June 27, 1972 EXTENSIONS OF REMARKS 22757 remarks of the distinguished Senator Amendments. The pending question will Senators have been alerted to the ne­ from Wisconsin

EXTENSIONS OF REMARKS DREXEL UNIVERSITY GRADUATION comments will be of widespread interest, of education and development of our-for "PEOPLE ARE IMPORTANT" I ask unanimous consent that excerpts it is now mine als~university, I share with confidence the feeling that you of the faculty from his address be printed in the REc­ have built well with these young men and ORD: women for the years ahead. HON. HUGH SCOTT There being no objection, the excerpts OF PENNSYLVANIA Mine is a sobering responsibility to speak were ordered to be printed in the RECORD, to the thousands of people here present. IN THE SENATE OF THE UNITED STATES as follows: I am going to talk principally about people Monday, June 26, 1972 PEOPLE ARE IMPORTANT rather than policy-for policy exists only to (Graduation Address by Honorable G. A. help people. Mr. SCOTT. Mr. President, on June 3, Lincoln) Graduations should be, and are, prin­ Gen. George A. Lincoln, the distinguished cipally personal occasions for the graduates President Hagerty; Distinguished Mem­ and those personally associated with them Director of the Office of Emergency Pre­ bers of the Board of Trustees of Drexel paredness, addressed the 1972 graduating and their institution. Words spoken formally University; Distinguished Guests; Members are not essential to the day, but hopefully class of Drexel University, in Philadel­ of the University Faculty and Staff; Grad­ phia. can be helpful to the audience. My words are uating Class of 1972; Parents; Relatives and directed centrally to you of the graduating In his speech, appropriately entitled Friends. class. "People Are Important," General Lin­ We are here to do honor to and to mark Whlle I am going to speak briefly on at coln urged the graduates to avoid the a special and unique occasion in the lives least one of the great problems with which easy pitfall that views the problems of of many people present today-you of the you mUEt live and grapple, my :r.ain point our society with an attitude of cynicism. graduating class, your parents and your !ac­ is a simple one. In our lives, whether they uity. We especially honor you graduates are oriented toward hardware, or manage­ Instead, he encouraged members of the who are Drexel's input this year to the es­ graduating class to face, as real, the ment, or government, or housekeeping--or sential flow of leadership for our compli­ in some other direction-in this existence, problems which confront us, and to wel­ cated society. I note that this input goes only people count. People are really the come crisis in the light of "challenging beyond our own country, and that Drexel aim and the goal of our efforts. And, only opportunity for improvement." contributes to foreign lands as well. through and with people do you get things As General Lincoln himself concedes, Those here, including myself, who are, done. The art of getting things done is graduation speakers are expected to talk or have been, faculty know that our monu­ called ••management" by some; the military of "challenge." Yet few addresses which ments, our successes, our disappointments, people call the art "leadership;" there are are embodied in each graduating class. The occupants of some buildings in Washington I have read do so with the perspective annual class represents the tangible prod­ who call the art of getting things done and persuasion embodied in this speech. uct o! each year of effort. Having come to "politics." Whatever it might be called, it Because I believe General Lincoln's know the objectives, the pattern, and ways 1s only people that can make it happen, and 22758 EXTENSIONS OF REMARKS June 27, 1972 it is only for the benefit of people that it mestic, are more likely to be only partially blessings of both a high energy civilization should happen. solved before new and more difficult prob­ and a beautiful and healthy environment." The certainty of change characterizes our lems arise to replace them. Our country now, of course, has an en­ society, sector by sector, and our country In multiple problem solving, the first hu­ ergy policy based for many decades on the as a whole. One of the tasks of leadership man reaction is to try to set priorities so as assumption of continuing abundance. We is to foresee and to influence be in the states; "Th~y (the Founding Fathers) conferred, best interest of a great political party (o) That the states continue their Juris­ as aga1nst the Government, the right to be and of the Nation. I commend them to diction over closed or open shops under the let alone-the most comprehensive of rights the consideration of my colleagues in proven principle that the government closest and the right most valued by civilized men." to the people governs best; Brown v. Board of Education, 347 U.S. 483 the Congress as valid objectives of both (p) That the preferential treatment of any (1954), held that a black child cannot be ex­ political parties and of all Americans: group, whether majority or minority, is in­ cluded from one school and required to at­ STATEMENT OF PRINCIPLE AND SUGGESTED consistent with Constitutional concepts; tend another school solely because of his PLANK AFFIRMING SUPPORT FOR NEIGHBOR· (q) That power, recreation and anti-flood­ race. All too many governmental officials have HOOD SCHOOLS ing projects be considered individually, from misconstrued Brown to require that black (By Congressman JACK BRINKLEY) the standpoint of the public good and the and white children must be excluded from The Democratic Platform Committee, in the national need--development consistent with one school and required to attend another self interest of the Democratic Party and of the 4-H Creed of making the best better. solely because of their race (i.e., to meet the Nation, should adopt a common-sense racial quota or balance goals). platform. Not unlike a re-organizing or re­ PROPOSAL BY REPRESENTATIVE JACK BRINKLEY The situation might be likened to the in­ building football team, basic fundamentals TO THE DEMOCRATIC PLATFORM COMMITTEE, validating of laws requiring black citizens to should be emphasized over Wild schemes and ADAPTED FROM STATEMENT BY REPRESENT• sit in the rear of a bus. A great many govern­ innovations. ATIVE BRINKLEY BEFORE U.S. HOUSE OF mental officials are in the position of in­ For example, while adequate water and REPRESENTATIVES JUDICIARY COMMITTEE, sisting that the decision requires black and sewerage for our cities and towns might not MONDAY, FEBRUARY 28, 1972 white passengers to be seated according to be a burning national Issue, it can be au­ On January 20th of 1970 during the Second a percentage or quota system so as to enforce thoritatively and categorically stated and Session of tne 91st Congress, I proposed an a uniform racial distribution throughout the documented that it 1s a bread and butter, amendment to the Constitution of the United bus. We object to the government's conver­ major cousideration of America's backbone States. This proposal, H.J. Res. 1048, would sion of a personal right into a personal duty constituency. provide that the involuntary busing of any just as we would object to its equating a citi~ Our Party should reaffirm the principles­ student to a school or the required attend­ zen's right of religious freedom with a duty (a) That the war in Vietnam should be ance of any student at a school outside the to go to church. terminated by a negotiated agreement for an student's local school zone for the purpose of I don't know how things are in the schools immediate ceasefl.re providing for mutual, achieving racial balance or quotas is pro­ of New York or Michigan. If I am to believe immediate return of Prisoners of War and hibited. On January 22, 1971, near the be­ hearsay evidence, things aren't so good. And an accounting for service personnel missing ginning of the First Session of the 92nd Con­ in my District things aren't so good either in action; that our withdrawal will begin gress, I reintroduced this Constitutional and it's because our systems are having t~ contemporaneously therewith; that we sup­ Amendment, designated H.J. Res. 43 which, major in minors, chief of which is the judi­ port maximum protection for every single like its predecessor, was referred to the Com­ cial obsession to balance the races. American serviceman in Vietnam; mittee on the Judiciary, where it has lin­ The identity of the individual, and in a (b) That schools should be equal in qual­ gered. larger sense the identity of his or her neigh­ ity and that children should attend school May I propound a question and briefly borhood, is also very important and worthy within their own neighborhoods; build around it, giving what I believe to be of protection. Our correspondence from black (c) That use of narcotics and dangerous a fair perspective and an accurate evaluation. and white citizens alike point out the de­ drugs in any form is not in the private or Question: Should neighborhood schools sirability of pride in identity and culture. An public interest and we vigorously support whose students happen to preponderate in individual's identity in a democratic society­ elimination of the licentious traffic in drugs, one race or another because of housing pat­ whether he is white or black--should not marked by an ever-broadening trail of terns be required to bus students to achieve under any reasonable circumstance, be bent broken lives; proportional racial balance? to the will of the state. To absorb a minority (d) That we are fully committed to giving In the landmark decision of Shelley vs. into a majority as a judicial concept of the priority consideration to the special needs of Kraemer, 334 U.S. 1 (1948), the U.S. Supreme state is wrong to both minority and majority our senior citizens; Court established the criteria that racially alike. (e) That our Party pledges an active and restrictive covenants on land are unenforce­ CONCLUSION aggressive war on pollution but With the able. Prior to that time many housing pat­ When emphasis in school is placed on the Wisdom not to kill industry in the process; terns were strictly controlled in most sec­ R of Race over the traditional Three R's of (f) That the dignity of work and the dig­ tions of the country through this device­ Reading, Writing and Arithmetic, we know nity of man are inseparable; that there can restrictive covenants based on race-With what will happen. We have seen it with our be no substitute for training and job op­ complete Government sanction. Schools re­ eyes. We have felt it in our hearts. Noble portunity; sulting from that situation are just as surely motivation has not achieved the envisioned (g) That strong mandatory penalties de jure as those schools formerly operating or desired results: the uplifting of all chil­ should be assessed against anyone abusing under a dual system. Yet this has been the dren. his Constitutional right to keep and bear hypocritical excuse to exempt most non­ Quality education can best be achieved in firearms; Southern systems from that classification. a learning environment. Our resources are (h) That amnesty under existing Selec­ Thus, if the answer to my question is in the limited and can best be utilized to create tive Service laws and provisions of the Code negative, then neither should busing be re­ such a place in neighborhood schools where of Mi11tary Justice would constitute a gross quired of former dual systems under no less a feeling of belonging is present; where a breach of faith With every man in the mm- authority than Shelley vs. Kraemer. feeling of security exists; where a sense of 22760 EXTENSIONS OF REMARKS June 27, 1972 participation by parent and child alike is IRS REFUSES To BE AUDITED minister the tax laws fairly, etnciently and present. To consume resources of time and (By E. Edward Stephens) economically. Is there a practical way to im­ money for busing, for the purpose of achiev­ prove IRS administration? ing racial balance, is so obviously wrong, DEAR COUNSEL: In fiscal 1971, which ended last June 30, the Internal Revenue Service A. Y~s-give the General Accounting Of­ meaningless, and unproductive; it is a void, fice a free hand to audit IRS operations and collected nearly $192 billion, and spent al­ demeaning. It is Mercurochrome when the come up with recommendations. If IRS won't need is Penicillin. most $1 billion. Does the General Account­ ing Otnce audit these operations and report adopt recommended improvements, Congress The present stage in history was thousands results to Congress? can force compliance by appropriate legisla­ of years in the setting. As our republican A. GAO has tried to do so, but has failed. tion. form of government changes the scenery and Reason: IRS wouldn't let GAO auditors see IRS otncia.ls shudder at the thought. They improvises the dialogue, may it have the tax returns and other records. contend that, since Congress has authorized wisdom and patience to allow the players free This bombshell was exploded by Deputy the House-Senate Joint Committee on In­ constitutional choice in finding their chang­ Controller General Robert F. Keller, testify­ ternal Revenue Taxation to keep an eye on ing roles and adjusting to their new parts­ ing May 16 before the House foreign opera­ IRS a.dml.nif.;tra.tion, this cuts GAO out. without coercion. This Nation is not playing tions and government information subcom­ So IRS now collects nearly $200 billion a a one-night stand. mittee, chaired by William S. Moorhead, year, and spends about $1 billion a year-all Therefore, I respectfully submit that we D-Pa.. without any independent audit by a disin­ include a plank in the Democratic Platform Rep. Frank Horton, R-N.Y., was amazed. terested organization. providing that schools should be equal in He asked Keller if he was saying that GAO Congress soon may end these freewheeling quality and that children should attend had "really" been accorded "Utera.lly no ac­ operations. If so, it will be one of the big­ school within their own neighborhoods. cess" to information sutncient to make an gest tax reform developments in U.S. history. audit or any study as to what IRS is doing. Since Congress wants to keep tabs on h()W "Yes, sir; that is what I a.m. saying," Keller U.S. agencies handle money it set up the replied. Without access to IRS records, he GAO to audit them. The 1921 Budget and INTERNAL REVENUE SERVICE said, "the management of this very important Accounting Act gave GAO sweeping authoritv and very large agency will not be subject to to examine the books and records of all U.S. DENIES GENERAL ACCOUNTING departments and agencies. OFFICE ACCESS TO VITAL REC­ any meaningful independent audit." When asked why he thought IRS balked There are a few exceptions. For example, ORDS FOR MANAGEMENT AUDIT at the prospect of an GAO audit, Keller Congress has specifically exempted the Cen­ PURPOSES implied that some IRS operations might not tral Intelligence Agency from Budget and stand the light of day. "I guess" IRS doesn't Accounting Act requirements. But it never want anything to happen to break down has exempted IRS. Yet the Service claims HON. WILLIAM S. MOORHEAD public confidence in the Service, he said. that Internal Revenue Code sections 6406 and 8022 let IRS off the GAO audit hook. OF PENNSYLVANIA Confidence of taxpayers and their repre­ Deputy Comptroller General Robert F. IN THE HOUSE OF REPRESENTATIVES sentatives on Capitol Hill already has been seriously shaken by recent disclosures of sta­ Keller brought the matter to a head in his Monday, June 26, 1972 tistics that IRS keeps under wraps. To pick May 16 !testimony before the House foreign one example, they show that Manhattan tax­ operaltions and government information sub­ Mr. MOORHEAD. Mr. Speaker, last payers in fiscal 1971 were able to settle tax committee. He said that IRS otncials wouldn't month the Foreign Operations and Gov­ deficiencies at an average of 35 cents on the let GAO personnel see tax returns and other ernment Information Subcommittee re­ dollar, while New Jersey taxpayers had to records essential to any meaningful audit of ceived testimony from Deputy Comp­ pay 83 cents. IRS operations. troller of the United States, Mr. Robert This is the type of information that GAO The subcommirttee bristled. Chairman Wil­ wants to unearth by auditing IRS operations, liam S. Moorhead, D-Pa., called Commission­ F. Keller, concerning the difficulties er of Internal Revenue Johnnie M. Walters which the GAO has had in obtaining in­ just as it examines the activities of other federal agencies. As an example, Keller said on the carpet May 24. But committee mem­ formation from certain executive agen­ GAO would like to know whether lRS treats bers--Republicans and Democrats alike­ cies. GAO must have access to agency delinquent taxpayers the same from coast to could see from Walters' prepared statement, records and procedures to adequately coast. If not, GAO would recommend changes that IRS was evading the question. carry out its responsibilities as the in operating procedures. So, instead of taking Walrters' testimony, watchdog for Congress under provisions It certainly can't be argued that ms does committee members lectured the IRS team not need watching. Over the years, scandal­ and instructed them to come back in a. week, of the Budget and Accounting Act. See prepared to meet the issue that Keller had RECORD, May 18, 1972, page 18121. ous practices have been exposed in various otnces of the Service, including those at Bos­ raised very clearly. All members in attend­ Most of the absolute refusals for GAO ton, New York and San Francisco. ance-Republicans and Democrats--joined access have come from units of the In refusing to open its records to GAO, in this action. Treasury Department, including the In­ IRS relies on sections 6406 and 8022 of the The IRS first string turned out in full ternal Revenue Service, the Bureau of Internal Revenue Code. But any law school force for the June 1 subcommittee hearing. Customs, the Emergency Loan Guarantee dropout could see that the IRS interpreta­ Walters was supported by Deputy Commis­ Board, and from international lending tion of these sections is ludicrously strained. sioner Raymond F. Harless, Acting Chief Subcommittee staff director William G. Phil­ Counsel Lee H. Henkle Jr., Disclosure Chief institutions. lips put it succinctly when he said IRS is Donald 0 . Virdin, and Francis I. Geibel, Act­ On June 1, Commissioner Walters of "leaning on two weak reeds." ing Assistant Commissioner for Inspection. the IRS and other officials testified in IRS completely ignores the Budget and Walters and Henkle performed eloquently, response to the subcommittee's invitation Accounting Act of 1921, which set up the but left the subcommittee members con­ to answer the charges by GAO. IRS ac­ GAO to serve as the watchdog of Congress. vinced that IRS had the wrong side of the There's no room for doubt about what Con­ case. Moorhead called the IRS legal position knowledged GAO's charges-admitted it gress always has intended this organization "very weak." And Rep. Frank Horton, R-N.Y., denied access to GAO-and then de­ to do. The act gives GAO sweeping author­ said Henkle had tried to push a camel fended its behavior on grounds which I ity to examine the "books, documents, pa­ through a legal peephole. and other members of the subcommittee pers, or records" of all federal departments The subcommittee expects to conclude consider exceedingly weak. It is incredi­ and agencies. IRS is not exempted. hearings on June 27. Hopefully, the Govern­ ble that IRS continues to thwart an ef­ Phillips said it isn't only the GAO that has ment Operations Committee then wm draft been straighta.rmed when attempting to legislation to remove all doubt about GAO's fective review of its operations by the examine IRS records. He said taxpayers also right to audit IRS operations and report re­ GAO. This matter will be dealt with have had "great difficulty" in obtaining in­ sults to the ladies and gentlemen on Capit-ol subsequently in our report and recom­ formation from IRS under the 1967 Freedom Hill who represent all U.S. taxpayers. mendations based on our exhaustive of Information Act. This is the understate­ hearings on the Freedom of Information ment of the year. Act. Phillips said "many, many" IRS denial of THE UNITED NATIONS CONFER­ information cases had been called to the sub­ ENCE ON THE HUMAN ENVffiON­ Meanwhile, Mr. Speaker, I would like committee's attention. "I think there is an MENT IN STOCKHOLM, SWEDEN to call attention to the two excellent arti­ attitude here on the part of IRS that extends cles written on this subject by Mr. E. to Congress, the GAO and the public at Edward Stephens, nationally known large," he concluded. HON. GILBERT GUDE syndicated expert on tax matters. They OF MARYLAND appeared in the Washington Evening CONGRESS UNrr PUSHING IRS IN THE HOUSE OF REPRESENTATIVES Star on May 26, 1972, and on June 16, (By E. Edward Stephens) Tuesday, June 27, 1972 1972. DEAR COUNSEL: All U.S. taxpayers are losers Mr. GUDE. Mr. Speaker, early this The articles follow: if the Internal Revenue Service doesn't ad- June I went to Stockholm, Sweden, to June 27, 1972 EXTENSIONS OF REMARKS 22761 attend the United Nations Conference through our continuing investigations of tions, while admitting to their sins of en­ on the Human Environment, as a repre­ how the anti-pollution laws are being en­ vironmental neglect, demonstrated some forced that we unearthed these facts.'' reluctance to make the investment of re­ sentative of the Conservation and Nat­ However, by letter of June 1 to Reuss, the ural Resources Subcommittee of the sources necessary for the type of clean­ Department finally agreed to enforce the law. up to which their citizens are entitled. House Committee on Government Oper­ John w. Barnum, the Department's general ations. I have served on this subcom­ counsel, agreed that a notice will be pub­ Correspondingly, the underdeveloped na­ mittee for almost 6 years. lished in the Federal Register "on or about tions seemed to follow the illogic that Several of our subcommittee hearings June 8" which "states that the United States two wrongs can make a right-that they exercises rights in a Contiguous Zone to a have an equal right to pollute while de­ and reports have dealt with matters distance of nine miles beyond the terri­ veloping, and need not comply with the which touch on international environ­ torial sea" as the 1970 Act requires. rules of cleanup until after they have mental problems. For example, our hear­ Barnum informed Reuss that the Com­ obtained their rightful share of the ings and reports on the San Francisco, mandant of the Coast Guard has already Potomac, and Puget Sound estuaries in­ "instructed" all Coast Guard units "to ex­ world's affluence. tend enforcement of the applicable provi­ While admitting past environmental volved matters such as oil tankers, pol­ sins and exhibiting a weakness to yield lution, and other issues crossing our na­ sions" of the 1970 Act to the Contiguous Zone. "In the cases of violations where court to future temptations, the moral com­ tional boundaries. action is appropriate, the matter will be re­ pulsion to improve man's state was evi­ Similarly, our hearings and reports on ferred to the Department of Justice," Barnum dent both in the deliberations and in the phosphates and detergents have been wrote. final outcome of the Conference. closely followed by agencies of Canada Reuss said today that the Transportation The capable chairman of our U.S. dele­ and Sweden. Indeed, we had experts Department's action "should markedly re­ gation was environmentalist Russell from those countries testify at our hear­ duce the number of oll spllls occurring in the Zone; help prevent massive pollution Train, the Chairman of the Council on ings. which has despoiled our beaches, minimize Environmental Quality. He set the tone Our subcommittee studies and hear­ the destruction of our offshore fisheries, and of what our position ought to be by quot­ ings clearly show th81t eutrophication re­ save millions of dollars in Federal clean-up ing Teddy Roosevelt's statement of 65 sulting from excessive phosphates, and costs." years ago: oil spilled from tankers, do not respect More than 10,000 such spllls were recorded The time has come to inquire seriously international boundaries. in the period from September 11, 1970, to what will happen when our forests are gone, And recently, our subcommittee was November 30, 1971, in all waters subject to when the coal, the iron, the oil, and the gas instrumental in persuading the Depart­ the Act. are exhausted, when the soils shall have been ments of State, Transportation, and Jus­ "We are heartened by the Transportation still further impoverished and washed into tice to agree on having the Coast Guard Department's action," Reuss said. "The im­ the streaiUS, polluting the rivers, denuding portant thing is that despite its two years the fields, and obstructing navigation. These enforce our oil pollution laws in the of inactivity, the Department willl now begin questions do not relate only to the next contiguous zone, which is that area of to enforce the Water Quality Improvement century or to the next generation. It is time the oceans between the 3- and 12-mile Act fully." for us now as a nation to exercise the same limits around our country's seacoasts. The meetings and deliberations I at­ reasonable foresight in dealing with our This was announced by the chairman tended in Stockholm provided much_in­ great natural resources that would be shown of our subcommittee on June 4, 1972, as formation and suggestions that will be by any prudent man in conserving and Wisel1 we were leaving for Stockholm, and I using the property which contains the assur• helpful to our subcommittee in future ance of well-being for himself and his chil­ insert that announcement at this point hearings and investigations, and will help dren. in the RECORD. us develop recommendations for the DOT To BEGIN ENFORCEMENT oF 1970 LAw challenging times ahead. The developed nations have not fol­ PROHIBITING OIL SPILLS BY VESSELS IN 9- The United Nations Conference on the lowed Teddy Roosevelt's advice. Instead, MILE-WIDE OFFSHORE ZONE, REPRESENTA­ Human Environment, held from June 5 as Mr. Train pointed out: TIVE REUSS REPORTS through June 16, 1972, in Stockholm, Unfortunately, our country did not always The Department of Transportation will be­ follow that good advice, particularly in the gin this month to enforce provisions of the Sweden, was the first international effort generation just past. We not only committed 1970 Water Quality Improvement Act which by nations to consider and seek to begin many of the faults Theodore Roosevelt cri­ prohibit oil discharges by vessels in the Con­ to resolve some of the important, com­ ticized, we went further, and, through in­ tiguous Zone, Rep. HenryS. Reuss (D-Wis.) mon environmental issues facing all adequate control of our increasingly power­ reported today. Enforcement will be carried mankind. ful technology, imposed burdens on our en­ out by the Department's constituent agency, Congressman CHET HoLIFIELD, the very vironment, urban and rural alike, such as he the Coast Guard. able chairman of the House Committee never dreamed of. Reuss is Chairman of the Conservation and Natural Resources Subcommittee of the on Government Operations, was indeed The U.S. delegation at the Stock­ House Committee on Government Opera­ farsighteci in directing that representa­ holm Conference gave forthright lead­ tions. The subcommittee has been investi­ tives of our Conservation and Natural ership to the establishment of new gating the effectiveness of enforcement ac­ Resources Subcommittee attend this ways to preserve our world environment. tions by Federal agencies under both the 1970 Conference. In addition, we have demonstrated for Act and the 1899 Refuse Act. Just as Congress has in recent decades the world during this period that we are "The news from Transportation comes as become more deeply involved in interna­ able, and determined, to take national a welcome ending to our intensive efforts over tional military and political problems, action against one of the horrors of mod­ the last few months to get the Department will in to honor the 1970 law which sets penalties Congress find every year ahead ern technology, namely, the hard persist­ for oll spills at sea and makes the polluter that we will be more deeply involved, ent pesticide. The declaration by the Ad­ liable for clean-up costs," Reuss said. and taking action, in environmental mat­ ministrator of the Environmental Pro­ The 9-mile area in which departmental ters which extend beyond our national tection Agency, Mr. William D. Ruckel­ enforcement was in question is the so-called boundaries. The world which we see shaus, that DDT will be banned except Contiguous Zone, which extends between shrinking through advances in trans­ in the crucial instances involving human three and 12 miles offshore immediately be­ portation and communication is also be­ life, is most heartening. Hopefully, Con­ yond the recognized territorial sea. coming one world environmentally. The The Zone and the powers of each coastal gress will support that decision by ade­ na.tion Within its boundaries were established entire globe feels the results of increas­ quate appropriations to expand research in 1958 by the United Nations Convention on ingly complex industrial technology, the programs in integrated biological control the Territorial Sea and the Contiguous Zone. continued growth of industry, and in order that substitutes can be found The Convention "entered into force for the burgeoning populations in every coun­ for environmentally harmful control United States" on September 10, 1964. More try. Therefore, it is little wonder that measures. than 20 nations are signatories to it. practically every nation of the world The U.S. delegation also provided firm Reuss recently charged the Transportation attended and earnestly participated in Department with fa111ng to enforce the oll leadership in urging that the Confer­ pollution control provisions of the 1970 law the deliberations at Stockholm. ence favor an international commercial in the Zone. Nevertheless, some of the human whaling moratorium. Unless that inter­ Reuss explained, "we discovered not only fraillties of greed, indifference, and ig­ national effort succeeds, several species had DOT failed to enforce the law; but it norance which have produced the world's of whales will undoubtedly face early had also failed to report to Congress that environmental plight were exhibited by extinction. The United States has already the Act was not being enforced. It was only all of these nations. The developed na- agreed to that moratorium, and our wise CXVIII--1434-Part 18 22762 EXTENSIONS OF REMARKS June 27, 1972 action is particularly timely in light of dent Nixon when he visited Canada in Mid­ out degrading and unfortunate side ef­ the upcoming session of the Interna­ April. We proposed to President Nixon that fects. The demands for power, for trans­ the International Joint Commission should portation, and for all the commodities tional Whaling Commission in London be requested by the two Governments to this summer. In addition, the United conduct a. thorough lnvestiga.tlol'. of the of luxury are going to have first priority States worked at the Conference for the hazards of marine transport of oil into this with the political leaders of these na­ protection of all genetic resources. We area.. We have since made specific proposals tions. No amount of exhortations by the emphasized the importance of wildlife for this investigation, and in the light of environmentalists will dissuade them for purposes other than just hunting. this recent incident our Ambassador in from making these demands. To them, They have roles and niches in ecosystems Washington, D.C., is pressing for an early pollution control and environmental and positive response from the USA Gov­ cleanup are the luxuries to be reserved and in some cases substantial tourism ernment. value. for those who can afford them, that is, Our country also showed commendable The Canadian Secretary again dis­ the developed nations in the European initiative by our proposals to establish a cussed this matter on June 9. He empha­ community, the United States, Canada, "World Heritage Trust" and by our urg­ sized the dangers from oil spills and and Japan. ing support of the monitoring and assess­ noted that predictions of more and more I believe the world community must ment of the global environment to sup­ quantities of oil being transported in devise a formula to develop some type plement existing system for monitoring huge supertankers near or on Canadian of trust fund for international pollution human health, the atmosphere, the waters "chill our blood with suggestions research and pollution abatement. Such oceans, and terrestrial environments. that there may well be more accidents." a fund could be financed by a carefully However, I feel that in the area of He noted that the "valve which broke" devised system of tariffs levied, perhaps, petroleum transport in international and on the vessel World Bond at Cherry against the pollution potential of a raw U.S. waters, our position leaves some­ Point "was open for only 3 seconds." He commodity such as high sulfur oil or thing to be desired at this time. Although concluded by saying: high polluting car models. The structur­ the State Department has taken the Yet look at the damage which resulted. No ing of such a system should be one which initiative in pushing for regulations and wonder that the Government has repeated would aid in financing the incorporation control of international movement of over and again to the USA its concern at of antipollution features into the institu­ petroleum by other nations, we must be the growing risk to the environment of both tions and industries of the developing countries which results from the arrival of countries. Such trust fund structuring willing to set our own house in order. large tankers at the Cherry Point Refinery. Since returning from Stockholm, I re­ This concern has been expressed publicly should also expedite and encourage ceived a letter dated June 12, 1972 from and privately, officially and unofficially, at cleanup already underway in the devel­ Hon. G. F. Bruce, the Secretary General all levels of the USA Government up to and oped nations. Thoughtful and careful cf the Canadian delegation at the Stock­ including President Nixon himself. As I told plans must be developed in the councils holm Conference enclosing two state­ the House in my statement yesterday, the of the world-by developed and under­ ments by the Secretary of State for Ex­ Prime Minister discussed the problem with developed nations alike-to deal with ternal Affairs of Canada relative to the the President during the President's visit the problem of "additionality." in April. At the same time Secretary Rogers The posture and thinking of the June 4 discharge into Puget Sound of had an opportunity to feel the strength of 12,000 gallons of crude oil from a tanker Canadian concern during a meeting with the underdeveloped nations in reference to engaged in unloading operations at the Minister of the environment and myself. environmental problems was ably artic­ Atlantic-Richfield Refinery at Cherry The Government proposed to President ulated at Stockholm by Mr. R. K. A. Point, in Washington State. Nixon that the International Joint Com­ Gardiner, of the Economic Commlllity I might add at this point that our sub­ mission be requested by Canada and the of Africa, in his speech at the plenary USA to conduct an investigation into all session on June 9, 1972. I therefore in­ committee held hearings lMt December aspects of the problem on May 4 and again on environmental problems in the Puget sert his speech at this point in the on May 19. The Canadian Embassy in Wash­ RECORD for the benefit of my colleagues Sound and the Juan de Fuoa Straits area, ington, D.C. followed up this proposal in including the issuance of a permit by the specific terms. Our anxiety on the subjeet and the public: Corps of Engineers to Atlantic-Richfield was increased by the announcement at more SPEECH BY MR. R . K. A. GARDINER for a pier at Cherry Point. We heard or less the same time that Secretary Morton Mr. President, permit me to express the testimony from Sierra Club witnesses had decided to authorize construction of the gratitude of the ECA for this opportunity to Trans-Alaska. Pipeline. The Resolution unan­ participate in the deliberations of the con­ and others concerning the potential of imously adopted by the House [of Commons] ference on the Human Environment. Sincere such spills if construction of this facility on May 15 which declared that movements thanks of the member States of ECA go to encourages the use of more and bigger of large tankers in the narrow Straits of the Government and people of Sweden for tankers to enter and unload in these our Paclflc Coast would be inimical to Ca­ the part they have played in initiating, or­ waters. nadian interests, was conveyed to the USA ganizing and running of the Conference; also The Canadian statements note that, in Government the next day. to the Secretary-General of the Conference, the case of this June 4 discharge, oil • • • • Mr. Maurice Strong, for his devoted service; ''quickly spread" into Canadian waters. I am confident we Will receive the official the Preparatory Committee, under the Chair­ response of the USA soon. manship of Ambassador Keith Johnson, for The Canadian Secretary said on June 8: • • • • providing an excellent set of documents and The incident at Cherry Point is a. stark What we have been trying to impress on clear-cut procedures which have made our reminder of what we have stated on many the USA is our sense of urgency and impor­ work less difficult. ooca.sions: that far more serious spills will tance of the question. FCA has taken part in the preparations inevitably take place on other occasions 1! for this Conference; and the meeting which oil is moved by Tanker through the Strait It is my hope that the Canadian sug­ took place in Addis Ababa in August 1971 of Juan de Fuca. It demonstrates that in the gestion will receive a favorable response enabled African States to identify the prob­ event of a. spill on the USA side, damage will in the spirit of Stockholm. lems of environment which concern them, almost certainly be suffered in Canada, and The spectrum of environmental prob­ and to define the r"Ole which they should this damage could be severe. Even the small lems considered at Stockholm is awe­ play in this conference. quantity of oil which esca.ped on this occa­ some. But we addressed the problems When the idea of a. meeting on Human sion moved rapidly northward across the Environment was first mooted, some con­ boundary and collected on some five miles of and we made a beginning in a coordi­ sidered that it concerned only the industrial­ one of the finest beaches of the area. nated international effort to better ized countries; but it became clear at a very We have, of course, registered with the man's welfare through the world. early stage that even the least developed USA oana.da's grave concern about this om­ However, the question of "additional­ countries were involved in the developments inous incident. On instructions, our Embassy ity" is indeed the problem that is farthest which threaten the survival of mankind. yesterday emphasized to the State Depart­ from solution. The developed nations The pollution of coastal waters by on dis­ ment that the incident confirmed our charged from tankers, atomic radiation and anxieties over the threat to the ecology and must come to grips with the problem and resolve it much better than was done at the destruction of marine life are a few in­ resources of this . . . inland marine area stances of the damage which may overtake from oU tankers. Stockholm. I do not believe that the countries in spite of their state of underde­ • developed nations will provide funds to velopment. Moreover, the use of pesticides We have made repeated representations to fulfill their pledges for an international and detergents 1s on the increase in most the USA Government about the proposed in­ environmental fund in sufficient amount parts of the world including Africa.; and crease in oil tanker tramc into this area, to adequately encourage the developing these, as it is well known, can destroy the and indeed we raised this matter with Prest- nations to impove their conditions with- resources of streams and rivers. This Con- June 27, 1972 EXTENSIONS OF REMARKS 22763 ference offers a unique opportunity for com­ Eastern Africa-to mention a few. These These question marks in the minds of the munities throughout the world to share ex­ dams provide electricity, water transport fa­ developing countries have not stopped them periences, draw lessons from what is hap­ cillties and water for irrigation. Their con­ from deciding to participate in the Confer­ pening in different communities, and to take struction demanded the transplantation of ence and to commit themselves to carry out measures to prevent the recurrence of harm­ whole populations to new and strange en­ international decisions which we are here ful consequences. vironments; and they have contributed to the to take. The problems which have now caught the spread of water-borne diseases of which ma­ There are actions to be taken at the na­ attention of the world and form the subject laria, river blindness and bilharzia may be tional, inter-count ry, regional and global matter of this conference may appear to pose regarded as the most serious. levels. Indeed, various agencies are already a dilemma to developing countries. Some, The development of transport facilities occupied with activities in most of the fields who see in these problems the aftermath of has increased the chances of diseases being which we are now considering under the industrial growth, are now sdvocating a communicated between countries, regions gen eral title of the theme of this Confer­ r~straint on economic and social develop­ and continents. History provides instances ence. It is the conviction of the African coun­ ment. This is the "limits-to-growth" thesis of erstwhile isolated communities being tries that the conclusions of the Conference which appears to be gaining currency, espe­ wiped out by such diseases as measles and will provide a framework within which such cially in the developed world. The under­ small pox upon their contact with the out­ actions will continue to be carried on, and developed countries are in no mood to accept side world. Traffic in animals and plants more effectively. the imposition of a restraint on developments especially into areas where phytosanitary We hope that it will be possible to pro­ on which their welfare, and indeed, their services are not well developed poses a seri­ vide a mechanism and an organization at the very existence depend. African Governments ous threat to vegetation. Special measures regional level to give the people of each con­ have come to Stockholm, not to accept an are required to control and eventually to tinent a voice in the formulation of pro­ imposition of a restraint but to seek to clarify eradicate sleeping sickness-a scourge to grammes and a role in their implementa­ a false dilemma in consultation with the man and beast alike--not to mention mi­ tion. ECA and OAU stand ready to assume world community. gratory birds and the incidence of diseases responsib111ty to discharge any tasks which The world from which underdeveloped of livestock such as foot and mouth in may be entrusted to them under a United countries seek an escape is not a romantic Europe and Africa, which emphasizes the Nations Human Environment Programme. paradise. Some 80% or more of Africa's pop­ interdependence of continents. OAU member States have already signed a ulation live in rural areas plagued with Such problems cannot be tackled success­ convention on the protection of nature and periodic famine; with inadequate water sup­ fully in isolation; and increasingly, such wild life. Individual African Governments plies for man, animal and crops; inadequate bodies like WHO and FAO as well as the are developing national game parks and set­ health services; with high mortality rates wild life conservation movement wlll be ting up administrative organs for environ­ which result from the prevalence of water­ called upon to intervene and to provide mental services. borne and other endemic diseases; and where assistance to countries who are not in a Africa, together with other developing poor farming methods are rapidly destroy­ position to cope with new and menacing countries, have come to Stockholm with a ing forests and grass cover-leading to soil situations. determination to find a basis for cooperation. degradation and turning marginal areas into In such fields as the human environment I may take this opportunity to emphasize the .Iesert land. Doing nothing will spell our and population, international community is fact that when relatively poor countries send doom. We must intensify our search for new attempting to deal with very intimate per­ delegates to conferences of this kind, they techniques to cope with these age-old handi­ sonal issues. We need to convince all partic­ make a real sacrifice. The financing of dele­ caps. ipants in such programs. Human under­ gations is a drain on their limited resources. The populations of underdeveloped coun­ standing is as important, if not more im­ The presence of some 30 African delegations tries including those in Africa are increasing portant than formal declarations and con­ in Stockholm is therefore a token of our rapidly. Africa's population, growing at an ventions. This makes the attitude of devel­ earnest in the matter under discussion. average annual rate of 2.5%, may increase to oping countries a matter of some impor­ Mr. President, Africa is ready for construc­ 460 m1llion in 1..980. It is recognized that r,ance. The developing countries often show tive and creative action in cooperation with population pollcies which are being formu­ a historical hangover of fear and suspicion the rest of the world. The first All-African lated today will take a decade or more to from their experiences of the recent past. Seminar on the Human Environment sup­ make any significant impact on current The struggles to end colonialism tend to set ported the establishment of an appropriate trends. us apart from the free world. These atti­ organ within the U.N. System to bridge gaps An obligation of every African govern­ tudes cause some amount of irritation to in existing knowledge and practices: to co­ ment is to encourage more productive agri­ those who want to get on with the business. ordinate on-going programmes in the field cultural methods in order to be able to This reaction is also understandable. We of the environment: and to initiate measures feed the population. It must resort to in­ are not here, in the face of a crisis which to safeguard our fragile environment. ECA dustrialization (small and lerge scale) in­ mankind has to tackle, to indulge in self pity, member states support the suggested creation cluding the development of service indus­ to exchange recrimina,.t ions or to apportion of an Inter-governmental body serviced by rtries in order to generate enough employ­ blame. It is with this understanding that a secretariat as suggested by the final docu­ ment. It must initiate measures for a more the Addis Ababa Seminar set out its con­ ments for this conference. intensive exploitation of natural resources tributions to the consideration of human In the name of the member states of ECAr in order to produce raw materials for local environment and expressed its willingness to I wish this conference success. industry and for export. play a full and responsible role in the im­ Indeed to be able to purchase capital plementation of the recommendations which Among the most significant recom­ equipment, to secure foreign skills and ex­ may come out of this Conference. mendations resulting from the conven­ ternal inputs needed by local industries, it The fears of developing countries have tion were those designed: First, to facil­ must increase export earnings from minerals been expressed by several speakers from de­ itate completion in 1972 of an interna­ 9.nd agriculture. In all these aspects, govern­ veloping countries. I repeat some of them tional convention to restrict ocean dump­ ments will be interfering with natural con­ because we need to keep them in mind in ing; second, to strengthen the Interna­ ditions. The problem, therefore, is how to order to appreciate the moods of all parties satisfy the needs of the community in the to the effort which we are initiating here. tional Whaling Convention and to lannch best possible way and with the least harmful I would express them, rather, in the form a 10-year moratorium on commercial results. of hopes than fears. whaling; third, to prevent national and Rural poverty, under-employment and un­ We hope that measures for the protection environmental actions from creating employment have combined to drive rapidly of the human environment and the preven­ tion of health hazards will not be used as a trade barrters against the exports of de­ growing numbers away from rural life into veloping conn tries; fourth, to give high industrial and urban centres. The prolifera­ pretext for the imposition of non-tariff bar­ tion of slums and shanty towns is evidence of riers to trade between developed and devel­ priortty in development assistance to en­ the need to take action to cope with chang­ oping countries. We hope that the impact vironmental values such as land use con­ ing aspirations and patterns of life. Garbage of recycling, on the volume of trade in raw servation and quality of human settle­ materials, wlll be carefully examined to' en­ disposal, sewerage, the need to provide de­ sure that the developing countries do not ment; fifth, to improve water supply and cent human dwellings, the control of ver­ lose export earnings. We hope that allow­ sewage in the rapidly growing cities of min, etc., are now crying needs in the rapidly ance ,;ill be made in the allocation of grants developing conn tries; and sixth, to create expanding towns in developing countries. The and loans to help developing countries meet in the United Nations a permanent, high disposal of waste in the tropics where ex­ any additional costs which may be incurred level environmental unit. perience in scientific processes is lacking con­ as a result of improvements in machinery, stitutes a very serious health hazard. These techniques and procedures brought about by It is too early to declare that the Stock­ are some of the problems to which Africa attempts to protect the human environment. holm Conference was a success. It may be must turn its attention immediately. What We hope that measures taken by developed several years before we will really know countries will not lead to the creation of whether this effort was successful. The help can we expect? cordon santtaire behind which they can shel­ Africa has constructed huge man-made ter, and, from which they can run harmful most important thing, however, was that lakes-Ka1nji and Volta in West Africa; As­ industrial enterprises in territories which it was a beginning. From this beginning, wan in Egypt; Koka, Owen and Ka.riba in may appear to provide "flags of convenience." we hope new and greater efforts will be 22764 EXTENSIONS OF REMARKS June 27, 1972 made by the community of nations to im­ storage, or disposal of the product, and a Jules Verne. But it is available with to­ prove environmental quality, not at the description of the necessary treatment or day's technology. antidote if the warning is ignored or mis­ Of course the problem still remains-­ expense of the developing nations or of understood, how do we get a fellow from the train the developed nations, but with the close 5. Clear and complete directions for use station to his home or office just as effi­ coordination and cooperation of all na­ and care of the product. Separate use and ciently. But Mr. Salter's concept for tions. care instructions should be provided for those products not normally consumed from transcontinental travel points out what or stored in the original package, we can do today to unsnarl our transpor­ GUIDING PRINCIPLES FOR RESPON­ 6. Relative price information in a con­ tation problems if we just gear up and SffiLE PACKAGING AND LABELING venient and understandable form. Price in­ use our wits. formation should be displayed at the point Mr. Speaker, I include at this point an of purchase when it is impractical for the article .from the Austin American ex­ HON. WILLIAM J. KEATING seller or supplier to include price on the package or the label, plaining Mr. Salter's concept of a tunnel OF OHIO 7. The date beyond which the product train. IN THE HOUSE OF REPRESENTATIVES should not be sold if the product is perish­ The article follows: Monday, June 26, 1972 able. UNDERGROUND MAGNETIC TRAIN ACROSS UNITED Businesses should also provide the follow­ STATES SAID PossmLE Mr. KEATING. Mr. Speaker, recently ing information on packages and labels of Los ANGELES (AP) .-You could go from the National Business Council for Con­ processed food products offered for sale. New York to Los Angeles in half an hour, sumer Mairs published its first official 8. The size, weight, or measure of servings shuttling through a transcontinental under­ report, "Guiding Principles for Respon­ where the la.bel states number of servings, ground tunnel in one-car trains fioated on sible Packaging and Labeling." 9. The common or usual name of ingredi­ magnetic fields. The cost: $50. The report was authored by the ents or, where appropriate, the class of in­ It's not science fiction, but a concept pro­ NBCCA subcouncil on packaging and gredients, listed in order of decreasing pre­ pounded by a top physicist for the Rand dominance. The most significant ingredient Corp. labeling. The vice chairman of that coun­ listed by percentage if it will aid consumers cil is a Cincinnatian, Mr. Robert Aders, R. M. Salter Jr., head of the physical sci­ in assessing economic value and food quality, ences department at Rand, said in an inter­ who is chairman of the board of the 10. A sta.tement of nutrient value conform­ Kroger Co. which is headquartered in view that existing technology makes the tun­ ing to appllcable federal guidelines. nel train concept feasible. He said electro­ my home city. In addition to the above, all packages The report represents a comprehensive should contain the full and declared weight, magnetic suspension for trains was first pro­ set of guidelines for businesses to adopt measure or numerical count and be filled as posed in 1905 and patented in 1912. in response to and in anticip~tion of con­ full as practicable in accordance with good The essence of Salter's idea is to dlg a sumer demands. business practices. Packages should be de­ tunnel, roughly along the present routes of The significant factor is that this signed to: U.S. Highways 66 and 30. The tunnel would council is composed of some 100 business 11. Protect the quality and form of the contain several large tubes for the east-west executives who are committed to de­ product, travel of single car trains, big enough for 12. Protect the persons who come into con­ passengers and freight. The cars would fioat veloping positive action programs for on magnetic fields, moving at top speeds of consumers. tact with the product during use, storage, The council was created by President maintenance and disposal, 10,000 m.p.h. 13. Offer sufiicient variety to serve the He envisions intermediate stops at Ama­ Nixon in August of 1971. As an advisory va.rylng needs of consumers without unnec­ rlllo, Tex., and Chicago on the main Une, council, the members report to the Presi­ essarily compltca.ting selection. with subsidiary lines branching rrom the two dent and other Federal departments and Finally, for the benefit of society in general, main terminals. agencies through Secretary of Com­ businesses should conserve natural resources One drawback to the Salter system is merce Peter G. Peterson. I would like to in the original package, encourage reuse of the enormous cost of tunneling across the place in the RECORD the NBCCA report. both packaging materials and packages them­ United States, but, he said, "after the tun­ selves, and, minimize pollution in the dis­ neling was finished, everything else would The report follows: be practically free." GUIDING PRINCIPLES FOR RESPONSIBLE posal process. PACKAGING AND LABELING PREAMBLE NEW YORK TO LOS ANGELES-ONE­ It is our intellit that these guiding prin­ HALF HOUR ATOMIC ENERGY COMMISSION ciples be given the broadest possible appli­ APPROPRIATION cation wherever they would assist the con­ sumer in making his purchase or use deci­ HON. J. J. PICKLE sion and wherever the value received by HON. GUY VANDER JAGT consumers from their application exceeds OF TEXAS the cost of their implementation. We urge IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN industry associations and individual busi­ Monday, June 26, 1972 IN THE HOUSE OF REPRESENTATIVES nesses to develop specific pollcies and manu­ Monday, June 26, 1972 facturing practices consistent with these Mr. PICKLE. Mr. Speaker, in our vast principles. search for ways to transport people Mr. VANDER JAGT. Mr. Speaker, in Packages and labels should meet the con­ through the air, on the ground, or by regards to the legislation we are consid­ sumer's need for useful informart;ion to fa­ water with better efficiency, a Rand ering today relative to appropriations for cilitate value comparison prior to purchase the Atomic Energy Commission, I would and to promote the economical and safe use Corp., physicist has come up with a new of the product after purchase. The informa­ approach-transportation under the like to make several observations con­ tion should be presented in a clear and con­ ground. cerning funds for the liquid metal fast spicuous manner. The seller or suppller Here, importantly, there is no need to breeder demonstration plant. should be able to document adequately all plow through or thunder over our cities I am aware of the AEC statement that performance, safety or economy claims listed or our remaining open spaces. Here there early introduction of the LMFBR will or depicted on the package or label. is power-through the use of magnetic save the United States $20 billion over More specifically, businesses should pro­ fields-which will not spew noxious gases the next 50 years and that every year of vide the following information on packages or labels of consumer products unless the into our air. And here is speed such as delay will cost $2 billion. I am also aware provision of such information would be we seldom imagine for travel on earth that there has been disagreement with clearly irrelevant within the context of the itself-10,000 miles per hour is the top this conclusion by Dr. Thomas Cochran total circumstances surrounding the sale. speed of the magnetically floating tunnel of "Resources for the Future" and others 1. The identity of the product by its com­ trains this scientist conceived. who conclude that the LMFBR would not mon or usual name, description, generic As he openly admits, the main draw- be competitive with other forms of power term, or the like, back is the enormous cost of tunneling production. The question of commercial 2. The net quantity of the product in terxns of weight, measure, size, or numerical clear across the United States. But after practicality of the LMFBR must be given count, that, "everything else would be prac­ careful consideration. 3. The name and address of the manu- tically free." The cost of transcontinental It is my understanding that the AEC is facturer, packer or distributor, train trip would be $50. having a difficult time in locating private 4. A prominent warning of imminent haz­ The whole thing boggles the imag­ funds to help finance the LMFBR dem­ ards inherent with the use, maintenance, ination. It sounds like something out of onstration plant. This reluctance on June 27, 1972 EXTENSIONS OF REMARKS 22765 the part of private industry may stem in ophy in mind, friends and relatives of civic, military, and charitable work, but part from doubt as to the breeder's Robert Crown, eldest son of Henry in business as well. commercial feasibility and in part from Crown, set up a memorial in 1970 as a He played an important role in busi­ the knowledge that the Government is tribute to his memory, including schol­ ness in Chicago and in other parts of so committed to the LFMBR program arships to sons of Navy or Marine en­ the country. He served as an executive that if industry does not contribute the listed personnel from the Ninth Naval omcer of a number of successful enter­ project will still not be scrapped. In­ District, Great Lakes. prises and was on the board of directors stead, Government will finance the pro­ In 1971, the Great Lakes Naval Re­ of many leading business organizations. gram alone. serve Training Center established the I am proud to join today in paying I am somewhat concerned that we may Capt. Robert Crown Memorial Trophy honor and tribute to the late Capt. Rob­ be overemphasizing breeder technology system to reward outstanding efforts in ert Crown. I am sure that all of us as at the expense of other energy sources. U.S. Naval Reserve units and individual Americans will also want to express our The breeder is justified by AEC be­ performances. gratitude to the Crown family for this cause research is the furthest advanced, These very commendable steps to hon­ generous contribution to our Naval with the probable exception of solar en­ or the memory of Capt. Robert Crown Academy at Annapolis. ergy. Yet the first breeder demonstra­ are a reflection of the high degree of re­ Mr. Speaker, the philosophy of the tion plant will not be built until 1980. spect so many people had for his dedi­ Crown family is known to all of us in Significant use will not be achieved until cation. Chicago, but it should be known to all the mid-1990's. It may be that longer But the construction of the Robert of the people of America, for indeed this periods would be required for the devel­ Crown Center at the Naval Academy ful­ is a family that over the years has con­ opment of other power sources, but ade­ fills in a living way the high regard that sistently endowed worthwhile projects as quate funding might bring them into ex­ he had for career officers of the Navy part of their deep commitment to human istence within that same time frame. and their impressive contribution to our dignity. Fusion, for example, is not adequately entire Navy, including the Reserve com­ Chicago has a long list of inspiring funded because it is deemed to be too ponents. projects in the field of art, education. far in the future. It may be t'Oo far in Adm. Elmo R. Zumwalt, Jr., Chief of medicine, medical research, the perform­ the future because it is not adequately Naval Operations, U.S. Navy, announced ing arts, aid to less fortunate citizens, funded. on May 4, 1972, plans for construction of and special programs for young chil­ AEC argues that the LMFBR is neces­ the Robert Crown Center at Annapolis. dren-all endowed by the Crown family, sary to protect our uranium reserves. It When completed in July 1973, the cen­ which has generously shared its own has at the same time embargoed all for­ ter located along the Severn River­ fortune with the community. eign uranium sources because the domes­ Chesapeake Bay sailing area will house The Crowns have been a source of tic market is soft. It would seem to me the intercollegiate Sailing Hall of Fame inspiration to decent people for more that during a period of low prices it with its trophies and memorabilia from than three decades. might be reasonable to stockpile uranium famous U.S. Navy sailing ships. It will They have carved for all of us as from foreign sources to protect America's provide facilities for Academy activities Americans a new dimension of commit­ future supplies. in connection with plebe summer cruises, ment by those more fortunate to those I would hope that AEC would give the sailing courses which every midshipman less fortunate among us. The Crown most careful consideration to these ob­ is required to take, and the Academy's family is legend in Chicago, because of its servations. America's future and envi­ program of variety and intramural sport deep commitment to the common good. ronment must be protected. sailing. In addition, it will be used for It is typical of the Crown family to seek meetings of various sailing organizations, out a need at the Naval Academy in including collegiate groups and regatta Annapolis and then in a very inspiring committees. ·manner, with their own financial re­ A TRIDUTE TO CAPT. ROBERT The center, designed by Ellerbe Archi­ sources, fill that need for the Academy. CROWN, U.S. NAVAL RESERVE tects of St. Paul, Minn., will be a central It is a blessing that the Crown family point of interest for more than 1 million had arranged for the construction of this tourists who visit the Academy each year. Robert Crown Center at Annapolis. My HON. ROMAN C. PUCINSKI Captain Crown served on active duty colleagues will ur..derstand when I say OF ILLINOIS with the Navy in the Pacific, Philippine, that prospects for building such a center, IN THE HOUSE OF REPRESENTATIVES and American theaters from 1942 to so urgently needed, would be most slim 1946. After World War II, he returned to it it had to wait for Government funds. Monday, June 26, 1972 civilian life, retained his Naval Reserve This is why I wanted to call this gen­ Mr. PUCINSKI. Mr. Speaker, it is my commission, and served as a member of erous act by the Crown family to the privilege to advise the House today that Greater Chicago area. attention of my colleagues. May this un­ ground will be broken early next month He was twice recipient of the Secretary selfish act by the Crown family rekindle for the new Robert Crown Center at the of the Navy's Distinguished Public Serv­ our respect and appreciation for our U.S. Naval Academy at Annapolis, Md. ice Award, the highest honor the Navy fellow Americans. For indeed, the The two-story salling center with can bestow on a civilian, for his work in ·crowns prove again that people do care docks and anchorage basin is being built behalf of the Navy after the war. and that within their means, try to fill in memory of the late Capt. Robert From 1961 to 1963, he served two terms the needs of our Nation. Crown, U.S. Naval Reserve, as a gift to as national president of the Navy League God grant that there will be many the Academy by the Crown family of of the United States, a civilian organiza­ more Crown families in America with Chicago. tion espousing the doctrine of mainte­ their deep dedication of building monu­ At the time of his death on July 6, nance of U.S. maritime strength. ments to their ideals. The Capt. Robert 1969, Captain Crown commanded an or­ Capt. Robert Crown was born in Chi­ Crown Center will be such a monument. ganized reserve training unit at the cago, the son of Col. Henry Crown and Great Lakes Naval Training Center, the late Rebecca Kranz Crown. He mar­ Great Lakes, Til. ried Joanna Strauss of North Manches­ UNION CARBIDE AND WASIDNGTON Captain Crown's philosophy was at­ ter, Ind., and had two daughters and a WORKSHOPS: AN INVESTMENT IN tuned to the idea that a civilian military son. Robert Crown attended the Univer­ AMERICAN YOUTH force must be built around the nucleus sity of Arizona and graduated with a of the professional career men whose BA degree from Northwestern University studies at the academies and active ex­ in 1942. HON. HENRY P. SMITH III perience qualify them for the higher A young and dynamic leader, Captain OF NEW YORK ranks in the service. To this end he pur­ Crown was highly respected in commerce IN THE HOUSE OF REPRESENTATIVES sued the belief that civilian defense of and industry. His inquiring mind and the Nation cannot be abandoned, no executive ability led him into many areas Monday, June 26, 1972 matter how great the desire for peace of interest and position of leadership. He Mr. SMITH of New York. Mr. Speaker, maybe. was one of that new breed of young at a time in American history when Since his death, and with this philos- executives actively engaged not only in youth 1s involved in the political process 22766 EXTENSIONS OF REMARKS June 27, 1972 as never before, especially in view of the nett, Hon. Joseph L11!, Hon. Robert C. Meade, stons of the CEQ Guidelines which we feel passage of the 26th amendment, I should Hon. Michael J. Tully, Jr., Hon. Sol Wachtler, deserve clarification in a general memoran­ like to bring to my colleagues' attention Hon. Jack Weinstein. dum. a fine program that convenes this week Joseph T. Borzell, :Mrs. Maro Charno, Rob­ Agencies should consider the extent to ert E. Cohen, Jeff L. Flowers, Mrs. Martin which the issues discussed in this memoran­ and has served young Americans and Gilbert, Mrs. M. Robert Goldstein, Hon. dum and Chairman Train's memorandum of our Nation since 1967. This program is JosephS. Grasso, Mrs. Joseph S. Grasso, Ger­ February 29 are adequately dealt with under the series of study seminars in American ald Houck, Mrs. Andrew J. Imperatore, Hon. their existing NEPA procedures. In many government sponsored by the Wash­ David H. Isacson, Mrs. David H. Isacson, Mrs. cases, actual revision of NEPA procedures ington Workshops Foundation in con­ Fred Levitan, Hon. Seymour G. Mackler. InaY not be necessary. In other cases, pro­ junction with Mount Vernon College of Mrs. Seymour G. Mackler, Howard C. Mis­ cedures or practices may have to be modified. kin, Leonard Motchkavitz, Hon. Frank Neu­ Agencies are requested to inform the Council Washington. bert, John Post, Aaron Pyle, John H. Reed, of the action they take in response to these I am particularly pleased to note that Jr., Hon. Joseph G. Rose, Mrs. Joseph G. Rose, recommendations. in this year of newly enfranchised youth Morton A. Shapiro, Mrs. Aida Snow, Werner TIMOTHY ATKESON, voters, the Union Carbide Corp. seeks to Stein, Herman Sussman, Louis M. Wolf. General Counsel. involve Americans in this seminar series In cooperation With: Alert Fire Company, by generously offering scholarships to a Great Neck Park District; Great Neck Police RECOMMENDATIONS FOR IMPROVING AGENCY number of qualified high school students. Boys Club, and Great Neck Vtllage Business NEPA PROCEDURES Association. These scholarships, giving the recipients A. Substantive Issues: The Required Con­ a firsthand study of American govern­ HOSTESSES tent of Environmental Statements. ment through participation in the Wash­ Mary DUHey, Sue Friedman, Barbara Im­ 1. Duty to Disclose Full Range of Impacts. ington workshops seminars, are awarded peratore, Lauria Imperatore, Ann Lauria Court decisions under the National En­ Wenzel, Sue Wenzel. vironmental Polley Act have establlshed that to exceptional students representing the the "detailed" statement referred to in sec­ Union Carbide plant communities across tion 102 of the Act must thoroughly explore the Nation. THE COUNCU. ON ENVIRONMENTAL all known environmental consequences of Among the group of students selected QUALITY'S "102 MONITOR" and alternatives to major proposed actions this year is one of my constituents, Miss even though this may lead to consideration Cathy Costantino of Lewiston, N.Y. of effects and options outside the agency's Cathy has just completed her junior year HON. JOHN D. DINGELL actual control. at Madonna High School, and I con­ OF MICHIGAN Viewed as simply an application of NEPA's gratulate her on being chosen as a 1972 IN THE HOUSE OF REPRESENTATIVES "f~ll disclosure" requirement, this basic prmciple is meant to ensure that relevant Union Carbide scholar to the Wash­ Monday, June 26, 1972 ington Workshops Congressional Semi­ officials and the publlc are alerted to the Mr. DINGELL. Mr. Speaker, so that environmental impact of Federal agency nar. Young citizens such as Cathy are action. See EDF v. Corps of Engineers, 2 ERC indeed deserving of such an honor and my colleagues may be aware of the in­ 1260, 1267 (E.D. Ark. 1971). formation therein contained, I ask that refiect a continuing faith in our political Furthermore, the range of impacts which system. the text of the June 1972 issue of the must be considered cannot be limited to the I find it gratifying to realize that Council on Environmental Quality's "102 traditional area of agency jurisdiction or ex­ through the efforts of Union Carbide and Monitor" appear at this point in the pertise. NEPA in essence adds a new mandate the Washington Workshops, young CONGRESSIONAL RECORD. to the enabling legislation of all agencies, Americans are recognized for their ex­ The text follows: requiring the development of environmental [From 102 Monitor, May 16, 1972] awareness for the full range of impacts of cellence and leadership potential while proposed agency action. By falllng to discuss enrolled in a creative and successful pro­ COUNCU. ON ENVIRONMENTAL QUALITY ISSUES SUPPLEMENTAL GUIDANCE TO AGENCIES FOR reasonably foreseeable impacts or by discuss­ ing those impacts in a perfunctory manner, gram that highlights a better under­ IMPROVING AGENCY NEPA PROCEDURES standing of the human quality of Amer­ an agency defeats the purpose of the state­ ican government. (The folloWing is the full text of a mem- ment and lays- itself open to the charge of orandum making recommendations to im­ non-compliance with the Act. See, e.g., Cal­ prove agency NEPA procedures issued by vert Cliffs v. AEC, 2 ERC 1779, 1782 (D.C. F'IF"IIETH ANNIVERSARY OF CEQ May 16, 1972.) Cir. 1971) (purpose of statement is to aid GREAT NECK, N.Y. MEMORANDUM FOR AGENCY AND GENERAL COUN­ agency in its decision and to fully inform SEL LIAISON ON NATIONAL ENVmONMENTAL other interested agencies and the public of POLICY ACT (NEPA) MATTERS environmental consequences); EDF v. Corps HON. LESTER L. WOLFF Subject: Recommendations for Improving; of Engineers, 2 ERC 1260, 1267 (E.D. Ark., OF NEW YORK Agency NEPA Procedures. 1971) (statement must alert President, CEQ, public, and Congress to aU known possible IN THE HOUSE OF REPRESENTATIVES In response to a variety of agency in­ quiries, we are circulating the attached rec­ environmental consequences); EDF v. Har­ Monday, June 26, 1972 ommendations for improving agency NEPA din, 2 ERC 1425, 1426 (D D.C. 1971) (agency must undertake research in planning stage Mr. WOLFF. Mr. Speaker, on Sunday, procedures, taking particular account for judicial decisions construing NEPA. In a adequate to expose potential environmental June 4, I had the pleasure and privilege previous memorandum dated February 29, impact); Ely v. Velde, 3 ERC 1286 (4th Cir. of attending the 50th anniversary cele­ 1972 (a copy of which is also attached) 1971) (genuine rather than perfunctory com­ bration of the incorporation of the vil­ Chairman Train drew attention to the con­ pllance with NEPA requires agency to ex­ lage of Great Neck, N.Y. tinuing need for reviewing and improving plicate fully its course of inquiry, its anal­ As a resident of this community and as agency NEPA procedures and made two basic ysis and its reasoning); NRDC v. Morton, 3 its elected representative here in Wash­ recommendations: ERC 1558, 1562, (D.C. Cir. 1972) (statement ington, I was deeply honored to be able 1. "In particular we are interested in find­ is for the guidance of ultimate decisionmak­ ing ways of consolidating numbers of impact ers-Congres:; and the President--as well as to present to the village of Great Neck statements into fewer but broader and more agency, and must provide discussion of all on this occasion a fiag which had been meaningful reviews." reasonable alternatives); Greene County v. fiown over this building. I want my col­ 2. "On the matter of applying the NEPA FPC, 3 ERC 1595, 1600 (2d Cir. 1972) (state­ leagues in the House to know that this statutory language 'major Federal actions ment must present "a single coherent and fiag will be fiown proudly over Great significantly affecting the quality of the hu­ comprehensive environmental analysis"). Neck. man environment' to your particular agency In order to ensure full compliance With In addition to the formal presentation programs and pinpointing the precise timing this requirement it is desirable that agencies of the NEPA review and interagency con­ develop in advance a list of the typical im­ ceremonies, a delightful program of fes­ sultations called for, your agency procedures pacts of those classes of actions that the tivities had been arranged in the spirit must provide the specifics Within the frame­ agency regularly takes. In developing such a of the 1920's, the era of the village's in­ work of the statute and our Guidelines. list, agencies are reminded that impacts in­ corporation. These procedures are important both in clude not only direct effects, but also sec­ At this point in the RECORD, I list those helping to identify the types of action on ondary effects such as "the effect of any pos­ who contributed to make this event such which impact statements are likely to be sible change in population patterns upon the resource base, including land use. water, an overwhelming succe~s. necessary and those where statements are not The list follows: called for." and public services, of the area in question." In addition to agency inquiries about the CEQ Guidelines § 6 (a) ( 11) . COMMITTE!: effect of court decisions, a number of agen­ By giving consideration to such impacts Hon. George Mutterperl, Chairman. cies have raised procedural questions relat­ agt'noies ~=:bould also be able to devPlop an Honarary Chairmen: Hon. Bertram Har- ing to the interpretation of existing provi- increasingly specific set of standards for June 27, 1972 EXTENSIONS OF REMARKS 22767 determining what constitutes "major,'' en­ (2) (C) requires that responsible officials of sible agency environmental impacts which vironmentally "significant" actions. Applica­ all agencies prepare a "detailed statement" they contend will result from the proposed tion of euch standards to the normal range covering the impact of particular actions on agency action, then the § 102 statement of agency actions will make possible earlier the environment, the environmental costs should set forth these contentions and opin­ and more accurate identification of actions which might be avoided, and alternative ions, even if the responsible agency finds subject to the § 102 requirement. measures which might alter the cost benefit no merit in them whatsoever. Of course, the Recommendation # 1: Agencies should equation. 2 ERC at 1781-82. § 102 statement can and should also contain develop a list of the full range of impacts Similarly, in Natural Resources Defense the opinion of the responsible agency with likely to be involved in the typical types of Council v. Morton, the court observed that: respect to all such viewpoints. The record actions they undertake. This will require a The impact statement provides a basis for should be complete, EDF v. Corps of Engi­ listing both of typical agency actions af­ (a) evaluation of the benefits of the pro­ neers, 2 ERC 1260, 1267 (E.D. Ark. 1971). !ecting the environment, see, e.g., Forest posed project in light of its environmental Again the relevance of this requirement Service NEPA procedures, 36 Fed. Reg. 23670 risks, and (b) comparison of the net balance for agency NEPA procedures is primarily a ( 1971), as well as a list of related, potential for the proposed project with the environ­ matter of ensuring that opposing views are impacts, see, e.g., Water Resources Council mental risk presented by alternative courses fairly treated and discussed in the process of "Proposed Principles ... ," 36 Fed. Reg. of action. 3 ERC at 1561. preparing draft and final statements. 24159-62 (1971). This description of poten­ These judicial comments do not, however, Recommendation #3: Agencies should tial impacts will help guide officials respon­ detract from the primary purpose of the 102 make an effort to discover and discuss all sible for preparation of impact statements statement: the assessment of the environ­ major points of view in the draft statement by ensuring that critical impacts are not mental effects of possible actions. NEPA was itself. Where opposing professional views and overlooked and by making possible earlier, enacted out of a concern that environmental responsible opinions have been overlooked more accurate identification of "major," en­ considerations were not being fully can­ in the draft statement and are brought to the vironmentally "significant" actions. vassed before action, and the purpose of Sec­ agency's attention through the commenting 2. Duty to "Balance" Advantages and Dis­ tion 102(2) (C) is primarily to require a "de­ process, the agency should review the posi­ advantages of the Proposed Action. tailed statement" of environmental effects. tive and negative environmental effects of Inherent in the duty imposed on any Where an agency's proposal entails adverse the action in light of those views and should agency by NEPA to promote environmental environmental consequences, the 102 state­ make a meaningful reference in the final quality is the obligation to weigh the possi­ ment must identify the countervailing in­ statement to the existence of any respon­ ble environmental effects of a proposal terests that would support a decision to go sible opposing view not adequately discussed against the effects on other public values ahead. This does not mean that the state­ in the draft statement with respect to ad­ the agency is mandated to consider. If the ment may be used as a promotional docu­ verse environmental effects, indicating the environmental effects are adverse, the agency ment in favor of the proposal, at the expense agency's response to the issues raised. All must consider whether they outweigh the of a thorough and rigorous analysis of en­ substantive comments received on the draft benefits of the proposal in deciding whether vironmental risks. In most cases it may be should be attached to the final statement, to go ahead. This implicit requirement is impossible and unnecessary to discuss the whether or not each such comment is thought confirmed by the directive of Section 102(2) countervailing interests in the same detail to merit individual discussion by the agency (B) that agencies develop methods for giv­ as environmental factors. The court in the in the text of the statement. At the same time ing "presently unquantified environmental Morton case observed that "the considera­ that copies are sent to the Council, copies of amenities and values ... appropriate con· tion of pertinent alternatives requires a final statements, with comments attached, sideration in decisionmaking along with weighing of numerous matters, such as eco­ should also be sent to all entities-Federal, economic and technical considerations." nomics, foreign relations [and] national se­ State and local agencies, private organiza­ However, NEPA does not specify whether curity . . ." 3 ERC at 1561. A detailed dis­ tions and individuals-that made substan­ this balancing of environmental and other cussion of each of these subjects could re­ tive comments on the draft statement, thus considerations must be spelled out in the en• quire as much space as the environmental informing such entities of the agency's dis­ vironmental impact statement under Se'..:­ analysis itself, destroying the focus of the position of their arguments. tion 102{2) (C). Each of the five items ex­ 102 statement and undercutting the purpose 4. Reasonable "Alternatives" to the Pro­ pressly required to be included in the state­ of NEPA. What is necessary is a succinct ex­ posed Action. The recent decision in NRDC ment relates to environmental effects--ex­ planation of the factors to be balanced in v. Morton, supra, discussed the "full disclo­ cept the third, which does not specify what reaching a decision, thus altering the agency sure" requirement in relation to the require­ type of information should be given about decisionmaker, as well as the President, Con­ ment that agencies consider the "alterna­ gress, and the public to the nature of the "alternatives to the proposed action." From tives" to the proposed action. See also EDF the bare language of Section 102(2) (C), it interests that are being served at the expense of environmental values. v. Corps of Engineers, 2 ERC 1260, 1269 (E.D. is not wholly clear whether the 102 statement Ark. 1971) (discussing respects in which con­ is to catalog only the environmental effects Recommendation #2: Wherever adverse sideration of alternatives in proposed dam of the proposed action and of alternatives, environmental effects are found to be in­ volved in the proposed action, the impact project was legally deficient) . The most sig­ or whether the statement is to discuss all of nificant aspect of the Morton decision is the the important considerations bearing on the statement should indicate what other in­ terests and considerations of Federal policy court's conclusion that all alternatives rea­ wisdom of the proposed action. sonably available to the Government as a The legislative history suggests that Con­ might be found to justify those effects. The statement should also indicate the extent whole must be discussed--even if some of gress did expect the 102 statement to record those alternatives are outside the control the agency's trade-offs of competing values. to which these stated countervailing bene­ fits could be realized by following reason­ of the agency preparing the statement. Dis­ In explaining the bill on the Senate floor, cussion of suoh alternatives is required in designed to insure that in instances where able alternatives to the proposed action that would avoid some or all of the adverse en­ order to guide the decision at hand as well Senator Jackson said: as to inform the public of the issues and Subsection 102(c) establishes a procedure vironmental effects. In this connection, agencies that prepare cost-benefit analyses of to guide the decisions of the President and proposed major Federal action would have Congress. a significant impact on the environment that proposed actions should attach such analyses to the environmental impact statement. The court in this case was careful, how­ the impact has in fact been considered, that ever, to emphasize that it was not requiring any adverse effects which cannot be avoided 3. Duty to Consider Opposing Views. In Committee for Nuclear Responsibility v. the impossible. "A rule of reason is implicit are justified by some other stated consider­ in this aspect of the law, as it is in the re­ ation of national policy, that short-term uses Seaberg, 3 ERC 1126 (D.C. Cir. 1971), the Court of Appeals considered the duty to dis­ quirement that the agency provide a state­ are consistent with long-term productivity, ment concerning the opposing views that and that any irreversible and irretrievable cuss opposing views under NEPA. The Court observed that in order for the 102 statement are responsible." 3 ERC at 1561 (citing Com­ commitments of resources are warranted. mittee for Nuclear Responsibility, Inc. v. 115 Cong. Rec. 29055 (Oct. 8, 1969). (Em­ to meet adequately the "full disclosure" re­ quirement, it must "set forth the opposing Seaborg, 3 ERC 1126, 1128-29 D.C. Cir. 1971)). phasis added.) What NEPA requires is "information suf­ This interpretation is supported by several views" on significant environmental issues raised by the proposal. To omit from the ficient to permit a reasoned choice of alter­ statements in court decisions. In the Calvert natives so far as environmental aspects are Cliffs case the court stressed the neccessity statement any reference whatever to such tor "balancing" under NEPA and the role of views would be "arbitrary and impermissi­ concerned." 3 ERC at 1563. Detailed discus­ the 102 statement in showing how the bal­ ble." Again, however, the court noted that sion is not required of alternatives that "are ancing with done: "only responsible views need be included." deemed only remote and speculative possi­ In some instances environmental costs may What is required is "a meaningful reference bilities, in view of basic changes required outweigh economic and technical benefits that identifies the problem at hand" for the in statutes and policies of other agencies." 3 and in other instances they may not. But agency decisionmaker. 3 ERC at 1129. ERC at 1564. And the agencies need not in­ NEPA mandates a rather finely tuned and An earlier district court opinion stressed dulge in " 'crystal ball' inquiry" in assessing .,systematic" balancing analysis in each in­ this requirement in even stronger terms: the effects of alternatives. The agency will stance. Where experts, or concerned public or pri­ have taken the "hard look" required by To insure that the balancing analysis is vate organizations, or even ordinary lay cit­ NEPA if it has discussed the reasonably fore­ carried out and given full effect, Section 102 izens, bring to the attention of the respon- seeable effects with a thoroughness commen- 22768 EXTENSIONS OF REMARKS June 27, 1972 surate with their severity and the signifi­ velop means of alerting other agencies and calculate the time periods from the date the cance of the action. interested membeTs of the public to the fact statement is received at the Council on En­ The relevance of this decision for agency that a draft statement is being prepared. An vironmental QuaUty. This date will appear in NEPA procedures is primarily one of ensuring announcement to this effect, at least with the Council's weekly publication in the Fed­ that the reference to "alternatives" is inter­ respect to administrative actions, would eral Register of statements received during preted consistently with applicable judicial serve three useful functions: the past week as well as in the monthly 102 opinions: In most cases a judicial interpre­ ( 1) it would enable agencies and interest­ Monitor. In order to avoid future confusion tation of a statutory term does not require ed persons with relevant information to on this issue, agencies should ensure that an amendment of related documents employ­ make such information available in time their practices in calculating the minimum ing the term. Presumably the term will be for use in the draft statements; time periods reflect this policy. applied and interpreted by an agency in ac­ (2) it would provide advance notice of the In many cases, of course, a time lag will cordance with governing judicial decisions. fact that a draft statement will soon be still occur between the date of receipt of a However, in view of the importance of the available for comment; statement by the Council and the date of Morton decision and in view of the conflict­ (3) it would furnish evidence of the point receipt by other agencies or members of the ing practices of some agencies prior to the in time in the agency decisionmaking proc­ public. To some extent, the problems created decision, it seems preferable to expand the ess that the 102 process is initiated. by this delay can be avoided by adoption of reference to "alternatives" in agency NEPA Recommendation No. 5: Agencies should the early notice device described in Recom­ procedures at least to the extent of indicat­ devise an appropriate early notice system, by mendation No. 5, supra: such a device would ing that all reasonable alternatives wm be which the decision to prepare an impact enable potential commenting entitles to re­ evaluated, even though they may not all lie statement is announced as soon as is prac­ quest direct notification as soon as the draft within the agency's control. Such a revision ticable after that decision is made. (Compare statement is available. In large measure. would not add in any way to an agency's in this respect the "notice of intent" provi­ though, the problem of providing "timely current legal responsibilities, and might en­ sions contained in § 8b of the NEPA proce­ pubUc information," see Executive Order sure that officials preparing the statements dures of the Environmental Protection 11514, § 2(b), requires agency initiative in keep in mind the proper scope of alternatives Agency and the provisions for early public publicizing the fact that a draft statement 1s they must consider. notice contained in paragraphs 12 and 14 of available. Recommendation No. 4: Agencies should the NEPA procedures of the Corps of En­ Agencies should not rely solely on the fact indicate that all reasonable alternatives and gineers.) In connection with the develop­ of Federal Register publlcation by the Coun­ their environmental impacts are to be dis­ ment of such a procedure, an agency should cil, but should consider adopting such prac­ cussed, including those not within the au­ consider maintaining a list of statements tices as publication in local newspapers and thority of the agency. Examples of specific under preparation, revising the list as addi­ automatic notification of (and possible au­ types of alternatives that should be con­ tions are made and making the list avail­ tomatic distribution of statements to) orga­ sidered in connection with specific kinds of able for public inspection. nizations and individuals that the agency actions should be given where possible. Such 2. Draft Statement Reference to Underly­ knows are likely to be interested in the examples should include, where relevant: ing Documents. project. (1) the alternative of taking no action; The concern that underlies many of the Recommendation #7: Agencies should en­ (2) alternatives requiring actions of a judicial interpretations of the § 102 require­ sure that the minimum periods of review significantly different nature which would ment is one of ensuring that the 102 process and advance availa.bllity of statements are provide similar benefits with different en­ provides an adequate opportunity for com­ calculated from the date of receipt of the vironmental impacts (e.g., a fossil fuel v. a ment and participation by other agencies as statement by the Council on Environmental nuclear power plant); well as interested members of the public. Quality, as noted in the Council's Federal (3) alternatives related to different designs In addition, the requirement that agencies Register and 102 Monitor announcements. or details of the proposed action, which consider and respond to opposing views sug­ Agencies should also devise appropriate would present different environmental im­ gests that the 102 statement must consist of methods for publicizing the existence of pacts (e.g., pollution control equipment on more than simple assertions about expected draft statements, for example by pubUca.tion a nuclear plant). environmental impacts; the statement must in local newspapers or by maintainlng a Ust In each case, the analysis of alternatives also reflect the underlying information on of groups known to be interested in the should be sufficiently detailed and rigorous which those assertions are based. One of agency's activities and directly notifying to permit independent and comparative eval­ the primary reasons for the injunction is­ such groups of the existence of a draft state­ uation of the benefits, costs and environ­ sued in EDF v. Corps of Engineers, for ex­ ment, or sending them a copy, as soon as it mental risks of the proposed action and each ample, was the discrepancy between asser­ has been prepared. alternative. tions made in the impact statement and the 4. Actions Which Involve More than One B. Procedural Issues: Preparation and Cir­ evidence on which those assertions were Agency. culation of Environmental Statements. based. See ERC at 1267-69. This problem can Some confusion has arisen in applying the 1. The "Pre-Draft" Stage. largely be avoided by indicating in the draft "lead agency" concept to actions involving The issues discussed above with reference statement the basis relied on for assertions more than one agency. Section 5(b) of the to the required content of impact statements that are likely to prove controversal or de­ CEQ Guidelines provides that the lead necessarily have implications for the proce­ batable. agency is "the Federal agency which has pri­ dures that agencies follow in preparing such Recommendation No. 6: Draft statements mary authority for committing the Federal statements. It has already been noted, for should indicate the underlying studies, re­ Government to a course of action with sig­ example, that agencies should make every ports, and other information obtained and nificant environmental impact." This de­ effort to anticipate and discuss all major considered by the agency in preparing the scription of "lead agency" was not meant to points of view on the impact of the proposed statement. The agency should also indicate foreclose the posslbllity of having a state­ action in the draft statement itself. A related how such documents may be obtained. If ment prepared jointly by all agencies in­ procedural question concerns the extent to the documents are attached to the state­ volved in the program or project. The critical which agencies should formally seek advice ment, care should be taken to ensure that consideration is that the cumulative impacts from other agencies or members of the public the statement remains an essentially self­ of the entire project be evaluated, even prior to preparing a draft statement. contained instrument, easily understood by though each individual agency's action re­ The CEQ guidellnes do not require a for­ the reader without the need for undue cross­ lates only to a part of the project. In some malized "pre-draft" consultation process. reference. cases it will be most efficient for the agencies Indeed, the reason for requiring a draft state­ 3. Publication and Circulation of State­ lnvol ved to agree on a single lead agency to ments. ment in the first place was in order to prepare the statement on the entire project. satisfy the "prior consultation" requirement Section 10 of the CEQ guidelines empha­ obtaining assistance as necessary from the found in § 102 of the Act, which refer only sizes the importance of preparing and cir­ other agencies involved or from other to a "detailed statement." At the same time, culating draft statements "early enough in agencies with relevant expertise. Relevant however, in order for the draft statement to the agency review process before an action is factors in determining the proper agency to present an adequate basis for discussion and taken in order to permit a meaningful con­ assume such a role include: the time se­ comment, it must provide a fairly thorough sideration of the environmental issues in­ quence in which the agencies become in­ discussion of the impacts of the proposed volved. The Council has recently received volved in the project, the magnitude of their action and alternatives. Where an agency complaints from a number of agencies, as respective involvement, and their relative lacks the expertise for making such an eval­ well as from members of the publlc, that the expertise with respect to the project's en­ uation, lt should not hesitate to sollcit help minimum periods established for comment vironmental effects. But these criteria are and advance availability of statements are not absolute and do not foreclose either a on an informal basis from other agencies. being unduly shortened by the delay in ac­ Cooperative arrangements of this sort have cooperatively prepared statement, or ad­ tual receipt of the statement. Confusion ap­ vance agreement on designation of a "lead already been tried in a number of cases. pears to have developed over whether the agency" for purposes of ensuring leadership Furthermore, in preparing a draft statement time periods are to run from the date the and assigning responsibility. Whichever pro­ any agency should welcome whatever helpful agency mails the statement, or from the date cedure is followed, the two critical considera­ information may be forthcoming from other the statement is received by the commenting tions inherent in the provisions of Section agencies or from the publlc. group. 5(b) are: (1) evaluation of the entire proj­ In order for such information to be forth­ In accordance with § 10(b) of the CEQ ect; and (2) preparation of the 102 state­ coming, however, agencies would need to de- Guidelines, the Council's pollcy has been to ment before any of the participating agencies June 27, 1972 EXTENSIONS OF REMARKS 22769 has taken major or irreversible action with stage of investment or commitment to im­ meetings a number of questions concerning respect to the project. See Upper Pecos Ass'n plementation likely to restrict later alterna­ implementation of NEPA were raised in­ v . Stans, 2 ERC 1418 (lOth Cir. 1971), pet'n. tives. Preparation of program statements in formally to which CEQ responded. tor cert. pending, 40 USLW 3444 No. 71-1133, these cases should be in addition to prepa­ We recognize that a continuing effort must Mar. 6, 1972). ration of subsequent statements on major be made to improve agency NEPA procedures Recommendation #8: In resolving "lead individual actions wherever such actions and have assigned a significant staff effort agency" questions, agencies should consider have significant environmental impacts that to monitoring your agency's impact state­ the possibility of joint preparation of a state­ were not fully evaluated in the program ments with a view to identifying needs for ment by all agencies involved, as well as sta.tement. such improvement. We have also invited designation of a single agency to assume 6. Environmental Protective Regulatory public comment (36 Fed. Reg. 23666, Dec. 11, leadership responsibilities in preparing the Activit ies. 1971) on your procedures as an aid to this statement. In either case, the statement Section 5(d) of the CEQ guidelines indi­ improvement. In particular we are interested should contain an environmental evalua­ cates that certain activities of the Environ­ in finding ways of consolidating numbers of tion of the en tire project, and should be mental Protection Agency do not constitute impact statements into fewer but broader prepared before major or irreversible actions "actions" for purposes of Section 102. A num­ and more meaningful reviews. have been taken by any of the participating ber of agencies have been confused by the On the matter of applying the NEPA statu­ agencies. reference in this section to activities "con­ tory language "major Federal actions sig­ 5. Statements which Cover More than One curred" in by EPA. That reference is not nificantly affecting the quality of the hu­ Action. meant to permit agencies to avoid the 102 man environment" to your particular agency Related to the above problem, is the prob­ process merely because the views of the EPA programs and pinpointing the precise tim­ lem of determining the proper scope of an en­ have somehow been secured with respect to ing Of the NEPA review and interagency con­ vironmental impact statement in connec­ environmental aspects of proposed activ­ sultations called for, your agency procedures tion with Federal programs that may involve ities. must provide the specifics within the frame­ a multiplicity of individual "actions." Sec­ Additional confusion has been created by work of the statute and our Guidelines. These tion lO(a) of the CEQ Guidelines makes ref­ recent district court decisions, severely re­ procedures are important both in helping erence to the need for such "program" state­ stricting the applicability of § 5(d) with re­ to identify the types of action on which im­ ments in certain cases, and this topic was spect to regulatory activities taken by agen­ pact statements are likely to be necessary explored in some detail at our agency review cies other than the EPA. See Kalur v. Resor, and those where statements are not called sessions in December. In part, the problem 3 ERC 1458 (D. D.C. 1971); Sierra Club v. for. Our staff is available to assist your staff requires careful agency attention to the defi­ Sargent, 3 ERC 1905 (W.D. Wash. 1972). in strengthening your procedures, particu­ nition of the "action" that the agency is These cases are being appealed. In addition, larly where you can supply us with the neces­ undertaking. If the definition is too broad legislative proposals have been introduced sary information as to the nature of your and the program too far removed from actual seeking Congressional clarification of some of activity, the extent of potential environ­ implementation, the resulting analysis is the issues involved. In this respect, agencies mental impact, and the range of alternatives likely to be too general to prove useful. On should be aware of the testimony given by that ought reasonably to be considered. We the other hand, an excessively narrow defi­ Chairman Train on March 22, 1972 before the expect to start meeting with staffs of indi­ nition is likely to result in impact stat e­ Fisheries and Wildlife Conservation Subcom­ vidual agencies soon to review possibilities ments that ignore the cumulative effects of a mittee of the House Committee on Merchant for improvement of procedures to imple­ number of individually small actions, or that Marine and Fisheries: ment NEPA. come so late in the process that basic pro­ There has been some confusion about the We find that the courts are increasingly gram decisions are no longer open for review. Council's views on the Kalur decision and willing to sustain good faith agency efforts to Individual actions that are related either what clarification of NEPA's applicabillty to comply with NEPA and wlll, from time to geographically or as logical parts in a chain of environmental protective regulatory activity time, draw your attention to developments contemplated actions may be more appropri­ is necessary. In my opinion, the most narrow in this area. For the present I am asking our ately evaluated in a single, program state­ possible legislative action, addressed only to General Counsel to reclrcula te to your staff ment. Such a statement also appears appro­ the water quality permit program, is desira­ who serve as liaison with the Council on priate in connection with the issuance of ble. With respect to EPA's other environ­ NEPA matters the informal guidance we have rules, regulations, or other general criteria to mental protective regulatory activities we circulated since issuance of the Council's govern the conduct of a continuing program, are asking EPA to study and revise its NEPA Revised Guidelines last April. or in the development of a new program that procedures to state specifically what activ­ RUSSELL E. TRAIN, contemplates a number of subsequent ac­ ities and authorities are included under Sec­ Chairman. tions. Examples of such program statements tion 5(d) of our Guidelines and the rationale include the Interior Department's statements for such inclusion. SOURCES FOR ENVIRONMENTAL IMPACT on its oil shale program and on its exploita­ Recommendation No. 10: Except for the STATEMENTS tion of geothermal steam under the Geo­ Water Quality permit program, and those In order to receive more efficient and thermal Steam Act of 1970. In all of these activities of the Environmental Protection prompt service, requestors are urged to order cases, the program statement has a number Agency determined by EPA and the CEQ to draft and final impact statements from the of advantages. It provides an occasion for justify inclusion under Section 5(d) of the Department of Commerce's National Tech­ a more exhaustive consideration of effects and CEQ Guidelines, no other agency actions nical Information Service (NTIS) rather alternatives than would be practicable in a should be considered as exempted from the than the preparing agency. Each statement statement on an individual action. It ensures requirements of Section 102 under Section will be assigned an order number that will consideration of cumulative impacts that 5(d). appear in the 102 Monitor (at the end d! the might be slighted in a case-by-case analysis. summary of each statement) and also in And it avoids duplicative reconsidera-tion of EXECUTIVE OFFICE OF THE PRESIDENT, the NTIS semi-monthly Announcement basic policy questions. The program state­ Washington, D.O., February 29, 1972. Series No. 68, "Environmental Pollution and ment can, of course, be supplemented or up­ MEMORANDUM FOR HEADS OF AGENCIES Control." (An annual subscription costs $5.00 dated as necessary to account for changes and can be ordered from the NTIS, U.S. De­ in circumstances or public policy and to Subject: Continuing Effort to Improve Agency NEPA Procedures partment of Commerce, Springfield, Virginia measure cumulative impacts over time. 22151.) A program statement w111 not satisfy the The Council on Environmental Quality Re­ Final statements will be available in mi­ requirements of Section 102, however, if it is vised Guidelines far the implementation of crofiche as well as paper copy. A paper copy superficial or limited to generalities. Where the National Environmental Policy Act of any statement can be obtained by writing all significant issues cannot be anticipated or (NEPA) issued April 23, 1971, (36 Fed. Reg. NTIS at the above address and enclosing adequately treated in connection with the 7724) called for your agency's issuance of $3.00 and the order number. A microfiche program as a whole, statements of more lim­ NEPA procedures applying the Act's require­ costs $0.95. (Paper copies of documents that ited scope wlli be necessary on subsequent, ments to your particular programs. In vir­ are over 300 pages are $6.00.) individual actions in order to complete the tually all cases you have now issued draft NTIS is also offering a special "package" analysis. or final NEPA procedures for the relevant in which the subscriber receives all state­ Recommendation No. 9: In preparing components of your agency and are operat­ ments in microfiche for $0.35 per statement. sta.tements, agencies should give careful at­ ing under them. Statements will stlll be available for pub­ tention to formulating an appropriate defi­ Section 12(b) of the Council's Guidelines lic scrutiny in the document rooms of the nition of the scope of the project that is the asked that you make a continuing assess­ various agencies. However, only limited subject of the statement. In many cases, ment of your experience in the implementa­ copies will be available for distribution. broad program statements will be appropri­ tion of NEPA and comment to us in writing Yet another possible source of statements ate, assessing the environmental effects of by December 1, 1971. In order to respond to is from the Environmental Law Institute, a number of individual actions on a given those few agencies filing such comments 1346 Connecticut Avenue, N.W., Washing­ geographical area, or the overall impact of a and review general agency experience with ton, D.C. 20036. To order a document, please large-scale program or chain of contemplated NEPA, the staff of the Councll, OMB and indicate

made by USDA, DOC, DOD, EPA, HEW, HUD, to 45 t.p.d. of S02; 36 t.p.d. of NOx; and 0.9 pumps and 40 miles of distribution pipe, in and nor. (ELR Order # 4497, 61 pages) to 1.4 t.p.d. particulates. Comments made by order to provide water for irrigation on 5,340 (NTIS Order #EIS 72 4497 F), May 19. USDA, AEC, EPA, HEW, and state and local acres, as well as fqr domestic use. Approxi­ DEPARTME.NT OF HOUSING AND URBAN agencies (ELR Order No. 4462) (NTIS Order mately 1,810 of the acres are presently irri­ DEVELOPMENT No. PB-198 736-F) , May 15. gated, the remainder dry-fanned. Sixteen Contact: Mr. Richard H. Broun, Director, Federal Mine Health and Safety Academy, acres will be required for right-of-way. Com­ Environmental and Land Use Planning Dl- West Virginia. The statement is concerned ments made by EPA, HEW, and DOT. (ELR 22774 EXTENSIONS OF REMARKS June 27, 1972 Order No. 04541) (NTIS Order No. EIS 72 acres of farm land and 65 linear miles of tion as a general utility airport to handle all 4541F) , May 24. ditch with 2,4-D herbicide. The purpose of propeller aircraft of less than 12,500 lbs. One Palmetto Bend Project, Jackson County, the action is the elimination of marijuana hundred acres of la.nd will be committed to Texas. Proposed construction of a 12.3 mile in Pulaski County. The loss of cover for birds the project; one residence will be displaced. long, 64' high earthfill dam on the Navidad and other fauna will result; 2,4-D is slightly Comments made by USDA, EPA, DOl, DOT, River. The purpose of the project is the sup­ toxic to humans and animals. (ELR Order state and local agencies. (ELR Order No. 4332, ply of industrial and municipal water. Ap­ No. 4390, 9 pages) (NTIS Order No. PB-208 66 pages) (NTIS Order No. PB-204 959-F), proximately 18,400 acres ( 11,300 of which will 868-D), May 8. May 1. be inundated) will be committed to the proj­ FINAL Greensboro Airport, Greene County, Geor­ ect; 40 miles of free-flowing stream will be Marijuana Eradication Project, Pulaski gia. Proposed construct:on of a 10ew basic inundated; 9 families will be displaced; fresh County, Indiana. Proposed spraying of 65 utility airport capable of accommodating 95% water inflow to the Matagorda estuary will be acres of farm land and 65 linear miles of of ,propeller-driven aircraft weighing less than altered; fish and shell-fish nursery areas will ditch with 2,4-D herbicide. The purpose of 12,500 lbs. Thirty acres of land would be com- be impaired; habitat for such endangered the action is the elimination of marijuana •mitted to the project. Comments made by species as the Texas red wolf, the American in Pulaski County. The loss of cover for birds USDA, EPA, and DOl. (ELR Order No. 4459) alligator, the Southern bald eagle, the Pere­ and other fauna will result; 2,4-D is slightly (NTIS Order No. EIS-206 575-F), May 15. grine falcon, and the Attwater prairie chicken toxic to humans' and animals. (ELR Order Blue Ridge Airport, Fannin County, Geor­ will be lost. Comments made by USDA, COE, 4457) (NTIS Order No. PB-208 868-F), May gia. Proposed construction of a new basic DOC, EPA, EPC, HEW, DOl, OEO, DOT, state, 15. utllity airport adequate for 95 % of propeller­ local, and regional agencies. (ELR Order NATIONAL AERONAUTICS AND SPACE driven aircraft weighing less than 12,500 lbs. 04545 86 pages) (NTIS Order No. EIS 72 ADMINISTRATION Eighty-five acres would be committed to the project; 11 families would be displaced. Com­ 4545F) , May 24. Contact: Mr. Ralph E. Cushman, Special National Park Service ments made .by EPA, DOl, and state and local Assistant, Office of Administration, NASA, agencies. (ELR Order No. 4460) (NTIS Order DRAFT Washington, D.C. 20.546, (202) 962-8107. No. EIS-206 864-F), May 15. Grant-Kohrs Ranch National Historic Title and description, date. Effingha.m Airport, Effingham County, Illi­ Site, Montana. The statement is concerned FINAL nois. Proposed acquisition of land and con­ with a legislative proposal to establish the Skylab Program. The statement considers struction of a 3400' x 60' runway; installa­ Ranch as a National Historic Site. The Ranch the environmental impact of the Skylab tion of runway lights and VASI-2, etc. Com­ would serve as a visible interpretation of the Program, a post-Apollo manned flight pro­ ments made by USDA, DOC, EPA, HEW, DOl, range cattle industry, especially in its fron­ gram. Three separate long-term research DOT, state and local agencies. (ELR Order tier aspects. (ELR Order #4374, 16 pages) fiights will be made, each involving 3 man # 4355, 37 pages) (NTIS Order # PB-205 (NTIS Order #PB-208 872-D), May 5. crews, with space vehicles being launched 790-F) , May 3. Back Bay National Wildlife Refuge, Vir­ from the John F. Kennedy Space Center. Sat­ Ottumwa Airport, Wapello County, Iowa. ginia Beach, Virgin·ia. Proposed elimination urn V and Saturn IB launch vehicles will be Proposed acquisition of land for the installa­ of unauthorized motor vehicles from the used. Comments made by EPA. (ELR Order tion of ILS and ALS. One family will be dis­ Refuge. The action is intended to preserve # 4518, 12 pages) (NTIS Order # EIS 72 placed •by the project. Comments made by 4.2 miles of natural beach and wildlife habi­ 4518 F), May 23. USDA, DOC, EPA, DOl, and state agencies. tat in an essentially natural condition. (ELR Order # 4329, 18 pages) (NTIS Order (ELR Order 4337, 45 pages) (NTIS Order DEPARTMENT OF TRANSPORTATION Contact: Mr. Martin Convisser, Mr. Convis­ # PIB-207 235-F) , May 1. #208 662-D), May 1. Fremont Airport, Newaygo County, Michi­ Fossil Butte National Monument, Wyo­ ser's office will refer you to the regional of­ fice fr.om which the statement originated. gan. Proposed acquisition of land and ex­ ming. The statement is concerned with a pansion of existing facUlties. A new 5500' x legislative proposal to establish an 8180 acre (See page 83a) Director, Office of Program Co-ordination 400 7th Street, S.W. Washing­ 100' N/S runway would be built along with Fossil Butte National Monument. The area a terminal building; an existing runway is one of the largest concentrations of fos­ ton, D.C. 20590 (202) 426-4355. Title and description, date. would be extended, V ASI, REIL, and medium silized fresh water fish in the nation. (ELR intensity lighting installed, and utlltream will be channelized. A 4(f) USDA, USCG, EPA, HEW, HUD, DO!, OEO, Serpent Mount Sta.te Park, will be committed statement will be filed as a city-owned park DOT, and one regional agency. (ELR Order to the project. Comments made by USDA, would be taken by the project. Comments #4342, 50 pages). (NTIS Order #PB-203 COE, HUD, DOl, DOT, state and local agen­ made by DOl, DOT, OEO, state and local 227-F) , May 2. cies, and concerned citizens. (ELR Order agencies. (ELR Order #4481) (NTIS Order Route 130, Burlington County, New Jer­ #4548, 31 pages) (NTIS Order #ElS 72 #PB-202 131-F), May 17. sey. Proposed replacement of an existing 4 4548-F), May 26. Harlan Road, Harlan County, Kentucky. lane bridge on Route 130 over Rancocas U.S. 62, Grady County, Oklahoma. Proposed Proposed reconstruction of 6.05 miles of the Creek with a 6-lane structure. Thirty-eight reconstruction, partially on new location, of Harlan-Cumberland-Whitesburg Road (US residences and 10 businesses would be dis­ 7.6 miles of U.S. 62. Two additional lanes will 119) . Several streams would be crossed and/ placed by the action. Comments made by be added to the existing two. Nine families or channelized by the project; thirty resi­ HUD, DOT, state and local agencies. (ELR and two businesses will be displaced by the dences will be displaced and 325 acres of Order #4482) (NTIS Order EIS 200 015-F), action; 120 acres will be committed. Com­ land committed. Comments made by EPA, May 17. ments made by DOl and state agencies. ELR HUD, DOl, DOT, state and local agencies. Route 5, Herkimer County, New York. Pro­ Order #4412, 25 pages) NTIS Order #PB- (ELR Order #4476) (NTIS Order #EIS 72 posed reconstruction of Route 5 at its in­ 200 188-F) , May 10. 4476-F), May 16. tersection with County Roads 26 and 37 in Diamond Lake Bypass, Douglas County, Project l-24-1 (2), McCracken County, the Town of Schuyler. Five residences and Oregon. Proposed construction of 5 miles Kentucky. Proposed construction of 4.072 1 business would be displaced by the action. of 2-lane Bypass, as Oregon FH Route 46, miles of new 4 lane highway. Twenty-four Comments made by EPA, DOl, state and from the intersection of S.R.'s 138 and 230 residences would be displaced by the action. local agencies. (ELR Order #4467) (NTIS north. Approximately 100 acres ot forest Comments made by USDA, EPA, HUD, DOl, Order # EIS 199 245-F) , May 16. land wlll be lost to the project. Comments TVA, DOT, and state agencies. (ELR Order US 70, Jones and Craven Counties, North made by USDA, state and local agencies. # 4346, 53 pages) (NTIS Order # PB-208 Carolina. Proposed reconstruction from 2 to 4 (ELR Order #4477) (NTIS Order #EIS 202 731-F), May 2. lanes, of 19 miles of US 70. Comments made 802-F), May 16. US 11, Hagerstown, Maryland. Proposed re­ by USDA, COE, GSA, HEW, DOl, OEO, state FAS Route 266, Lycoming county, Penn­ location of 0.38 mile of highway. Fifty-_nine and local agencies. (ELR Order #4383 80 sylvania. Proposed reconstruction of 0.53 mile persons will be displaced by the action. Com­ pages) (NTIS Order #EIS 72 4383) Nay 8. of 2 lane roadway, including one bridge. ments made by USDA, EPA, HUD, DOl, state NC 24, Cumberland County, North Caro­ Comments made by EPA and state agencies. and local agencies. (ELR Order # 04585) lina. Proposed construction of a 5-lane high­ (ELR Order #4349, 58 pages) (NTIS Order (NTIS Order # PB-201 241-F), May 8. way across the Cape Fear River. Eight fam­ #PB-202 121-F), May 2. Dorchester County, Maryland. Proposed iUes and five businesses would be displaced. Legislative Route 10001, Butler and Beaver reconstruction of 1.976 miles of Maryland Portions of two streams will be channelized Counties, Pennsylvania. Proposed construc­ Route 16, between Parsons Creek and Slaugh­ and land wlll be taken from a local park, tion of 2.8 miles of new 2-lane highway, L.R. ter Creek. An unspecified amount of land necessitating a 4 (f) statement. Comments 10001. Twenty acres would be committed to would be committed to the project. Com­ made by USDA, COE, EPA, GSA, HUD, DOl, the action; 2 families would be displaced. ments made by USDA, EPA, HUD, DOT, state and OEO. (ELR Order #4384, 48 pages.) Comments made by ARC, HUD, state and and local agencies. (ELR Order# 4469) (NTIS (NTIS Order EIS 72 4384). May 8. local agencies. (ELR Order #4484) (NTIS Order # EIS 201 565-F) , May 16. Tarboro Street (Sk 2564), Wake County, Order #EIS 202 901-F), May 17. US 131, Montcalm, Mecosta, and Osceola North Carolina. Proposed widening o! 2.7 Legislative Route 11804, Cambria County, Counties, Michigan. Proposed relocation and miles of roadway from 2 to 4 lanes. Seven Pennsylvania. Proposed reconstruction of 1.7 reconstruction to freeway standards, of 41 families and two businesses would be dis­ miles of L.R. 11804, an existing 2-lane fa­ miles ot US 131. Approximately 30 residences placed by the action. Comments made by cility. A 4(f) statement wlll be filed as 14 and a similar number of farms wlll be dis- USDA, EPA, GSA, DOI, and DOT. (ELR Or- acres would be taken from Prince Gallitzin 22778 EXTENSIONS OF REMARKS June 27, 1972

State Park. Comments made by USDA, EPA, gional agencies. (ELR Order #4378, 129 NATIONAL FEDERAL HIGHWAY ADMINISTRATORS state and local agencies. (ELR Order #4448) pages) (NTIS Order #EIS 72 4378F), May 5. Region 1 : Conforms to Standard Federal (NTIS Order #ElS 202 083-F), May 11. Campus Loop Road, Whitman County, Regions 1 & 2, (Conn., Me., Mass., N.H., Memorial Boulevard, Newport County, Washington. Proposed construction of 7 R.I., Vt., N.J .. N.Y., Puerto Rico) Rhode Island. Proposed construction of a. miles of 4-lane Campus Loop Road, some of Administrator: (G. D. Love. 4 Normanskill 0.6 mile connecting link between Memorial it on the location of existing S.R. 195. Two Blvd., Delmar, N.Y., 12054. Boulevard and an interchange with S.R. 138 residents would be displaced by the action; Region 3, (Del. D.C., Md., Pa., Va., W.Va.) 1n urban Newport. The road wtll disrupt an an unspecified amount of farmland and Administrator: August Schafer, 31 Hopkins area. of significant historical importance, seg­ wildlife habitat will be lost. Comments made Plaza, Baltin ~ ore, Md. 21201 ments of which are on the National Register by USDA, COE, EPA, HUD, DOl, DOT, state Region 4, (Ala., Fla., Ga., Ky., Miss., N.C., of Historic Places. A 4(f) statement will be and local agencies. (ELR Order #4466) S.C., Tenn.) filed. Fifth-three residences will be displaced ( #EIS 199 612-F), May 16. Administrator: H. E. Stark, 1720 Peachtree by the action. Comments made by USDA, Project 8-0487 (5), Racine County, Wis­ Rd., N.W., Atlanta, Ga. 30309 USCG, EPA, FPC, HEW, HUD, DOl, DOT, consin. Proposed construction of 2.4 miles of Region 5, (lll., Ind., Mich., Minn., Ohio, state and local agencies, and concerned cit­ 2 lane rural roadway. Comments made by Wise.) izens. (ELR Order #4546, 172 pages) (NTIS EPA, HEW, DOT, state and local agencies. Administrator: F. B. Farrell, 18209 Dixie Order #EIB-72 4546-F), May 26. (ELR Order #4345) (NTIS Order PB-202 Hwy., Homewood, Ill. 60430 F.A.S. 79 (S.R. 61), Anderson County, 426-F), May 2. Region 6, (Ark., La., N.M., Okla., Texas) State Trunk Highway 71, Monroe and Ju­ Tennessee. Proposed reconstruction of 5 miles Administrator: J. W. White, 819 Taylor of 2-lane roadway. Sixteen fam111es would be neau Counties, Wisconsin. Proposed recon­ struction of 6.0 miles of 2lane S.H. 71. One St., Fort Worth, Texas 76102 displaced by the project. Comments made by Region 7, (Iowa, Kansas, Mo., Nebr.) USDA, HEW, DOl, TVA, and DOT. (ELR business and 88 acres of land would be com­ Order #04506) (NTIS Order #EIS 72 4506F), mitted to the project. A 4(f) statement will Administrator: J. B. Kemp, P.O. Box 7186, May 19. be filed as recreational land would be taken Country Club Station, Kansas City, Mo. 64113 State Highway 320, Falls and Bell Counties, by the project. Comments made by USDA, Region 8, (Colo., Montana., N.D., S.D., Utah, Texas. Proposed reconstruction of 10.3 miles EPA, HUD, DOl, DOT, state and local agen­ Wyoming) of 2-lane highway, 2.5 miles of it on new lo­ cies. (ELR Order #4441) (NTIS Order EIS Administrator: W. H. Baugh (Acting), Rm. ~a.tion. One business will be displaced by the 200 384-F), May 13. 242, Bldg. 40, Denver Federal Center, Den­ action. Comments made by USDA, Army COE, Project S-0487(5), Racine County, Wis­ ver, Colo. 80225 EPA, HEW, HUD, and local agencies. (ELR consin. Proposed construction of 2.4 miles of Region 9, (Arizona, Calif., Hawall, Nev.) Order # 4350, 40 pages) (NTIS Order # PB- 2 lane rural roadway. Comments made by Administrator: S. E. Fa.rin, 450 Golden Gate 202 719-F) , May 2. EPA, HEW, DOl, and one regional agency. Ave., San Francisco, Calif. 94102 Project 8-3234, Gregg County, Texas. Pro­ (ELR Order #4345, 18 pages), (NTIS Order Region 10, (Alaska, Idaho, Oregon, Wash.) posed construction of Loop 485, a 4-lane, 2.1 #PB-202 426-F), May 2. Administrator: R. H. Phillips (222 South­ mile connector between US 271 and US 80. U .S. 151, Fond DuLac County, Wisconsin. west Morrison St., Portland, Oreg. 97204 Two residences will be dislocated by the proj­ Proposed reconstruction of a 4 mile segment ect. Comments made by EPA. (ELR Order Conforms to Standard Federal Regions of U.S. 151. Three corridors for the project 1 &2, # 4340, 46 pages) (NTIS Order # PB-201 are presently under consideration; each 239-F) , May 2. would require approximately 60 acres of land. U.S. 81-287, Wise County, Texas. Proposed Comments made by USDA, and EPA. (ELR AVAILABILITY OF ENVmONMENTAL PROTECTION reconstruction of 8.2 miles of highway from Order #4503) (NTIS Order EIS 72-4503F) , AGENCY COMMENTS ON ENVIRONMENTAL 2 to 4 lanes. Seven families would be dis­ May 19. IMPACT STATEMENTS placed by the action. (ELR Order # 4380, 33 Appendix I contains a listing of draft en­ pages) (NTIS Order# PB-201 842-F), May 5. URBAN MASS TRANSPORTATION ADMINISTRATION vironmental impact statements which the US 287, Wilba.rger County, Texas. Recon­ FINAL Environmental Protection Agency (EPA) has struction and widening of US 287 from 2 to Second Avenue Subway, Manhattan, New reviewed and commented upon in writing 4 lanes, for a total length of 10.6 miles. Five York. The statement is concerned with an during the period from May 1, 1972, to May 31, residences and one business would be dis­ application from the New York City Transit 1972, as required by Section 102(2) (C) of the placed by the action. Comments made by Authority for a $254,000,000 loan to assist in National Environmental Policy Act of 1969 USDA, EPA, HEW, and DOT. (ELR Order the final design and construction of 4.7 miles and Section 309 of the Clean Air Act, as # 04500) (NTIS Order # EIS 72 4500F) , May of new subway under Second Avenue, in east amended. The listing includes the Federal 19. Manhattan. One business wtll be displaced agency responsible for the statement, the I-90, King County, Washington. Proposed by the action. Comments made by USDA, construction of 3.08 miles of 10-lane I-90, number assigned by EPA to the statement, DOl and one local agency. (ELR Order #4519, the title of the statement, the classification from SR-5 to the west shore of Mercer Island, 92 pages) (NTIS Order #EIB-72 4519-F), in urban Seattle. An unspecified number of of the nature o! EPA's comments, and the May 23. source for copies of the comments. residences and amount of land will be lost to the project. A 4(f) statement will be required U.S. WATER RESOURCES COUNCIL Appendix II contains definitions of the four as land would be taken from two local parks. Contact: Mr. W. Don Maughan, U.S. Water classifications of EPA's comments. Copies of Comments made by USDA, Army COE, EPA, Resources Council, 2120 L Street, N.W., EPA's comments on these draft environ­ HUD, DOl, DOT, state, local, and regional Washington, D.C. 20037, (202) 254-6408. mental impact statements are available to agencies. (ELR Order # 4379, 163 pages) Title and description, date. the public from the EPA omces noted. (NTIS Order# EIS 72 4379F), May 5. DRAFT Appendix III contains a. listing of the Washington. I-90, King County, Proposed Red River Basin, Arkansas, Louisiana, Okla­ addresses of the sources for copies of EPA construction of a 10-lane freeway, I-90, homa, and Texas. The statement is a pro­ comments listed in Appendix I. across Mercer Island, a. large island in Lake posed comprehensive plan for the develop­ Copies of the draft environmental impact Washington. Total project length 1s three ment of the Red River Basin. Flood protec­ statements are available from the Federal miles. An unspecified number of residences tion, water supply, navigation, power, and department or agency which prepared the and amount of land will be lost to the proj­ wildlife needs are considered. Several dams, draft statement or from the National Tech­ ect. A 4(f) statement wlll be required as reservoirs, flood control structures and chan­ nical Information Service, U.S. Department land would be taken from Luther Burbank nelization projects are proposed. (ELR Order of Commerce, Springfield, Virginia 22151. Park. Comments made by USDA, Army COE, # 4397, 100 pages) (NTIS Order # PB-208 SHELDON MEYERS. EPA, HUD, DOl, DOT, state, local, and re- 876-D), May 8. Director, Office of Federal Activities.

APPENDIX I.-ENVIRONMENTAL IMPACT STATEMENTS FOR WHICH COMMENTS WERE ISSUED BETWEEN MAY 1 AND 31, 1972

General Source for General Source for nature of copies of nature of copies of Identifying number and title comments comments Identifying number and title comments comments

ATOMIC ENERGY COMMISSION 0-COE-34029-23: Cumberland River Cordell Hill Dam and Reservoir, E 0-AEC-00045-27: Midwest Fuels recovery plant_ _. ______._ 2 A Tenn. D-AEC-00036-31: Los Alamos Scientific lab. plutonium facility ______2 A D-COE- 30031-24: Bank stabilization, Yazoo Basin Delta area, Missis­ E D-AEC-00035-45: Rocky Flats plutonium recovery facility_------2 A sippi. 0-AEC-{)0030-54: Radioctive waste evaporator, Richland, Wash ______2 A 0-COE- 35017-27: Farmers levee and Drainage District, Mason F 0-AEC-06040-00: Indian Point unit No. 2 nuclear generator plant_ __ _ 3 A County,lll. 0-AEC-00046-03: Vermont Yankee nuclear station ______1 A 0- COE-05070-11 : Hannibal locks and dam, Ohio River and West 1 F Virginia. CORPS OF ENGINEERS D-COE-35022-29: Pilot sediment removal program, Ohio_. ______1 F D-COE-36132-29: Portsmouth-New Boston, Scioto County, Ohio _____ 3 F D-COE-90030-00: TNT plant air pollution abatement report ______2 A D-COE-02020-35: Crude oil and natural gas along louisiana coast______2 G D-C0£~1043-22: Cowikee State Park lakepoint resort, W. P. George 2 E O-COE- 323ls-45: Russian River Basin channel improvement and 3 J Lake, Chattahouchee River, Ala. bank stabilization,Sonoma and Mendocino Counties, Calif. D-COE- 35C20-18: Maintenance dredging at Military Ocean Terminal, 1 E D-COE-32337-57: King Cove small boat harbor_ ___ ------1 K Sunny Point, N.C. June 27, 1972 EXTENSIONS OF REMARKS 22779

General Source for General Source for nature of copies of nature of copies of comments comments Identifying number and title comments comments Identifying number and title

F DEPARTMENT OF AGRICULTURE D- DOT-41232- 27: 1- 55 rest area, Will county, " '------1 D- DOT-41205-29: Township Road No. 107 (0 regan Road) , Wood 1 F 0 0 - DOA- 24032-12: Sewage sludge incorporation, Goddard Space Cen­ A D-~ 0T~ i &~~28 : U.S. 30 (improvement) Allen County, lnd ______1 F ter, Maryland. D- DOT-41159- 29 : State Route 52{l/607, Lawrence County, Ohio ______2 F 0 - DOA-82035-31: Mosquito control program on the Coronado Na­ A D- DOT-40964- 27 : FA Route 2, Winnebago County,"'------1 F tional Forest, Arizona. D- DOT- 51140- 28 : Kokomo Municipal Airport, Howard County,lnd _____ 1 F '0-DOA-82032-01: Removal of Canada plum to control green peach A D- DOT - 51139- 27: Litchfield Municipal Airport, Montgomery County, 2 F aphid, Aroostock and Penobscot Counties, Maine. 1 0 - DOA- 36120-18: Chicod Creek watershed, Pitt and Beaufort 2 E D- g 0T- 51138- 30 : Waseca Municipal Airport, Waseca County,_Minn ____ 2 F Counties, N.C. D-DOA- 32340-24: Bowie Dam and Lake, Miss. and Ala ______2 D- DOT- 51137- 30: Fosston Municipal Airport, Polk County, Mmn ______2 F E D- DOT- 51130-25: Glad win Airport, Gladwin County, Mlch ______1 F D-DOA 36129-20: Evans County, Ga. watershed, Evans, Candler, and 2 E D- DOT- 50093- 27: Willow Springs Road Bridge replacement (FAS 1 F Tattnal. 119), Cook County, Ill. . D-DOA- 36126-20: Little Creek watershed, Wheeler and laurens 2 E D- DOT - 50089-25 : Highway-bridge-T ittabawassee River, M 1dland F ~~~k . 0 0-DOA-36122-31: Eagle-Tumble wood Draw watershed, Eddy and 2 G FAS Route 145- STH 60-STH 143 CTH "G," Wash- Chaves Counties, N. Mex. D-~ 0T~ ,1~if~Z9: D- DOA- 36121-37: Dickman watershed, Little Sioux flood prevention __ 1 H D~o~¥~11~r~~·7 ~~~·salle County, FA Route 24, Illinois ______1 F 0 - DOA-36125-37: Simon Run watershed, Pottawattamie Counties, 1 H D-DOT-41230-29 : U.S. Route 30S and U.S. Route 68 (relocation), 1 F Iowa. Harding County, Ohio. 0-DOA...£2015-48: Proposed timber harvest, Tonto Working Circle, 2 D- DOT -41204- 27: F.A. Route 45 (Mannheim Road), Lake Street to F Tonto National Forest, Ariz. Irving Park Road, Cook County, Ill. D-DOA-82034-55: Eison Suislaw National Forest herbicide program __ 1 K D- DOT -41203- 29: S. R. 252 (relocation) Columbia Road , Cuyahoga 2 F D-DOA...£1048- 55: Mount Ashland chairlift No.2, Oregon ______2 K 0 D-DOA...£1041-55: Eison Pelican Buite winter sports site, Oregon ____ 3 K D-~ 0T~'t?:~25: M- 21 relocation, Lapeer and St. Clair Counties, F DEPARTMENT OF COMMERCE D-~~t-51155-25 : Marlette Airport, Sanilac County, Mich ______1 F D- DOT- 51148- 2g: Cuyahoga County Airport, Cleveland, Ohio ______1 F D- DOC-89091-35: Construction of Sabine River diversion, lake 2 G D- DOT- 51146-30: Aitkin Municipal Airport, Aitkin County, Minn ___ __ 1 F Charles, La. D-DOT- 51145- 27 : Edgar County Airport, Illinois ______1 F 0-DOC-89082- 54: North Greenwood West storm drain project_------1 K D- DOT-41257- 34: State Highway 360 from proposed SH121 south of 2 G D- DOC-89075...£5: Expo '74------1 K 0 - DOC-81079-00: Harborview Park/ parking structure, Washington ____ 2 K D -';j~~~iln2ei3-32: Avery Drive in Tulsa and Sand Springs, Okla., 1 G intersection of Highways 51 and 97 . DEPARTMENT OF DEFENSE D- DOT-41199-38 : K-7 Johnson and Wyandotte, Kans ______2 H D- DOT-41197- 39 : Routes J and M, Reynolds County, Mo. ______2 H D- DOD-89025-00: Coal procurement policies ______2 A D- DOT- 51142- 36 : Grant Municipal Airport, Grant, Nebr______1 H 0- DOD-84010-00 : PacifiC cratering experiments ______1 A D- DOT-41266-38 : (SF) 54-48 F 038- 2(20), Kingman County, Kans ____ 1 H D- DOD-84009-00: Advanced ballistic reentry systems radioactive 1 A D- DOT -41249- 36: 5-126(6), Hayes Center- North, S- 72(5) Trenton- N_ 2 H sensors. D- DOT-41247- 37: Linn County, U.S. 151, Iowa ______1 H D-DOD-84008-00: Over the horizon radar system __ _ ------1 A D- DOT -41219- 36: F- 2(21) and F- 246(19), Dawson-Falls City, Nebr ___ - 1 H D- DOD-24035-21: Wastewater treatment facilities, Tyndall AFB ______1 A D- DOT-41218- 38: 89 S 1567(1), Shawnee County, Kans ______1 H 0 - DOD- 10019-05: Naval Submarine Base, New London, Conn ______3 B D- DOT -41200- 38: Johnson County, K- 7 highway from 1-35 north 2 H D- DOD- 11016-24: Keesler Air Force Base runway extension, Mis- 2 through Olathe to proposed K- 10 and K- 12. sissippi. D- DOT -41165-41: Highway F6002(05)910 for 5th St., North, Grand D- D00- 11015-21: Eglin Air Force Base, Fla ______1 E 0 - DOD- 11014-40: Project Diamond Ore, Montana ______2 I D!6o~~~zS~~4: South 272d St., interchange, Washington ______1 K D- DOT-41221- 56: HG-80N-2(38)12C East, Glenns Ferry, Idaho _____ 1 K DEPARTMENT OF THE INTERIOR D- DOT-41220- 57: Homer East Road, Alaska ______2 K D- DOT-41148- 57: Fish Creek Road, Alaska ______1 K 0 - DOI-02026-35: L972 Outer Continental Shelf oil and gas general 2 A lease sale-offshore eastern Louisiana. FEDERAL POWER COMMISSION D - DOI...£1025-00: Potomac Heritage TraiL ______1 A D- DOI-01016-11 : Strip mined area reclamation and recreation 1 D D- FPC-89056- 12: Authority to import Algerian LNG, Cove Point, _Md - 2 A Center. D- FPC-07036-00 : Application for new license, York Haven project 1 D D-DOI...£1044-18: Eno Park area acquisition, Durham, N.C ______2 E D- DOI...£1047-31: Proposed master plan, White Sands National 2 G D-~~-C~~~)3-15: Application for new license, Dan Rivers, Inc., 2 D Monument. 0 - DOI- 36117-36: South Fork watershed, Pawnee and Richardson 1 H D-~i~~~J048-20 : Georgia Power Co., Lloyd Shoals proj~ct, Georgia -- 2 E Counties. D- FPC-05350- 19 : Project 2534 Georgia and South Carolina, Tullulah 1 E 0 - DOI...£1039-43 : Proposed wilderness, Yellowstone National Park _____ 1 D- DOI...£1038-43 : Proposed master plan for Yellowstone Park. ------1 D-~nPdC~~i~2-~~~~antahala project, Macon and Clay Counties, N. C_ E 0 - DOI...£1036-43: Proposed Tetons Wilderness, Grand Teton Park ____ 1 D- FPC-05371 - 20 : Application for relicensing, Georgia Power Co., E D- DOI...£1051-43: Proposed master pian, Grand Teton National Park_ 1 Flint River project No. 1218, Georgia.. . . 0 - 001-89077-46: Diablo Canyon desalting project, San Luis Obispo 2 D- FPC-05374- 30 : Brainerd hydroelectnc project No. 2533-Crow W1ng F County, Calif. D}~~~~o~d~rs: Michigan-Wisconsin Pipe Line Co., Lacassine G DEPARTMENT OF TRANSPORTATION project. GENERAL SERVICES ADMINISTRATION D- DOT- 50088- 12: Bridge across Patapsco River, Md ______1 A D- DOT-41280-00 : Proposed general guidelines for the consideration 1 A D....{;SA- 21021- 5 4: Proposed disposal of Naval Supply Center, Wash- 1 K of economic, social, and environmental effects of highway projects. ington. O- DOT-41181-05 : Reconstruction of Route 86, Vernon-Tolland, Conn. 2 B DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE O- DOT -41154-05: Interstate 84, Manchester-Bolton-Coventry- 3 B Andover, Columbia, Conn. D- HEW-84007- 33 : National Center for Toxicological Research, Pine A D- DOT -41272-00: Project Manati-Ciales, relocation of highway FR- 149_ 1 c D- DOT-41236-07: Second Avenue project, New York- UGT -44, 2 1 c Proposed construction of Community College of D Manhattan. DJ [:~5046-11: D- DOT-41182-07 : Sunrise Highway extension Suffolk County N.Y ___ 2 c Delaware County, Pa. D- DOT-41169-12: Maryland Route 235 0.8 mile north of Hollywood 1 D DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT D~J~f~l168-12 : Dualization of Maryland Routes 2 and 4, Calvert D D- HUD-85040- 16 : Fort Lincoln urban renewal project______2 A 0 D- HUD-85044-07 : Proposed new community of Welfare Island, N. Y- _ 2 Route 33 proposed Lehigh Street viaduct, Rich- 1 D c o-~ orS·1f1tt5: D- HUD-85043-07 : Proposed new community, Lysander, Onondaga 2 c o-~Z~~r~s0-11: L.R. 16059, Secaoi (Cook Forest State Park), Pa. __ 1 D County, Syracuse, N.Y. O-DOT-41235-=11: L.R. 1142, Centre County, Pa ______2 D NATIONAL AERONAUTICS AND SPACE ADMINISTRATION O- DOT-41172- 12: Alternate Route 58 from Big Stone Gap to Ap- 2 D palachia Wise County, Md. D- NAS- 12011-00: Space shuttle program ______1 A O- DOT- 51143- 24: Gulf Central Airport, Stennis Field, Bay St. Louis, 2 DEPARTMENT OF THE TREASURY O-~g~·-50091 -19: Proposed Ash Slurry pipeline bridge across Edisto E State Road 71, Jackson County, Fla ______1 D- TRE- 90025-00 : Proposal for imposition of a tax on sulfur emission_ 2 A D -~oV~1·f99-21 E D- TRE- 90026-00 : Proposed approval of polyvinyl liquor bottles ______3 A D- DOT-41264- 19 Rutherford Road to Greenville, S.C ______1 E D- DOT-41214-20 State Road 95, Escambia County, Fla ______1 E TENNESSEE VALLEY AUTHORITY D-DOT-41182-22 Elmore County relocate Alabama-14, Wetumka to 2 E D- TVA-00038-23: Watts Bar nuclear plant units 1 and 2, Tennessee __ 1 E o-1aJ~~f~2~fs Newton eastern urban loop, Catawba, N.C______1 E D- DOT-41217-21 State Road 516, Brevard County, Fla ______1 E D- DOT-41216-21 State Road 20, Washington County, Fla ______1 E APPENDIX II O-DOT-41215-23 Project F-024- 3( ), Putnam County, Tenn ______1 E D- DOT-41227-17 APD127 (43) Pike-Letcher Counties, Ky ______1 E 0- DOT-41226- 18 US221 Ashe County, N.C ______1 PROPOSED FEDERAL REGULATIONS FOR WHICH COMMENTS WERE ISSUED BETWEEN MAY 1, E 1972, AND MAY 31, 1972 D- DOT-41225-21 State Road 20 FAS Route 12, Walton County, Fla ••• 1 E 0- DOT-41224-21 State Road 20 (U.S. 27), Taylor County, Fla ______1 E D- DOT- 51149- 24 Jackson Municipal Airport, Jackson, Miss ______2 E DEPARTMENT OF AGRICULTURE D- DOT- 51144-19 Fairfield County, Winnsboro Airport S.C ______2 E D- DOT-41263-20 F-022- 1(4) Spalding-Butts Counties, Ga ______1 E R-DOA- 90047-00: Revocation and suspension of ~razing permits _____ 1 A D- DOT-41243-23 Grainger County relocation of State Route 32, Tenn __ 2 E R-DOA- 90046- 00: Forest Service-Use of pesticides and chemicals 1 A D- DOT-41228-21 State Road 699, Pinellas County, Fla ______1 E on national forests, national grasslands, and administered by the D- DOT-41233-29 Interstate 280 (upgrading), Wood County, Ohio __ __ 1 F Forest Service. 22780 EXTENSIONS OF REMARKS June 27, 1972 APPENDIX ll: DEFINITION OF CODES FOR THE ment, needs major revisions or m ajor addi­ D. Director of Public Affairs, Region III. GENERAL NATURE OF EPA COMMENTS tional safeguards to adequately protect the Environmental Protection Agency, Curtis (1) General Agreement/Lack of Objec­ environment. Bldg., 6th and Walnut Streets, Philadelphia. tions: The Agency generally : (4) Unsatisfactory: Pennsylvania 19106. (a) Has no objections to the proposed ac­ The Agency believes that the proposed ac­ E. Director of Public Affairs, Region IV. tion as described in the draft impact state­ tion is unsatisfactory because of its poten­ Environmental Protection Agency, Suite 300. ment; tially harmful effect on the environment. 1421 Peachtree Street, N.E., Atlanta, Georgia (b) suggest only minor changes in the Furthermore, the Agency believes that the 30309. proposed action or the draft impact state­ safeguards which might be utilized may not F. Director of Public Affairs, Region V, En­ ment; or adequately protect the environment from the vironmental Protection Agency, 1 N. Wacker (c) has no comments on the draft impact hazards arising from this action. The Agency Drive, Chicago, Illinois 60606. statement or the proposed action. therefore recommends that alternatives to G. Director o! Public Affairs, Region VI, (2) Inadequate Information: the action be analyzed further (including the Environmental Protection Agency, 1600 Pat­ The Agency feels that the draft impact possibility of no action at all). terson Street, Dallas, Texas 75201. statement does not contain adequate infor­ APPENDIX Ill; SOURCES FOR COPIES OF EPA H. Director of Public Affairs, Region VII. mation to assess fully the environmental im­ Environmental Protection Agency, 1735 Balti­ pact of the proposed action. The Agency's COMMENTS more Street, Kansas City, Missouri 64108. comments call for more information about A. Director, Office of Public Affairs, En­ I. Director of Public Affairs, Region VIII. the potential environmental hazards ad­ vironmental Protection Agency, 401 M Street, Environmental Protection Agency, Linco~ dressed in the statement, or ask that a po­ S.W., Washington, D.C. 20460. Tower, Room 916, 1860 Lincoln Street, Den­ tential environmental hazard be addressed B. Director of Public Affairs, Region I, ver, Colorado 80203. since it was not addressed in the draft state­ Environmental Protection Agency, Room J. Director of Public Affairs, Region IX. ment. 2303, John F. Kennedy Federal Building, Environmental Protection Agency, 100 Cali­ Boston, Massachusetts 02203. (3) Major Changes Necessary: fornia Street, San Francisco, California 94102. C. Director of Public Affairs, Region II, K. Director o! Public Affairs, Region X, En­ The Agency believes that the proposed ac­ Environmental Protection Agency, Room 847, vironmental Protection Agency, 1200 6th Ave­ tion, as described in the draft impact state- 26 Federal Plaza, New York, New York 10007. nue, Seattle, Washington 98101.

SUMMARY OF 102 STATEMENTS FILED WITH THE CEQ THROUGH APRIL 30, 1972 (SY AGENCY)

Total actions on which Total actions on which Draft 102's final or Draft 102's for actions draft 102 final or for actions draft 102 on which statements on which no final for Federal statements no final for Federal 102's have Final 102's actions 102's have yet been on legislation Final 102's actions have been yet been on legislation Agency received and actions received Agency have been received and actions received

Agriculture, Department of------65 123 188 International Boundary and Water Commission- United States and Mexico ______Appalachian Regional Ctmmission ...... 1 0 1 2 Atomic Energy Commission ...... 40 43 83 4 6 Interstate Commerce Commission 2 0 2 Commerce, Department of...... 6 7 13 Justice, Department oL •. ------~===::::::: ::: 4 1 1 2 Defense, Department of------3 7 Nat!onal Aeronautics and Space Administration •• 12 Air Force ...... 9 4 13 Nat!onal Capital Planning Commission ______11 23 5 9 14 National Science Foundation ______1 0 1 Army.------...... ----- 0 2 Army Corps of Engineers ...... 199 339 438 New England River Basins Commission ______2 Navy ______...... ----...... 5 9 14 1 0 1 Office of Science and Technolo~------0 1 1 Delaware River Basin Commission ...... 3 0 3 Pacific Northwest River Basins ommission •••••• 2 Environmental Protection Agency ______9 14 23 iennessee Valley Authority ______0 2 Federal Power Commission ...... 45 7 52 7 8 1~ /ansportation, Department oL •••••••• ______837 859 1,696 General Services Administration ...... 13 28 41 reasury, Department ot_ ------• 4 HEW, Department of...... 5 2 7 3 7 10 24 1 0 1 HUD, Department of...... ------34 ~I ~st~~ ~=~~c~es-councii·------=- 8 g Interior, Department of...... 86 50 136 0 Veterans' Administration. __ -~======1 0 1 TotaL ••• _• ••• __ •• __ ...... ___ 1, 381 1,552 2,933

SUMMARY OF 102 STATEMENTS FILED WITH THE CEQ THROUGH MAY 31, 1972 (BY PROJECT TYPE)

Draft state­ Draft state­ ments for ments for actions on Total actions actions on Total actions which no on which which no final Final final or on whicll final Final final or statements statements on draft state­ statements statements on legislation ments have draft state­ have yet legislation ments have­ b~=~~reeJ and actions been taken been filed and actions been takell AEC nuclear development______2 20 22 2 1 Aircraft, ships, and vehicles ...... 1 5 6 3- :: ======: ======621 614 1, 235- Airports ...... --. 41 179 220 ~~~~~~~~Plus roads through== =: parks ...... Buildings••••••••••••• __ •••••••••• __ ...... 153 48 201 6 8 14 2 7 Bridge permits .... __ .------... 12 9 21 ~~~: gr~g~~~~---. ------~ 3 Defense systems. ____ ...... ------..... 3 6 ~eto!'!ficati_on of toxic substances ...... 7 2 9 Forestry ...... -.------6 4 10 unrtlon drsposal. __ ------2 3 5 Housing, urban problems, new communities •••••• 9 13 22 ~adioactive. ~~ste disposaL ...... 5 1 s. International boundary ...... ------5 2 7 ewage facrhtres ...... 8 10 18- Land acquisition, disposal...... 10 34 44 Solid wastes. ______...... _...... 3 0 3- Mass transit.------. 1 4 5 Water: 4 4 Mining ______------.... ----- 8 Beach erosion, hurricane protection ...... Military installations •• ------10 15 25 6 23 29> Natural gas and oil: 17 10 27 ======70 116 186. Drilling and exploration ...... 5 5 10 Municipal~!~~~~ifi~ii~~= and industrial= = =supply ______=: Transportation , pipeline •••••••• ______10 5 15 11 6 17 Parks, wildlife refuges, recreation facilities •••••• 49 17 66 Permit (Refuse Act, dredge and fill) ...... 12 1 13- Pesticides, herbicides._ ...... ____ ...... --- 14 18 32 W Watershed protection and flood controL .... 121 282 403. eather modification. __ ...... 6 5 11 Power: Research and development...... 12 12 24 Hydroelectric • •••••••• _• ••••••••••••••••• 42 8 50 Miscellaneous ..• ______••••• _------••• 29 18 47 Nuclear.------__ ... . ------37 21 58 Total. •••• ______• ______... ___ • __ ...... 14 8 22 1, 381 1, 552 2, 933. ~~~~~missfori:: ::: =: :::::::: == :::::: == ==: 8 12 20 June 27, 1972 EXTENSIONS OF REMARKS 22781 OCCUPATIONAL HEALTH AND It has been fully documented that high Airman David E. Walther, Serial Number SAFETY ACT levels of asbestos cause asbestosis and 359463975. lung cancer which takes the lives of Airman Robert B. Powers, Serial Number thousands of American workers each 203150677. HON. LES ASPIN year. But, the interests of big business OF WISCONSIN are much more important to the Nixon NIXON'S BEST YEAR: 1972 IN THE HOUSE OF REPRESENTATIVES administration than the health and even Monday, June 26, 1972 the lives of thousands of American workers. HON. WILLIAM L. SPRINGER Mr. ASPIN. Mr. Speaker, the Nixon ad­ OF n.LINOIS ministration estimates that as many as IN THE HOUSE OF REPRESENTATIVES 100,000 Americans may die as the result AIR FORCE PERSONNEL IN FLOOD of occupationally related diseases each RESCUE EFFORTS Monday, June 26, 1972 year-twice the number estimated by Mr. SPRINGER. Mr. Speaker, many Ralph Nader's health research group. people have been wondering what the Dr. Sidney Wolf, director of Ralph HON. JACK F. KEMP outlook for 1972 is until the end of the Nader's health research group, had es­ OF NEW YORK year. timated that 50,000 deaths per year were IN THE HOUSE OF REPRESENTATIVES J. A. Livingston, one of the outstand­ due to occupational disease. This esti­ ing financial columnists and analysts mate was announced at the annual meet­ Monday, June 26, 1972 of the country, has written an article: ing of the American Association for the Mr. KEMP. Mr. Speaker, the follow­ "1972: Nixon's Best Year." I am sure that Advancement of Science in Philadelphia ing letter is self-explanatory. I am also all of my colleagues will be interested in last December. enclosing the list of those Air Force of­ having Mr. Livingston's opinion which Wolf's figure was based on different ficers and enlisted men that distin­ he has formed from a concensus of 56 studies of coal mines, chemical, uranium guished themselves during the recent forecasters who responded to his mid­ mines and other industries and was at the flood in South Dakota. year questionnaire. time considered to be extremely high. These men are to be commended for [From the Washington Star, June 25, 1972] their action beyond the call of duty and Now we have this startling admission 1972: NIXON'S BEST YEAR their efforts certainly reflect credit on (By J. A. Livingston) by the Nixon administration which themselves and the Air Force: demonstrates that millions of workers "President Nixon's best year." JUNE 21, 1972. That's what economists forecast for 1972 literally risk their lives by entering Representative JACK KEMP, at the beginning of the year, and now they America's plants and factories. House of Representatives, forecast it again-but with greater emphasis The administration's estimate of 100,- Washington, D.C. and assurance. 000 occupationally related deaths a year, DEAR MR. KEMP: I have lived In Buffalo Records wlll be set In Gross National Prod­ for three years and although, as an English­ uct, Industrial production, corporate ex­ was contained in its annual report to the man, I have not voted I hope you will not penditures on new plant and equipment, Congress on implementation of the 1970 mind my regarding you as my representative housing starts, weekly earnings, retall sales, Occupational Health and Safety Act. and asking your help. In fact, you met my corporate profits, and-as you might expect-­ On the basis of nonviolent occupation­ wife at a Westminster Junior Parish lunch­ in Wall Street. ally related deaths among metal miners, eon a year or so ago, although I don't imagine The Nixon bull market, which started In smelters, and uranium miners the re­ you remember. May 1970, will work to new highs by Decem­ We recently had the misfortune to be In ber and move upward during 1973-but at a port estimates that 100,000 such deaths Rapid City, South Dakota on vacation when occur each year. The major conclusion restrained pace. the flood hit. We spent some time chest deep That's the consensus of 56 forecasters who of the administration's report on occupa­ In water holding up our two children with responded to my midyear questionnaire. tional health and safety are: only a small tree for protection from the Though their occupational backgrounds are Occupationally related injuries have in­ force of the flood and the danger of debris. diverse--the economists are associated with creased 29 % during the past decade. Our strength was virtually spent when six corporations, banks, labor unions, universi­ Some state and local governments have men from the nearby Air Force Base came ties, research organizations, government, done nothing in the field of occupational through 200 yards of water at great personal and Wall Street houses-~hey are unanimous health and safety. risk to rescue us. In partlcu1ar, the leader­ in promising President Nixon "prosperity" During approximately 14,000 inspections in ship and bravery of Captains Soli and Knut­ for his electioneering. 1971 by the Labor Department for violation son were Instrumental In bringing us to But their unanimity doesn't extend to of occupational health and safety stand­ safety. All six then went back into the water Nixon's other economic objectives. Only 12 ards, 35,000 specific violations have been un­ and saved others. expect that Phase 2 wage-and-price regula­ covered. I have written to Colonel Reed at Ells­ tions wlll succeed In getting in:flatL~ down The goal of assuring a safe and health­ worth Air Force Base, the men's commander, to less than 3 percent by December. Only 11 fu1 work place for the natlo~·s workers ..• sending a check for an Air Force charity and believe that year-end employment will be in cannot be done quickly. asking some official commendation for these the "neighborhood of 5 percent," which I men; if possible, the Air Force Medal, hope­ construe to mean 5.2 percent or less. Limited funding and the adminstra­ fully for all six and certainly for Captains So Nixon's Democratic opponent will be tion's disinterest in the problem, are cost­ Soli and Knutson. able to charge that the president saved ing the lives of 100,000 workers a year. I am writing to you because I felt that Americans from the difficult choice of high Until the Nixon administration places you might be able to make some mention of unemployment versus high inflation by giv­ human life above industry's profits, tens this in the appropriate official places and ing them both I of thousands of Americans will continue improve the chances that these men will The group expects the unemployment rate, receive the commendation they richly de­ now 5.9 percent, to diminish slowly-to 5.5 to needlessly die. serve. I have been able to identify all six and The adminstration only requested $98 percent In December and then to 5.2 per­ enclose a list of names, rank, etc. Thanking cent in June 1973. million in this year's budget for enforce­ you in anticipation for your help, As for the cost of living, the annual rate ment of the Occupational Health and Yours sincerely, of Increase is forecast at 3.5 percent from Safety Act while union leaders proposed NORMAN BAKER, now to December and at 4 percent from the expenditures of at least $166 million Associate Professor, Vice Chairman, then to June 1973. Unde::lylng assumption: for the program. The labor unions and History. The Price Commission and Pay Board will the Nixon adminstration have had a run­ not be able to suppress the Inflationary pres­ ning battle over the adequacy of en­ LIST OF OFFICERS AND MEN sures generated by bumper production, em­ forcement of the Occupational Health Captain Vincent S. Soil, Jr., Serial Number ployment, and wages. 503507696. At the beginning of this year, Nixon's and Safety Act. The unions have charged Captain Gordon R. Knutson, Serial Num­ Council of Economic Advisers (CEA) fore­ the Federal Government has caved in to ber 483429511. cast that the 1972 Gross National Product the demand of industry by delaying im­ Staff Sgt. Walter Andrews, Serial Number would rise by $100 billion to approximately plementation of tough standards on the 161383501. $1147 billion. amount of asbestos contained in the at­ A/1 C Charles A. Hefner, Serial Number The economists' consensus isn't far from mosphere of asbestos plants until 1975. 429026205. that at $1,144 billion. But the mix-how the 22782 EXTENSIONS OF REMARKS June 28, 1972 increase is a;ttained---differs. The respond­ taxes from $52.7 billion to $55.5 billion. timely passing of an old and valued ents foresee less growth and more inflation Moreover, profits are expected to continue to friend, Gordon Canfield, who was as well than the CEA, as you can see: rise, reaching $61.4 billion in 1973. a. former Member of this House and CEA and economists dean of the New Jersey congressional (In percent] delegation. Growth ------6 5. 5 I was privileged to have known Gordon Infl:ation ------3. 25 3. 8 THE HONORABLE GORDON as a dear friend and as a man of ability, Consequently, 1973 will be another year of CANFIELD compassion, and courage. It was these "prosperity with inflation." The consensus qualities which stamped his service in calls for the same rate of growth-5.5%--as the House and endeared him to his this year, but the inflati,.m rate will decline HON. PETER W. RODINO, JR. constituency. only a trifl.e--3.6% as against 3.8%! OF NEW JERSEY While no words, no prayers can possi­ As might be expected, improvement in business since January has emboldened the IN THE HOUSE OF REPRESENTATIVES bly convey the sense of sorrow of those who knew him, I wish to join my col­ forecasters, and they boosted their 1972 pro­ Tuesday, June 20, 1972 jections. Examples: Housing starts from 2,- leagues in expressing my deep sentiments 060,000 to 2,200,000; automobile sales from Mr. RODINO. Mr. Speaker, it is with a and sympathy to his wife, Dorothy, and 10.5 to 10.6 million; corporate profits after deep sense of loss that I mourn the un- to Gordon's family.

SENATE-Wednesday, June 28, 1972 The Senate met at 9 a.m. and was The ACTING PRESIDENT pro tem­ pore. Without objection, the nominations called to order by the Honorable WILLIAM pore. Without objection, it is so ordered. are considered and confirmed en bloc. B. SPONG, JR., a Senator from the State of Virginia. COMMITTEE MEETINGS DURING DEPARTMENT OF JUSTICE SENATE SESSION PRAYER The second assistant legislative clerk Mr. ROBERT C. BYRD. Mr. President, proceeded to read sundry nominations in The Chaplain, the Reverend Edward I ask unanimous consent that all com­ the Department of Justice. L. R. Elson, D.D., offered the following mittees may be aJuthorized to meet dur­ Mr. ROBERT C. BYRD. Mr. Presi­ pmyer: ing the session of the Senate today. dent, I ask unanimous consent that the Eternal Father, with Thee we begin The ACTING PRESIDENT protem­ nominations be considered en bloc. this day and with Thee we shall end it. pore. Without objection, it is so ordered. The ACTING PRESIDENT protem­ Watch over all who labor here. Guide our pore. Without objection, the nomina­ tions are considered and confirmed en thoughts and guard our lips. Remember EXECUTIVE SESSION us even when we forget Thee. In all our bloc. toil strengthen us, in debate grant us Mr. ROBERT C. BYRD. Mr. President, Mr. SCOTT. Mr. President, I ask magnanimity, in irritation give us pa­ I ask unanimous consent that the Senate unanimous consent that the President tience, in confusion give us clear insight, go into executive session to consider be immediately notified of the confirma­ in provocation restrain us, in weakness nominations on the Executive Calendar. tion of these nominations. renew us, and in all our decisions give There being no objection, the Senate The ACTING PRESIDENT pro tem­ us Thy higher wisdom. May all that is proceeded to the consideration of execu­ pore. Without objection, it is so ordered. done advance the cause of justice on tive business. The ACTING PRESIDENT protem­ earth and be in accord with Thy will. And LEGISLATIVE SESSION when at length we rest, give us the peace pore. The nominations on the Executive of the righteous whose minds and hearts Calendar will be stated. Mr. SCOTT. Mr. President, I move are fixed on Thee. that the Senate reswne the considera­ tion of legislative business. Through Him whose name is above U.S. COURT OF CLAIMS every name. Amen. The motion was agreed to, and the The second assistant legislative clerk Senate reswned the consideration of read the nomination of Marion T. Ben­ legislative business. APPOINTMENT OF ACTING nett, of Maryland, to be an associate PRESIDENT PRO TEMPORE judge of the U.S. Court of Claims. The ACTING PRESIDENT pro tem­ ORDER FOR SENATE TO RESUME The PRESIDING OFFICER. The clerk pore. Without objection, the nomination CONSIDERATION OF S. 3010 TO­ will please read a communication to the is considered and confirmed. MORROW Senate from the President pro tempore Mr. SCOTT. Mr. President, I rise for Mr. ROBERT C. BYRD. Mr. Presi­ (Mr. ELLENDER) . the purpose of noting the confirmation dent, I ask unanimous consent that, on The second assistant legislative clerk of Marion T. Bennett, of Maryland, as tomorrow, following recognition of the read the following letter: an associate judge of the U.S. Court of two leaders or their designees under the U.S. SENATE, Claims. standing order, the Senate reswne con­ PRESIDENT PRO TEMPORE, Mr. Bennett has long been a commis­ Washington, D.C., June 28, 1972. sideration of S. 3010, a bill providing To the Senate: sioner and has had muoh experience in for the continuation of programs au­ Being temporarily absent from the Senate the area of Federal justice and Federal thorized under the Economic Opportu­ on official duties, I appoint Hon. Wn.LIAM B. judicial administration. He is extremely nity Act of 1964, and that the unfinished SPONG, JR., a Senator from the State of well qualified. He is a former colleague business, S. 3390, to amend the Foreign Virginia, to perform the duties of the Chair of many of us in the other body. Assistance Act of 1961, be temporarily during my absence. I am delighted that he has been rec­ laid aside and remain in a temporarily ALLEN J. ELLENDER, ognized by this nomination, and I con­ President pro tempore. laid aside status until disposition of S. gratulate him. 3010 or the close of business, whichever Mr. SPONG thereupon took the chair is the earlier. as Acting President pro tempore. The ACTING PRESIDENT pro tem­ U.S. COURTS pore. Without objection, it is so ordered. The second assistant legislative clerk THE JOURNAL proceeded to read sundry nominations ORDER FOR SENATE TO CONSIDER Mr. ROBERT C. BYRD. Mr. President, in the U.S. oourts. I ask unanimous consent that the read­ Mr. ROBERT C. BYRD. Mr. President, THE DEBT LIMITATION BILL TO­ ing of the J oumal of the proceedings of I ask unanimous consent that the nomi­ MORROW Tuesday, June 27, 1972, be dispensed nations be considered en bloc. Mr. ROBERT C. BYRD. Mr. President, with. The ACTING PRESIDENT pro tern- I ask unanimous consent that, on tomor-