| OCR Text |
Show separate, differing, and often conflicting statutory provisions constitutes the law applicable to pres- ent-day development. This "law" is thus a unit in name only. Here, suggestions will be made as to the vari- ations and conflicts that occur as this law is applied to river system developments comprising several structures and serving several purposes, all planned for and constructed and operated by sev- eral agencies. Collection of Basic Data.-The first step in any and all water resources development, the collec- tion of basic data, is one in which a great diversity in statutory authority need not result in practical difficulty. Here, specific statutory directives leave large areas of necessary data unmentioned. But broa<l and express authority exists in the Departments of Agriculture and Commerce for collection of data useful to commerce and agricul- ture generally, and also useful in water resources development. Moreover, all the resource agencies have authority, some express and some implied, to collect such data as may be required in the conduct of their statutory functions. Such wide- spread authority may perhaps foster duplication of effort. But the law is not blind to that possi- bility, for it often authorizes one agency to work for another. In at least two instances, it specifi- cally directs such cooperation. If there be shortcomings here, what the law may have failed to provide is specific and affirmative direction as to minimum objectives to be realized. Generally, it does not create obstacles to execution of the function. Program Development.-At the first stages be- yond the vital collection of basic data-in the developmeirt of plans and programs-the first adverse impact of diverse law may be noted. For here the Departments of Agriculture, the Army and the Interior, and the Federal Power Com- mission are all engaged in developing "compre- hensive plaos" for the water resources of the same river basins. Are the plans comparable in scope with needless repetition of effort? Or do they emphasize different phases of resource develop- ment so that any clash between alternative ob- jectives remains to be resolved even after the plans are complete? The actuality appears to be a little of both. For each agency has a "primary" statutory responsi- bility for a different resource activity, which nec- essarily molds the direction of its planning. Yet each seeks in some measure to incorporate other purposes in view of the applicable statutory recog- nition given to multiple uses and purposes. And even as to the other purposes which may be con- sidered, variation exists. For example, recreation has express statutory recognition only in the case of one of the three major construction agencies, the Army Engineers. Project Evaluation.-In the selection of proj- ects, different standards of evaluation apply for the same type of structure, the variations depend- ing upon whether the project is proposed under reclamation or other laws. Excepting those un- der Reclamation law, projects can be selected in terms of relative costs and benefits. Such express statutory provisions as exist so provide. Reclama- tion projects, however, must meet a statutory re- quirement that costs other than those allocable to flood control, navigation, and preservation and propagation of fish and wildlife, be repayable out of project revenues. This may require the selection of a project for which the excess of all project benefits over costs is actually less favorable than an alternate, but which meets the statutory test as to the reimburs- able portion of project costs. For if the alternate does not meet the statutory test, of course it could not be approved under existing law for construc- tion by the Bureau of Reclamation. No corres- ponding statutory test is prescribed for Army En- gineer projects. Review and Authorization of Plans and Proj- ects.-Variations among the planning agencies carry forward into the requirements as to review and authorization by Congress. Navigation and flood control projects of the Army Engineers generally require individualized authorization. Statutes have provided, however, many excep- tions to this general rule covering specified types of work. On the other hand, projects of the Bureau of Reclamation are deemed authorized, if certain conditions are met, upon submission of prescribed findings by the Secretary of the In- terior to the President and to Congress. But in 30O |
