42 U.S.C. § 1962b — Creation of commissions; powers and du-

Page 5193 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1962b Statutory Notes and Related Subsidiaries REFERENCES IN OTHER LAWS TO GS–16, 17, OR 18 PAY RATES References in laws to the rates of pay for GS–16, 17, or 18, or to maximum rates of pay under the General Schedule, to be considered references to rates payable under specified sections of Title 5, Government Organi- zation and Employees, see section 529 [title I, § 101(c)(1)] of Pub. L. 101–509, set out in a note under section 5376 of Title 5. SUBCHAPTER II—RIVER BASIN COMMISSIONS § 1962b. Creation of commissions; powers and du- ties (a) The President is authorized to declare the establishment of a river basin water and related land resources commission upon request there- for by the Council, or request addressed to the Council by a State within which all or part of the basin or basins concerned are located if the request by the Council or by a State (1) defines the area, river basin, or group of related river basins for which a commission is requested, (2) is made in writing by the Governor or in such manner as State law may provide, or by the Council, and (3) is concurred in by the Council and by not less than one-half of the States with- in which portions of the basin or basins con- cerned are located and, in the event the Upper Colorado River Basin is involved, by at least three of the four States of Colorado, New Mex- ico, Utah, and Wyoming or, in the event the Co- lumbia River Basin is involved, by at least three of the four States of Idaho, Montana, Oregon, and Washington. Such concurrences shall be in writing. (b) Each such commission for an area, river basin, or group of river basins shall, to the ex- tent consistent with section 1962–1 of this title— (1) serve as the principal agency for the co- ordination of Federal, State, interstate, local and nongovernmental plans for the develop- ment of water and related land resources in its area, river basin, or group of river basins; (2) prepare and keep up to date, to the extent practicable, a comprehensive, coordinated, joint plan for Federal, State, interstate, local and nongovernmental development of water and related resources: Provided, That the plan shall include an evaluation of all reasonable alternative means of achieving optimum de- velopment of water and related land resources of the basin or basins, and it may be prepared in stages, including recommendations with re- spect to individual projects; (3) recommend long-range schedules of prior- ities for the collection and analysis of basic data and for investigation, planning, and con- struction of projects; and (4) foster and undertake such studies of water and related land resources problems in its area, river basin, or group of river basins as are necessary in the preparation of the plan described in clause (2) of this subsection. (Pub. L. 89–80, title II, § 201, July 22, 1965, 79 Stat. 246.) Executive Documents EXECUTIVE ORDER NO. 11331 Ex. Ord. No. 11331, Mar. 6, 1967, 32 F.R. 3875, as amend- ed by Ex. Ord. No. 11613, Aug. 2, 1971, 36 F.R. 14299; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, which provided for the establishment, jurisdiction, functions, etc., of the Pa- cific Northwest River Basins Commission, was revoked, effective Oct. 1, 1981, by section 5(a)(1) of Ex. Ord. No. 12319, Sept. 9, 1981, 46 F.R. 45591, set out below. EXECUTIVE ORDER NO. 11345 Ex. Ord. No. 11345, Apr. 20, 1967, 32 F.R. 6329, as amended by Ex. Ord. No. 11613, Aug. 2, 1971, 36 F.R. 14299; Ex. Ord. No. 11646, Feb. 8, 1972, 37 F.R. 2925; Ex. Ord. No. 11882, Oct. 6, 1975, 40 F.R. 46293; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, which provided for the establish- ment, jurisdiction, functions, etc., of the Great Lakes Basin Commission, was revoked, effective Oct. 1, 1981, by section 5(a)(2) of Ex. Ord. No. 12319, Sept. 9, 1981, 46 F.R. 45591, set out below. EXECUTIVE ORDER NO. 11359 Ex. Ord. No. 11359, eff. June 20, 1967, 32 F.R. 8851, as amended by Ex. Ord. No. 11613, eff. Aug. 2, 1971, 36 F.R. 14299; Ex. Ord. No. 11635, eff. Dec. 9, 1971, 36 F.R. 23615, which established the Souris-Red-Rainy Basins Com- mission, was superseded by Ex. Ord. No. 11737, Sept. 7, 1973, 38 F.R. 24883, formerly set out below. EXECUTIVE ORDER NO. 11371 Ex. Ord. No. 11371, Sept. 6, 1967, 32 F.R. 12903, as amended by Ex. Ord. No. 11528, Apr. 24, 1970, 35 F.R. 6695; Ex. Ord. No. 11613, Aug. 2, 1971, 36 F.R. 14299; Ex. Ord. No. 11707, Mar. 12, 1973, 38 F.R. 6877; Ex. Ord. No. 11882, Oct. 6, 1975, 40 F.R. 46293; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, which provided for the establishment, juris- diction, functions, etc., of the New England River Ba- sins Commission, was revoked, effective Oct. 1, 1981, by section 5(a)(3) of Ex. Ord. No. 12319, Sept. 9, 1981, 46 F.R. 45592, set out below. EXECUTIVE ORDER NO. 11578 Ex. Ord. No. 11578, Jan. 13, 1971, 36 F.R. 683, as amend- ed by Ex. Ord. No. 11882, Oct. 6, 1975, 40 F.R. 46293; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, which provided for the establishment, jurisdiction, functions, etc., of the Ohio River Basin Commission, was revoked, effective Oct. 1, 1981, by section 5(a)(4) of Ex. Ord. No. 12319, Sept. 9, 1981, 46 F.R. 45592, set out below. EXECUTIVE ORDER NO. 11613 Ex. Ord. No. 11613, Aug. 2, 1971, 36 F.R. 14299, which provided for membership of the Environmental Protec- tion Agency on the Pacific Northwest River Basins Commission, the Great Lakes Basin Commission, the Souris-Red-Rainy River Basins Commission, and the New England River Basins Commission, was omitted in view of the revocation of Ex. Ord. Nos. 11331, 11345, 11359, and 11371, which provided for the establishment, jurisdiction, functions, etc., of the Pacific Northwest River Basins Commission, the Great Lakes Basin Com- mission, the Souris-Red-Rainy River Basins Commis- sion, and the New England River Basins Commission, respectively. See notes set out above. EXECUTIVE ORDER NO. 11658 Ex. Ord. No. 11658, Mar. 22, 1972, 37 F.R. 6045, as amended by Ex. Ord. No. 11882, Oct. 6, 1975, 40 F.R. 46293; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, which provided for the establishment, jurisdiction, functions, etc., of the Mis- souri River Basin Commission, was revoked, effective Oct. 1, 1981, by section 5(a)(5) of Ex. Ord. No. 12319, Sept. 9, 1981, 46 F.R. 45592, set out below. Page 5194 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1962b–1 EXECUTIVE ORDER NO. 11659 Ex. Ord. No. 11659, Mar. 22, 1972, 37 F.R. 6047, as amended by Ex. Ord. No. 11737, Sept. 7, 1973, 38 F.R. 24883; Ex. Ord. No. 11882, Oct. 6, 1975, 40 F.R. 46293; Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239, which provided for the establishment, jurisdiction, functions, etc., of the Upper Mississippi River Basin Commission, was re- voked, effective Jan. 1, 1982, by section 5(b) of Ex. Ord. No. 12319, Sept. 9, 1981, 46 F.R. 45592, set out below. EXECUTIVE ORDER NO. 11737 Ex. Ord. No. 11737, Sept. 7, 1973, 38 F.R. 24883, which provided for the enlargement of the Upper Mississippi River Basin Commission, transferred all funds, prop- erty, etc., of the Souris-Red-Rainy River Basins Com- mission to the Upper Mississippi River Basin Commis- sion, and superseded Ex. Ord. Nos. 11359 and 11635, was omitted in view of the revocation of Ex. Ord. No. 11659, which established the Upper Mississippi River Basin Commission and provided for its jurisdiction, func- tions, etc. See note set out above. EXECUTIVE ORDER NO. 11882 Ex. Ord. No. 11882, Oct. 6, 1975, 40 F.R. 46293, relating to membership of the Energy Research and Develop- ment Administration on established river basin com- missions, was omitted pursuant to Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, set out as a note under section 7151 of this title. EX. ORD. NO. 12319. TERMINATION OF CERTAIN RIVER BASIN COMMISSIONS Ex. Ord. No. 12319, Sept. 9, 1981, 46 F.R. 45591, pro- vided: By the authority vested in me as President by the Constitution and laws of the United States, in order to ensure the orderly termination of the six river basin commissions established pursuant to the Water Re- sources Planning Act (42 U.S.C. 1962 et seq.), it is here- by ordered as follows: SECTION 1. In accord with the decision of the Water Resources Council pursuant to Section 203(a) of the Water Resources Planning Act (42 U.S.C. 1962b–2(a)), the following river basin commissions shall terminate on the date indicated: (a) Pacific Northwest River Basins Commission, ter- minated on September 30, 1981. (b) Great Lakes Basin Commission, terminated on September 30, 1981. (c) Ohio River Basin Commission, terminated on Sep- tember 30, 1981. (d) New England River Basins Commission, termi- nated on September 30, 1981. (e) Missouri River Basin Commission, terminated on September 30, 1981. (f) Upper Mississippi River Basin Commission, termi- nated on December 31, 1981. SEC. 2. All Federal agencies shall cooperate with the commissions and the member States to achieve an or- derly close out of commission activities and, if the member States so elect, to carry out an orderly transi- tion of appropriate commission activities to the mem- ber States. SEC. 3. To the extent permitted by law, the assets of the commissions which the Federal Government might otherwise be entitled to claim are to be transferred to the member States of the commissions, or such entities as the States acting through their representatives on the commissions may designate, to be used for such water and related land resources planning purposes as the States may decide among themselves. The terms and conditions for transfer of assets under this Section shall be subject to the approval of the Director of the Office of Management and Budget, or such Federal agency as he designates, before the transfer is effective. SEC. 4. Federal agency members of river basin com- missions are directed to continue coordination and co- operation in future State and inter-State basin plan- ning arrangements. SEC. 5. (a) Effective October 1, 1981, the following Ex- ecutive Orders are revoked: (1) Executive Order No. 11331, as amended, which es- tablished the Pacific Northwest River Basins Commis- sion. (2) Executive Order No. 11345, as amended, which es- tablished the Great Lakes Basin Commission. (3) Executive Order No. 11371, as amended, which es- tablished the New England River Basins Commission. (4) Executive Order No. 11578, as amended, which es- tablished the Ohio River Basin Commission. (5) Executive Order No. 11658, as amended, which es- tablished the Missouri River Basin Commission. (b) Effective January 1, 1982, Executive Order No. 11659, as amended, which established the Upper Mis- sissippi River Basin Commission, is revoked. RONALD REAGAN. § 1962b–1. Membership of commissions; appoint- ment of chairman Each river basin commission shall be com- posed of members appointed as follows: (a) A chairman appointed by the President who shall also serve as chairman and coordi- nating officer of the Federal members of the commission and who shall represent the Federal Government in Federal-State relations on the commission and who shall not, during the period of his service on the commission, hold any other position as an officer or employee of the United States, except as a retired officer or retired ci- vilian employee of the Federal Government; (b) One member from each Federal department or independent agency determined by the Presi- dent to have a substantial interest in the work to be undertaken by the commission, such mem- ber to be appointed by the head of such depart- ment or independent agency and to serve as the representative of such department or inde- pendent agency; (c) One member from each State which lies wholly or partially within the area, river basin, or group of river basins for which the commis- sion is established, and the appointment of each such member shall be made in accordance with the laws of the State which he represents. In the absence of governing provisions of State law, such State members shall be appointed and serve at the pleasure of the Governor; (d) One member appointed by any interstate agency created by an interstate compact to which the consent of Congress has been given, and whose jurisdiction extends to the waters of the area, river basin, or group of river basins for which the river basin commission is created; (e) When deemed appropriate by the President, one member, who shall be appointed by the President, from the United States section of any international commission created by a treaty to which the consent of the Senate has been given, and whose jurisdiction extends to the waters of the area, river basin, or group of river basins for which the river basin commission is established. (Pub. L. 89–80, title II, § 202, July 22, 1965, 79 Stat. 247.) § 1962b–2. Organization of commissions (a) Commencement of functions; transfer of property, assets, and records upon termi- nation of commission; availability of studies, data, and other materials to participants Each river basin commission shall organize for the performance of its functions within ninety