy debate in Con-gress, and has now been materially weak-' ened by the enactment of HR.. 15166 (Public Law 91-282) , which, incidentally, was passed on the Consent Calendar lb° without debate. I strongly urge upon those Senators who will return for the convening of the 92d Congress that ac-tion be initiated to reaffirm the States rights provision of the 1944 act.
Mr. MOSS. Mr. President, before the Senator yields the floor, will he yield to me briefly?
Mr. HOLLAND. I am glad to yield to the Senator from Utah.
Mr. MOSS. Mr. President, I wish to commend the Senator from Florida for his address on this very important prob-lem of the involvement of the States in the water rights question. The problem is somewhat different in Western States but it is probably more urgent. For a number of years I have been concerned and mem-bers of the Committee on Interior and
IJ
Insular Affairs have been concerned about the problem in the conflict of State and Federal water rightsand we have never fully satisfied ourselves that the problem is settled. We have had bills be-fore us but none has passed and the mat-ter is still something of a question.The Senator from Florida has present-ed here for the Senate the problem as it applies in the State of Florida, and it is a similar problem that I think needs
{careful
delineation because bit by bit inWestern States what amounts to a Fed-eral encroachment that is casting a shad-ow over the pshad-owers of the States to al-locate waters to put them to beneficial use, as we do in the West in the arid part of the country, and which is the ab-solute lifeblood of the West. Without proper and adequate use Of water I feel we cannot continue to grow.
I commend the Senator for his exposi-tion today and to tell him I think he has rendered a grptt, service by bringing this matter before the Senate for
considera-tion either in this session or, as he point-ed out, in the 92d Congress.
Mr. HOLLAND. Mr. President, I cer-tainly appreciate the comment of the, distinguished Senator from Utah. My statements were made today, first, to alert Members of the Senate to this apparent and somewhat minor depar-ture, but it is a depardepar-ture, from the general rule heretofore announced and strongly maintained by all the States, as far as I know, without any change; second, to make clear that the State of Florida does not surrender but preserves its right to go to court in the event sub-sequent action should be taken not in accordance with its best interests; and, third, to call attention to the fact that this departure from the established rule is something of general concern, and I know what it means in Western States. I had the honor not many years ago of attending a conference of western and southern Governors, and almost the whole of that conference was con-sumed in hearing discussions of various States along the Colorado and other rivers as to the utilization of our waters and their insistence that that water was theirs and should be so considered and regarded as a matter of law in the devel-opment of those States which are in the process of very great development.
Mr. MOSS. The Senator has rendered a great service.
DONALD 5 GRAHAM DONALD S. STUBBS DONALD W. HOAGLAND HOWARD W. REA ROBERT H. HARRY CLYDE 0. MARTZ JOHN M.SAYRE GEORGE M. HOPFENBECK.JR. ROBERT L SHAN5TROM LESTER R.WOODWARD WALTER BASH WILLIAM E. MEYERS THOMAS S. NICHOLS L.RICHARD FREESE,JR DALE R.HARRIS JOEL C. DAVIS WILLIAM A.HILLHOUSE IT ROBERT S, ZINN DAVID M. EBEL ARMIL L.SNOW JAMES E.CULHANE JOHN L.McCABE JOHN W.MADDEN ID DONALD E. PHILLIPSON ANTHONY C. VAN WESTRUM CHARLES F. DEWEY DAVID P. SMITH JAMES T. BUNCH FRANK L. ROBINSON BRIAN T. DOLAN JOHN L.C, BLACK JAMES M. GANSINGER
(LEWIS, GRANT & DAVIS) ATTORNEYS AND COUNSELLORS AT LAW
AMERICAN NATIONAL BANK BUILDING
DENVER, COLORADO 80202
December 22, 1970
Mr. J. R. Barkley
Northern Colorado Water Conservancy District P. 0. Box 679
Loveland, Colorado 80537 Dear Bob:
Lorin Markham asked that I send you a copy of the enclosed letter.
Very rily yours,
John M. Sayre for
DAVIS, GRAHAM & STUBBS
JMS:mn
Encl. - As above
303-892— 9400
ROBERT L. STEARNS COUNSEL
F
Enna
RcESIKES
=MEM
LORIN W. MARKHAM, President (Washington) MILO W. HOISVEEN, First Vice President (North Dakota) J. A. RIGGINS, Second Vice President (Arizona)
I. J. COURY, Treasurer (New Mexico)
JAMES F. SORENSEN, Past President (California)
CARL H. BRONN, Executive Director (Washington, D. C.)
897 NATIONAL PRESS BUILDING WASHINGTON, D. C. 20004 (202) 347-2672 December 15, 1970 LORIN W. MARKHAM S. 5524 GARFIELD SPOKANE, WA. 99203 :r. John L. Sayro
Amorican National Bank Building Denver, Colorado 80202
Doar John:
Thanks a lot for your December 9 letbor to Carl Bronn about the rocommondations dovolopod by Gordon Schoor's committee to strengthen our Association. As you know, each Director has been asked to study the rocommendations, rolate thorn to his own State Association, and prepare
an opinion on how far wo can go with them. Several of the Directors have already rosponded, and much in their response is positive.
I am not answering the individual letters, but will incorporate thorn into a finnl report, and circulate the report. Of courso, Carl will have a hard look at the individual responses, too.
Almost ovary Director will concur with the Resolutions Committee's boliof the Association is inadequately financed. The gut question is: How Do 71b Do It? Your suggestions, and the suggestions of othor members of the Resolutions Committee will be most welcome.
This yoor we made two moves . . . wc increased the National's take from convention registrations ,5. a delegate; and wo pushed the Directors to accopt hisher State quotas. I beliovo 11 or 12 of the States will comply. 3 of tho States are delinquent, and obviously cannot take a raise at this time. 3 others say it isn't practical this coming year. 7.ro will koop the prossuro on.
As you probably recall throe major efforts have boon made in the past 12 years to socuro support from national firm, but with little success, so we haven't found the formula. All of the Directors,
suro will give 3 cheers for practical suggestions on getting additional ronoy for tho Association. I NM truly asking for your advice.
Since ",r1 A. jaw+ I :),Ji ( d,(11,1<dils. i)iv.dtl, Muni. I • Milt, W. itoisveeii, (\4.1). Clateme Base, Okla.
14 Suritbwit.k, Lilah Lorin W. Markham, Wash.
J. R. Barkley, Colo. Judge William C. Smith, Jr., Nebr. LaSelle Coles, Ore. Marlin T. Kurtz, Wyo.
Robert T. Chuck, Hawaii Ivan P. Head, Nev. Al A. Schock, S.D. Joe W. Jarvis,
This informs you that Wesley D'Ewares only son died of a heart attack within days of the Las Vegas Convention. It seems his death was entirely without warning. He leaves a widow and a child, or children.
— —
RECD.
u. 2 1970
ilEsoupc -,es\ roil( St..1::> Board LetterN4-0144
IMS[ntit-E',r[CH
LOR)N \V. MARKHAM, President (Washington) MILO W. HOISVEEN, First Vice President (North Dakota) J. A. R(GGINS, Sr•rond Vice President (Arizona)
I. J. COURY, Treasurer New Mexico)
JAMES F. SORENSEN, Past President (California)
CARL II. BRONN, Executive Director (Washington, D. C.1
897 NATIONAL PRESS BUILDING WASHINGTON, D. C. 20004 (202) 347-2672
December 21, 197 0
Subject A - New Criteria face Presidential veto!
On Dec. 18, I mailed you (and others) a BULLETIN. In it, Subject C quoted the criteria being considered by Congress for the evaluation of Water Projects. Those criteria are part of Rivers and Harbors Flood Control legislation for 1970, just passed by Congress; they would apply to ALL water resource projects. (including USBR's)
Other parts of that proposed legislation (parts pertaining to western States, together with sonic general items) are in the enclosed abstract of HR 19877.
This letter is to inform you that knowledgeable people are concerned that President Nixon may veto the bill (passed by the Senate, Dec. 19). Factors that
might be used as 'basis for a'veto include:
DIRECTORS J. A. Riggins, Ariz. James F. Sorensen, Calif. J. R. Barkle, Colo. Robert T. Chuck, Hawaii John A. Rosholt, Idaho
a. authorizing more water projects while the President holds in Budgetary Reserve some funds from both FY 1970 and FY 1971 (for water projects).
b. broadening the criteria for evaluating water projects while OMB objects to such criteria within the Water Resources Council (see Subject C, Bulletin Dec. 18).
c. Including in the bill sonic projects not fully cleared through the Executive Branch. However, for such projects "... the conferees have included language at appropriate places in the bill providing that construction shall not be initiated until such review has been completed, and the Project has been approved by the President".
d. "Provisions that would decrease local cost sharing requirements in water resource developments", whereas OMB advocates increased cost sharing.
Chris C. Green, Kans. .
11'esle‘ D'Ew art, Mont.
Judge William C. Smith, Jr., Nebr. Ivan P. Head, Nev.
I. J. Coury, N.M.
..continued..
Milo W. Fioisveen, N. D. Clarence Base, Okla. LaSelle Coles, Ore.!. Al A. Schock, S.D. John W. Simmons, Tex.
Ed Southwick, Utah Lorin IN. Markham, %Vasil. Marlin f.
Joe W. Jarvis,
e. Limited spread of benefits (on some projects) and the low percentages of cost required as contributions for land enhancement.
f. The "tendency to downgrade environmental values of existing resources, to minimize environmental losses, and to overstate environmental gains."
Although NWRA policy on several of the foregoing aspects is clear to me, I am not sufficiently certain of NWRA views to recommend actions to assure the White House that the Association supports the legislation. Therefore, I send you and the State
secretaries this letter, with the key elements of the Bill. In this way each State, or local interest group, may decide its own action as regards communications to the White House (Co-ordination through the respective State governments would be advantageous, if speed can be achieved).
Subject B - NWRA Finance and accounting data for November also are enclosed. Subject C - Spring Board Meeting of NWRA.
Uncertainties about the legislative program cause advisors on the Hill to refrain now from suggesting the best date for the Spring Board meeting. Some factors are:
... the organization of committees is forecast to be slow; date to convene is beclouded.
... a new Joint Committee on the Environment is to be organized ... to be slow and with possible side effects.
Easter being April 11, one could guess that mid-March would find comMittees organized, with a general feeling for legislative programs, but without being in a rush to clear the decks for Easter. Also, the National Rivers p.nd Harbors Congress has set its Washington meeting for March 16-19.
This is to request that Directors advise me of preferences among (1) the week of the REX convention, (2) the week after, or (3) otherwise.
Nute: In March, the Rivers and Harbors Congress may ratify merger with WRA. Those two, with NWRA and others, might then find valuable a joint meeting of the
respective Boards to discuss Federal appropriations, planning,criteria, and environmental issues. Your views on a joint Board meeting, and on the timing of NWRA's Spring
Board meeting, will be transmitted (by me) to NWRA's Executive Committee the first week of January. (The practicability of a joint Board meeting has not been discussed with WRA and R&FIC.)
ADD-ON
Before Christmas, Mr. Milton Pearl will have rejoined the House IIA Committee. Presumably, his primary concern will relate to recommendations of the Public Land Law Review Commission. As to the joint Committee on the Environment, Mr. Frank DiLuzzio may be under consideration for Staff Dirctctor.
91ST CONGRESS t HOUSE OF REPRESENTATIVES j REPORT 2(1 A`3"essiozi, j No. 91-1782
RIVERS AND HARBORS AND FLOOD CONTROL ACTS OF 1970
DECEMBER 17, 1970.—Ordered to be printed
Mr. BLATNIK, from the committee of conference, submitted the following
CONFERENCE REPORT
[To accompany H.R. 19877]
The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 19877) authorizing the construction, repair, and preservation of certain public works on rivers and harbors for navigation, flood control, and for otlier purposes, havina met, after full and free conference, have agreed to recommend and' do recommend to their respective Houses as follows,:
That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-ment insert the following:
TiTLE I-1?IVERS :AND HARBORS
Freeport Harbor,-Texas Ch,ief of Engineers report dated Novenz-ber 23. 1970, at an estimated cost of $13,710,000, except th,at construc-tion shall not be initiated until approved by the Secretary of the Army and the President ;
Coos Bay, Oregon; Home Document Numbered 91-151, at an esti-mated cost of $9.100.000 ;
Nawiliwili Harbor. Kauai, Hawaii: Chief of Engineers report dated November 24, 1970, at an estimated cost of $1,952.000, except thI t construction shall not be initiated until approved by tile Secretary If the Army and the President.
BEACH EROSION
-Ventura Marina to -Ventura Keys, Ventuixt County, California. Harbors and rivers in A.merican Samoa and the territory of Guam, in the interesti of navigation, flood control, and related water resources purposes.
Kan,eohe Bay, Oahu, Hawaii, with, a view of recomm,ending improvements in ae interests of pollution abatement, navigation, rec-reation and overall bay development.
l,,ua Kauai Hawaii (beach, er08i0n).
TV est daivaii, Kona area, Hawaii, Hawaii (beach, erosion). Maunalua Bay, Oahu, Hawaii (beach, erosion).
Hanauma Bay, Oah,u, Hawaii (beach erosion). Kaa,awa area, 0 ah,u,Hawaii (beach er08i0n).
rs eirly> e e
Hauula area, Oahu,, Hawaii (beach erosion). Mokuleia area. Oahu, Hawaii (beach erosion). Keehi Lagoon area. Oahu, Hawaii (beach, erosion). Sandy Beach Park. Oahu, Hawaii (beach erosion). Ewa Beach, Oahu, Hauyaii (beach erosion).
2
.11.11.110.7'he project for the T rinit9 River and tributaries, Texas, authorized in section 301 of the River and Harbor Act of 1965 (79 8tat. 1073) is hereby modified to provide that not to exceed $75,000 of the costs incurred in 1968 and 1969 by the 7'rinity Ri ver Authority of Texas for aerial photography and mosaic preparation furnished to and accepted by the Secretary of the Army, acting through the Chief of Engineers, shall be credited as a part of the local contribution re-quired of such authority for such project. .
SEc . 114. The project for Santa Barbara Harbor, California, aut. mr-ized by the River and Harbor Act approved March 2, 1945, is hereby modified to provide that the dredging and maintenance of such project shall be the responsibility of the United States.
8Ec. 115. The multiple-purpose plan for improvement of the Arkansas River and tributaries, authorized by the River and Harbor Act of July 24, 1946, as amended and modified, is hereby further modified to authorize the Secretary of the Army, acting th,rough the Chief of Engineers, to construct a bridge and necessary approach facilities across Spaniard Creek, Muskogee County, Oklahoma, as a
replacement for the former bridge which was removed i connection with the construction of Lock and Dam Numbered 16. Appropriate non-Federal interests as determined by the Secretary of the Army, acting through the Chief of Engineers, shall own, operate, and main-tain the bridge and approach facilities after completion of con-struction.
Sr. 117. The project for Port Orford. Oregon, authorized
by
the River and Harbor Act of 1965 in accordance with the recommenda-tions of the Chief of Engineers in Senate Document Numbered 62, Eighty-eighth Congress, is hereby modified to provide for mainte-mance of a suitable channel to the existing port facilities, not exceeding the sixteen-foot natural depth available at the time of project authorization, subject to the conditions that local interests agree to (1) provide without cost to the United States all necessary lands, easements, and rights-of-way; and (2) hold and save the United States free from damages due to the work. No such dredging shall be performed within fifty feet of the docks.TITLE II—FLOOD CONTROL
SEC. 201. Sections 201 and 202 and the last three sentences in sec-tion 203 of the Flood Control Act of 1968 shall apply to all projects authorized. in this title. The following works of improvement for the benefit of navigation and the control of destructive floodwaters and other purposes are hereby adopted and authorized to be prosecuted by the Secretary of the Army, acting through the Chief of Engineers, in accordance with the plans and subject to the conditions recommended by the Chief, of Engineers in the respective reports hereinafter designated.
ARKANSAS RIVER BASIN
The project for flood protection and other purposes on the Deep Fork River in the vicinity of Arcadia, Oklahoma, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 91-299, at an estimated cost of $24,900,000.
ARKANSAS-RED RIVER BASIN
The project for water quality control in the Arkansas-Red River Basin, Texas, Oklahoma. and Kansas, designated as Part I, authorized by the Flood Control Act of 1966, is hereby modified to include Part II of such project, substantially in accordance with the recommenda-tions of the Chief of Engineers in his report dated May 6, 1970, except that the Oni,ount authorized for Part I shall be utilized for initiation. and partial accomplishment of Parts I and II. Construction shall not
be initiated until approved by the Secretary of the Army and the President.
emo.
MISSOURI RIVER BASIN
The project for flood protection and other purposes in the Blue River Basin, vicinity of Kansas City, Missouri and Kansas, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 91-332, except that not to exceed $40,000,000 is authorized for initiation and partial accomplishment of the project. Construction of the Tomahawk Creek Reservoir shall not be initiated until the Secretary of the Army has been assured by the Chief of Engineers that the most feasible com-bination of improvements having the most favorable impact upon the environment and future development of the Tomahawk Creek Water-shed has been assured.
The project for Oahe Dam and Reservoir, Missouri River. North Dakota. is hereby authorized substantially in accordance with the rec-ommendations of the Chief of Engineers in Senate Document Num-bered 91-23, at an estimated cost of $732,000.
SOURIS RIVER BASIN
The project for Burlington Dam and Reservoir on the Souris River, North Dakota, for good protection and other purposes, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 91-321. at an estimated cost of $29,240,000.
SANTA BARBARA COUNTY COASTAL STREAMS
The project for flood protection on Atascadero Creek and its trib-utaries of Goleta. California. is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in House Document Numbered 91-392, at an estimated cost of $13.830.000.
SABINE RIVER BASIN
The project for flood protection and other purposes in the Sabine River Basin, Texas and Louisiana, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in
House Document Numbered 91-429, except that not to exceed
$40,000,000 is authorized for initiation and partial accomplishment of the project.
SACRAMENTO RIVER BASIN
The project for flood protection and other purposes on Cottonwood Creek, California, is hereby authorized substantially in accordance with the recommendation of the Chief of Engineers in his report dated December 14, 1970, except that not to exceed $40,000.000 is
authorized for initiation and partial accomplishment of the project. Construction shall not be initiated until approved by the Secretary of the Army and the President.
SAN JOAQUIN RIVER BASIN
The project for Merced County Streams, California, is hereby authorized substantially in accordance with the recommendations of the Chief of Engineers in his report dated Novembmer 25, 1970, at an estimated cost of $37,260,000. Construction shall not be initiated until approred by the Secretary of the Army and the President.
KANEOHE-KAILUA AREA, OAHU, HAWAII
The project for flood protection in the Kaneohe-Kailua area on the eaNt coast of the island of Oahu, Hawaii, is hereby authorized substan-tial y HI. accordance with the recommendations of the Chief of Engi-neerl in his report dated November 23, 1970, at an estimated cost of $7,249,000. Construction shall not be initiated until approved by the Secretary of the Amy and the President.
Sky. 202.(a) The plan for food protect-ion in the Big Sandy River BaSili, Kentucky. West Virginia, and Virginia, included in the comprehensive plan for flood control in the Ohio River Basin. authorized by the Flood Control Act, approved June 22, 1136 (49 Sta. 1.770), as amended and modified, ;8 hereby further modified to
authorize the Secretary of the Army, acting through the Chief of Engineers, to relocate Levisa Fork of the Big Sandy Veep at Pike-vibe. Kentucky. and to construct related drainage facilities, iii
Coll-neetian with the city of Pikeville's model city program. Such channel relocation shall be accomplished by exeuration of an open cut to con-nect the points of the horseshoe bend in Levisa Fork at
and the open cut shall be designed and constructed to such dimensions and grades as Will permit relocation of the ?ire? with the Chesapeake
and Ohio Railway on the left descending bank and the 1/jilted Statc.,; Highway Numbered 2.1 on the right descending bank of such open cut. Spoil material from the open cut shirll be utilized for filled areas
included in the model city plan.
(b) The work authorized by this section shall not be commenced until an agreement-satisfactory to the Seoretary of the Army, acting through the Chief of Engineers, has been entered into with the ment of Housing and Urban Development, the State Highway Depart-ment of Kentucky. the Federal Highway Administration, the Appalachian R,ecional Commission, the Chesapeake and Ohio Railway
Company, the city of Pikeville? and ether participating agencies, relative to the financial responsibility of each participant in the model city project; and appropriate non-Federal interests have furnished the cooperation required by section 3 of the Flood Control Act, approved June 22, 1936 (40 Stat. 1570), as amended. Financial participation of the Department of the Army shall be based upon an equitable distribu-tion o costs among the participants.
SEC. 203. The Secretary of the Army, acting through the Chief of Engineers is authorized to cooperate and participate with concerned Federal, State, and local agencies in preparing the general plan for the development of the water resources of the western United States authorized by the Colorado River Basin Project Act (82 Stat. 885).
• •• •
SEc. 206: The Secretary of the Army, acting through the Chief of Engineers, is authorized and directed to elevate, relocate, or make such other changes as may be necessary to insure that the road located in the Wolf Creek Park area, running in an east-west direction and crossing -Wolf Creek, Harris Branch, and Strain Branch in the Navarro Mills Reservoir, Texas, 'will at all times be above elevation four hundred and forty-three feet above mean sea level.
S It is the intent of Congress that the objectives of en4ancing region economic development, the qualiti?ot the total environment, including its protection and improvement, the well-being of the
people of the United States, and the national economic devel-opment are the objectives to be included in federally financed water resource projects, and in the evaluation of benefits and cost attributa-ble thereto, giving due consideration to the most feasiattributa-ble alternative means of accomplishing these objectives.
Was Seal;
an avi
v‘tAA44:4. A.Lizeitts-et,
SEC. 211. (a) Section 3013 of title 10. United States Code, is amended by striking out "four Assistant Secretaries" and inserting in lieu thereof the following: "five Assistant Secretaries", and by adding at the end thereof the following: "One of the Assistant Sec- • retaries shall be the Assistant Secretary of the Army for Civil TV orks. He shall have as his principal duty the overall supervision of the functions of the Department of the Army relating to programs for conservation and development of the national water resources includ-ing flood control. natigation. shore protection, and related purposes." (b) Paragraph (15) of section 5315 of title 5. United States Code, is amended by striking out "(4)" and inserting in lieu thereof "(5)". Six. 212. The Secretary of the Army, acting through the Chief of Engineers, is authorized, in the interests of flood control and related purposes. to remove logjams in the lower Guadalupe River. Texas. Prior to the undertaking of the work authorized by this section. ap-propriate non-Federal interests shall agree to furnish without cost to the United States lands, easements, and rights-of-way necessary for the work, to hold and save the United States free from damages
due to the work and to perform all such work thereafter.
SEC. 213. The Secretary of the Army, acting through the Chief of Engineers, is authorized to resolve the seepage and drainage problem, in the vicinity of the town of Niobrara, Nebraska, that may be re-lated to operation of Gavins Point Dam, and Lewis and Clark Lake project, Nebraska and South Dakota, subject to a determination by the Chief of Engineers with the approval of the Secretary of the Army, of the most feasible solution thereto. There is authorized to Six. 215. The project for flood protection on the Klamath Rivei at and in the vicinity of Klamath, California, authorized by the Flood Control Act of 1966 (80 Stat. 1205), is hereby modified to require the Secretary of the Army, acting through the Chief of Engineers, to provide, as an essential part of the project, bank protection works extending approximately two miles downstream from the project to protect the north bank of the river from erosion due to Klamath River flows. Non-Federal interests shall furnish lands and interests therein necessary for the works, hold and save the United States free from damages due to the works, and operate and maintain theworks after completion.
oody Creek, Muskogee. Oklahoma. Kapaa Stream, Kauai, Hawaii. TV aikomo Stream„ Kauai, Hawaii. Hanalei River, Kauai, Hawaii. TV aikane Stream, Oahu, Hawaii. M oanalua Stream, Oahu, Hawaii. TV aihee Stream, Oahu, Hawaii. TV aikele Stream,Oahu,Hawaii. Kamananui Stream, Oahu, Hawaii. K ahana Stream, Oahu,
W aolani Stream, Oahu, Hawaii. K aaawa Stream, Oahu, Hawaii. Makaha Stream, Oahu, Hawaii. Olowalu Stream, Maui, Hawaii. P alai, Four Mile Creek, Hawaii, Kona, Hawaii, Hawaii.
SEC. .20: In- addition to previous authorizations, there is hereby authorized to be appropriated the sum of $1,400,000 for the pros-ecution of the Comprehensive Plan for the Upper Mississippi River Basin, approved in the Act of J21.41e 28, 1938, as amended and supple-mentedby subsequent acts of Congress.
tion of any water resources project by the Secretary of the Army, acting through the Chief of Engineers, or by a non-Federal interest where such interest will be reimbursed for such construction under the provisions of section 215 of the Flood Control Act of 1968 or under any other provision of law, shall not be commenced until each non-Federal interest has entered into a written agreement ivith the Secretary of the Army to furnish its required cooperation for the project.
(C) Every agreement entered into pursuant to this section shall be en forcible in the appropriate district court of the United States.
(d) After commencement of construction of a project. the Chief of Engineers may undertake performance of those items of coopera-tion necessary to the funccoopera-tioning of the project for its purposes, if
he has first notified the non-Federal interest of its failure to perform the terms of its agreement and has given such interest a reasonable time after such notification to so perform.
(e) The Secretary of the Army, acting through the Chief of Engineers, shall maintain a continuing inventory of agreements and the status of their performance, and shall report thereon annually to the Congress.
(f) This section shall not apply to any, project the construction of /which was commenced before January 1,1972.
SEc. 222. The Secretary of the Interior in financing the reloca-tion of the existing Placer County Road from Auburn to Forestkill, California, as part of the construction of the Auburn Dam and Res-ervoir on the Auburn-Folsom South Unit of the Central Valley Proj-ect, California, may provide for the cost of construction of a two-lane river level bridge across the North Fork of the American River with a substructure and deck truss capable of supporting a four-lane bridge.
SEC. 223. Section 204 of the Flood Control Act of 1950 is amended
by adding at the end of the authorizations set forth under the center heading "COLUMBIA RIVER BASIN" the following new paragraph:
SEc. 226. The Secretary of the Arm-y. acting' . through the Ch /et of. Engineers, is authorized and directed to review and study the opera-tion of the Fort Randall multiple-purpose project, South Dakota. with a view to determining the advisability of modifying the project facilities or the regulation of the impounded waters, or both, and report thereon to the Congress.
SEC. 228. The comprehensive plan for flood control and other pur-poses in the Missouri River Basin, as authorized by the Act of June 28, 1938 (52 Stat. 1215). and as modified and expanded by subsequent
Acts, is further modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to construct a bridge across the Missouri River 'at an appropriate location midway between Bis-marck, North Dakota, and Mobridge, South Dakota
'in accordance 'with such plans as determined to be satisfactory by the Secretary of the Army 80 as to provide adequate crossing facilities over such river
for highway traffic in the area. Prior to construction the Secretary of the Army, acting through the Chief of Engineers, shall enter into an agreement with appropriate non-Federal interests as determined by him, which shall provide that after construction such non-Federal interest" shall own, operate toll free, and maintain such bridge and approach facilities.
SEC. 229. The comprehensive plan for flood control and other pur-poses in the Missouri River Basin, as authorized by the Act of June 28, 1938 (52 Stat. 1215), and as modified and expanded by sub-sequent Acts, is further modified to authorize the Secretary of the Army, acting through the Chief of Engineers
'to construct a bridge over the Little Missouri River at the Garrison Reservoir in the vicin-ity of Eagle Bay in Dunn County, North Dakota, in accordance with such plans as are determined to be satisfactory by the Secretary of the Army in order to provide adequate crossing facilities over such
