if we are to monitor them more effectively, predict their actions and ultimately exercise some control over them. In this connection, he noted that although the global oceans constitute nearly three-fourths of the surface of our planet, they are today the least-understood, the least-developed and the least-protected part of the earth, and that we face a compelling need for exploration and development leading to the intelligent use of our marine resources.

Elaborating further, the President stated that food from the oceans will increasingly be a key element in the world's fight against hunger, the mineral resources of the ocean beds, and of the oceans themselves are being increasingly tapped to meet growing world demand, and that it was necessary to understand the nature of these resources, and assure their development, without either contaminating the marine environment or upsetting its balance.

Addressing himself to the need for a unified approach to the oceans and the atmosphere by establishing a National Oceanic and Atmospheric Administration (NOAA), the President said:

"Scattered through various Federal departments and agencies, we already have the scientific, technological, and administrative resources to make an effective, unified approach possible. What we need is to bring them together. Establishment of NOAA would do so.

"Establishment of the National Oceanic and Atmospheric Administration-NOAA within the Department of Commerce would enable us to approach these tasks in a coordinated way. By employing a unified approach to the problems of the oceans and atmosphere, we can increase our knowledge and expand our opportunities not only in those areas, but in the third major component of our environment, the solid earth, as well."

MAJOR FUNCTIONS TO BE TRANSFERRED

The principal oceanic and atmospheric functions and programs to be transferred to the Secretary of Commerce, and the agencies now having responsibility for them, are summarized below:

1. From the Department of the Interior

(a) all of the functions vested by law in the Bureau of Commercial Fisheries, or in its head, together with all of the functions vested by law in the Secretary or the Department of the Interior which are administered through or primarily related to that (fishery activities of the Fish and Wildlife Service which are ocean-related and those which are directed toward commercial fishing, including the strengthening of the fishing industry, promotion of fishery stocks, research on important marine species and on fundamental oceanography and the operation of a fleet of oceanographic vessels and laboratories). Specifically excluded from transfer by the Plan are those functions relative to (1) Great Lakes fishery research and activities related to the Great Lakes Fisheries Commission, (2) Missouri River Reservoir research, (3) the Gulf Breeze Biological Laboratory of the Bureau of Commercial Fisheries at Gulf Breeze, Florida, and (4) TransAlaska pipeline investigations;

(b) the functions vested in the Secretary of the Interior by the Act of September 22, 1959 (P.L. 86-359) relative to migratory species of game fish, which involve the marine sport fishing program and continuous research and studies of migratory marine fish of interest to recreational fishermen, and the transfer of five supporting laboratories and three ships engaged in activities designed to enhance sport fishing opportunities;

(c) the functions vested by law in the Secretary or the Department of the Interior, or in any officer or instrumentality thereof, which are administered through the Marine Minerals Technology Center of the Bureau of Mines. These involve the development of marine mining technology and fostering the growth of a U.S. industry-owned marine mining industry;

2. From the National Science Foundation

All of the functions vested in the National Science Foundation by the National Sea Grant College and Program Act of 1966, as amended, which involves strengthening research, education and training of marine specialists in oceanography through Federal grants to academic and industrial communities in developing marine resources and technology; and

3. From the Department of Defense (Department of the Army)

Those functions vested in the Secretary of Defense, or any officer, employee or organization entity of the Department, under Public Law 91-144, which are

assigned to the Corps of Engineers, Department of the Army, relative to the U.S. Great Lakes Survey. These functions involve the preparation and publication of navigation charts of the Great Lakes and tributary waters, and the conduct of research on a variety of hydraulic and hydrologic phenomena of the waters of the Great Lakes.

The additional functions, programs and elements to be transferred by executive action, following the establishment of NOAA, are as follows:

1. From the Department of the Navy

(a) the National Oceanographic Data Center, which is responsible for the collection and dissemination of oceanographic data accumulated by all Federal agencies; and

(b) the National Oceanographic Instrumentation Center which provides a central Federal service for the calibration and testing of oceanographic instruments.

2. From the Department of Transportation (U.S. Coast Guard)

The National Data Buoy Development Project, established to determine the feasibility of deploying a system of automatic ocean buoys to obtain oceanic and atmospheric data.

SUMMARY OF THE ROLE AND PRINCIPAL FUNCTIONS OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

The basic mission of NOAA is to organize a unified approach to the problems of the ocean and the atmosphere and to create a focal point within the civilian sector of the Federal Government for this purpose. Although each of the units which will comprise NOAA presently carries out oceanic and atmospheric functions, according to its principal mission, the lack of overall planning and systems approach has resulted in an impetus toward oceanic affairs which has not fully met the Nation's needs and requirements.

According to that portion of the President's message which deals with Plan No. 4, NOAA is expected to (1) exercise leadership in developing a national oceanic and atmospheric program of research and development; (2) coordinate its own scientific and technical resources with the technical and operational capabilities of other government agencies and private institutions; (3) provide technical and operational services to other agencies of government, industry and private institutions which have become essential to the efficient operation of our transportation systems, our agriculture and our national security; and (4) maintain continuing and close liaison with the new Environmental Protection Agency and the Council on Environmental Quality as part of an effort to insure that environmental questions are dealt with in their totality and that they benefit from the full range of the government's technical and human resources.

By assuming the functions of the Environmental Science Service Administration (ESSA), the National Oceanic and Atmospheric Administration's responsibilities will include observing and predicting the state of the oceans, the state of the lower and upper atmosphere and the size and shape of the earth. It will also maintain the Nation's warning systems for such natural hazards as hurricanes, tornadoes, floods, earthquakes and seismic sea waves, and provide information for national defense, agriculture, transportation and industry. In addition, it will monitor atmospheric, oceanic and geophysical phenomena on a global basis through an unparalleled complex of air, ocean, earth and space facilities, and prepare aeronautical and marine maps and charts.

BENEFITS EXPECTED TO BE DERIVED FROM PLAN NO. 4 OF 1970

The President, in that portion of his message accompanying Plan No. 4 of 1970. discussed the advantages expected to be derived from the proposed reorganization. They are summarized, as follows:

1. It would make possible a balanced Federal program to improve our understanding of the resources of the sea, and permit their development and use while guarding against the sort of thoughtless exploitation which in the past has laid waste to so many of our precious natural assets.

2. It would make possible a consolidated program for achieving a more comprehensive understanding of oceanic and atmospheric phenomena, which so greatly affect our lives and activities.

3. It would facilitate the cooperation between public and private interests that can best serve the interests of all.

4. It would assist in the accomplishment of our ultimate objective which would be to insure that the Nation's environmental and resource protection activities are so organized as to maximize both the effective coordination of all and the effective functioning of each.

ADMINISTRATIVE AND BUDGETARY DATA

It is estimated that for fiscal year 1971, the National Oceanic and Atmospheric Administration will have an estimated 13,750 authorized positions and a budget of approximately $330 million. According to information furnished by the Office of Management and Budget, these figures may be compared with 13,784 authorized positions and a budget of slightly less than $244 million for these activities in fiscal year 1970. However, actual outlays for 1970 are expected to amount to $265 million.

As in the case of the Environmental Protection Agency, to be created by Plan No. 3 of 1970, the major portions of both funds and authorized positions do not represent new resources, but rather a transfer of existing resources, in terms of both personnel and funds, from those departments and agencies which are performing the functions which would be transferred to the proposed National Oceanic and Atmospheric Administration. Thus, in terms of positions, of the 13,750 requested for fiscal year 1971, 11,582 would be transferred from within the Department of Commerce (Environment Science Services Administration); 1,795 from the Department of the Interior; 7 from the National Science Foundation; 120 from the Department of Defense (Army); 53 from the Department of Transportation; and 188 from the Department of Defense (Navy).

Based upon total budget authority of $330,000,000 and 13,745 authorized positions for fiscal year 1971, approximately 76.1 percent of the funding and 84.2 percent of the authorized personnel are derived from the Environmenta Science Services Administration of the Department of Commerce; 14.1 percent of the funding and 13.0 percent of the personnel from the Department of the Interior; 3.9 percent of the funding and a negligible percentage of personnel from the National Science Foundation; 0.6 percent of the funding and 0.9 percent of the personnel from the Department of Defense (Army); 4.1 percent of the funding and 0.4 percent of the personnel from Department of Transportation (Coast Guard); and 1.0 percent of the funding and 1.3 percent of the personnel from the Department of Defense (Navy).

Approved :

JAMES R. CALLOWAY,

Chief Counsel and Staff Director.

ELI E. NOBLEMAN, Professional Staff Member.

Senator RIBICOFF. Our first witness is Senator Gaylord Nelson. We are delighted to have Senator Muskie with us today. Senator Muskie is one of the leaders, if not the first man in the Congress, who understood and devoted so much energy to the overall problems of pollution, and his leadership is acknowledged in this entire country and the world. Senator Nelson, too, has been in the forefront with great dedication and imagination. The day in April that was set aside was the brain child of Senator Nelson, and I consider fortunate that we have both Senator Nelson and Senator Muskie here today.

Senator Muskie, would you want to say something?

Would you want to make a few comments first?

Senator MUSKIE. No. I have a statement, but Senator Nelson has been waiting, and I think he ought to proceed, and then I would be happy to say something later on.

Senator RIBICOFF. Fine.

STATEMENT OF HON. GAYLORD NELSON, A U.S. SENATOR FROM

THE STATE OF WISCONSIN

Senator NELSON. Mr. Chairman, Senator Javits, Senator Muskie, I appreciate the opportunity to appear here today. I would ask that my

full statement be printed in the record, along with a couple of other documents which provide supplemental information.

Senator JAVITS. Senator, would you forgive me for just one observation?

Your committee and mine may need me for a quorum; so, you will forgive me, if, in the course, of your testimony, I have to leave? Senator NELSON. That is why I will read fast, Senator.

My remarks on Reorganization Plan No. 3, which creates an Environmental Protection Agency, will be brief.

PLAN NO. 3 FAVORED

I support EPA and commend the President for taking this step. It should mean a much tougher, better coordinated, more effective Federal policy in dealing with polluters. Furthermore, EPA, which is similar to proposals that have been made in Congress, is a logical foundation for further steps which must be taken for environmental control. An adequate budget and staff will be critical to EPA's success. My concern today is with Reorganization Plan No. 4, which proposes a National Oceanic and Atmospheric Administration in the Department of Commerce.

RESOLUTION TO REJECT PLAN NO. 4 FORTHCOMING

In my view, plan No. 4 leaves unanswered major, pressing questions about our oceans policies, and I intend to introduce a resolution today which would reject the plan.

My action regarding this proposal is not intended to be critical of the President. With his state of the Union message and the messages and proposals to Congress that have followed and with the other actions the administration has taken, the President has shown his deep interest and commitment to improving environmental quality, and his efforts merit the support of Congress and the Nation.

Further, the President may well be right in proposing plan No. 4, and later, after careful consideration of all the possibilities, I might support it. But, in my view, before an oceans agency in the Department of Commerce is established, Congress should thoroughly consider all of the ramifications not only of this proposal but of the numerous alternatives that have been proposed in high level reports and in legislation now pending in Congress.

The purpose of Reorganization Plan No. 4 at this time is not at all clear to me. Is it supposed to assist in developing the resources of the sea? Or is it supposed to protect them? Or is it to be another hybrid agency such as the Atomic Energy Commission which has had a great deal of trouble reconciling the development of nuclear power with the regulation of its consequences? In carefully reading the reorganization plan and the documents supporting it, I could not find a clear answer to any of these questions.

THE SEA IS AT STAKE

What is at stake in establishing this policy and deciding these matters is the last great undeveloped and probably least understood resource on earth-the sea. In my opinion, Reorganization Plan No. 4 just does not establish such a policy.

At the July 9 press conference announcing the reorganization plans, Mr. Russell Train, Chairman of the Council on Environmental Quality and an environmentalist for whom I have great respect, was asked why the new NOAA was not put in EPA. Mr. Train responded: "Because the new EPA is intended to focus on the control of pollution ***. Ocean programs, obviously, go far beyond that, development efforts of all sorts."

Asked essentially the same question, Mr Rocco Siciliano, Under Secretary of Commerce, responded:

As far as NOAA is concerned, let's make a comparison. One is a standard setting, enforcement type agency which needs independence and that is your EPA. The other is a research, development, protection and conservation function which we are doing already in the Commerce Department.

Frankly, these answers are confusing to me. If, as is now proposed, floating airports, like the one being discussed for Lake Michigan by the city of Chicago, are put in the ocean off some of our cities, who will be responsible for protecting the sea from the environmental consequences? Who will be responsible for environmental regulations on the 47 million tons of wastes-from industrial acids to junked autos-that are dumped in ocean waters off our coasts each year? Or for the hundreds of square miles of coastal wetlands that are being drained and filled for subdivisions and industry?

MARINE ENVIRONMENT RESPONSIBILITIES

The fact is marine environment responsibilities are scattered all over the Federal Government, or in instances are actually unassigned, and plan No. 4 does not remedy this.

Under the plan, offshore oil leasing remains in the Bureau of Land Management in the Department of the Interior and oil well regulation remains in the Department's Geological Survey. On the other hand, control of the environmental effects of offshore oil spills goes to EPA with the Federal Water Quality Administration. The U.S. Coast Guard, which has important marine pollution control enforcement responsibilities stays in the Department of Transportation. The Department of the Interior's marine fishery program, which has important marine environmental concerns among its other tasks, goes to the Department of Commerce.

Furthermore, plan No. 4 does little to resolve other major questions on the marine environment. The Corps of Engineers lets all kinds of waste dumping go on beyond the 3-mile limit off our coasts, because it is unsure of its authority in this area, and for inshore waters, the corps recently did not even know how many permits it had issued, Plan No. 4 does not deal with this serious inadequacy in Federal policy.

Responsibilities for protection of our estuaries and the inshore region of our coasts in other activities, such as wetlands development, are equally unclear, and plan No. 4 would not appear to resolve this matter. Responsibilities for regulating the environmental consequences of such developments as offshore airports and seaports are also unfixed. Yet, soon, we will be faced with the job of dealing with these matters.