42 U.S.C. § 1962a — Establishment; composition; other Fed-

Page 5191 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1962a–2 under section 2201 of Title 33, Navigation and Navigable Waters. SUBCHAPTER I—WATER RESOURCES COUNCIL § 1962a. Establishment; composition; other Fed- eral agency participation; designation of Chairman There is hereby established a Water Resources Council (hereinafter referred to as the ‘‘Coun- cil’’) which shall be composed of the Secretary of the Interior, the Secretary of Agriculture, the Secretary of the Army, the Secretary of Com- merce, the Secretary of Housing and Urban De- velopment, the Secretary of Transportation, the Administrator of the Environmental Protection Agency, and the Secretary of Energy. The Chair- man of the Council shall request the heads of other Federal agencies to participate with the Council when matters affecting their respon- sibilities are considered by the Council. The Chairman of the Council shall be designated by the President. (Pub. L. 89–80, title I, § 101, July 22, 1965, 79 Stat. 245; Pub. L. 94–112, § 1(a), Oct. 16, 1975, 89 Stat. 575; Pub. L. 95–91, title III, § 301(b), title VII, §§ 703, 707, Aug. 4, 1977, 91 Stat. 578, 606, 607.) Editorial Notes AMENDMENTS 1975—Pub. L. 94–112 included in the membership of the Water Resources Council, the Secretaries of Com- merce, Housing and Urban Development, and Transpor- tation and the Administrator of the Environmental Protection Agency, and terminated the membership for the Secretary of Health, Education, and Welfare. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS ‘‘Secretary of Energy’’ substituted for ‘‘Chairman of the Federal Power Commission’’ in text pursuant to sections 301(b), 703, and 707 of Pub. L. 95–91, which are classified to sections 7151(b), 7293, and 7297 of this title, and which terminated the Federal Power Commission and transferred its functions and functions of Chairman thereof (with certain exceptions) to the Secretary of Energy. NATIONAL WATER COMMISSION Pub. L. 90–515, Sept. 26, 1968, 82 Stat. 868, provided for establishment of National Water Commission, its mem- bership, chairman, compensation, powers, duties, and functions, required Commission to review national water resource problems and submit interim and final reports, and provided that Commission terminate no later than five years from Sept. 26, 1968. § 1962a–1. Powers and duties The Council shall— (a) maintain a continuing study and prepare an assessment biennially, or at such less fre- quent intervals as the Council may determine, of the adequacy of supplies of water necessary to meet the water requirements in each water resource region in the United States and the national interest therein; and (b) maintain a continuing study of the rela- tion of regional or river basin plans and pro- grams to the requirements of larger regions of the Nation and of the adequacy of administra- tive and statutory means for the coordination of the water and related land resources poli- cies and programs of the several Federal agen- cies; it shall appraise the adequacy of existing and proposed policies and programs to meet such requirements; and it shall make rec- ommendations to the President with respect to Federal policies and programs. (Pub. L. 89–80, title I, § 102, July 22, 1965, 79 Stat. 245.) § 1962a–2. Principles, standards, and procedures for Federal projects (a) Establishment, consultation, revision The Council shall establish, after such con- sultation with other interested entities, both Federal and non-Federal, as the Council may find appropriate, and with the approval of the President, principles, standards, and procedures for Federal participants in the preparation of comprehensive regional or river basin plans and for the formulation and evaluation of Federal water and related land resources projects. Such procedures may include provision for Council re- vision of plans for Federal projects intended to be proposed in any plan or revision thereof being prepared by a river basin planning commission. (b) Economic evaluation; primary criterion The Council shall develop standards and cri- teria for economic evaluation of water resource projects. For the purpose of those standards and criteria, the primary direct navigation benefits of a water resource project are defined as the product of the savings to shippers using the wa- terway and the estimated traffic that would use the waterway. ‘‘Savings to shippers’’ means the difference between (1) the freight rates or charges prevailing at the time of the study for the movement by the alternative means, and (2) those which would be charged on the proposed waterway. Estimated traffic that would use the waterway will be based on those freight rates, taking into account projections of the economic growth of the area. (Pub. L. 89–80, title I, § 103, July 22, 1965, 79 Stat. 245; Pub. L. 97–449, § 4(a), Jan. 12, 1983, 96 Stat. 2441.) Editorial Notes AMENDMENTS 1983—Pub. L. 97–449 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries COMPUTATION OF PRICES FOR AGRICULTURAL COMMOD- ITIES FOR USE IN EVALUATION OF WATER RESOURCES DEVELOPMENT PROJECTS Pub. L. 100–460, title VI, § 632, Oct. 1, 1988, 102 Stat. 2262, provided that: ‘‘Hereafter, none of the funds ap- propriated in this or any other Act shall be used to alter the method of computing normalized prices for agricultural commodities for use by any Federal agen- cy in evaluating water resources development projects to be undertaken in whole or in part with Federal funds that was in effect as of January 1, 1986.’’ Similar provisions were contained in Pub. L. 100–202, § 101(k) [title VI, § 634], Dec. 22, 1987, 101 Stat. 1329–322, 1329–357.