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EXECUTIVE ORDER 10318

ESTABLISHING THE MISSOURI BASIN SURVEY COMMISSION

By virtue of the authority vested in me as President of the United States, it is ordered as follows:

SECTION 1. Establishment and composition of the Commission. There is hereby established the Missouri Basin Survey Commission, hereinafter referred to as the Commission. The Commission shall be composed of eleven members who shall be appointed by the President. The President shall designate a chairman and a vice chairman of the Commission from among the members thereof.

SEC. 2. Functions of the Commission. The Commission shall study the land and water resources of the Missouri River Basin and such other related matters as the Commission may deem appropriate, and shall prepare recommendations with respect to an integrated and comprehensive program of development, use, and protection of the said resources. As used herein, the terms "Missouri River Basin" and "Basin" shall mean the entire Missouri River, its tributaries and watershed, as located in the States of Montana, Wyoming, North Dakota, South Dakota, Nebraska, Kansas, Missouri, Colorado, Minnesota, and Iowa, together with such other portions of the said States, including bodies of water and watersheds in the said portions, as are closely related, with respect to the physical use of land and water, to the Missouri River, its tributaries, and watershed. With respect to the use of power produced or to be produced in whole or in part within the Basin or with water of the Basin, the studies and recommendations of the Commission may extend to areas outside the Basin.

In performing its above-described functions the Commission shall:

(a) Consider and evaluate existing and proposed plans and programs for the development, protection, and use of land and water resources.

(b) Conduct in the Basin such on-the-site surveys and appraisals of land and water resource programs, and provide for the holding of such public hearings as it deems necessary and practicable, with a view toward obtaining accurate and pertinent information and expressions of public sentiment of the inhabitants thereof.

(c) To the extent practicable, ascertain estimated costs and benefits of projects and programs.

(d) Consult with appropriate State authorities with respect to the development, protection, and use of land and water resources in their respective areas within the Basin, and consult with other bodies and groups as may be appropriate.

(e) Take into consideration the present and prospective economy of the Basin, the economic soundness of plans and programs for the development, protection, and use of the said resources, and the proper division of financial responsibility between the Federal Government and the States with respect to such plans and programs.

(f) In view of the recent disastrous flood in the Basin, give necessary emphasis to the prevention and control of floods.

SEC. 3. Executive Director. There shall be an Executive Director of the Commission, who shall be appointed by the chairman of the Commission after consultation with the other members of the Commission and without regard to the civil service laws. Subject to the direction of the chairman of the Commission, the Executive Director shall direct the activities of all persons employed under the Commission, shall supervise the preparation of reports provided for under section 6 of this Executive order, and shall perform such other duties within the scope of responsibilities of the Commission as the chairman of the Commission shall designate. Within the limits of such funds as may be made available, other persons may be employed by or under the authority of the Commission, and such employment may be without regard to the civil service and classification laws.

SEC. 4. Cooperation of Federal agencies. All departments and other agencies of the Executive branch of the Government having functions related to the responsibilities of the Commission are authorized and directed to cooperate with the Commission in its work and to furnish the Commission such information and assistance, not inconsistent with law, as it may require for the performance of its duties.

SEC. 5. Financing of the Commission. The expenditures of the Commission shall be paid out of an allotment made by the President from the appropriation entitled "Emergency Fund for the President-National Defense" (Title III of Independent Offices Appropriation Act, 1952, Public Law 137, 82d Congress, approved August 31, 1951). Such payments shall be made without regard to the following: section 3681 of the Revised Statutes (31 U.S.C. 672); section 9 of the act of March 4, 1909, 35 Stat. 1027 (31 UI.S.C. 673); and such other laws as the President may hereafter specify. The members of the Commission and the Executive Director of the Commission shall receive such compensation and expense allowances, payable out of the said allotment, as the President shall hereafter fix, except that no compensation shall be so fixed with respect to any person while receiving other compensation from the United States.

SEC. 6. Report to the President. The Commission shall report to the President, in writing and within one year from the date of this order, the results of its studies and its recommendations under section 2 hereof, including any recommendations with respect to necessary legislation. The Commission may also make to the President such earlier report or reports as it may deem appropriate.

HARRY S. TRUMAN
THE WHITE HOUSE
January 3, 1952