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UNITED STATES OF AMERICA Q:ongrrssional Rrcord

PROCEEDINGS AND DEBATES OF THE 9 I sf CONGRESS FIRST SESSION

VOLUME lIS-PART" 21

OCTOBER 1, 1969, TO OCTOBER 8, 1969 (PAGES 27859 TO 29312)

UNITED STATES GOVERNMENT PRINTING OFFICE, WASHINGTON, 1969 October 8, 1969 - SENATE 29089 title, the Board may from time to time estal)­ lished a high level council on environ­ taken by the President. As a result, the llsh advisory committees. Committee mem­ mental advisers along with the first ex­ bill, as reported was cosponsored by every bers shall be selected from among represent­ pression of a comprehensive environ­ atives of various State. interstate. and local member of the Senate Interior Com­ government agencies, of publlc or private mental policy. mittee. interests concerned with population growth, The bill while not enacted into law, As Dr. DuBridge expressed it during environmental quality, and planning for the provided a vehicle for obtaining infor­ the hearings: future, and of the other public and private mation in this vital area. The 4 days of I agree completely that one must have in­ agencies demonstrating an active interest. as hearings before the Senate Interior dependent evaluations of the actiVities and well as other individuals in the fields of Committee still serve as a useful refer­ responsibilities of the various departments, population, biology, medical science. psy­ ence in this area. that it must have the best outside advice chology, social sciences, ecology, agriculture, that one can get, and operate out of the economics, law, engineering, and political This concept of establishing an en­ President's Office to bring the best adversary science who have demonstrated competence vironmental policy was carried on in position ... to the attention of the Council. with regard to problems of the environment. subsequent sessions of Congress. In the (b) The members of the advisory commit­ 89th Congress. S. 2282 entitled the "Eco­ That is what the Board of Environ­ tees appointed pursuant to this title shall be logical Research and Surveys Act" was mental Quality Advisers. as envisioned by entitled to receive compensation at a rate to introduced by the Senator from Wis­ S. 1075, is intended to do. be fixed by the Board, but not exceeding In June of this year, after thorough $100 per diem, including traveltime, and consin (Mr. NELSON). The provisions of while away from their homes or regUlar this bill were later incorpOrated into S. discussions, S. 1075 was ordered to be places of business they may be allowed travel 2805, introduced in the 90th Congress by reported by the Committee on Interior expenses, including per diem in lleu of sub­ the chairman (Mr. JACKSON), and the and Insular Affairs. Subsequent to this sistence. as authorized by section 5703 of former ranking minority member of the order, the administration through Direc­ title 5 of the for persons committee. Thomas Kuchel. tor Mayo. of the Bureau of the Budget, in the Government service employed inter­ S 2805, and similar other measures, recommended further amendments. On mittently. were the subject matter of a unique joint July 8, the committee, in a unique move. (c) The Board shall organize and convene reconsidered the bill and adopted sev­ a biennial forum on current problems and House-Senate colloquium held July 17, issues concerning environmental quality, 1968. This colloquium, which was jointly eral of the recommended amendments. population, and the future, and publish the sponsored by the Senate Interior Com­ On July 8 the bill was once again proceedings thereof, and participants in such mittee and the House Science and Astro­ ordered reported. The report was filed forums shall be selected from among repre­ nautics Committee. prOVided a forum for on July 9 and S. 1075 was passed by sentatives of various State, interstate, and Members of Congress and interested the Senate on July 10. local government agencies, of publlc or parties to meet and discuss these im- Mr. President, I believe that this his­ private interests concerned with population torical development is most important growth, environmental quality, and planning portant issues. " for the future, and of other publlc and During the 91st Congress three bills for several reasons. First, it shows the private agencies demonstrating an active in­ were introduced dealing with environ­ amount of work and thought which has terest, as well as other individuals in the mental policy and the creation of new gone into this bill. Second, it shows the fields of population, biology, psychology, overview institutions. degree of openness that the committee medical sciences. social sciences, ecology, These bills-So 237, S. 1075, and S. has displayed during this time. The com­ agriculture, economics, law, engineering, and mittee sought suggestions, aid, and par­ political science who have demonstrated 1752-were all referred to the Senate Interior Committee, and open hearings ticipation from Senators, Members of competence with regard to problems of the the House, and from the administration. environment. were held on them in April of this year. SEC. 304. The Board may employ such offi­ Along with the usual notice in the REC­ Our committee listened to and acted cers and employees as may be necessary to ORD, personal invitations were sent to upon suggestions from many sources. carry out its functions under this Act. In Senators who had expressed a particu­ I believe that it is both timely and ap­ addition, the Board may employ and fix the lar interest in this area. to attend and propriate for the Senate to move forward compensation of such experts and consult­ participate in the April hearings. in completing congressional action on ants as may be necessary for the carrying this important and urgent matter by ap­ out of its functions under this Act, in ac­ After the hearings, on May 29, 1969. the chairman introduced amendment No. pointing conferees to resolve the differ­ cordance with section 3109 of title 5. United ences between the House and Senate States Code (but Without regard to the last 25. This amendment resulted from sug­ sentence thereof). gestions made by administration wit­ passed versions of S. 1075. It should be SEC. 305. There are hereby authorized to be nesses. There was general agreement by noted, Mr. President, that the House has appropriated $1,000,000 annually to carry out administration witnesses, including Dr. already appointed its conferees. the purposes of this title. DuBridge, that a statutory declaration The PRESIDING OFFICER. Th~ Amend the title so as to read: "A bill to of a national environmental policy would question is on agreeing to the motion. establlsh a national policy for the environ­ The motion was agreed to, and the ment; to authorize stUdies, surveys, and re­ be both appropriate and useful. Senators will recall that President Presiding Officer appointed Mr. JACKSON, search relating to ecological systems, natural Mr. CHURCH, Mr. NELSON. Mr. ALLOTT, resources, and the quality of the human en­ Nixon had committed himself in the 1968 Vironment; and to establish a Board of En­ campaign to a policy of improving the and Mr. JORDAN of Idaho conferees on vironmental QUality Advisers." environment in his October 18, 1968. the part of the Senate. Mr. ALLOTI'. Mr. President, as the radio address entitled: "A Strategy of ranking minority member of the Com­ Quality: Conservation in the Seventies," mittee on Interior and Insular Affairs. In that address, Candidate Nixon char­ WATER QUALITY IMPROVEMENT I wish to congratulate our distinguished acterized our environmental dilemma in ACT OF 1969 chairman, the Senator from Washington these words: The Senate resumed the consideration (Mr. JACKSON). for his unending efforts The battle for the quality Of the American of the bill (S. 7) to amend the Federal in obtaining passage of the National En­ environment is a battle against neglect, mis­ management, poor planning and a piecemeal Water Pollution Control Act, as amended, vironmental Policy Act of 1969, a meas­ approach to problems of natural resources. and for other purposes. ure of particular impOrtance in this era Mr. MUSKIE. Mr. President, there are of ever-degrading environment. Acting upon that commitment, Presi­ other matters involving the water pollu­ I believe that some background infor­ dent Nixon established by Executive tion control provisions of the bill which mation would be helpful at this pOint. order the Environmental Quality Coun­ will be discussed later in the afternoon. Let me take just a moment to trace the cil in May of 1969. This Council is of but at this moment I understand we will historical development of S. 1075. the highest level. The President, himself, turn to the consideration of an amend­ The concept of a high level council on is chairman, and its membership in­ ment to be offered by the distinguished conservation, natural resources, and en­ cludes the Vice President and five Cabi­ Senator from Delaware (Mr. WILLIAMS) vironment is not new. It first found sup­ net members. The council provides the involving a matter in which the distin­ pOrt from a former chairman of the Sen­ action mechanism to implement environ­ guished Senator from North Carolina ate Interior Committee. the late Senator mental policy decisions. (Mr. JORDAN) is interested. Murray. In the 86th Conrgess. he intro­ S. 1075. as passed by the Senate. was Mr. WILLIAMS of Delaware. Mr. Pres­ duced S. 2549, the Resources and Con­ coordinated with the administration, and ident, will the Senator yield? servation Act. which would have estab- was intended to complement the actions Mr. MUSKIE. I yield. 29090 CONGRESSIONAL RECORD - SENATE Mr. WILLIAMS of Delaware. I would In the Senate are setting the proper erators will need additional training as like to ask a question relating to title ITI, example. In the light of all the requests plants are modernized and new treat­ which begins at the bottom of page 80 of t-o private industry and all agencies of 'ment procedures initiated. When you the bill and Is entitled "Property Acqui­ Government can we say to them, "We add to this number the 665 communities sitions." meant for all of you to cooperate; but in Pennsylvania that have no treatment I am not raising any question of ger­ ourselves-we want a new building." facilities, but will be acquiring plants in maneness; but would the Senator explain Would It not be better to postpone and the near future, you can see the amount what the construction of a new Senate consider this matter at a later time? of training which is needed for efficient Office Building has to do with water and Mr. MUSKIE. I think the Senator has operation of pollution control facilities. air pollution? I know our procedures are served a useful purpose by giving the That is only one State. sometimes strange, but what is the rela­ Members of the Senate an opportunity to It was to meet this need that I offered tionship between the two subjects? Why make that decision. this amendment to the water quality are they tied together? Mr. WILLIAMS of Delaware. I will just improvement blll-B. 7-which would Mr. MUSKIE. May I say that substan­ make this innocent observation. Perhaps establish a 2-year pilot program for the tively there Is none. I think the Senator there is some relationship between the training of plant operators. It would from North Carolina (Mr. JORDAN) Is In proposal for a new Senate Office Build­ provide $5 million the first year, and a better position to explain how it hap­ ing and air pollution, so I will not raise $7 '12 million the second, to train about pens to be here. a point its not being germane to the pol­ 9,000 men. May I add that the problem of space lution problem. I await with interest to If my pilot program is successful, I for Senators is a pressing one. I know the hear the explanation. foresee that training will be an integral Senator from North Carolina is more Mr. MUSKIE. I do not know of any re­ part of all future pollution control plan­ aware of it than I. When he posed to me lation, I will say to the Senator. ning. I quote from the Public Works and to the committee the proposal to Mr. WILLIAMS of Delaware. I would Committee report: include this provision in the bill, I told not suggest there is-not for the moment. The committee was pleased to receive and him I would agree to it, provided it was Mr. SCOTT. Mr. President, I am ex­ InclUde In the bill a proposal by Senator made clear to the Senate that it was here, tremely delighted that the Public Works Hugh Scott to authorize pilot programs for that no one would be taken by surprise, Committee in reporting this most vital training plant operators and technicians. that the Senate would have a full oppor­ The committee recognizes that a great deal Water Quality Improvement Act of 1969 more than a pilot program will be required tunity to consider It, and that there has seen fit to incorporate a most impor­ If Federal funds for sewage treatment plant would be no effort to try to give it a quiet tant amendment which would provide construction are to be invested Wisely, but ride through the Senate. The Senator for the training of waste treatment plant believes operating experience with a pilot from North Carolina agreed to that. operators. program would prOVide a sound base for ex­ Mr. WILLIAMS of Delaware. The rea­ I suggested this amendment, Mr. Pres­ panded legislation in the near future. son I raised the question is that there are ident, because of the magnitude of need The pilot program which I have intro­ many who are in favor of the air and and the critical shortage of trained op­ duced is the first step in insuring that water pollution bill itself, but we question erators in water pollution control plants our Nation's antipollution efforts are the wisdom of attaching a to it that throughout the Nation. I was particularly backed up by well-trained personnel. I we would oppose. I am wondering if this pleased that the distinguished Air and will study closely the operation of this is not a method of getting a free ride on Water Pollution Control Subcommittee training program, and I will be ready a bill for a measure that could not pass chairman, senator MUSKIE, and the with followup legislation to expand it on its own merits. ranking Republican member, Senator so that clean streams will become a As to the argument being made on the BOGGS, incorporated my amendment. I reality, not a wish. need for more space, there are two ways would also like to thank the distinguished Again, I thank the committee for the of approaching that problem. One is by chairman of the Public Works Commit­ favorable consideration of this amend­ the more expensive way of constructing tee, Senator RANDOLPH, and senator ment. another building. Another way, which COOPER, the , as well as Mr. MUSKIE. In response to the dis­ would be more constructive, would be to the other Senators on the Public Works tinguished Senator from Pennsylvania, I cut back on some of the overstaffed sub­ Committee. would like to express to him the appre­ committees. A Senator can hardly get in As I have stated before, it is estimated ciation of the subcommittee for his val­ and out of his office because of the num­ that Federal, State, and local govern­ uable contribution to the Water Quality ber of subcommittees. The idea that the ments will spend $8 billion by 1974 for Improvement Act. The amendment to Senate should have enough subcommit­ new and improved water pollution con­ provide for a pilot program of manpower tees so that every Member can be a chair­ trol facilities. However, no adequate pro­ training for waste treatment plant op­ man results in Members almost being run vision has been made to train personnel erators is an excellent example of how by the staffs. to run these plants once they are one program can accomplish two vital I remember when I came here 23 years constructed. objectives. ago our committees, subcommittees, and There is a critical shortage of approxi­ First, this provision recognizes that Senators, were all In one building. Since mately 23,000 trained operators in water the operation and maintenance of the that time we have had another building. pollution control plants throughout the Nation's waste treatment facilities will Now it is proposed to have a third. Let us Nation. Many of our existing waste treat­ be only as good as the competence of the face it, the Senate committees are over­ ment plants are operating well below operators. Initial findings of the General staffed. I doubt if any Senator can name their reasonable potential, thereby caus­ Accounting Office ~lave revealed that this the subcommittees even on his own com­ ing unnecessary pollution of our streams competence has not been of the level mittee, there are so many of them. and rivers. If the struggle for clean water necessary for the program's success. 1 The subcommittees are so overstaffed is to be won, we must Improve the skills hope that this pilot program, properly and overcrowded that they crowd the of existing operators and add substan­ administered, will help correct this sit­ Senate floor. Ofttimes we can hardly get tially to their numbers. uation. in the Senate because it Is so overcrowded The magnitude of the need can be Second, this program will provide val­ with staff members. seen by looking at the situation in Penn­ uable job opportunities for many of the In order to check this inflationary sylvania. Pennsylvania has 307 square disadvantaged citizens in our Nation's spiral we are proposing the repeal of the miles of inland waters. It has a total of metropolitan areas. By training the dis­ 7-percent investment credit to encourage 460 water treatment facilities and 1,142 advantaged in a field which requires private industry to cut back on plant communities with sewer systems. If each great technical expertise, this program expansion, and the President of the of these 1,142 communities and each should be a source of vital upward mo­ United States, by Executive order, has of the 460 treatment plants employed bility for many Americans in the Na­ called on State and local governments one operator-and obviously some em­ tion's workforce. and all Government agencies to roll back ploy many more-you can quickly esti­ I thank the Senator from Pennsyl­ construction of new projects by 75 per­ mate the number of operators who are vania. cent in order to relieve some of the in­ involved In one way or another with pol­ Mr. JORDAN of North Carolina. Mr. flationary pressure. I just wonder if we lution control. Many of the existing op- President, at the very outset, with re- October 8, 1969 CONGRESSIONAL RECORD- SENATE 29091 spect to title III of the bill, I want to us right now. I am sure the same thing pealing the 7 percent investment tax make it perfectly clear that this proposal is happening to every other Senator. credit, when we are suggesting to all the was passed last year and sent to the People are interested in it; they have rest of the country that this is not a House. It was not acted on, and it died problems, they write us about them, and time to construct new buildings, we ought in the House. we have to try to get the answers and to be setting the example. The argument I want to make it perfectly clear that write to them. Mr. President. it takes that we are not going to build a new the bill before us does not contemplate help to do that. building now does not impress me; if I building anything. I want to get that Thirty-eight new agencies have been know the Senate, once we bUy the land straight. I want to get it straight on the created in the last 10 years, which have there will be a building started on it in record. The Committee on Public Works generated mail, I do not know how many short order. The same argument was does not contemplate building anything. times over what it had been. On the gun made a few years ago when the Senate So that part of the colloquy which we bill, for example, my own office handled decided to get the land for the second have had so far does not belong in this more than 50,000 letters on that one office building. It was said then, "Oh, all debate whatsoever. issue. we are going to do is buy the land, and The bill proposes to buy the land ad­ It takes people to do that. Every day the building will take care of itself later." joining the New Senate OtIice Building, something new comes along which It did; the building is there. where the apartment house creates a lot of new correspondence. I Frankly, Mr. President, I do not think is and where the Schotts Court apart­ do not know how much mail the Elemen­ the Senate needs the space at this time. ment is now located. The purpose of the tary-Secondary School Act has created, I think the functioning of the Senate bill is to provide room, without bUilding but it has been substantial. There is no would be much more efficient if we trim anything. use for me to list all these 38 agencies; it down to size by eliminating many of The Capitol Hill !1partment building other Senators know them as well as I the present subcommittees. I do not see is approximately 30 feet, on C Street. do. Incidentally, a great many of those why every Member of the Senate has to from the New Senate OtIice Building. agencies have had big buildings built for be a subcommittee chairman. If that is and completely in line. The Architect of them downtown, with a hundred times the only way he can enhance his prestige the Capitol has stated. after exhaustive more room than we anticipate getting perhaps he does not deserve recognition. surveys, that a ramp could very easlly out of this old apartment building. Why not get rid of some of these sub­ and very inexpensively be built from This building and the land should committees? Then Senators would have the New Senate OtIice Building into that have been bought at the time we ac­ more time to spend on the fioor of the building. There are 58 apartments in quired the land to build the New Senate Senate and handle the Senate's business. the building. It has elevators, it has air Office Building. ~enators at that time Moreover, this proposal should not be conditionJng, and it meets the fire stand­ who were acquainted with the situation a part of the air and water pollution bill. ards of the District of Columbia. We said we should have bought it all at that If it cannot ride on its own merits it could almost immediately get possession time, because we could have gotten it should be rejected. of the building after it is acquired. and much cheaper than we can today. I em­ Mr. President, I send to the desk an move several of these subcommittees phasize, Mr. President, that we are not amendment to delete that section from that the Senator has spoken of over into contemplating building anything. But the bill, and ask that it be read. that building. we want to get this bUilding, because we The PRESIDING OFFICER. The So we are not contemplating build­ need it now. It is aneconomical way to amendment will be stated. ing anything. The Schotts Court apart­ provide space for Senators who badly The ASSISTANT LEGISLATIVE CLERK. The ments. which are there, we would con­ need the space. Senator from Delaware (Mr. WILLIAMS) template still be rented, to the same In response to my inquiry, 72 Senators proposes an amendment, as follows: renters if they want to rent them, and wrote me that they needed space, and 25 On page 80. begInning wIth iine 22. strike the Government would collect the rent. chairmen of fUll committees and sub­ out all down to and including Une 3 on The sole purpose of this provision is to committees are asking for space. I held page 83. get some more room. hearings, and they came before the com­ The language proposed to be stricken is Last year, before I authored S. 2484, mittee and testified. Some Senators now as follows: I sent out a letter to every Senator and present on the fioor testified before that to the chairman of every committee and TITLE III-PROPERTY ACQUISITION committee. SEC. 301. (a) (1) The Architect of the Capi­ every subcommittee, asking how much One Senator came to me just the other tol, under the direction of the Senate Office space, if any, they needed, because it is day and asked, "When are you going Building Commission, is hereby authorized my unpleasant duty, as the chairman to get me some more room?" to acquire on behalf of the United States, of the Senate Rules Committee, to allot I said, "Vote for this bill, and maybe in addition to the real property heretofore space. we can get it for you." acquired as a site for an additional office You cannot allot space you do not Mr. President, that is why we should building for the under have. I do not think there is a day that the provisions of the Second Deficiency Ap­ buy it now. propriations Act, 1948, approved June 25, some Senator does not come to me need­ Mr. WILLIAMS of Delaware. Mr. Pres­ 1948 (62 Stat. 1028) and Publ1c Law 85-591, ing space. I know they do need it. Right ident, the Senator says that if the space approVed August 6, 1958 (72 Stat. 495-496), now, we have one Senator who has part is not needed now it soon will be. If the by purchase, condemnation, transfer, or of his otIices in the Old Office Building Senate does as it has in the past, we otherwise, for purposes of extension of such and part of them in the New Building. would no doubt create more subcommit­ site, all publicly, or privately owned prop­ There is no place to put WIn otherwise. tees to fill the offices in short order. erty contained in lots 863, 864, 892. 893, 894. That is not very convenient. I know he and 905 in said square 725 in the District of My point is that the Senate already Columbia, and all alleys or parts of alleys is crowded. and so are the rest of us. has more subcommittees now then Sen­ and streets contained within tbe curbl1nes Mr. President, I made a little note here ators can supervise. The late Senator surrounding such square, as such square ap­ this morning, or had it made for me, to from Tennessee, Mr. Kefauver, 20 years pears on the records in the Office of the say why, in my opinion and in the opin­ ago created a committee which was to Surveyor of the District of Columbia as of ion of a great many others, it is neces­ extend for 2 years, to investigate juvenile the date of enactment of this Act. sary for Senators to have bigger staffs delinquency. (2) Any proceeding for condemnation today than they had when I came here That committee is still in existence. brought under paragraph (l) shall be con­ something over 11 years ago. I had a ducted in accordance with the Act of Decem­ The Senator has passed on, but the com­ ber 23, 1963 (16 D.C. Code, secs. 1351-1368). survey made in my own office some time mittee is still living as a monument. I (3) NotWithstanding any other provision ago, to see what had happened to the do not know of a single subcommittee of law, any real property owned by the United correspondence in my office. I found. to that once having been started, no matter States and any aIleys or parts of alleys and my amazement, that my correspondence what its function, has ever been termi­ streets contained within the curbl1nes sur­ had increased about tenfold in the last nated. Some Senator the other day sug­ rounding square 725 shall, upon request of 10 years. gested that we ought to have a subcom­ the Architect of the Capitol, made with the approval of the Senate Office Bullding Com­ This morning I have had four people mittee to determine how many subcom­ m1ssion, be transferred to the jUrisdiction come to see me-some of them I saw out mittees we have. It may be a good idea; and control of the Architect of the Capitol. here, and some of them in the office­ I am sure no one knows. and any alleys or parts of alleys or streets about the tax bID which we have before But really, at a time when we are re- contained within the curbl1nes of sa1dsquare 29092 CONGRESSIONAL RECORD - SENATE. October 8,· 1969 shall be closed and vacated by the Commis­ from Louisiana, myself, and a few other voting the Senator from New Jersey (Mr. sioner of the District of Columbia In accord­ Senators have pointed out how much it WILLIAMS) and the Senator from New ance with any request therefor made by the is costing just to staff these subcommit­ Architect of the Capitol with the approval of Mexico (Mr. MONTOYA) would each vote such Commission. tees. That debate has been carried on ·'nay." (4) Upon acquisition of any real property by some of us over a period of years, but Mr. GRIFFIN. I announce that the pursuant to this section, the Architect of the we have always been in the minority. Senator from Ohio (Mr. SAXBE) is neces­ Capltnmcntal quality must be a major about these chemicals. We need to Insist further consideratlo:l of H.R. 4148. national goal. that anyone involved In the cleanup of The PRESIDING OFFICER. Without Now that we have reached this point, an oil spill be aware of the hazards and objection. it Is so ordered. we must look ahead to our needs for fu­ crucial disadvantages of the casual ap­ Mr. MUSKIE. Mr. President. I ask ture legislation, as well as the direction plication of some types of chemicals. un~'1im~us c'Jnsfnt that the Spnate pr('l­ and speed of Government administra­ Subsection (1) of se::t:on 104 grants ceed to the consideration of H.R. 4148. tion of existing laws. The sacrifices, the 29094 CONGRESSIONAL RECORD- SENATE plans, the strategy that we are to pursue authorized by this bill to study the pol­ Tahoe Basin. Ominous signs of water to reach the goal of cleaning up this lution problems of the Great Lakes is a pollution are becoming all too evident. country's waterways must be clearly de­ good beginning, though, obviously, it, too, Not only the scenic beauty of the region fined. I submit that the bill which we are is only a beginning. But it is a step we but the very quality of its natural en­ considering today makes significant ad­ must take now in the war against pol­ vironment is now at stake. vances in providing some of these much­ lution. In southern Nevada, the Lake Mead needed and long-awaited answers. But, Mr. President, our thousands of rivers National Recreation Area is another of as encouraged as I am with this current and lakes are suffering from the grave our endangered resources. Lake Mead is effort, let me stress that it is only a be­ threat of pollution. The question is no one of the most attractive, heavily used ginning in our fight against the pollution longer whether we should abate pollu­ recreational areas in the United States. of our environment. tion; rather, the question is how much Its location near Las Vegas places it in The bill before us has numerous ad­ time remains for us to save our environ­ one of the fastest growing metropolitan vantages in preparing us to fight the ment. The bill now under consideration areas in the Nation, and this invaluable pollution battles. It lays down rules for provides a beginning to our water cleanup resource is feeling the pressures that dealing with oil spill catastrophes; it es­ effort. I commend the committee on its come with increasing population and in­ tablishes standards for marine sewage fine work and urge my colleagues to vote dustrial densities. Sewage effluent and in­ discharges from vessels; it requires Fed­ in favor of this bill. dustrial wastes from the Las Vegas Val­ eral licensees and permittees to comply Mr. BIBLE. Mr. President, I rise in ley are a contributing cause. They intro­ with water quality standards; it provides support of the bill. duce high concentrations of plant nutri­ for the identification, designation, and The Water Quality Improvement Act ents into the lake and tributary waters. cleanup of hazardous substances other and the Environmental Quality Improve­ The result has been a gradual prolifera­ than oil; and it permits extended re­ ment Act embodied in this legislation are tion of aquatic algae, which consumes search authorizations, official encourage­ vitally needed. It has been well said that the oxygen in the water and is the pre­ ment, and development of an overall of the many threats facing this Nation lUde to stagnation and the ultimate labor force trained to assist in the elimi­ and all of civilization today none is more death of irreplaceable water resources. nation of problems of operation and alarming than the deteriorating quality Fortunately, we in Nevada are only too maintenance of pollution abatement of the natural environment in which well aware of these threats to our natural equipment. we must live and work. resources. We are not satisfied with the Of equal importance, the bill creates Our Nation has reached unsurpassed progress tha.t is being made. In 1967, I the Office of Environmental Quality. The heights of technological and material offered a four-point program designed Office will be primarily concerned with progress. We have achieved a standard of to coordinate the efforts of the Federal, providing for representation of environ­ living undreamed of at the turn of the State, and local governments to combat mental interests in the numerous and century, and unmatched anywhere else the Lake Mead problem. As a result, a varied policymaking forums across this on the planet. In our search for economic local level interagency task force was country, both public and private. It is advancement and the comforts and con­ established to go into the matter in depth heartening that in the last few years venience of a good life for all our people and propose effective measures. The there has occurred a new emphasis on we have marshaled our natural resources Federal Water Pollution Control Admin­ ecology in the management of our natu­ and technological knOW-how with un­ istration has provided valuable support. ral resources. Failure in the past to give paralleled sophistication. We stand as Some-but not enough-progress has warranted attention to the interrelations the economic wonder of the world. been made. The pollution has not been between living organisms and their en­ I would not have it otherwise. But I abated, and I will not be satisfied until vironment in the development and use am concerned-and all thinking Ameri­ the deterioration of Lake Mead's wa,ter of resources has had unfortunate, often cans are concerned-over the impact our quality has ended. disastrous, consequences. The creation growth has had on our irreplaceable Regarding Lake Tahoe, both Nevada of this Office of Environmental Quality water resources, the air we breathe, our and California have taken major steps will acknowledge Congress' new pledge forests, and our grasslands. We have to bring order and good planning to the to a "national policy of enhancement of imposed too harshly on nature's bounty. development of the Tahoe Basin. Both environmental quality, a policy based on We have taken our rivers and lakes for have approved a regional planning com­ the concept that man and his environ­ granted. We have ignored or overesti­ pact that will establish ground rules for ment are interrelated and that a quality mated their limited eapacity to dilute future developmenl;---.£tandards that will environment Is necessary to the improve­ and assimHate waste. Factories and see to the protection of the public interest ment of living standards for all men." powerplants belch their smoke and the in preserving the beauty and purity of Mr. President, I would suggest that life-giving air in our cities is dangerously the lake and basin for generations of this new Office is not an attempt to skirt smog laden. Industrial wastes and raw Americans to come. the real issues but is rather an impor­ or poorly treated sewage has fouled our Early this session I introduced legisla­ tant, necessary means of filling a void, rivers, and endangered the very exist­ tion to grant Congress' consent to this and providing a voice that too long has ence of many of our major fresh water regional compact. I have pressed for ac­ gone either inadequately represented or lakes. tion, but delays have been encountered not represented at all. Lake Tahoe, which is shared by my due to the failure of the administration In addition to the establishment of the own State of Nevada and by California, until recently to submit its report to the Office of Environmental Quality, I am is without question one of America's JUdiciary Committee. This is essential very enthusiastic that this bill gives rec­ most highly-prized natural assets. It is legislation. The States are ready and ognition to some of the critical problems renowned for its scenic beauty and pris­ anxious to get on with the business of we are encountering in the Great Lakes. tine clarity and purity. protecting this unique resource. The Fed­ Nearly 30 million persons-15 percent- of This beautiful lake was able to resist eral Government's interest would be fully the Nation's inhabitants-live in the pollution when human activity began protected under the compact, and I have Great Lakes basin. These lakes supply accelerating as a result of settlement high hopes the committee's schedule will this great population in America's heart­ and early logging operations, but it is permit the measure to be reported favor­ land with water, food, transportation of no match for the demands of modern ably to the Senate very soon. raw materials, and manufactured goods, man. Mr. President, I have referred to and outdoor recreation. But the pollution Recent years have seen explosive Nevada's water pollution problems. They problems with which the citizens of this growth and development throughout the typify problems faced by virtually every region must now contend are notorious. Tahoe Basin and along the lake shore. State in the Union-problems that de­ DDT is destroying the marine life in Lake New highways and the postwar boom in mand the utmost in effort at all levels of Michigan, pollution is choking Lake Erie, tourism and outdoor recreation have government if we are to leave other than industrial wastes threaten Lake Superior, changed Lake Tahoe from a quiet sum­ a legacy of waste for the future. algae and pesticides assault Lake On.. mer resort to a year-round major recre­ I know of nothing that should be of tario, and the pollution of Lake Michigan ation area. more fundamental concern to the Con­ and the industrial wastes of Saginaw Bay Rapid population and commercial gress than the perils of pollution of our spill into Lake Huron. The $20 million growth has posed a serious threat to the environment. What we do in this area October 8, 1969 CONGRESSIONAL RECORD - SENATE 29095 we do to assure our children and grand­ New emphasis would also be placed taken steps to insure that such a com­ children the quality of life our forebears on finding more effective means of re­ mitment is made. We have enacted leg­ enjoyed, but which now stands impaired. moving oil pollution and combatting the islation to set standards, inaugurate The legislation now before the Senate acid-mine drainage that has so long im­ programs, conduct research, and estab­ is another in a line of measures enacted paired waterways in mining regions lish a good Federal-State partnership in over recent years bespeaking the Na­ throughout the country. I think the re­ a national pollution control effort. Since tion's concern. I refer to the Water Pol­ port on the bill does an excellent job of 1963, we have enacted the Clean Air Act, lution Control Act Amendments of 1963 reviewing the problems we face in each the Air Quality Act, the Water Quality and 1965, the Solid Waste Disposal Act of these areas. It goes almost without Act, and the Clean Waters Restoration of 1965, the Clean Water Restoration saying that we must bend every effort Act-to cite but a few of the major Act of 1966, and the Air Quality Act of toward overcoming these critical prob­ pieces of legislation designed to deal 1967. I have supported these and every lems. with the various aspects of this national meaningful effort to provide for the pres­ Mr. President, I also applaud the ob­ disgrace. But we have not adequately ervation, protection, and restoration of jective of title II of the present bill to funded any of the programs authorized our endangered resources. provide the President with the manage­ in this legislation. To illustrate the cur­ Title I is a further step in the right di­ ment capability needed to bring coher­ rent funding gap in this area, I ask rection. It will provide authority to es­ ence and consistency into the environ­ unanimous consent that a chart, entitled tablish Federal standards for the per­ mental activities of the Federal Govern­ "The Water Pollution Control Funding formance of marine sanitation devices ment. Certainly Federal activities and Gap," taken from the September issue to control sewage discharges from ves­ federally assisted activities have a major of Nation's Cities, be printed in the sels. Waste from watercraft has a serious impact on the environment. RECORD. impact on the water quality of our bays, Title II very properly requires that all The PRESIDING OFFICER. Without lakes, harbors, and marinas where ves­ federally supported public works proj­ objection, it is so ordered. sels are concentrated. Both Lake Tahoe ects and programs be planned and im­ (See exhibit U and Lake Mead will benefit from this. plemented in full recognition of their Mr. KENNEDY. Mr. President, our Oil pollution is a major source of con­ ecological impact. failure to provide these necessary funds cern-particularlY in light of the Santa The establishment of a full-time coun­ is a failure to respond to the demands Barbara Channel problem and the spec­ cil or office on environmental affairs to of our citizens. A recent survey con­ tacular spills from the Torrey Canyon review and analyze the administration ducted by Newsweek magazine indicated and the Ocean Eagle. The blll properly of all environmental policies, programs, that 56 percent of working Americans­ provides centralized authority to clean and activities of the Federal Govern­ taxpaying Americans--feel that we up oil spills regardless of the source, and ment is long overdue. These lJroblems should allocate more funds to rid their for recovery of costs when the cleanup cannot be handlea effectively on an ad communities of air and water pollution. is done by the Federal Government. hoc or part-time basis. They require the It is my hope that this Congress, as the Very importantly, title I of S. 7 seeks kind of independent continuous high­ last of this decade, will make a com­ to insure compliance with water quality level attention envisaged by title II of mitment of funds that will allow us to standards by Federal agencies, and by this legislation. An office of environmen­ progress toward our goal of total elim­ activities conducted under licenses and tal quality-independent of other Fed­ ination of existing pollution and con­ permits granted by the Federal Govern­ eral agencies--is needed to make avail­ trol of the causes of future pollution. ment. It requires that the Government able to the President the substantive re­ Today the Senate considers S. 7, a bill itself, and those it licenses begin to con­ view and analysis of all matters relating to amend the Federal Water Pollution sider the environmental aspects of their to the environment. Control Act. This legislation is impor­ programs as a matter of first priority. Mr. President, I commend the com­ tant and necessary. Its passage will go The blll would require preconstruction mittee for bringing forward an excellent far to indicate our congressional intent water quality planning, and seeks to bill, and urge its approval by the Senate. to maintain and expand our program to eliminate Federal participation in ac­ erase the stigma of pollution from our tivities that are at odds with our na­ Mr. HART. Mr. President, as we pre­ national and coastal waters. tional water quality programs. pare to vote I wish to applaud the inclu­ S. 7 is based, in large part, on similar I think this aspect of the bill is long sion in this bill of the Great Lakes dem­ legislation considered by the Congress overdue. We can hardly tolerate Federal onstration section, section 15, which au­ last year-8. 3206. I share in the disap­ oversight of water quality standards we thorizes $20 mlllion for a concentrated pointment that S. 3206 was part of that have urged on the States, cities, and attack on pollution in the Great Lakes. session's unfinished business. But I communities all across the Nation. This is an absolutely critical item for commend the committee, Its distin­ The bill also provides for the identifi­ our region, and indeed for the health guished chairman, Mr. RANDOLPH. and cation, designation, and cleanup of dis­ and well-being of the whole country. For the subcommittee and its honored chair­ charges of hazardous substances other the sake of this section alone, S. 7 is de­ man, Mr. MUSKIE, for not allowing its than oil that foul and pollute our water serving of our favorable action. measures to remain as unfinished busi­ resources. Mr. KENNEDY. Mr. President, one of ness. The bill they have reported to the I particularly applaud the blll's spe­ the hard lessons of this decade has been Senate today is both comprehensive and cial attention to the problems confront­ the realization that the unchecked ap­ farsighted. ing our fresh-water lakes. As the com­ plication of technology has resulted in It embodies the significant proposals mittee has pointed out in its report, at the gradual and continuing destruction of S. 3206 and introduces new language the present time there is no research of our natural resources. And, although to deal with a problem of major na­ facility anywhere exclusively devoted to the Congress and the Nation have gone tional concern. The problem, brought to basic and applied research in the causes on record time and again as opposed to light this year at an all too alarming and cures of lake pollution. Individual further despoilation of our environment, rate, Is the increased Incidence and the research is being conducted on various it continues today. For we continue to continual treat of accidental oil spills in facets of the problem, but we lack a con­ allow the pollution of our air and water our coastal waters. centrated, coordinated attack. resources at a rate not significantly less It is this section of S. 7, Mr. Presi­ Such an all-out campaign to overcome than that tolerated 5 or 10 years ago. dent, section 12, on which I would like and put a stop to the degradation of our The only hope we have for the resto­ to comment. In recent years, and at an lake resources--in Nevada, in the Great ration of the resources we have denied increased rate this past year, accidental Lakes, and throughout the Nation-is to future generations of Americans is a oil spills have brought untold damage sorely needed. true commitment to that restoration­ to our coastal waters and beaches and Lake eutrophication research-so im­ a commitment of action, not of rhetoric; to the biological, marine, and birdlife portant if we are to overcome the prob­ of funds, not of promises. We must which inhabit these areas. Considerable lems facing the Great Lakes and others launch an attack on every front--on air and sometimes irreparable damage has such as Lake Mead and Lake Tahoe pollution; on water pollution; on soUd also been done to the ecological balance would be pressed forward. I cannot over­ waste disposal; and on thermal pollu­ of these waters. Only last month, in my stress the importance of this kind of tion. And we must do it now. own State of Massachusetts, another po­ work. Since 1960, we in the Congress have tentially tragic oil spill occurred. Dam- 29096 Cc>NGRESSIONAL RECORD - v.La,.n. J,.a.:. ages are still being investigated, but there ings, section 12 was drafted to incor­ cialresponsibility. Although this measure is no question that they will be the most porate many of these measures. is not as broad as one I intended to in­ substantial inflicted to date in this area This section, and other sections of S. 7. troduce, it is my determination that it in terms of marine life. At the time of specifically direct the President to dele­ is adequate and will be effective. this most recent spill, I took the floor of gate responsibility for the administration Liability standards as outlined in sec­ the Senate to indicate my distress and of the provisions of this and all sections tion 12 also satisfy my intention. Under to suggest possible measures and amend­ to the Federal agencies which have juris­ the terms of this section, the burden of ments to existing legislation to establish diction over the areas and waters in­ proof is placed directly on the vessel op­ national policy and Federal responsi­ volved. I would like to suggest, however, erator to prove absence of negligence on bility in such matters. At that time, I that the President direct these agencies his part. most strongly urged further develop­ to establish from among their personnel Section 104 of S. 7 amends section 5 ment of an interagency contingency a board of advisers who are both techni­ of the Federal Water Pollution Control plan; the requirement of a bonding cal and logistical experts in such matters Act to authorize the Secretary of the In­ mechanism for all vessels engaged in the to be ready to fly to the scene of a ma­ terior to broaden the research program ocean transport of oil cargoes; a liability jor spill as soon as possible after notifl­ authorized by the act to include the con­ requirement which would place the bur­ cation of occurrence. The Civil Aero­ duct of research into the removal of oil den of proof of absence of negligence on nautics Board employs such a team to from our waters. It is my feeling that di­ the vessel owner or operator; and, finally, fly to the site of aircraft disasters to de­ rectives to the Secretary in this matter the development of a comprehensive termine cause and to aid in the removal should be more specific. He should be di­ research effort in the use of chemicals of debris from the site. This is a good rected to conduct specific research on the and other technology in spill cleanup program and one which I feel easily evi­ use of dispersants, floating absorbents, efforts dences its transferability to oil spill dis­ gelling agents, and other chemicals. He The work of the committee is again asters. should also be directed to establish stand­ worthy of commendation in this regard. Section 12 requires that owners of ves­ ards for such chemicals. Therefore, I will The comprehensive report on S. 7 indi­ sels en aged in th~ transport of oil es­ introduce an amendment to strengthen cates that, as a result of extensive hear- tablish and maintain evidence of finan- the research authorization of S. 7.

EXHIBIT I W~TER P)LLUTION CONTROL FUNDING G.~P--AUTHORllATIONS VERSUS ALLOCATIONS UNDER THE 1966 CLEAN WATERS RESTORATION ACT II n millions)

1968 1969 1970 1968-70 funding gap total I Total dollars Total dollars Total dollar Percent not Stat~s Authorized Allocated Authorized Allocaled Authorized Allocaled authcrized allocated tap funded

TotaL .. _ $450.0 $203.0 $7J0.0 $214.0 $1. 000. 0 $214.0 $2.150.0 $631. 0 $1,519.0 70.7 ---_._---~_ .. _~------Alabam"-______8.4 4.1 12.9 4.1 18.3 4.1 39.6 12.3 27.3 68.9 Alaska______1.2 .9 1.5 .9 1.9 .9 4.6 2.7 1.9 41. 3 Arizona______3.8 2.0 5.6 2.1 7.8 2. I 17.2 6.2 11.0 64.0 Arkansas______5.2 2.9 7.6 2.8 10.6 2.8 23.4 8.5 14.9 63.7 California • .. .. 35.3 14.6 56.9 14.9 82.8 14.9 175.0 44.4 130.6 74.6 Colorado .. .. 4.7 2.4 7.1 2.4 10.0 2.4 21.8 7.2 14.6 67.0 Connecficu!. .. .. 6.2 2.9 9.7 2.9 13.9 2.9 29.8 8.7 21. I 70.8 Delaware .. __ 1.6 1.1 2.3 1.1 3.0 1.1 6.9 3.3 3.6 52.2 DistricfofColumbia______2.3 1.3 3.3 1.3 4.6 1.3 10.2 3.9 6.3 61. 8 Florida ...... __ .. .. __ 11.8 5.3 18.6 5.4 26.8 5.4 57.2 16.1 41.1 71. 9 ~~';.;:I:.-.~~:-:~::::::::::::::::::::: 1~:5 21.6 4.6 46.5 13.8 32.7 70.3 U n n 4.1 1.4 9.3 4.1 5.2 55.9 Idaho ._.______2.5 '.5 3.4 1.6 4.5 1.6 10.4 3.7 6.7 64.4 Illinois 22.9 9.6 36.7 9.8 53.4 9.8 113.0 29.2 83.8 74.2 Indiana .. 11.1 4.9 17.5 5.0 25.2 5.0 53.8 14.9 38.9 72.3 lowa .______6.9 3.3 10.7 3.3 15.3 3.3 32.9 9.9 23.0 69.9 Kansas .. 5.7 2.8 8.6 2.8.. 12.2 2.8 26.5 8.4 18.1 68.3 Kentucky .. 7.8 3.7 12.0 3.8 17.0 3.8 36.8 11.3 25.5 69.3 Louisiana .. ______8.3 4.0 12.7 4.0 18.1 4.0 39. I 12.0 27.1 69.3 Main"-- .. ._ ___ 3. I I. 9 4.5 I. 9 6.1 1.9 13.7 5.7 8.0 58.4 Maryland. .. .. 7.5 3.5 11.8 3.6 17.0 3.6 36.3 10.7 25.6 70.5 Massachusetts . .. 12.0 5.3 19.1 5.4 27.6 5.4 58.7 16.1 42.6 72.6 Michigan______18.0 7.7 28.7 7.8 41.6 7.8 88.3 23.3 65.0 73.6 Minnesota • __ ._ .. .. __ _ 8.4 3.9 13.1 3.9 18.7 3.9 40.2 11.7 28.5 70.9 Mississippi .. _ 6.2 3.4 9.2 3.4 12.8 3.4 28.2 10.2 18.0 63.8 Mlssourl .. .. _ 10.3 4.7 16.3 4.8 23.4 4.8 50.0 14.3 35.7 71.4 Montana .. __ .. .. 2.4 '.7 3.3 1.5 4.5 1.5 10.2 3.7 6.5 63.7 Nebraska ...... 4.0 2.2 5.9 2.1 8.2 2.1 18.1 6.4 11.7 64.6 Nevada ._ .... __ 1.2 .9 1.7 .9 2.2 1.0 5. I 2.8 2.3 45.1 New Iiampshire______2.2 1.4 3.0 1.4 4.0 1.4 9.2 4.2 5.0 54.3 NewJersey ._____ 14.0 6.1 22.4 6.2 32.4 6.2 68.8 18.5 50.3 73.1 New Mexico______3.1 2.7 4.4 1.9 6.0 2.1 13.5 4.7 8.8 65.2 NewYork .. .. 37.6 15.5 60.7 15.8 88.4 15.8 186.7 47.1 139.6 74.8 NorthCarolina .. 11.1 .52 17.4 5.2 24.9 5.1 53.4 15.5 37.9 71.0 North Dakola_____ 2.3 2.3 3.3 1.6 4.3 1.6 9.9 3.5 6.4 64.6 Ohio_ .. 22.1 9.4 35.5 9.6 51. 5 9.6 109.1 28.6 80.5 73.8 Oklahoma .. 6.1 3.1 9.3 3.1 13.2 3.1 28.6 9.3 19.3 67.5 10.1 2.4 21. 9 7.2 14.7 67.1 ~~~~~~ivani.___~ __ ::::_:::::::::::::: 2U 15:~ 4U 1~:~ 60.0 11.0 127.0 32.8 94.2 74.2 Rhodelsland .. 2.7 1.6 3.9 1.6 5.3 1.6 11.9 4.8 7.1 59.7 SouthCarolina .. • __ .______6.5 3.4 9.7 3.4 13.7 3.3 29.9 10.1 19.8 66.2 South Oakota .. •_.... ______2. 5 2 • 3 3. 5 1. 7 4.6 1.8 10.6 3.8 6.8 64.2 Tennessee .. 9.0 4.3 13.9 4.3 19.8 4.3 42.7 12.9 29.8 69.8 Texas. .. 22.0 9.4 35.2 9.6 51. 0 9.6 108.2 28.6 79.6 73.6 Utah ...... •• .. _ 2.9 2.7 4.1 1.8 5.6 1.8 12.6 4.3 8.3 65.9 Vermon!. • ______I. 8 I. 4 2. 4 I. 3 3.0 1.3 7.2 4.0 3.2 44.4 Virginia .. .. .______9.7 4.5 15.1 4.5 21.7 4.5 46.5 13.5 33.0 71.0 ~:~~~~~~ia 15.7 3.3 33.7 9.9 23.8 70.6 __ :::::::::::::::::::::: U n 1U U 10.8 2.8 23.8 8.3 15.5 65. I Wisconsin ...... 9.5 4.4 15.0 4.4 21. 5 4.4 46.0 13.2 32.8 71. 3 Wyoming ... 1.5 2.005 2.1 1.2 2.6 1.2 6.2 2.4 3.8 61. 3 Guam .. 1.6 2.8 1.6 1.5 1.7 1.4 4.9 3.7 1.2 24.5 Puerfo R;co __ .. ______6.6 3.5 9.8 3.5 13.7 3.5 30.1 10.5 19.6 65.1 Virg--,Islands______.... 1.5 1.5 1.5 1.4 1.6 1.4 4.6 4.3 .3 6.5

11970 appropriations still pendin.. Sburce. Federal Water Pollution Control Administration. 'Actual amounts used by l'1e,. 8 3lat., although they were entilled to use more. Unused amount totaling $8,300,000 frcll l',ese 8 reallocated ta other States. October 8, 1969 CONGRESSIONAL RECORD- SENATE 29097 Mr. YARBOROUGH. Mr. President, tremendous number of offshore oil oper­ and operation of research facilities for the United States is probably the most ations and heavy ship traffic that is these purposes. The outcome of such re­ affluent Nation in history. Our citizens found along the gulf coast. For example, search should give us a greater under­ enjoy a higher standard of living than if a large quantity of oil was discharged standing about the effects of treated any other country in the world. Our into the waters of the Houston Ship sewage, fertilizers, pesticides, siltation technology is increasing at a fantastic Channel, not only would the waters and and other substances which ultimately rate. We, take for granted today things beaches around Houston and Galveston drain into our fresh water community which our forefathers would have found be polluted but also the intercoastal lakes. unbelievable. Man has walked on the canals thus causing heavy damage to the Now that we have taken this basic and moon. And this is only the beginning. large rice crop that is produced in this long-needed first step, I will shortly in­ However, while man has been marvel­ area. In light of the danger to the people troduce legislation to authorize the next ing at hisaccomplishments, he has been of the coastal areas and their property, step. The National Clean Lakes Act of blind to the qUiet, insidious decay of his it is only right that the expense of clean­ 1969 would provide grants for operational environment. Many of us live in environ­ ing up oil spills be charged to the own­ programs to counter and eliminate pol­ ments dominated by polluted air, filthy ers and operators of vessels transporting lution of fresh water community lakes. water, ugliness, and noise, and are al­ oil and oil product~ and the offshore and Mr. President, our lakes are so much a most completely unaware of the subtle onshore facilities that discharge this part of our life in Minnesota and across changes which have worsened our situa­ dangerous oil. this country. Yet there are thousands of tion over the years. A person may not Mr. President, just this week I offered lakes in this country which are decaying realize what has happened until a cer­ the 156 to establish an and in danger of becoming extinct be­ tain threshold is reached and his eyes interagency commission for planning cause of pollution and siltation. My State water, his water stinks, his plants die, this country's participation in the 1972 of Minnesota is known as "The Land of and the paint peels from his house. United Nations Conference on the Hu­ 10,000 Lakes." We do not want to sub­ Mr. President, we have reached this man Environment. In offering that legis­ tract from this slogan. threshold. We must act decisively now if lation, I pointed out that pollution is a Like Minnesota's other natural re­ we are to stop this deadly degradation problem of worldwidejimensions and sources, lakes are not impervious to man's of our environment. We must begin now there is no doubt that this is true. Since, vandalism and natural decay. Through­ to analyze the full cause-and-effect link­ according to Dr. Edward D. Goldberg of out Minnesota and the Nation, lakes are age of all of our actions, not just the Scripps Institute of Oceanography, La SUffering from the pollution epidemic­ immediate results of a few. We can no Jolla, Calif., the United States is "respon­ they are smothering to death in organic longer afford to have our environment sible for around one-half to one-third of waste and untreated posions. contaminated by persistent pesticides. many of the cQ'ntaminates introduced Now, building on the vehicle provided We can no longer tolerate the pollution into the atmosphere or ocean," this Na­ by the Senate today- and the legislation of our air and water by the refuse of our tion is obligated to take the lead in deal­ I will introduce-I am convinced we can affluent society. , ing with the pollution of our environ­ expand the life cycle of many of this S. 7, of which I am a cosponsor, is a ment. Nation's tens of thousands of lakes. positive step toward the preservation of The United States must undertake a Thoreau wrote: the quality of out environment. As re­ crash program to deal with pollution Nothing so fair, so pure ... as a lake, ported by the' Committee on Public within our boundaries and along our perchance. !les on the surface of the earth Works, this bill would among other shores. This bill will constitute a great ... Nat'lons come and go Without defil­ things: control the discharge of sewage step forward in such a program. Ing It ... It Is a mirror ... whose glld­ from vessels into the navigable waters By adoption of this bill we can set an Ing Nature continually repairs ... which of the United States; provide for the con­ example for the rest of the nations of retains no breath that Is breathed on It. trol and cleanup of oil discharges into the world to follow and demonstrate that I am afraid that there is more poetry inland waters of the United States, of we are willing to embark upon an all­ than truth in those beautiful words. the territorial seas, and of the 9-mHe out attack upon the problem of pollu­ Nations have defiled their lakes. The re­ zone contiguous to the territorial sea; tion before it is too late. storative powers of nature do not work provide for the identification, control and We cannot afford to underestimate the on the still waters of a lake to the same cleanup of hazardous substances other gravity of the problem, for as David M. effect that they work on the flowing than oil; authorize a demonstration pro­ Gates, director of the Missouri Botani­ waters of a stream. gram on areawide control of acid and cal Gardens and an expert ecologist, in other mine water pollution resulting from Our fast-flowing rivers are equipped an article placed in the CONGRESSIONAL with unbelievably recuperative powers. active or abandoned mines; authorize a RECORD this week by Senator TYDINGS, demonstration program to eliminate or This built-in natural recovery process warns us, our continuing assault on the has enabled many of our rivers to take control pollution within the watersheds natural environment "could produce an of the Great Lakes; require Federal the worst that man has been able to earth populated by 'half-starved, de­ throw at them in the way of pollution agencies to insure compliance with ap­ pressed billions gasping in air depleted plicable water quality standards in the punishment. Rivers have a faculty of of oxygen and laden with pollutants, rolling with the pollution punch that administration of their property, facil­ thirsting for thickened, blighted water.' " ity, or activity; provide for the training the more placid lake waters lack. At one This is the reason why, Mr. President, and the same time-if we are to save of personnel to operate and maintain ex­ I am proud to be a cosponsor of this bill isting and future water treatment works; our lakes-we must develop ways of keep­ and establish in the Executive Office of and why I urge, with all the candor at ing pollutants out of lakes; remove, in­ my command, my colleagues to support sofar as possible, those pollutants al­ the President an Office of Environmental this legislation. Quality and provide for the establish­ ready in our lakes; and, finally, to neu­ ment of an advisory committee having Mr. MONDALE. Mr. President, water tralize the effects of those pollutants a broad range of concern including pop­ is a precious commodity. which cannot otherwise be eliminated. ulation growth, environmental quality, The U.S. Senate has again, today, rec­ When the natural aging process of a and planning for the future. ognized the need to preserve and protect lake is speeded up, we find a condition Of particular significance to States our existing supply of water by passage called accelerated eutrophication. The such as Texas that border on the sea, of S. 7, legislation which contains the scientist may define it as "the state of are the provisions in title I of S. 7 which Water Quality Improvement Act of 1969 a body of water resulting from inten­ provide centralized authority to clean up and the Environmental Quality Improve­ tional or unintentional, natural or man­ oil spills. The recent disastrous oil spill ment Act. made modifications to the aquatic en­ off the coast of Califorina at Santa Bar­ I am doubly pleased by today's action vironment to the extent that the ecologi­ bara has taught us a tragic lesson in since S. 7 contains the Clean Lakes pro­ cal system supports an imbalance in the what can happen to people and property vision first introduced by myself and biological production and creates a nuis­ when large quantities of oil are dis­ Senator Burdick in 1966. This provision ance or interference with a water use." charged into our coastal waters. Oil will allow basic research into the cause, The layman may not be concerned with spills,such as that one, pose an extreme­ cure, and prevention of lake pollution. It definitions, but he knows that a polluted ly grave threat t9"Texas because of the will provide funds for the construction lake is ugly to look at, unfit to swim 29098 CONGRESSIONAL RECORD- SENATE October 8, 1969 in, unpleasant to boat on, devoid of prize palities and by businesses and industries ject of pollution, both air and water. I sport fish. His livelihood may suffer from contributing to pollution and having a regard the increasing pollution of our lost property values, deserted resorts, stake in the cleansing of the lakes. This environment as one of the paramount reduced value of the commercial fish­ funding should be at a rate of 90 percent problems facing our Nation and, indeed, ery, and impeded navigation. The pub­ for those projects which are purely of the world community of nations. lic water supply of his community may a demonstration nature, and 75-percent S. 7, when its provisions are fully be impaired. The citizen has a large Federal funds for the more operational implemented, will constitute a giant step stake in clean lake waters. grants where the success of the facility forward in the water pollution fight. It We do not fully understand eutrophi­ is more certain. should be a particularly effective deter­ cation. We do know that manmade The National Clean Lakes Act will be rent against the despoliation of our wastes contain nitrates, phosphates, and tied directly to total land management lakes, rivers, bays and, significantly too, other nutrients which stimulate biologi­ plans for individual States and areas. in my State, California, our magnificent cal production and promote the prema­ The states will be given a leading role coastlines. ture aging of a lake. The algal bloom in the establishment and enforcement of No piece of legislation can be a com­ is a sign of advancing eutrophication. standards. plete defense against the type of Profusion of algae and other vegetation Mr. President, it is my hope that with catastrophe that ravaged Santa Barbara and siltation make the lake waters more the perfection of the tools and technol­ beaches earlier this year, or that shallow and hasten the process. When ogy of restoring fresh water community ravaged the beaches of Southern Eng­ sunlight penetrates the shallow waters, lakes, our municipalities all across the land as a result of the Torrey Canyon vegetation climbs to their surface and Nation will be encouraged to begin the grounding several years ago. However, chokes the lake. The vegetation decays, task of cleaning their lakes and to take the provisions of S. 7, insure 'that im­ disagreeable odors result, and fish often immediate steps to prevent further mediate cleanup operations can be com­ die from the loss of oxygen. Industrial pollution. menced and ultimate financial liability wastes, municipal wastes, individual T:lere is no lack of interest in such fixed. waste disposal systems, agricultural run­ projects in the states. Rather, there is In this regard the bill before the Sen­ off, and siltation from soil erosion all frustration at the enormous size of the ate contains the provisions I urged in contribute to the influx of manmade pol­ job and the realization that, without testimony before the House Committee lution into the Nation's lakes. Federal assistance, most such projects on Public Works on February 13. 1969. The impairment of water quality of are impossible. Isaid: our lakes is a problem complex in its The Minnesota Department of Con­ Present water pollution control legislation ca,uses, widespread in scope, and difficult servation estimates that dredging and deallng with the splllage of all ... Is clear­ in solution. We do not have the final cleaning a lake costs a minimum of 25 ly Inadequate. Financial responslblllty must answers to these problems. We may to 50 cents a yard. To deepen an acre of be placed on the owners and operators of never-but a nation which can reach the water by only 1 foot costs about $4,000. both ships and shore faclllties. Present law moon in a decade certainly should be In Minnesota, there are 17 lakes that are llmlts llablllty to dischargers who are able to-come up with practical solu­ 'grossly negllgent or wlllful.' I supported over 10,000 acres in size. To deepen one legislation which passed the Senate estab­ tions to some if not all of the problems of these lakes by 5 feet would cost about llshlng the responslblllty of the party to of aging lakes. $4 million. It is obvious that such an ex­ either clean up or authorize the government But we are confident that through an pense cannot possibly to borne by a lake to do It and later recover the costs from expanded research, development, and community, and even for a major metro­ the party responsible. demonstration effort, we will be able to politan area, the cost is virtually prohibi­ Thus. S. 7 contains provisions declar­ do a far better job than we now are doing tive. to control the eutrophication process in Thus, in the National Clean Lakes Act ing the discharge of oil to be unlawful; fresh water community lakes. of 1969 which I will introduce, I am pro­ authorizes the establishment of regula­ Mr. President, there are a number of posing that lakes be given treatment tions relative to discharge and removal reasons for proceeding now with full comparable to other bodies of water in of oil; establishes penalties for violation scale demonstration and operational pro­ the protection against pollution. of these regulations; provides authority grams even though we are just begin­ I urge my colleagues to join with me for the operator to immediately remove ning research and development pro­ any oil discharge or spill or in the event in support of this bill 1;.0 rejuvenate and he either re.fuses to clean up or does not grams. These reasons include: a substan­ beautify our lakes. tial knowledge base upon which to act; Mr. MUSKIE. Mr. President, Senator adequately clean up the discharge, the the need for action programs to inter­ MONDALE is to be congratulated for his Government may remove the oil to pre­ act with development programs; and the excellent contribution to the work of vent damage and decrease the cost; es­ demand to immediately counterbalance Subcommittee on Air and Water Pollu­ tablishes liability on vessel owners of $125 periods of seemingly irreversible pollu­ tion. The Senator has provided signifi­ per gross ton of his vessel or $14 million tion where eutrophication is taking place. cant leadership in providing legislative whichever is lesser for such spills and Briefiy, the National Clean Lakes Act recommendations to deal with the diffi­ requires evidence of the ability of vessel of 1969 would provide funds for a variety cult problem of lake eutrophication. owners and operators to cover up to $100 of programs including dredging and As the Senator has so eloquently per gross ton of liability in the event of cleansing already polluted lakes includ­ pointed out, many of the Nation's lakes discharge; and establishes a $50 million ing disposal costs, removal of effluents are dying at an accelerated rate. We must revolving fund for operation of the en­ and nutrients from sewage treatment retard this process. tire cleanup program. plants, and soil conservation programs We will not be successful in this effort In addition, I have long felt the need to retard the drainage of siltation, unless we can develop the necessary tech­ for contingency plans in the event of a nutrients, and other pollutants. nical capacity to halt lake pollution. And disaster such as the Santa Barbara in­ The measure will seek authorizations we will not be successful unless we make cident and as stated in my testimony be­ over a 3-year period; $200 million for the a meaningful national commitment now. fore the House Committee on Public first year, doubling to $400 million in the The Senator from Minnesota has led Works: second, and increasing to $500 mlllion this effort and on behalf of the members The Santa Barbara Incident has under­ for the third. of the committee, I want to express our scored once again the need to accelerate a This funding will permit the Interior appreciation. I look forward to reviewing research development and testing program to Department to finance feasibility studies, the additional proposals which the Sena­ Increase and Improve our capabilities for pre­ preliminary research, full-scale demon­ tor intends to offer. venting, controlling, and cleaning up of 011 strations, and operating facilities. It Mr. MURPHY. Mr. President, as a co­ spllls and other hazardous substances. I rec­ of S. 7, I rise in support of the ommend an amendment to the research sec­ would also provide assistance to resort tion of the Federal Water Pollution Control owners, farmers, and construction work­ measure. Last year, as a member of the Act to authorize an additional $5 ml11lon for ers to permit various programs to halt Subcommittee on Air and Water Pollu­ the acceleration of research on marine pol­ siltation and the passing of nutrients tion, I supported a simllar measure that lution problems, such as that posed by oil into fresh water community lakes. passed the Senate. Although no longer splllages. This was one of the recommenda­ Moneys shall be on a matching provi­ a member of that subcommittee, I have tions of the Commission on Marine Science. sion with funds put up by State municl- continued my great interest In the sub- Engineering, and Resources, the Commission October 8, 1969 CONGRESSIONAL RECORD - SENATE 29099 which earlier this year issued a report chart­ mence forthwith to develop and test ap­ SELL), and the Senator from New Jersey ing the future direction of the nation's ocean propriate marine sanitary devices for use (Mr. WILLIAMS) would each vote "yea." exploration efforts. I urge that contingency plans be developed in the San Francisco Bay. Mr. GRIFFIN. I announce that the at the local, state and regional levels to pro­ Mr. President, since coming to the Con­ Senator from Ohio (Mr. SAXBE) is nec­ vide for a quick response to 011 spllls and gress I have supported every single piece essarily absent. simllar disasters. I understand that no such of legislation that has advanced our Na­ The Senator from Utah (Mr. BEN­ plans presently exist today. This is a serious tion's battle against air and water pol­ NETT) and the Senator from New York deficiency in our pollution control arsenal lution. Some years ago a great American, (Mr. GOODELL) are detained on official and should be remedied immediately. In my Teddy Roosevelt, saw what we were doing business. jUdgment, such contingent plans should be to our natural resources and led a move­ If an integral part of the state and federal water present and voting, the Senator pollution control programs. ment to stop the senseless destruction. from Utah (Mr. BENNETT), the Senator Today our environment and natural re­ from New York (Mr. GOODELL), and the Under S. 7, the President has broad sources are again being threatened by Senator from Ohio (Mr. SAXBE) would authority to issue regulations for pre­ pollution. I sincerely believe that one of each vote "yea." venting oil discharges and for developing the most serious if not the most serious' The result was announced-yeas 86, and coordination between the various problem facing our Nation is this ques­ nays 0, as follows: levels· of Government oil removal con­ tion of pollution. I am happy that we are [No. 117 Leg.] tingency plans. taking this most significant and positive YEAS-S6 I long have been concerned about the approach toward its control. However, Aiken Fong Muskle increasing level of pollution in the San the citizens of our Nation must become Allen Fulbright Neison Francisco Bay-Delta area. Since the Navy aware and must make the commitment Allott Goldwater Packwood once again if we are to save America, the Anderson Gore Pastore is the chief polluter of the bay, I re­ Baker Griffin Pearson cently urged the Secretary of the Navy beautiful. Bayh Gurney Pell to stop this polluting. As a member of Mr. MUSKIE. Mr. President, I would Bellmon Hansen Percy like to express my personal appreciation Bible Hart Prouty the Senate Armed Services Committee, I Boggs Hatfield Proxmlre intend to do whatever I can to see that and that of the members of the Com­ Brooke Holland Randolph this pollution is stopped and to make mittee on Public Works to the staff of Burdick Hollings Rlbicoff certain that the Federal Government the committee and the Members who Byrd, Va. Hruska Schweiker Byrd, W. Va. Hughes Scott cleans up rather than pollutes. I ask have worked on this legislation. The con­ Cannon Jackson Smith, Maine unanimous consent that a copy of the tinual cooperation of majority and mi­ Case Javits Smith, Ill. telegram I sent to the Secretary of the nority committee staff and effective con­ Church Jordan. N.C. Sparkman Cook Jordan, Idaho Spong Navy be printed at this point in the sultation withtbe staffs of members of Cooper Kennedy Stennis RECORD. the committee has expedited the Senate Cotton Mansfield Stevens There being no objection, the telegram consideration of the comprehensive en­ Cranston Mathias Symington Curtis Mccarthy Talmadge was ordered to be printed in the REC­ vironmental quality legislation. Dodd McClellan Thurmond ORD, as follows: Specifically, Mr. President, I would Dole McGee Tower When I was in San Francisco with Secre­ like to acknowledge the efforts of Mr. Dominick McIntyre Tydings Richard Royce, chief clerk and staff di­ Eagleton Metcalf Wllliams, Del. tary of the Interior Hickel recently, it was Eastland Mlller Yarborough reported that a principal part of the pollU­ rector of the committee; Mr. Bailey Ellender Mondale Young. N. Dak. tion in the San Francisco Bay was caused by Guard, minority clerk; Mr. Barry Ervin Mundt Young, Ohio Navy ships and installations. As one who Meyer and Mr. Tom Jorling for his ma­ Fannin Murphy believes that the Federal Government should jority and minority counsel; Mr. Leon NAYS-O set an example for the nation in our battle against pOllution, both air and water, I re­ B1llings, Mr. Richard Grundy, and Miss NOT VOTING--14 quest the Navy to stop this pollution of the Adrien Waller, professional staff mem­ Bennett Inouye Moss Bay. As a member of the Senate Armed Serv­ bel's; Mr. Donald Nicoll and Mr. Eliot Goodell Long Russell ices Committee and a former member of Cutler of my staff, and Mr. Hal Brayman Gravel Magnuson Saxbe Harris McGovern Wllliams. N.J. the Senate Public Works Subcommittee on of Senator BOGGS' staff. Hartke Montoya All' and Water Pollution, I stand ready to The PRESIDING OFFICER. The bill urge the Armed Services Committee and the having been read the third time, the So the bill (H.R. 4148) was passed. Congress to help the Department of the question is, Shall it pass? On this ques­ The title was amended, so as to read: Navy in its efforts to stop this pollution. tion the yeas and nays have been or­ A bill to amend the Federal Water Pol­ Mr. MURPHY. In testimony prepared dered, and the clerk will call the roll. lution Control Act, to establish an Office for the House Subcommittee on Con­ The b1ll clerk called the 1'011. of Environmental Quality, to provide for servation and Natural Resources, the Mr. KENNEDY. I announce that the certain property acquisition, and for Federal Water Pollution Control Admin­ Senator from Oklahoma (Mr. HARRIS), other purposes. istration, in its report, stated: the Senator from Indiana (Mr. HARTKE), Mr. MUSKIE. Mr. President, I move to reconsider the vote by which the bUl It is estimated that 250 million gallons of the Senator from Hawaii (Mr. INOUYE), shipboard and sanitary sewage are discharged the Senator from Louisiana (Mr. LONG), was passed. into the San Francisco Bay-Delta area each the senator from South Dakota (Mr. Mr. SCOTT. I move to lay that motion year from vessels using the twelve deep water MCGOVERN), the Senatvr from New Mex­ on the table. ports, numerous port and docking faclllties, ico (Mr. MONTOYA), the Senator from The motion to lay on the table was and 250 small craft harbors. It has also been agreed to. estimated that the 60 assigned m1l1tary ves­ Utah (Mr. Moss) , and the Senator from sels operating in the Bay-Delta waters con­ Georgia (Mr. RUSSELL) are necessarily Mr. MUSKIE. Mr. President, I ask tribute approximately ninety per cent of the absent. unanimous consent that S. 7 be indef­ annual wastes discharged from all vessels. I further announce that the Senator initely postponed. Other vessels operating in these waters in­ from Alaska (Mr. GRAVEL), the Senator The PRESIDING OFFICER. Without clude 96,000 small craft, SOO fishing vessels, from Washington (Mr. MAGNUSON), and objection, it is so ordered. and 5,000 commercial vessels entering the Senator from New Jersey (Mr. WIL­ Mr. MUSKIE. Mr. President, I ask through the Golden Gate each year. LIAMS) are absent on official business. unanimous consent that the Secretary When the provisions of S. 7 concern­ I further announce that, if present of the Senate be authorized to make ing shipboard discharge of sewage be­ and voting, the Senator from Alaska technical and clerical corrections in the come effective, Federal standards will be (Mr. GRAVEL), the Senator from Okla­ Senate amendment to H.R. 4148, and established for marine sanitation de­ homa (Mr. HARRIS), the Senator from that the bill be printed as passed by the vices and the means by which sewage Indiana (Mr. HARTKE), the Senator from Senate. may be discharged from vessels. These Hawaii (Mr. INOUYE), the Senator from The PRESIDING OFFICER. Without regulations are applicable to military as Louisiana (Mr. LONG), the Senator from objection, it is so ordered. well as private vessels unless there are Washington (Mr. MAGNUSON), the Sen­ Mr. MUSKIE. I move that the Senate clear overriding defense considerations. ator from South Dakota (Mr. McGov­ insist on its amendment and ask for a I urge the Secretary of the Navy not ERN), the senator from New Mexico (Mr. conference with the House of Repre­ to wait until the provisions of this sec­ MONTOYA), the Senator from Utah (Mr. sentatives on the disagreeing votes of the tion are applicable but that he com- Moss). the Senator Georgia (Mr. Rus- two Houses thereon, and that the Chair 29100 CQNGRESSIONAL RECORD-·.·SENATE Ucl~ob~w 8, 1969 be authorized to appoint the conferees on [From the Washington (D.C.) Post, Oct. 8, of such Vital concern' to the country, Con­ the part of the Senate. 1969) gress simply cannot a1ford to put itself into The motion was agreed to; and the $1 BILLION FOR CLEAN WATER the position of withdrawing from an obllga­ tion it has assumed and sought to impose Presiding Officer appointed Mr. MUSKIE, A major test of whether this country is on the states and cities. Mr. RANDOLPH, Mr. BAYH, Mr. MONTOYA, sincere in trying to clean up its polluted rivers and lakes wlll come in the House of Mr. BOGGs, Mr. COOPER, and Mr. BAKER IFrom the Evening Star, Oct. 7, 19691 conferees on the part of the Senate. Representatives today. In principle, the Con­ gress, the administration and the country are KEEPING PROMISES Mr. l\lANSFIELD. Mr. President, thoroughly committed to the cause of clean Several months ago, we were critIcal of there is no doubt that this singular suc­ water. It is one of the most popUlar crusades Congress for retreating from its commitment cet;s--the unanimous approval of the of the day. But lip service and even author­ to the states and localities to provide $1 bll­ Water Pollution Control Act amend­ izing legislation do not remove filth from llon in matching grants for water pollution ments--is attributable to the expertise our streams. Sewage-treatment plants must control. What bothered us at the time was and legislative skills of the floor manager be actually constructed, and Congress has to not so much the enforced slowdown in this of the bill, the distinguished chairman of date provided only meager funds for this important program but rather the immoral­ the Air and Water Pollution Subcom­ purpose. ity involved in mousetrapping local govern­ New hopes were raised in 1966 when Con­ ments into commitments they can III afford, mittee of the Public Works Committee, gress approved a sharp rise In federal assist­ and then not coming aCroES. the Senator from Maine (Mr. MUSKIE). ance to states and cities for the construc­ In this context, it is especially gratifying His tireless efforts in committee and on tion of clean-water faclllties. The program to note that over 220 congressmen have gone the floor have gained for him the deepest was to expand from $150 mll1lon in fiscal on record as favoring the full $1 billlon ap­ gratitude of the Senate and the Na­ 1967 to $1 blllion in fiscal 1970. But out of propriation for waste treatment plants. At tion. His efforts, may I say, will serve the $2.3 billion authorized for the last four present, the House money blll contains $600 years, including this one, Congress has ap­ mlllion for this program-Itself a consider­ to provide a better environment for all of able improvement over the $214 ml11ion origi­ us. We are grateful. He has added a mag­ propriated only $567 mllllon for the three past years, and the current bUdget request nally earmarked. Interested lawmakers will nificent achievement to his already abun­ is for only $214 milllon for fiscal 1970. In offer an amendment on the House floor this dant record of public service. other words, the real cleanup program, as week to up that to $1 blllion. If they all We are grateful also to the Senator distinguished from the reassuring words and vote the way they have talked, this amend­ from West Virginia (Mr. RANDOLPH) and good intentions, has not yet gotten off the ment should sall through easily. to the Senator from Delaware (Mr. ground. The next move would then be up to the BOGGs) , the chairman and ranking Fortunately, the great gap between promise Senate. To date there has not been a com­ and performance has not gone unnoticed on parable show of support in the other cham­ minority member, respectively, of the ber for a full-funding of the water pollution Public Works Committee. They joined to Capitol Hl11 or among the milllons who are now demanding restoration of a healthful program. But this is perhaps because the assure the efficient and swift disposal of environment. A large number of organiza­ qUite remarkable ground-swell of concerned this measure. They added their always tions representing conservation groups, orga­ public opinion on this subject has so far been thoughtful, always perceptive views to nized labor, professional societies, civic as­ focused on the House. the discussion. sociations and city and county ofliclals have It should be understood, of course, that Especially, our thanks must go also to united their efforts In a Citizens Crusade for this is definitely a time when budgetary re­ Clean Water, and more than 220 members straint is indicated. Accordingly, a number the distinguished Senator from Wash­ of Important government programs are in ington (Mr. JACKSON). The cooperation of the House have pledged themselves to vote a billion dollars for clean water when imminent danger of severe cutbacks. Even so. he exhibited was characteristic. His sup­ the big test comes. there are two good reMons for not stinting port was outstanding, and we are grate­ One vital element in the situation Is the on water pollution contrOl, quite apart from ful. pllght in which many cities find themselves. its merit as a program. First, local govcrn­ The Senate may be proud of another Under the prodding of Congress, state leg­ ments have already been induced to commit fine achievement. iElatures have been raising standards of sew­ their own limited resources for this purpose. age treatment which the cities will have to And second, there appears to be broad pub­ Mr. MUSKIE. Mr. President, during Hc support for the program. In this case at the last 24 hours, both Washington news­ meet. But jf they are denied the federal aid that was contemplated when the higher least, there is reason to give the publlc what papers, the Post and the Evening Star, standards were set they wlll have to chooEe it wants. have published editorials in support of between failure to comply lind the diversion COMMISSIONER DOMINICK CONFIRMS FWPCA'S full funding of the $1 billion authoriza­ of funds from education, housing, law en­ COMMITMENT TO ENHANCEMENT PRINCIPLE tion for Federal grants for the construc­ forcement and so forth t.8 meet the new de­ Mr. COOPER. Mr. President, I would tion of municipal waste treatment fa­ mands for clean water. It is reported that cilities. more than 4,600 applications for aid to cities like at this time to bring to the Senate's Regardless of the outcome of the vote in the construction of sewage-treatment fa­ attention an excellent and most appro­ on this question in the House today, I cilities arc awaiting action, largely for want priate addition to the disscussion of S. 7. intend to press for full funding in the of funds. It is a speech given on September 23 The plain fact 15 that Congress has re­ in Kansas City by Commissioner David Senate, as we have in. the past. neged on its clean-water pledge to the coun­ The chairman of the Subcommittee on D. Dominick before the Association of try. The technical know-how for restoration State and Interstate Water Pollution Public Works of the Appropriations Com­ of the Nation's streams and lakes to a toler­ mittee, the distinguished Senator from able condition is readlly at hand. Much of Control Administrators. Louisiana (Mr. ELLENDER) has commit­ the needed legiSlation is already on the In this speech, which I would ask ted his support to increased funding for books, although Secretary Hickel is seeking unanimous consent to include at the end the program, and I hope that the com­ authority to help pay for treatment facl11­ of my statement, Commissioner Domi­ mittee will find it possible to recommend ties on an Installment basis through con­ nick spellS out the goals of the Federal tracts with clties and states, which would Water Pollution Control Administration full funding. greatly ease the demand for current appro­ Although the administration has re­ priations. The missing element Is Immediate and its activities. He affirms the neces­ quested only $214 million for fiscal 1970, funds to change the clean-water drive from sity of strong Federal, State, and local recent reports have indicated that the a remote hope to a current reallty. partnerships and cooperation for the administration may be seeing the light of We agree with the National League of success of pollution control programs of overwhelming public support for the Cities, the League of Women Voters and the all kinds. program. many other groups and individual leaders One of the most significant statements who are call1ng for the immediate appropria­ of the speech is the confirmation of the I hope they do change their mind, but tion of a blllion dollars for the 1970 cleanup in any case, I pledge my support for full effort. On the eve of the test vote there are administration's commitment to the funding, and I promise a vigorous effort indications that the administration will ac­ principle of enhancement of water qual­ in behalf of it. cept SUbstantial expansion of the clean-wa­ ity articulated as follows: I ask unanimous consent that the edi­ ter bUdget item it carried over from the The keystone of the Water Quallty Act of torials to which I have referred be in­ Johnson bUdget. But compromise at this 1965 was enhancement of water quality, and cluded in the RECORD at this point. point is not enough. The judgment of Con­ this has become the keystone of State and greEs as expressed in the Clean Water Resto­ Federal water quallty standards. I donot be­ There being no objection, the edi­ ration Act that $1 bllllon would be needed lleve that we can afford to go any other way. torials were ordered to be printed in this year for grants in this area was sound. In most parts of the country, the day has the RECORD, as follows: It should be adhered to today. In a matter long since passed that we could rely on tlle Octobel' 8, 1969 CONGRESSIONAL RECORD- SENATE 29101 "assimilative capacity" to protect us from and we have a mandate to satisfy It qUickly For these reasons, we are proposing that water quality degradation and, eventually, and thoroughly. We "'ill do this through the minimum treatment level for federally­ curtailment of such water uses as swimming court action, if necessary, and through tough, supported projects discharging to interstate and propagation of high quality fisheries as­ new legislation which we will seek from the or intrastate fresh waters should be com­ sociated with clean waters. The traditional Congress." plete removal of all fioatable and settleable assimilative capacity concepts have ignored And the Secretary made it quite clear that materials, disinfection, and at least 85 per­ the more subtle water pollution control pa­ his actions In these areas were not a one shot cent removal of five-day biochemical oxygen rameters that they become so important to burst for a short haul. Rather, he emphasized demand and suspended solids based on de­ the protection of legitimate water use. that, "this Is just a beginning. We Intend to sign flow. We have avoided using the term, continue the identification of polluters all "secondary treatment" In the proposal in I commend the entire text of Mr. over the Nation, followed by the enforcement order to provide a performance type of defini­ DOMINICK'S speech to my Senate col­ of schedules for prompt cleanup and pollu­ tion, without implying necessarily specific leagues. tion ellminatlon." processes associated with secondary treat­ There being no objection, the speech The water quality standards, in effect, set ment. However, as "secondary treatment" is was ordered to be printed in the RECORD, compliance schedules all over the Nation. We a good shorthand term, I wlll use it In my as follows: intend to see that these compllance sched­ later discussion of this policy wIth the dis­ ules are met. To do otherwise would be to fall claimer that It Is just this-only a shorthand REMARKS BY DAVID D. DOMINICK, COMMISSION­ to make full use of the water quallty stand­ term. ER, FEDERAL WATER POLLUTION CONTROL ards tool that has been mandated to us by Because of the critical need to protect ADMINISTRATION, U.S. DEPARTMENT OF THE the Congress. The standards must be seen as estuarine aquatic life and uses, we belleve INTERIOR, BEFORE THE ASSOCIATION OF STATE a means to an end. We are taking steps Im­ that the minimum treatment for projects AND INTERSTATE WATER POLLUTION CONTROL mediately at FWPCA to Insure that fair and dischargIng to estuaries should be set at the ADMINISTRATORS, KANSAS CITY, Mo., SEP­ consistent mechanisms are developed for the same level as for fresh water discharges. For TEMBER 23, 1969 full Implementation and enforcement of discharges to the open ocean through ocean Good morning, Gentlemen. It Is a priVilege water quallty standards. outfalls, a lesser degree of treatment might to be meeting here with you in Kansas City Let me turn brlefiy to the question of be justified. ThUS, we are proposing a mini­ and to lead off on what promises to be an financing. We are all keenly aware that the mum level of complete removal of all fioat­ Important annual meeting of the Associa­ existing program which was established In able and settleable materials for discharges tion of State and Interstate Water PollU­ 1966 has not served to keep current with to open ocean waters at this time. The pro­ tion Control Administrators. identified needs. The need for treatment posed revisions to the rules and regulations You have asked me to comment on the plant construction is most urgent and this would define "open ocean waters." Federal Water Pollution Control Adminis­ need is clearly recognized In Washington. There are some specific aspects of the re­ tration goals and directions for the future. State approved applications for matching vised construction grants pollcy which I This is an excellent forum to give you such grant funds totallng $2.3 bllllon from States would like to clarify brlefiy. For Instance, comments because I would hope that our and local governments are now on file with this pollcy would be Intended to apply not goals would be essentially your goals. And the Federal Water Pollution Control Admin- only to applicants for projects providing a I know that in many instances our problems istratlon. " complete treatment system, but also to ap­ are your problems as well. In a simple sense I acknowledge that the question of financ­ pllcants for a Federal grant for portions of a the goals of FWPCA are to come to grips with Ing Is the most difficult issue facing all system, such as interceptor sewers, pumping and find solutions for the Issues which are of us right now. A resolution of this issue stations, outfalls and other appurtenances. presently impeding progress in the fight for is directly tied to the issue of how and when To quallfy for a Federal ~ant, projects to pollution abatement and environmental we meet our water pollution control goals construct Interceptor sewers and other por­ quality. in the municipal sector. I cannot give you tions of a treatment system would have to There is an urgency to our mutual efforts an answer to these pressing needs at this comply with the adequate levels of treat­ which has never existed before. I am sure time but can only assure you that work is ment as determined under this new pollcy. that I don't have to remind you of the pUb­ going forward at the highest levels of the As another point, discharge to the ocean will lic demand for cleaner water because it Is Administration to seek some equitable reso­ be evaluated on a case-by-case basis to de­ you, as State administrators, who are on the lution. The one thing which I can tell you termine the appropriate level of treatment to front line in the action which is being de­ at tbls time Is that the new Clean Water insure compliance with water quality ob­ manded. But I did want to assure you that Team In Washington Is keenly aware of the jectives. we in Washington are well aware of this need for long-term planning when we come In addition, we examine all plans for con­ urgency, this public demand and this unique to the question of construction of municipal struction very carefully to be assured that In awareness on the part of our American citi­ waste treatment works. Piecemeal financing, the design and engineering stages adequate zenry of environmental problems on a global and year-to-year uncertainties occasioned consideration has been given to projected scale. You and I are certainly tied to one of by the appropriation process envisioned by popUlation growth demands. The recent the highest vlslblllty programs in the United the previous legislation, clearly does not al­ experience of the new Administration on States today. low for the lead time and planning which Is the Potomac River Indicates that Insufficient To get down to specifics, I would Ilke to required at the State and local level. So one thought has been devoted In the past to discuss with you three areas of mutual con­ of four top priorities In seeking any resolu­ population Increase factors. The design of cern In which we are actively developing and tion to the financIng Issue Is to come up with new treatment plants must be flexible promUlgating new pollcles. These would be a program which will give firm assurances enough to provIde for Increased capacity as the areas of enforcement, financing, and the as to the future avallablllty of funds and well as prOViding for the possibility of proc­ question of a requirement for secondary upon which firm planning for construction ess changes leading to higher levels of waste treatment of municipal wastes. needs can be based. In addition, there are a number of Issues treatment. Let me turn to the last of the major Is­ Finally, we will not give any Federal funds which we can explore in somewhat less depth sues whlcb I will be able to cover with you but which we will identify as questions or to communities that bypass their sewage this morning. I hope by now that all of you treatment plants and drop raw sewage into problems facing FWPCA and problems for State and Interstate Water Pollution Control which we are seeking pOIlCY solutions. the streams. The Federal government will Administrators have received our proposals not be a party to any such practice leading So flrst let me turn to the question of en­ to revIse the construction grants pollcies. to gross pollution of our water-ways. Our forcement. As you know, Secretary of the In­ We are considering revisions to the eXisting streams will be kept clean. terior Walter J. Hickel has just recently an­ rules and regulations for construction grants nounced a new, tough enforcement policy. We are seeking your comments on these which would upgrade the minimum treat­ revisions prior to publlcation of revised rules Acting on Information available to FWPCA, ment which any project applying for Federal the Secretary has set In motion the first In the Federal Register. I hope to obtain your funds would have to provide. support for these proposed regulations, and stages of Informal proceedings against a city, The present rules specify that the minimum four steel companies, and a mining firm al­ to proceed to publlcatlon Within the near treatment that a system must prOVide to be future. The revisions wl1l be open to further legedly polluting interstate waters and being ellglble for Federal grant assistance Is pri­ in noncompliance With water quallty stand­ comment, of course, In a more formal fashion mary treatment or Its equivalent, unless after they are publlshed in the Federal ards. If our upcoming meetings with these water quallty standards or other recommen­ various entities does not lead to satisfactory Register, but I did want to soilcit your views dations require a higher level. In view of our at the earliest possIble stage in the develop­ action on their part, the next step which present water pollution control needs and could be taken by the Secretary of the In­ policies, we believe that a more stringent ment of this new polley. terior would be formal court proceedings minimum treatment requirement is now I would Ilke to discuss OUr reasoning for follOWing a 180 day notice. clearly appropriate. From reading the water seeking such a change in policy at this time. The Secretary has said, "the.people of quallty standards established by the States, The present rules and regUlatiOns, of course, America have made it abundantly clear that I also note that with very few exceptions the provide that a proposed construction grant they will no longer tolerate pollution of their States themselves now recognize the appro­ project seeking Federal funds meet the water environment." He said that, "the Administra­ priateness of secondary treatment as a quallty standards. And, as I noted earller. tion belleves this to be a reasonable demand, minimum. these accepted standards, with a few limited 29102 CONGRESSIONAL RECORD - L.l.&.....,L">c exceptions, provide for a minimum of secon­ ings with State Administrators throughout tion was ordered to be printed in the dary treatment. the country. We intend to continue these I think we are all looking forward to the meetings until we have had an opportunity RECORD, as follows: day when the minimum treatment that wlll to sit down and discuss major program and Nu.mber Of men mfssing from Vietnam be provided anywhere in the country wlll be polley questions with all of you. In addition, 1961-62 21 the equivalent to secondary treatment. please feel free to pick up the phone or to 1963 ----______20 We all know that some areas of the CQun­ write to Assistant Secretary Klein and my­ 1964 28 1965 151 try are at this very moment preparing to self on any matter Which Is ot concern to meet or have already met much higher treat­ you or your State or interstate agency. 1966 309 1967 911 ment requirements. We, at the Federal level, may not always For many years, primary treatment was find ourselves in agreement With you at the 1968 367 recognized as a basic treatment requirement State, interstate or local levels. But both Mr. 1969 (to Sept. 20) 88 for municipal wastes. However, even before Klein and myself are of the very firm opinion the establishment of water quality standards, that disagreement should not be a bar to Total 1,895 secondary treatment has increasingly become communication. One thing is abundantly the new basic requirement for municipal and clear when we discuss environmental pro­ Cost Of the Vietnam war industrial wastes. In the face of population grams-all levels of government are in the [In m1llions of dollars] and industrial growth, treatment require­ fight together. And if we are to make prog­ F1scal year: ress, progress which is now urgently needed 1965 _ ments have had to be steadily upgraded; 1966 _ 103 waste loads have grown as prodigiously as and urgently demanded, it is clear that we 5,812 must eventually agree that we have a sin­ 1967 _ populations and industries. History has 1968 _ 20,133 shown that slow but steady deterioration of gle mutual goal. We must agree together 26,547 that our Job is to stop pollution today, and 1969 _ many waters has been the inevitable ac­ 1970 _ 28,812 companiment of "progress" because treat­ to bend every effort to guaranteeing clean 24,862 ment goals in the past were set too low. After water for America tomorrow. many years of inadequate waste treatment, Total (which equals $106,369,- serious water quality degradation is a fact 000,000 spent) 106,369 in most developed parts of the country. CASUALTIES IN THE WAR IN If we are to make water pollution control VIETNAM Aircraft casu.alities in South. Vietnam programs and the water quality standards since Jan. I, 1969 Fixed wing: approach effective, a substantial reduction of Mr. FULBRIGHT. Mr. President, I de­ Hostile 387 pollution from all municipal and industrial sire to place in the record some figures Non-hostile 1,536 waste sources will be necessary. Secondary concerning casualties in the war in Viet· treatment, and in selected areas treatment nam and to comment on them. The fig­ Total 1,923 levels beyond that, should be considered a ures have just been calculated, based Helicopter; necessary goal to allow us to get ahead ot F.[ostile 1,311 the pollution problems-to prevent pollu­ upon information received from the De­ tion rather than wait to abate it after partment of Defense. Non-hostile 1,712 damage has occurred. They show the average monthly total Total 3,023 The keystone of the Water Quality Act of of dead, wounded, and missing during 1965 was enhancement of water quality, and the administrations of President Ken­ Total aircraft lost in Vietnam this has become the keystone of the State nedy, President Johnson, and President in the SOuth 4,946 and Federal water quality standards. I do Nixon-granted, of course, that the level not believe that we can afford to go any other way. In most parts of the country, the day of fighting during the administration In North. Vietnam since Aug. 4, 1964 has long since passed that we could rely on of President Kennedy was relatively low. Fixed wing (hostile) 921 "assimilative capacity" to protect us trom The average monthly total of dead dur­ Hel1copter (hostile) 10 water quality degradation and, eventually, ing the Kennedy administration was 4.97; curtailment of such water uses as swimming in the Johnson administration, 592.4; and TotalnaDaa1reraift lost in North Viet- 931 and propagation of high quallty fisheries as­ in the Nixon administration, it has been sociated with clean waters. The traditional 992.57. That is not quite double the aver­ assimilative capacity concepts have ignored Total aircraft casualties 5,877 the more subtle water pollution control age monthly total of dead in the Johnson parameters that have become so important administration. NUMBER OF MEN KILLED IN VIETNAM FROM 1961 THROUGH to the protection of legitimate water uses. The monthly average totals of the SEPT. 20, 1969 For the present, secondary treatment is an number of wounded are similar. In the economically teasible technique and a rea­ Kennedy administratioll, it was 13.66 per Hostile sonable means of assuring that assimilation month; in the Johnson administration, action Nonhostile Total of wastes will no longer be the sale or pri­ 3,201.5; and in the Nixon administration, mary use of any of our waters. In some 1961 to 1962_._. _____ areas, where installation of high levels of thus far, it is 6,131.59. Again, that is 1963 ______42 23 65 almost twice-almost 100 percent-the 1964______• __ • ____ 78 36 114 treatment may occasion economic hardships, 1965______._ 147 48 195 I think we are prepared to be reallstic and total number of wounded in the John­ 1966______1,369 359 1,728 fleXible about the timing-and I emphasize son administration, monthly. 1967 ______• ____ 5,008 1,045 6,053 1968______• ______9,378 1,680 ll,058 the word timing-for necessary waste treat­ For the missing, the proportion is not 14,592 1,919 16,511 ment Improvements. However, I do not be­ the same. In the Kennedy administra­ 1969 (to Sept. 20)_____ 8,114 1,514 9,628 lievethat we can afford to be shortsighted tion, only one person was listed missing. Totals ______•__ about our ultimate goals and that these goals 38,728 6,624 45,352 must be high enough to meet the needs of In the Johnson administration, the num­ the future. ber was 29.4. Under President Nixon, the NUMBER OF MEN WOUNDED IN VIETNAM FROM 1961 The secondary treatment issue is but one number thus far is 9. THROUGH SEPT. 20, 1969 of a number of areas in which the Federal These figures graphically show, it Water Pollution Control Administration wlll seems to me, that the level of fighting, Need No be setting forth clear policy positions. We instead of having declined during the hospital hospital Total hope to continue to develop policy guide­ last 9 months, has substantially in­ llnes for a number of our programs, includ­ 1961 to 1962 ______creased, both with respect to the wounded 1963______43 38 81 Ing such things as the disposal of wastes 218 193 4ll into the open ocean, the thermal pollution and the dead. It is true that in the last 1964 ______1965______• ____ 522 517 1,039 2 or 3 weeks there has been a decline, 3,308 question, the operation and maintenance of 1966 __ •• ___ •______2,806 6,114 sewage treatment plants, and the establish­ but these figures are the averages since 1967. ______16,526 13,567 30,093 1968______._ 32,371 29,654 62,025 ment of additional water quallty standards the beginning of the war. 46,799 46,021 92,820 criteria for radiological discharges and for Mr. President, I ask unanimous con­ 1969 (to Sept. 20)_. ___ 27,967 31,509 59,476 pesticides. We are now in the midst of in­ sent to have printed in the RECORD the Totals______tensive inhouse efforts to develop programs entire tabulation of figures which have 127,574 124,305 252,059 or policy statements in many of these areas. been collected. They are based upon offi­ We in the Department of the Interior sollcit NUMBER OF TROOpS IN COUNTRIES WITH WHICH WE HAVE your input and guidance as additional poli­ cial information received from the Pen­ PREVIOUSLY BEEN AT WAR (AS OF THE PRESENT) cies are developed. To this end, as you now tagon and deal also with other aspects are all aware, Assistant Secretary Carl Klein of the same problem. and myself have initiated a number of meet- There being no objection, the tabula- ~¥r~~n;==::::::::::::::::::::::::::::::::::: :::: 2!~: g~