Executive Order 11359—Establishment of the Souris-Red-Rainy River Basins Commission

WHEREAS the Water Resources Planning Act (hereinafter referred to as the Act, 79 Stat. 244, 42 U.S.C. 1962 et seq.) authorizes the President to declare the establishment of a river basin water and related land resources commission when a request for such a commission is addressed in writing to the Water Resources Council (hereinafter referred to as the Council) by the Governor of a State within which all or part of the basin or basins concerned are located and when such a request is concurred in by the Council and by not less than one-half of the States within which portions of the basin or basins concerned are located; and

WHEREAS the Council, by resolution adopted December 28, 1966, concurred in the requests of the Governors of the States of Minnesota and North Dakota to which the Governor of South Dakota has given his concurrence, and did itself request that the President declare the establishment of the Souris-Red-Rainy River Basins Commission under the provisions of section 201 of the Act; and

WHEREAS the requests of the Governors of the States of Minnesota and North Dakota and the resolution of the Council of December 28, 1966, together with written concurrence by the Governor of South Dakota, satisfy the formal requirements of section 201 of the Act; and

WHEREAS the Governors of the States of Minnesota and North Dakota have agreed to, and the Governor of South Dakota has concurred in, conditions relating to consolidation and termination of this Commission; and

WHEREAS the Governor of the State of Montana has been consulted in regard to the small headwater area of the Souris River Basin in Montana that contributes a small quantity of water to the area of jurisdiction of the Commission; and

WHEREAS it appears that it would be in the public interest and in keeping with the intent of Congress to declare the establishment of such a Commission:

Now, THEREFORE, by virtue of the authority vested in me by section 201 of the Act, and as President of the United States, it is ordered as follows:

SECTION 1. Souris-Red-Rainy River Basins Commission. It is hereby declared that the Souris-Red-Rainy River Basins Commission is established under the provisions of Title II of the Act.

SEC. 2. Jurisdiction of the Commission. It is hereby determined that the jurisdiction of the Souris-Red-Rainy River Basins Commission referred to in section 1 of this order (hereinafter referred to as the Commission) shall extend to those portions of the States of Minnesota, North Dakota, and South Dakota that are drained by the Souris-Red-Rainy Rivers system, in accordance with the requests of the Governors of Minnesota and North Dakota, concurred in by the Governor of South Dakota, and in accordance with the resolution of the Council.

SEC. 3. Membership of the Commission. It is hereby determined that, in accordance with section 202 of the Act, the Commission shall consist of the following:

(1) a Chairman to be appointed by the President,

(2) one member from each of the following Federal departments and agencies: Department of Agriculture, Department of the Army, Department of Commerce, Department of Health, Education, and Welfare, Department of Housing and Urban Development, Department of the Interior, Department of Transportation, and the Federal Power Commission, such member to be appointed by the head of each department or independent agency he represents,

(3) one member from each of the following States: Minnesota, North Dakota, and South Dakota, and

(4) one member from each 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 specified in section 2.

SEC. 4. Functions to be performed. The Commission and its Chairman, members, and employees are hereby authorized to perform and exercise, with respect to the jurisdiction specified in section 2 of this order, the functions, powers, and duties of such a Commission and of such Chairman, members, and employees, respectively, as set out in Title II of the Act.

SEC. 5. Consultation with adjoining States. The Commission is expected to provide for procedures for consultation with the State of Montana on any matter which might affect the water and related land resources of the small headwater drainage of the Souris River Basin in Montana, and to give notice to Montana of meetings of the Commission.

SEC. 6. International coordination. The Chairman of the Commission is hereby authorized and directed to refer to the Council any matters under consideration by the Commission which relate to the areas of interest or jurisdiction of the International Joint Commission, United States and Canada. The Council shall consult on these matters as appropriate with the Department of State and the International Joint Commission through its United States Section for the purpose of enhancing international coordination.

SEC. 7. Consolidation and termination. Consideration shall be given to consolidating the Commission with a Missouri River Basin Commission, if and when such a commission is established. If a consolidation does not occur, the Commission shall terminate within six months after the submission of the comprehensive river basin plan in accordance with section 204 (3) of the Act, or on June 30, 1972, whichever is earlier; unless, upon recommendation of both the Council and not less than one-half the number of member States, this order is extended.

SEC. 8. Reporting to the President. The Chairman of the Commission shall report to the President through the Council.

LYNDON B. JOHNSON

The White House

June 20, 1967