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The President's 1972 Environmental Program.Council on Environmental Quality, Washington, D.C.Mar 72209p.Superintendent of. Documents, U.S. Government PrintingOffice, Washington, D.C. 20402 ($1.75, Stock No.4111-0009)

EDRS PRICE MF-$0.65 HC-$9.87DESCRIPTORS *Environment; *Federal Legislation; *Federal

Programs; Management Systems; *Natural Resources;Problem Solving; *Program Proposals; Quality Control;Reports

ABSTRACTAssembled in this compilation are the President's

Message on the Environment and specific information on thePresident's 1972 environmental proposals. The information includesbills submitted to the Congress, together with letters of transmittaland section-by-section analyses; Executive Orders; and a briefdescription of other initiatives that are not incorporated in formaldocuments or for which such documents are being prepared. Proposalscover the follow1ng areas: toxic waste disposal and sediment control,sulfur oxides emission charge, recycling wastes, integrated pestmanagement, a national land use policy, tax incentives to preservecoastal wetlands, management of public lands, predator control,endangered species, Big Cypress National Fresh Water Reserve, GoldenGate National Recreation Area, conversiDn of federal properties toparks, preservation of wilderness areas, off-road vehicles, UnitedNations Fund for the Environment, and marine pollution. Summarystatements indicate that active participation by informed citizens isessential to the establishment of needed institutions and mechanismsfor protecting the environment. (BL)

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S DEPARTMENT OF HEALTHEDUCATION & WELFAREOFFICE OF EDUCATION

THIS DOCUMENT HAS BEEN REPRODUCED EtACTL) AS RECEIVED FROMTHE PERSON OR ORGANIZATION ORIUINATING IT POINTS Of VILV OH OPINIONS STATED DO NOT NECESSARILNREPRESENT OFFICIAL Of VICE Of LOUCATION POSITICN OR POLICN

Publications of theCouncil on Environmental Quality:*

Environmental QualityThe First Annual Reportof the Council on Environmental Qual ity ED tp& jOI

Ocean DumpingA National Policy ED o 5-5- 891

The President's 1971 Environmental Program

Toxic Substances

Environmental QualityThe Second Anneal Report ED 0 S5 92of the Council on Environmental Quality

*Available at the US. Government Printing Office

o theoresidenLs972environmentalprogram

compiled by the council on

For sole by the Superintendent of Documents, U.S. Government Printing Office,Washington, D.C. 20402 - Price $1.75

Stock Number 4111-0009

ForeworcFor your convenience, we have assembled the President'sMessage on the Environment and specific information onthe President's 1972 proposals. As in The President's1971 Environmental Program, this information includesbills submitted to the Congress, together with letters oftransmittal and section-by-section analyses; ExecutiveOrders; and a brief description of other initiatives thatare not incorporated in formal documents or foxwhich suchdocuments are being prepared. Wetterzs)e thati4ese materialswill be helpful to you in more fullr.utridersfandirOtheproblems of our environment and theggesident-'4roposals-fortheir solution. Active participaliiauw y informed

:citizens is essential to the establishownfef neededinstitutions and mechanisms for protecting the enxiironment.

Russell :E171tiniar,,. :Chairman,

TSord ontd

contentsForeword iii

I The President's Message on the Environment

II The President's Proposals 13

Toxic Waste° Disposal and Sediment Control 15

Sulfur OxidestEmission Charge 39

Recycling Wastes 67

Integrated Pest Management 71

A National' band Use. Policy 77Tax Incentiveao Preserve CoasfciMetlands 95

Management:of. Public Lands HS

. Predator Contrail 141

.EndangerediFpecies IZ7

`Big Cypreis NakionarEresirAY/c"c.Golden Gate tiititio-nali:Recceatta- 193

Conversion of Fideral Properties to Parks 207

Preservation of Wilderness Areas 211

Off -Road Vehicles 215

United NatiOns Fund for the Environment 221

Marine Pollution 225

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To the Congress of the United States:

From the very first, the American spirit has been one of self-relianceAnd confident action. Always we have been a people to say with Henley,"I am the master of my fate . . . the captain of my soul" a peoplesure that man commands his own destiny. What has dawned dramaticallyupon us in recent years, though, is a new recognition that to a significantextent man commands as well the very destiny of this planet where helives, and the destiny of alilife upon it. We have even begun to see thatthese destinies are not many and separate at allthat in fact they areindivisibly one.

This is the environmental awakening. It marks a new sensitivity ofthe American spirit and a new maturity of American public life. It isworking a revolution in values, as commitment to responsible partner-ship with nature replaces cavalier assumptions that we can play God withour surroundings and survive. It is leading to broad reforms in action,as individuals, corporations, government, and civic groups mobilize toconserve resources, to control pollution, to anticipate and prevent emerg-ing environmental problems, to manage the land more wisely, and topreserve wildness.

In messages to the Congress during 1970 and 1971 I proposed com-prehensive initiatives reflecting the earliest and most visible concerns ofthe environmental awakening. The new cast of the public mind had tobe translated into new legislation. New insights had to have new govern-mental forms and processes through which to operate. Broadly-basedpioblemssuch as air pollution, water pollution and pesticide hazardshad to be dealt with first.

The necessary first steps in each of these areas have now been takenthough in all of them the work is far from completed. Now, as we press onwith that work in 1972, we must also come to grips with the basic factorswhich underlie our more obvious environmental problemsfactors likethe use of land and the impact of incentives or disincentives built intoour economic system. We are gaining an increasingly sophisticated under-standing of the way economic, institutional, and legal forces shape oursurroundings for good or ill; the next step is learning how to turn suchforces to environmental benefit.

Primary responsibility for the actions that are needed to protect andenhance our environment rests with State and local government, con-sumers, industry, and private organizations of various kindsbut theFederal Government must provide leadership. On the first day of thisdecade I stated that "it is literally now or never" for true quality of lifein America. Amid much encouraging evidence that it can and will be"now," we must not slacken our pace but accelerate it. Environmentalconcern must crystallize into permanent patterns of thought and action.

What began as environmental awakening must mature finally into a newand higher environmental way of life. If we flag in our dedication andwill, the problemsi themselves will not go away. Toward keeping thmomentum of awareness and action, I pledge my full support and thatof this. Administration, and I urgently solicit the continuing cooperationof the Congress and the American people.

Two YEARS' AGENDA

From Consideration to Action

In my 1971 environmental message, just one year agotoday, I sent to the Congress a comprehensive programdesigned to clean up the problems of the past, and to dealwith emerging problems before, they become critical.These proposals included :

Regulation of toxic substancesCompresensive improvement in pesticide control au-

thorityNoise controlPreservation of historic buildingsPower plant sitingRegulation of environmental effects of surface and

underground miningOcean dumping regulationMore effective control of water pollution through a

greatly expanded waste treatment grant program andstrengthened standard-setting and enforcement authorities

A National Land Use Policy ActSubstantial expansion of the wilderness systemExpanded international cooperationTo date, most of the legislation on this list has been the

subject of congressional hearings; most of it has attractedheartening interest and support; but none of it has yet rc-ctived final congressional action. Last year was, quiteproperly, a year of consideration of these measures by theCongress. I urge, however, that this be a year of actionon all of them, so that we can move on from intention toaccomplishment in the important needs they' address. Pas-sage of these measures and creation of the unified Depart-ment of Natural Resources which I also proposed in1971by this 92nd Congresswill be essential if we areto have an adequate base for improving environmentalquality.

Budding on the Base

As that base is being established, we must move aheadto build wisely and rapidly upon it. I shall outline todaya plan for doing that, with initiatives and actions in thefollowing areas:

Tightening pollution controlA Toxic Wastes Disposal Control ActLegislation to control sediment from constructionactivities

An emissions charge to reduce sulfur oxide airpollutionClean energy research and energy conservationmeasures

Making technolcgy an environmental allyIntegrated pest managementStepped-up research on noise controlStepped-up research on air pollution effects andmeasurement

Improving land useExpansion and strengthening of the National LandUse Policy ActProtection of wetlands

Protecting our natural heritageA ban on use of poisons for predator control onpublic landsA stronger law to protect endangered species ofwildlife

Lig Cypress National Fresh Water ReserveNational Recreation Areas around New York Har-bor and the Golden GateConversion of 20 additional Federal properties torecreational use18 new Wilderness AreasRegulation of off-road vehicles on Federal lands

Expanding international cooperation on the environ-ment

Establishment of a United Nations Fund for theEnvironmentFurther measures to control marine pollution

Protecting children from lead-based paintEnlisting the young

President's Environmental Merit Awards Programfor high schools

Youth opportunities in the Department of Agricul-ture Field Scout program.

TIGHTENING POLLUTION CONTROL

The legislative framework for dealing with our majorair pollution problems has become law, and I have madecomprehensive recommendations regarding water pollu-tion control. But several problems remain to be addressedwhich are difficult to deal with under the general pollu-tion control authorities.

DISPOSAL OF TOXIC WASTES

Increasingly strict air and water pollution controllaws and their more effective enforcement have led togreater reliance on landboth surface and under-groundfor disposal of waste products from the toxicsubstances being used in ever greater volume and varietyin our society. Without adequate controls, such wastedisposal may cause contamination of underground andsurface waters leading to direct health hazards.

I propose a Toxic Wastes Disposal Control Act,under which the Environmental Protection Agencywould establish Federal guidelines and requirements forState programs to regulate disposal on or under the landof those toxic wastes which pose a hazard to health. Theact would provide for Federal enforcement action if aState should fail to establish its own program.

SEDIMENT CONTROL

Sediment, small particles of soil which enter the water,is the most pervasive water pollution problem which doesnot come primarily from municipal or industrial sources.Heavy loads of sediment interfere with many beneficialuses of water, such as swimming and, water supply, andcan change the entire character of an aquatic environ-ment. Many of our great waterways are afflicted with thisproblem. In our urban areas, a significant amount of sedi-ment comes from construction. However, if proper con-struction practices are followed, sediment runoff from thissource can be greatly reduced.

I propose legislation calling upon the States to estab-lish, through appropriate local and regional agencies,regulatory programs to control sediment affecting waterquality from earth-moving activities such as building androad construction.

The Environmental Protection Agency, together withother Federal agencies, would develop Federal guidelinesfor appropriate control measures. Federal enforcementwould take place in situations where a State failed toimplement such a program.

SULFUR OXIDES EMISSIONS CHARGE

In my 1971 Environmental Message, I announcedplans to ask for imposition of a charge on sulfur oxidesemissions, one of the air pollutants most damaging tohuman health and property, and vegetation. The Coun-cil on Environmental Quality, the Treasury Departmentand the Environmental Protection Agency have nowcompleted their studies on this measure and have devel-oped the details of an emission, charge proposal.

I propose a charge on sulfur emitted into the atmos-phere from combustion, refining, smelting, and other

This charge would begin in 1976 and apply in allregions where the air quality does not meet nationalstandards for sulfur oxides during 1975. The chargewould be 15¢ per pound on sulfur emitted in regions

5

where the primary standardswhich are ,.,signed to beprotective of public health have not been met withinthe deadline for achievement prescribed in the Clean AirAct. In regions where air quality met the primary stand-ard but exceeded the secondary national standardde-signed to protect property, vegetation, and aestheticvaluesa charge of $.10 per pound of sulfur emittedwould apply. Areas which reduce emissions sufficientlyto meet both primary and secondary air quality stand-ards would be exempt from the emission charge.

This charge is an application the principle that. thecosts of pollution should be included in the price of theproduct. Combined with our existing regulatory author-ity, it would constitute a strong economic incentive toachieve the sulfur oxides standards necessary to protecthealth, and then further to reduce emissions to levelswhich protect welfare and aesthetics.

CLEAN ENERGY GENERATION AND CONSERVATr`.-

Ours is an energy-based economy, and energy resourcesare the basis for future economic progress. Yet the con-sumption of energy-producing fuels contributes to manyof our most serious pollution problems. In order to haveboth environmental quality and an improving stand-ard of living, we will need to develop new clean energysources and to learn to use energy more efficiently.

Our success in meeting energy needs while preventingadverse environmental effects from energy generation andtransmission will depend heavily on the state of availabletechnology. In my message to the Congress on energy oflast June, I announced a series of steps to increase researchon clean and efficient energy product..m. But furtheraction is needed.

As part of my new commitment to augment Federalresearch and development and target it more effectivelyon solving domestic problems, I have requested in the1973 budget an additional $88 million for developmentof a broad spectrum of new technologies for producingclean energy.

In addition to carrying forward the priority efforts Ihave already announcedthe liquid metal fast breeder reactor, pipeline quality gas from coal, and sulfur oxide con-trol technologythe budget provides funds for new o:increased efforts on fusion power, solar energy, magneto-hydrodynamics, industrial gas from coal, dry coolingtowers for power plant waste heat, large energy storagebatteries and advanced underground electric transmission lines. These new efforts relate to both our immediateand our future energy problems, and are needed to assureadequate supplies of clean energy.

My message on energy also announced several stepsthat would be taken by the Federal Government to useenergy more efficiently and with less environmental harm.One of these steps was issuance by the Secretary of Hous-ing and Urban Development of revised standards for insu-lation in new federally insured houses. The new standardsfor single-family structures, which have now been issued

through the Federal Housing Adnainistrationreduce themaximum permissible heat loss by about one-third fora typical home. The fuel savings which will result from theapplication of these new standards will, in an averageclimate, exceed in one year the cost of the addititonal in-sulation required.

I am now directing the Secretary of I-lousing and Ur-ban Development to issue revised insulation standards forapartments and other multifamily structures not coveredby the earlier revision. The new rules will cut maximumpermissible heat loss by 40% .

The savings in fuel costs after "a 5-year period will onthe average more than offset the additional constructioncosts occasioned by these revised standards.

These stricter insulation standards are only one ex-ample of administrative actions which can be taken bythe Federal Government to eliminate wasteful use of en-ergy. The Federal Government can and Must provideleadership by finding and implementing additional waysof reducing such waste.

/ have therefore instructed the Council on Environ-mental Quality and the Office of Science and Technology,working with other Federal c.gencies, to conduct sur-vey to determine what additional actions might be takento conserve energy in Federal activities.

This survey will look at innovative ways to reducewasteful consumption of energy while also reducing total.costs and undesirable environmental impact.

RECYCLING

Recyclingthe technique which treats many types ofsolid wastes not as pollutants but as recoverable and re-usable "resources out of place"is an important part ofthe answer to the Nation's solid waste burden. Last yearat my direction, the General Services Administration be-gan reorienting government procurement policies to set astrong Federal example in the use of recycled products.

Because Federal tax policy should also offer recyclingincentives, the Treasury Department is clarifying theavailability of tax exempt treatment industrial revenuebond financing for the construction of recycling facilitiesbuilt by private concerns to recycle their own wastes.

THE ENVIRONMENTAL TRANSITION

Many environmental problems are influenced by theway our economy operates. Conversely, efforts to improveenvironmental quality have an impact on the economy.Our national income4 accounting does not explicitly rec-ognize the cost of pollution damages to health, materials,and aesthetics in the, computation' of our economic 'well-being. Many goods and ,services fail to bear the full costsof the damages they cause from pollution, and hence areunderpriced.

Environmental quality requirements will affect many ofour by imposing new costs on production. Weknow that these impacts fall unevenly on industries, new

and old firms, and on communities, but little concretedata has been available. Contract studies have recentlybeen performed for the Council or Envi.-inmental Qual-ity, the Environmental Protection Agency, and the De-partment of Commerce, under the policy guidance of theCouncil of Economic Advisers. These initial studies sug-gest that pollution control costs will result in some priceincreases, competitive trade disadvantages, and employ-ment shifts. The major impact of these costs will be onolder, and usually smaller plants.

As long as we earefully'set our environmental goals toassure that the benefits we achieve are greater than thesocial and economic costs, the changes which will occurin our econotny are desir'able, and we as a- nation willbenefit from them.

MAKING TECHNOLOGY AN ENVIRONMENTAL ALLY

The time has come to increase the technoIc;t: re-sources allocated to the challenges of meeting high-prioritydomestic needs. In my State of the Union Message lastmonth, I announced an expanded Federal research anddevelopment commitment fo.- this purpose. There is greatpotential for achievement through technology in the fightagainst pollution and the larger drive for quality in ourenvironment.

The temptation to cast technology in the role of ecolog-ical villain must be resistedfor to do so is to depriveourselves of ' vital tool available for enhancing environ-mental quality. As Peter Drucker has said, "the environ-ment is a problem of [the] success" of technologicalsociety, by no means a proof of its failure. The difficultieswhich some applications of technology have engenderedmight indeed be rectified by turning our backs on the 20thcentury, but only at a price in privation which we do notwant to pay and do not hase to pay. Therc is no need tothrow out the baby with the bath water. technology canand must be wisely applied ,so that it becomes environ-mentally self-corrective. This is the standard for whichwe must aim.

INTEGRATED PEST MANAGEMENT

Chemical pesticides are a familiar example of a tech-nological innovation which has provided important bene-fits to man but which has also produced unintended andunanticipated harm. New technologies of integrated pestmanagement must be developed so that agricultural andforest productivity can be maintained together with,rather than at the expense of, environmental quality. In-tegrated pest management means judicious use of selec-tive chemical pesticides in combination with nonchernicalagents and methods. It seeks to maximize reliance on suchnatural pest population 'controls as predators, sterilization,and pt diseasm The following actions are being taken:

have arected the Department of Agriculture, theNational Science Foundation, and the EnvironmentalProtection Agency to launch a large-scale integrated pest

management research and development program. `.?" his

program will be conducted by a numberuniversities.

I have dii acted the Departmercrease field testing of promising ne: P,tection and control. Also, other exisiii, ,wideapplication programs will be examined for the purpose ofincorporating new pest management techniques.

I have directed the Departments of Agriculture andof Health, Education, and Welfare to encourage, the de-velopment of training and certification programs at ap-propriate academic institutions in order to provide thelarge number of crop protection specialists that will beneeded as integrated pest management becomes morefully utilized.

have authorized the Department of Agriculture toexpand its crop field scout demonstration program tocover nearly four million acres under agricultural produc-tion by the upcoming growing season.

Through this program many unnecessary pesticideapplications can be eliminated, since the scouts will beused to determine when pesticide applications are actually

In my message on the environment last February, I pro-posed a comprehensive revision of our pesticide controllawsa revision which still awaits final congressionalaction. Also essential to a sound national peStiCi+le policyare measures to ensure that agricultural workers are pro-tected from adverse exposures to these chemic.0s.

--I am directing the Departments of Labor and Health,Education, and Welfare to develop standards under theOccupational Safety and Health Act to protect suchworkers from pesticide poisoning.

NOISE CONTROL RESEARCH

Scientific findings increasingly confirm what few urbandwellers or industrial workers need to be toldthat ex-cessive noise can constitute a significant threat to humanwell-being. The Congress already has before it a compre-hensive noise control bill, which I proposed a year ago. Aquieter environment cannot simply be legislated into be-ing. We shall also need to develop better methods toachieve our goal.

I have requested in my 1973 budget a $2.' millionincrease in research and development funds for reducingnoise from airplanes. I have also requested new funds forresearch and development for reducing street traffic noise.

RESEARCH ON AIR POLLUTION EFFECTS ANDMEASUREMENT

Our pollution control efforts are based largely on theestablishment of enforceable standards of environmentalquality. Initial standards have \ often been based on in-complete knowledge because the necessary informationhas not been available. Also, the lack of adequate instru-ments to measure pollution and of models oi how pollut-

ants are dispersed has made it difficult to know exactlyhow much pollution must he controlled in a particulararea. We need added research and development to makemore precise judgments of what standards should be setand how we can most practically achieve our goals.

I have requested in my 1973 but4, an additional$12 million to increase research on the health effects ofair pollution, on regional air pollution modeling, and onimproved pollution instrumentation and measurement.

IMPROVING LAND USE

In recent years we have come to view our land as a lim-ited and irreplaceable resource. No longer do we imaginethat there will always be more of it over the horizonmore woodlands and shorelands and wetlands--if we ne-glect or overdevelop the land in view. A new maturity isgiving rise to a land ethic which recognizes that improperland use affects the public interest and limits the choicesthat we and our descendants will have

Now we must equip our institutions to carry out the re-sponsibility implicit in this new outlook. We must createthe administrative and regulatory mechanisms necessaryto assure wise land use and to stop haphazard, wasteful,or environmentally damaging development. Some Statesare moving ahead on their own to develop stronger land-use institutions and controls. Federal programs can andshould reinforce this encouraging trend.

NATIONAL LAND USE POLICY ACT

The National Land Use Policy Act, which I proposedto the Congress last year, would provide Federal assistanceto encourage the States, in cooperation with local gov-ernments, to protect lands which arc of critical environ-mental concern and to control major development Whilenot yet enacted, this measure has been the subject of muchuseful debate.

I propose amendments to this pending NationalLand Use Policy legislation which would require States tocontrol the siting of major transportation facilities, andimpose sanctions on any State which does not establish anadequate land use program.

Under these amendments, the State programs estab-lished pursuant to the act would not only have to embodymethods for controlling land use around key growthinducing developments such as highways, airports, andrecreational facilities; the States would also have to pro-vide controls over the actual siting of the major highwaysand airports themselvis. The change recognizes the factthat these initial siting decisions, once made, can oftentrigger runaway growth and adverse environmentaleffects.

The amendments would further provide that any Statethat had not established an acceptable land use programby 1975 would be subject to annual reductions of certainFederal funds. Seven percent of the funds allocated undersections of the Airport and Airways Development Act, the

Federal-Aid Highway Acts including the Highway TrustFund, and the Land and Water Conservation Fund,would be withheld in the first year. An additional 7 percent would be withheld for each additional year that aState was without an approved land use program. Moneythus withheld from noncomplying States would' al-located among States which did have acceptableprograms.

These strong new amendments are necessary in viewof the significant effect that Federal programs, particularlytransportation programs, have upon land use decisions.

PROTECTION OF WETLANDS

The Nation's coastal and estuarine wetlands are vitalto the survival of a wide variety of fish and wildlife; theyhave an important function in controlling floods and tidalforces; and they contain some of the most beautiful areasleft on this continent. These same lands, however, areoften some of the most sought-after for development. Asa consequence, wetland acreage has been declining asmore and more areas are drained and filled for residential,commercial, and industrial projects.

My National Land Use Policy Act would direct Stateattention to these important areas by defining wetlandsamong the "environmentally critical areas" which itsingles out for special protection, and by giving priorityattention to the coastal zones. I propose to supplementthese safeguards with new economic disincentives to fur-ther discourage unnecessary wetlands development.

I propose legislation to limit applicability of certainFederal tax benefits when development occurs in coastalwetlands.

MANAGEMENT OF PUBLIC LANDS

During 1971, I acted to strengthen the environmentalrequirements relating to, management and use of the Nation's vast acreage of federally-owned public lands ad-ministered by the Department of, the Interior. I proposednew legislation to establish an: overall management policyfor the public lands, something which we have beenwithout for far too long. This legislation, still pendingbefore the Congress, would direct the Secretary of theInterior to manage our public lands in "a manner thatwould protect their environmental quality for present andfuture generation& The policy which it would establishdeclares the retention of the public lands to be in the na-tional interest except where disposal of particular tractswould lead to a significant improvement in their manage-ment, or where the disposal would serve important publicobjectives which cannot be achieved on non-public lands.

PROTECTING OUR NATURAi. HERITAGE

Wild places and wild things constitute a treasure to becherished and protected for all time The pleasure and refreshment which they giVe man confirm their value to so-ciety. More importantly perhaps, the vvonder, beauty, and

elemental force in which the least of them share suggest ahigher right to existnot granted them by man and nothis to take away. In environmental policy as anywhereelse we cannot deal in absolutes. Yet we can at least giveconsiderations like these more relative weight in the seven-ties, and become a more civilized people in a healthierland because of it

PREDATOR CONTROL

Americans today set high value on the preservation ofwildlife. The old notion that "the only good predator is adead one" is no longer acceptable as we understand thateven the animals and birds which sometimes prey on do-mesticated animals have their own value in maintainingthe balance of nature.

The widespread use of highly toxic poisons to kill coy-otes and other predatory animals and birds is a practicewhich has been a source of increasing concern to theAmerican public and to the federal officials responsiblefor the public lands.

Last year the Council on Environmental Quality andthe Department of the Interior appointed an AdvisoryCommittee on Predator Control to study the entire ques-tion of predator and related animal control activities. TheCommittee found that persistent poisons have beenapplied to range and forest lands without adequate knowl-edge of their effects on the ecology or their utility in pre-venting losses to livestock. The large-scale use of poisonsfor control of predators and field rodents has resulted inunintended losses of other animals and in other harmfuleffects on_natural ecosystems. The Committee concludedthat necessary control of coyotes and other predators canbe accomplished by methods other than poisons.

Certainly, predators can represent a threat to sheep andsome other domesticated animals. But we must use moreselective methods of control that will preserve ecologicalvalues while continuing to protect livestock.

am today issuing an Executive Order barring theuse of poisons for predator control on all public lands.(Exceptions will be made only for'or emergency situations.)I also propose legislation to shift the emphasis of the cur-rent direct Federal predator control program to one ofresearch and technical and financial assistance to theStates to help them control predator populations by meansother than poisons.

ENDANGERED SPECIES

It has only been in_recent years that efforts have beenundertaken to list, and protect those species of animalswhose continued existence is in jeopardy. Starting withour national symbol, the bald eagle, we have expandedour concern over the eminction of these animals to includethe present list of over 100. We have already found, how-ever, that even the most recent act to protect endangeredspecies, which dates only from 1969, simply does not pro-vide the kind of management tools needed to act early

enough to save a vanishing species. In particular, existinglaws do not generally allow the Federal Government tocontrol shooting, trapping, or other taking of endangeredspecies.

1 propose legislation to provide for early identifica-tion and protection of endangered species. My new pro-posal would make the tak of endangered species aFederal offense for the 4. and would permit pro-tective measures to under, oefore a species is sodepleted that regenera.:on it tilt or impossible.

MIGRATORY SPECIES

The protection of migratory pecies, besides preservingwildlife values, exemplifies cooperative environmental ef-fort among the United States, Canada, and Mexico. Bytreaties entered into among these three countries, migra-tory species are protected. New species may be added bycommon agreement between the United States andMexico.

I have authorized the Secretary of State, in conjunc-tion with the Secretary of the Interior, to seek the agree-ment of the Mexican Government to add 33 new familiesof birds to the protected list.

Included in the proposal are eagles, hawks, falcons,owls, and many of the most attractive species of wadingbirds. 'I am hopeful that treaty protection can be accordedthem in the near future.

BIG CYPRESS NATIONAL FRESH WATER RESERVE

After careful review of the environmental significanceof the Big Cypress Swamp in Florida, particularly, of theneed for water from this source to maintain the uniqueecology of Everglades National Park, I directed the Secre-tary of the Interior to prepare legislation to create the BigCypress National Fresh Water Reserve. This legislation,which has now been submitted to the Congress, will em-power the Federal Government to acquire the requisitelegal interest in 547,000 acres of Big. Cypress.

NEW PARKLANDS AT THE GATEWAYS

The need to provide breathing space and recreationalopportunities in our major urban centers is a major concern of this Administration. Two of the Nation's majorgateways to the worldNew York City and San Fran-ciscohave land nearby with exceptional scenic and recre-

. ational potential, and we are moving to make that landavailable for people to enjoy. In May of 1971, I proposedlegislation to authorize a Gateway National RecreationArea in New York and New Jersey. This proposal wouldopen to a metropolitan region of more than 14 millionpeople a National Recreation Area offering more than23,000 acres of prime beaches, wildlife preserves, andhistorical attractions including the nation's oldest operating lighthouse.

On our woltem shore lies another area uniquely appro-priate for making recreational and scenic values more ac-cessible to a metropolitan community.

1 propose legislation to establish a Golden Gate Na-tional Recreation Area in and around San FranciscoBay.

This proposal would encompass a number of existingparks, military reservations, and private lands to providea full range of recreation experiences. Altogether, the areawould encompass some 24,000 acres of fine beaches,rugged coasts, and readily accessible urban parklands, ex-tending approximately 30 miles along some of America'smost beautiful coastline north and south of Golden GateBridge. Angel and Alcatraz Islands in the bay would bewithin the, bouniaries of the National Recreation Area,as would a number of properties on the mainland whichafford magnificent views of the city, the bay and theocean: As part of this plan, I am directing that thePresidio at San Francisco be opened for dual military andcivilian recreational uses.

CONVERTING FEDELAL PROPERTIES TO PARKS

Among the most important legacies that we can passon to future generations is an endowment of parklandsand recreational areas that will enrich leisure opportuni-ties and make the beauties of the earth and sea accessibleto all Americans. This is the object of our Lzgacy of Parksprogram, initiated early in 1971. As part of this program,I directed the Property Review Board to give priorityto potential park and recreation areas in its search for al-ternative uses of federally held real property. The resultsof this search so far have been most encouraging. To theoriginal 40 properties which I announced in my Environ-mental Message of 1971 as being well suited for park use,another 111 prospects have been added. And from thistotal of 151 prospective parklands, 63 have already beenmade available.

Today I am pleased to announce that 20 more par-cels of Federal land are being made available for parkand recreation use

These newest parcels, combined with those which havebeen announced over the past year, provide a lcgacy of 83parklands for America which comprise 14,585 acres in31 States and. Puerto Rico. The estimated fair marketvalue of these properties is over. $56 million. In the monthsto come, every 'effort will be made to extend this legacyto all 50 States. The green spaces and natural retreats thatwe tend to take for granted will not be available for futureenjoyment unless we act now to develop and protect them.

WILDERNESS AREAS

One of the first environmental goals I set when I tookoffice was to stimulate the program to identify and recommend to the Congress new wilderness areas. Although thisprogram was behind schedule at that time, I am now able

to report that the September, 1974 statutory deadline forreviews can and will be met.

The Wilderness Act of 1964 set aside 54 areas, consist-ing of about 9.1 million acres, as the nucleus of our wilder-ness system. Since then, 33 new areas totalling almost 1.2million acres within National Forests, National Parks, andNational Wildlife Refuges have been added to the system.Thirty-one areas totalling about 3,.6 million acres, includ-ing 18 areas submitte." this Administration, have beenproprA- ' " Cn GUI have yet to be acted upon.On( t elements of this process hasbeen the active participation by the public in all of itsphases. At public wilderness hearings held all across thecountry, fair consideration has been given to all interestsand points of view, with constructive citizen involvementin the decision-making process.

I am today proposing 18 new wilderness areas which,zvhen approved, will add another 1.3 million acres to thewilderness system.

Eight of these proposals are within the National Forests,four are within National Park areas, and six are in Na-tional Wildlife Refuges.

Of these areas, 1.2 million acres would be in the following National Forests: Blue Range National Forest,Arizona and New Mexico; Agua Tibia and EmigrantNational Forests, California; Eagles Nest and WeminticheNational Forests, Colorado; Mission Mountains NationalForest, Montana; Aldo Leopold National Forest, NewMexico; and Glacier National Forest, Wyoming.

A total of 40,000 acres would be in our National Parksystem in the following locations: Black Canyon of theGunnison National Monument, Colorado; Bryce CanyonNational Park, Utah; Chiricahua National Monument,Arizona; Colorado National Monument, Colorado.

Finally, a total of 87,000 acres would be in areas administered by the Fish and Wildlife Services of the De-partment of the Interior in the following locations: St.Marks, National Wildlife Refuge,^ Florida; Wolf Island,National Wildlife Refuge, Georgia; Moosehom NationalWildlife Refuge, Maine; San Juan Islands, NationalWildlife Refuge, Washington; Cape R.ornain, Na-tional Wildlife Refuge, South Carolina; and Bosque delApache, National Wildlife Refuge, New Mexico.

The year 1972 can bring some of the greatest accom-plishment M wilderness preservation since passage of theWilderness Act in 1964: I urge prompt and systematicconsideration by the Congress of these 18 new proposalsand of the 31 currently pending before it Approval of all49 additions would bring the system up to a total of over15 million acres.

Unfortunately, few of these wilderness areas are withineasy access of the most populous areas of the UnitedStates. The major purpose ofp my Legacy of Parks pr

.o-

igram is to bring recreation opportunities closer to the peo-ple, and while wilderness is only one such opportunity, itis a very important one. A few of the areas proposed today

or previously are in the eastern sections of the country, butthe great majority of wilderness areas are found in theWest. This'of course is where most of our pristine wildareas are. But a greater effort can still be made to see thatwilderness recreation values are preserved to the maxi-mum extent possible, in the regions where most of our peo-ple live.

I am therefore directing the Secretaries of Agricul-ture and the Interior to accelerate the identification ofareas in the Eastern United States having wildernesspotential.

OFF-ROAD VEHICLES

A recent study by the Department of the Interior esti-mated that Americans own more than 5 million off-roadrecreational vehiclesmotorcycles, minibikes, trail bikes,snowmobiles, dune-buggies, all- terrain, vehicles, andothers. The use of these vehicles is dramatically on the increaser data show a three-fold growth between 1967 and1971 alone.

As the number of off-road vehicles has increased, so hastheir use on, public lands. Too often the land has sufferedas a result. Increasingly, Federal recreational lands havebecome the focus of conflict between the newer motorizedrecreationist and the traditional hiker, camper, and horse-back rider. In the past, Federal land-management agen-cies have used widely varying approaches to dealing withthis conflict. The time has come for a unified Federal pol-icy toward use of off-road vehicles on Federal lands.

I have today signed an Executive Order directing theSecretaries of Agriculture, Interior, Army and the Boardof Directors of the Tennessee Valley Authority to developregulations providing for control over the use of off-roadvehicles on Federal lands.

They will designate areas of use and non. use, specify,operating conditions, that will be necessary to minimizedamage to the natural resources of the. Federal lands, andensure compatibility with other recreational uses, takinginto account noise and other factors.

EXPANDING INTERNATIONAL COOPERATION ON THEENVIRONMENT

We are now growing accustomed to the view of ourplanet as seen from spacea blue and brown diskshrouded in white patches of clouds. But we do notponder often enough the striking lesson it teaches aboutthe global reach of environmental imperatives. No matterwhat else divides men and nations, this perspective shouldunite them. We must work harder to foster such worldenvironmental consciousness and shared purpose.

UNITED NATIONS CONFERENCE ON THE HUMANENVIRONMENT

To cope with environmental questions that are trulyinternational, we and other nations look to the first worldconference of governments ever convened on this subject:

the United Nations Conference on the .Human Environ-ment, to be held in Stockholm, Sweden, in June of thisyear. This should be a seminal event of the internationalcommunity's attempt to cope with these serious, sharedproblems of global concern that transcend political dif-ferences.

But efforts to improve the global environment cannotgo forward without the means to act.

To help provide such means, I propose that a volun-tary United Nations Fund for the Environment be estab-lished, with an iniaal funding goal of $100 million for thefirst 5 years.

This Fund would help to stimulate international co-operation on environmental problems by supporting acentralized coordination point for United Nations activities in this field. It would also help `-o bring new resourcesto bear on the increasing number of worldwide problemsthrough activities such as monitoring and cleanup of theoceans and atmosphere.

If such a Fund is established, I will recommend tothe Congress that the. United States commit itself to pro-vide its fair share of the Fund on a matching basis overthe first 5 years.

This level of support would provide start-up assistanceunder mutually agreed-upon terms. As these programs getunderway, it may well be that the member nations willdecide that additional resources are required. I inviteother nations to join with us in this commitment to mean-ingful action.

CONTROL OF MARINE POLLUTION.

Ocean pollution is clearly one of our major interna-tional environmental problems. I am gratified that in thepast year the Congress has taken several steps to reducetht risks of oil spills on the high seas. However furthercongressional action is needed to ratify several pendinginternational conventions and to adopt implementing leg-islation for the various oil-spill conventions which havebeen ratified or which are awaiting approval.

Action on these recommendations will complete the firstround of international conventions to deal with marinepollution. We have taken initiatives in three internationalforums to develop a second and more sophisticated roundof agreements in this area We are preparing for a 1973Intergovernmental Maritime Consultative Organization -

(IMCO) Conference to draft a convention barring in'tentional discharges to the sea of oil and hazardous substances from ships. In conjunction with the Law of theSea COnference scheduled for 1973, we are examiningmeasures to control the effects of developing undersearesources. And, in the preparatory work for the 1972 U.N.Conference on the Human Eltvironment, progress hasbeen made on an agreement to regulate the ocean dump-ing of shore-generated wastes and further work in thisarea has been scheduled by IMCO. We hope to concludeconventions in each of these areas by 1973:

459-564 0 - 72 - 2

PROTECTING CHILDREN FROM LEAD-BASED PAINT

To many Americans, "environment" means the citystreets where they live and work. It is here that a localizedbut acutely dangerous type of "pollution" has appearedand stirred mounting public concern.

The victims are children: the hazal cl is lead-basedpaint. Such paint was applied to the walls of most dwell-ings prior to the 1950's. When the paint chips and-peelsfrom the walls in dilapidated housing, it is frequentlyeaten by small children. This sometimes results in leadpoisoning which can cause permanent mental retardationand occasionally death. We can and must prevent un-necessary loss. of life and health from this hazard, whichparticularly afflicts the poorest segments of our population.

To help meet the lead-paint threat, the Departmentof Health, Education, and Welfare will adminiiter grantsand technical assistance to initiate prograrns-in'over 50communities to test children in high-risk areas for leadconcentrations. In addition, these programs will supportthe development of community organization and publiceducation to increase public awareness of this hazard.Other Federal agencies are also active in the effort to com-bat lead-based paint poisoning. ACTION, and other vol-unteers will assist city governments to help alleviate leadpaint hazards. The Department of Housing and UrbanDevelopment is engaged in research and other actionsto detect and eliminate this hazard.

The resources of the private sector should also be uti-lized through local laws requiring owners of housingwherever possible to control lead paint hazards.

ENLISTING THE YOUNG

The starting point of environmental quality is in thehearts and minds of the people. Unless the people have adeep commitment to the new values and a clear under-standing of the new problems, all our laws and programsand spending will avail little. The young, quick to com-mit and used to learning, are gaining the changed out-look fastest of all. Their enthusiasm about the environ-ment spreads with a healthy contagion: their energy inits behalf can be an impressive force for good.

Four youth participation programs of mutual benefit tothe young and the Nation are now planned or underway:

Last October, I initiated the Environmental1 MeritAwards Program. This program, directed by, the Environ-mental Protection Agency in cooperation with the U.S.Office of Education, awards national recognition to suc-cessful student projects leading to environmental under-standing or improvement. Qualifications for the awardsare determined by a local board consisting of secondaryschool students, faculty, and representatives of the localcommunity. Already more than 2,000 high schools, rep-resenting all fifty States, have registered in the program.

The Department of Agriculture's expanded field scoutdemonstration program, designed to permit more effective

pest control with less reliance on chemical pesticides, willemploy thousands of high school and college students.These young people will be scouting cotton and tobaccopests in the coming growing season, and 0h ,-. program willbe expanded to other crops in future years.

The Environmental Protection Agency has recently ini-tiated in its Seattle regional office a pilot program usingyoung people to assist the agency in many of its importanttasks, inclnding monitoring. EPA is working with Stateand local pollution control agencies to identify monitor-ing needs. ACTION and the youth training programs areproviding the manpower. If this initial program provessuccessful, the concept will be expanded.

ACTION volunteers and young people employedthrough the Neighborhood Youth Corps, Job Corps, andcollege work-study programs will work with city govern-ments to help alleviate lead paint hazards, gaining experi-ence in community health work as they give urgentlyneeded aid to inner-city families.

Young people working on environmental projects,learning the skills necessary for a particular job, must alsounderstand how their work relates to the environmentalprocess as a whole. Thus, all of these activities must be sup-plemented by continued improvement in many aspects ofenvironmental education to help all of our citizens, bothyoung and old, develop a better awareness of man's rela-tion to his environment. In my first Environmental Qual-ity Report, I stressed the importance of improving theNation's "environmental literacy." This goal remains asimportant as ever, and our progress toward it mustcontinue.

ONE DESTINY

Our destiny is one this the environmental awakeninghas taught America in these first years of the seventies. Let.

us never forget, though. that it is not a destiny of fear,but of promise. As I stated last August in transmitting theSecond Annual Report of the Council on EnvironmentalQuality: "The work of environmental improvement is atask for all our people . . . The achievement of that goalwill challenge the creativity of our science and technology,the enterprise and adaptability of our industry, the respon-siveness and sense of balance of our political and legalinstitutions, and the resourcefulness and the capacity ofthis country to honor those human values upon which thequality of our national life must ultimately depend." Weshall rise to the challenge of solving our environmentalproblems by enlisting the creative energy of all of our citi-zens in a cause truly worthy of the best that each can bringto it.

While we share our environmental problems with allthe people of the world, our industrial might, which hasmade us the leader among nations in terms of materialwell-being, also gives us the responsibility of dealing withenvironmental problems first among the nations. We canbe proud that our solutions and our performance willbecome the measure for others climbing the ladder ofaspirations and difficulties; we can set our sights on astandard that will lift their expectations of what -mancan do.

The pursuit of environmental quality will requirecourage and patience. Problems that have been buildingover many years will not yield to facile solutions. But Ido not doubt that Americans have the wit and the willto winto fulfill our brightest vision of what the futurecan be.

RICHARD NIXON

The White HouseFebruary 8, 1972

the.,,s6nt

pr000sals

Toxic Waste D;:,posaland Sediment Control

ENVIRONMENTAL PROTECTION AGENCYWSHINGTON, D.C. 20460

February 8, 1972

, OFFICE OF THEADMINISTRATOR

Dear Mr. [President/Speaker] :

In accordance with the President's 1972 Messageto the Congress on the Environment, there is trans-mitted herewith a proposed bill containing TheSediment Control. Adt and The Toxic Waste DisposalControl Act, to be added as Title II and III-ol theFederal Water Pollution Control Act. They are beingsubmitted together as the Federal Water PollutionControl Act Amendments of 1972. The proposed new TitlesII and III are intended to strengthen the Act in areaswe believe are inadequately covered under both theexisting legislation and the extensive amendments ofthat legislation now pending before the Congress.

The proposed Title II, The Sediment Control Act,would supplement both the Federal Water Pollution Con-trol Act, which does not deal specifically with sedi-mentation as a water quality problem although sedimentis the major pollutant of waters by volume, and variousauthorities of the Department of Agriculture for tech-nical and financial assistance to control sedimentation.The Act would, provide for controls over non-agriculturalland-disturbing activities, primarily building androad construction activities. The concentration of suchactivities in urban-suburban areas and their substantialper-acre yield of sediment often lead to particularlysevere water quality problems.

The Act calls upon States to implement a regula-tory program, including permits Where appropriate,with respect to-sedimentation arising from such land-disturbing activities in areas where they significantlyaffect water quality: Mining activities, sedimentationfrom which would be regulated under the President'sproposed Mined Area Protection Act of 1971, are ex-cluded from the Act, along with agricultural and

silvicultural activities. Federal guidelines forState programs would be promulgated by the Environ-mental Protection Agency in consultation with theSecretaries of Housing and Urban Development, Agri-culture, and Transportation,. with other appropriateFederal agencies and with representatives of State andlocal governments. States would be given flexibilityin assigning, presumably to counties or other localgovernmental units in most cases, the responsibilityfor administering the permit and general regulatoryprogram. The bill encourages the use of existingregulatory mechanisms, such as building and gradingpermits, for providing the required sedimentationcontrols. Local components of the. State's programwould be subject to approval by the State waterquality agency. Relevant Federal permit and assis-tance programs would be used to assist States inachieving compliance with approved programs. TheEnvironmental Protection Agency would be authorizedto promulgate appropriate regulations for applicationin States failing to implement approved programs andwould be effipowered to enforce State regulations wherea State fails to do so.

The proposed Title III, The Toxic Waste DisposalControl Act, would provide for a nationwide program toregulate land and underground disposal of wastes toxicto human health.

As controls over disposal of toxic substancesdirectly into surface waters are strengthened, theuse of land or underground strata for such disposalcan be expected to increase significantly, particu-larly with the enactment of needed controls over oceandisposal, Which the President has proposed.

The program,wouldbe administered by the Statesexcept in cases of State failure to meet guidelines ofthe Environmental Protection Agencli, in '.which eventthe Agency would issue necessary regulations. Theproposed, program would substitute for the presentinadequate system,of State regulation a more orderly,nationwide system that would retain ,the best an on-going State programs under -Federal guidelines_

Both the sediment and toxic waste di,LPpoal controlprovisions would substantially enhance thc ..!ffective-ness of the Federal-State water pollution control pro-gram by providing a structured approach to two signi-ficant types of pollution. In addition, the toxicwaste disposal control provisions would help toprovide the controls over ground water contaminationWhich the President recommended a year ago.

Although the proposed "Federal Water Pollution Con-trol Act Amendments of 1972" are being recommended asamendments to the present law, we are of course awareof the extensive amendments to the law, already pendingin the Congress. Indeed, references in our bills tothe Federal Water Pollution Control Act anticipate suchwidely agreed-upon and expected reforms of the Act asprovision for effluent limitations, special standardsfor toxic pollutants, and strengthened Federal enforce-ment authority that is not limited to interstate prAlu-tion.

I would point out that S. 2770, which has passedthe Senate, contains some general provisions for con-trols over constructiontrelated sources of waterp011ution and fordisposal:of pollutants op,piunder theland. However, we believe thattheMorepecificprovisions -COntained.jn:Ourproposed athendments would.establish": a Mord.:effeCtiVe:frameWork for action.

A similar letter is being sent to the [President othe Senate/Speaker of the House].

The Office of Management and Budget advises thatenactment of this proposed legislatiOn would be inaccord with the program of the President.

Sincerely,

/s/ William D. RuckelshausAdministrator

Honorable Spiro T. AgnewPresident of the SenateWashington, D.C. 20510

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A BILL

THE FEDERAL WATER POLLUTION CONTROL ACT,AMENDMENTS 'OF:1972

To amend the Federal Water Pollution Control Act,as amended, and for other purposes.

Be it enacted by the Senate and House of Repre-sentatives of thethat this Act mayPollution ControlSECTION 1.

The Federal Water Pollution Control Act is amendedby inserting before Section 1 of such.Act the following:"Title I-Water Pollution Prevention and Control.SECTION 2.

Such'Act is further amended by adding after theaforesaid Title I, i.e., after Section 27 of, such Act,the following new Title

"TITLE II -- THE SEDIMENT CONTROL ACT"SECTION 201. PURPOSE

It is the purpose of this Title to reduce sedimen-tation from land-disturbing activities consistent withapplicable water quality standards."SECTION 202. DEFINITIONS

For the purposes of this Title --"(a) the term "Administrator" means the Adminis-

trator of the Environmental Protection Agency;(b) the term "State" means a State of the United

States, the District of Columbia, and the Commonwealthof Puerto Rico;

"(c) the term "sedithentation" means the movementof soil, rock, and mineral or other related or similarmatter, or particles thereof, into waters subject tothe standard-setting and enforcement provisions of thisAct."SECTION 203. GUIDELINES

"(a) within orie year after the enactment of thisTitle, the Administrator shall in accordance with 5

U.S.C. 553 et. seq. promulgate, and from time to timerevise, guidelines for the effective control of sedimen-tation from land-disturbing activities, including, butnot limited to clearing, grading, transporting, andfilling of land in connection with (1) the constructionof both public and Private buildings, roads, and

United States in Congress assembledbe cited as the Federal WaterAct Amendments of 1972.

highways, and (2), other activities excepting (A) usesof land for agricultural, silvicultural, ranching orgrazing purposes and (B) activities subject to regula-tion under the [proposed] Mined Area Protection Act[S. 993, H.R. 4704].

"(b) Such guidelines shall include generallyapplicable information concerning (1) demonstrablyfeasible techniques of sediment control, including in-formation on related costs; (2) effects likely to resultfrom failure to control sedimentation; (3) the extent ofcontrol achievable by the tedhniques described; and(4)- procedures for evaluating the relative costs ofattaininavarious levels of sedimentation control. Suchguidelines shall also prescribe appropriate proceduresto be followed by States in order to comply with thisTitle. Such guidelines Shall, to the extent feasibleand appropriate differentiate among various types ofsoils, size of the land area being disturbed, land usepatterns, slopes, drainage conditions, rainfall patterns,proximate water bodies and their characteristics (in-cluding but not limited to turbidity), and other rele-vant factors. The guidelines shall prescribe categoriesof land-disturbina activities for which (A) permits arerequired, (B) general regulation is required, or (C) noregulation is required for the purposes of sedimentationcontrol programs established pursuant to Section 204.

"(c) The Administrator shall consult, on a continu-ing basis with the Secretaries of Housing and UrbanDevelopment, Agriculture, Commerce, Transportation,with the heads of other appropriate Federal agencies,and with appropriate representatives of State and localgovernments, in developing and revising such guidelines."SECTION 204. STATE PROGRAMS

"(a) Within one year after the enactment of thisTitle and from time to time subsequently, asappro-priate, each State shall survey the waters within itsjurisdiction and determine on the basis of applicablewater quality standards, areas of critical sedimenta-tion (1) resulting in substantial part from activitiessubject to regulation under this Title and (2) amenableto substantial attainment of such water qualitystandards through controls over the activities subjectto regulation under this Title either alone or in con-junction with controls over other sources of sedimenta-tion. Such surveys shall be conducted in consultation

21

and cooperation with the Environmental ProtectionAgency, the Departments of Agriculture, Commerce, andthe Interior, and other appropriate Federal agenciesand shall be submitted to the Environmental ProtectionAgency.

"(b) Within one :ear after the initial promulga-tion of Federal g.-4c_O .nes under Section 203, each Stateshall submit to rWilainistrator for his approval asedimentation coty.%:1 program for the non-Federal landswithin its jurisdiction that contribute or are likely tocontribute to the critical sedimentation problems identi-fied through the survey described in subsection (a) ofthis Section. Such program shall be (1) consistent withthe guidelines promulgated pursuant to Section 203'and(2) meet the following criteria:

(A) In accordance mith regulations to be pro-mulgated by the Administrator pursuant to 5 U.S.C. 553et. seq., land-disturbing activities other than thoseexempted from regulation by guidelines issued pursuantto Section 203(b) may be conducted only (1) in accor-dance with regulations adopted as part of or pursuantto an approved State program or (2) after the respon-sible individual or organization has, submitted asedimentation control plan to an agency designatedpursuant to subsection (c) of this Section and hasreceived a permit from that agency;

(B) Each sedimentation control plan shall bereviewed and evaluated by a qualified public agencyprior to the issuance of any permit;

(C) Any State, local or regional agency whichhas a permit issuing program approved by the Stateagency responsible for establishing and enforcing waterpollution control standards may be designated to issuepermits under this title. To the extent possible, suchpermits should be issued (1) by agencies already en-gaged in related activities, or (2) as part of such-other permits;

(D) Adequate provision is made for monitoringby an appropriate agency or agencies of activities re-quiring permits or otherwise regulated under this Titleto ensure that they are conducted pursuant to and incompliance with applicable permits or regulations. TheState water pollution control agency and such otherState, local or regional agencies as the State maydesignate shall be empowered to enjoin activities

conducted contrary to or in violation of this Title orpermits issued pursuant thereto and to assess appro-priate penalties for such violations.

"(c) Activities subject to this Title that areconducted on Federal lands shall be regulated, inaccordance with the guidelines issued pursuant toSection 203, by the agency with jurisdiction over suchland."SECTION 205. FEDERAL ENFORCEMENT

"(a) Federal agencies providing financial assistancefor activities subject to this Title shall require thepossession of any permit required by this Act as a con-dition of such assistance.

"(b) With respect to activities subject to thisTitle, the provisions of section 21(b) of this Act shallbe construed as calling for a certification of reason-able assurance of compliance with the provisions of thisTitle.

"(c) The Administrator is authorized to enforcethe requirements of State programs approved by him pur-suant to this Title and regulations promulgated pursuantto subsection (d) of this Section in the same manner ashe is authorized under Title I of this Act to enforcestandards established pursuant to Title I of this Act.

"(d) With respect to any State in whidh after theexpiration of 30 months following the date of enactmentof this Title, there is no program approved pursuant tothis Title or in which a program has been disapproved,in whole or in part, by the Administrator, the Adminis-trator may adopt, in accordance with 5 U.S.C. 553 et,seq., such regulations consistent with the provisionsof this Title and with the guidelines issued pursuantto Section 203 of the Act as may be required to controlsedimentation resulting from activities covered by thatsection.SECTION 3.

Such Act is further amended by adding after TitleII thereof the following new Title:

"TITLE III -- THE TOXIC WASTE DISPOSAL CONTROL ACT"SECTION 301(a). FINDINGS

The Congress finds --"(1) that increasingly strict and pervasive re-

gulatory controls over the disposal of wastes in theair, in surface waters, and in the oceans is causingintensified use of land and underground strata as

repositories for wastes;".(2) that such disposal. of toxic wastes, if insuf-

ficiently controlled, may cause serious contaminationof the Nation's underground and surface waters, in-cluding numerous interstate waters;

"(3) that knowledge of the behavior of wastes inthe subsurface environment .often is very limited; and

"(4) that the present controls exercised by theStates over disposal of toxic wastes fail adequately toprotect the public from human health hazards of suchdisposal."SECTION 301(b). PURPOSE

Therefore, it is the purpose of this Title -7. to

establish national requirements for the regulation ofland and underground disposal of toxic wastes, relyingprincipally on State controls pursuant to Federal guide-lines."SECTION 302. DEFINITIONS

For the purposes of this Title --"(a) the term "toxic waste" means-any substance, or

combination of substances, which, in the judgment ofthe Administrator, may pose a'substantial present orpotential hazard to human health because such. substancesare nondegradable or persistent in nature, or becausethey can be biologically magnified, or because they canbe lethal, or because they otherwise cause or tend tocause detrimental cumulative effects;

"(b) the term "disposal of toxic waste" means thedischarge, deposit, or injection into subsurface strataor excavations or the ultimate disposition'onto theland of any toxic waste, where, in the judgment of theAdministrator, such actions could result.in contamina-tion of ground waters or surface waters, except for suchdisposal of toxic waste as is regulated .under Title Iof fills. Act or other-Federal legislation;

"(c)` "surface'waters" means-all interstateWaters and navigable waters of the United States; theterritorial sea;:and the contiguous zone, as establishedby Article 24 of the Conventionof the Territorial Seaand the Contiguous Zone, over .which the United Stateshas jurisdiction;

"(d) theterm "Administrator" means. the Administra-tor of the Environmental Protection Agency;:

"(e) -the.term."Secretary" means the Secretary ofthe Interiorr.

"(f) the term "United States" means States of theUnited States, the District of Columbia, the Common-wealth of Puerto Rico, and those adjacent lands andstrata under navigable waters, the territorial sea andthe contiguous zone as established by Article 24 ofthe Convention of the Territorial Sea and the ContiguousZone, over which the VJnited States, any State of theUnited States, or the. Commonwealth of Puerto Rico hasjurisdiction;

"(g) the term "The State Agency" means the agencyor agencies responsible within a State for regulatingland and underground disposal of toxic wastes in accord-ance:with this Title."SECTION 303. POLICY

The Congress hereby declares that it is the policyof the United States that the disposal of toxic wastesby any person or organization (including agencies andinstrumentalities of the United States) in the UnitedStates shall be in accordance with the provisions ofthis Title and that such disposal of waste may be per-mitted, taking into account the feasibility and safetyof alternative locations and methods of disposal, pro-vided the State agency or where appropriate, the Adminis-trator,'has not determined pursuant to this Title thatthe proposed disposal will endanger the health of persons."SECTION 304. FEDERAL REGULATIONS AND GUIDELINES

"(a) The Administrator shall, after, consultationwith the Secretary and the heads of other appropriateFederal agencies and in accordance with 5 U.S.C. 553et. seq., designate by regulation within one year afterthe date of enactment of this Title and from time totime thereafter (1) geographic areas and types of geolo-gic formations or situations in which, because of sub-stantial hazards to human health specified types oftoxic wastes or combinations thereof may not be disposed of in any quantity or, in excess of specifiedquantities; and (2) substances or classes, categoriesor quantities of such substances, that he determinesto be toxic wastes for fhe purposes of this Title. Incarrying out the provisions of this subsection, theAdministrator Shall consult with the Secretary of Health,Education, and Welfare with respect to the public healthaspects of the Administrator's determinations.

"(b) For the purpose of advising States in adoptingor revising regulations governing the disposal of toxic

wastes, the Administrator shall, after consultation withthe Secretary and heads of other appropriate Federalagencies and in accordance with 5 U.S.C.. 553 et seq.,promulgate by regiAation within one year after the dateof enactment of this Title and from time to time there-after, guidelines for the regulation of disposal of,toxic wastes. Sudh guidelines shall, on the basis ofavailable scientific knowledge, include information andrecommendations with respect to geological and hydrolo-gical testing requirements, disposal procedures, per-formance standard= related to subsurface waste disposalfacilities such a.-wells and well casings, distributionand proximity of disposal or storage sites in specifiedgeographic areas and types of geologic formations orsituations, and other reasonably related matters. Suchguidelines shall also set forth monitoring and reportingrequirements to be included in State programs and shallprovide for regulation by permit with respect to typesof toxic waste, disposal locations or procedures, or acombination thereof, forwhich the Administratordetermines that advance review of plans and case-by-casespecification of conditions are required in order toprevent substantial hazards to human health. For othertypes of toxic waste, disposal locations or procedures,or combinations thereof, the guidelines shall providefor controls through generally applicable regulations."SECTION 305. STATE PROGRAMS

" (a) Each State participating in the nationwideprogram established by this Title shall, after publichearings and within one year after the initial issuanceof guidelines pursuant to Section 304, submit to theAdministrator for review and approval or disapproval inaccordance with this Section, a program to regulate dis-posal of toxic wastes on non-Federal lands within theState in accordance with the guidelines promulgatedpursuant to Section 304: A State may at any time there-after submit a program or revisions of a program to theAdministrator for review and approval or disapproval inaccordance with this. Section.

" (b) The Administrator shall approve the program orrevisions of such program submitted to him if, in con-sultation with the Secretaries oE'Commerce and theInterior, he determines that

(1) For such types of disposal of toxic wastesias the Administrators may specify in his guidelines

.26

purant to Se=tion 304, the program requires thatthe bqiP obta.-.aed from the State agemcy a permit (A)base3, on a. pIzr, describing the manner in whit h dis-posaiL-K-311 be conducted and (B) consistent With theregulastlOns described in paragraph (2) of thia sub-section gnd with such other :reasonably related condi-tions as may specified by the. State agency;

(2) The State agency has issued after publichearings such ..rules or regulations as: may be requiredto campkv with-the regulations issued by the Adminis-trator smuxsuandf- to Section 304;

'(3) The State agency has authority sub-stantialTly similar to that possessed by the Adminis-trator under Section 309 of this Act;

(4) The State agrees to provide annual re-ports to the Administrator concerning the program andto furnish at such reasonable times as the Administra-tor may designate copies of such permits issued asthe Administrator may request;

(5) The State agency has such regulatory andother aufhorities as may be necessary to carry out thepurpose's of this Title, including but not limited tothe authority to levy fines and initiate prompt legalactions for violations of applicable laws, regulations,and permits;

(6) Sufficient funding and adequately trainedmanpower are or will be committed to the administrationand enforcement of the program to achieve the goals ofthis Title; and

(7) The program meets such additional reason-ably related and generally applicable criteria as theAdministrator may by regulation establish.

"(c) As a. further condition-for approval by theAdministrator, each State program must provide a satis-factory mechanism for promptly notifying each State thepublic health of which may be adversely affected by atoxic waste disposal activity for which a permit willbe issued.

(d) The Administrator may approve or disapprovein whole or in part any program or portion thereofsubmitted pursuant to this Title. In making such adetermination, the Administrator shall consult withinterested Federal agencies.

Iflafter'the Administrator has approved a

State program or revisions thereof, he determines that:(1) The State has failed to implement the

program adequately;(2) The Staters regulations require revision;

or(3) The State has otherwise failed to comply

with the provisions or purposes of this Title; he shallnotify the State and request appropriate action,remedies, or revisions to the regulations, affording theState an opportunity for a hearing. If within a rea-saonble time, as determined by the Administrator, theState has not taken appropriate action as determined bythe Administrator, the Administrator may withdraw inwhole or in appropriate part his approval of the programand implement a program for such State under subsection(f) of this Section. After withdrawal of his approvaland pending the implementation of a program under sub-section (f), the Administrator may administer and en-force the State regulations and may re-examine andmodify as he determines to be necessary to prevent sub-stantial hazards to human health any permits issued bythe State within 90 days prior to withdrawal of approval.

"(f) If, after the expiration of one year followingthe issuance of guidelines under Section 304, a Statefails to submit a program to regulate the disposal oftoxic wastes or 71as submitted a program which has beendisapproved and within such period as has been set by-the Administrator has failed to submit a revised pro-gram for approval, the Administrator shall, in accordancewith the procedures set forth in subsection 304(b),issue regulations and establish a permit program forsuch State to the extent necessary, to conform to theapplicable requirements of subsection (b) and (c) ofthis Section.

(g) Prior to approval of a State program pur-suant to this Section, any person or organizationdesiring to engage in subsurface disposal of toxicwastes in a State that does not regulate such activityshall comply with such interim regulations as theAdministrator may prescribe to prevent substantialhazards to human:health.

"(h) Subsequent to taking action under subsections(c) or (f) of this subsection, the Administrator shallterminate such action and restore his approval of aState program whenever a State submits a program or

revision thereof meeting the requirements of thisSection."SECTION 306. ADMINISTRATIVE INSPECTIONS AND WARRANTS

" (a) (1) For the purpose of inspecting, copying, andverifying .the correctness of records, reports, or otherdocuments required by a State or where appropriate, theAdministrator, to be kept or made under this. Title andotherwise facilitating the carrying-out of his functionsunder this Title, the Adininistrator is authorized, inaccordance with this Section, to enter any premises inwhich or on which such documents are kept or toxic wastedisposal activities are conducted and to conduct admin-istrative inspections thereof, and of the thingsspecified in this Section, relevant to those functions.

(2) Such entries and inspections shall becarried out through officers or employees (hereinafterreferred to as "in-spectors") designated by the Administra-tor. Any such inspector, upon stating his purpose andpresenting to the owner, operator, or agent in charge ofsuch premises (A) appropriate credentials and (B) hisadministrative inspection warrant or a written notice ofhis other inspection authority, shall have the right toenter such premises and conduct such inspection at rea-sonable times.

(3) Except when the owner, operator, or agentin charge of such premises so consents in writing, noinspection authorized by this Section shall extend to

(A) financial data;(B) sales data other than shipments;(C) pricing data;(D) personnel data; or(E) research da,rta (other than data

resulting from tests conductedpursuant to Section 304(b))

(b) A warrant under this Section shall not be re-quired for entries and administrative inspection (including seizures of property) --

(1) With the consent of the owner, operator, oragent in charge of such premises;

(2) in situations presenting imminent danger tohealth or safety;

(3) in any other exceptional or emergency cir-cumstances where time or opportunay to apply for awarrant is lacking; or

(4) in any 'other situations where a warrantnot constitutionally required.

29

is

"(c) Issuance and execution of administrative in-spection warrants shall be as follows:

(1) Any judge of the United States or of aState court of record, or any United States magistrate,may, within his territorial jurisdiction, and uponproper oath or affirmation showing probable cause issuewarrants for the purpose of conducting administrativeinspections authorized by this Title or regulationsthereunder, and seizures of property appropriate tosuch inspections. For the purposes of this Section, theterm "probable cause" means a valid public interest inthe effective enforcement of this Title or regulationsthereunder sufficient to justify administrative in-spections of the area, premises, building, or contentsthereof, in the circumstances specified in the applica-tion for the warrant.

(.2) A warrant shall issue only upon an affi-davit of an officer or employee having knowledge of thefacts alleged, sworn to before the judge or magistrateand establishing the grounds for issuing the warrant.If the judge or magistrate is satisfied that groundsfor the application exist or that there is probablecause to believe they exist, he shall issue a warrantidentifying the area, premises, or buildings, to beinspected, the purpose of such inspection, and, whereappropriate, the type of property to be inspected, ifany. The warrant shall identify the items or types ofProperty to be seized, if any. The warrant shall bedirected to a person authorized under subsection (a)(2)to execute it. The warrant shall state the grounds forits issuance and the name of the person or persons whoseaffidavit has been taken in support thereof. It shallcommand the person to whom it is directed to inspect thearea, premises, or building, identified for the purposespecified, and, where appropriate, shall direct theseizure of the property specified. The warrant Shalldirect that it be served during normal business hours.It: shall designate the judge or magistrate to whom itShall be returned.

(3) A warrant issued pursuant to this sectioni must be executed and returned within ten days of itsdate unless, upon a showing by the United States of aneed therefor, the judge or magistrate allows additionaltime in the warrant. If property is seized pursuant toa warrant,. the person executing the warrant shall give

to the person from whom or from whose premises the pro-perty was taken a copy of the warrant and a receipt forthe property taken or shall leave the copy and receiptat the place for which the property was taken. Thereturn of the warrant shall be made promptly and shallbe accompanied by a written inventory of.any propertytaken. The inventory shall be made in the presence ofthe person executing the warrant and of the person fromwhose possession or premises the property was taken, ifthey are present, of in the presence of at least onecredible person other than the person making such inven-tory, and shall be verified by the person executing thewarrant. The judge or magistrate, upon request, shalldeliver a copy of the inventory to the person from whomor from whose premises the property was taken and to theapplicant for the warrant.

(4) The judge or magistrate who has issued awarrant under this Section shall attach to the warranta copy of the return and all papers filed in connectiontherewith and shall file them with the clerk of thedistrict court of the United States for the judicialdistrict in whidh the inspection was made.

"(d) Any records, reports, or information obtainedunder this Section shall be available to the publicexcept that upon a showing satisfactory to the Adminis-trator that records, reports or information, or a particular part thereof, to which the Administrator hasaccess under this subsection constitute trade secretsor other matter referred to in. Section 1905 of Title 18

of the United States Code,-the Administrator Shall con-sider such record, report, or information or particularportion thereof confidential, except that such record,report, or information may be disclosed to otherofficers, emplOyees, or authorized representatives ofthe United States concerned with carrying out this Act,and such information may be disclosed in camera rele-vant in any proceeding under this Act."SECTION 307. FEDERAL ENFORCEMENT

"(a) At the request of the. Administrator, theAttorney General may institute a civil action in the ap-propriate district court of the United States for aninjunction or other appropriate order (1) to preventany person from engaging in toxic waste disposaloperations in violation of a Federal regulatory programinstituted under subsection 305(f) of this Act, the

requirements of subsection 304(a) of this Act, or Stateregulations which the Administrator is entitled toenforce under Section 305(e) of this Act7 (2) to enforcea warrant issued under Section 306 of this Act; or (3)to collect a penalty under Section 308 of this Act.

"(b) If the Administrator determines that a toxicwaste disposal operation violates applicable State regu-lations or a State permit, he may --

(1) request the State agency to bring anaction to enjoin such operations; and

(2) in the event of failure on the part ofthe State agency to comply with the Administrator's re-quest within a reasonable time as determined by theAdministrator, request the Attorney General to institutean action for an injunction or other appropriate order,and

(3) determine whether State failure to en-force its regulations requires withdrawal of any approvalgiven by the Administrator under subsection 305(d) ofthis Act."SECTION 308. FINES

"(a) If any person responsible for a toxic wastedisposal operation fails for more than 15 days afternotification to comply with any regulation or permitwhich the Administrator may enforce under this Act theAdministrator may order cessation of such operation.Such person shall be liable for a civil penalty of notmore than $25,000 for each day of continued non-complianceafter said fifteen days, to be assessed after opportunityfor hearing.

"(b) Any person who knowingly violates any permitor regulation issued pursuant to this Act shall, uponconviction, be guilty of a misdemeanor and punished bya fine not exceeding $25,000 or by imprisonment notexceeding one year, or both.

"(c) The penalities prescribed in this Sectionshall be in addition to any other remedies afforded bythis Act or by any other law or regulation."SECTION 309. IMMINENT AND SUBSTANTIAL HAZARDS:

Whenever the Administrator determines that-anytoxic waste disposal activity or an existing toxic wastedisposal site or facility presents an imminentrand sub-stantial Y azard< to human health, he shall notify theappropriate State agency. If such agency fails=to takeappropriate action within a reasonable time, the

Administrator may issue an order directing appropriateremedial or corrective measures to be taken. Therecipient of any such order shall be afforded anopportunity for a hearing. If appropriate action is-not taken promptly, the Administrator shall requestthe Attorney General to bring a civil suit in theUnited States district court in the district in whichthe site or facility is located to enforce the Ad-ministrator's order."SECTION 310. RESEARCH

The Administrator, in cooperation with the Depart-ments of Commerce and the Interior and other Federalagencies is authorized to conduct studies, undertakeresearch, and promote the development of new or improvedprocedures, methods, and techniques as may be requiredfor the purposes of this Title."SECTION 311. FEDERAL LANDS

Federal agencies administering Federal lands shallissue regulations governing the disposal of toxic wasteson or under the lands under their jurisdiction. Suchregulations shall be in accordance with regulationspromulgated by the Administrator pursuant to Section 304of this Act and shall be issued after consultation withthe State or States within which such Federal lands arelocated.

SECTION-BY-SECTION ANALYSIS

Section I would designate the present FederalWater. Pollution Control Act (FWPCA) provisions asTitle I of the Act.

Section 2 adds a new Title II to the FWPCA, theSediment Control Act.

(Title II--Sediment Control Act)Section 201 states the purpose of the Title, to

reduce sedimentation from land-disturbing activitiesconsistent with water quality standards.

Section 202 provides applicable definitions.Section 203 provides for the Administrator of EPA

(hereinafter, the Administrator) to issue within a yearof the Title's enactment guidelines for effective con-trol of sedimentation from land-disturbing activities,such as road and building construction, and excludingagricultural and silvicultural activities and miningactivities that would be regulated under the President'sproposed Mined Area Protection Act.

Subsection (b) provides that the guidelines shallinclude information on effects of uncontrolled sedimentand on the techniques for control, including theircosts and effectiveness. -The guidelines must alsospecify procedures to be followed by States in estab-lishing control programs and designate categories ofland-disturbing activities for which, within program"areas, permits, general regulations, or no controls,respectively, are.appropriate.

Subsection (c) prescribes that the Administratorwill consult with appropriate Federal, State and localagencies in developing and revising the guidelines.

Section 204 provides the requirements for Stateprograms. The first is a survey to be conducted,within a year of the Title's enactment to subsequentlyas appropriate, to determine on the basis of waterquality standards critical areas of sedimentationresulting in substantial part from activities regulatedunder this Title in which the standards may be sub-stantially achieved either under this Title alone .orin conjunction with controls over other sedimentationsources such as agricultural runoff.

Within a year after initial Federal guidelinesare issued (during which time the survey is to havebeen completed), States are expected to submit control

programs, consistent with the guidelines, for theproblem areas identified in the survey.

Further provisions for such programs, specifiedin subsection (b), include encouragement of the use ofState or local agencies that already issue permits forland-disturbing activities, provided their programsare acceptable to the State water quality agency. Atechnically qualified agency must review to evaluatepermits prior to issuance, a requirement applicableonly where the permit-issuing agency itself lackssufficient expertise. Adequate monitoring of regulatedactivities and enforcement authority must be provided.

Subsection (c) provides for Federal agencies toregulate activities on lands within their jurisdiction.

Section 205 provides for several aspects of Federalenforcement of requirements under Title II. First,Federal agencies that provide financial assistance foractivities regulated under this Title will requirepossession of any requisite permit under Title II asa condition of assistance.

Second, section 21(b) of the FWPCA, which requiresa State certification of reasonable assurance of com-pliance with water quality standards with respect toproposed activities for which a Federal license orpermit is sought, would be modified with respect toactivities regulated under Title II to require acertificate of compliance with the specific require-ments imposed under Title II.

Third, the Administrator would be authorized toenforce the requirements of State programs establishedunder Title II in the same manner as he may enforcestandards established under Title I, i.e., the presentFederal Water Pollution Control Act. Here the bill isdrafted in anticipation of pending amendments of theFWPCA that would basically authorize Federal admini-strative or judicial enforcement of federally-approvedState standards when a State fails to do so.

Finally, Section 205 provides for Federal establish-ment of and enforcement of regulations in order to abateviolations of water quality standards if a State, hadfailed to adopt an acceptable sedimentation controlprogram within six months after the time specified forsubmission of such a program to the Administrator forapproval.

(Title III - Toxic Waste Disposal Control Act)

Section 3 adds to the FWPCA as Title III theToxic Waste Disposal Control Act.

Section 301 states findings, to the effect thatpresent regulatory controls over the increasing use ofland and underground strata for disposal of toxicwastes fail adequately to protect public health, anda purpose of establishing a nationwide control programrelying principally on State action pursuant to Federalguidelines.

Section 302 states applicable definitions, in-cluding those of "toxic waste" and of "disposal" ofsuch waste.

Section 303 states the policy of Title III, to per-mit land and underground disposal of toxic waste (here-inafter, disposal of ,toxic waste) after alternative dis-posal sites and methods have been considered and if theappropriate State or Federal official has not determinedthat disposal will endanger human health.

Section 304 provides for Federal regulations andguidelines for State programs. Subsection (a) pro-vides for the Administrator to issue, initially withina year from enactment of the Title, regulations de-signating locations or types of locations on or underthe land where certain quantities of specified toxicwastes or combinations may not be disposed. He isalso called upon to designate specific substances orcombinations thereof which he determines to be toxicwastes.

Subsection (b) calls upon the administrator to,establish within the same time-guidelines fo.s Stateregulatory programs with respect to locations wheretoxic waste disposal may be considered. The guide-

lines will cover testing, monitoring, reporting, per-formances standards, disposal procedures, and relatedmatters. They also_specify the circumstances in whichcase-by-case permits and general regulations, res-pectively, are needed.

Section 305 covers submission and approval ofState programs meeting the EPA, guidelines. Subsection(a) calls for submission of such programs after publichearings and within a year after initial issuance ofthe Federal guidelines. Subsection (b) enumeratesspecific criteria for approval of State programs,such as possession by the State of adequate authorityto enforce its regulations, adequate funding and man-power, a mechanism to notify other States that may be

36

affected by issuance of a permit, and authority totake prompt action in cases of imminent and substan-tial dangers to health.

Subsections (e). and (h) cover withdrawal and rein-statement by the Administrator of his approval of aState program which is not being enforced.

Subsections (e) and (f) provide for the issuanceand enforcement of regulations by the Administratorfor a State in which a toxic waste disposal programhas not been approved and established or for whichapproval has been withdrawn.

Subsection (g) provides for the Administrator toestablish interim regulations for subsurface toxicwaste disposal activities in any State which does notregulate such activity at the time of enactment ofthis Title, pending development and approval of sucha program pursuant to this Title.

Section 306 provides for the. Administrator toconduct inspections, with appropriate warrants, tocarry out his functions under this Title, 'Subsection(d) provides for public availability of informationor documents so obtained, except for trade secretsand material covered by 18 U.S.C. §1905.

Section 307 provides for Federal enforcement ofapplicable regulations by 4.rAtiation for a civil actionfor inl:..Inctive or other r=1.ef. There is also provisionfor Federal enforcement of State regulations in anyspecific instance of State failure to act despite arequest of the Administrator to do so.

Section 308 provides for the assessment of a civilpenalty of up to $25,000 per day beyond the 15th dayafter notification by the Administrator of noncompliancewith applicable requirements pursuant to this Title,and for criminal penalties up to $25,000 and/or oneyear imprisonment for knowing violations of applicablepermits or regulations.

Section 309 authorizes the Administrator to re-quest prompt action by the Attorney General whenevera State fails to act to alleviate an imminent, nd sub-stantial hazard to health from either disposalactivities or an existing disposal site or, facility.

Section 310 authorizes the Administrator, in cooper-ation with other Federal agencies, to conduct studiesand research on procedures, methods and techniquescovered by this Title.

Section 311 provides for Federal agencies toestablish control programs, as required under thisTitle, for lands under their jurisdiction.

38

Sulfur Oxides Emission Charge

'OFFICE OF THE SECRETARY'OF THE TREASURYWASHINGTON, D.C. 20220

February 8, 1972

Dear Mr. [President/Speaker]:

There is transmitted herewith a proposed bill,"To promote the abatement of atmospheric sulphurpollution by the imposition of a tax on the emissionof sulphur into the atmosphere, and for other pur-poses."

In his Environmental Messaga of February 8, 1971,the President observed that sulphur oxides are amongthe most damaging air pollutants, costing societybillions of dollars annually in terms of human health,vegetation, and property. At that time the Presidenttated that a charge on emissions of sulphur into theatmosphere would be a major step in applying theprinciple that the costs of pollution should be in-cluded in the price of the product. The Presidentalso stated that legislation to this end would besubmitted to the Congress upon the completion ofstudies underway in the agencies most directly con-cerned. The Treasury Department, the rtouncil- onEnvironmental Quality, and the Environmental ProtectionAgency have completed their stua+es on thid conceptand have developed the details of'-sulphur oxidesemissions charge, incorporated In the enclosed draft.

The proposed bill would provide for a tax, begin-ning with calendar year 1976, am the emissions ofsulphur into, the atmosphere. The -tax would be imposeddirectly on the sulphurous emissions of those sourceslarge enough, to measure and monitor their emissions.Small emitters, who do not have facilities to measureor monitor emissions, would pay tax on the sulphurcontent of their fuel 'purchases-

The tax rate would be 15 cents per pound of sulphuremitted into the atmosphere, with reductions in orexemptions from the rate applicable in certain sulphur

41

regions a-, determined by the Admirritrator of theE=afironmental7Protection Agency. The tax would beWired to 10 ,cents in regions where it was demonstrated

there was no violation of the nat±onal primaryaMbimnt sulphur oxide air standard on an average basisdhring the preceding calendar year. There would be notax in regions where it was demonstrated on the samebasis that there was no violation of either nationalprimary or secondary ambient sulphur oxide air standards.

um

Pursuant to the Clean Air Act Amendments of 1970,national aMbient'standards have been set for six majorair pollutants, including sulphur oxides. States arerequired to develop implementation plans to achievethese standards within three years. Enforcement at alllevels of government may be hampered by debate overtechnical feasibility and commercial availability ofcontrol technology for sulphur oxides. This sulphuroxides tax will stimulate industry to develop andinstall control technology and use cleaner fuels asquickly as possible in order to minimize the taxliability. It will stimulate prompt compliance withambient standards and reduce the need for ad hocenforcement actions.

The sulphur oxides charge in no way-compromitses,the air quality standards of the Clean Air Act. anaillcases, thedeveIopment. of-effective statereggIatory programs and implementatIon plans will _ber-ownimm-d, and where the Charge is ,insuffinient toad : -the standards, regulatory 'authority -will assurethmt'thm standards are met. Together, the sulphuroxides charge amid existiPT:regulatory authority providea"gploseful mecommmsm to adhieve air- quali4probjectives.

]k general emTlanation:of the proposed bill and itsbackgromnd also Tame enclosed. -A similar letter isbeing sent to thm[President of the Senate/Bpeaker ofthe fuse]

The Department has been advised` loy the Office ofManageMent and Budget that enactment:of the proposedlegiSlatiOn:Would be in `accord with the program of thePresident.

42

Sincerely,

/s/ John B. Connally

The HonorableSpiro T. AgnewPresident of the SenateWashington, D. C. 20510

The HonorableCarl AlbertSpeaker of the House

of RepresentativesWashington, D. C. 20515

Enclosures

459-564 0 - 72 - 4

A BILL

To promote the abatement of-atmospheric sulphurpollution by the imposition of-a tax on the emissionof sulphur into the atmosphere, and for other purposes.

Be it enacted by the Senate and the House ofRepresentatives of the United States of America inCongress assembled,SECTION 1. SHORT TITLE, ETC,

(a) Short Title.--This Act may be cited as the"Pure Air Tax Act of 1972".

(b) Amendment of 1.954 Code.---Except as otherwiseexpressly-provided, whenever in :fhis Act an amendmentis expressed in terms of an amendment to a section orother provision, the reference shall be considered tobe made to a section or other provision of the Internal.Revenue Code of 1954.SEC. 2. TAX ON SULPHUR EMISSaONS AND THE. SULPHUR

CONTENT OF FUELS.(a) Imposition of Tax.--Chapter '39 (relating to

regulatory taxes) is amended by (adding at the endthereof the following new :subchapter:

"Subchapter Environmental 'Quality Taxes."Sec- 4891. Sale of sulphurous fuels."Sec_ 4892. Sulphur amissians by processors and

registered tansayers."Sec- 4893. Additional tax Imposed upon sales of

sulphurous fuels and, sulphuremissions.

"Sec- 4894. Definitions, resistration, and specialrules-

"SEC. 4891. SALE OF SULPHUROUS .FUELS"(a) Imposition of Tax.--Mere is hereby imposedia

tax at the rate specified. in sIdlosection (b) upon each,.pound af _sulphur contained in alsulphurous fuel soldbya registered taxpayer,during any calendar yearbeginning ,after 1975.

"(b) Rate of Tax.--"(1) In general.--Except as provided in

paragraph (2), the tax imposed; by subsection (a) shallbe 15 cents per pound of sulphur contained in asulphurous fuel.

"(2). Special rule.--With respect to thesulphur content of any sulphurous fuel sold during

calendar year for ultimate use in a sulphur tax regionWhich is determined by .the Administrator of theEnvironmental Protection Agency to be a Class II sulphurtax region for the preceding calendar year, the rate oftax imposed by subsection (a) shall be 10 cents perpound of sulphur contained in a sulphurous fuel.

"(c) Exemptions.--No tax shall be imposed undersubsection (a) in respect of:

"(1) Sale for use in certain sulphur taxregiOns.--Sulphur contained in a sulphurous fuel soldduring a calendar year far ultimate use in a sulphurtax region which is determinecLby the Administrator ofthe Environmental Pxotection Agency to be a Class IIIsulphur tax region for the preceding calendar year.

"(2) Salte-ro registered taxpayer.--Sulphurcontained in a suIpaurous fuel_sold to a person who isa registered.taxpayer_

"(3) Sale,:for nonfuel use.--Sulphur containedin a sulphurous fuel_sold for a nonfuel use including,in accordance with 'regulations prescribed by theSecretary or his delegate, such_products derived fromfuels as are customarily used for nonfuel use.

"(4) Sulphurous fuels' exported.--Sulphurcontained in a sulphurous fuel:sold-for export:or forresale by the purchaser for export. This paragraphshall not apply tofthe sale of a,sulphurous fuel unless,-within 6 months after the date of the sale by theregistered taxpayer. (or, if earlier, on the date ofshipment by the registered 'taxPaYer), the registeredtaxpayer receives satisfactory proof that the fuel hasbeen exported.

"(5) Sale:_for use in motor vehicles.--Sulphurcontained in a sulphurous fuel sold for use in a motorvehicle.

"(6) Sale for use as supplies for vessels oraircraft.--Sulphur contained in a sulphurous fuel soldfor use by the 'purchaser as supplies for vessels oraircraft.

"(d) Floor Stocks Tax.--"(1) In general.--There is hereby imposed a

floor stocks tax on the sulphur content of sulphurousfuel held by a person who ceases to be a registeredtaxpayer. The tax shall be imposed at the rate whichwould apply under subsection (b) if the floor stocks

45

were sold by such person for ultimate use in the sulphurtax region where they are located at the time he ceasesto be a registered taxpayer.

"(2) Special rules.--Pagragraph (1) shall notapply if the sulphur content of sulphurous fuel held bythe person at the time he ceases to bee registered tax-payer is less than :2,.000_ pounds 3af"SEC. 4892. SULPHUR EMISSIONS BY PROCEEHORS AND

REGISTERED TAXPAYERS,."(a) Imposition of 'Tax.--Therei_ls hereby imposed a

tax at the rate specified in subsectiican (b) upon eachpound of sulphur emitted into the atmagphere---

" (1) by a....negistered taxpayer:, or"(2) by a-processor (other -than as the result

of the combustion, or ':distillation smalpliturous fuel) ,during any calendar Tear, beginning air 1975.

"(b) Rate of-(1) _In ,general.--Excent ., ovided

paragraPh (2), -the=Et.e of tax 5- n4pased tby subsection(a) shall be 15 cemitelper pound of -sulphur emitted intothe atmosphere.

"(2) Spen= rule .---With to the sul-phur emissions during, a calendar- year inr_a sulphur taxregion which ia determined by the Administrator .:of theEnvironmental Protecttion Agency tG74)...ai.,(Class .ILsulphur tax region _for the prece-e-m-t aellendar year,the rate of tax imposed by subsectiort kr-a-) shall be 10cents per pound of =---trrilphur emitted.--miic-the atmosphere."(c) Exemptiorc.--..No tax shall_lb-mposed undersubsection (a) in ..nespect of sulphur emissions duringa calendar year in a-_,:sulphur tax region_ which is deter-mined by the Adminiartrator of the EnviimonmentalProtection Agency to..,be a Class III_Isulphur tax regionfor the preceding year."SEC. 4893. ADDITIONAL TAX IMPOSED UPON SALES OF

SULPHUROUS FUELS AND SULPHUR EMISSIONS."(a) Imposition of Tax.--In addition to the tax

imposed under sections ,4891 and 4892, there is herebyimposed a tax at the rate specified in subsection (b)upon--

"(1) Registered taxpayers.--The number ofpounds by which the sum of--

" (A) the pounds of sulphur contained Insulphurous fuel sold by a registered taxpayer for

ultimate use in a sulphur tax region, and"(B) the pounds of sulphur

the atmosphere in such :region by such person, var.ffl(2) Processors.--The number of pounffi% -of

sulphur emitted into the atmosphere in a sulgtiat-'-±axregion :ay a processor (other than as the result thecombustkon or distillation of a sulphurous fudll,during -any calendar year beginning after 1975, igibiahexceeds -the net base pounds of sulphur of simah_ecra-cessor or registered taxpayer for such sulpEn1=Vpregion for the preceding calendar year. rinireakottistrt

determined under paragraph (1) (A) shall Trat-Ht'uq,zcie

pounds of sulphur contained in sulphurous- SfirP74.;alcraa bya registered taxpayer to another registeredgpFlyer.

"(b) Rate of Tax.--The rate of tax impma6Ea4ysubsection. (a) shall be-.-

(1) 5 cents per pound of sulphurin sulphurous fuel sold for ultimate use'imm,, %led

(woo,

1110I

into -the atmosphere in, a sulphur tax regionchisa Class I sulphur tax region for the calendamandwas a Class II sulphur tax region for the prma*.calendar year,

"(2) 10 cents per pound of sulphur cmmtdainedin sulphurous fuel sold for ultimate use in, toac-Eadittedinto the -atmosphere _in, a sulphur tax region ti-isa Class II sulphur tax region for the calenda andwas a Class III sulphur tax region for the prigcalendar year, or

"(3) 15 cents per ,pound of sulphur cami-±nedin sulphurous fuel sold for ultimate use in, re'--,am±ttedinto the atmosphere in, a sulphur tax region vuTinaTitisa Class I sulphur tax region for the calendar :mmar-andwas a Class III sulphur tax region for the precadimgcalendar year.

"(a) Definitions.--For purposes of this section--u(1) Base Pounds of Sulphur.--The term_ abase

pounds of sulphur' means the sum of the poundsF:a±,-sulphur contained in sulphurous fuel sold for:.0 maul teuse in, andi-the pounds of sulphur emitted into tae,,atmosphere in, a particular sulphur tax region,AUrialga calendar year by a processor or a registered

"(2) Net Base Pounds of Sulphur.--The barm'net base pounds of, sulphur' means the base poundkF:of

47

sulphur for the calendar year- -"(A) increased by transfers of such

pounds to the processor or registered taxpayer fromother processors and registered taxpayers in the samesulphur tax region, and

"(B) decreased by transfers of suchpounds by the processor or registered taxpayer toother processors and registered taxpayers in the samesulphur tax region.Transfers of base pounds of sulphur shall be made inaccordance with regulations prescribed by the Secretaryor his delegate.-"SEC. 4894. DEFINITIONS, REGISTRATION, AND SPECIAL

RULES."(a) Definitions.--For purposes of this subchapter:

"(1) Sulphurous fuel.--The term 'sulphurousfuel' means any natural or manufactured substance, ina raw state or after processing, which is suitable foruse as a combustible fuel directly or after processing,and which contains at least one-tenth of a pound ofsulphur, in elemental or compound form, per millionBTU's of heat content.

"(2) realer in sulphurous fuel.--The term'dealer in sulphurous fuel' means any person whocustomarily purchases, produces or imports sulphurousfuel in amounts exceeding 100,000 million BTU's of heatcontent per year and customarily sells at least 25percent of such fuel. For purposes of this paragraph,the production of a fuel includes extraction from amine, well or other natural deposit or the manufactureof any fuel using natural or manufactured material.

"(3) Producer-User of sulphurous fuel.--Theterm 'producer-user of sulphurous fuel' means anypersOn who customarily produces or imports sulphurousfuel in amounts exceeding 100,000 million BTU's of heatcontent per year, at least 75 percent of which is usedby such person. For purposes of this paragraph, theproduction of a fuel includes extraction from a mine,well or other natural deposit or the manufacture of anyfuel using natural or manufactured material.

"(4) Emission source.--The term 'emissionsource' means any point source (as defined by.regu-lations prescribed by the Secretary or his delegate forpurposes of this section in concurrence with the

Administrator of the Environmental Protection Agency)of sulphur oxides, emissions.

"(5) Pui.chaser of sulphurous fuel.--The term'purchaser of sulphurous fuel' means any person whocustomarily purchases sulphurous fuel in amountsexceeding 100,000 million BTU's of heat content peryear, at least 75 percent of which is used by suchperson..

"(6) Registered taxpayer,--The term 'regis-tered taxpayer' means a person who has registered asprovided under subsection (b).

"(7) Processor.--The term 'processor' meansan emission source which would not be classified assuch solely by reason of its sulphur oxides emissionsderived from the combustion or distillation ofsulphurous fuel.

"(8) Sulphur tax region.--The term 'sulphurtax region' means an air quality control region or aportion of an air quality control region whidh is sub-divided in accordance with the provisions ofsubsection (d) (1).

"(9) Class I sulphur tax region.--The term'Class I sulphur tax region' means any sulphur taxregion which is not, certified to be a Class II or IIIsulphur tax region by the Administrator of the Environ-mental Protection Agency.

"(10) Class II sulphur tax region.--The term'Class II sulphur tax region' means any sulphur tax,region which is certified by the Administrator of theEnvironmental Protection Agency to be a Class IIsulphur tax region.

"(11) Class III sulphur tax region.--The term'Class III sulphur tax region' means any sulphur taxregion which is certified by the Administrator of theEnvironmental Protection Agency to be a Class IIIsulphur tax region.

"(12) Air quality control region.--The term'air quality control region' means a region designatedin accordance with the provisions of section 107 of theClean Air Act, as amended and supplemented (42 U.S.C.1857c-2).

"(13) Nonfuel use.--The term inonfuel-usesmeans a use of a sulphurous fuel in which no productderived from such fuel is released into the atmosphere.

"(14) Supplies for vessels or aircraft.--Theterm 'supplies for vessels or aircraft' shall have thesame meaning as set forth in section 4221 (d) (3).

"(b) Registration.--"(1) Dealer in sulphurous fuel.--Any person

who is a dealer in sulphurous. fuel shall be required toregister (in accordance with regulations prescribed bythe Secretary or his delegate) for a calendar year if,during any one of the five calendar years precedingthe taxable year, such person-

"(A) purchased, imported or producedsulphurous fuel containing more than 250,000 millionBTU's of heat content, or

"(B) emitted more than 1,000 tons of.sulphur into the atmosphere.

"(2) Producer-User of sulphurous fuel.--Anyperson who is a producer-user of sulphurous fuel shallbe required to register (in accordance with regulationsprescribed by the Secretary or his delegate).

"(3) Emission source.--Any person (otherthan a processor) who operates or maintains an emissionsource during any calendar year beginning after 1974,shall be required to register (in accordance withregulations prescribed by the Secretary or his delegate)on or before January 1 of the succeeding calendar year.

"(4) Optional registration.--Any person whois a dealer in sulphurous fuel or a purchaser of-sulphurous fuel who establishes (in accordance withregulations prescribed by the Secretary or his delegate)that he is capable of measuring the sulphur content ofsulphurous fuel sold or used by him, may register as adealer in or purchaser of sulphurous fuel.

"(c) Attribution of Emissions.--For purposes ofsections 4892 and 4893, emissions are taxable at therate applicable to the sulphur tax region in which suchemissions occur except that any emission which is certi-fied by the Administrator of the EnvironmentalProtection Agency to contribute to a violation of thenational ambient sulphur, oxides air standards (asprescribed in accordance with the provisions of section109 of the Clean Air Act, as amended and supplemented(42 U.S.0 . 1857c-4) in another sulphur tax region shallbe treated as emitted in the other sulpher tax regionif the tax resulting from such treatment is greater.

"(d) Designation and. Classification of SulphurTax Regions.--For purposes of this. subchapter--

"(1) Designation.--"(A) General rule.--Except as provided

in subparagraph (B), each air quality control regionshall be a sulphur tax region.

"(B) '1-ifter consideration of petitionsfrom the Governor of each State having territory withina particular air quality control region, the. Adminis-trator of the Environmental Protection Agency maydivide such region into two or more sulphur tax regionsif he deems such division appropriate. Such petitionsshall be submitted in accordance with regulationsprescribed by the Administrator of the EnvironmentalProtection Agency.

"(2) Classification of sulphur tax regions.- -A sulphur tax region shall be designated by the Adminis-trator of the Environmental Protection Agency for acalendar year as --

"(A) a Class I sulphur tax region ifsuch region is not designated a Class II or III sulphurtax region,

"(B) a Class II sulphur tax region ifthe Governor of the State wherein such region is locateddemonstrates (in acc7ordance with regulations prescribedby the Administrator of the Environmental ProtectionAgency) that there was no violation of the nationalprimary ambient sulphur oxides air standard within suchregion on an average basis during the calendar year, or

"(C) a Class III sulphur tax region ifthe Governor of, the State wherein such region islocated demonstrates (in accordance with regulationsprescribed by the Administrator of the EnvironmentalProtection Agency) that there was no violation of thenational primary or secondary ambient sulphur oxidesair standards within such region on an average basisduring the calendar year

"(e) Measurement of Emissions.--For purposes ofsections 4892 and 4893, taxable emissions resulting fromthe combustion or processing of sulphurous fuels or thesmelting of ores may be estimated in accordeAnce withregulations prescribed by the Secretary or his delegatein consultation wlth the Administrator of the Environ-mental Protection Agency.

"(f) Controlled Group of Corporations.--Forpurposes of this subchapter, a controlled group ofcorporations shall be treated as a single person and theterm 'controlled group of corporations' shall have thesame meaning assigned to such term by section 1563 (a)except that 50% shall be in lieu of 80% wherever suchpercentage appears therein.

"(g) Cross Reference.--For penalties and othergeneral administrative provisions applicable to thissubchapter, see subtitle F."

(b) Refunds of the Tax Imposed Upon the SulphurContent of Sulphurous Fuels.--Subchapter B of Chapter65 (relating to rules of special application) is amendedby adding at the end thereof the following new section:"SEC. 6428. SULPHUR CONTENT.OF SULPHUROUS FUELS

'EXPORTED, SOLD TO A REGISTERED TAXPAYEROR USED FOR.NONFUEL USES.

"(a) General Rule.--The tax paid under section4891 on the sulphur content of a sulphurous fuel shallbe deemed to be an overpayment, by the person who paidsuch tax if such fuel is exported, sold to a registeredtaxpayer, or used by the ultimate purchaser fora non-fuel use. The amount deemed to be an overpayment shallbe based upon the sulphur content of suc".'l fuel at thetime the fuel is exported, sold to a registered tax- -payer, or used for a nonfuel use. The tax paid on thesulphur content of a sulphurous fuel which has beenexported may be refunded to the exporter thereof, if theperson who paid the tax waives his claim to such amount.

"(b) Condition of Allowmce.--No credit or refundof any overpayment to the person who paid the tax on thesulphur content of a sulphurous fuel shall be made un-less such person establishes, under regulations pre-Scribed by the Secretary or his delegate, that he--

'1(1) has not included the tax in the price ofthe fuel with respect to which it was imposed and hasnot collected the amount of the tax from the personwho purchased such fuel;

"(2) has repaid or agreed to repay.-the amountof the tax to the purchaser or exporter of the fuel;or

um has obtained the written"consentof suchpurchaser orexportem-tothe allowance of the creditor the making of ,the refund.

"(c) Definitions.- -"(1) Sulphurous fuel.--As used in this

section,the term 'sulphurous fuel' shall have the samemeaning as set forth in section 4894 (a) (1).

"(2) Nonfuel use.--As used in this section,the term 'nonfuel use' shall have the meaning as setforth in section 4894 (a) (13) .

"(3) Registered taxpayer.--As used in thissection, the term 'registered taxpayer' shall have thesame meaning as set forth in section 4894 (a) (6).

"(d) Credit Against Tax Imposed by Section 4891.A credit may be allowed against the tax imposed undersection 4891, which is due on any subsequent return,for an amount equal to the payMent authbrized under thissection.

"(e) 'Exempt Sales.--No amount shall be" payableunder this section with respect to the sulphur contentof a sulphurous fuel which the Secretary or his dele-gate determines was exempt from the tax imposed bysection 4891.

"(f) Regulations.--The Secretary or his delegatemay by regulations, not inconsistent with the provisiOnsof this section, prescribe the conditions under whichpayments may be made under this section, the amount towhich any person is entitled under this section withrespect to any period, or the amount which may betreated by such person as an bverpayment which may becredited against the tax imposed by section 4891."

(c) Clerical Amendments, etc.--(1) The table of subchapters for chapter 39

of subtitle D is amended by adding at the end .thereothe following new subchapter:

"Subchapter F. Environmental Quality Taxes".(2) The table of sections for subchapter

B of chapter-65 is amended by adding at the,endthereofthe following:

1 "Sec. 6428. Sulphur content ofsulphurousfuels exported, sold toregistered taxpayer, or usedfor nonfuel:,uses."

SEC. 3, STATE TAXATION OF SULPHUR CONTENT OF SULPHUROUS.FUELS.', H

Nothing in this title or in any other lawHof theUnited. States shall preVent the -eeVeraIStates from

53

taxing the sulphur content of sulphurous fuels.SEC. 4. EFFECTIVE DATE.

Except as otherwise expressly provided, the amend-ments made .by this Act shall take effect on the dayafter the date of enactment of this Act.

BACKGROUND AND DETAILED EXPLANATION

Pure Air Tax Act of 1972

I. BackgroundA. The Problem of Sulphur OxidesSulphur oxides have been identified as one of the

major causes of the health and property damage from airpollution. The Environmental Protection Agency esti-mates damages from sulphur oxides at present levels tobe $8 billion annually or about 20 cents per pound ofsulphur, on average.

Sulphur oxides result from the burning and distillingof coal and oil, the smelting or ores, and otherindustrial processes. An estimated 36.6 million tonsof sulphur oxides are now emitted each year. If un-controlled, annual sulphur oxides emissions will nearlyquadruple, to an estimated 126 million tons by the year2000. The problem is serious now and will certainlybecome worse in the absence of effective remedialaction.

B. Strategies for Controlling Sulphur Oxides1. Under the Clean Air Act and the 1970 Clean

Air Amendments, the Environmental Protection Agency hasset air quality standards (referred to as "ambient"standards in the Clean Air Act) for sulphur oxides:the national primary ambient air quality standard isintended to protect health and the national secondaryambient air quality standard to protect materials andvegetation.

Guidelines have been issued to assist states indeveloping implementation plans to meet all nationalprimary air quality standards, including the standardfor sulphur oxides. Under the law, each state mustsubmit a plan to meet the national primary air qualitystandards, and EPA is receiving such plans which aredesigned to achieve national primary air qualitystandards within three years. Upon approval by EPA ofthe state plans, the states must implement these plansby approximately mid-1975. Exemptions from the three-year requirement can be made by the Administrator ofthe Environmental Protection Agency only is adequatecontrol methods are not commercially available or have

55

not been available for a sufficient period of time.2. In his Environmental Message to Congress in

1971, President Nixon stated:"Last year in my State of the Union message

I urged that the price of goods 'should be madeto include the cost of producing and disposingof them without damage to the environment.'A charge on sulfur emitted into the atmospherewould be a major step in applying the principlethat the costs of pollution should be includedin the price of the product. A staff study under-way indicates the feasibility of such a chargesystem.

"--Accordingly, I have asked the Chairmanof the Council on Environmental Quality and theSecretary of .the Treasury to develop a Clean AirEmissions Charge on emissions of sulfur oxides.Legislation will be stbmitted,to the Congressupon completion of the studies currently underway."The work requested by the President has now been

completed, and a bill "To promote the abatement of at-mospheric sulphur pollution by the imposition of a taxon the emission of sulphur into the atmosphere, and forother purposes" is now being submitted to the Congress.

C. The interaction of the Tax and RegulatoryAuthority1. A major role of the sulphur tax is as an aid

to enforcement of the implementation plans for achievingthe national primary ambient air quality standard forsulphur oxides and as an incentive to quickly meet thenational secondary ambient air quality standard forsulphur oxides. Under a regulatory system without thetax, there may be enforcement problems. If there isSubstantial debate on technological feasibility orcommercial availability of control equipment, thecharge will minimize requests for variances andlengthy court proceedings.

The sulphur emissions tax reverses current inden-tives by making emissions more expensive than emissioncontrol. Control devices are no longer expensive andunprofitable items, to avoid wherever feasible and touse as little as possible, but are now productive andprofitable investments, to be-sought out, developed,and utilized fully. There is less to be gained by

delaying compliance with standards, and more profit inreducing emissions, when emissions are expensive. Withthe emitters' incentives reversed in this way, thenumber of enforcement actions by regulatory authoritiesshould be reduced, as should the demand for variancesand delays since variances and delays will cost theemitters money. The tax will produce much more rapiddecreases in emissions, with much less regulation ofindividual decision, and with much less conflict andlitigation.

2. A second major role of the tax is to assistin achieving the national ambient air quality standardsfor sulphur oxides with greater economic efficiency.In concept, the states could achieve the nationalambient air quality standards at minimum cost to thesociety by requiring greater emission reductions fromemitters whose costs of controlling emissions are lowand lesser reductions where control costs are high.(For example, a 75 percent reduction in emissions maybe achieved by requiring all emitters to reduceemissions by 75 percent; but the same result may beachieved more cheaply by having some emitters reduceemissions by only 60 percent and others -- whosecontrol costs are low -- by 90 percent.) This advan-tage may very well prove to be more significant inmeeting the national ambient secondary air qualitystandard for sulphur, oxides than in meeting thenational ambient primary air quality standard forsulphur oxides.

The difficulty with achieving this optimum outcomeis that it is impossible for a state to know very muchabout the control costs of individual emitters; and evenif the knowledge were readily available, there areproblems of equity and enforcement. As a consequence,state implementation plansmay require thesamepercentage emission reduction from each source or,perhaps,,the use of low sulphur fue...;.:5 tznly. Casestudies indicate that this approach cat:?: double ortriple the costs of meeting the ambient standards.These unnecessary costs, ultimately borne by consumers,do nothing to improve air quality.

But with the sulphur oxides tax in effect, a lowercost solution can be obtained. The.tax encourages.those firms with low control costs to reduce emissions

more, since they have the most to gain in tax savings.Those with higher control costs will not make suchlarge reductions in emissions, but will pay highcharges. Compared with a requirement of an equalpercentage reduction for all emitters, the resultshould be a more efficient pattern of emission control,which can reduce the cost of meeting the standards.

3. It is important to note that the tax inno way compromises or vitiates the national ambient airquality standards of the Clean Air Act. In all cases,the developMent of effective state regulatory programsand implementation plans pursuant to the Clean Air Actwill be required to assure that these standards aremet. In ,some regions, the addition of the charge willObviate tiw need for a large number of enforcementactions and ensure compliance with nationaa. aMbientair quality standards for sulphur oxides. In other:- egions, the charge may be insufficient and if lagsin compliance are encountered, enforcement actionswill be required and vigorously pursued to meet thestandards.

The sulphur oxides emissions tax has been care-fully designed to complement and strengthen the CleanAir Act and its amendments. The tax does not come intoeffect until 1976, the year following the,deadline formeeting national primary ambient air quality standardsunder the Clean Air Act. Similarly, the tax rate variesaccording to the air quality in the air quality controlregions defined.by the Environmental Protection Agencypursuant to the Clean Air Act. In.regions where theair quality standards for sulphur oxides are met, notax will be imposed. In regions where-- for whateverreason air quality standardS for sulphur oxides arenot met, the tax will serve as ,a continuous enforcementmechanism which will reinforce regulatory action tobring about rapid cOmpliance with those air qualitystandards. Together, the Clean Air Act and the sulphuroxides emissions tax constitute an effective andefficient. solution to the-problem of pollution fromsulphur oxides.II. Operation of Tax on Emissions of Sulphur Into the

AtmosphereA. Imposition of Basic Tax on Sales and Emissions

1. In general

58

The intention of the sulphur tax is to impose a

charge on sulphur actually emitted into the atmospherefrom the combustion of fuels, smelting of ores,', andother industrial processes in regions which after 1975fail to meet national air quality standards for sulphuroxides.

As to fuels, the technique is to provide a tax onthe sulphur content of fuels intended for use in thedesignated regions. The bill provides, however, thatfuel sales will be tax free to a buyer who is"registered." Registration requires, among other-things, the ability to measure sulphur oxides emissionsarising from use of the fuel. Thus, an emitter whoestablishes that he can provide measurements of sulphuroxides can buy fuel tax free, but becomes subject totax on the sulphur that escapes into the atmosphere.If the buyer has equipment that removes 90 percent ofthe sulphur content of the fuel, tax need be paid onlyon the remaining 10 percent.

Ores always can be purchased tax free regardless ofthe sulphur content. Processors of these ores are liablefor tax on sulphur emissions from processing of theores on the same terms as registered fuel users.

The rate of tax will depend upon the classificationof the air quality control region in which the emissionsoccur. Air quality control regions are classified asClass I (violation of national primary aMbient sulphuroxides air standard), Class II (national primarysulphur oxides standard is met, but national secondarysulphur oxides standard is violated), or Class III(both national primary and secondary sulphur oxidesstandards are met). Since the .quality of the air islowest in Class I regions, higher in Class II, andhighest in Class III, the tax rate is highest in ClassI (15 cents per pound), lower in Class II (10 cents perpound), and.zero in Class III. The tax will be imposed

son taxable ales and emissions beginning with thecalendat year 1976.

2. Sales of sulphurous fuel(a) Taxable sales. The tax on sales is

imposed on sales of "sv,lphurous fuels." This term isdefined as any natural or manufactured substance, in araw state or after processing, which contains at leastone-tenth of a pound of sulphur (in elemental or

59459-564 0 - 72 - 5

compound-form) per million BTU's of heat content. Onlysales by persons who are "registered taxpayers" will besubject to the tax. Under the bill, registration (withthe Secretary of the Treasury or his delegate) will berequired of most dealers in sulphurous fuel, all"producer-users" of sulphurous fuel, and all personswho operate, during 1974 or later yews, an emissionsource which is defined as a "point source" of sulphuroxides emissions ((within the meaning of regulationsprescribed by the Secretary of the Treasury larr hisdelegate in car with the Administrator Of theEftlronMental Protection Agency).

A dealer in sulphurous fuel means a person whocustomarily purchases, produces; or imports sulphurousfuel in amounts exceeding 100,000 million BTU's of heatcontent per year and customarily sells at least 25 per-cent of such fuel. (For all purposes under the bill,production of a fuel includes extraction of fuel froma natural deposit, as well as the manufacture of afuel using natural or manufactured materials.) Suchpersons as oil well operators and coal mine operatorswould be included in this category, i.e., persons whoare primarily suppliers of sulphurous fuels. Eventhough a purchaser, importer, or producer meets thisdefintion of a "dealer," reigistration is required onlyif the dealer, during any one of the five calendaryears immediately preceding the current calendar year,(i) purchased, imported, or produced sulphurous fuelcontaining more than 250,000 million BTU's of heatcontent, or (ii) emitted more than 1,000 tons ofsulphur into the atmosphere.

A "producer-user of sulphurous fuel" is definedin the bill as any person who, customarily produces orimports sullikarous fuel in amounts exceeding 100,000million BTU's of heat content per year, at least 75percent of which is used by such person. Included inthis category are companies or, power plants which own'their owivoil wells or mines, or import sulphurousfuels, primarily for their own use, but whose use isnot sufficient to cause them to be classified asemission sources. Persons in this category mustregister since the fuel they use will not have beenpreviously taxed.

In addition to these taxpayers who are required to

register under the bill, any other person who is adealer in sulphurous fuel, as defined above, or a"purchaser of sulphurous fuel" (a person whc)Cmmarilypurchases fuel in amounts exceeding 100,000 ITITliotoBTU's of heat content per year and uses at leastpercent of suth amount) mAT, at his option, regt&Lr,roue i4ved that such a daler or purchaser establishes

that he is capable of measuring the sulphur contentof sulphurous fuels sold or used by him. Presumably,optional registration will be used by persons whoseuse of sulphurous fuels is too small to requiATeregistration. but who Will ;temove sulpheir ftbattaprior to use or sale_

(54 Rate: <<p tax. The rate imposed *Orillaalesof sulpthartelbs fuels is determined according to the"sulphur tax region" in which the fuel sold is destinedfor ultimate use. Initially, the sulphur tax regionswill be the 247 air quality contro l regions eir$04-Adydefined by the Envir4aMdM4a Protactift Age151cy vitIrsuantto the C1garg, A4r Act.. Rawognizing that imposition ofthe to may be inequitable if it can be demonstratedthat one or a few emitters are responsible for theregior's tax classification and that the ambientstandards for sulphur oxides are violated in only aportion of that region, the bill provides that thegovernor of a state having territory withj.n a partic-ular air quality control region may setiltign to havethe region subdivided. Into tOon or mart. Zalphbar taxregions,. Ills A004p*sttator of the EnvirontalBretwetion Agency will make the determinat±mn ongrantIngsuch petitions.,

The Administrator of the Environmentall-0,rotectionAgency will be charged with the responsibiFinty ofclassifying each sulphur tax region for:o!mmposes of thetax. If he finds, on petition of the golemmnor, thatthere was no violation of the national primary orsecondary aribient sulphur oxides air standards (asprescribed in accordance with the provision of section109 of the Clean Air Act, as amended and supplemented(42 U.S.C. 1857c-4)) within a region on an averagebasis during the calendar year, the region will beclassified as a Class III sulphur tax region. If theAdministrator finds there was no violation of thenational primary ambient sulphur oxides air standard

within such region on an average basis during thecalendar year, but there was violation of the secondarystandard, the region will be classified as a Class IIregion. If the Administrator finds that both thenational primary and secondary ambient sulphur oxidesair standards have been violated within the region onan average basis during the calendar year, the regionwill be classified as a Class I sulphur tax region.

The rate of the basic tax is determined by thecaassification of the region for the year precedingthe year in which the taxable sale takes place. Withthe air standards based upon annual averages, the pre-ceding year's classification is used so that taxpayerswill know the rate of tax being incurred on sales andemissions during the current year. Fuel sold for.ult±mate- use in a sulphur tax region classified as aClass I region for the preceding year will be subjectto a tax of 15 cents. per pound of sulphur containedtherein. Fuel sold for use in a region classified asa Class II region for the preceding year will be taxedat a rate of 10 cents per pound of sulphur containedtherein. The basic tax is not imposed on sulphurousfuel sold for ultiftte use in a region classified asa Class III region for the preceding year.

(c) Exemptions. The primary exemptionfrom the tax on sales of sulphurous fuel is theexemption for sales to other registered taxpayers.This will permit deferral of the tax until the fuelis sold to an unregistered taxpayer, or is ultimatelyused by, the registered taxpayer, at which time thesulphur actually emitted into the atmosphere will betaxed. Thus a registered taxpayer will not be taxedon sulphur which 'he removes from fuel prior to,its saleor use Sales of fuel to unregistered taxpayers mustbe taxed since such persons are users of relativelysmall quahtities of sulphurous fuel and may be presumednot to have the facilities to measure and monitoremissions.

Exemptions from the tax on sales of sulphurousfuel are also provided for sales for non-fuel use,for use in motor vehicles, for use as supplies invessels or aircraft, and sales for export. Theexemption for exports is granted only if the sellerreceives proof that the fuel sold was in fact exported

62

within six months after the date of the sale. (or, ifearlier, the date of shipment by the seller).

3. Floor stocks taxA floor stocks tax is impozed under the bill if a

person ceases to be a registered taxpayer. This taxis imposed on the sulphur content of sulphurous fuelheld by such taxpayer on the date he ceases to be aregistered taxpayer, providing that such contentexceeds 2,000 pounds. The rate of tax is determinedas though he had sold such floor stocks on such datefor ultimate use in the sulphur tax region.where suchfloor stocks were then located.

The floor stocks.tax prevents a person who ceasesto be a registered taxpayer from using sulphurous fuelwithout incurring a tax, since as a registered tax.rpayer the fuel would have been purchased tax free.

4. Sulphur emissions'Under the bill a tax is imposed upon sulphur

emitted into the atmosphere by a registered taxpayeror a "processor." A "processor" is defined as anemission source which would not be classified as suchsolely by reason of its sulphur oxides emissionsderived from the combustion Or distillation ofsulphurous fuel. This would generally includeoperations such as smelters and sulphuric acid plants.

As in the case of the tax on saleg of sulphurousfuel, the rate of tax on emissions is dependent uponthe classification of the sulphur tax region in whichthe emissions occur for the year preceding the yearin which the taxable emissions.occur. The rate will .

be 15 cents per pound of sulphur emitted into theatmosphere in a region which was a Class I region forthe preceding yeari and 10 cents per pound in a regionwhich was a Class II'region-lor the preceding yearTheloasic tax on sulphur emissions does not apply toemissions in a region classified as a Class III regionfor the preceding year.

The bill provides that taxable emissions resultingfrom the combustion or processing-of sulphurous fuelsor smelting of ores may be estimated in accordancewith regulations prescribed by the Secretary of theTreasury or his delegate in consultation.withthe_Administrator of.the Environmental Protection Agency

Although the rate of tax on emissions (including.

63

the rate under the additional tax on sulphur emissionsdescribed below) is normally determined by the sulphurtax region in which the emissions occur, the bill pro-vides that the Administrator of the EnvironmentalProtection Agency may certify that an emissioncontributes to a violation of the national ambientsulphur oxides air standards in another sulphur taxregion. In the event of such a certification, suchsulphur emissions shall be taxed as though emitted inthe region designated by the Administrator if the taxresulting from such treatment is greater than the taxwhich would otherwise be imposed under the bill.

B. Imposition of Additional Tax on Sales andEmissions

In addition to the taxes on sales of sulphurousfuels and on sulphur emissions, the bill imposes a taxon increased sales and emissions by a taxpayer in asulphur tax region when such increase is coupled with

pincreased sulphur ollution in that region over thepreceding year. This additional tax is designed toprevent taxpayers from increasing sales of sulphurousfuels or sulphur emissions secure in the knowledge thattheir tax would be low (or there would be no tax)because the region carried a low sulphur pollutionclassification during the preceding year, the rate ofbasic tax on sales and emissions being determined fromthe classification of the region in such preceding year.In such a case the additional tax would be applicableto increased sales and emissions in the current yearif the region's classification has deteriorated.

The,additional tax is imposed on the increase inthe number of pounds of sulphur contained in sulphurousfuel sold for use in, and emitted into the atmospherein, a sulphur tax region by.a registered taxp:iyer or aprocessor during any calendar year after 1975, over the"net base pounds of sulphur" for the preceding year.The term "base pounds of sulphur" is defined as thetotal number of pounds of sulphur contained insulphurous fuels sold for use in and emitted into theatmosphere in that sulphur tax region by that taxpayerduring a calendar year. The term "net base pounds ofsulphur" means the base pounds of sulphur, increasedby transfers of base pounds from and decreased bytransfers of base pounds to other taxpayers in the

64

same region.Since the additional tax applies only to increases

in sales or use in a given region, it is necessary forthe bill to allow trarisfers of base pounds (whichoperate as an exemption from the additional tax) withina given region to cover such situations as the mergerof two companies in that region or the sale by onecompany of its business in that region to anothercompany in that region. In these situations, it isappropriate to allow the exemption from the additionaltax to pass to the surviving company, while preventingthe other company from receiving that exemption. Thisis accomplished in the bill by allowing the purchasingor surviving company to increase its own base poundsby the selling of merged company's base pounds, andrequiring the selling or merged company to decreaseits base pounds by the?'same amount.

In addition, the allowance of transfers of basepounds permits a company whose business may declinein that region for a particular year to transfer itsbase pounds to another company in that region whosebusiness might increase. This is appropriate sincethe additional tax operates on the overall increase insulphur oxides pollution in a given region.

The rate of the additional tax is dependent uponthe change in classification of the particular sulphurtax region. Thus, the tax on the increase is five centsper pound of sulphurcontained in sulphurous fuel soldfor ultimate use in, or emitted into the atmosphere in,a sulphur tax region which was a Class II sulphurtax region for the preceding calendar yearand is a Class. I sulphur tax region for the currentcalendar year (i.e., the year of sales or emissions).The rate of tax on the increase is 10 cents per poundif the sulphur tax region has moved from a Class IIIregion for the preceding calendar year to a Class IIregion for the current calendar year Finally, a rate,of 15 cents per pound on the increase is imposed if theregion has moved from a Class III sulphur tax region forthe preceding calendar year to a Class I sulphur taxregion for the current calendar year

C. Refunds and CreditsThe bill contains, provisions for refund or credit

of the tax where, following a taxable sale of sulphurous

fuel, a non-taxable sale or use of the fuel occurs.Thus, the bill provides for a refund or credit to theperson who paid the tax if fuel is subSequently ex-ported, sold to a registered taxpayer, or used by theultimate purchaser for a non-fuel use The amount of anyoverpayment is based upon the, sulphur content of thefuel at the time of the subsequent exportation, sale toa registered taxpayer, or use for a non-fuel purpose.

No refund or credit is available unless the personwho paid the tax establishes one of three conditions:.(1) that he has not included the tax in the price of thefuel with respect to which it was imposed, and has notcollected the amount of the tax from the person whopurchased such fuel; (2) that he has repaid or agreedto repay the amount of the tax to the purchaser orexporter of the fuel; or (3) that he has obtained thewritten consent of the purchaser or exporter to theallowance of the credit.or the making of the refund.

66

Recycling Wastes

RECYCLING WASTES

Solid wastes present a growing environmental problem,resulting in unsightly open dumps and air and waterpollution. Much of the growth is kWe to increasedconsumption while the percentage of material that isreused or recycled has decreased.

The Resource Recovery Act of 1970 recognizes the impor-tance of recycling. It provides authority to developand demonstrate recycling technology and provides forstudies of secondary markets and economics. Studies todate indicate that improved economics is a key elementto increased recycling. Without improved econcllics,dumping and burning will continue to be cheaper thanrecycling, and waste use will be more expensive thanvirgin materialsuse. In addition to improved econom-ics, private,sector involvement must be stimulated.Recycling requires the operation and management-ofsophisticated equipment and the efficient marketing ofthe recovered wastes. The private sector's marketingand management expertise must be effectively utilize-1.if recycling is to flourish.

The President' Proposal

The President announced that the Treasury Department isclarifying the availability of tax exempt industrialdevelopment bonds for recycling facilities. This willallow private firms to utilize these bonds to financefacilities to recycle their own wastes and municipalwastes.

This clarification will assure that recycling is pro-vided the same incentive as the more-traditional dis-posal concepts. Most important, it will-allow moreeconomic recycling operations and offer an economicincentive for industry to use its expertise to helpsolve municipal solid waste disposal problems.

Integrated Pest Management

INTEGRATED PEST MANAGEMENT

Over the past several decades there has developed anincreasing reliance on the exclusive use of chemicalsto control pests. The use of chemical pesticides hashelped to alter farming practices, to increase agri-cultural and forest production significantly, and toprotect man from disease. Yet; it is becoming evermore apparent that adveree environmental effects oftenare associated with chemical pest control programs.These include occupational health problems, pest resis-tance, pesticide persistence, residue biomagnification,secondary pest outbreaks, and other ecological disrup-tions.

Recognizing these difficulties, the President inFebruary 1971, transmitted to the Congress a compre-hensive proposal to regulate the use of chemical pesti-cides, the Federal Environmental Pesticide Control Actof 1971. The proposal still awaits final. Congressionalapproval, although the House has passed H.R. 10729;which contains many of its essential features.

The President is now initiating a series of actions todevelop and implement alternative means of pest Controlthat will allow sustained high levels of crop productivitywhile minimizing the adverse effects associated withuse of chemical pest controls. This involves the useof integrated pest management, an approach based on themaximum use of natural pest population controls combined with the judicious use of selective chemical pes-ticides, biological controls, pest pethogens, and otherpest control practices, as needed. The objective iscontrol of pest population levels rather than completepest eradication. Integrated pest management offersthe promise of improved agricultural production, moreeffective pest control, and minimum adverse environ-mental impact, all at significantly reduced costs.

C. 4- I

Thee President Proposals,

- The President has directed the Department of Agri-culture, the National science Foundation, and theEnvironmental Protection Agency to expand the presentbroad base of Federally sponsored pest control research

by initiating immediately a $3.5 million per yearintegrated pest management research and developmentprogram. In the initial years this innovative programwill involve extensive research by a number of univer-sities.to develop new field applications of integratedpest management on six major crop ecosystems: citrus,cotton, pine, pome and stone fruit, soybeans, andalfalfa.

- The President has directed the Department of Agri-culture to conduct extensive fieldtests of promisingnew methods or pest detection and control. This willrequire $800,000 in the remainder of the current fiscalyear and $2.8 million per year beginning in fiscal year1973 to test the feasibility of ideas resulting fromcurrent research programs.

- The President has further ordered a review of allFederal pest control programs to determine which mayincorporate or test new pest management techniques.

To stimulate the use of integrated pest managementand to encourage the development of career c*portunitiesin this field, the President has directed the Depart-ment of Agriculture, the Department of Health, Education,and Welfare, and other relevant agencies to_cooperate

-in the development of training programs at, appropriateacademic institutions throughout the country. Inaddition, the Department of Agriculture has been in-structed to establish guidelines for State certificationof private crop protection specialists offering pro-fessional pest management services to farmers.

The President has authorized the Department ofAgriculture to expand its pilot crop field scout pro-gram to cover nearly 4 million acres under agriculturalproduction in the coming growing season. This programinvolves the training and employment of 2,000 highschool and college students to monitor pest levels onapproximately 2,000 acres apiece throughout the growingseason. The scouts will help determine when pest popu-lations reach levels which require a pesticide applica-tion to prevent economic damage to the crop. Throughthis program many unnecessary pesticide applicationscan be eliminated. USDA will carry out this program on

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a cost-sharing basis_for a 3-year period, whereupon itis expected that the program will be self-sufficent.This will allow new crops to come under the program inthe following years.

To prevent hazardous exposures of agriculturalworkers to direct pesticide applications or.con-taminated surfaces, such as sprayed foliage, thePresident has directed the DePartments of Labor andHealth, Education; and Welfare to develop worker-pro-tection standards and regulations under the, Occupation-al Safety and Health Act.

A National Land Use Policy

UNITED STATESDEPARTMENT OF THE INTERIOR

OFFICE OF THE SECRETARYWASHINGTON, D.C. 20240

February 8, 1972

Dear Mr. Chairman:

On February 11, 1971, I forwarded to (-,',,°',4ress onbehalf of the Administration a proposed "National LandUse Policy Act of 1971". Hearings on that bill, H.R.5504 and other similar legislation, have been heldbefore your Committee, and we understand the Committeeis in the process of preparing its report.

I cannot overly stress the importance of thislegislation. Land is our most basic and most abusedresource. As the President said in his environmentalmessage last year, "The use of our land not only ,

affects the natural environment but shapes the patternof our daily lives. Unfortunately, the sensible useof our land is often thwarted by the inability of themany competing and overlapping local units of govern-ment-to -control land use decisions which have regionalsignificance." The Administration's proposal repre-sents a crucial step towards reshaping the patterns ofland use in closer harmony with wise environmental con-cepts.

During the past year this topic has received agreat deal of Public attention. The Council on Environ-mental Quality released in December, 1971, a study ofthe latest developments in the land use laws of severalStates. The Congressional hearings stimulated usefulpublic debate.

In his environmental message to Congress today, thePresident reiterated his concern with abuse of our landresources and stressed the need for early action to pro-mote responsible land use practices. Because of theimportance he attaches to that topic, and as a resultof the public attention which it has received, thePresident proposed two amendments to broaden and

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strengthen the Administration's proposal. The firstwould clarify the scope of State land use regulatoryprograms explicitly to include control over the sitingof such key facilities as major airports, highwaysand recreation facilities. The second would providesanctions against any State which failed to implementan adequate land use program.

The legislation submitted last year provided in partthat to qualify for Federal funding the State land useprogram must include a method for exercising controlover areas impacted by key facilities. Key facilitieswere defined as public facilities which tend to inducedevelopment and urbanization of more than local impactincluding major airports, highways and recreationfacilities. Decisions as to the actual siting of suchkey facilities can, of course, dictate the uses to whichthe surrounding lands subsequently are put. Thus, webelieve it desirable clearly to require that the States'land use programs include methods for exercising controlover key facility site location, as well as major im-provements and access features of such facilities.

--Under our proposal of laot year, the principal incen-tive for States to develop land use programs was theFederal matching grants for program development and pro-gram management. We now are persuaded that economicsanctions as well as grants should be provided to assureState action. Recognizing the significant effect whichkey facilities can have on broad land use patterns, thesanctions which we propose would reduce the amount offinancial assistance under those Federal programs withthe most :Ear-reaching effect upon land use -- airportand 'highway construction and recreation facilities.The proposed reductions would apply to any State whichhas, not developed an adequate land use program byJune 30, 1975. Any funds withheld from States whichhave not implemented adequate land use programs wouldbe diverted to States complying with the National LandUse Policy Act, since complying States would be betterable to make sound decisions with respect to activitieswith major land use impacts.

Attached to this letter is proposed language whichwould accomplish the objectives set forth above. In

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addition, in view of the passage of time since the pro-posal was introduced, the dates contained in certainsections (listed on the attachment) must be revised.

I urge that the Congress adopt these recommendedamendments and act promptly to complete its considera-tion of this vitally important legislation.

The Office of Management.' and Budget has advisedthat enactment of H.R. 5504, with the amendmentsrecommended herein, would be in.accord with the programof the President.

Sincerely yours,

/s/ Rogers C.B. MortonSecretary of the Interior

Honorable Henry M. :7TacksonChairman, Committee on

Interior and Insular AffrilrU.S7Senate,Washinaton,

Honorable Wayne N. Aspinall.Chairman, Committee on

Interior and'Insular AffairsU.S. House of RepreSentativesWashington, D.C. 20515

Enclosure

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A BILL

To establish a national land use policy; toauthorize the Secretary of the Interior to make grantsto encourage and assist the States to prepare andimplement land use programs for the protection ofareas of critical environmental concern and the controland direction of growth and development of more thanlocal significance; and for other purposes.

Be it enacted by the Senate and House of Repre-sentatives of the United States in Congress assembled,That this Act may be cited as the."National Land UsePolicy Act of 1941 1972."FINDINGS AND DECLARATIONS OF POLICY

Section 101. (a) The Congress hereby finds anddeclares that decisions about the use of land signi-ficantly influence the quality of the environment,and that present State and local institutional arrange-ments for planning and regulating land use of more thanlocal impact are inadequate, with the result:

(1) that important ecological, cultural, historicand aesthetic values in areas of critical environmentalconcern which are essential to the well-being of allcitizens are being irretrievably damaged or lost;

(2) that coastal zones and estuaries, flood plains,shorelands and other lands near or under major bodiesor courses of water which possess special natural andscenic characteristics are beingi.damaged by ill-planneddevelopment that threaten these values;

(3) that key facilities such as major airports,highway interdhanges, and recreational facilities areinducing disorderly development and urbanization ofmore than local impact;

(4) that the implementation of standards for thecontrol of air, water, noise and other pollution isimpeded;

(5) that the selection and development of sitesfor essential private development of regional benefithas been &elayed or prevented;

(6) that the usefulness of Federal or federally-assisted projects and the adMinistration of Federal

. programs are being impaired;(7) that large-scale development often creates a

significant adverse impact upon the environment.

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(b) The Congress further finds and declares thatthere is a national interest in encouraging the Statesto exercise their full authority over the planning andregulations of non-Federal lands by assisting theStates, in cooperation with local governments, indevelopment land use programs including unifiedauthorities, policies, criteria, standards, methods andprocesses for dealing with land use decisions of morethan local significance.DEFINITIONS

Section 102. For purposes of this Act: (a) "Areasof critical environmental concern" are areas whereuncontrolled development could result in irreversibledamage to important historic, cultural, or''aestheticvalues, or natural systems or processes, which are ofmore than local significance; or life and safety as aresult of natural hazards of more than local signifi-cance. Sudh areas shall include:

(1) Coastalzones and estuaries: "Coastalzones" means the land, waters, and lands beneath thewaters in close proximity to the coastline (includingthe Great Lakes) and strongly influenced by each other,and which extend seaward to the outer limit of theUnited States territorial sea and include areas in-fluenced or affected by water from an estuary such as,but not limited to, salt marshes, coastal and inter-tidal areas, sounds, embayments, nafbo-fs, lagoons, in-shore waters, dhannels, and all other coastal wetlands."Estuary" means the part of the mouth of a river orstream or other body of water having unimpaired naturalconnection with the open sea and within which the seawater is measurably diluted with fresh water derivedfrom land drainage;

(2) shorelands and flood plains of rivers,lakes, and streams of State importance;

(3) rare or valuable ecosystems;(4) scenic or historic areas; and(5) such additional-areas of similar valuable

or hazardous characteristics which a State determinesto be of critical environmental concern.

(b) "Key facilities" are public facilities whichtend to induce development and urbanization of morethan local impact and include the following:

;(1) any major airport that is used or isdesigned to be used for instrument landings;

(2) interchanges between the Interstate High-way System and frontage access streets or highways;major interchanges between other limited access highwaysand frontage access streets or highways; and

(3) major recreational lands and facilities.(c) "Development and land use of regional benefit"

includes land use and private development for whichthere is a demonstrable need affecting the interests ofconstituents of more than one local government whichoutweighs the benefits of any applicable restrictive orexclusionary local regulations.

(d) "State" includes the 50 States of the UnitedStates, the Commonwealth of Puerto Rico, Guam, AmericanSamoa, and the Virgin Islands.PROGRAM DEVELOPMENT GRANTS

Section 103. (a) The Secretary of the Interior(hereinafter referred to as the "Secretary") isauthorized to make not more than two annual grants toeach State to assist that State in developing a landuse program meeting the requirements set forth insection 104 of this Act. Such grants shall not exceed50 percent of the costs of program development. Priorto making the first grant, the Secretary shall be satis-fied that such grant will be used in development of aland use program meeting the requirements set forth insection 104. Prior to making a second grant, theSecretary shall be satisfied that the State is adequatelyand expeditiously ,proceeding with the development of aland use program meeting the requirements of section 104.

(b) States- receiving grants pursuant to thissection shall submit to the Secretary not later than 1year after the date of award of the grant a report onwork completed toward the development of a State landuse program. A State land use program meeting the requirements of section 104 of this Act shall satisfy therequirements for such a report.

(c) The authority to make grants under this sectionexpires three years from date of enactment.PROGRAM MANAGEMENT GRANTS

Section 104. Following his review of a State'sland use program, the Secretary is authorized to makea grant to that State to assist it in managing theState land use program. Successive grants for thispurpose may be made annually to any State resubmittingits land use program for review by the Secretary.

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Grants made pursuant to this section shall not exceed50 percent of the cost of managing the land use program.Grants authorized by this section shall be made by theSecretary only if, in his judgment:

(a) the State's land use program includes:(1) a method for inventorying and designating

areas of critical environmental concern;(2) a method for inventorying and designating

areas impacted by key facilities;(3) a method for exercising State control over

the use of land within areas of critical environmentalconcern and area-. impacted by key facilities includinga method for ex isinq State control over the sitelocation and the location of major- improvements andmajor access features of key facilities;

(4) a method for assuring, that local regulations do not restrict or exclude development and landuse of regional benefit;

(5) a policy for influencing the location ofnew communities and a method for assuring appropriatecontrols over the use of land around new communities;

(6) a method for controlling proposedlarge -scale development of more than local significancein its impactupon the environment;

(7) a system of controls and regulations per-taining to areas and developmental activities pre-viously listed in this subsection which are designed toassure that any source of air, water, noise or otherpollution will not be located where it would reLult ina violation of any applicable air, water, noise or otherpollution standard or implementation plan;

(8) a method for periodically 'revising andupdating the State land use program to meet changingconditions; and

(9) a detailed schaspects of the program.

For purposes of complying with paragraphs (1)-(7)of this subsection (a), any one or a combination ofthe following `general`' techniques is acceptable: (i)

State establishment of criteria and standards subje.r.tto judicial review and judicial enforcement of localimplementation and compliance; (ii) direct1State landuse planning and regulation; (iii) State administrative,review of local land use plans, regulations and im-plementation with full Powqrs to, aPProve of disapprove.

(b) In designating areas of critical environmentalconcern, the State has not excluded any areas of criti-cal environmental concern to the Nation.

(c) In controlling land use in areas of criticalenvironmental concern to the Nation, the State has pro-cedures to prevent action (and, in the case of successivegrants, the State has not acted) in substantial disregardfor the purposes, policies and requirements of its landuse program.

(d) State laws, regulations and criteria affectingareas and developmental activities listed in subsection(a) of this section are in accordance with the policy,purpose and requirements of this Act; and.that Statelaws, regulations and criteria affecting land use inthe coastal zone and estuaries further take intoaccount:

(1) the aesthetic and ecological values ofwetlands for wildlife habitat, food production sources'for aquatic lilfe, recreation; sedimentation control,and shoreland storm protection; and

(2) the susceptibility of wetlands to per-manent destruction through draining, dredging, andfilling, and-the need to restrict such activities.

(e) The State is organized to implement its Stateland use program.

(f) The State land woe program has been reviewedand approved by; the

(g) The Governor has appropriate arrangements foradministering the land use program management grant.

(h) The State, in the development, revision, andimplementa0,on of its land use program, has providedfor adequate dissemination of information and foradequate public notice and public hearings.

(i), The State has (1) coordinated with metro-politanWide plans existing, on January 1 of the year inwhich. the State use program is submitted:to the Secretary,which plans have been developed by an areawide agencydesignated pursuant Ito regulations establighed underSection 204 of the Demonstration Cities and Metropoli-tan, Development Act of 1966;

(2) coordinated with appropriate neighboringStates with respect to lands and waters in interstateareas;

(3) taken into account' the -plans and programsof other State agencieb and of Federal and lodalgovern-ments

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(j) The State utilizes for the purpose of fur-nishing advice to the. Federal Government as to whetherFederal and Federally-assisted projects are consistentwith the State land use program, procedures establishedpursuant to Section 204 of the Demonstration Cities andMetropolitan Development Act of 1966 and Title IV ofthe Intergovernmental Cooperation Act of 1968.FEDERAL REVIEW OF GRANT APPLICATIONS AND STATE LAND USEPROGRAMS.

Section 105. (a) The Secretary before making aprogram management grant pursuant to section 104. shallconsult with the heads of all Federal agencies Whichconduct or participate in construction, development orassistance programs significantly affect.Lng land use in,the State, and shall consider their views and recommen-dations. The Secretary shall not approve a grant pur-suant to section 104 until he has ascertained that theSecretary of Housing and Urban Development is satisfiedwith those aspects of the State's land use programdealing with large-scale development, key facilities,development and land use of regional benefit, and newcommunities meet the requirements of section 104 forfunding of a program management grant.

(b) The Secretary shall take final action on aState's application for a grant authorized undersection 104 not later than:six months following receiptfor review of the State's land a use program.CONSISTENCY OF FEDERAL ACTIONS. WITH STATE LANDPROGRAMS

Section 106. (a) Federal projects and activitiessignificantly affecting land useshall be consistentwith State land use programs funded under section 104of this Act except in cases of overriding nationalinterest. Program coverage and procedures-provided forin regulations issued pursuant to section.204.of theDemonstration Cities and Metropolitan Development Act.of 1966 and Titlie'IV of.the Intergovernmental Coopera-tion Act of 1968 shall be applied in deterMiningwhether Federal-projects and.activities are-consistentwith State,land use programs funded under section 104of this Act.

(b) After December'31, 19.74 1975, or the date theSecretary approv'ega grant under section 104, which-.ever is earlier,'Federal agencies submitting state-,ments required by Section 102(2)(C) of the National

87

Environmental Policy Act shall include a detailedstatement by the responsible official on the rela-tionship of proposed actions to any applicable Stateland use program which has been found eligible for agrant pursuant to section 104 of this Act.FEDERAL ACTION IN THE ABSENCE OF STATE LAND USE PROGRAMS

Section 107. (a) Where any major Federal actionsignificantly affecting the use of non-Federal landsis proposed after December 31, 1974, in a State whichhas not been found eligible for a program managementgrant pursuant to section 104 of this Act, the respon-sible Federal agency shall hold a public hearing inthat State at least 180 days in advance of the pro -posed action concerning the effects of the action onland use taking into account the relevant considerationset out in section 104 of this Act, and shall' makefindings which shall be submitted for review and commentby the Secretary, and where appropriate, by the Secretaryof Housing and Urban Development. Such findings of theresponsible Federal agency and comments of the Secre-tary or the Secretary of Housing and Urban Developmentshall be part of the detailed statement required bySection 102(2) (C) of the National Environmental PolicyAct (42 U.S.c.:4321 et seg.) . This section shall besubject to exception where the President determinesthat the interests of-the United States so requires.

(b) Section' 15 of.the Airport and Airway Develop-ment Act (P .L 91-258, 84 S tat: 227) is amended biadding the following new subsection:

(d) AnySta-te-'whi.ch :has riot been foundeAble for a management rant .undez section 104 of the

National Land: Use Policy Act by June 30 1975 shallsuffer a reduction of 7% of its entitlement to Federalfunds a ortioned for air ort develo ment 'Pursuant toParagraphs (A) and (B) of: subsection (a) (1) and paragraphs' (A) and' (B) of subsection (a)°(2) of-thissection, 1:a .fiscal year1976. If that State has notbeen found 'eligible by "une 30 1976 it shall suffera reduction of 14% In, i. scal year 1977, and if notfound eligible by June 30, 1977, shall suffer a re-duction of < 21% in fisr7a1 year: 1978. Any funds sowithheld shall be included in the aggregate of air-port'and airway development funds and sha.11 be madeavailable to States found eligible for financialassistance under section 104 of the National Land Use

Policy Act according to the criteria_prescribed for theapportionment of such funds,_ excluding fo: purposes ofcomputation any State or States found ineligible forfinancial assistar- Oer section 104 of the NationalLand Use Policy Ac,,

_(s.111) Section iii_, title 23 of the United StatesCode is amended by adding the following Subsection:

(f) Any State which has not been found eligiblefor a management grant under section 104 of the NationalLand qseEclicypct:qyJune 30, 1975, shall suffer areduction of 7% of its entitlement to Federal-aid hi h-way funds exclusive of planning and research which wouldotherwise be apportioned to such State in fiscal year1976. that. State has not been found eligible byJune 30, 1976, it shall suffer a reduction of 14% infiscal year 1977, and if not found eligible by June 30,1977, -' All suffer a reduction of 21% in fiscal year1978. Any funds so withheld shall be included in theaggregate of Federal-aid highway funds and shall bemade available to States found eligible for cssistanceunder section 104 of the National Land Use Policy Actaccording to criteria prescribed for the apportionmentof Federal-aid highway funds', excluding for purposesof computation any State or States found ineligiblefor financial assistance under section 104 of theNational Land Use Policy Act.

(c)(2) Section 109(f), title 23 of the UnitedStates Code is amended by deleting "or control of inthe first sentence.

(d) Subsecton 5(b) of the Land and Water Con-servation Fund Act of 1965_ (P.L. 88-578, 78,Stat. 897)is amended bT- addin after the second araara h thefollowing paragraph:

AnyaLate which has not been found eligiblefor a"mana ement grant under section 104 of the NationalLand Use Policy tact by June 30, 1975; shall suffer areductiOn of 7% of itth ,entitlernept,underaraRLIs(1)and (2) of this subsection in .fiscal year 1976. ifthat State has not-been forta11112j.ble by June 30, 1976,it shall suffer a reducti:3n of 14% in fiscal year 1977,and 'f not found eli,54Y.Llalune 30, 1977, shall suffera r ,:tion of 21% :xl isdal year 1978. Any funds sowithheld: shall be inc 'A in the aggregate'of land andwater,conervation.funds and shall,be made available'according to ,thee criteria prescribed for the

apportionment of such funds, excluding- for purposes ofcomputation any Sty.' or States found ineligible forfinancial assistance under Section 104 of the NationalLand Use Policy Act.AVAILABILITY OF FEDERAL EXPERTISE

Section 108. (a) The Secretary shall provideadvice upon request to States concerning the designationof areas of critical environmental concern _to the Nation.

(b) Federal agencies with, data or expertise rela-tive to land use and conservation shall take appropriatemeasures; subject to appropriate arrangements for pay-ment or reimbursement, to make sure data or expertiseavailable to States for use in preparation, implementa-tion, and revision of State land use programs.GUIDELINES

Section 109. The President is authorized todesignate an agency or agencies to issue guidelines tothe Federal agencies to assist them in carrying out therequirements of this Act.ALLOCATION OF FUNDS

Section 110. (a) Funds for grants authorized bysections 103 and 104 of this Act shall be allocated tothe States based on regulations issued by the Secretarywhich shall take into account State population andgrowth; nature and extent of coastal zones and estuariesnd other areas of critical environmental concern and

other relevant factors.(b) nu grant funds

property.(c) A refusal by the Secretary to provide, a pro-

gram development or program mmagement grant authorizedby this Act shall be in writing.MISCELLANEOUS

Section 111. 0.) The Secretary shall develop,after appropriate consultation with other interestedparties, both Federal and non-Federal, such rules alt.r.1

regulations covering the submission and review ofapplications for grants authorized by sectioriS 103 and104 as may necessary to carry out the provisions ofthis Act.

(b) A State receiving a grant under the provisionsof section 103 or 104 of this Act, agency designatedby the Governor to administer such grant, and. Stateagencies allocated a portion of a grant shall make red.

and evaluations in such form, at such times, and

shall be used to acquire real

containing such information concerning the status andapplication of Federal funds and the ope.fation of theapproved management program as the Secretary may re-quire, and shall keep and make available such recordsas may be required by the Secretary for the verifica-tion of such reports and evaluations.

(c) The Secretary, and the Comptroller General ofthe United States, or any of,their duly authorized re-presentatives, shall have access, for purposes of auditand examination, to any books, doCuments, papers, andrecords of a grant recipient that are pertinent to thegrant received under the provisions of section 103 or104-of this Act.

(d) Nothing herein shall be interpreted to extendthe territorial''jurisdiction of any State.

(e) _Nothing herein shall be construed b:Y implyFederal consent to or approval of any State or localactions which may be required or prohibited by otherFederal statutes or regulations.APPROPRIATION AUTHORIZATION

Section 112be appropriatedyear, 1.972 1973by sections 103available until

(a) There are hereby authorized tonot to ex..7:eed $20,000,000 in each fiscalthrough 1936 1977, for grants authorizedand 104 of this Act, such funds to beexpended.

There are hereby authorized to be appropriatedsuch sums as may benecessary for the Secretary of theInteriOr and the Secretary of HOusing and Urban Develop-ment to administer the program 'ettablithed by this Act

.44-564,0 - 72 -,7

SECTION-BY-SECTION ANALYSIS

The proposed bill would establish a National LandUse Policy to encouraaf. the States to plan and regulateland use in certain critical areas.

Section 101 - declares Congressional findings thatpresent State and local insi'dtutional arrangements forplanning and regulating land use are inadequate andhave resulted in haphazard land development and theloss of important environmental values. It is in thenational interest to encourage and assist the States instrengthening the institutional-framework for planningand controlling the use of non-Federal lands.

Section 102 - contains definitions. "Areas of cri-tical environmental concern" are areas where uncon-trolled development could result in irreversible damageto important values. Such areas include coastal zonesand estuaries and other similar areas. "Key facili-ties" are public facilities which tend to induce devel-ment of more than local impact, such as airports andhighway interchanges. "Development and land use ofregional benefit" means private development, theregional need for whicn outweighs a local conflictinginterest.

Section 103 - authorizes the Secretary of theInterior to make:two successive annual grants of up to50% of the cost to States of developing a land use pro-gram. Prior to receiving the second grant, the Statemust submit a report of its progress in developing aprogram.

Section,104 - authorizes the Secretary to makegrants of up to 50% of the cost to States of managingtheir land use program. Such grants will be made onlyif the State program, in the Secretary's judgment,meets certain specified criteria. It must include,methods for inventorying, designating and exercisingState control over areas of critical environmental con-cern and areas impacted by key facilities, includingthe site location of such faCilities themselves, amethod for assuring that local Logulations do notrestrict land use and private development of regiooalbenefit, a policy for influencing the location of newcommunities, a method for controlling the, use of landaround new communities,,_ a method for. controlling proposed large-scale developmort of more than local impact

on the environment and a detailed schedule for imple-menting all aspects of the program. The program mustnot exclude areas of critical environmental concern tothe Nation and must take into account the unique valuesand fragile nature of coastal zones and estuaries, par-ticularly coastal wetlands. The program must also meetcertain other organizational and procedural require-ments.

Section 105 - requires the Secretary to consultwith Federal agencies with activities or programsaffecting land use before making a prograM managementgrant. The Secretary shall not approve such a grantunless the Secretary of Housing and Urban Developmentis satisfied that those aspects of the State land useprogram dealing with large-scale development and keyfacilities, deVelopment and land use of regional bene-fit, and new communities meet the requirements of sec-tion 104. The Secretary shall act on a program manage-ment grant application within 6 months after receipt ofthe State's land use program.

Section 106 - establishes a requirement for consis-tency of Federal projects and activities with Stateland use programs. It also requires that Federal agen-cies submitting environmental statements gursuant tothe National Environmental-Policy Act include adetailed statement of the relationship of the proposedFederal action to any applicable State land use programwhich has been found eligible for a management grant.

Section 107 - requires that wherea State has notbeen found eligible for a management grant, any majorFederal action significantly affecting the use of non-Federal lands proposed after December 31, 1975, must bepreceded by a public hearing at least 180 days beforethe proposed action, followed by detailed findings uponwhich the Secretaries of the Interior or Housing andUrban Deve7,opment will be allowed to comm,ent, unlessthe President determines that the interests'Of theUnited States are to the contrary.

This section also amends the Airport and AirwayDevelopment Act (P.L. 91-258, 84 Stat. 227), the Feder-al Highway Act (23 11:S.C. gi 104), and the Land =-71(1

Water Conservation Fund Act (P.L. 88-578, 78 Stat. 897)to provide for annual incremental 7% Cutbacks in air-

"'port development funds, Federal-aid highway funds, andland and water conservation funds, respectively,

93

beginning in fiscal year 1976, for any State which bAsnot been found eligible for a management grant undersection 104 by June 3G o.E 1975_ or succeeding years.

Section 108 - authorizes the Secretary to provideadvice upon request to States about areas of criticalenvironmental concern to the Nation and directs Federalagencies to share pertinent expertise with the States.

Section 109 - authorizes the President to designatean agency to issue guidelines to assist Federal agen-cies carrying out the responsibilities, under the Act.

Section 110 - authorizes the Secretary to allocategrant funds to the States on the basis of State popula-tion and growth, extent of coastal areas and areas ofcritical environmental concern and other relevant fac-tors. No grant funds shall be used by the State toacquire real property.

Section 111 - authOrizes the Secretary to develop,in consultation with other interested parties, rulesand regulations covering the submission and review ofgrani- applications and to require reports concerningthe status anc operation of the, program. It requiresthat certain records be kept and authorizes the Secre-tary and the Comptroller General to audit and examinesuch records. It further provides that nothing inthis Act shall extend State territorial jurisdiction orbe construed to conflict with 'Lather Federal statutes orregulations.

Section 112 - authorizes the appropriation of $20million in each fiscal year 1973 through 1977 forgrants to States. It further authorizes the- appropria-tion of such sums as necessary for the Departments ofthe Interior and Housing and Urban Developwent toadminister the program.

, *Tax Incentives To Preserve Coastal Wetlands

*This proposed legislotion also includes proposalsmode by the President in his 1.971 EnvironmentalMessage related, to rehabilitation of structures,historic preservotion, and charitable donotionsof land.

950

OFFICE OF THE SECRETARY OF THE 'i:'"Eds,'SURYWASHINGTON. D.C. 20220

February 24, 1972

4 -Dear Mr.

In accordance with the President'S Message ofFebruary 8, 1972, with respect to environmental legis-lation, I-am enclosing a draft bill'entitled the"Environmental Protection Tax Act of 1972", along witha section-by-section analysis, for consideration by theCongress.

The proposed legislation is designed to preservethe nature of our coastal wetland areas by generallyreducing the Federal income tax benefits related toinvestments and improvements in those areas. The billwould additionally encourage_ greater rehabilitation,rather than demolition, of older buildings in our urbanareas. The legislation is similarly designed to makerestoration,of historic structures more appealing toprivate investors. Finally, the bill. modifies certainrestrictions on the deductibility of charitable giftsof partial interests in lands to be used for conserve-tion'purposeS.

These proposals are described in more, detail inthe accompanying materials. It would be appreciated ifyou would lay the proposed legislation before the[Senate/House of Representatives]. A similar communi-cation haabeen addressed to tne [President of theSenate/Speaker of the House].

We have been advised by the:Oi:fice:.of Managementand Budget that there is no objection to the presenta7tion:of'this draft billtotherCongreasand that itsenactment would beinaCCord:with the program of thepr:dsi4ent.

Sincerely

/s/ John B. Connally

The HonorableSpiro T. AgnewPresident of th._, SenateWashington, D.C. 20510

The HonorableCarl AlbertSpeaker of the Houseof Representatives

Washington, D.C. 20515

Enclosures

A BILL

"To amend the Internal Revenue Code of 1954 to encouragethe preservation of coastal wetlands, open space andhistoric buildings and to encourage the preservationand rehabilitation of all structures, and for otherpurposes.Be it enacted by the Senate and House of

Representatives 'of the United States of America inCongress assembled,

TITLE I. SHORT TITLE, ETC.Sec. 101. SHORT TITLE.--This Act may be cited as

the "Environmental Protection Tax Act of 1972."Sec. 102. AMENDMENT 0E-1954 CODE.--Whenever in

this Act an amendment is expressed in terms of anamendment to a section or other provision, the referenceshall be considered to be made to a section or otherprovision of the Internal Revenue Code of 1954.

TITLE II. PRESERVATION OF COASTAL WETLANDSSec. 201. DEPRECIATION OF IMPROVEMENTS ON HISTORIC

SITES AND IN. COASTAL WETLANDS(a) Section 167 (relating to depreciation) is

amended by redesignating subsection "n" as subsection"p", and by inserting after subsection "m" thefollowing new subsection:,

"(n) Straight line-method in certain cases.(1)--In General.:In the case of any property

in whole or in part constructed, recon-structed, erected, or used- -(A) in coastal wetlands (as defined in

section 7701(a) (35)), or(B) on a_site which was, on or after

February 8, 1972, occupied by acertified historic structure (asdefined in section 189(d)(1)) whichis demolished or substantiallyaltered (other than by virtue of acertified rehabilitation -as definedin section 189(d)(2)) after suchdate, 1 '

subsections ao, (k), and (1) shallnot apply, and the term "reasonablealloance" as used in subsection (a)shall mean only an allowance computed

under the straight line method.(2) Exception. The limitations imposed by

this subsection shall not apply toproperty which is not affixed to land orimprovements, or to property which is acertified coastal wetlands improvement(as defined in section 7701(a)(36))."

(b) The amendment made by this section shall applyto property placed in service after December 31, 1972..

Sec. 202. RECAPTURE ON DISPOSITION OF PROPERTY- -Section 1245 (relating to gain from disposition ofcertain depreciable property) is amended as follows:

(a) In section 1245(a)(2) strike out "or" at theend of sUbparagraph (C); delete the period and insert"or" at the end of subparagraph (D); and immediatelythereafter add a new subparagraph (E) to read asfollows:

"(E) with respect-to any propertyreferred to in paragraph (3)(E), itsadjusted basis recomputed by addingthereto all adjustments ".

(b) In section 1245(a)(3), strike out "or" at theend of subparagraph (C), delete the period and insert",or" at the end of subparagraph (D), and immediatelythereafter add a new subparagraph (E) to read asfollows:

"(E) property placed in service incoastal wetlands after December 31, 1972(other than certified coastal wetlandsimprovements)."

Sec. 203. SOIL AND WATER CONSERVATION EXPENDITURESAND LAND CLEARING EXPENDITURES.

(a) Section 175(c)(1) (ielating to soil and waterconservation expenditures) is amended--

(1) by striking out "or" at the end of subparagraph (A), by striking out "section" andinserting in lieu thereof, "section, or at the endof subparagraph (B), and by inserting immediatelyafter subparagraph (B) a new subparagraph (C) toread as follows:

"(C) any amount paid or incurredwith respect to coastal, wetlands (otherthan amounts paid or incurred withrespect to certified coastal wetlands

improvements)."(2) -by striking out "preceding sentences." in

the flush material immediately following new sub-paragraph (C) and inserting in lieuthereof, "preceding sentences, except as provided in'subparagraph (C)."(b) Section 182(d)(1) (relating to expenditures by

farmers for clearing land) is amended by striking out"or" at the end of subparagraph (A), by striking out"section" and inserting in lieu thereof "section, or"at the end of subparagraph (B), and by adding a newsubparagraph (C) at the end thereof to read as follows:

"(C) any amount paid or incurredwith respect to coastal wetlands -(otherthan amounts paid or incurred withrespect to certified coastal wetlandsimprovements).c

(c) The amendments made by this, section shallapply to taxable years beginning after December 31,1972.

Sec. 204. CARRYING CHARGES ON COASTAL US1LANDSPROPERTY. (a) Part IX of subchapter B of Chapter 1(relating to items not deductible) is amended byadding after section 279 the following new section:

"Sec. 280. Carrying Charges on CoastalWetlands Property.

(1) In general.--Deductions for the'taxable yearof amounts otherwise allowable under section 163 or164, or under section 162 to the ,tent suchamounts would also have bezeriallimgable undersection 163 or 164, which are attributable to landunder development and associated improvements inthe coastal wetlands (other than land and associ-ated improvements which are certified coastalwetlands improvements) shall be allowed only to theextent of net income derived from such coastalwetlands. If for any taxable year such deductionsexceed such income, the excess shall be 'charged tocapital' account."(2) Net income from coastal wetlands.--For pur-,poses of this section; "net:inCOMe from coastalwetlands".means gross income' for the taxable yearderived from land underdevelopment, andassociated, improvements in the coastal wetlands

(other than land and associated improvements whichare certified coastal wetlands improvements),reduced by all deductions directly connected withthe production of such income, other than items ofdeduction described in section 163 or 164."(b) The amendment made by this section shall apply

to taxable years beginning after December 31, 1972.(c) The table of sections for Part IX of subchapter

B of Chapter 1. is amended by adding at the end thereof:"Sec. 280. Carrying Charges on Coastal

Wetlands Property."Sec. 205. DEFINITION OF COASTAL WETLANDS. Section

7701(a) (relating, to definitions) is amended by addingafter paragraph (34 the following new paragraph:

"(35) Coastal Wetlands.--The term "coastalwetlands" means those areas of open water, marsh,swamp, or other coastal wetlands which--

.(A) correspond to Types 12 through 20identified in Circular 39 of the Fish andWildlife Service, U.S. Department of theInterior,

(B) are of biological significance dueto their production of or capacity to producevegetation and other types of living organismsimportant to the maintenance of the ecologyof the coastv51 ;zone,

(Cv) MV1inencEtilrisr tIttUa LLfat azge(D;

'Oa C3T fathormiRepliEi s as ItatImmamamotional Oceamm- Sbrvey MtrineArbarts,

and which are certified to the Secretary or hisdelegate as falling within the above definition bythe Secretary of the Interior With the approval ofthe Secretary of Commerce.(b) Certified,Coastal Wetlands Improvements.

seation 7701(a) (relating to definitions) is amended byadding after paragraph (35) the following newparagraph:

"(36) Certified Coastal Wetlands Improvement-The term "certified coastal wetlands improvement"means any improvement, change or other alterationto coastal wetlands which the Secretary of theInterior, with the approval of the Secretary ofCommerce, has certified to the Secretary or his

delegate --(A) as not being in conflict with

applicable regulations of Federal and stateagencies relating to the protection of thecoastal wetlands, and

(B), as not requiring an environmentallyundesirable degree of draining, dredging orfilling in the coastal wetlands affected,'TITLE III - HISTORIC PRESERVATION

Sec. 301. AMORTIZATION OF REHABILITATIONEXPENDITURES. (a) Part VI of subchapter B ofChapter 1 (relating to itemized deductions) is amendedby adding at, the end thereof the following new section:

"Sec. 189--Amortization of Certain Rehabili-tation Expenditures for Certified HistoricStructures--

"(a) Allowance of Deduction.-Every personat his election, shall be entitled to a deductionwith respect to the amortization of the amorti-zable basis of any ceYiified historic structure (asdefined in subsection (a)) based on a period of60 months. Such amortization deduction Shall-be anamount, with respect to each monthaf such: periodwithin the taxable year, equal to,_file amortizablebasis at the end of such month d1zjiddby- the numberof months (including the :month Itm. 7161%ch7thededuction is computed) remaining Eke period.Such amortizable basis at -the. end41::thE-the_mont-li

be computed without regard-to theamortizationdeduction for such month. The amortizationdeduction provided by this section with respect toany month shall be in lieu of the depreciationdeduction with respect to such basis for such monthprovided by section 167. The 60-month period shallbegin, as to any historic structure, at the electionof the taxpayer, with the month following the monthin which the basis `is acquired, or with the succeed-ing taxable year.

"(b) Election of Amortization.--The electionof the taxpayer to take the amortization, deductionand to begin the 60-month period:with the monthfollowing the month in which the basis is acquired,or with the taxable"year succeeding the taxableyear in which such basis is acquired, shall be made

by filing with the Secretary or his delegate, insuch manner, in such form, and within such time, asthe Secretary or his delegate may by regulationsprescribe, a statement of such election.

"(c) Termination of Amortization Deduction.- -A taxpayer who has elected under subsection (b) totake the amortization deduction provided in sub-section (a) may, at any time after making suchelection, discontinue the amortization.deductionwith respect to the ratainder of the amortizationperiod, such discontinuance to begin as of thebeginning of any month specified by the taxpayer ina notice in writing filed with the Secretary or hisdelegate before the beginning of such month. Thedepreciation deduction provided under section 167shall be allowed, beginning with the first month asto which the amortization deduction does not apply,and the taxpayer shall not be entitled-tz anyfurther amortization deduction under this section'with respect to such certified historic structure.

"(d) Definitions.--For purposes of thissection--

(1) Certified historicstructura. Theterm "certifiedhistoric, structnre" meansbuilding or :structure -m;tibj.act.....: the allowance

:-:1"...;aect ion 16:7

(A) is listed in the NationalRegister, or

(B) is located in a RegisteredHistoric District and is certified bythe Secretary of the Interior or 'hisdelegate as beiAg of historic signifi-cance to the District."(2) Certified rehabilitation. The term

"certified rehabilitation" means any rehabili-tation of a certified historic structure of ofany other structure located in a RegisteredHistoric District, which the Secretary of theInterior or his delegate has certified asbeing consistent with the historic characterof such property or district.

"(3) Amortizable basis. The termamortizable basis" means the portion of the

basis attributable to additions to capitalaccount which-7-

(i) are amounts expended for certifiedrehabilitation, and

(ii) are described in section 167(o) (2)."(e) Depreciation deduction. ---The depreciation

deduction provided by section 167 shall, despite theprovisions of subsection (a), be allowed withrespect to the portion of the adjusted basis whichis not the amortizable basis.

"(f) Life Tenant and Remainderme.n.--In thecase of property held by one person for life withremainder to another person, the deduct-i.on underthis section shall be comported as if the _life tenantmere the absolute owner of the p/cloperty and shall be-sifilowable to the life tenatie.

" (g) Cross }References; (1), 'Tor 'ru s relating-to.-:.ae _listing of buildings. and structures in theNatlonal. Register and for (definitions af. "NationalRegIster" and "R.egistenertorho Distzchat", see

0n,,,470 et sec:T. of- cri'.-..theItn±tedStaii. -Cade .

(2) For .spP,ff-kal rule ; -with,celatain gain iderhssed_fslom the T2dispes±tton of

ip rty the -adjusted' basis of which is deter--mined with regard 'to this section, see section1238."

(b) Gain (2x2cjia.s 9sition of registered structures.Section 1238. (relating to amortization in excess ofdepreciation) is amended to read as follows:

"Sec. 1238. Amortization in excess ofDepreciation.--Gain from the sale or exchange ofproperty, to the extent that the adjusted basis ofsuch property is less than its adjusted basisdetermined without regard to section 168 or 189,shall be considered as ordinary income."(c) Conforming Amendments.--

(1,) The table of sections for Part VI of sub-chapter B of Chapter 1 is amended by inserting atthe end thereof the following new item.

"Sec.189. Amortiiation of rehabilitationexpenditures on certified historic structures."(2) The heading and first sentence of section

642 (f -) (relating to special rules for credits and

deductions of estates and trusts) are amended toread as follows:

"(f) Amortization deductions.--The benefit ofthe deductions for amortization provided bysections 168, 169, 184, 187, 188, and 189 shallbe allowed to estates and trusts in the samemanner as in the case of an individual.(3) Section 1082(a)(2)(B) (relating to basis

for determining gain or loss) is amended by strikingout "or 188:" and inserting in lieu thereof "188,or 189;".

(4) Section 1250(b)(3) (relating ro -depreci-ation adjustments:) is amended by striking ,out "or,188)."(d) Effective date .The amenUments madan3Ty this

section shall_ apply with_:respect to addclt±ons-to capitalQd..cuount made after Fehrummy 8, ,I972-

Section 3E2 . MUM imam(za) Disallowance Of' ILT. =0a BEat:X.miiIE-4mobik-

cibal:pter B of Chapter-I 4-jting-tm "teal -railroadctrpanations and -their-Shaholders) is amended byredesignating section 281 as section 291 and part IX ofsuch subchapter (relating to items not deductible) isamended by adding after section 280 the following new.section:

"Sec. 281. Demolition of Certain HistoricStructures.

"(a) General Rule. In the case of thedemolition of a certified historic structuredescribed in section 189(d)(1) (but withoutregard to paragraph (C) of that section)--

"(1) no deduction otherwise allow-able under this chapter shall be allowedto the owner or lessee of such structurefor--

"(A) any amount expended forsuch demolition, or

"(B) any loss sustainedaccount of sUdh-deMolition."(2) Amounts described in paragraph

(1) shall be treated as,property, charge-able to capital account with respect totte land.on which the structurewas located.

"(b) Special Rule for Registered His-toric Districts. For purposes of this section,any building or other structure located in aRegistered Historic District shall be treateE'as a "certified historic structure" unless theSecretary of the Interior or his delegate hascertified, prior to -the demolition of suchstructure, that such structure is not ofhistoric significance to the District."

(b) Effective Date.--The amendments made by thissection shall apply with respect to demolitions commenc-ing after the date of enactment of this bill.

(c) Conforming Amendments.(1) The table of sections for part X of sub-

chapter B of chapter 1 (relating to .terminalroad corgourations nand their Ishureholders) is amendedby redesagnating "Sec. 2'81" as "Sec. 291".

(2) The table of sections for part IX of sub--chapter B of chapter 1 (relating to items not de-ductible) is amended by adding at the end thereofthe following new item:

"Sec. 281. Demolition of Certain historicstructures."

TITLE IV - REHABILITATIONSec. 401. SUBSTANTIALLY REHABILITATED PROPERTY.

(a) Section 167 (relating to depreciation) is amendedby inserting after subsection (n) the following newsubsection:

"(o) Substantially Rehabilitated Property."(1) General Rule.--Pursuant to regulations

prescribed by the Secretary or his delegate, thetaxpayer may elect to compute the depreciationdeduction attributable to substantially rehabili-tated property as though the original use of suchproperty commenced with him.

"(2) Substantially rehabilitated property.--The term "substantially rehabilitated property"means property which is of a character subject tothe allowance for depreciation under section 167,and is property described in section 1250 withrespect to which the additions to capital accountduring the 24-month period ending on the last dayof any taxable year, reduced by any amounts allowedor allowable as depreciation or amortization

allowable thereto, exceeds the greater of --(A) the adjusted basis of such property, or(B) $3,000.

The adjusted basis of the property shall be deter-mined as of the beginning of the first day of such24-month period, or of the holding period of theproperty (within the meaning of section 1250(c)),whichever is later."(b) Effective Date. The amendment made by this

section shall apply with respect to additions to capitalaccount occurring, after June 30, 1973.TITLE V. CHARITABLE TRANSFERS FOR CONSERVATION PURPOSES.

Section 501. TRANSFERS OF PARTIAL INTERESTS INPROPERTY FOR CONSERVATION PURPOSES.

(a) Income tax deductions for charitable contri-butions of partial interests in property for conser-vation purposes.--Sec. 170(f)(3) (relating to charitablecontributions) is amended--

(1) by striking out "or" at the end of sub-paragraph (b)(i),

(2) by striking out "property.", at the end ofsubparagraph (b) (ii)- and inserting in lieu thereof"property,"

(3) by adding after clause (ii). of subpara-graph (b) the following new clauses:

"(iii) a lease on, option to purchase, oreasement with respect to real property of notless than 15 years duration granted to anorganizatiOn described in subsection (b) (1) (A)exclusively for conservation purposes, or

"(iv) a remainder interest in real prop-erty which is granted to an organizationdescribed in subsection (b)(1)(A) exclusivelyfor conservation purposes." and(4) by adding at the end thereof the following

new subparagraph:

"(C) Conservation,Purposes Defined.--ForPurPoses of subparagraph (B), the term "con-servation purposes" means--

.(i) the preservation of land areasfor public outdoor recreation or edu-cation, or scenic enjoyment;

(ii) the preservation of histori-cally important land areas or structures;

or(iii) the protection of natural

environmental systems."(b) Estate Tax Deduction for Transfers of Partial

Interests in Property for Conservation Purposes.--.Section 2055(e)(2) (relating to deductions from grossestate) is amended by striking out "(other than aremainder interest in a personal residence or farm or anundivided portion of the decedent's entire interest inproperty)" and inserting in lieu thereof "(other than aninterest described in § 170(f)(3)(B))."

(c) Gift tax deduction for transfers of partialinterests in property for conservation purposes.- -

Section 2522(c)(2) (relating to deductions from taxablegifts) is amended by striking out "(other than aremainder interest in a personal residence or farm or anundivided portion of the donor's entire interest inproperty)" and inserting in lieu thereof "(other than aninterest described in § 170(f)(3)(B))".1 (d) Effective.date.--The amendments made by thissection shall apply with respect to contributions andtransfers made after February 8, 1972.

SECTION-BY-SECTION ANALYSIS

TITLE I SHORT TITLE, ETC.Title I labels the Act as the "Environmental Pro-

tection Tax Act of 1972," and specifies that all amend-ments contained in the Act are amendments to theInternal Revenue Code.

TITLE II PRESERVATION OF COASTAL WETLANDSSection 201

Section 201 adds a new subsection (n) to section167 of the Code, providing that the depreciationdeduction for property constructed, reconstructed orerected in the coastal wetlands may be computed only byuse of the straight-line method of depreciation. Asimilar rule is applied in the case of buildings con-structed on sites where a registered historic'structurehas'been demolished.

The limitation of depreciation methods will applywith respect to property placed in service afterDecember 31, 1972.Section 202

Section 202 amends section 1245 of the Code to pro-vide that gain on the disposition of improvementslocated in coastal wetlands will be treated as ordinaryincome to the extent of all depreciation deductionsclaimed with respect to such improvements. This amend-ment will apply to dispositions of property placed inservice in the coastal wetlands after. December 31, 1972.Section 203

Section 203 of the bill adds a new subparagraph Cto sections. 175(c)(1) and 182(d)(1) of the Code, pro-viding, in effect, that certain land'clearing expendi-tures and certain soil and water conservation expendi-tures (such as expenses for draining, dredging orfilling) with regard to coastal wetlands are not deduc-tible under the special rules of Code sections 175 and182. Thus, these expenses would have to becapitalized.

Disallowance of deductions for these expenditureswould apply to taxable years beginning after December31, 1972.Section 204

Section 204 of the bill adds a new section 280 tothe Code, providing in effect that no deduction for

interest and taxes will be allowed where it is attri-butable to land under development and associated im-provements in the coastal wetlands. However, thesedeductions would be allowed to the extent of any incomederived from such coastal wetlands. The amount of suchdisallowed deductions is to be charged to the capitalaccount.

This section will apply to taxable years beginningafter December 31, 1912.Section 205

Section 205 of the bill defines coastal wetlands asareas of open water, marsh, swamp, etc., correspondingto types 12 through 20 in Circular No. 39 of the Fishand Wildlife Service of the U.S. Department of Interior,which are of biological significance, are influenced bytidal water, and which lie shoreward within theterritorial sea of the three fathom depth line as show:aon National Oceans Survey Marina Charts. It is furtherprovided that the Secretary of the Interior, after con-sultation with the Secretary of Commerce, will providethe Secretary of the Treasury with a detailed desCrip-tion (in the form of maps) of lands which fall withinthis definition.

Section 205 also defines certified wetlands improvements which will be exempt from the provisions of theAct. Certification requires a finding by theSecretaries'of the Interior and Commerce that theimprovement does not conflict with regulations and doesnot require an environmentally undesirable degree ofdraining, dredging, or filling.

TITLE III HISTORIC PRESERVATIONTitle III contains provisions intended to encourage

preservation of historic buildings and structures.certified by the Secretary of the Interior as registeredor qualified for registration on the National Registry.In addition to the provisions of Title III, Section 201of the Bill limits depreciation to the straight-linemethod in the, case of 'buildings constructed on siteswhich were formerly occupied by demolished historicstructures.Section 301

Section 301 adds a new section 189 to the Code,permitting a 5-year write-off of rehabilitation expen-ditures incurred with respect to historic structures

which are used in the taxpayer'held for the production ofacquired in ccnnection wiwise eligible for the dep

A

trn(le or business orvided that propertyIditure is other-

allowance.On the disposition of a L;u1Lafied historic struc-

ture, gain would be treated as ordinary income to theextent-that the special write-off provided under thissection exceeded the depreciation deduction which wouldhave otherwise been allowable (without regard to thisprovision). This section would apply with respect toall expenditures made after February 8, 1972.Section 302.

Section 302 would add .a new section 281 to the Code(while redesignating the present section 281 as section291). Under the new section 281, no deduction would beallowed for amounts expended in the demolition of aregistered historic structure, or for the undepreciatedcost of such a structure. Both items would have to beallocated to the basis of the land. The section wouldapply to all demolitions occurring after the date ofenactment.

TITLE IV REFABILITATIONSection 401

Section 401 would add a new subsection (o) to thegeneral depreciation rules of section 167. Under thisnew provision, if a taxpayer substantially rehabilitateddepreciable property, he would be permitted to elect tocompute depreciation with respect to his pre-existingbasis in the building as though the entire structurewas first placed in service by him. This will permit ataxpayer who purchases a used building and rehabilitatesit to utilize so-called accelerated methods ofdepreciation, a privilege vihich is not now accordedtaxpayers under the law.

In order to qualify for this special treatment, theamounts added to capital account during a 24-monthperiod must be at least $5,000 in amount and must begreater than the undepreciated cost of the property,determined at the beginning of the 24-month period.The provision is effective with respect to suchexpenditures incurred after June 30, 1973.

TITLE V. CHARITABLE TRANSFERS FOR CONSERVATIONPURPOSES

Title .V provides several amendments to the chari-

charitable contribution provisions in section 170 ofthe Code, the effect of which is to permit a charitablecontribution deduction for certain types of transferswhich are not presently allowed under the law.Specifically, section 501(a) provides that a charitablededuction will not be denied on the transfer of apartial interest in property, where the interest iseither an easement of 15 or more years duration grantedexclusively for conservation purposes, or is a remainderinterest in real property which is granted exclusivelyfor conservation purposes. "Conservation purposes"mean the preservation of open land areas for publicoutdoor recreation or education, or scenic enjoyment;the preservation of historically important land areasor structures; or the protection of natural environ-mental systems.

These amendments would apply with respect to con-tributions made after February 8, 1972.

Management of Public Lands

UNITED STATESDEPARTMENT OF THE INTERIOR

OFFICE OF THE SECRETARYWASHINGTON, D.C. 20240

July 20, 1971

Dear Mr. [President/Speaker]:

Enclosed is a draftmanagement, protection,national resource lands

bill "To provide for theand development of theand for other purposes."

We recommend that the proposed bill be referredto tie appropriate committee and that it belenacted.

In his message to Congress on the environmentearly this year, President Nixon'stated:

"The Federal public lands comprise approx-imately one-third of the Nation's land area.This vast domain contains land with specta-cular scenery, mineral and timber resources,major wildlife habitat, ecological signi-ficance, and tremendous recreational imi-Fortanoe. In a sense, it s the 'breathingspace' of the Nation.

"The public lands belong to all Americans.They are part of the heritage and the birth-right of every citizen. It is important,therefore, that these lands be managed wisely,that their environmental values be carefullysafeguarded, and that we deal with these landsas trustees for the future. They have animportant pdace in national land use considera-pions."

This bill represents an historic proposal. TheDepartment is proposing legislation which, for thefirst time, would state the national policies governingthe use and management of 450 million acres of the -

public domain and provides specific guidelines for themanagement Of these vast lands.

117

Si7,;ply put the bill declares a national policy thatthese lands be managed under the principles ,of multipleuse anz5 sustained yield in a manner which will, usingall practicable means and measures, protect-4the qualityof the environment. It is also declared in .the nationalinterest that these lands be held in Federal ownershipand that disposal be authorized only when the managementof the public domain would be significantly improved,or when such dispOsal would serve important public ob-jectives which cannot be prudently and feasibly achievedon non-Federal lands. This then sets a guiding principlefor management in perpetuity.

In a very real sense the story of this country'sgrowth and development is the story of the publicdomain. At one time the Federal government owned 80%of the present> land mass of the United States.Thirty-one States were created out of public domain,railroads, sdhools, and other public works built, andmuch of the west was settled by grants of public land.For these and other purposes 1.1 billion acres of someof the richest land in this country was transferred outof Federal ownership.

Although the primary objective of Congress was toget' Federal land into private ownerghip, it also re-cognized at an early date that certain natural resourcesghould be preserved for the enjoyment of the Nation asa whole and generations to come. In 1872 Yellowstone

1 National Park was created. In succeeding years, 18million acres of Public land became'National Parks, 160million acres became National Forests, and 2.3 millionacres became wildlife refuges.

Today roughly 450 million acres of public domainremain without specific statutory designation.' Andwhile the Nation has come to, regard this land as apermanent national asset to be, for the most part,retained and managed on a multiple use, sustained yieldbasis, the basic management tools available for thispurpose remain those that were forged when Federal owner-ship was expected to be short-lived, and when theFederal role was that of a temporary custodian.

From 1812 to 1946 the principal custodian of thepublic land was the General Land Office. Its jobs wasprimarily to survey the land and convey it to success-ful applicants.

In 1934, the Taylor Grazing Act brought a measureof protection and management to the unreserved public'domain. Among other things, this Act authorized theestablishment of grazing districts to provide moreorderly use of the public range land. The GrazingService was created to administer the grazing districtmanagement program. The General Land Office was givenauthority to classify public lands for disposal.

In'1946 by executive reorganization, the GeneralLand Office and the Grazing Service were merged intothe Bureau of Land Management.

Within the Department of the Interior the Bureauof Land Management has the responsibility to managethe 450 million acres of unreserved public land. Inaddition, BLM has some surface management responsi-bilities on millions of acres withdrawn for piogramsof other Federal agencies such as the Bureau ofReclamation, the Bureau of Sport Fisheries and Wild-life, and the Department of Defense. BLM and theGeological Survey have joint responsibilities foradministration of the mineral laws on all publicdomain and acquired lands (including> national forestsand wildlife erefuges),, reserved mineral interestsmore than 800,000,000 acres in total --and 0/14,theOuter Continental Shelf. BLM also keeps the basicpublic land records and does land bpundary surveysfor most Federal lands. Lands administered by BLMamount to about 60% of all Federal lands.

Despite the enormous responsibilities of the BLM,the definition of its mission and the authority toaccomplish it have never been colraprehensively enunciatedby Congress. Rather its mission and authority must begleaned from some three thousand land laws which haveaccumulated over some 170 years and which are often,,,at cross purposes.

In 1964 Congress passed three laws as a firststep in the process of placing public land managementon an up-to-date, rational basis. The Public Land LawReview Commission Act established a commission toreview the entire body of the land laws and administra-tive practices and recommend modifications in them tobest enable the public land to be retained and 7--Inage'r3,or disposed of, all for the maximum benefit to LA,.,general public. The Classification and Multiple UseAct authorized BLM to classify the public lands fordisposal or retention for multiple use management.The Public Land Sale Act allowed sale of public landWhich was chiefly valuable for certain specified uses.The, latter two Acts expired on December 23, 1970.

The Classification and Multiple_Use Act and thePublic Land Sale Act were intended as interim measures,pending evaluation and possible implementation of thePLLRC recommendations. When they expired on December23, 1970, the Bureau of Land Management returned tothe Taylor Grazing Act of 1934 for its basic classifi-cation authority. Since the Taylor Grazing Act doesnot apply to public lands in Alaska, the Departmentis without that essential management authority inthat State.

During the six year life of the Classificationand Multiple Use Act, 177 million acres were classifiedfor multiple use management while roughly 3.5 millionacres of land were classified fore disposal. Two hundredand sixty two million acres remain unclassified, almostall of which is in Alaska.

The comprdhensive management authority we areis iproposing for the public lands s n accord with many

of the 'recommendations of the Public Land Law ReviewCommission, and would continue on a permanent basisthe concepts approved by Congress in the two Actswhich expired on December 23, 1970. It would providefor the first time a clear and comprehensive definitionof the Department's mission with respect to these lands.

The proposed act would apply to all lands administeredby the Department through the Bureau of Land Managementincluding the revested Oregon and California Railroad

120

Lands and reconveyed Coos Bay Wagon Road lanes toOregon. It would adopt the name National Resourcelands to designate adequately their importance.

The proposed act is designed - de a broadframework for any legislative proposals dealing withspecific uses or resources which may be made in thefuture. For this reason, it should be an initial stepin any legislative program to reform the land laws.

It directs the Secretary of the Interior to in-ventory the national resource lands and to developcomprehensive land use plans,for such lands givingpriority to _lands in critical environmental areas,which is defined to include _among others flood plains,coastal zones and scenic or 'historic areas. Theinventory will (give priority to such critical resourcesas clean burning fossil fuels to, assist this Nation'sefforts to aombat pollution. The identification ofthe most critical environmental areas will be given ahigh priority by this Department so that those areasmay be given Ehe pratection they so, urgently need.A thorough knowledge of the resources we possess andpurposeful plans far their 'se will greatly assist usto arrest the destruction weLhave too long and toocarelessly inflicted on our natural resources. Thenational resource ltands are, in a real sense our lastfrontier. We cannot afford to squander their riches.

The proposed bIll'wonId repeal the-hodge-podge ofland disposal laws and replace -them with a modern dis-posal law authorizing the Secretary to sell for fairmarket value-those lands meeting-the standards set

. forth in the propose bill.

The Mining and Mineral:Leasing Laws and certainspecial purpose lamd,disposal laws, including theRecreation and PublIc Purposes Act, would not berepealed, although-this Act would govern the exerciseofSecretarial discmetion under tthose and any otherlams.

Equally iMportanttto land management is the autho-rity to acquire landOmlecessary fbr authorized programs,or for bloc diPq up eXtSting landholdings. One

121

traditional method of doing this, land exchanges, isretained with the modifica,ion that where the landsare not of equal value, the value may be equalized bycash payment. This acquisition authority is notintended to initiate a major acquisition program.

The proposed bill would significantly enhance themanagement of the national resource lands by makingviolation of laws or regulations pertaining to them acrime and by vesting enforcement authority in certaindesignated Departmental employees.

The authority granted by the Act would pass to theSecretary of Natural Resources upon establishment ofthe Department of Natural Resources as propoied byPresident Nixon. The Act would not affect the presentfunding of operations on or the distribution of receiptsfrom the national resource lands.

The national resource lands are a priceless andirreplaceable national asset. It is time to providethe Department of the Interior with the tools to manageand preserve them in accordance with their value to theAmerican people.

The Office of Management and Budget has advisedthat enactment of this proposed legislation would be inaccord with the program of the President.

Sincerely yours,

/s/ Rogers C.B. MortonSecretary of the Interior

Honorable Spiro T. AgnewPresident of the SenatewaShington, D.C. 20510

Honorable Carl B. AlbertSpeaker of the Houseof Representatives

Washington, D.C. 20515

Enclosure

A BILL

To provide for the management, protection anddevelopment of the national resource lands, and forother purposes.

Be it enacted by the Senate and. House of Repre-sentatives of the United States of America in Congressassembled, That this Act may be cited as the "NationalResource Land Management Act, of 1971."SECTION 2. Definitions. As used in this Act:

(a) "The Secretary" means the Secretary of theInterior.

(b) "National resource lands" means all landsand interests in lands (including the renewable andnonrenewable resources thereof) now or hereafteradministered by-the Secretary through the Bureau ofLand Management, except the Outer Continental Shelf.

(c) "Multiple use" means the management of thenatural resource, lands and their various surface andsubsurface resources so that they are utilized inthe combination that will best meet the present andfuture needs of the American people; the most judicioususe of the land for some or all of these resources orrelated services over areas large enough to providesufficient latitude for periodic adjustments in use toconform to changing needs and conditions; the use ofsome land for less than all of the resources; a com-bination of resource uses-that takes into account thelong term needs of future generations for nonrenewableresources and the achievement of diversity and balancefor renewable resources; and harmonious and coordinatedmanagement of the various-resources, each with theother, without impairment of the productivity-of theland or undue damage to irreplaceable values, withconsideration being given to the relative values of theresources, and not necessarily the combination of usesthat will give the greatest economic return or thegreatest unit output.

(d) "Sustained yield" means the adhievement andmaintenance in perpetuity of a high-level annual orregular periodic output of the various renewableresources of land without impairment of the productivityof the land.

(e) "Areas of critical environmental concern"means areas where uncontrolled use or development

459-964 0 - 72 - 9123

could result in irreversible damage to: importanthistoric, cultural, or aesthetic values, or naturalsystems or processes, or life and safety as a re-sult of natural hazards. Such areas shall include:

(1) coastal zones and estuaries: "Coastalzones" means the land, waters, and lands beneath thewaters in close proximity to the coastline ( includingthe Great Lakes) and strongly influenced by each other,and include areasinfluenced or affected by water froman estuary such as, but not limited to, salt marshes,coastal and intertidal areas, sounds, embayments,harbors, lagoons, inshore waters, channels, and allother coastal wetlands. "Estuary" means the part of themouth of a river or stream or other body of water havingunimpaired natural connection with the open sea andwithin which the sea water is measurably diluted withfresh water derived from land drainage;

(2) shorelands and flood plains of rivers,lakes and streams;

(3) rare or valuable ecosystems;(4) scenic or historic areas; and(5) such additional areas of similar valuable

or hazardous Characteristics which the Secretary deter-mines to be of critical environmental concern.SECTION 3. Declaration of Policy.

(a) Congress hereby declares thatthe nationalresource lands are a vital national asset containinga wide variety of natural resource values and that thenational interest will best be served by retaining thenational resource lands in Federal ownerghip exceptwhere the Secretary determines that disposal of parti-cular tracts of national resource lands is consistentwith the purposes, terms and conditions of this Act.

(b) Congress hereby directs that the Secretaryshall manage the national resource lands under princi-ples of multiple use and sustained yield in a mannerwhich will, using all practicable means and measures,protect the environmental__ quality of the nationalresource lands to assure their continued value forpresent and future generations.SECTION 4.

The use, occupancy or develOpment of any portionof the, national resource lands contrary to any regulation

of the. Secretary of contrary to any order issued pur-suant to any such regulations is unlawful and pro-hibited.SECTION 5. Inventory.

The Secretary shall prepare and maintain on acontinuing basis an inventory of all national resourcelands and their resources giving priority to areas ofcritical,environmental concern. Phis inventory shallreflect dhanges in conditions and in identificationsof resource values.SECTION 6. Land Use Plans.

(a) Phe Secretary shall with public participa=tion develop, maintain, and when appropriate, reviseland use plans for the national resource lands consis-tent with the terms and conditions of this Act andcoordinated so far as he finds-feasible and proper,or as maybe required by the National Land Use PolicyAct of 1971 or other law, with the land use plans ofState and local governments and other Federal agencies.

(b) In the development and maintenance of landuse plans, the Secretary shall:

(1) use a systematic interdisciplinaryapproach to achieve integrated consideration of physical,biological, economic and 'social sciences;

(2) give priority to the designation ofareas of critical environmental concern;

(3) rely, to the extent it is available,on the inventory of the national resource lands andtheir resources;

(4)

of the lands;(5) consider Ehe relative scarcity of the

values involved and the availability of alternativemeans including Ehe need for recycling and sites forrealization of those values;

(6) weigh long-term public benefits againstmore immediate local or individual benefits; and

(7) consider the requirements of applicablepollution control laws including state or Federal airor water quality standards and implementation plans.SECTION 7. Management.

(a) The Secretary shall manage the nationalresource lands in accordance with the policies andprocedures of Ehis Act, and with any applicable landuse plans whidh he has prepared except to the extent'

consider all present and potential uses

125

that other applicable law requires the Secretary totake specific actions. Such management shall include:

(1) the regulation of all use, occupancy ordevelopment, through permits, licenses or such otherform of authorization as the Secretary deems appro-priate;

(2) requiring land reclamation as a condi-tion of use, and requiring performance bonds guaranteeingsuch reclamation of any person permitted to engage inextractive or other activity likely to entail signifi-cant disturbance to or alteration of the land;

(3) inserting in permits, licenses, or otherauthcrizations to use, occupy or develop the nationalresource lands provision authorizing revocation or sus-pension upon violation of any regulations issued by theSecretary under this Act or upon violation of anyapplicable state or Federal air or water qualitystandard and implementation plans; and

(4) the prompt development of regulations forthe protection of areas of critical environmental con-cern.SECTION 8. Sale of Land.

(a) Except as otherwise provided by law, theSecretary is authorized to sell national resource landswhen he finds that such 'sale will (1) lead to a signi-ficant improvement in the management of the nationalresource lands, or (2) serve important public objectiveswhidh cannot be achieved prudently and feasibly on landother than national resource lands. Sales of nationalresource lands under this Act shall be at not less thanthe appraised fair market value and shall be in accordwith land use plans when such plans have been prepared.

(b) The Secretary shall determine and establishthe size of tracts to be sold on the basis of the landuse capabilities and development requirements of thelands.

(c) Sales of land under this Act shall be con-ducted under competitive bidding procedures to beestablished by the Secretary, except that Where hedetermines it necessary and proper (1) to assure fairdistribution among purchasers of national resourcelands, or (2) to recognize equitable considerations orpublic policies, including but not limited to a pre-ference right to users, he is authorized to sellnational resource lands without competitive bidding,

or with modified competitive bidding. In no eventshall the lands be sold for less than the appraisedfair market value as determined by the Secretary.

(d) Until the Secretary has accepted an offerto purchase, he may refuse to accept any offer or maywithdraw any land from sale der this Act when hedetermines that consummat the sale would not bein the public interest.

(e) At the end of r-4,,?; fiscal year the Secretaryshall report to Congress all sales of national re-source lands conducted by him during such fiscal yearSECTION 9. Conditions in Conveyances-

(a) Except where the Secretary finds that (1)there are no mineral values in the land or (2) reser-vation of the mineral rights in the United States wouldinterfere with or preclude the appropriate developmentof the land and that such development is a more bene-ficial use of the land than mineral development, allconveyances of title issued by the SecretarY underthis Act shall reserve to the United States all mineraldeposits in the lands, together with the right to pros-pect for, mine, and remove the deposits under applicablelaw and such regulations as the Secretary may prescribe.

(b) The. Secretary shall insert in any patent orother documents of conveyance 'he issues under this Actsuch terms, covenants and conditions as he deemsnecessary to insure proper land use, environmentalintegrity and protection of the public interest. Inthe event any area which the Secretary has identifiedas an area of critical environmental concern is con-veyed out of Federal ownership, the Secretary shallprovide for the continued protection of such are in thepatent or fither document of conveyance.SECTION 10. Acquisition of Land.

(a) When public interests will be benefittedthereby the Secretary is authorized to acquire by pur-chase, exchange, donation or otherwise such lands orinterests therein including, but not limited to, theprovision of access by the general public to nationalresource lands. Such acquisitions shall be consistentwith such land use plans as may apply. to the areainvolved.

(b) Purchases designed primarily to provide out-door recreation opportunities shall be made by theSecretary with funds from the Land and Water Conserva-tion Fwd.

(c) In exercising the exchange authority grantedby subsection'(a) of this section, the Secretary mayaccept title to any non-Federal land or intereststherein and in exchange therefore he may convey tothe grantor of such land or interests any'national re-source lands or, interests therein which, under theterms and conditions of this Act, he finds proper fortransfer out of Federal ownership and which are locatedin the same State as the non-Federal land to be acquired.The values of the lands so exchanged either shall beequal, or if they are not equal, the value shall beequalized by the payment of money to the grantor or tothe Secretary as the circumstances require. When aland use plan has been prepared, exchanges under thisAct shall be in accordance with such plans.

(d) Lands acquired by exchange under this sectionwithin the boundaries of the National Forest Systemmay be transferred to the Secretary of Agriculture foradministration as a part of, and in accordance withlaws, rules and regulations applicable to the NationalForest System.SECTION 11. Enforcement Authority.

(a) Violations of regulations which may be adoptedfor the purpose of protecting the national resourcelands, other public property, and the public health,safety and welfare and identified by the Secretaryas being subject to the sanctions provided for bythis section shall be deemed to be a misdemeanor andshall be-punishable by a fine of not more_than $10,000or imprisonment for not more than one year, or both.Any person charged with the violation of such regula-tions may be tried and sentenced by any United Statescommissioner or magistrate designated for that pur-pose by the court by which he was appointed, in thesame manner and subject to the same conditions asprovided for in 18 U.S.C. 3401.

(b) At the request of the Secretary, the AttorneyGeneral may institute a civil action in a districtcourt of the United States or the highest court in aU.S. territory for an injunction or other appropriateorder to prevent any person frOm utilizing the nationalresource lands in violation of regulations issued underthis. Act.

(c) The Secretary may designate and authorizeemployees as special officers who may make arrests or

serve citations for acts committed on the public landswhich are in violation of regulations identified pur-suant to subsection 11(a).

(d) Upon the sworn information by a competentperson, any United States Commissioner, magistrate, orcourt of competent jurisdiction may issue process forthe arrest of any person charged with the violation oflaw or the designated regulations. Nothing hereinshall be construed as preventing the arrest by anyofficer of the United States, without process, of anyperson taken in the act of violating the law or thedesignated regulations.SECTION 12. State's rights not curtailed.

(a) Nothing in this Act shall be construed as alimitation upon any State criminal statute, nor on thepolice power of the respective States.

(b) Nothing in'this section shall be construedto derogate the authority of a local police officerin the performance of his duties.SECTION 13. Federal rights not curtailed. Nothing inthis section shall be construed as limiting or re-stricting the power and authority of the United Statesor as affecting in any way any law governing appropria-tion or use of, or Federal right to, water on nationalresource lands.SECTION 14. All actions by the Secretary under thisAct shall be subject to valid existing rights. TheSecretary shall not impair or diminish any validexisting rights except under due process and uponpayment of just compensation.SECTION 15. PUblic Hearings.

(a) In exercising his authorities under this Act,the Secretary, by regulation, shall establish procedures,including public hearings where appropriate, to givethe Federal, State, and local governments 'and the publicadequate notice and an opportunity to comment upon theformulation of standards and criteria in the prepara-tion and execution of plans and programs and in themanagement of the national resource lands.

(b) Any proposed significant change in land useplans and regulations pertaining to areas of criticalenvironmental concern shall be the subject of a publichearing.SECTION 16. In providing for public participation inplanning and programming for the national resource lands,

the Secretary may establish and consult such advisoryboards and committees as he deems necessary to securefull information and advice on the execution of hisresponsibilities.SECTION 17. The Secretary is authorized to promulgatesuch rules and regulations as he deems necessary tocarry out the purposes of thFs Act. The promulgationof such rules and regulations shall be governee bythe Administrative Procedures Act (5.U.S.C.SECTION 18. There is hereby authorized to be appro-priated such sums as are necessary to carry out thepurposes of this Act.SECTION 19. Repeal of Prior Laws.

(a) Subject to valid rights existing at thedate of approval of this Act, the following statutesor parts of statutes as amended are repealed:

1) Homestead Laws:

Act of:

Revised Statutes2288-22982300-23022304,2311

Mar. 3, 1875

June 3, 1878

March 3, 1879

March 3,.1879

1879

Sections Statute 43 U.S.C.

161-164, 169,171, 173-175,183, 184, 191,201; 211, 239,254, 255, 271,272, 274, 277,278

15 18:420 189ch. 131

20:91 253

20:472 204ch. 191

20:472 251ch. 192

21:46

July 1, 1879 21:48 235

May 14, 1880 21:140 166, 185,202, 223

June

June

July

May 6

Mar.

8,

16,

4,

2,

1880

1880

1884

1889

21:166

21:287

last paragraph of..23:96_section 1 only

24:22

1,3,4, 25:8546,7

172

263

190

206

214,681,

234,700

252

Aug. 30, 1890 26:391 212The following words of section 1 only: "No person whoshall after the passage of this act, enter upon any ofthe public lands with a view to occupation, entry orsettlement under any of the land laws shall be per-mitted to acquire title to more than three hundredand twenty acres in the aggregate, under all of saidlaws, but this limitation shall not operate to cur-tail the right of any person who has heretofore madeentry or settlement on the public lands, or whoseoccupation, entry or settlement is validated by thisact."

Sept. 30, 1890 26 :684 261

Mar. 3, 1893 27:593 275, 1076The following words only: "And provided further, Thatwhere soldier's additional homestead entries have beenmade or initiated upon certificate of the Commissionerof the General Land Office of the right to make suchentry, and there is no adverse claimant, and suchcertificate is found erroneous or invalid for anycause, the purdhaser thereunder, on making proof ofsuch purchase, may perfect his title by payment ofthe Government price for the land; but no person shallbe permitted to acquire more than one 'hundred and sixtyacres of public land through the location of any suchcertificate."

* * * *

"Provided, That the President is hereby authorized byproclamation' to withhold from sale and grant for publicuse to the municipal corporation in which the same is,situated all or any portion of any abandoned military

13111

reservatxan not

Aug, 18, 11411Last pamoglAlphLands" oLy

Mar. 2, 1895

June 16, 129a

eceeding twenty acres ±n one place."

28:397 276of section headed "Surveying the Public

28::744 176

30:473 240ch. 458

May 17, ison 1 31:179

June 5, 1900 2,3 31:269

Jan. 26, 1901 31:740

May 22, 1902 2 32:203ch. 821

June 13, 1902 32:384dh. 1080

April 28, 1904 33:527ch. 1776

April 28, 1904 33:547

Feb. 19, 1909 35:639

June 17, 1910 36:531dh. 298

Mar. 4, 1913Last paragraph of sectionvice" only.

179

188, 217

180

187b

203

213

224

218

219

37:925 2561 headed "Public Land Ser-

April 6, 1914 38:312 167

Aug. 22, 1914 38:704 231ch. 270

'Sept. 5, 1914 38:712 182

Oct. L7,. 34 387.4T 168

'132

Oct. 22, 1914 38:76E 170ch. 335

Mar. 4, 1915 1 38:1162 220

July 3, 1916 39:341 232ch. 214

Aug.

Dec.

Feb.

Dec.

Feb.

21,

29,

20,

20,

25,

1916

1916

1917

1917

1919

(section 1-9,11)

July 24, 1919Next to last paragraph only.

Sept. 29, 1919

Feb. 14, 1920

Mar. 1, 1921

Mar. 1, 1921

April 6, 1922

Mar. 4, 1923

June

39:518 207, 1075dh. 361

39:862 291-299301

39:925. 215

40:430 236dh. 6

40:1161 272ach. 37

41:271 237

41:288 233ch. 64

41:434 186

41:1193 167

41:1202 238, 331ch. 102

41:1433 216ch. 162

42:491 273ch. 122

42:1445 222, 302ch. 245

43:357ch. 240

133

Feb. 25, 1925 43:981 187ch. 326

June 8, 1926 44:709 177ch. 501

April 7, 1930 46:144 243ch. 108

Feb. 23, 1932 47:53 .178

ch. 52

Mar. 2, 1932 47:59 237a

May 13, 1932 47:153 256ach. 178

Mar. 1, 1933 47:1418 190ach. 160

The following words of section 1 only "Provided, Thatno further allotments of lands to Indians on the publicdomain shall be made in San Juan County, Utah, norshall further Indian homestead be made in said countyunder the Act of July 4, 1884 (23 Stat. 96: U.S.C.,title 43, sec. 190)."

Mar. 3,

May 21,

June 21,

May 22, 1935

Aug. 19, 1935

Aug. 27, 1935

1933 47:1424 243a

1934 48:787 237bch. 320

1934 48:a185 187aCh.. 690

49:286 237c

49:659 237dch. 560

49:909ch. 770

256b

49:1235 237ech. 239

Aug...28, 1937

Sept. 27, 1944

50:575

58:747ch. 421

June 22, 1948 62:576

July 30, 1956 70:715,716ch. 778

2) Exchange of Land:

June 28, 1934 8 48:1272

August 24, 1937 50:748

3) Desert Land Entries:

Mar. 28, 1908 35:52ch. 112

Apr. 30, 1912 37:106ch. 101

Mar. 4, 1915 5 38:1161ch. 147

-Feb. 27, 1917 39:946ch. 134

Aug. 7, 1917 40:250

Feb. 25, 1925 43:982ch. 329

Mar. 4, 1929 45:1548ch. 687

4) Sale and Disposal Laws:

Revised Statutes2354, 2355, 23572361-2363, 23652366, 2368-2372,2374-2376

1'33

1181c

279-284

209, 210

237 f, g,

336a-d

315g

315p

324, 326,333

334

335, 337,338

330

332

336

339

673, 674,676, 678,668-699

June 15,

Mar. 3,

1880 34

1891 9,

21:238

16 26:1099,1101

679, 680

671, 728

May 18, 1898 30:418 675dh. 344

Mar. 1, 1907 34:1052 682ch. 2286

June 1, 1938 52:609 682a-ech. 317

5122wp Site Reservation and Sale:

Revised Statutes2380-23842386-23892391-2394

711-715717-721722-724

Mar. 3, 1877 1, 3, 4 19:392 72.5 -727

ch. 113

Feb. , 1903 32:820 731ch. 531

July 9, 1914 38:454 730

6) Drainage Under State Laws:

May 20, 1908 35:169 1021-1027ch. 181

Mar. 3, 1919 40:1321 1028ch. 113

Jan. 17, 1920 41:392 1041-1048ch. 47

May 1, 1958 72:99 1029 -1034

7) Abandoned Military Reservations:

July: 5, 1884 23:104ch. 214

Aug. 23, 1894

Feb. 15, 1895

Feb. 11, 1903

28:491 1077, 1078,ch. 314 1081

28:664 1080

32:822 1079ch. 543

8) Public Lands in Oklahoma:

May 2, 1890 26:89-93 1091-1097Last paragraph of section 18 and sections 20-24, 27 only.

26:109 1111-1117

26:1026 1098, 1099

28:11 1118

29:116 1119

29:490 1131-1134

May 14, 1890

Mar. 3, 1891 16, 37

Sept. 1, 1893

May 11, 1896

Jan. 18, 1897 1, 2,

3, 7

Aug. 7, 1946

Aug. 3, 1955

9) Patents for Private Claims:

Revised Statutes2447-2448

June 6, 1874 1, 2

60:872 1100-1101ch. 772

69:445 1102,ch. 498 1102a-g

18:62ch. 223

1151, 1152

1153, 1154

Jan. 28, 1879 20:274 1155

May 30, 1894 28:84 1156ch. 87

10) Sales of Isolated Tracts:

1171

Feb. 4, 1919 40:1055

May 10, 1920 41:595ch. 178

Aug. 11, 1921 42:159ch. 62

May 19, 1926 44:566ch. 337

Apr. 24, 1928 45:457ch. 428

May 23, 1930 46:377ch. 313

Feb. 14, 1931 46:1105ch. 170

11) Evidence of Title:

1172

1173

1175

1176

1171a

1171b

1177

Revised Statutes2471-2473 1191-1193

12) Lands in Alaska:

Mar. 3, 1891 11 26:1099 732-738

Mar. 12, 1914 38:305Fourth paragraph of section 1 only.

May 25, 1926 44:629

Feb. 26, 1948 62:35ch. 72

Aug. 30, 1949 63:679ch. 521

July 2 4,~ 1947 61:414ch. 305

May 14, 1898

732-738

30:413 270-270-17

13) Pittman Act Grants:

Sept. 22, 1922 42:1012 356

14) Indian Allotments: 25 U.S.C.

Feb. 8, 1887 24:389 334

Feb. 28, 1891 26:795 336

(b) Section 7 of the Act of June 28, 1934, asamended (43 U.S.C. 315 f) is revised to read as follows:

"The Secretary of the Interior is authorized,in his discretion, to examine and classify anylands withdrawn or reserved by Executive Order ofNovember 26, 1934 (numbered 6910), and amendmentstheretO, and Executive Order of February 5, 1935(numbered 6964), or within a grazing district,which are more valuable or suitable for the pro-duction of agricultural crops than for the pro-duction of native grasses and forage plants, ormore valuable or suitable for any other use thanfor the use provided for under this Act, or properfor acquisition in satisfaction of any outstandinglieu, exchange or land grant, and to open suchlands to disposal in accordance with such classifi-cation under applicable public-land laws. Suchlands shall not be subject to disposition untilafter the same have been classified and opened todisposal."

(c) The Act of March 3, 1877, as amended (19 Stat.377, 43 U.S.C. 321, 322, 323, 325, 327-329) is furtheramended to read as follows:

"All surplus water over and above wateractually appropriated and used by persons onentries made under this Act, together with thewater of all lakes, rivers and other sources ofwater supply upon the public lands and not navi-gable, shall remain and be held free for theappropriation and use of the public for irrigation,mining, and manufacturing purposes subject toexisting rights."

(d) This Act shall not beconstrupd as repealing

any law not listed in this section.I39 / /W

n.

Predator Control

1 4IA4/2.

UNITED STATESDEPARTMENT OF THE INTERIOR

OFFICE OF THE SECRETARYWASH INGTON, s. C. 20240

February 8, 1972

Dear Mr. [President/Speaker] :

There is enclosed a draft bill "To authorize theSecretary of the Interior to assist the States in con-trolling damage caused by predatory animals; toestablish a program of research concerning the controland conservation of predatory animals; to restrict theuse of toxic chemicals as a method of predator control,and for other purposes."

We recommend that this bill, apart of the environ-mental program announced today by President Nixon, bereferred to the appropriate committee for considera-tion and that it be enacted.

This Department believes strongly that enactmentof this legislation will provide much needed redirec-tion of programs for animal damage control consistentwith our concern both for environmental quality and thepreservation of wildlife. In brief, this draft billwould (1) authorize an expanded Federal program ofresearch concerning the control and conservation ofpredatory animals; (2) prohibit on Federal lands thefield use of chemical toxicants for the purpose ofkilling predatory animals and of chemical toxicantswhich cause secohdary poisoning effects for the purposeof killingmammals, birds or reptiles, except wheresuch use is essential in emergency situations to thepreservation of human health or safety, protection ofendangered wildlife species, or prevention of substan-tial damage to natural resources; (3) authorize Federalgrants-in-aid to States for implementation of predatorcontrol programs; and (4) repeal in, its entirety theAct of March 2, 1931 (7 U.S.C. 426-426(b)), pertainingto the eradication and control of predatory animals.

Predatory animal control has been a vexing problemsince the advent of recorded history. Early settlerssought to cope with animal depredation through theprovision of bounties for predatory species. Thoughthe precedent for such legislation was established asearly as 1630 in Massachusetts, most bounty laws havebeen repealed. Federal involvement in predatoryanimal control dates to 1885, and an operationalprogram has been conducted by the Federal Governmentsince1915. Existing Federal programs are carriedout pursuant to the Act of March 2, 1931 (7 U.S.C. 426-426(b)), which directs that we "conduct campaigns forthe destruction or control of (predatory) animals."The Bureau of Sport Fisheries and Wildlife has thusprovided predatory animal control services on publicand private lands in many western States. Theseservices are funded jointly,by the Federal Governmentand interested agencies, public and private, at theState and local levels.

Through the years attitudes toward predatoryanimal control have changed. We as a people and aNation are now coming to recognize the ecologicalsignificance of all living creatures, including thoseknown as "predators". It is generally acknowledgedthat while t' .:e remain some situations in which wildanimals must be controlled or killed to assure humanhealth and safety and to prevent substantial propertydamage, these situations no longer warrant a Federalprogram of the size, and scope as that contemplated in1931. It is our conclusion that current predatory,animal control programs are inconsistent with thechanging scale of social values.

Of particular concern has been the use of non-selective poisons to kill predatory animals. Experi-ence has shown that significant numbers of beneficialanimals are vulnerable to the poisons used to controlpredatory animals. Public opposition to the use of,such poisons and to predatory animal control programsin, general has prompted two important studies byadvisory committees composed of eminent wildlifescientists. The first advisory committee, reportingto the Secretary of the Interior in 1964, concluded

that far more animals were being, killed than requiredfor effective protection of livestock, agriculturalcrop-S, wildlife resources, and human health. Itrecommended a complete reassessment of Federal goals,policies and field operations and that predatoryanimals be killed only when absolutely essential tothe protection of human health or property.

The second advisory committee, reporting recentlyto the Secretary of the Interior and the Chairman ofthe Council on Environmental Quality, has recommendeda prohibition against the use of poisons in predatoryanimal destruction, expanded research to determine theeconomics and ecology of predator losses, and theestablishment of cooperative trapper extension programsto focus on individual offending predators.

Based on the reports of the advisory committeesappointed to study the animal damage control prdblem,the expressions of the public with regard to predatoryanimal control, and our own analysis of the validityand need for animal damage control, it is the positionof this Department that such animal damage control asmay prove warranted can be accomplished effectivelythrough State efforts. Since most animal damagecontrol is directed toward resident animals, itfollows that the States should be directly involved inanimal damage control programs. Our proposed legisla-tion would seek to encourage the States' assumption ofthis responsibility by authorizing the conduct anddissemination of relevant studies, and the demonstra-tion of predator control methods developed as theresult of such research. We have also provided fora three-year program of grants-in-aid to Stateswhose predator control programs meet standards tobe established by the Secretary. Grants for implemen-tation of an approved State program would be made inamounts not to exceed 75 percent of costs or$300,000, whichever is less, in the first year, 50percent of costs or $200,000 in the second year, and25 percent of,costs or $100,000 in the third fiscalyear following enactment. No Federal assistance wouldbe available to .a State whose program entails the useof chemical toxicants, or whose share of program costs

is to be paid from non-appropriated funds. Repeal ofthe Act of March 2, 1931, would result in cessation ofdirect Federal participation.

In recognition of growing concern over the use ofnon-selective poisons fot animal damage control, and ofthe recommendations that such uses be sharply curtailed,section 5 of the draft bill would prohibit the use onall Federal lands of chemical toxicants for the putposeof destroying predatory animals, except when such useis found, in emergency situations, to be essential tothe preservation of human health or safety, to theprotection of wildlife species which are threatenedwith extinction, or the prevention of substantialdamage to nationally significant natural resources.Violation of this prohibition would be punishable bya fine of not more than $10,000, or imptisonment fornot more than one year, or both.

By the enactment and implementation of this legis-lation, the Congress and the Federal Government willdemonstrate a keen awareness of the change in scientificand public opinion which compels a redirection ofpredator control activity. There is enclosed anenvironmental. impact statement prepared pursuant tosection 102(2)(C) of the National Environmental PolicyAct of 1969.

The:OfficeofManagement and Budget has''advisedthat this legislative prOpOsal is in accord with theprogram of the President.

Sincerely yours,

/s/ Rogers C. B. MortonSecretary of the Interior

Honorable Spiro T. "AgnewPresident of the SenateWashington, D. C. 20510

Honorable Carl B. AlbertSpeaker of the House of RepresentativesWashington, D. C. 20515

Enclosures

A BILL

To authorize the SecretarY of the Interior toassist the States in controlling damage caused bypredatory animals; to establish a program of researchconcerning the control and conservation of predatoryanimals; to restrict the use of toxic chemicals as amethod of predator control; and for other purposes.

Be it enactedhythe Senate and House of Repre-sentatives of the United States of America in Congressassembled, That this Act may be cited as the "FederalAnimal Damage Control Act of 1972".

SECTION 2. For the purpose of this Act --(a) the term "person" means any individual,

organization or association, including any department,agency or instrumentality of the Federal government,a State government or a political subdivision thereof;

(b) the term "State" means the several States ofthe Union, Puerto Rico, Guam, the Virgin Islands,American Samoa, the Trust Territory of the PacificIslAnds, and the District of Columbia, but shall notinclude any political subdivision of the foregoingentities;

(c) the term "chemical toxicant" means anychemical substance which, when ingested, inhaled, orabsorbed, or when applied to, or injected into thebody, in relatively small amounts, by its chemicalaction may cause significant bodily m*Trfunction,injury, illness or death to animals orman;

(d) the term "predatory animal"means any mammal,bird or reptile which habitually preys upon otheranimals; and

(e) the term "secondary-poisoning:effect" meansthe result,attributable to a chemical toxicant which,after being ingested, inhaled, or absmAied by or into,or when applied to or injected into a mammal, bird, orreptile,, is retained in its tissue, or otherwiseretained in such a manner and quantity that the tissueitself or retaining. part if thereafter ingested by manor another mammal, bird or reptile, produces theeffects set forth in subsection (c) hereof.

(f) the term "field use" meansaany use of landsnot in or immediately adjacent to occupied buildings.

SECTION 3.(a) In order to assist the States in controlling

459-564 0 - 72 - 10

caused by redatory ,animals, birds and fieldrnzleiraa, and in order to encourage the use by Statesof .linazza for contr[ol methods which _are consistent withaccapced principles of wildlife management and themaintenance of environmental quality, the Secretary ofthe anterior (hereinafter referred to as the"Secretary") is authorized to conduct directly or byagreement with qualified agencies or institutions,public and private, a program of research which shallconcern the control and conservation of predatoryand depredating animals and the abatement of damagecaused by such animals.

(b) The program of research authorized by sub-section (a) hereof shall include, but need not belimited to (1) the testing of methods used for thecontrol of predator and depredating animals and theabatement of damage caused by such animals; (2) thedevelopment of effective methods for predator controland the abatement of damage caused by predatoryanimals which contribute to the maintenance of environ-mental quality and which conserve, to the greatestdegree possible, the Nation's wildlife resources,including predatory animals; (3) a continuinginventory of the Nation's predatory animals, ancl theidentific;Ition of those species which are or maybecome threatened with extinction; and (4) thedevelopment of men.q by which to disseminate to Statesthe filmilings of stadies conducted pursuant to thissectirem-

4,(tel) The Secretary is authorizeft to conitact suchdemo 0-1,=== 'eons of -methods developed pursuant to sub-sectiorr (b) and to provide such other extensionservers ,as may bei reasonably _requested by t]-dulyauthrrorei7eil wildli fm. agency of any State.

SON 4.(fa)t- _In furtaitzsi= ce of the purposes of this Act,

the Secretary is-- authorized to provide in the threefiscal Nears following enactment financial assistance.to arm M.---ate which may annually propose to administera program for the control of predatory animals. Toqualify for assistance under this section, any suchState program must be found by the Secretary to meetsuch standards as he may, by regulation, establish;Provided, however, That the Secretary shall not

approve any such State program which entails the fielduse of chemical toxicants for the purpose of killingpredatory animals or the field use of,-any chemicaltoxicant which causes any secondary poisoning effectfor the purposes of killing other mammals, birds, orreptiles; Provided, further, however, that he mayapprove a State program which entails such emergencyuse of chemical toxicants as he may authorize, in eachspecific case, for the protection of human health orsafety; the preservation of one or more wildlifespecies threatened with extinction or likely withinthe foreseeable future to become so threatened, or forthe prevention of substantial irretrievable damage tonationally significant natural resources.

(b) An annual payment under subsection (a) hereofmay be made to any State in such amount as theSecretary may determine; Provided, however, That nosuch annual payment shall exceed an amount equal to75 percent in the first year, 50 percent in thesecond year, or 25 percent in the third year, of thecost of the program approved under:subsection (a)hereof; and Provided, further, Thatino such annual 2-sy-ment to any State shall exceed $300,000 in the firstfiscal year following enactment, $200,000 in the secondfiscal year following enactment, or $100,000 in thethird figcal year following enactment. No paymentotherwise authorized by this section_,ghall be made toa State whose. share, in whole or part, of the cost ofthe program approved under subsection (a) hereof is tobe paid from funds not appropriated:by its legislature.

(c) There is hereby authorized to be appropriatedfor the purposes of this section $3,000,0_00 in fiscalyear 1973, $2,000,000 in _fiscal year 1974:, and$1,000,000 in fiscal year 1975.

SECTION 5.(a) No person shall (1) make=:fiP10 use of any

chemical toxicant on any Federal_lands : Eor the-purposeof killing predatory animals; or ,(2) make. field useon such landsany secondarykilling otherhowever, Thatto affect thefor Indians.

of any chemical toxicant which causespoisoning effect for the purpose ofmammals, birds, or reptiles; Provided,nothing in this section shall be deemedadministration of lands held in trust

(b) Notwithstanding sUbsectIron (a) hereof, thehead of aXederal department, agemcy, or establishmentmay authorize on lands subject tallis administrativejurisdiction the emergency field use of a chemicaltoxicant far the purpose of killing predatory animalsor of a chemical toxicant which causes a secondarypoisoning effect for the purpoSe of killing othermammals, birds or reptiles, but only if in Eachspecific case he makes.a. written '1±nding, f011owingconsultation with the Secretaries of the "Ihterior,AgricUlture4, and Health, Educationw and Welfare, andthe Administrator of. the Environmental protectionAgency, that an emergency exists that cannot be dealtwith by means which do not involveuse of chemicaltoxicants, and that such use is essential:

(1) to the ...pioteotion.70fhUmEn health or: ,_safety;(2) to the preservation of one or more wildlife

speCies thrEatened with extinct-Ion:or likely withinthe foreseeable future to become :so threatened; or

(3) to the prevention of substantial irretriev-able damageHto:nationally signiiFicant natural resources.

(c) Any perSOmcOnvicted of,:anY violation of thissection, or of anyregUlation pratdlgated under thisAct, ,shalI:lpe fined not more than 41.0;0,00or ,imprisonedfor not more than one year, or both.

SECTION 6.Headsof Federal departments, 7agenciesor

establishments Hare hereby-7authorized to issue suchreguiatiOns,Tas maybe ,necessary-ta,:carry out thepurpoSes:.O.E'this'Act:.

SECTION: 7.There is hereby repealed entirety the Adt

of March 1931 TVU.S-.:C. 426-42E(b))., pertaining tothe eradicatiOn andcontrcii of ,predatory and,Other wild.animals.

SECTION 8.Nothing: in. Act ::shall be construed as super

seding, or :limiting the authorities, and reSponsibilitiesof, theAdministratOrofthe EnvironmentalProtectionAgency:under:the Federal Insecticide, Fungicide, andRodenticide Act, as amended.

SECTION 9EXceitit as otherwiSe provided in.:section 4 hereof,

there is hereby. authorized to be appropriated such sumsas maybenecessaky to carry out the purposes of thisAct.

150

SECTION-BY-SECTION ANALYSIS

Section 1Short title.Section 2Definitions. "Predatory animal" means any mammal,bird, or reptile which:habitually preys upon otheranimals.Section 3Authorizes Secretary of the Interior to conduct a pro-gram of research concerning control and conservation of_predatory animals, .including testing and development ofnew methods, inventory -of animals, and demonstrationsto States. Secretary al,so authorized to provide relat-=ed extension services'aasnrequested:by State wildlife:agency.-Section 4Establishes three -year program (FY _1973-1975). of grants-_in-aid to States for their adininistration of approvedpredator control activity. Declining Federal share(75, 50, 25) and payment to single ,State ($300,000;$200,000; $100,000) , whichever is less, intended to:accomplish phase-out 6E_ direct Federal participation.No grants for a program which entails use of chemical--_toxicants, except as specified. State' s share of pro-gram costs must be from:. appropriated. funds. There is.uthorized to be appropriated -for purposes of this sec-

--ztion $3 million in FY 1973, $2 million in FY 1974, and:$1 million in FY 1975.Section 5Prohibits on all Federal lands fiel-d use of chemicaltoxicants for purpose af killing predatory animals andchemical toxicants with secondary poisoning effects forpurpose of killing other mammals, birds, or reptiles,except that head ofiFederal agency may authorize-suchuse in emergency situation, and after appropriate con-sultation, for (1) preservation of .human health orsafety, (2) preservation of endangered species, or (3)prevention of substantial, irretrievable damage tonationally significant natural resources. Providespenalty for violation of not more than $10,000, or im-prisonment for not more than one year, or both.Section 6Authorizes issuance of regulations to carry out pur--poses of Act.

Section 7Repeals Act of March 2, 1931, which directs conduct ofcampaigns for destruction and control of predatoryanimals.Section 8Provides that nothing in Act is intended-to supersedeauthority of Enviroanental ProteclZon Agency underTed-eral Insecticide Fungicide, and Rodeaticidh Act.Section 9Except as provided in_ section 4 for ipumposes of thatsection, authorizes- appropriation of- :suck sums as maybe necessary to carry out purposes of tb,Act.

EXECUTIVE ORDER 11643ENVIRONMENTAL SAFEGUARDS ON ACTIVITIES FORANIMAL DAMAGE CONTROL ON FEDERAL LANDS

February 13, 1972

By vimtue of the authority vested in me as P7/9a-dent of the,1United States and in furtherance of thepurposes and:policies of the National EnvironmentalPolicy Act oT 1969 (42 U.S.C. 4321 et seq.) and_ifffle

Endangered Species Conservation Act of 1969 (1,637(E.C'...668aa), it is ordered as follows:

SECTION; 1. Policy. It is the policy oEttli,eral Government to (1) restrict the use on Felands of chemical toxicants for the purpose ofElkI1MItingpredatory mammals or birds; (2) restrict the ;ussuch lands of chemical toxicants which cause :ansecondary poisoning effects for the purpose ofTkEILLagother mammals, birds, or reptiles; and (3) res..100;f 'the

use of both such types of toxicants in any FedeD,ElprIm-grams of mammal or bird damage control that may amauthorized by law. All such mammal or bird damr.tr----trol programs shall be conducted in a manner whitar,contributes to the maintenance of environmental -famaIlA3and to the conservation and protection, to the g-degree possible, of the Nation's wildlife resouremkst,including predatory animals.

SEC. 2. Definitions. As used in this order-.-eterm:

(a) "Federal lands" means all real property calm'mkEby or leased to the Federal Government, excluding (.11lands administered by the Secretary of the Intericm:pursuant to h±s trust responsibilities for Indianaffairs, and (2) real property located in metropoli=tan.areas.

(b) "Agencies" means the departments, agencies,and establishments of the executive branch of the Pea-eral Government.

(c) "chemical toxicant" means any chemical.asm1*--stance Which,-Wlen ingested, inhaled,, or absorbed,when applied to or injected into the body, in relat±vely small amounts, by its chemical action may ,cause

y_significant bodilmalfunction, injury, illness, ordeath, to animals or man.

(d) "Predatory mammal or bird" means any mammaaor bird which habitually preys upon other animals 017

1

birds.(e) "Secondary poisoning effect" means the result

attributable to a chemical toxicant which, after beingingested, inhaled, or absorbed, or when applied to orinjected into, a mammal, bird, or reptile,, is 'retainedin its tissue, or otherwise retained in such a mannerand quantity that the tissue itself or retaining partif thereafter injested by man, mammal, bird, or rep-tile, produces the effects set forth in paragraph (c)of this section.

(f) "Field use" means use on lands not in, orimmediately adjacent to, occupied buildings.

SEC. 3. Restrictions on Use, of Chemical Toxicants.(a) Heads of agencies shall take such action as is

necessary to prevent on any Federal lands under theirjurisdiction, or in any Federal program of mammal orbird damage control under their jurisdiction:

(1) the field use of any chemical toxicant forthe purpose of killing a predatory mammal or bird; or

(2) the field use of any chemical toxicant whichcauses any secondary poisoning effect for the purposeof mammals, birds, or reptiles.

(b) , Notwithstanding the provisions of subsection(a) of this section, the head of any agency may author-ize the emergency use on Federal lands under his juris-diction of a chemical toxicant for the purpose of kill-ing predatory mammals or birds, or of a chemicaltoxicant which causes a secondary poisoning effect forthe purpose of killing other mammals, birds, or rep-tiles, but only if in each specific case he makes awritten finding, following consultation with the Secre-taries of the Interior, Agriculture, and Health, Educa-tion, and Welfare, and the Administrator of theEnvironmental Protection Agency, that any emergencyexists that cannot be dealt with by means which do notinvolve use of chemical toxicants, and that such useis essential:

(1) to the protection of the health or safety ofhuman life;

(2) to the preservation of one or more wildlifespecies threatened with extinction, or likely withinthe foreseeable future to become so threatened; or

(3) to the prevention of substantial irretrieva-ble damage to nationally significant natural resources.

SEC. 4. Rules for. Implementation of Order. Heads

of agencies shall issue such rules or regulations asmay be necessary and appropriate to carry out the pro-Visions and policy of this order.

The White HouseFebruary 8, 1972

RICHARD NIXON

155

Endangered Species

UNITED STATESDEPARTMENT OF THE INTERIOR

OFFICE OF THE SECRETARYWASHINGTON, D.C. 20240

February 8, 1972

Dear Mr. [President/Speaker]:

There is enclosed a draft bill "To provide for theconservation, protection, and proPagation of speciesor subspecies of fish and wildlife that are threatenedwith extinction or likely within the foreseeable futureto become threatened with extinction; and for otherpurposes".

We recommend that this bill, a part of the environmentalprogram announced today by Rresident Nixon, be referredto the appropriate committee for consideration, andthat it be enacted.

This draft bill, to be cited as the "Endangered SpeciesConservation Act of 1972", follows closely the prece-dent established b Congress in 1966 and 1969, when itenacted the first legislation to provide protectionfor those speciesof fish and wildlife determined tobe threatened with extinction in the United .States andabroad. Our draft bill retains those provisions of theActs of October 15, 1966 (80 Stat. 926) and December 5,1969 (83 Stat. 275) which laid the foundation for thisDepartment's effort to conserve endangered species, andadds to them the authorities which, as demonstrated byexperience, are needed to cope with a continuingdecimation of our wildlife resources. It providesauthority for a new program to be administered jointlyby this Department and the Department of Commerce,pursuant to the allocation of responsibilities estab-lished by Reorganization Plan No 4 of 1970.

Pursuant to the earlier laws, which have been codifiedas the Endangered Species Conservation Act of 1969(16 U.S.C. 668aa-668cc; 668cc-1 through 668cc-5), andrelated Acts, the Secretary has authority to promulgateseparate listscf native, species threatened with

extinction and of foreign species threatened with world-wide extinction; to regulate the interstate transporta-tiontion f native species taken contrary to State laws;and to restrict the importation of foreign specieswhich he determines to be threatened with worldwideextinction. In addition, the Secretary has exercisedauthority to acquire endangered species habitat withinfunding limits established by Congress. The Bureau ofSport Fisheries and Wildlife has made significantprogress under existing authorities, and it can besaid with assurance that enactment of endangered specieslegislation was a milestone in the Nation's attempt topreserve its natural environment. There exists noprecise measure of our success, due primarily to alack of technical information. Nearly 400 species arecurrently listed as endangered-, either in the UnitedStates or worldwide, and there are examples of specieswhich, though once threatened with extinction, are nowthought_to_have_been rescued from ultimate destruction.The threat remains, however, and can be expected togrow in intensity as habitat is converted to human useand the environment despoiled. The Council onEnvironmental Quality warned in its Second AnnualReport (August 1971) that "(f)rom the availableevidence, it would appear that populations of many -but by no means all - species of nongame wildlife arededliningJto some degree".

An important provision of our draft bill addresses theneed to identify those species and subspecies which,though not yet threatened with extinction within themeaning of the 1966 legislation, are likely within theforeseeable future to.become so threatened. It issfarmore sound we believe, to take the steps necessary tokeep a species or subspecies from becoming endangeredthan to attempt to save it after having reached thatcritical point. We propose in section 2(c)(1) of thedraft bill to define "endangered" as meaning any speciesor subspecies which is either threatened with extinc-tion throughout all or a significant portion of itsrange, or likely, within the foreseeable future to becomethreatened with extinction, due to any of the-factorsenumerated. Subsection 2(c)(2) would require theappropriate Secretary to designate, in the case of

each species or subspecies listed, whether such speciesor subspecies is either threatened with extinction orlikely within the foreseeable future to become sothreatened. He would indicate, as well, over whatportion of the .range of such species either conditionexists. We have abandoned as unnecessarily cumbersomethe current distinction between "native",:and "foreign"species.

To assure protection of all endangered species commen-surFAte with the threat to their continued existence, wepropose to prohibit the unauthorized import or export,taking, and interstate transportation by any personsubject to the jurisdiction of the United States orany species or subspecies determined to be threatenedwith extinction. These provisions of section 5(a) areintended to provide a degree of regulation consonantwith the Congress' recognition of a national interestin the preservation of endangered species and with ourresponsibility to the international community for thepreservation of species which are threatened world-wide. The United States is now preparing toparticipate in an international ministerial meetingcalled for the purpoSe of seeking an internationalconvention on the conservation of endangered species.

By providing the Secretary with discretionary authorityto regulate the import, export, taking and interstatetransportation of species or sUbspecies likely withinthe foreseeable future to become threatened withextinction (section 5(b)), and by authorizing thedelegation to States of authority to regulate the takingof an endangered species in cases where there exists"an active program to manage and protect such endangeredspecies", our bill would allow the adoption of m asuresmost appropriate to the protection of a particu_arspecies or subspecies within all or a portion of itsrange-

In addition to strengthened protection for all animalsthat are truly endangered, we have proposed thedeletion of current ceilings on the acquisition ofhabitat for endangered species. We have expendednearly all of the $15 million authorized for this

purpose. Increasing land prices have made unrealisticthe current annual limit of $5 million, and the limit($2.5 million) on funds available for the acquisitionof a single area. Based on our experience withadministration of the 1966 and 1969 Acts, we alsopropose certain refinements of procedural and enforce-ment provisions. These include provisions thatpetitions for review of additions to or deletionsfrom the list of endangered species must be accompaniedby "substantial evidence", to allow importation atother than designated ports of entry "in the interestof the health or safety of the fish or wildlife", toclarify authority pertaining to warrantless searchesand the forfeiture of seized property, and tc) authorizethe suspensicl of hunting and fishing licenses inaddition to other penalties for violations of the Act.

We urge the Congress to take this further step forwardfor the protection of our diminishing wildlife resources. "(T)he status of the Nation's wildlife is ofsigni .Lcance not only for its esthetic, scientific,recreation, or resource values", the Council on.Environmental Quality has said, "but also for the roleit plays in maintaining environmental quality and forwhat it indicates about that quality". Enactment ofthe "Endangered Species Conservation Act of 1972" willcontribute not only to the health of endangered wild-life species, but to the well-being of us all.

There is attached an environmental impact statement, asrequired by section 102(2)(C) of the National Environ-mental Policy Act. The Office of Management and Budgethas advised that this legislative proposal is in accordwith the program of the President.

Hon. Spiro T. AgnewPresident of the SenateWashington, D.C. 20510

Enclosures

Sincerely yours,

/s/ Rogers C. B. MortonSecretary of the Interior

162

Hon. Carl B. AlbertSpeaker of the House ofRepresentatives

Washington, D.C. 20515

A BILL

To provide for the conservation, protection, and propa-gation of species or subspecies of fish and wildlifethat are threatened with extinction or likely with-in the foreSeeable future to become threatened withextinction; and for other purposes.Be it enacted by the Senate and House of Represen-

tatives of the United States of America in Congressassembled, That this Act may be cited as the "EndangeredSpecies Conservation Act of 1972".

SEC. 2. (a) The Congress finds and declares thatone of the unfortunate consequences of growth and devel-opment in the United States and elsewhere has been theextermination of some species or subspecies of fishand wildlife; that serious losses in other species ofwild animals with educational, historical, recreational,and scientific value have occurred and are occurring;that the United States has pledged itself, pursuant tomigratory bird treaties with Canada and Mexico and theConvention of the Nature Protection and Wildlife Preser-vation in the Western Hemisphere, the InternationalConvention for the Northwest Atlantic Fisheries, theInternational Convention for the High Seas Fisheriesof the North Pacific Ocean, and other internationalagreements, to conserve and protect, where practicable,the various species of fish and wildlife, including'game and nongame migratory birds, that are threatenedwith extinction; and that the conservation, protection,restoration, and propagation of such species will inureto the benefit of all citizens. The purposes of thisAct are to provide a program for the conservation,protection, restoration, and propagation of selectedspecies and subspecies of fish and wildlife, includingmigratory birds, that are threatened with extinction,or are likcay within the foreseeable future to becomethreatened with extinction.

(b) It is further declared to be the policy ofCongress that all Federal departments and agencies shallseek, to protect species or subspecies of fish and wild-life, including migratory birds, that are threatenedwith extinction or are likely within the foreseeablefuture to become threatened with extinction, and, inso-far as is practicable and consistent with the primary

163

purposes of such bureaus, agencies, and services, shallutilize their authorities in furtherance of the purposeof this Act.

(c)(1) A species or subspecies of fish and wildlifeshall be regarded as an endangered species whenever, inhis discretion, the Secretary determines, based on thebest scientific and corioercial data available to him andafter consultation, as aplropriate, with the affectedStates, and, in cooperation with the Secretary of State,the country or countries in which such fish and wildlifeare normally found or whose citizens harvest the sameon the high seas, and to the extent practicable, withinterested persons and organizations, and other inter-ested Federal agencies, that the continued existence ofsuch species or subspecies of fish or wildlife, in thejudgment of the Secretary, is either presentlythreatened with extinction or will likely within theforeseeable future become threatened with extinction,throughout all or'a significant portion of its range,due to any of the following factors: (i) the destruc-tion, drastic modification, or severe curtailment or thethreatened destruction, drastic modification, or severecurtailment of its habitat; or (ii) its overutilizationfor commercial, sporting, scientific, or educationalpurposes; or (Iii) the effect on it of disease or pre-dation; or 07) the inadequacy of existing regulatorymechanisms;'or (v) other natural or man-made factorsaffecting its continued existence.

(2) After making such determination, theSecretary shall publish in the. Federal Register andfrom time to time he may revise, by regulation, alist, by scientific and common name or names of suchendangered species, indicating as to each species solisted whether such species is threatened with,extinction or is likely within the foreSeeable futureto become threatened with extinction and, in eithercase, o'er what portion .of the range of such speciesthis condition exists. The endangered species listswhich are q7 #fective as Of the, date of enactment shallbe republished to conform to the provisions of thisAct; Provided, however, that until such republicationnothing herein shall be deemed to invalidate suchendangered species lists. The provisions of section553 of Title 5, United States Code, shall apply to anyregulation issued under this subsection. The secretary

164

shall, upon the petition of an interested person undersubsection 553(e) of Title 5, United States Code, alsoconduct a review of any listed or unlisted species orsubspedies of fish or wildlife proposed to be removedfrom or added to the list, but only when he finds andpublishes his finding that, to his satisfaction, suchperson has presented substantial evidence to warrantsuch a review.

(d) For the purposes of this Acts the term --(1) "fish and/or wildlife" means any wild

mammal, fish, wild bird, amphibian, reptile, mollusk,or crustacean, or any part, products, egg, or off-spring thereof, or the dead body or parts thereof;

(2) "United States" includes the severalStates, the District of Columbia, the'Commonwealth of.Puerto Rico, American Samoa, the Virgin Islands andGuam;

(3) "person" means any individual, firm,corporation, association, or partnership subject tothe jurisdiction. of the United States;

(4) "take" means to pursue, hunt, shoot,capture, collect, kill, or attempt to pursue, hunt,shoot, capture, collect or kill;

(5) "Secretary" means the Secretary of theInterior or the Secretary of Commerce as programresponsibilities are vested pursuant to the provisionsof Reorganization Plan No. 4 of 1970;

(6) "import" includes commerce with a foreigncountry, entry into a foreign trade zone,' and trans-shipment through any portion of the United States with-out Customs entry.

SEC. 3. (a) The Secretary shall, utilize the landacquisition and other authorities'of-the Migratory Bird_Corfservation'Act, as amended, the Fish and Wildlife Actof 1956,' as amended,.and the Fish and WildlifeCoordination Act,- as appropriate, to carry out a programin the UnitedStates, of conserving, proteki0g, restoring,and propagating .:those species and subspecie.f,,:of fish arewildlife that he liSts,as endangered species pursuantto section 2 of this Act.

(b) In addition to the land acquisition authorities.otherwise available to himthe Secretary is herebyauthorized toacquire-by' purchase, donation, or other-wise, lands or'interests therein needed to carry out

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the purpose of this Act relating to the conservation,protection, restoration, and propagation of thosespecies or subspecies of fish and wildlife that helists as endangered species pursuant to section 2 ofthis Act.

(c) Funds made available pursuant to the Land andWater Conservation Fund Act of 1965 may be used for thepurpose of acquiring lands, waters, or intereststhere-in pursuant to this section that are needed for thepurpose.of conserving, protecting, restoring, andpropagating those species or subspecies of fish andwildlife, including migratory birds, that he lists asendangered species pursuant to section 2 of this Act.

(d) The. Secretary shall review other programsadministered by him and, to the extent practicable.utilize such programs in furtherance pf the purposeof this Act. All bther Federal departments and agenciesshall, in consultation with and with the assistance ofthe Secretary, utilize, where practicable, theirauthorities in furtherance of the purpose of this Actby carrying out programs for the protection of en-dangered species and by taking such action as may benecessary to insure that actions authorized, funded,or carried out by them do not jeopardize the continuedexistence of endangered species.

SEC. 4. (a) In carrying out the program authorizedby this Act, the Secretary shall cooperate to themaximum extent practicable with the several States.Such cooperation shall include consultation before theacquisition of any land for:the purpose of conserving,protecting, restoring, or propagating any endangeredspecies.

CO The Secretary may- enter into agreements withthe-States-for the adMinistration and management of anyarea established for the conservation, protection,restoration, and propagation-of endangered species.Any revenues derived from the administrationcf suchareas under these agreetents shall be subject to theprovisions of section-401 of the Act of June 15, 1935(49, Stat. 183), as amended (16 U.S.C. 715s) .

SEC. 5.' (a) (I) Notwithstanding any other Act ofCongress or regulation issued pursuant thereto, andexcept as hereinafter provided, any personwho--,

(i) imports into or exports from the United

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States, receives, or causes to be so imported,received, or exported; cr

(ii) takes or causes to be taken withinthe United States, the territorial sea of theUnited States, or upon the high seas; or

(iii) ships, carries, or receives by anymeans in interstate commerce, any species orsubspecies of fish or wildlife which theSecretary has listed as an endangered speciesthreatened with extinction pursuant to section2 of thi.z Act, shall be punished in accordancewith the provisions of section 7 of this Act.(2) The prohibitions contained in this section

shall not apply to American Indians, Aleuts, orEskimos who take endangered species for their ownconsumption or ritual purposes in accordance with atreaty or pursuant to Executive Order or Federalstatute.

(3) In order to minimize undue economic hard-ship to any person importing, exporting, taking, ortransporting in interstate commerce any species orsubspecies of fish or wildlife which' is listed asan endangered species threatened with extinctionpursuant to section 2 of this,Act under any contractentered into prior to the date or original publicationof such listing in the Federal Register, the Secretary,upon such person filing an application with him andupon filing such information as the Secretary may re-quire showing, to his satisfaction, such hardship, maypermit such-person to import, export, take or trans-port such species or subspecies in such, quantities andfor such periods, not to exceed one year, as he deter-mines to be appropriate.

(b) Whenever the Secretary, pursuant to section 2of this Act, lists a species or subspecies as anendangered speoies which is likely within the fore-seeable future to become threatened with=: extinction, heshall issue such regulations as he deems necessary oradvisable to provide for the conservation, protection,restoration and propagation of such species or sub-species, including regulation's subjectir:g to punishmentin accordance with section 7 of this Act any personWho -

(1) imports into or expor-s from the United

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States, receives, or causes to be so imported,received, or exported; or

(2) takes or causes to be taken within theUnited States, the territorial sea of the UnitedStates, or upon the high seas; or

(3) ships, carries, or receives by any meansin interstate commerce, any such species cor sub-species of fish or ',wildlife likely within theforeseeable future to lecome threatened withextinction.SEC. 6. (a) The segzetary ;may' permit, under such

germs ttd Conditions as he may prescribe, the importa-tion, taking, or the transportation in interstatecommerce of any species or subspecies of fish and wild-life listed as an endangered species threatened withextinction for zoological, educational, and scientificpurposes, and for the propagation of such fish and wild-life in captivity for preservation purposes, but onlyif he finds that such importation, taking, or trans-portation in interstate commerce will not adverselyaffect the regenerative capacity of such species in asignificant portion of its range or otherwise affectthe survival of the wild population of such species.

(b) The Secretary may, by regulation, delegate toa State the authority to regulate the taking by anyperson of 'an endangered species when he determines,in his discretion, that such State maintains an activeprogram to manage and protect such endangered speciesin accordance_ with__ criteria issued by the Secretary.

(c)' Any action taken by the Secretary under thissection shall be subject to his periodic and continualreview at no greater than annual intervals. Suchreview shall include the consideration of commentreceived from intergeltbd Persons.

SEC. 7. (a) (1) Any person who violates any pro-vision of section 5 or 6 of this Act or .any regulationor permit issued thereunder, or any regulation issuedunder subsection (d) or (e), of this section, other thana person who commits a violation the penalty forwhich is prescribed by subsection (b) of this section,shall be assessed, a civil penalty by the Secretary ofnot more than $5,000 for each such violation. Nopenalty shall be assessed.unless such person is givennotice and opportunity for a hearing with respect to

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such violation. Each violation shall be a separateoffense. Any such civil penalty may be compromised bythe Secretary. Upon any failure to pay the penaltyassessed under this paragraph, the Secretary may re.-quest the Attorney General to institute a civil aLtionin a district court of the. United States for anydistrict ILIal;Which lwarTh person is found or resides ortransacts. 'business to collect the penalty, and suchcourt shall have jurisdiction to hear and decide anySuch action. In the case of Guam such actions may bebrought in the district court of Guam, in the case cotthe Virgin Islands such actions may be Lirougitt in the

district court of We Virgin IsUands, and kn the .cmE.of American Samoa such actavna may be brought in thSDistrict Court of the United States for the districtof Hawaii and such courts shall have jurisdiction ofsuch actions. In hearing such action, the court shallsustain the Secretary's action if supported by subp.tan-tial evidence.

(2) IlhentmeA any pt.opertv is seized pursuantto sIlbtliOttion (c) of this section, the Secretary shallmove to dispose of the civil penalty proceedingspursuant to paragraph (1) of this subsection asexpeditiously as possible. Upon the assessment of acivil penalty pursuant to paragraph (1) of this sub-section, any property so seized may be proceeded againstin any court of competent jurisdiction and forf.ftitsd.Fish or wildlife so forf0ited shalt rtm- civevtai tcv theSecretary forlaispoOltiarlby him in such a mannEffThs hedrtame ApPtaptIate. If, with respect to any such-lprop-erty so seized, no compromise forfeiture bas beEmL,achieved or-no action is commenced to Obtain it- i or-

feiture of such fish, wildlife, property, or _Liasaawith- .

in 30 days following the completion of proceedE#prsinvolving an assessment of a civil penalty, smacproperty shall be immediately returned to the ;awmer orthe consignee in accordance with regulations promulgatedby the Secretary.

(b) Any person who knowingly violates any provisionof section 5 or 6 of this Act, or any regulation orpermit issued thereunder, or any regulation issued undersubsection (d) or (e) of this section shall, uponconviction, he fined not more than $10,000 or imprisonedfor not more than one year, or.both, and any Federal

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hunting or fishing licenses, permits, or stamps may berevoked or withheld for a period of up to 5 years.Upon conviction, (1) any fish or wildlife seized shallbe forfeited to the Secretary for disposal by him insuch manner as he deems appropriate, and (2) any otherproperty seized pursuant to subsection (c) of thissection may, in the discretion of the court, comMissione4or magistrate, be forfeited to the United States or:otherwise disposed of. If no conviction results fromany such alleged -violation, such property so seizedin connection therewith shall be immediately returnedto the owner or consignee in accordance with regulationspromulgated by the Secretary, unless the Secretary,within 30 days following the final disposition of thecase involving such violation, commences proceedingsunder subsection (a) of this section.

(c).(1) The provisions of sections 5 and 6 of thisAct .and any regulations or permits issued pursUantthereto, or pursuant to subsection (d) or (e) of thissection, shall be enforced by the Secretary, theSecretary of the Treasury, or the Secretary of theDepartment in which the Coast. Guard is operating, orall such Secretaries. EaC Such Secretary may utilize,by agreement, with or without reimbursement, the person-nel, service.;, and facilities of any other Federalagency or any State agency.

(2) Any authoriZed agent of the Department ofthe Interior, the Department of Commerce, or theDepartment of the Treasury may, without a warrant,arrest any person who such agent has probable causeto believe is. knowingly violating, in his presence orview, section 5 or 6 of this Act, or any regulationor permit issued thereunder,'the'penalty for which isproNkided under subsection (b) of this section. Anagent who has made an arrest of a person in con-nection with any such willful. violation may searchsuch person at the time of his arrest and seize anyproperty taken, used, or possessed in connection withany such violation.

(3) Any authorized agent of the Department ofthe-Interior-or the Department of Commerce or officerof the Customs shallhave authority to search and seize,without a warrant, as provided by the Customs laws andby the law relating to search and seizure. Said

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officer or agent is authorized to execute warrants tosearch for and seize-any property, including,_for thepurposes of this section, any fish, wildlife, aircraft,boat, or other conveyance, weapon, business records,shipping documents, or other items which have beentaken, used, or possessed in connection with the vio-lation of any section, regulation, or permit withrespect to which a civil or criminal penalty may beassessed, pursuant to subsection (a) or (b) of thissection. The several judges of the courts established.under the laws of the United States and the severalStates, and United States magistrates, may, withintheir respective jurisdictions, upon proper oath andaffirmation showing probable cause, issue warrants andsubpoenas under the Federal Rules of Criminal Procedureto enforce subsections (a) and (b) of this section.Any property seized pursuant to this section shall beheld by any agent authorized by the Secretary or theSecretary of the Treasury, or by a United StatesMarshal, pending disposition of proceedings under sub-section (a) or (b) of this section; except that eitherSecretary may, in lieu of holding such property, either(1) permit a bond or other satisfactory surety to be,."posted, or (2) place the fish or wildlife in the custodyof such person as he shall designate. Upon theimposition of a civil or criminal penalty, or a for-feiture, the costs to the Government of transfer,board, and handling, including the cost of investiga-tions at a non-designated port of entry, shall be pay-able to the account of the Secretary. rThe owner orconsignee of.any property so-seized shall, as soon aspracticable following such seizure, be notified of thefact in accordance with regulations established by theSecretary.

(d) For the purposesof facilitating enforcement ofsections 5 and 6 of this Act and reducing the coststhereof, the Secretary, with the approval of the.Secretary of the Treasury, shall, after notice and anopportunity for a public hearing, from time to timedesignate, by regulation, any port or ports in theUnited States for the importation of fish and wildlife,other than shellfish and fishery products imported forcommercial purposes, into the United States. Theimportation of such fish or wildlife into any port in

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the United States, except those so designated, shallbe prohibited after the effective date:of such desig-nations; except that the Secretary, under such termsand conditions as he may prescribe, may permitimportation at non-designated ports in the interestof the health or safety of the fish or wildlife. Suchregulations may provide other exceptions to such pro-hibition if the Secretary, in his discretion, deems itappropriate and consistent with the purposes of thissubsection.

(e) The Secretary is authorized to promulgate suchregulations as may be appropriate to carry out thepurposes of this Act, and the Secretaries of theTreasury and the Department in which the Coast Guardis operating are authorized to promulgate such regula-tions as may be appropriate to the exercise ofresponsibilities under subsection 7(c) (1) of this Act.

SEC. 8. (a) In carrying out the provisions ofthis Act, the Secretary, through the Secretary of State,shall encourage foreign countries to provide protectionto species or subspecies of fish. and wildlife threatenedwith extinction, to take measures to prevent any fishor wildlife from becoming threatened with extinction,and shall cooperate with such countries in providingtechnical assistance in developing and carrying outprograms to provide such protection, and shall, throughthe Secretary of State, encourage bilateral and multi-lateral agreements with such countries for theprotection, conservation, and propagation of fish andwilclife. The Secretary shall also encourage persons,taking directly or indirectly fish or wildlife inforeign countries or on the high seas for importationinto the United States, for commercial or other pur-poses, to develop and carry out, with such assistanceas he may provide under any authority available to him,conservation practices designed to enhance such fishor wildlife and their habitat. The Secretary of State,in consultation with the Secretary, shall takeappropriate measures to encourage the development ofadequate measures, including, if appropriate, inter-national agreements, to prevent such fish or wildlifefrom becoming threatened with extinction.

(b) The Secretary of Agriculture and theSecretary shall provide for appropriate coordination of

F.

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the administration of this Act and amendments made bythis Act, with the administration of the animal quar-antine laws (19 U.S.C. 13067 21. U.S.C. 101-105, 111 -135b, and 612-614) and the Tariff Act of 1930, asamended (section 1306 of Title 19) . Nothing inthisAct or any amendment made by this Act, shall beconstrued as superseding or Limiting in any manner thefunctions of the Secretary of Agriculture under anyother law relating to prohibited or restrictedimportations of animals and other articles and noproceeding or determination under this'Act shall :pre-clude any proceeding or be considered determinative ofany issue of fact or law in any proceeding under anyAct administered by the .Secretary of Agriculture.

(c) Nothing in this Act, or any amendment made bythis Act, shall be construed as superseding or limitingin any manner.the functions and responsibilities of theSecretary of the Treasury under the Tariff Act of 1930,as amended, including, without limitation, section 1527of Title 19 relating.to the importation of wildlifetaken, killed, possessed or exported to the UnitedStates in violation of the laws or regulations of aforeign country.

SEC. 9. (a) Subsection 4(c) of the Act of October15, 1966 (80. Stat. 928), as amended (16 U.S.C.668dd(c)), is further amended by revising the secondsentence thereof to read as follows:

"With the exception of endangered species listedby the Secretary pursuant to section 2 of theEndangered Species Conservation Act of 1972,nothing in this Act shall be construed toauthorize the Secretary to control or regu-late hunting or fishing of resident'fish andwildlife on lands not within the system."(b) Subsection 10(a) of the Migratory Bird

Conservation Act (45 Stat. 1224), as amended (16 U.S.C.715 i(a)), is further amended by inserting "or likelywithin the foreseeable future to becoMe threatened with"between the.wOrdth" and "extinction".

(c) Subsection 401(a) of the Act of June 15, 1935(49. Stat. 383) as amended (16 U.S.C. 715 's(a)), isfurther amended by inserting "or likely.within theforeseeable future to become threatened:with" betweenthe worde "with"' and "extinction" in the last sentence

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thereof.(d)' Subsection 6 (a) (1) of the Land and. Water

Conservation Fund Act of 1965 (78 Stat. 903), asamended (16 U.S.C. 460 1 -9 (a) is further amendedby inserting "or likely within the foreseeable futureto become threatened with" between the words "with"and "extinction".

SEC. 10. (a) Sections 1 through 3 of the Act ofOctober 15, 1966 (80 Stat. 926, 927), as amended(16 U.S.C. 668aa-668cc), are hereby repealed in theirentirety..

(b) Sections 1 through 6 of the Act of December5, 1969 (83 Stat,, 275-279; 16 U.S.C. 668cc-1 through668cc-6) are hereby repealed in their. entirety.

...

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SECTION-BY-SECTION ANALYSIS

Section 1. Short title.Section 2. (a) Restates the declaration of purposeprovided in section 1 of the Act of October 15, 1966(80 Stat. 926; 16 U.S.C. 668aa), hereinafter the "1966Act," eliminating reference to "native" species, adding"or subspecies" following "species," adding "or arelikely to become threatened with extinction" following"threatened with extinction," and expanding referenceto existing treaties.

(b) Restates parallel declaration of policy insection 1 of the 1966 Act, strengthening mandate to allFederal agencies that they utilize their authoritiesin furtherance of purposes of.the Act.

(c) Defines "endangered species" as any species orsubspecies of fish or wildlife determined by the Secre-tary to,be threatened with extinction or likely withinthe foreseeable future to become threatened with ex-tinction throughout all or a significant portion ofits range due to the enumerated factors. This defi-nition supplan+:s those found in section 1 of the 1966Act and section 3 of the Act of December 5, 1969 (83

Stat. 275; 16 U.S.C. 668cc-3), hereinafter the "1969Act," making possible the publication of a single listof'species or subspecies so-defined as "endangered,'whether "native" or "foreign," and eliminating therequirement that a listed species be threatenedthroughout its range. This definition of "endangeredspecies" is intended to make clear that Federal pro-tection Shall be afforded to species which are not yetthreatened with extinction, but which are likely withinthe foreseeable future to become threatened with ex-tinction.The Secretary is required to publish, and from time to

time revise, a list of endangered species, indicatingwhether threatened with extinction or likely within theforeseeable future to become so threatened, to re-publish existing lists of endari-gered species in con-formance with this Act, and to conduct a review of pro-posed-additions or deletions upon petition by aninterested person and presentation of substantialevidence.

(d) Definitions are essentially those of 1966 and

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1969 Acts. "Person" is defined primarily for purposesof section 5, and is intended to bring within scope ofthe prohibitions contained therein all individuals andentities lawfully subject to jurisdiction of theUnited States. "Secretary" is defined LO near' theSecretary of the Interior or the Secretary of Commerce,as may be appropriate, in accordance with Reorganiza-tion, Plan No 4 of 1970.'Section 3. (a) and (b)' Restate, with conformingamendments;,, parallel subsections in section 2 of the1966 Act T16 U.S.C. 668bb) .

(c) Authorizes utilization of proceeds from Landand Water Conservation Fund for acquisition of endan-gered species habitat.1 Limitations of 1966 Act ($15million total, $5 million annually, and $2.5 millionfor any one area) are deleted.

(d) Strengthens parallel provision of 1966 Actpertaining to endangered species programs of otherDepartments. Deletes expiring authorization for ac-.

quisition 'of certain inholdings.Section 4. Restates parallel provisions of section 3of 1966 Act pertaining to cooperation with the States(16 U.S.C. 668cc).Section 5. (a) Prohibits, except as authorized else-where in the bill, the import, export, taking withinthe United '.States or upon the_high-seas,- and interstatetransportation of endangered species listed as threat-ened with extinction. pursuant t.o section 2, and pro-vides for punishment in acdordance with section 7.The 1969 Act provides only a prohibition against theimportation 'from a foreign country of-endangeredspecies.Exempts from the prohibitions of subsection (a) thoseAmerican Indians, Aleuts, and Eskimos who take endan-gered species for personal consumption or ritualpurposes pursuant to treaty, Executive Order, orFederal statute.Restates, with conforming amendments, "economichardship-" provision of,section 3 of 1969 Act (16 U.S.C.668cc-3)-

(b) Requires that the Secretary, upon listing anendangered species or subspecies likely within theforeseeable future to become threatened with extinct=ion, issue regulations which, may include those

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prohibitions contained in subsection (a) applicable tospecies or subspecies which are threatened with ex-tinction.

6. (a) Authorizes the Secretary to permitactivity otherwise prohibited by section 5(a) forzoological, educational, and scientific purposes.

(b) Authorizes delegation to a State of authorityto regulate taking'of an enaangered species when Secre-tary determines that such State had adopted active pro-

gram to manage and protect such species.

(c) Requires Secretarial review of actions takenunder this section.Section 7. (a) Restates parallel provision of section4 of 1969 Act (16 U.S.C. 668cc-4), providing civilpenalty of not more than $5,000 for each violation ofsections 5 or 6 and regulations or permits issuedthereunder, except for willful violations, the punish-ment for which is prescribed by subsection (p).

(b) Restates parallel provision of section 4 of1969 Act, providing criminal penalty of not more than

$10,000 or one year's imprisonment, or both, for will-ful violation of sections 5 or 6-and regulations orpermits issued thereunder. Also authorizes suspensionof Federal hunting and fishing licenses, permits, orstamps for a period not to exceed 5 years.

(c) Restates parallel provision Of section 4 of

1969 Act, providing for enforcement by the Secretariesof the Interior, Commerce, Treasury, and the Departmentin which the Coast.Guard is operating. Authorizeswarrantless search under specified conditions, andpermits execution by authorized agents of warrants toseize property used in connection with violations for

which a penalty is prescribed by subsections (a) or

(D).(d) Restates parallel provision of section 4 of

1969 Act'pertaining to authorized ports of entry, and

permits importation at.non-designated ports when "inthe interest of the health or safety of the fish or

wildlife.(e) Authorizes the promulgation of regulations to

carry out the purposes of the Act.Section 8. (a) Restates parallel provision of section5 of 1969 Act (16 U.S.C 668cc-5) pertaining to endangered species programs of foreign countries. Pro-

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vision for an international ministerial meeting onendangered Species has been deleted, as,such meetingis scheduled for later this year.

(b).and (c) Restate parallel provisions of section6 of 1969 Act (16AU.S.C. 668cc.r6), pertaining toanimal quarantine and tariff laws.Section 9. Provides conforming amendments to NationalWildlife Refuge SysteM Administration Act of 1966(80 Stat. 927; U.S.C. 668dd-668ee), Migratory Bird Con-servation Act (45 Stat. 1224; 16 U.S.C.. 715), ACt ofJune, 15, 1935 (49 Stat. 283; 16 U.S.C. 715s(a)), andthe Land and Water Conservation Fund Act of 1965 (78Stat. 903; 16 U.S.C. 4601-9).Section 10. Repeals sections 1 through 3 of the 1966'Act and sections 1 through 6 of the 1969 Act, which.arereplaced by this Act. Sections 1 through 3 of the 1966ACt and sections 1 through .5 of the 1969 Act had beendesignated by the 1969.Act as the "Endangered SpeciesConservation Act of 1969."

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Big Cypress National Fresh Water Reserve

459 -564 0 - 72 - 11

UNITED STATESDEPARTMENT OF THE INTERIOR

OFFICE OF THE SECRETARYWASHINGTON. D.C. 20240February 4, 1972

;

Dear Mr. [President/Speaker]:

Enclosed is a draft of a bill "To authorize theacquisition of the Big Cypress National Fresh WaterReserve in the State of Florida, and for otherpurposes."

We recommend that the bill be referred to theappropriate committee for consideration, and we re-commend that it be.enacted.

Evidencing a deep concern and understanding of theconservation problems involved in protecting the BigCypress area of south Florida, President Nixon onNovember 23, 1971 stated:

About 35 miles west of Miami lies the BigCypress swamp,- a unique ecological preserve ofparamount importance to the-future of SouthernFlorida. In order to protect Big Cypress Swampfrom private development that would destroy it, andto insure its survival for future generations, itis no' essential for the. Federal Government toacquire this unique and vital watershed. I willtherefore propose legislation to acquire the re-cs..:3ite legal interest in 547,000 acres of-the swamp.

The enclosed draft bill would authorize the implementa-tion of plans announced by President Nixon.on November 23,1971.

The bill.authorizes the Secretary of the Interior toacquire by donation, purchase;with donated or appropriatedfunds, transfer from any other Federal agency, or exchange,lands, waters, and interests therein within an area de-picted on a map on file with the National Park Service ofthis Department. The area to be acquired, consisting of

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not to exceed 547,000 acres of private land and ap-proximately 37,000 acres of publicly owned land, shallbe known as the Big Cypress National Fresh Water Reserve.

The reserve shall be administered by the Secretaryof the Interior in accordance with the laws applicableto the National Park System. However, the bill authorizes.the Secretary to enter into an agreement with the Stateof Florida or an appropriate political subdivision there-of, pursuant to which the Statue or local politicalsubdivision may manage and administer the lands acquiredfor the reserve for the purpc.se of protecting the uniquenatural environment of the Big Cypress area. Any suchagreement shall contain provisions to limit or controlsuch uses as motorized access, exploration for and ex- -

traction of oil, gas, and other minerals, grazing, drainingor constructing works to alter the natural water courses,agriculture, hunting, fishing, and trapping, and new con-struction of any kind. The bill directs the Secretary topermit hunting, fishing, and trapping within the reservein accordance with applicable State and Federal laws.

Section 5 of the bill authorizes the appropriationof such sums as may be necessary, but not to exceed $156million for the acquisition of lands and interests 'therein.We anticipate the use of-proceeds frem:,the Land and WaterConservation Fund to acquire such private property over a10-year period, with an expenditure ,of $15.6 million ineach of the first 5 years following enactment, and thebalance of $78.0 million to be spent during the next 5years.

Everglades National Park, authorized in 1934, re-presents one of the most unique ecosystems in the world.The biological values of the park, which include habitatfor the continued existence of several endangered species,depend on fresh water-supplies. In 1971, an estimated1,420,000 people will visit Everglades National Park.

In the past, the eastern half of the, park/w,Sthreatened due to development along the Shark Riverdrainage, and by development and draining of the Northernwetlands which lie east and south of Lake Okeechobee.This threat has been offset by guarantees of water flow

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by the Corps of Engineers and the State of Florida.There is now a working arrangement with the Corps andthe-State which furnishes an, optimum water supply to theeastern side of the park. All of the remainder of the-park, considerably more than half of the 1,400,533 acreswithin the authorized boundaries, is dependent upon theBig Cypress for its supply of fresh water.

To describe the resources of the Big Cypress and its

basis in the South Florida ecosystem, is to answer thequestion of why it should be protected.

Aside from its manifold benefits as one of the vitalunderpinnings of the ecosystems which provide criticallyimportant esthetic-- and "economic benefits for much of thesouthern Florida Gulf Coast, Big Cypress is a highlysignificant resource in itself. The larger ecosystem ofwhich it is a part is the Nation's only significantsubtropical marsh community complex.

The Big Cypress is an intricate mosaic of marsh andlowland forest types--a wilderness of sloughs, tree islands(or hammocks), and bay and cypress heads. Cypressdominates, and gives the area its name.

A _vital factor in the Big Cypress-Evergladesecosystemis the almost imperceptible-slope of the land. This re-sults in, exceedingly slow drainage, which extends the "wetmonths" well beyond the period of actual rainfall. Theunrelieved flatness of the area's topography makes sheetflow the predominant drainage rather than flow.in well-defined channels or courses. Thus, a water level changeof only a feNi inches ofttimes affects thousands of acres.Much of those areas still experiencing natural drainagestands under water for as long as 4 months after rainfallceases in a year of normal rainfall. During the normaldry season, about one-tenth-of the land remains inundated.

The Big Cypress Watershed serves as a natural waterstorage area, and supplements the man-made storage areasin conservation areas one, two, and three, that are con-sidered vital for the protection of an adequate freshwater supply for south Florida.

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Nowhere outside the tropics are epiphytes, or "air-plants", ,which include orchids, some ferns, and fromeliads,found in such abundance and variety as they are in BigCypress. Seven species of orchids found nowhere else inthe world grow in the Big Cypress, and because of de-predation by orchid hunters can be classed as endangeredflora.

Large portions of Big Cypress have so far experiencedlittle man-made disturbance. The scars left by the earlyloggers have nearly healed. Nearly all the wildlifespecies native of semitropical Florida are contained with-in the watershed. Animal life is diverse and abundant.Large, showy, long-legged wading birds area major naturalattraction. Big CypreSs provides important feeding, nest-ing and wintering areas, as well as a resting place forbirds migrating to and from Central and South America.Acquisition of the Big Cypress Swamp would preserve im-portant habitat for at least nine species of wildlifedetermined by the Secretary of the Interior to be threatenedwith extinction. Ultimate loss or mismangement of thearea would be most damaging to the endangered Cape Sablesparrow and the peripheral roseate spoonbill, reddish egret,and mangrove cockoo. To another group of species thathave far wider ranges, Big Cypress, along with the adjacentEverglades National Park, serves as a stronghold or re-treat. This group includes the endangered American alligator,Florida panther, Florida Everglade kite, and Southern baldeagle, and the rare great white heron. The Big Cypressprovides excellent hunting for deer, turkey, quail, andwild hog.

As stated earlier, Everglades National Park is utterlydependent upon a plentiful supply of high quality waterflowing through the region in an overland sheet patternfor up to 8or 9 months of the year.

Amajor portion of its water'Supply comes fromrainfall over the park itself .,;_ The remainder historicallycomes from. Lake Okeechobee drainage system and from Big-Cypress-Watershed, the latter accounting for about 56percent of all outside water entering the park.

Because of the extremely slight elevation'differences

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in the park's terrain, the effects of dessication and in-undation resulting from seasonal changes in water levelsare extraordinarily widespread. Only the alligator holesand ponds retain water throughout the natural annualcycle.

The summer wet period normally inundates extensiveareas, allowing expansion of the aquatic populations--phytoplankton, crustaceans and fishes. Subsequently,water levels must-sink to concentrate the summer produc-tion of food organisms sufficiently to supply the nourish-ment essential to larger fishes, amphibians, reptiles,mammals, and many species of birds.

The seasonal wet-dry cycle must coincide with thenatural reproductive cycles of the many varieties of pre-datory animals that feed upon the small aquatic organismssupported by the water. If any of the links in this processare broken, the reproduction of the larger animals at thetop of, the food chain will failEither-excessively-highor low water-can cause reproductive failure. So can tooshort a delivery period.

The coastal zone within the influence of the BigCypress Watershed contains about one-third of the totalmongrove-estuarine complex of Everglades Natiorwl Park.LeVels of productivity and diversity, of species as highas any t0 be found within the United_States characterizethe coastal zone. In addition to its very large bird popu-lation, the area produces or maintains hundreds of speciesof aquatic organisms. The mangrove forest is consideredamong the finest in the world.

Following acquisition of the land the bill contem-plates that the Secretary of the Interior will enter intoan agreement with the State of Florida for the managementof the area. Existing uses, where compatible with themanagement objectives will be allowed to continue.Management would be directed toward maintaining thepattern, quantity and quality of waterflow. Hunting andfishing are present, acceptable uses but limitationswill have to be placed on travel through the swamp byair boats, swamp buggies, and other "all terrain vehicles"to insure against rutting, and other impairment-of the

185

area. Increased use should result from campers, birdwatchers, naturalists,- and picnickers. Many will seekescape into near-tractless wilderness-type areas overhiking nature trails. Some portions would be managedas scientific ecological study areas.

Acquisition of the Big Cypress will be expensive--amonumental commitment in terms of funds for environmentalprotectionhut at no time in the future will it be lessso. As President Nixon stated on November 23, 1971--

The Nation, as a whole, will benefit through theprotection of Everglades National Park and .throughthe addition of another major wildlife haven andrecreational area.

We therefore urge the Congress to take early andfavorable action to authorize the Big Cypress NationalFresh Water Reserve, as proposed herein.

Enclosed is a draft of an environmental impactstatement, prepared in accordance with section 102(2)(C)of the National Environmental Policy Act of 1969.

The Office of Management and Budget has advised thatthe enactment of the enclosed bill would be in accordwith the Administration's program.

Sincerely yours,

/s/ Rogers C.B. MortonSecretary,of the Interior

Honorable Spiro T. AgnewPresident of the SenateWashington, D. C. 20510

Honorable Carl B. AlbertSpeaker of the House of RepresentativesWashington, D. C. 20515

Enclosures

186

A BILL.

To authorize the acquisition of the Big CypressNational Fresh Water Reserve in the State of Florida,and for other purposes.

Be it enacted by the Senate and House of Repre-sentatives of the United States of America in Congressassembled, That the Congress finds- -

(a) the unique natural environment of the BigCypress area of southwestern Florida should be protectedfrom further development which would significantly andadversely affect its ecology;

(b) the Big Cypress is a fragile area, ecological-ly interlocked with Everglades National Park and thecontinued viability of Everglades National Park andcertain of the estuarine fisheries of south Florida aredirectly dependent upon fresh water of adequate qualityand volume from the Big Cypress area; and

(c) appropriate measures must be taken by theUnited States and the State of Florida to assure theconservation of fresh water from the Big Cypress area.

It is, accordingly, the purpose of this Act toprovide for the protection of the Big Cypress area andfor appropriate uses thereof through cooperative actionby the Federal Government and the State of Florida.SECTION 2.

In order to effectuate the purpose of this Act the.Secretary of the Interior (hereinafter referred to as the"Secretary") is authorized to acquire by donation,purchase with donated or appropriated funds, transferfrom any other Federal agency, or exchange, lands, waters,and interests therein within the area generally depictedon the map entitled "Boundary Map, Big Cypress NationalFresh Water Reserve, Florida", numbered BC- 91,001, anddated November 1971, which shall be on file and availablefor public inspection in the Office of the National.ParkService, Department of the Interior. The Secretary mayfrom time to time make 'ainor revisions in the boundariesof the area by pUblication of a revised map or otherboundary description in the Federal Register, and he mayacquire property within the revised boundaries in accord-ance with the provisions of this section: Provided, Thatthe boundaries of the area may not encompass more than547,000 acres of privately owned land. Property ownedby the State of Florida or any political subdivision

187

there of may be acquired only by donation. Notwithstandingany other provision of law, Federal property within theboundaries of the area may-with the concurrence of thehead of the administering agency, be transferred to thdadministrative jurisdiction of the Secretary for the pur-poses of this Act, without a transfer of funds.SECTION 3.

(a) The owner of improved property on the date ofits acquisition by the Secretary may, as a condition ofsuch acquisition, retain for himself and his heirs andassigns a right of use and occupancy of the improvedproperty for noncommercial residential purposes for adefinite term of not more than twenty-five years or, inlieu thereof, for a term ending at the death of the owneror the death of his spouse, whichever is later. Theowner shall elect the term to be reserved. Unlets thisproperty is wholly or partially donated to the UnitedStates, the Secretary Shall pay the owner the fair marketvalue of the property on the date of acquisition lessthe fair market value on that date of the right retainedby the owner. A right retained pursuant to this sectionShall be subject to termination by the Secretary uponhis determination that it is, being exercised in a mannerinconsistent with the purposes of this Act, and it shallterminate by operation of law upon the Secretary's noti-fying_the holder of the right of such determination and __

tendering to him an amount equal to the fair market value,of that portion of the right which remains unexpired.

(b) As used in this Act the term "improved property"means a detached, one:family dwelling, construction ofwhich w,a_S begun before November 23, 1971, which is usedfor' noncommercial residential purposes, together with notto exceed'three acres of the land on which the dwellingis situated, such land being in the same ownership as thedwelling, together with any structures accessory to thedwelling which are situated on such land.SECTION 4.

The area within the boundaries depicted on the mapreferred to in section 2, or as such boundaries may berevised, shall be known as the Big Cypress National FreshWater Reserve, and it shall be administered by theSecretary in accordance with the laws applicable to theNational Park System, and in a manner consistent with thefindings and purposes of this Act. The Secretary isauthorized t6,enter into an agreement with the State ofFlorida, or any political subdivision thereof having

188

jurisdiction over the lands, waters, and interests therein within the reserve, pursuant to which such State orPolitical subdivision may agree to manage and administerany property acquired by the Secretary, pursuant to thisAct for the purpose of protecting the unique natural en-vironment of the Big Cypress area. Any such agreementshall contain provisions which, as applied to the areawithin the reserve, will limit or control the use of thelands and waters therein for the purposes of motorizedaccess, exploration for and extraction of oil, gas, andother minerals, grazing, d'-aining or constructing worksto alter the natural wat courses, agriculture, hunting,fishing, and trapping, new construction of any kind, andsuch other uses as the Secretary determines must be limitedor controlled in order to carry out the purpose of thisAct; Provided, however, that the Secretary shall consultand cooperate with the Secretary of Transportation toassure that necessary transportation facilities shall 'belocated within existing or reasonably expanded rights-of-way and constructed within the reserve in a manner consist-ent with the purposes of this Act.SECTION 5.

The Secretary shall permit-lhunting, fishing, andtrapping on lands and waters under his jurisdiction withinthe reserve in accordance with the applicable laws ofthe United States and the State of Florida, except thathe may designate zones where and periods when no hunting,fishing, or trapping may be permitted for reasons ofpublic safety, administration, fish or-wildlife management,or public use and enjoyment. Except in emergencies, anyregulations prescribing such restrictions shall be put in-to effect only after consultation with the appropriatestate agency having jurisdiction over hunting, fishing,and trapping activities., Notwithstanding this,section orany other provision of this Act, the Secretary may authorizemembers of the Miccosukee Tribe of Indians of Florida andmembers of the Seminole Tribe of Florida to continuetheir usual and customary use and occupancy of-Federallands and waters within, the reserve, including hunting,fishing and trapping on a subsistence basis and traditionaltribal ceremonials.SECTION 6.

Notwithstanding any other provision of law, beforeentering into any contract for the .provision of revenue-producing visitor services, the Secretary shall provide

189

those members of the Miccosukee and Seminole IndianTribes who on January 1, 1972, were engaged in the pro-vision Of similar services, a reasonable opportunity tocontinue providing such services within, the reserve inaccordance with such terms and conditions as he may byagreement, hereby authorized, provide.SECTION 7.

There are authorized to be appropriated such sumsas may be necessary to carry out the provisions of thisAct, but not to exceed $156,000,000 for the acquisitionof lands and interests therein.

SECTION-BYSECTION ANALYSIS

Section 1Congressional finding that unique natural environment

of Big Cypress area warrants protection throughcooperative action by Federal government and State of

Florida.Section 2Authorizes Secretary of the Interior to acquire bydonation, purchase, transfer or exchange interests in

lands and waters not to exceed 547,000 acres of private

lands, as depicted on boundary map BC-91-001.Section 3Permits owners of improved property acquired by the

Secretary to retain use and occupancy thereof for a

definite term of not more than 25 years, or for a term

ending at the death of the owner or his spouse, which-

ever is later., . Provides for compensation equal to fairmarket value at time of acquisition, less the fair

market value of right retained by owner.Section 4Designates area within boundary. .described in section 2

as "Big Cypress National Fresh Water Reserve," andprovides for administration thereof by the Secretary of

the Interior in accordance with laws applicable to the

National Park System. Authorizes execution of agree-

ments for State_or local management and administration

of areas within Reserve, provided that such agreementscontain provision for protection of natural resources,and provided, further, that Secretary shall consult-wiih Secretary of Trmsportation as to location oftransportation facilities within the Reserve.

Section 5Requires that Secretary permit hunting, fishing and

trapping within the Reserve in accordance with appli-

cable laws of United States,and State of Florida, butauthorizes the prohibition of such activity underspecified circumstances continuation ofcustomary use and, occupancy of Federal lands byMiccosukee and Seminole Indians.Section 6Provides that Miccosukee and Seminole Indians Shallhave reasonable opportunity, under agreement witli the

Secretary, to continue provision of those revenue-

producing visitor services in which they may have beenengaged on January 1, 1972.Section 7Authorizes appropriation of such sums as may be neces-sary to carry out provisions of Act, not to exceed$156 million for acquisition of lands and-intereststherein.

:!an Gate National Recreation Area

UN' TED STATESDEPARTMEt OF THE INTERIOR

OFFICE OF THE SECRETARYWASHINGTON, D.C. 20240

February 8, 1972

Dear Mr. [President/Speaker]:

There is enclosed a draft bill "To provide for theestablishment of the Golden Gate National RecreationArea in the State of California and for other purposes."

We recommend that the bill, a part of the environ-mental program announced today by Presi'9ent Nixon, bereferred to the appropriate committee for consideration,and we recommend that it be enacted.

As President Nixon has pointed out, "The demand for

urban open space, recreation, wilderness and othernatural areas, continues to accelerate. In the face ofrapid urban development, the acquisition and develop-ment of open space, recreation lands and natural areas

cessible to urban centers is often thwarted byescalating land values and development pressures".

On May 10, 1971, this Department, in furtherance ofthe President's objective to provide parks in urbanareas, proposed legislation to establish the. GatewayNational Recreation Area in New York and New Jersey.The Golden Gate National Recreation Area in California,as proposed in the enclosed draft bill, is Yet anGther,significant step Which we recommend be taken toward thishigh goal.

In 1960, the population of the San Francisco-Oaklandstandard metropolitan statistical area was approximately2,500,000.' In one decade the population has-almostdoubled, totaling more than 4,500,000 at present, and in1990 it will measure more than 7,500,000. While theCity and County of San Francisco, Mark County, and theState of California have all provided some open space,the potential for park and recreation development of a

much .greater acreage should be realized in r,rder to meetthe demonstrated need for recreation space.

The boundaries of our proposed GOlden Gate NationalRecreation Area would encompass some 24,000 acres ofexisting State and County parkland with undevelopedmilitary reservations and private lands into an areaoffering a variety of outdoor recreation uses.

The boundaries of fhe national recreation area willextend from the southern boundary of Point Reyes_NationaSeashore southward approximately 22 miles along thePacific Ocean to the north end of Golden Gate Bridge.Across the Bridge, it will extend from the existing SanFrancisco Maritime State Historic Park on the eac:,t toFort Point on the west, and from Fort Point westward andsouthward along the Pacific Ocean about nine miles toinclude Fort Funston at the southern end, In SanFrancisco .Bay itself, Angel Island and Alcatraz wouldcomprise the third major component of the national re-creation area

The area on the north side of the Golden Gate, whichwill connect with the Point Reyes National Seashore, islargely ?=developed rugged open land suitable for camp-ing, hiking, fishing, and nature study. It consists of7,472 acres of State parkland, 2,067 acres of. Federallyowned land,i198 acres of county land, and 8,021 acres_'of private' y owned land.

On the south' side of the Golden Gate is heavilyusedurban parkland,, including Fort Mason, Gashouse Cove,Crissy Field, and Marine Green. The Sutro Seaside areawill provide water -oriented -recreation, and the OceanDunes will be protected and administered for hiking and:miming. Alcatraz Island's dhief uses will feature itshistoric role and its unique location as a vantage pointfrom which to view activities in San Francisco Bay.'.

Though adjacent to GoldenlGate National RecreationArea, Fort Point already designated as a national`historic site by the Act of October 16, 1970 (84 Stat.970) and Muir Woods National Monument, established by

Presidential Proclamation No. 793 on January 9, 1908,will retain their identity as separate units of. theNational Park System.

Land ownership for the proposed Golden Gate NationalRecreation Area is approximately as follows:

Federal 3,618 acresArmy 3,384 acresAir Force 12 acresCoast Guard 222 acres

State 11,337 acres*County (Marin) 198 acresPrivate 8,021 acres

Total 23,174 acres

* Of this acreage, 3,840 acres is submerge&land.

Under the bill, those Federal landswhich now com-prise_Forts Cronkhite, Barry and the western portion ofFort Baker, together with other nearby Federal lands,would be transferred to the administrative jurisdictionof the Secretary of the Interior, subject to continueduse and occupancy of certain areas by the Department ofthe Army for a. period sufficient to allow relocatioelof essential military and support facilities. Thoseareas within the Presidio of San Francisco known asBaker Beach and Crissy Army Airfield would be madeavailable for public use as units of the recreation-area, subject only to continued use of the airfieldduring a phase-out period. All other Federal land with-in the Presidio, the eastern portion of Fort Baker, andCoast Guard property not subject to immediate transferwould 'be transferred to the Secretary of-the Interioras it is determined to be excess of military or opera-tional requirements. This proposed-transition frommilitary to recreation use of the,historic propertyadjacent to Golden Gate Bridge tal,s into account theessential nature of some existing military activities,while providing an immediate, and significant increasein the number of acres available for public recreation.

We propose that State-owned lands within the re-creation area be managed by the State of California ina manner compatible with f_aeral administration ofadjoining areas, and that/there be no transfer of Stateproperty to the administrative jurisdict,ot, of theSecretary at this time. Section 2(a) of our draft billdoes provide, however, for acquisition, development andadministration of :ouch State lands as may later bedonated for this purpose, and Section 3(a) authorizesthe Secretary to enter into such agreements with theState of California as may "contribute to uniform manage-ment and public use of all publicly owned lands withinthe recreation area". The 8,021 acres of private landwould be acquired, and, where appropriate, leased backto permit continued compatible uses pursuant to theauthority in the Act of July 15, 1968 (82 Stat. 354),except that we do not propose to acquire the AudubonSociety property (61.48 acres) so long as present com-patible uses are continued. Although not specificallyprovided for, life estates or estates, for a term ofyears, could underipkovisions of the bill, be permittedin appropriate instances. In addition, scenic easementsor other less-than-fee interest can be acquired whereappropriate.

Estimated costs for development of the recreationarea are approximately-$58,000,000. The estimateddevelopment cost is based on May 1971 prices, and section5 of the bill relates the appropriation limitation fordevelopment to cost indices as of that date.

Land costs are estimated to be $27,620,000, which isprogrammed over a three-year period. This estimate in-cludes the cost of acquisition of twenty-one improve-ments as well as the cost of compliance with the require-ments of the ',Iniform Relocation Assistance (And: Real Pro-ierty Acquisition Policies Adt of 1970. Real:propertytaxes on the private lands to be acquired totaled$235,321 in 1970 Annual operation and maintenance isexpected to cost $1,354,832 the first year, and willincrease to about$2,126,039 during the fifth year Aman-year and cost data statement is attadhed.

The Office of Management and Budget has advisedthat enactment of this legislative proposal would beIn accord with the program of the ?resident.

Sincerely yours,

/s/ Rogers C.B. MortonSecretary of the Interior

Honorable Spiro T. AgnewPresident of the SenateWashington, D.C. 20510

Honorable Carl B. AlbertSpeaker of the House of RepresentativesWaghvIgton, D.C. 205,1204%.

Enclosures

A BILL

To provide for the establishment of the Golden GateNational Recreation Area in the State of California,and for other purposes.

Be it enacted by the Genate and House of Representa-tives of the United States of America in Grim:Tressasseml;led, Th&t in order to preserve and protect for theuse and enjoyment of present and future generations anarea possessing outstanding natural, historical, andrecreational features, the Secretary of the Interior(hereinafter referred to as the "Secretary") is autho-rized to establish the Golden Gate National RecreationArea (hereinafter referred to as the "recreation area").There shall be included within the boundaries of therecreation area those properties in the San FranciscoBay area generally depicted on the map entitled"Boundary Map, Golden Gate National Recreation Area,San Francisco and Marin Counties, California", numberedNRAGG-20,000C and dated January 1972, which map shallbe on file and available for public inspection in theoffices of the National Park Service, Department of theInterior. The Seer Lary shall establish the recreationarea by publicatic E a notice to that effect in theFederal Register at such time as he determines thatlands, waters, and interests therein sufficient to con-stitute an eff..22iently administrable recreation areahave been acquired for administration in 'accordancewith the purposes of this Act. The Secretary may fromtime to time make corrections in the boundaries of therecreation area, but the total area within the boundariesshall not exceed 24,000 acres.SECTION 2.

(a) The Secretary may acquire landi and waters andinterests therein within the boundaries of the recrea-tion area by donation, purchase with.donated or appro-priated funds, or exchang(4, except that property' orinterests therein owned by the State of Californiaor any political subdivision thereof may be acquiredonly by donation, subject to such terms and conditionsas may be mutTaally agreed to and subject to such validexisting rights as may exist _under the laws of such 'JState or political subdivision at the time of donation,provided, however, that the Secretary may acquire,develop and administer property or interests therein

it

which the State of California or any political sub-division thereof may have retained a reversionaryinterest. Except as hereinafter provi:,;<-_,.i, Federal

property within the boundaries of the recreation areais hereby transferred to the administrative juris-.diction of the Secretary for the purposes of this Act,subject to the continuation of such existing uses asmay be agreed upon between the Secretary and the headof the agency formerly having jurisdiction over theproperty. Notwithstanding any, other, provision oflaw, the Secretary may develop and administer for thepurposes of this Act structures or other improvementsand facilities on lands for which he receives a permitof use and occupancy from the Secretary of the Army.

(b) The Federal property known as Fort Cronkhite,Fort Barry, and approximately one-half of the Federalproperty known as Fort Baker, together with certainadditional Federal property located in Marin and SanFrancisco Counties, California, all as depicted on themap entitled "Golden Gate Military Properties" numberedNRAGG 20,002 and dated January 1972 is hereby trans-ferred to the administrative jurisdiction of theSecretary for purposes of this Act, provided, however,that the Secretary shall grant: (1) a permit for con-tinued use and occupancy by the Secretary of the Armyfor those portions of said property necessary forexisting air defense missions until the Secretary ofDefense determines that such requirements no longerexist, and (2) a permit for continued use and occu-pancy by the Secretary of the Army for those portionsof said property for essential missions to includereserve activities and family housing for a period of10-years or for such longer ,period of time as may beagreed upon by the Secretary; and provided further, thatthe portion of said Federal property known as CoaatGuard Radi6 Receiver Station, Fort Cronkhite, comprisingapproximately 12.4 acres, shall remain under the adminis-trative jurisdiction of the Secretary of the Departmentin which the Coast Guard is operating until such time asall or any portion thereof is determined by the Depart-,ment in which the Coast Guard is operating to be excessto its needs, at which time such excess portion shall,be transferred to the administrative jurisdiction ofthe Secretary for purposes of this Act.

(c) That portion of the Federal property known asFort Baker not subject to transfer under the provisionsof subsection (b) hereof shall remain under administra-tive jurisdiction of the Department cf the Army untilsuch time as all or any portion thereof is determinedby the Department of Defense to be excess to its needs,at which time 'such excess portion shall be transferredto the administrative jurisdiction of the Secretary forpurposes of this Act; provided, however, that theSecretary of the Army shall grant to the Secretary suchrights as are necessary to assure reasonable publicaccess through such area to Horeshoe Bay, together withthe right to construct and maintain such public servicefacilities as the Secretary deems necessary for thepurposes of this Act. The precise facilities and loca-tion thereof shall be determined between the Secretaryand the Secretary of the Army.

(d) Upon enactment, the Secretary of the Armyshall grant to the Secretary irrevocable use and occu-pancy of that Federal property within the Presidio ofSan Francisco known. as Baker Beach consisting of approl:i.-mately 100 acres, and as depicted on said map-numberedNRAGG 20,002.

(e) Within ten years from the tate of enactment, orsuch longer period of time as may be agreed upon by theSecretary, .Cne Secretary of the Army shall grant to theSecretary irrevocable use and occupancy of that Federalproperty within the Presidio ofSan Francisco known as.Crissy Army Airfield, consisting of approximately 45acres, and as depicted on said map :lumbered NRAGG 20,002.

(f) That portion of the Federal property 'known asthe Presidio of San Francisco not .subject to the, pro-visions of subsections (a) and (e) hereof ehall remainunder the administrative jurisdiction of the Departmentof the Army until such time as all or any portion there-of is determined by the Department of Defense to beexcess to its needs, at which time such excess portion

all be transferred to the administrative jurisdictionof the Secretary forpurposes of this Act. If the por-tion of said Federal propeFty known as Fort Point CoastGuard Station, comprising approximately 14.7 acres, isstill in continued use.by the Coast Guard at the timethat property is declared by the Department of Defenseto be excess to its needs, the Secretary ghall grant apermit.for continued use and occupancy by the Secretary

of the Department in ,which the Coast Guard is operatingfor that portion of said Fort Point Coast Guard Stationnecessary for activities of the Coast Guard.

(g) That portion of Fort Miley comprising approxi-mately 1.7 acres of land presently used and required bythe Secretary of the Navy for its inshore, underseaswarfare installations shall remain under the administra-tive jurisdiction of the Department of the Navy untilsuch time as all or any portion thereof is determined bythe Department of Defense to be excess to its needs, atwhich time such excess portion Shall be transferred tothe administrative jurisdiction of the Secretary forpurposes of this Act.

(h) New construction and development within therecreation area on property remaining under the adminis-trative jurisdiction of the Department of the Army andnot subject to the, provisions of subsections (d) or (e)hereof shall be limited to that Which is required toaccommodate facilities being relocated from propertybeing.transferred under this Act to the administrativejurisdiction of the Secretary or which is directly re-lated to theessential missions of the SiXth UnitedStates Army; pr6vided, however, that any construction onpresently undeveloped open space may be undertaken onlyafter prior consultation with, the Secretary. The fore-going liMitation on construction and development Shallnot applytoi expansion of those facilities known. asLetterman General Hospital or the Western MedicalInstitute of Research.

(i) The Federal property known as Point Bonita,Point Diablo, and Lime Point shall remain under theadministrative jurisdiction of the Secretary of theDepartment in which the Coast Guard is operating untilsuch time as all or any portion thereof is determinedby the Department in which the Coast Guard is operatingto be excess to its needs, at whidh time such excessportion shall be ti.imsferred to the administrativejurisdiction of the Secretary for purposes of this Act.The Secretary of the Department in which the Coast Guardis operating may continue to maintain and operate existingnaxiigatiOnai aids j2r2yjAesl that access to such naviga-tional aids and the installation of necessary newnaviga-tional aids within the recreation area Shall be under-taken in accordance with plans which are mutuallyacceptable to the Secretary and the Secretary of the

959-569 0 - 72 - 12

Department in which the Coast Guard is operating andWhich are consistent with both the purposes of this Actand the purpose of existing statutes dealing withestablishment, maintenance, and operation of naviga-tional aids.SECTION 3.

(a) Prior to the establishment of the recreationarea and thereafter, the Secretary shall administer thelands, waters and interests therein acquired for therecreation area in accordance with the provisions of theAct of Arigust 25, 1916 (39 Stat. 535; 16 U.S.C. 1,2-4),as amended and supplemented, except that the Secretarymay utilize statutory authority available to himfor the conservation and management of wildlife andnatural resources as he deems appropriate to carry outthe purposes of this Act. Notwithstanding their proxi-mity to the boundaries of the recreation area, the MuirWoods National Monument and Fort Point National HistoricSite shall continue to be administered as separate unitsof the National Park System in accordance with the lawsapplicable to such monument and historic site. TheSecretary is authorized to enter into agreements, sub-ject to otherwise applicable Federal, State or localstatutes, with the State of California or its politicalsubdivisions with respect to any State and other publiclyowned lands within the recreation area in order to con-tribute to uniform management and public use of allpublicly owned lands within the recreation area.

(b) Notwithstanding any other provision of law, theSecretary may provide such services and facilities ashe deems necessary or desirable for access to the re-creation area. The Secretary may provide such servicesand facilities directly, or by negotiated contract withpublic or private agencies or persons without advertisingand without securing competitive bids.

(c) The Secretary is authorized to enter into cooper-ative agreements with Federal agencies, the State ofCalifornia, or any political subdivision thereof, forthe rendering, on a reimbursable basis, of rescue,fire-fighting, law enforcement, water and sewer andother commtmity services.SECTION 4.

The authority of the Secretary of the Army to under-take or contribute to water resource developments, in-cluding shore erosion control, beach protection, and

204

navigation improvements on land and/or waters within theGolden Gate National Recreation Area in California shallbe exercised in accordance with plans which are mutuallyacceptable to the Secretary and the Secretary of theArmy and which are consistent with both the purpose ofthis Act and the purpose of existing_ statutes dealingwith water and related land resource development.SECTION 5.

There are hereby authorized to be appropriated notmore than $27,620,000 for acquisition of lands andinterests in lands, and not to exceed $58,000,000 (May1971 prices) for development of the recreation area,plus or minus such amounts, if any, as may be justifiedby reason of ordinary fluctuations in construction costsas indicated by engineering cost indices applicable tothe type of construction involved herein.

2o5/2fio

Conversion of Federal

Properties to Parhs

207 dy

CONVERSION OF FEDERAL PROPERTIES TO PARKS

Soon after taking office, the President established theFederal Property Review Board to identify unneededFederal lands and dispose of them, with preference tobe given to donation to State and local governmentalbodies for public use. As part of the Legacy of Parksprogram announced in the 1971 Environmental Message,the Board was directed to give priority to areas withpotential for park and recreation use. One hundred andfifty-one prospective areas with such open space valueshave been identified, and 63 of these were converted topark use over the past 2 years. In addition, in his1972 Environmental Message, the President announcedtht 20 more parcels were being made available. Thetotal of 83 parcels comprises 14,585 acres in 31 Statesand Puerto Rico. Their estimated fair market value isover $56 million. Many are located within or nearurban areas, where they are readily accessible todensely populated neighborhoods.

The President's 13roposal

The 20 newly ideaL±fied properties include all or por-tions of the i.c_llowing: the Alvord Estate, Phoenix,Arizona Camp. '-1";' Lt, an Diego, 2alifornia; _San LuisObispo, California:; Outer Marker cznex, Palm Beach,Florida; Gap Fi-_,:ler.Annex, Win. G=rden, Florida; EL-3.7.

Grande Light Station, Gasparilla -Island, Florida; Pana-ma City Jetties, St. Andrews Bay, Florida; Federal Cor-rectional Institute, Tallahassee, Florida; CrookedRiver Light, Carabelle, Florida; Dinner Key Air Sta-tion, Miami, Florida; Veterans Administration Hospital,Topeka, Kansas; Veterans Administration Center Reserva-tion, Leavenworth, Kansas; Veterans Administration Hos-pital, Bedford,' Massachusetts; Federal CorrectionalInstitute, Milan, Michigan; Chillicothe Station, RossCounty, Ohio; Former Naval Air Station, TillamookCounty, Oregon; Roosevelt Roads, Puerto Rico; FortHood, Killeen, Texas; Veterans Administration Hospital,Waco, Texas; and Fort Douglas, Salt'Lake City, Utah.

Preservation of Wilderness Areas

PRESERVATION OF WILDERNESS AREAS

The Wilderness Act of 1964 established procedures forthe identification and protection of Federally ownedlands of unique natural value under a system of wilder-ness areas. The Act itself established 54 such areas,and 35 were subsequently added, totaling more than10 million acres.

In his 1971 Wilderness Message, the President endorsedall 13 areas proposed to the Congress by the previousAdministration and proposed 14 new areas. Subsequently,four other areas werE- proposed by the Administration.Two of -_:hese 31 proposed areas have been designated aswilderne.-ss by the Conress; the remaining 29, compris-ing seva=a1 mrnion acres, remain under Congressionalconsideration.

The PrasidentLs Promnsl

In his 2.972 Massage n the Environment, the P,rlentprcmosed 18 new areaa. N4721-zh would add :another 3 -mil-

li= acres to the wtfd-z=ness system. Eight are withinNatal Forests, four are within National Parks, andsix are within National Wildlife Refuges. The propos-als and their acreages are as follows: Weminuche Area,in the San Juan.and Rio Grande National Forests, Colo-rado, 346,833 acres; Eagles Nest Area, in the Arapahoeand White River National Forests, Colorado, 87,755acres; Emigrant Area, in the Stanislaus National For-est, California, 105076 acres; Agua Tibia Area, in theCleveland National Forest, California, 11,920 acres;Mission Mountains Area, in the Flat Head National For-est, Montana, 73,207 acres; Glacier Area, in theShoshone National Forest, Wyoming, 182,510 acres; BlueRange Area, in the Apache National Forest, Arizona andNew Mexico, 177,239 acres; Aldo. Leopold Area in theGila National"Forest, New Mexico, 188,095 acres; partof the St. Marks National Wildlife Refuge, Florida,17,746 acres; part of the Wolf Island National WildlifeRefuge, Georgia, 4,168 acres; part of the MoosehornNational Wildlife Refuge, Maine, 4,598 acres; part ofthe San Juan Islands National Wildlife Refuge, Washing-ton, 355 acres; part of the Cape Romaine National Wild-life Refuge," South Carolina, 28,000 acres; part of the

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Bosque del Apa National Wildlife Refuge, New Mexico,32,500 acres; part of the Bryce Canyon National Park,Utah, 16,303 acres; part of the Black Canyon NationalMonument, Colorado, 8,780 acres; part of the ColoradoNational Monument, Colorado, 7,700 acres; and part ofthe Chiricahua National Park, Arizona, 6,925 acres.The total is 1,300,510 acres.

As part of his 1972 Message, the President also direc-t -d the Secretaries Agriculture and the Interior toaccelerate the ident-Lication of areas in the EasternUnited States havingwL1derness potential, in order toirl:rease the opportun±i-H for wilderness experiencewiibin the regions wlEr.= most of our people live.

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Off-Road Vehicles

EXECUTIVE ORDER 11644USE OF OFF-ROAD VEHICLES ON THE PUBLIC .LANDS

February 8, 1972

An estimated 5 million off-road recreationalvehicles - motorcycles, minibikes, trail bikes, snow-mobiles, dunebuggis, all-terrain vehicles, and others -are in use in the United States today, and their popu-larity continues to increase rapidly. The widespreaduse of such vehicles on the public lands - often forlegitimate purposes but also in frequent conflict withwise land and resource management practices, environ-mental values, and other types of recreational activity -has demonstrated the need for a unified Federal policytoward the use of such vehicles on the public lands.

NOW, THEREFORE, by virtue of the authority vested inme as President of the United States by the Constitutionof the United States and in furtherance of the purposeand policy of the National Environmental Policy Act of1969 (42 U.S.C. 4321), it is hereby ordered as follows:SECTION 1. PURPOSE.

It is the purpose of this order to establish policiesand provide for procedures that will ensure that the useof off-road vehicles on public lands will be controlledand directed so as to protect the resources of thoselands, to promote the safety of all users of those lands,and to minimize conflicts among the various uses ofthose lands.SECTION 2. DEFINITIONS.

As used in this order, the term:(1) "public lands'' means (A) all lands under the

custody and control of the Secretary of the Interior andthe Secretary of Agriculture, except Indian lands, (B)

lands under the custody and control of the TennesseeValley Authority that are situated in western Kentuckyand Tennessee and are designated as "Land Between theLakes," and (C) lands under the custody and control ofthe Secretary of Defense;

(2) "respective agency head" means the Secretary ofthe Interior, the Secretary of Defense, the Secretary ofAgriculture, and the Board of Directors of the TennesseeValley Authority, with respect to public lands under thecustody and control of each;

(3) "off-road vehicle" means any motorized vehicledesigned for or capable of cross-country travel on or

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immediately. over land, water, sand, snow, ice, marsh,swampland, or other natural terrain; except that suchterm excludes (A) any registered motorboat, (B) anymilitary, fire, emergency, or law enforcement vehiclewhen used for emergency purposes, and (C) any vehicleWhose use is expressly authorized by the respectiveagency head under a permit, lease, license, or con-tract; and

(4) "official use" means use by an employee, agent,or designated representative of the Federal Governmentor one of its contractors in the course of his employ-ment, agency, or representation.SECTION 3. ZONES OF USE.

(a) Each respective agency head shall develop andissue regulations and administrative instructions, with-in six months of the date of this order, to provide foradministrative designation of the specific areas andtrails on public lands on which the use cf off-roadvehicles may be permitted, and areas in which the useof off-road vehicles may not be permitted, and set adate by which such designation of all public landsShall be completed. Those regulations shall directthat the designation of such areas, ,and trails will bebased upon the protection of the resources of the publiclands, promotion of the safety of all users of those.lands, and minimization of conflicts among the varioususes of those lands. The regulations shall furtherrequire that the designation of such areas and trailsshall be in accordance with the following -

(1) Areas and trails shall be located to minimizedamage to soil, watershed, vegetation, or other re-sources of the public lands.

(2) Areas and trails shall be located to minimizeharassment of wildlife or significant disruption ofwildlife habitats.

(3) Areas and trails shall be located to minimizeconflicts between off-road vehicle use and otherexisting or proposed recreational uses of the same orneighboring public lands, and to ensure the compati-bility of such uses with existing conditions in popu-lated areas, taking into account noise and otherfactors.

(4) Areas and trails shall not be located inofficially designated Wilderness Areas or PrimitiveAreas. Areas and trails shall be located in areas of

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the National Park system, Natural Areas, or NationalWildlife Refuges and Game Ranges only if the respectiveagency head determines that off-road vehicle use in suchlocations will not adversely affect their natural,aesthetic, or scenic values.

(b) The respective agency head shall ensure adequateopportunity for public participation in the promulgationof such regulations and in the designation of areas andtrails under this section.

(c) The limitations on off-road vehicle use imposedunder this section shall not apply to official use.SECTION 4. OPERATING CONDITIONS.

Each respective agency head shall develop and pub-lish, within one year of the date of this order, regula-tions prescribing operating conditions for off-roadvehicles on the public lands. These regulations shallbe directed at protecting resource values, preservingpublic health, safety, and welfare, and minimizing useconflicts.SECTION 5. PUBLIC INFORMATION.

The respective agency head shall ensure that areasand trails where off-road vehicle use is permitted arewell marked and shall provide for the publication anddistribution of information, including maps, describingsuch areas and trails and explaining the conditions onvehicle use. He shall seek cooperation of relevantState agencies in the dissemination of this information.SECTION 6. ENFORCEMENT.

The respective agency head shall, where authorizedby law, prescribe appropriate penalties for violatioof regulations adopted pursuant to this order, andshall establish procedures for the enforcement of thoseregulations. To the extent permitted by law, he mayenter into agreements with State or local governmentalagencies for cooperative enforcement of laws and regu-lations relating to off-road vehicle use.SECTION 7. CONSULTATION.

Before issuing the regulations or administrative in-structions required by this order or designating areasor trails as required by this order and those regula-tions and administrative instructions, the Secretaryof the Interior shall, as appropriate, consult withthe Atamic Energy Commission.SECTION 8. MONITORING OF EFFECTS AND REVIEW.

(a) The respective agency head shall monitor the

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effects of the use of off-road vehicles on lands undertheir jurisdictions. On the basis of the informationgathered, they shall from time to time amend or rescinddesignations of areas or other actions taken pursuantto this order as necessary to further the policy ofthis order.

(b) The Council on Environmental Quality shallmaintain a continuing review of the implementation ofthis order.

The White HouseFebruary 8, 1972

RICHARD NIXON

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,ited Nations Fund

for the Environment

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UNITED NATIONS FUND FOR THE ENVIRONMENT

The United Nations Conference on the Human Environment,

to be held in Stoc"nolm, Sweden, in June of this year,

will mark an important forward step in cooperativeinternational efforts to deal with environmental degrad-ation in all parts of the world.

Many aspects of international environmental problemswill be examined at the Conference, particularly pro-blems that are inherently international, such asmonitoring and reducing pollutants in the earth'soceans and atmosphere and dealing with the interna-tional trade effects of national pollution controlprograms. The Conference should lead to needed in-ternational arrangements for environmental protectionprograms and for coordination of efforts among existinginternational organizations.

The President's Proposal

In order to help provide the United Nations with in-

creased capabilities for environmental protectionactivities following the Stockholm Conference, thePresident has proposed that a voluntary United NationsFund for the Environment be established, with aninitial funding goal of $100 million for the first fiveyears.

As programs are undertaken, member nations may decidethat additional resources are required. If such aFund is established, the President will recommend tothe Congress that the United States commit itselfto provide its fair share of the fund over the 5-yearperiod. The President has invited other nations tojoin the United States in this commitment to meaning-ful action.

New machinery will be required within the United Nationsto accordinate ongoing environmental activities and toadminister the Fund. The Stockholm Conference couldmake a recommendation as to the nature of such madhineryto the United Nations General Assembly for adoption atits 27th session in the fall of 1972.

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Marine Pollution

225 .7240Z 6

MAkINE POLLUTION

The general public is well aware of the sudden and sub-stantial threats to marine life and shorelands that maybe posed by spills of oil and hazardous substances fromvessels at sea. Less dramatic, but no less important,are the thousands of smaller spills and discharges ofoil and the dumping into the oceans of materials rang-ing from small amounts of toxic substances to sewagesludge from municipalities. Unilateral national actionalone is inadequate to deal effectively with theseproblems, whether their cause is accidental or inten-tional. A substantial beginning has been made inter-nationally, largely through the Inter-GovernmentalMaritime Consultative Organization (IMCO), but furtheractions are needed, such as ratification and implemen-tation of several conventions.

Limitations on discharge of oil into ocean waters,which occurs during such normal tanker operations ascleaning oily ballast tanks at sea, have been providedsince 1954 through the IMCO Oil Pollution Convention ofthat year. The terms of this Convention have beenstrengthened periodically as technology has developedand as increased tanker trade in oil has intensifiedthe intentional discharge problem.

IMCO has adopted three separate amendments to the 1954Oil Pollution Convention. The 1969 amendments wouldtighten considerably the limitations on intentionaldischarges. These amendments would require tankers touse careful load-on-top procedures in handling dirtyballast. One of the 1971 amendments would extend theflat no-discharge limitation afforded coastal areasunder the 1954 Convention, as amended previously, toAustralia's Great Barrier Reef. Another set of 1971amendments to the 1954 Convention would establish tank 'sizelimitations and construction requirements in order tominimize damage to the marine environment from oilspills in the event of tanker collision or grounding.

Two additional conventions, the 1969 International Con-vention on Civil Liability for Oil Pollution Damage andthe 1971 International Convention on the Establishmentof a Fund for Compensation of Oil Pollution Damage,

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would provide compensation to victims damaged by oilspills. The 1969 Civil Liability Convention wouldplace strict liability on the vessel owner up to afixed limit. The 1971 Compensation Fund Convention, tobe supported by contributions from oil cargo receivers,would more than double the amounts available for com-pensating victims under the 1969 Convention, would con-siderably expand its coverage, and would condition theoperation of provisions benefiting shipowners on theircompliance with pollution prevention standards.Finally, the 1969 Convetion Relating to Intervention onthe High Seas establishes a nation's right to take suchmeasures on the high seas as are necessary to amelior-ate danger to its territory and territorial seas frompollution, actual or threatened, arising from a marinecasualty.

On September 20, 1971, at the President's request, theSenate gave its advice and consent to the 1969 Inter-vention Convention and to the 1969 amendments to the1954 Oil Pollution Convention.

The President's Proposals

Besides seeking final adoption of the pending "firstround" of marine pollution conventions and amendments,the United States is actively promoting a second andmore sophisticated round of agreements in this area.In November 1970, Secretary of Transportation Volpeproposed to NATO's Committee on the Challenges ofModern Society (CCMS) that NATO nations achieve by1975, or at least by the end of the decade, a completehalt to intentional discharge of oil and oily wastes byvessels. This proposal was adopted by CCMS and wasthen put on the agenda for action by IMCO. Presentlywe are preparing for a 1973 IMCO conference to draftthe convention barring intentional discharges to thesea of oil and hazardous substances from ships.

Marine pollution has also been a top priority item inthe preparatory work for the 1972 U.N. Conference onthe Human Environment. At the first preparatory work-ing group session on marine pollution, the U.S. tableda draft convention on ocean dumping of shore-generatedwastes. Work on a dumping convention draft continues,

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with the next negotiating session scheduled for Reyka-vik, Iceland, in April. The draft may not be suffi-ciently developed for final adoption at the 1972 U.N.Conference. In that event, IMCO has scheduled workingsessions to conclude the effort.

In conjunction with the Law of the Sea Conferencescheduled for 1973, we are examining measures to con-trol the effects of developing undersea resources. In

August 1970, the U.S. introduced in the U.N. SeabedCommittee a Draft United Nations Convention on theInternational Seabed Area. This draft would establishan international authority called the InternationalSeabed Resource Authority, which would control theeffects of seabed development and deal with such mat-ters as creation of international marine parks andpreserves.

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U.S. GOVERNMENT PRINTING OFFICE:1972-0-459-5134