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appropriate or otherwise set aside an equal amount for the development of aforesaid plans for stream-pollution control, except that for the first fiscal year or any part thereof of the existence of the legally constituted streain-pollutioncontrol authority or subsidiary agency thereof the allotment of money is not conditioned upon the appropriation or setting aside of money by the streampollution-control authority or subsidiary agency thereof: Provided, That the allotment to any drainage district or drainage-area stream-pollution-control authority or subsidiary agency thereof shall not be paid to the same for a period exceeding five fiscal years.
(H. R. 12103 (S. 4349))
A BILL To provide for the preparation of a plan to reduce the pollution of navigable
waters of the United States
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Chief of Engineers, under the supervision of the Secretary of War, shall study and investigate the condition of the navigable waters of the United States as affected by the discharge of sewage, industrial waste, and other deleterious substances into the said navigable waters and into nonnavigable waters which flow into navigable waters. He shall investigate and study means and methods of correcting and eliminating the pollution of the navigable waters of the United States. In the preparation of such studies, he shall confer with officers of the various States whose duties relate to the improvement of the condition of streams and water supply. He shall divide the United States into various drainage areas, based on the physical waterheds and other considerations, and shall prepare a comprehensive plan for every area designed to reduce pollution in all navigable waters, improve conditions of public health, develop purer and safer sources of public water supply, and increase recreational and industrial use of such waters. Any plan so prepared shall be drafted with due consideration and regard being given to the compliance with statutory regulations and provisions of the several States within the area to be affected relating to public water supply and sewage disposal. He shall prepare, and cause to be published by the Government Printing Office, from time to time, reports of such studies, investigations, and surveys as shall be made under the authority of this Act, together with his recommendations with regard to the elimination of the sources of pollution of the navigable waters of the United States.
SEC. 2. Upon the request of any State or municipal authority, the Chief of Engineers shall furnish an estimate of the cost of conducting an investigation and making a survey of any specific problem of water pollution confronting any State, community, or municipality, with a view to effecting a solution of such problem or problems. He may make recommendations as to the division of cost of making such a survey between the United States and the interested State or municipal authority.
SEC. 3. Upon the approval of such estimate of cost by the Secretary of War, and upon the provision by the State, community, or municipality of the share of funds recommended in the Chief of Engineer's report to be contributed by it, he shall conduct the investigation and survey, and shall make a report making definite recommendations for the correction or elimination of the conditions found to exist. He shall cause such report to be printed by the Government Printing Office.
SEC. 4. The Secretary of the Treasury', on request of the Secretary of War, may detail for duty under the ('hief of Engineers such officers, agents, or employees of the Public Health Service as he may deem desirable for the furnishing of professional, medical, or bacteriological assistance in the execution of the investigations, studies, and surveys above provided for.
Sec. 5. The cost of making and publishing the studies prescribed in sections 1 and 3 of this Act, of preparing the estimates of cost prescribed in section 2 of this Act, and of making the surveys and studies prescribed in section 3 of this Act, shall be estimated for in one account, to be included in the nommilitary section of the Budget for the War Department appropriation bill. There is hereby authorized to be appropriated out of the Treasury, for that purpose, such amounts as from time to time are estimated for and found necessary for this purpose.
SEC. 6. The appropriation provided for in section 5 of this Act shall be available for payment of personal and nonpersonal services, including such services in the District of Columbia, traveling expenses, mileage of officers of the Corps of Engineers and Public Health Service, printing and binding, and for such other expenses as may be deemed necessary by the Chief of Engineers to carry out the provisions of this Act.
The CHAIRMAN. Do you contemplate the hearing to cover all of these bills at the same time, Mr. Hollister?
Mr. HOLLISTER. Yes, judge; I should like to make a little statement for a few minutes, if I could, to explain why the three bills were introduced.
The CHAIRMAN. We will be very happy to have you make your statement at this time, Mr. Hollister.
STATEMENT OF HON. JOHN B. HOLLISTER, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF OHIO
Mr. HOLLISTER. The three bills were exactly the same as bills introduced by Senator Barkley in the Senate, and referred to the Commerce Committee of the Senate. One provides for compacts between the States of the Ohio River Valley, looking toward the control of stream pollution. As to the other two bills,
one provides that the Public Health Service of the United States should take over the supervisory work in connection with these State compacts and looking toward flood control to the extent that the Federal Government can cooperate with the States, and the other provides that this work should be under the control of the Army engineers. Needless to say, both bills are not expected to pass and' it is the feeling of the group that worked on these and really drafted these bills that, naturally, the bills will be somewhat amended before being passed' at the discretion of this committee. These two bills were put in because the committee in charge of this work were not certain which was the best way in which the work should be conducted, and felt that this committee would want to make its own decision in the matter after hearing from the Chief of Engineers and the Chief of the Public Health Service.
Now, first I want to say, on behalf of all of those interested, it is very much appreciated that this committee would take the time this late in the session to give these gentlemen a hearing and they want to take as little of the time of the committee as possible. There are a number of witnesses who will present the different aspects of the picture and we would like to have them called in sequence and let them make as brief and concise a statement as possible to save the time of the committee, and then, when their statements are completed, if any members of the committee would care to question them, they may do so. I believe that would be a better plan to follow than to interrupt the witness when he is testifying.
I want to say also that Mr. Vinson of Kentucky is here, who has been equally interested with me in this from the beginning. Kentucky and Ohio are particularly interested, and the stream pollution situation in Mr. Vinson's district is probably worse than anywhere else, even almost than in Cincinnati, and it is bad enough there. Mr. Vinson was unable to work on the preliminaries as much as I was able to, but, at the same time, he is here today. I do not know whether he desires to make a statement or not, but his interest is exactly the same as mine and we are cooperating fully. It is one of these things where everybody is equally interested all along the river, and I simply have been called in because of the fact that it was a Cincinnati committee that originated the legislation.
The CHAIRMAN. The Members of Congress who are busy with other committees will want to be heard first.
Mr. HOLLISTER. Do you desire to make any statement, Mr. Vinson!
STATEMENT OF HON. FRED M. VINSON, A REPRESENTATIVE IN
CONGRESS FROM THE STATE OF KENTUCKY
Mr. Vinson. Mr. Chairman and gentlemen of the committee, representing 20 counties in Kentucky, we have a frontage on the Ohio River of more than 100 miles. It runs from the mouth of Big Sandy River almost to Cincinnati. The Big Sandy River in my district also washes the shores of Wayne County, W. Va., the county which is honored in having the chairman of this great committee as its native son.
It is needless for me to say that I am deeply interested in this problem. I can say unequivocally that legislation of this character is near my heart. In my service here I have been and am ready to battle for public health legislation. Of course, we are all happy to know that we are starting upon a public health program under the social-security bill, a real public health program for the first time in the history of our Nation.
Now, getting down to the problem involved, Mr. Hollister and I have had many conferences in regard to solving the stream-pollution problem. Just recently, I took the bills introduced upon the subject and endeavored to work out a composite bill for the consideration, as I thought, of this committee. There were a number of bills in the Senate and also in the House. I introduced that bill yesterday, and, to my surprise, reference of the bill was made by the parliamentarian to the Interstate and Foreign Commerce Committee. Of course, it is not before this committee technically, but I certainly would like to have it considered by the Rivers and Harbors Committee as if it were before the committee. The number of this bill is H. R. 12764. It has two major points involved: (1) A comprehensive study of the problem from a national viewpoint to determine what should be done and the order of their doing and (2) the Federal Government embarks upon a plan to aid municipalities, States, and governmental divisions, together with industry, to relieve the cause of stream pollution.
I think we are moving so rapidly in this old world that things slip up on us, and I feel that the Congress of the United States, and this committee, has had no more important function to perform than the study, and I might say the initial step, so far as I know of, the initial step looking toward the solution of the stream-pollution problenr. Man can think of everything on earth except himself. Men fight for their country and their homes and their families. When the band is playing and the flags are waving, why, it is patriotie service to which, of course, we bow in deference, but when it comes to protecting the family and the home and the country from the insidious attacks that come from impure waters, of course, the band is not playing, flags are not waving, and it is not until epidemic conditions occur and things get out of control, that there
may be the functioning of governmental units of the country toward this great problem. I am happy that you gentlemen are considering this most important problem, and I want to assure you that I am enlisted in the cause. My bill reads as follows:
[II. R. 12764]
A BILL To create a Division of Stream Pollution Control in the Bureau of the Public
Health Service, and for other purposes
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby established in the Bureau of the Public Health Service a Division of Stream Pollution Control. Such Division shall be in charge of a Director, who shall be a commissioned engineer officer of the United States Public Health Service detailed by the Surgeon General of the Public Health Service. Such engineer officer, while serving as Director, shall have the rank of an Assistant Surgeon General of the Public Health Service, subject to the provisions of law applicable to Assistant Surgeon Generals in charge of administrative divisions in the District of Columbia of the Bureau of the Public Health Service.
SEC. 2. (a) The Division of Stream Pollution Control shall, in cooperation with the agencies of the several States authorized or designated by law to deal with water pollution, prepare a comprehensive plan for eliminating or reducing the pollution and improving the sanitary condition of the waters of the United States. In the development of such comprehensive plan due regard shall be given to the improvements which are necessary to conserve such waters and promote their use for public water supplies, propagation of fish and aquatic life, recreational purposes, agricultural and other legitimate uses and for this purpose the Division of Stream Pollution Control is authorized to make joint investigations with the aforesaid agencies of any State or States of the condition of any waters either navigable or otherwise and the discharges of any sewage, industrial wastes, or deleterious substances which may adversely affect such waters.
(b) The Division of Stream Pollution ('ontrol shall encourage cooperative activities by the several States for the prevention and abatement of pollution; encourage the enactment of uniform State laws relating to water pollution; encourage compacts between the several States for the prevention and abatement of water pollution; collect and disseminate information; make available to State agencies the results of surveys, studies, and experiments conducted by it and other agencies, public and private; assign experts in its employ or, with the approval of the head of the department or agency concerned, in the employ of any other department or agency of the Government; and furnish such assistance to State agencies as may be authorized by law.
SEC. 3. The Division of Sream Pollution Control, upon request of any State health authority or authorities and subject to the approval of the Surgeon General, shall conduct investigations and make surveys of any specific problem of stream pollution confronting any State, drainage-basin authority, community, or municipality with a view to effecting a solution of such problem or problems, and shall make definite recommendations for the correction or elimination of the conditions found to exist.
SEC. 4. The Public Health Service shall prepare and publish, from time to time, reports of such studies, investigations, and surveys as shall be made under the authority of this Act, together with appropriate recommendations with regard to the control of pollution of the waters of the United States.
SEC. 5. Any State, municipality, or other public body which is discharging untreated or inadequately treated sewage or waste into waters of any area is hereby declared to be eligible to Federal aid in the form of grants-in-aid and/or loans for the construction of necessary remedial-treatment works, in accordance with plans approved by the respective State board or department of health and by the Surgeon General of the Public Health Service. Such loans and grants-in-aid shall be made upon such terms and conditions as the President may prescribe, subject to the following limitations: (1) Loans or grants-in-aid shall be made only upon the certification of the State board or department of health having jurisdiction and with the approval of the Surgeon General of the Public Health Service and (2) no grants-in-aid shall be made in respect to any project of an amount in excess of 3342 per centum of the cost of the labor and materials employed upon such project, including the cost of preparation of plans and the carrying of same into execution.
SEC. 6. Any private corporation discharging untreated or inadequately treated sewage or waste deleterious to the waters within any area is hereby declared to be eligible to Federal aid in the form of loans for the construction of necessary remedial-treatment works in accordance with plans approved by the respective State board or department of health and with the approval of the Surgeon General of the Public Health Service. Such loans shall be made upon such terms and conditions as the President may prescribe, subject to the following limitation: Loans shall be made only upon the certification of the State board or department of health having jurisdiction and upon approval of the Surgeon General of the Public Health Service.
SEO. 7. The Surgeon General shall make estimates of the amount of moneys required each year for the extension, under the provisions of sections 5 and 6, of Federal aid in the form of grants-in-aid or loans to any States, municipalities, or other public bodies or in the form of loans to private corporations within any area. The Surgeon General shall transmit such estimates through the Secretary of the Treasury to the President, who shall transmit the same to the Congress, together with any recommendations he may deem advisable. There are authorized to be appropriated such amounts as may be necessary to carry out the purposes of sections 5 and 6. Grants and loans provided for in such sections shall be made by the Secretary of the Treasury in accordance with such rules and regulations as he may prescribe for projects approved under such sections provided they have been approved by the Surgeon General of the United States Public Health Service.
SEC. 8. There is hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year commencing July 1, 1936, and for each year thereafter the sum of $300,000 to defray the expenses of the establishment and maintenance of the Division of Stream Pollution Control in the Bureau of the Public Health Service and to be used for the investigations made under this Act.
SEC. 9. There is hereby authorized to be appropriated the sum of $700,000 annually for ten fiscal years beginning with the fiscal year commencing July 1, 1936, to be paid to the States for expenditures by or under the direction of their respective State boards or departments of health in the promotion, investigation, surveys, and studies necessary in the prevention and control of stream pollution ; this sum to be allotted, under the supervision of the Surgeon General of the Public Health Service, to the States in accordance with rules and regulations prescribed by the Secretary of the Treasury.
Sec. 10. (a) For the administration of this Act the Secretary of the Treasury may, upon recommendation of the Surgeon General, appoint such engineers, attorneys, experts, l'esearch assistants, examiners, and consultants as may be necessary and fix their compensation, in the manner provided by law for appointment and compensation of such personnel of the Public Health Service; and the Surgeon General is authorized to transfer, assign, or detail to the Division, from any other Division of the Public Health Service, such professional and scientific personnel as may be available.
(b) Such clerical, stenographic, and other assistants as may be necessary to discharge the duties of said Division shall be appointed by the Secretary of the Treasury, and he shall prescribe such rules and regulations with respect to their duties as he may find necessary.
(c) The Secretary of the Treasury with the consent of the Secretary of any other department of the Federal Government may utilize such officers and employees of said department to assist in carrying out the purposes of this Act. The appropriation from which they are paid shall be reimbursed from the appropriations made pursuant to section 9 of this Act to the extent of their salaries and allowances for service performed while so engaged.
SEC. 11. If any provision of this Act is held invalid, the remainder of the Act shall not be affected thereby.
SEC. 12. This Act may be cited as the Stream Pollution Act.
Mr. Bolton. In preparing your bill, did you refer to Judge Mansfield's bill on stream pollution?