September 14, 1970
Page 31539
1970 POLICY POSITIONS OF THE NATIONAL GOVERNORS' CONFERENCE
Mr. MUSKIE. Mr. President, at its most recent annual meeting, held August 9-12, 1970, at the Lake of the Ozarks, Mo., the National Governors' Conference adopted a series of policy statements on several of the major issues confronting the Nation.
These policy positions reflect a strong consensus of thinking and attitudes among the elected chief executives of our State governments, and cover a wide range of functions in which effective Federal-State relationships play an important role. Because of their importance in providing both added insight and information on many of the issues before Congress, I ask unanimous consent that they be printed in the RECORD.
There being no objection, the statements were ordered to be printed in the RECORD, as follows:
POLICY POSITIONS OF THE NATIONAL GOVERNORS' CONFERENCE
INTRODUCTION
Policy positions on major issues facing the States and the Nation were adopted by the National Governors' Conference at its 62nd Annual Meeting held August 9-12, 1970, at the Lake of the Ozarks, Missouri.
Because these policy positions represent a significantly important consensus of the thinking and attitudes existing in the States' leadership, they are transmitted herein for your information, consideration and action, as appropriate.
In consonance with a resolution receiving unanimous support at this Conference, whenever reference is made in the policy statements to "the States," such language includes the fifty States and, when relevant, the Territories of American Samoa, Guam, the Virgin Islands, and the Commonwealth of Puerto Rico.
The Conference Executive Committee ruled that the policy positions adopted at the 1965 Annual Meeting would remain in effect unless specifically amended or deleted by subsequent action.
Thus, these policy positions are the combined product of last year's Conference, the subsequent work of six standing committees, the Conference Executive Committee's review, and discussion and action at the 1970 Annual Meeting.
In addition to these policy positions, the Conference's committees and staffs have produced committee reports and analytical materials in the areas covered by the policy statements.
Additional copies of policy positions and other related materials are available from the offices of the National Governors' Conference.
ADOPTION OF A COMPREHENSIVE NATIONAL COMMUNITY DEVELOPMENT. POLICY
Congress and the Administration should develop a comprehensive National Community Development Policy with the effectuating funds, agencies and programs. The Policy should provide the means whereby federal, State and local elected officials should participate directly in the formulation of national policies and goals and the establishment of major strategies and programs for implementation of such policies and goals. The formulation and implementation of such national community development policies in coordination and consonance with State development policies is essential to achieve the objectives of balanced growth.
A National Community Development Policy should embrace the major areas and issues of concern for the quality of life within the United States. The most basic components for consideration in the formulation of this policy are policies relating to population growth and distribution and to economic development. Other components are policies relating to allocation of natural resources, agriculture, transportation, housing, human resource development, and financing and administration – all established in a manner that will support policies concerning these two basic components.
ADOPTION OF A NATIONAL POPULATION GROWTH AND DISTRIBUTION POLICY
There should be an adoption of a National Population Growth and Distribution Policy, developed in concert with state and local planning policies, to lessen the congestion, and reduce pressure, on the already overburdened resources of our cities, to offer opportunities for the free movement of all of our citizens to realize their maximum personal potential, to match manpower and job training programs with the needs for community development and to lessen the problems of transportation, environmental decay and social service delivery that are not being adequately dealt with for today's population. Such a policy shall be consonant with a rural-urban balance of needs and regional potentials.
ADOPTION OF A NEW COMMUNITIES DEVELOPMENT POLICY
To effectuate a population growth and distribution policy there should be the adoption of a comprehensive New Communities Development Program which would include expanded communities, new-towns-in-towns and new towns as major components of a national policy designed to relieve growth stresses upon existing metropolitan areas and to promote growth in appropriate areas which have growth potential.
ADOPTION OF A NATIONAL ECONOMIC DEVELOPMENT POLICY
A National Economic Development Policy should be adopted to coordinate economic assistance measures with a national population growth and distribution policy, thereby providing the employment concentrations and economic base that will make such a policy workable, offering more efficient operating environments for industry and concentrated employment centers accessible to workers in either rural or urban areas. Such policy should provide additional incentives to private business and look to new ways that public and private interests can be combined to meet public needs.
ADOPTION OF NATIONAL AGRICULTURAL DEVELOPMENT POLICY
There should be a National Agricultural Development Policy as an integral part of a National Community Development Policy to assure the nation it can feed itself and meet its responsibilities to other people in the world. Such a policy should reflect the importance of and a system for the preservation and maintenance of agricultural land for future supplies and as necessary habitat for wildlife, water resources and hunting and fishing, all of which are a necessary part of providing quality environment in consonance with a population growth and distribution policy. Further, this Policy should focus attention on improving agricultural production capabilities, transportation, foreign market development, processing agricultural products near the source of production and efforts aimed at developing rural America.
In addition, Congress must act on a viable farm program to assure rural America "parity of opportunity" with the rest of the nation.
A new farm bill by Congress should be shaped to give rural producers an equal opportunity to share in the Nation's prosperity and growth as all other areas. A federal farm program should be continued by the Federal Government until the market can maintain an adequate price for producers.
A strong farm program is recognized as a deterrent to further out-migration from rural areas to crowded metropolitan centers, a necessary element for a growing economy, and vital to providing reasonable food prices for consumers while assuring a fair return for all agriculture producers.
JOINT FEDERAL-STATE EVALUATION OF RURAL DEVELOPMENT PROGRAMS
The new Office of Intergovernmental Relations, in cooperation with the appropriate federal offices and the National Governors' Conference and local government groups, should evaluate the possibilities and mechanisms for better coordination and delivery of federal and State programs in rural areas. The joint evaluation should examine and make recommendations for action on the following issues:
a. Avenues of cooperation between existing HEW, Agriculture, Commerce and HUD programs and State community development programs.
b. Restructuring of federal field operations to support and complement emerging State and local efforts for comprehensive rural development. As federal departments decentralize, they should utilize to the fullest extent possible the personnel, administrative and technical service of state and local government rather than building up federal field staff to handle delegated authorities for decision-making accompanying the federal field office reorganization.
c. Recognition of state designated multicounty planning and development districts, primarily composed of local officials, as the primary delivery system for most State and federal programs in rural areas.
d. Recognition and support of several States as pilot projects for the purpose of coordinating federal and state programs into a package of rural development services.
ADOPTION OF A NATIONAL LAND DEVELOPMENT POLICY
There should be an adoption of a National Land Development Policy providing guidance as to what lands are appropriate for urban development, agricultural production, conservation and open space and recreation. Such national policies must be related to the allocation and conservation of water, air, minerals and other natural resources and be an integral part of a National Community Development Policy.
ADOPTION OF A NATIONAL HOUSING POLICY
There should be an adoption of a National Housing Policy to coordinate housing investment and construction programs with a National Community Development Policy to carry out social objectives of making a place for all social and economic groups, to take advantage of the environmental and efficiency advantages of such a policy, to provide needed governmental aids for supporting housing construction and marketing, with special support programs to assist those who cannot secure decent housing through normal channels, to make maximum use of new technologies, and to stimulate additional investment by private industry and home property owners, thus adding to the overall housing supply, and to insure the availability of sufficient long-term mortgage financing.
EXPANDING THE HOUSING MARKET
All levels of government, in cooperation with private industry, should take action to expand the market for housing production. Special attention should be given to new methods of production, technological innovation, and marketing institutions in the private sectors and to simplified and flexible state housing codes, increased subsidies for low-income housing, land aggregation and tenant relation programs in the public sector. States should assist in the aggregation of public and private land for housing purposes.
CONSOLIDATION AND COORDINATION OF FEDERAL HOUSING PROGRAMS
The Administration and Congress should undertake the immediate streamlining and
coordination of federal housing programs: (1) provide for full cooperation with emerging State housing instruments; (2) phase out, merge, and consolidate the numerous federal low and moderate income housing programs and provide incentives and illustrations for program packaging and mixing; (3) substitute State certification of federal program requirements with only a post audit by HUD; and (4) provide federal operating subsidies, as are now provided to federal housing projects, to State public housing projects.
SUFFICIENT FUNDING OF THE HOUSING AND URBAN DEVELOPMENT ACT
Congress should provide sufficient funding for the Housing and Urban Development Act, especially for Section 236 Interest Reduction, Section 235 Home Ownership, Rent Supplement, Public Housing Programs, and Urban Renewal.
ADOPTION OF A POLICY ON THE MODEL CITIES PROGRAM
For a National Community Development Policy to be effective, it should include concepts for the coordinated delivery of services and financial assistance by both state and federal governments, as conceived in the Model Cities legislation. The entire effort must be a coordinated one which focuses the attention of agencies at all levels of government on specific problem areas within our municipalities.
Congress should amend the Model Cities legislation to provide for a legitimate and positive role for State Government in the operation of the program. Specifically, Section 105 of the "Model Cities and Metropolitan Development Act of 1966" should be amended to authorize the Secretary of Housing and Urban Development to make matching grants to the States to provide continuing planning, coordination, programing and technical assistance services to Model City Agencies.
In those States where the State contributes a substantial portion of the local non-federal financial share, the program should provide for State concurrence in the approval of the selection, program development and funding of all Model Cities applications.
HUD should immediately provide for State review and comment on Model City work programs and supplemental grants.
To assure balanced urban-rural growth, consideration should be given to a Model Rural Area Development program patterned after the Model Cities concept.
It is noted most of the poverty in America lies in the very urban and very rural areas of our Nation. Unless immediate steps are taken to develop the delivery system of federal, State, local, and private resources through the concept of model development areas, this gap will widen at the expense of all Americans in both the dominate urban and rural areas of the Nation.
COMPREHENSIVE STATE PLANNING AND COMMUNITY DEVELOPMENT PROGRAMS
Federal agencies should support the efforts of Governors and the appropriate State agencies designated by the Governors to begin coordinated planning of community development programs. The following specific measures should be undertaken by all federal agencies:
a. Federal administrative procedures and new legislation, where necessary, should be developed to provide financial incentives on a continuing basis to the States to "buy-in" to community development programs, specifically model cities and urban renewal. There should be increased federal provision for joint funding to encourage State efforts for the packaging of community development programs.
b. Both federal and state executives should seek sources of flexible funds for use as "glue money" in putting together and implementing coordinated development programs. At the federal level, these funds could come from Section 701 of the Housing Act of 1954, Title VIII of the Housing Act of 1964, Title IX of the Demonstration Cities Act, from existing funds for State planning for federal programs in functional areas, or from new legislation.
c. States demonstrating a readiness to act implementing a package of community development programs and to commit State funds should receive priority attention from federal agencies. Federal funds should also be available to encourage States to develop their own competence in community development planning and programming.
STATE PARTICIPATION IN THE RENEWAL AND NEIGHBORHOOD DEVELOPMENT PROGRAM
HUD should immediately issue an addendum to the Urban Renewal and Neighborhood Development Program Regulations that clearly recognizes the role of positive State participation in this program for: (1) local NDP conformity to State renewal policies; (2) State services to NDP's for application preparation, planning, and implementation measures as eligible project costs; and (3) whenever State laws and requirements for renewal exceed federal requirements, that HUD will accept State certification of local compliance without any further review by HUD.
UNIFORM FEDERAL RELOCATION AND LAND ACQUISITION POLICIES
The Uniform Relocation and Land Acquisition Act of 1969 (S. 1) should be enacted as soon as possible, but with the following amendments: (1) deletion of all cut-off dates for the federal funding of the first $25,000 of relocation expenses (2) retention of shared funding for all costs above $25,000; and (3) provision of matching grant funds to all States that create uniform Statewide relocation and land acquisition policies and programs covering all public programs. The July 1, 1970, cut-off date in the Highway Act of 1968 for federal assumption of the first $25,000 in relocation costs should be deleted.
POLICY FORMULATION MECHANISMS
In order that formulation of a meaningful National Community Development Policy may be undertaken, the procedures of the Domestic Council should provide formal means for bringing the President, the Governors and local elected chief executives together on a regular basis to secure an exchange of views and information on National Domestic Policy and priorities. Further, the Council should give due consideration to the inclusion of the Governors and chief local elected officials in the regular meetings of the Council.
Representation of State and local interests among the staff must be assured.
The President will transmit to Congress his annual report and such supplementary reports as he deems necessary to advise as to progress in formulating a National Community Development Policy and suggested implementing actions.
In addition a joint congressional committee on National Community Development Policy should be instituted. It shall make a continuing study of the annual report on National Community Development and its supplements, and study ways of coordinating programs in order to further the National Policy. The legislation shall require the committee to file a report annually containing the committee's findings and recommendations. The committee may make such other reports from the time as it deems advisable. To maximize citizen participation, the committee is encouraged to hold extensive hearings.
GRANTS FOR COMPREHENSIVE PLANNING AND COORDINATION
Assistance should be provided to plan comprehensively at the interstate, regional, metropolitan and local levels; to encourage local governments to cooperate in solving area-wide problems through comprehensive planning, review, and cordination; to foster intergovernmental attacks on problems of national urban and rural development; and to establish a method for exchange of development information among local, state and federal government.
Any legislation should provide that the grants be administered through the Executive Office of the President for distribution to the States, and through them to regions, metropolitan areas, counties and localities.
REVENUE SHARING
The National Governers' Conference went on record in 1965 in support of the principle that the Federal Government share a portion of its revenue with the States, unfettered as to functions for which it is to be used. The Conference reiterates its stand on this matter, and further recommends, consistent with the criteria approved by the Conference in 1968, that a revenue sharing plan be formulated on the following basis
(1) Congressional appropriations for revenue sharing should be made on the basis of the federal individual income tax base.
(2) Congressional appropriations for revenue sharing should be made to a trust fund established in the Treasury of the United States.
(3) The sums appropriated should be allocated among the States, based primarily on population adjusted by relative state and local tax effort. The relationship between the taxing ability and the percentage of federally-held and administered land acreage in each State should also be considered.
(4) Congress in its appropriations to the States should specify a pass-through formula to local governments. Eighty percent of the monies which are for distribution to local governments should be passed through automatically according to formula to eligible local governments; twenty percent should be passed through to eligible local governments on application of these units to the States, and should be available for programs at the local level which encourage cooperative or joint efforts of local governmental units to solve a common problem.
(5) The federal pass-through formula should provide for sharing revenue only with general purpose units of government.
(6) The allocation by formula should be made to relatively populous cities and counties based on population and the ratio between the total receipts from all taxes imposed by eligible cities or counties and the total receipts from all taxes imposed by the State and its political subdivisions. The portion of any State's allocation which would be available for local governments within the State would depend upon the portion of total tax revenue raised by the State and that raised by the eligible local units in the State. An alternative state allocation plan of distribution should be accepted if (a) each city and county receive an amount equal to or greater than that allocated by formula, or (b) city and county councils or governing bodies representing fifty percent of those entities entitled to receive at least fifty percent of payments by formula concur in the State's alternative plan.
(7) No functions should be excluded from expenditures made from shared funds. The Executive Committee is directed to employ every means available toward the immediate and favorable enactment of revenue sharing.
TAXATION OF STATE AND LOCAL BONDS
The National Governors' Conference affirms the basic constitutional principle that neither the federal nor state governments without mutual agreement has the authority to tax the other. The Conference therefore asserts that state and local bonds issued for general governmental purposes must remain tax exempt. The Conference commends the Congress for deleting provisions from the final version of the Tax Reform Act of 1969 which would have subjected their bonds to indirect federal income taxation.
We believe that the municipal bond market will and should continue to be an important source of the capital needs of state and local governments. However, the volume of new bond issues by state and local governments will likely grow substantially in the years ahead in order to finance the increasing demands for new and expanded capital facilities. At the same time, events of the last several years show that these bond issues are particularly vulnerable to anti-inflationary monetary policies and interest rate changes. Based on these facts, the National Governors' Conference recognizes the desirability of developing constructive proposals for broadening the market for state and local bonds. Such proposals should not in any way impair the access of state and local governments to the tax-exempt market or infringe upon these governments' independence in debt financing.
INTERSTATE TAXATION OF BUSINESS
For a number of years the National Governors' Conference has expressed opposition to federal legislation which would restrict the taxing jurisdiction of the State and provide preferential tax immunity to favored multistate businesses, and has expressed full support for legislation which would give congressional approval to the enactment of the Multistate Tax Compact by the States.
This Conference now goes one step further in supporting an expanded and/or specific version of a congressional consent bill for the Multistate Tax Compact to allay expressions of concern in the Congress that the original consent bill set out only a broad statement of purpose, and to counter claims that the States were seeking a sort of blank check in the area of multistate taxation.
The Conference therefore urges Congress to enact legislation, drafted by the Advisory Commission on Intergovernmental Relations in collaboration with the Council of State Governments, which incorporates the Multistate Tax Compact and expresses congressional consent to enactment by the States of a compact substantially the same thereto, plus the following additional provisions:
(1) The three-factor formula (Uniform Division of Income for Tax Purposes Act), developed by the National Conference of Commissioners on Uniform State Laws, is made mandatory for net income taxes upon States which have not enacted the compact by July 1, 1971;
(2) States are given jurisdiction to require collection of sales tax by sellers making interstate deliveries into a State if the seller makes regular household deliveries there; and
(3) Income taxes may be imposed on congressional salaries only by the district and State represented by the Congressman.
TAXATION OF INDUSTRIAL DEVELOPMENT BONDS
The Conference recognizes that so-called industrial development bonds have been used for non-governmental purposes. Unfortunately, federal legislation adopted in 1968 to remove the tax-exempt status of industrial development bonds erroneously included in its definition some traditional governmental functions and thus made them taxable under this legislation. The Conference reiterates its 1968 resolution urging legislation properly to redefine industrial development bonds.
NEW APPROACHES TO FEDERAL-STATE PARTNERSHIP
Since social and economic problems transcend State boundaries, States have long worked together in efforts to solve them. Most major problems today, however, also require federal cooperation and assistance.
Federal-state partnership in regional problems has taken the form of the interstate compact and the regional commission. The Appalachian Regional Commission has successfully brought thirteen States and the Federal Government together to plan and administer programs in health, education and transportation, assisted by substantial federal bloc grants.
The expiration date in 1971 of current legislative authorization for the Appalachian Regional Commission and five other regional commissions will necessitate a review of the regional concept. As problems of underdeveloped areas and interstate-metropolitan areas become more complex, it is certain there will be an increased demand for an extension of multi-state administration of programs dealing with these and other problems. The National Governors' Conference recognizes the vital need of effective mechanisms for solving such problems. Any new national legislation should include the following basic points:
Allow the establishment of regional commissions as agreed upon by the Federal Government and the States involved;
Provide for Governors to share decisionmaking authority equally with federal representatives;
Make federal participation directly responsible to the President, and State participation to the Governor;
Provide adequate funds for initial planning and policy development, and adequate authorization for the future appropriations after the priorities of each commission have been determined; and
Should not be used as a substitute for revenue sharing.
FEDERAL ROLE IN STATE PLANNING
Planning has always been a vital element in the decision-making process, and in recent years much effort has been made at the federal and state levels to improve the methods by which it is done. The Federal Government has shown its concern and interest by many programs of assistance to state and local governments for planning. However, many problems have arisen: multiplicity of planning grants with different federal requirements; uncertain funding; and no integration of plans, especially at the federal level.
The National Governors' Conference urges that:
The Congress and the Administration should take immediate action to correct the confusing, contradictory, duplicative, and overlapping mass of federal requirements and definitions concerning both long-range and annual operational plans. Federal agencies should recognize the Governor as the chief state policymaker and planner responsible for the coordination of all statewide and multi-jurisdictional sub-state planning. The elected heads of local government should be recognized in the same capacity for all state and federal programs operating within their jurisdictions.
An appropriate share of the funds of each functional federal grant program should be made available to the Governor for the purpose of relating functional plans to each other, to statewide goals and policies and to local development policies. This effort should begin with HEW which has thirty-nine programs, each requiring a Statewide long-range or annual operating plan.
Major federal planning assistance programs should provide for forward funding on a two or three-year basis; minimum annual funding for each State; interprogram service agreements; evaluation machinery; technical assistance, training and tuition fees as eligible project costs; and minimum standardization and coordination of federal planning definitions and requirements.
INTERGOVERNMENTAL COOPERATION ACT
The National Governors' Conference commends the Congress for passage of the Intergovernmental Cooperation Act of 1968, which among other things, provides for keeping Governors and Legislatures informed of federal grant-in-aid rules and regulations, provides a means to obtain flexibility in administration of the "single state agency" requirement, provides flexibility in state banking of federal funds, authorizes federal agencies to render technical assistance and training services to state and local governments on a reimbursable basis, and provides for federal coordination with local authorities regarding land use.
The Conference is gratified at the action of the U.S. Bureau of the Budget in providing directives for implementation of this Act through Circulars A-95, A-96 and A-97. Governors should especially note Circular A-95, which encourages the establishment of clearinghouses and review procedures through which federally aided local and regional planning and development projects can be coordinated with State activities, and projects of different state agencies can be coordinated with one another. This Circular may potentially be used to enhance the ability of the Governor to coordinate the management of state programs.
The Conference urges Congress now to extend the principles of intergovernmental cooperation by enacting legislation which would establish procedures to allow the simplification of accounting, auditing and reporting of federal assistance funds; authorize the President, subject to congressional veto, to consolidate federal assistance programs within agencies; allow joint funding simplification for the packaging of grants for the same or related programs; and provide for periodic congressional and executive review of grant programs to determine their effectiveness.
TRAINING
The growing complexity of state government programs, and of the many intergovernmental programs in which States are involved, is placing an enormous burden upon state officials and employees responsible for the over-all management and unity of state operations. Training is a necessary part of equipping these officials and these employees to carry their burdens.
The National Governors' Conference commends the Council of State Governments for strengthening its training activities: the Conference notes the successful seminar held in December of 1968 for newly-elected Governors and their aides, the continuing work of the Council and the National Association of State Budget Officers in providing policy oriented training for budget personnel, the newly established training program for legislators and legislative staff, the recent collaboration with organizations of local officials to provide training an matters of intergovernmental concern, and the scheduled 1970 seminar for Governors-elect and their aides. The Conference urges further intensification of these efforts.
The Intergovernmental Personnel Act now before Congress should help to strengthen state and local training programs. The Conference endorses the objectives of this Act.
CLEARING HOUSE FOR STATE CONSULTING HELP
All Governors have on occasion needed the temporary assistance of persons from outside their state governments to bring a different perspective to policy issues as well as to bring to bear technical knowledge and experience in various fields of state government. Although private consulting firms and universities have been used to help provide this assistance, a major reservoir of talent, largely untapped, is the State Governments of the Nation. The use of this talent would be of benefit both to the State receiving help and, through broadening the experience of the personnel involved, to the State supplying the expertise.
The National Governors' Conference requests that its Secretariat establish a clearinghouse to enable States to draw upon the experience and talents in the State Governments by helping States define their problems with precision and clarity, and identifying employees in State governments who are qualified to provide effective assistance.
FEDERAL AID INFORMATION SYSTEM
The National Governors' Conference has followed with interest the development of federal aid information systems in the States. States require such a system so that detailed information on federal aid program availability, plans and performance applicable to the State can be ascertained in response to the inquiries and needs of local governments, state officials and congressmen.
The development of information systems on the availability of federal grants-in-aid points up the fact that aggressive "grantsmanship" is required to obtain all funds to which a jurisdiction is entitled. This should not be necessary. Grants should be made on the basis of need, not on the basis of ability to obtain the grant. The Federal Government should provide each State the detailed information necessary for state and local governments to make and receive approval for grant applications.
The States in turn have an obligation to plan for effective use of funds and to report periodically on financial status and program accomplishments.
FEDERAL GRANT-IN-AID APPROPRIATIONS
The National Governor's Conference acknowledges the importance of federal grants-in-aid in the financing of state and local programs. These aids now amount to nearly one-fifth the total federal domestic budget and one-fifth of total state expenditures. Aid programs have proliferated in the past several years, and now number over 100 separately funded activities.
The number of programs and the large amounts of dollars involved make imperative the proper administration of these programs so that the national objectives toward which they are aimed can be achieved. Many of the policy statements of this Conference deal with this issue with respect to individual programs. The Federal Government – the President, Congress, and the administering agencies – should work closely with State officials in developing appropriation and administrative procedures to provide maximum flexibility in carrying out program objectives and maximum certainty of federal action. Specifically, the Conference endorses the following concepts:
block grant legislation to bring together all grants relating to broad functional areas;
grant consolidation, to allow the President to combine grant programs, subject to legislative veto;
joint funding simplification, to allow federal agencies to cooperate with State requests to combine several grants in the administration of one State program;
appropriations consonant with authorizations, to provide a greater degree of certainty in the amount of funding to be expected;
advance funding for at least two years, especially for construction projects, so that the necessary contracts can be let with assurance of fulfillment; and
annual appropriations prior to start of fiscal year, to provide the States sufficient lead time for planning the program and hiring staff.
REGULATION OF INSURANCE.
It is long established national policy to leave to the States the basic task of regulating the insurance industry. The States have demonstrated an ability to do a creditable job of regulation, and in the aggregate the insurance industry is well regulated.
The National Governors' Conference opposes federal legislation which would create a federal bureaucracy for the regulation of insurance, and Congress should be ever mindful of the States' role in this important area. If corrective national legislation is necessary, the National Governors' Conference stands ready to work with Congress to achieve positive results.
PREAMBLE
At the request of the Executive Committee, the Committee on Human Resources has reviewed the Policy Statements adopted by the Conference in 1969 in the areas of Welfare, Manpower, Health and Education.
Based on this review and on our assessment of the current domestic problems, the Committee on Human Resources reaffirms the 1969 Policy Statements. In the Committee's view those statements continue to express the priorities for domestic action which we, as Governors, believe should guide the Federal Government in the development of domestic programs.
The continuing fiscal crisis faced by the States and their localities grows more urgent and the demand for the basic human services continues to mount. Thus, prompt and effective action remains a most urgent goal of the Committee on Human Resources.
In order to keep the Human Resources policy statements attuned to current developments, the Human Resources Committee submits for adoption by the 1970 Annual meeting of the National Governors' Conference the following indicated amendment and additions to the policy statements on human resources.
WELFARE REFORM
1. Substitution, on a phased basis, of a federally financed system of welfare payments for the current federal-state program for the aged, blind, disabled, and dependent children, and including also the general assistance programs now financed by the States themselves. Eligibility and grants would be determined by the Federal Government; the system would be state administered under federal guidelines. The system should include realistic income exemptions to provide incentives for persons to seek employment. Adequate day care for children of working mothers and an expanded federal job training program should also be assured.
2. Increase in the present levels for all payments under the Old Age Survivors Disability Insurance Program, with a minimum payment of $100 per month.
8.. Transfer of the present Old Age Assistance, Aid to the Permanently and Totally Disabled and Aid to the Blind programs to the Social Security Program, with payments being made from federal general revenues to the Social Security Trust Fund to cover the increased cost.
4. Review by the Secretary of Hearth, Education, and Welfare of Federal regulations as to their adverse effect with respect to the following:
a. The use of the declaration system for determining welfare eligibility. Any such system, if mandated by the Federal Government, should provide the States with appropriate options and flexibility as to form and content.
b. The continuation of welfare payments during the pendency of appeal to persons whose grants are reduced or who are determined ineligible.
5. To combat hunger and malnutrition:
a. Increased federal funds for the Food Stamp Program so that welfare recipients and low-income persons in all States could be covered by the Food Stamp Program. We commend the Administration and the Congress for the action taken to date and continue to urge full funding for the Food Stamp Program.
b. Removal of existing provisions prohibiting counties and cities from participating in both the Food Stamp Program and the Federal Commodities. Distribution Program.
c. Reduction of the purchase requirements for food stamps and, where necessary, provision of free stamps to welfare recipients.
d. Consideration of providing food stamps in lieu of a portion of welfare payments, subject to the approval of the recipient. We commend the Administration for its proposed amendments to the Family Assistance Act in regard to food stamps and urge their adoption.
e. Transfer of the Food Stamp Program, programs under the School Lunch Act and the Commodity Distribution Program from the Department of Agriculture to the Department of Health, Education, and Welfare. We support the Administration's proposal in regard to Food Stamps and urge its adoption by Congress. We also urge that flexibility be provided for unified state administration where desired.
f. Expansion of federal, state and local programs to provide nutrition education.
6. The Federal Government, in cooperation with the States, should work toward the development of a rational assistance system which takes into account the full impact of the total range of direct and indirect aid to the poor. Such a system should include a national eligibility policy which takes into account all sources of income and which provides for a workable work incentive.
7. The Federal Government should establish reasonable national standards of assistance with required regional or geographic differentials:
HEALTH
1. Adoption by the Federal Government of a national universal health insurance program coupled with hospital cost controls as the primary method of keeping rising health costs from preventing all people from receiving the medical care they need. Such a program should utilize the existing private enterprise medical system. Publicly paid programs such as Medicaid should be used only as a secondary program for those who have used up their insurance benefits. Medicaid should be 100 percent federally financed.
2. Adequate funding by the Federal Government of (a) the Federal Supplementary Food Program for low-income groups vulnerable to malnutrition to make selected nutritious foods available to infants, pre-school children, pregnant women and nursing mothers, and (b) programs to provide free or reduced-price lunches and breakasts through schools, summer recreational programs and day care centers to assure all children from low-income families one or two nutritious meals per day. We strongly urge that attempts to curtail the Supplementary Food Program be stopped and that instead it be further expanded to include adolescent children.
3. Expansion of federal and State programs of grants and loan payments to encourage the development and rehabilitation of health facilities particularly in low-income areas where maternal and child health care is inadequate.
4. Review of the formula for the allocation of federal funds for the construction and modernization of health facilities to assure that the funds are being devoted to meeting the Nation's most urgent needs.
5. Assurance that the allocation within a State of federal funds for the construction and modernization of the various types of health facilities be based on priorities developed by the State and be in accordance with plans developed through state comprehensive health planning.
6. Placement of responsibility for comprehensive health planning in the Office of the Assistant Secretary of Health and Scientific Affairs of the U.S. Department of Health, Education, and Welfare. Such a designation by the Secretary of HEW would be complementary to the major responsibility and reliance placed on such efforts by Governors and enhance the possibilities of achieving a federal-state "partnership" for the improvement of health services.
7. We support restoration of proposed cuts in federal funds for the Medicaid Program or assurance that steps will be taken to insure that these cuts are not merely passed back to state and local governments in the form of increased expenditures or result in reduced services for recipients.
8. Removal of ceilings on the amount of federal expenditures for Medicaid in Puerto Rico.
EDUCATION
1. Assumption by the Federal Government of far greater responsibility for the financing of education. Such increased federal financial participation should take the form of general grants to the States for educational purposes. Both the legislation and federal regulations for such a program should leave maximum flexibility to States and localities to develop programs to meet their most urgent needs. The basic purpose of such a program would be to help meet the rapidly rising basic cost of education, not to stimulate new supplementary programs. Such programs should not mandate the creation of any new state or local administrative mechanisms.
2. Adequate advance funding of existing federal programs commensurate with critical education needs.
3. Consolidation of existing federal grant-in-aid programs for education into broad functional categories, thereby increasing the ability of States and localities to design programs within broad federal policy guidelines to meet critical needs in individual States and localities.
4. Maximum administrative simplification of planning, application, allocation, accounting and reporting procedures for all consolidated grant-in-aid programs to assure that the intended purpose of consolidation of grants is not subverted through detailed administrative requirements.
5. We support the President's proposal to establish an intergovernmental commission on education broadly representative of local, state and federal officials and educational personnel to furnish guidance to the Congress, the executive branch of the Federal Government and the States, for most effective educational programs, and to continually review the goals, quality and cost of our educational system.
6. Provision in federal programs for joint federal-state-local development of standardized . statistical data and other information necessary for sound analysis of educational needs and programs. Such standardized and comparable data is essential for educational planning at all levels of government. We commend the Administration for its support of this position and continue to urge adequate funding for the National Center for Educational Statistics and for state efforts to redesign and clarify State and local inputs into the National Center.
7. Immediate funding of student loan program by guarantying interest at the prime rate on student loans.
8. The Federal Government should not cut back the funding of the National Defense Education Loan.
9. We support enactment of a comprehensive program of federal support for community colleges, vocational-technical schools, and comprehensive community colleges or their equivalents. Such legislation should assure:
That any such legislation take into account the diversity of State higher and post-secondary education structures.
That community colleges be an integral part of the total higher and post-secondary education programs of the States.
That programs be administered through state agencies designated as responsible for post- secondary and higher educational planning.
That such legislation not call for the creation of new and additional competing state higher educational agencies.
MANPOWER TRAINING AND DEVELOPMENT
1. Enactment of federal legislation which would consolidate federal manpower programs, provide for flexible funding of these programs, and enable the States to coordinate all manpower training and development activities within a State.
2. Review by Governors of the state administrative structure for manpower programs to assure that each State has (a) an effective mechanism to develop a comprehensive statewide manpower plan, and (b) an agency which has the capability to administer a unified system of manpower services.
3. Establishment of a national computerized job bank which would provide information regarding available jobs and job applicants.
4. Provision for systematic review and assessment of the effectiveness of manpower programs.
5. Establishment of State Manpower Training Staffing Centers with federal financial support to assure an adequate supply of trained personnel to plan and administer manpower programs.
6. Increased efforts by States to work with private business to increase job opportunities for the disadvantaged. Specifically, Governors should work with the National Alliance of Businessmen in the development of a statewide "JOBS" program.
7. The National Governors' Conference has called for the enactment of comprehensive federal manpower legislation which would coordinate federal manpower programs. The Conference also endorses a strong State role in manpower programs so that they can be effectively coordinated. If, however, the State is to be given a major responsibility in the area of manpower, it must also be given adequate authority to meet this responsibility. Federal legislation must assure that States are allowed sufficient flexibility to develop, in close cooperation with local officials, the most effective administrative structures possible.
8. We urge an additional federal program for creating new federally financed job opportunities and related employability development and training.
NARCOTICS AND DANGEROUS SUBSTANCES
1. The National Governors' Conference recognizes the growing epidemic of drug abuse and addiction and the need for consideration of this problem by this Committee as well as the Committee on Law Enforcement, Justice, and Public Safety. It further recognizes that this problem is a national crisis and not limited to any geographic, social, or economic group. Therefore, the following steps are recommended:
Federal and state government should cooperate in the development of a coordinated attack on the narcotics and dangerous substances problem. Such an effort should include law enforcement, prevention and treatment. Toward this end, a joint federal state coordinating committee should be established.
Prompt diplomatic action should be taken by the Federal Government to reduce the illegal importation of narcotics and other drugs.
States, in cooperation with local governments, should undertake a major public preventive education campaign involving a broad range of community resources including local schools to assure that the true nature of drugs and addiction is well-known.
A full range of treatment resources should be made available to all addicts who can benefit from it. Substantial federal financial resources should be devoted to the funding of a broad range of flexible State and local programs.
The States should join with the Federal Government in an effort to determine the basic underlying causes of the growing drug abuse problem. Such a study should examine the underlying social issues which may lead to addiction as well as the causal processes which promote initiation, continuance, termination, and relapse in drug usage.
THE STATE ROLE IN BALANCED TRANSPORTATION PLANNING AND DEVELOPMENT
The Governors of the States pledge their continued action to deal with the expanding and changing transportation needs in the decade of the Seventies.
1. We commend the U.S. Transportation Department for its development of a National Transportation Policy which centers the responsibility and power for priority decision-making in the chief executives of the States.
2. We call upon all States to study the need to develop administrative and legal mechanisms to plan, develop, finance, construct, administer and regulate the comprehensive transportation system which the citizens of our States deserve. Many States have taken such action by creating state departments of transportation.
3. We. strongly endorse the continuation of the Highway Trust Fund as an inviolate source of revenue to the States. We strongly urge the early completion of the Interstate System, with funds thereafter being available to the States for the updating and renewal of our primary and secondary highways, as well as urban systems.
4. We endorse the creation of the Airport/ Airways Development Trust Fund, supported by a separate fund source and not from the Highway Trust Fund.
5. We urge the creation of an Urban Mass Transportation Trust Fund, supported by a separate fund source and not from the Highway Trust Fund.
6. We urge the continuation of federal financial assistance programs dealing with railroads, waterways, and highway safety.
7. Each State should be guaranteed that its proportionate share of funds under each trust fund will not be reduced. Furthermore, the Federal Government should not be permitted to divert any trust funds.
8. The Governor, as the elected chief executive of his State, is in the best position to determine the transportation needs and priorities of his own State. Therefore, the Governor must be free from federally imposed restrictions in determining transportation priorities. Federal legislation should be amended to allow each state chief executive the flexibility to carry out the state- determined priorities and needs for transportation development. The Governor should be permitted to exercise his executive prerogatives in meeting the needs of his State by having the ability to transfer, upon a limited basis, funds among the various federal transportation trust funds and grant programs to meet his own State's priority transportation needs.
TRANSPORTATION AND THE ENVIRONMENT
The National Governors' Conference pledges a continued fight against the pollution of our environment by the wastes and by-products of our growing transportation system.
The Governors believe the following problems should be the subject of a sustained anti-pollution effort by the States and the Federal Government:
1. Air pollution caused by gasoline powered automobiles, diesel trucks, locomotives and ships, and aircraft fueled with kerosene and gasoline;
2. Water pollution caused by the spillage from vessels of untreated sewage, oil from machinery and bilges, and crude petroleum spills from tankers:
3. Land pollution caused by sewage discharge from railroad trains, by abandoned automobiles, by litter, and the scarring of landscape from removal of coal and other fuel sources;
4. Noise pollution and nuisance caused by aircraft, autos, trucks, railroad trains, and ships, and by heavy construction associated with transportation.
Perhaps in no other aspect of transportation is there a greater need for States to be free from restrictive federal preemption. The Governors call upon the federal government to provide effective minimum standards to protect the basic health and safety of every citizen, while leaving state governments free to deal with problems that have reached extraordinary severity, or to respond to citizen demands for a higher level of environmental quality than that which would be supported nationwide.
The Governors pledge a sustained effort to develop a combination of laws and programs which will punish polluters of the environment, while providing incentives where necessary to those whose efforts can combat environmental decline. The Governors call upon the Federal Government to join with the States in a vast research effort to measure pollution and to apply innovative technology in discovering new sources of energy and new techniques of reducing and dispensing of wastes produced by our transportation system.
The Governors pledge increased emphasis in the design of highways and other transportation systems so that these facilities complement rather than conflict with the total environment in both its natural and man-made aspects. Further, programs for the preservation and development of historic and scenic vistas along transportation corridors should be encouraged by the reward of additional federal financial assistance for increased state and local action, rather than by the present threat contained in the Highway Beautification Act, of a ten percent penalty in highway funds.
HIGHWAYS
The National Governors' Conference supports continued development of a national, State and local network of highways, streets and roads which are well planned, coordinated, and safe. Highways will continue to be the principal mode in America's transportation system even as it becomes more flexible and balanced in the future.
The Governors urge the following action as part of the partnership between State and Federal Governments in highway construction:
1. Funds from the Highway Trust Fund should not be suspended or withheld; and we hereby request the Executive Committee to take necessary steps to provide that court action be undertaken to challenge the authority of the Executive Branch of the Federal Government to withhold distribution of Highway Trust Funds.
2. Apportionments from the Highway Trust Fund should be made as soon as possible after the 1st of July for the following fiscal year to enable the States to adequately plan their highway construction program.
3. The revolving fund within the Highway Trust Fund, set aside for the advance purchase of right-of-way, should be made available as soon as possible, and continued as a measure of ecohomy and planning.
4. Federal fuel taxes should not be increased to the detriment of the States' abllity to use the fuel tax as a source of revenue for the construction and maintenance of the highway system.
b. Primary authority for coordination,planning and flexible distribution of trust funds within the States should continue to be at the State Government level.
6. After completion of the present interstate system, the Highway Trust Fund should be continued as part of the flexible fund described above. The basic purpose of the Highway Trust Fund in the post-interstate period should be to strengthen the primary and secondary system, as well as urban systems. Completion of the Interstate System has linked the Nation together as never before, thereby encouraging additional travel which has placed a heavy burden on those portions of the urban primary and secondary Streets and road system that are outdated and inadequate.
7. We endorse the concept of developing a system of scenic highways to allow access to national and State parks and improved recreation areas.
8. We recommend that further study be given for methods by which States can implement the provisions of the Relocation Assistance Program contained in the Federal Highway Act of 1968. Intergovernmental co-operation is needed to overcome the many legal and administrative problems created by this program.
HIGHWAY AND MOTOR VEHICLE SAFETY
The National Governors' Conference views with alarm the tragic number of preventable highway and traffic accidents. We urge the following action to strengthen the intergovernmental effort to make our streets and highways safe:
1. We support the National Highway Safety Administration and commend its creation as recognition of the severity of this problem, and the need for a coordinated attack upon the causes of highway deaths and injuries.
2. The Congress should give its full support to the highway safety program by appropriating the funds necessary to accomplish the mandate of the National Highway Safety Act.
3. The Congress should amend the Act so that funds for highway safety will be allocated in a bloc grant directly to the appropriate state agency designated by the Governor.
4. An incentive program should be developed to reward States with progressive highway safety programs. This would replace the present ten percent penalty clause in the Act.
5. The President should seek the advice and consent of the Governors when selecting representation from individual States for his National Highway Safety Advisory Committee.
6. There should be greater coordination of research conducted by the National Highway Safety Administration, the States and private industry. The Bureau should act as a clearinghouse and information source for such an exchange of information. The Administration should consult with the vehicle equipment safety commissioners of the States when determining minimum standards for vehicle equipment, and should design standards which are sufficiently flexible to permit States to impose additional requirements where conditions warrant.
7. The Bureau should work with the Governors in encouraging the efforts of the private sector in each State to develop public awareness of highway safety:
AIRPORT DEVELOPMENT
The States pioneered in the development of comprehensive airport plans and construction of aviation facilities. Following World War II, cities, counties, and public authorities began the construction of large airport facilities, using excess military airports. In 1946 the Federal Government for the first time began a program of limited financial assistance for airport construction. Forty-eight States have state aviation agencies with varying responsibilities.
Twenty-five States own and operate more than 700 airports. Forty-three States have budgeted nearly $180 million for fiscal year 1970 for airport development.
Despite this considerable effort, the National Governors' Conference expresses its great concern over the growing over-loading of our national airways and airport system to meet the air transportation needs of the United States. We commend the Congress for enacting a major new program of financial assistance for airport development.
However; this initial step must be supported by the following additional action:
1. Federal legislation imposing new or increased taxes and user charges, particularly taxes on aircraft fuel and terminal use fees, must not preempt but rather preserve the power of States and localities to collect appropriate taxes and fees to support their share of costs for airport development and improvement.
2. The development of a comprehensive National Airport System Plan should be based upon individual State Airport Systems Plans, developed in cooperation with federal and local governments.
3. Sufficient funds must be made available from the new federal legislation for airport planning activities at the state government level. We urge the Secretary of Transportation to set aside not less than one-third of all planning funds in the new Act for use solely by state aviation and planning agencies.
4. We urge all States to join the twenty-seven States which have adopted the "Uniform State Channeling of Federal Airport Funds Act" as drafted by the Federal Aviation Administration in cooperation with the Council of State Governments.
5. We urge all States to consider provisions for connecting ground transportation when preparing airport plans.
URBAN MASS TRANSPORTATION'
States are employing broad and varied tools to aid public transportation systems. Every State has exercised its authority to form areawide mass transit districts, and to grant them taxing authority and bonding powers. Several States are now providing direct capital grants for the construction of mass transit facilities. States are involved in providing operating subsidies, and States have used their powers of taxation and tax exemption to stimulate the development of transit service.
State action is a must because of the nature of mass transit problems. The State has the responsibility to give each urban region the attention it requires, but also a responsibility to coordinate among the individual units in that region. The State can usually help resolve conflicts between city and suburban political subdivisions.
The development of adequate, modern systems of urban mass transit is essential to the continued life of the urban areas within our States. To accomplish this purpose, the National Governors' Conference urges the following action:
1. The establishment of a National Public Transportation Trust Fund. The program should be adequately funded by the Federal Government to meet the needs of both the large urban areas requiring subway or rail transit systems, and the growing urban areas requiring bus transportation facilities.
2. The federal assistance program should provide for channeling of transportation assistance funds through an appropriate state agency. The applicant for assistance under the Act should first receive state approval certifying his proposed project as part of or consistent with a statewide or regional comprehensive transportation plan.
3. The Governor or his designee should have authority to set priorities for the funding of public transportation projects within the State, and these priorities should be honored by the Federal Department of Transportation.
4. The establishment of a major federal grant program to States for public transportation planning and development should require recipient States to have a program of tax exemption or financial assistance to public and private transit systems, a specific statewide agency responsible for public transportation development, and a statewide transportation program in progress.
5. The Congress should act to exempt public and private transit systems from the federal gasoline tax, thereby providing these systems with a form of badly needed financial relief that has already been provided at the state level in several cases.
RAILROADS
The National Governors' Conference is concerned about the decline of the railroads as a major element in the American transportation system. The railroads are essential to the continued economic role to fill in the movement of persons. To strengthen our Nation's rail system, we urge the following:
1. Federal legislation which would provide for the establishment of a national rail passenger system, with financial assistance from the Federal Government and private industry, and a significant role for the States in the determination of necessary services and facilities for a balanced rail transportation system.
2. Federal legislation to create a federal-state partnership in regulating the safety of our railroad system. We urge legislation providing for State regulation of all stationary railroad facilities including roadbeds, grade crossings, and station installation, and for federal financial assistance in this intergovernmental effort.
3. The Congress should conduct a complete investigation of present federal laws, regulations and policies now governing the railroad industry to determine what unnecessary burdens and impediments are placed upon the industry, inhibiting its adequate maintenance and development. This study should include an examination of the role and policies of the Interstate Commerce Commission and the Department of Transportation, and it should study methods for maintaining inter-city service.
4. State and local governments should completely review their laws and regulations affecting taxation of railroad property and imposition of unneeded manpower requirements. A careful study should be made of the cost burden paid by railroads for construction and maintenance of grade separations and crossings to determine an equitable method of sharing the costs between the beneficiaries.
5. We commend the Congress for its farsighted action in creating the research and development programs for railroads and high-speed ground transportation. We urge continued adequate funding for these programs.
6. We call upon the railroad industry to recognize its responsibility to the American people to use new initiative and energy in improving passenger service. Better management techniques and creative investment of resources can strengthen this vital component of the Nation's transportation network.
WATERWAYS
The National Governors' Conference supports the establishment of national, uniform standards for safety in the manufacture and maintenance of boats. We support continued State licensing and regulation of boat operators and operations.
We recognize the growing need for ferry boat and water surface transportation systems where these are the least expensive and most practical way of extending transportation connections. We call upon the Federal Department of Transportation to initiate an action program to give aid to those parts of the Nation in need of such water transportation development.
COMMUNICATIONS
The National Governors' Conference recommends to the Congress and to the Federal Communications Commission the full reexamination of the present allocation of the frequency spectrum.
Special attention should be given to the increasing need to allocate radio frequencies for emergency and public services. A special frequency, common throughout the Nation, should be established for emergency medical services to facilitate communications between ambulances and hospitals.
COMMERCE
The National Governors' Conference endorses development of a commercial freight rate structure which is non-discriminatory and does not promote inefficiency, and we urge Congress to undertake a study to this end.
ADMINISTRATION AND IMPLEMENTATION OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT
(a) Commendation of LEAA
The National Governors' Conference commends the administrators and staff of the Law Enforcement Assistance Administration for their extensive and helpful cooperation with the States in implementing the Omnibus Crime Control and Safe Streets Act of 1968. Their actions in fostering the development of qualified staff at the-state level, providing wide latitude to the States in developing plans for improving the entire criminal justice system, and generally supporting the general state partnership required in a bloc grant program sets an outstanding example that could well be emulated by other federal departments. Their efforts to insure the success of this first program embodying a true bloc grant approach to an intergovernmental problem are noteworthy.
(b) Fiscal policies
The National Governors' Conference strongly urges the Congress of the United States to provide full funding for the Omnibus Crime Control Act to insure the effective accomplishment of intergovernmental crime control action in dealing with one of the Nation's most serious domestic problems. We urge uniform matching requirements for all of the programs under the Omnibus Crime Control Act, including discretionary money, at a ratio of ninety percent federal and ten percent non-federal matching.
We oppose the mandating by Congress of bloc grant funds for any specific program purpose thus limiting the States' flexibility.
We oppose the administration of bloc grant funds in so restrictive a manner as to, in effect, make them into a categorical program.
We also oppose any action by the Congress which would mandate a specific percentage of State appropriated funds to match local crime control programs.
STATE-CITY COOPERATION
The National Governors Conference re-states and reemphasizes its commitment to vigorous and effective action to control the burgeoning crime problem in the urban areas of our States. Recognizing that the plague of crime knows no jurisdictional boundaries, the Governors of the States pledge their active support to the comprehensive planning and intergovernmental action called for in the Omnibus Crime Control Act of 1968. The Governors are firmly committed to the need for a working partnership with elected and other policy-making officials in the counties and municipalities of our States to accelerate efforts in developing comprehensive metropolitan crime control programs and facilities. We support and encourage voluntary State assistance to local governments for criminal justice programs.
CRIMINAL CODE REVISION
The National Governors' Conference finds that one of the most critical needs in the improvement of many States' criminal justice systems in the revision, modernization and simplification of the criminal code, including a model sentencing code. The Governors of the States pledge their commitment to request the State legislatures, in cooperation with the appropriate state and local criminal justice officials and members of the bar, to review and, where necessary, revise the State criminal code immediately, and at least once each decade thereafter.
The National Governors' Conference requests that the American Bar Association, together with other national organizations of the criminal justice bar and bench, provide professional leadership by assisting the States in this code revision effort. We urge careful consideration by all States of the American Bar Association Standards for the administration of criminal justice.
The Governors urge the United States Department of Justice to establish a clearinghouse for state criminal code revision efforts. This office should serve only as a source of advice and information-sharing among the States.
CRIMINAL JUSTICE SYSTEMS IMPROVEMENTS
The National Governors' Conference expresses its strong commitment to the integration and cooperation of all state and local criminal control efforts into a streamlined efficient system of criminal justice administration:
A. To this end, the Governors of the States support, encourage and will pursue the following steps to aid law enforcement officials:
1. Personnel
a. Development of minimum statewide professional standards for police recruitment, training and performance, and improvement in law enforcement officers' salaries.
b. Development of incentive or merit systems to insure recognition and advancement of those who excel.
c. Recruitment and training of staff and auxiliary service personnel to relieve the law enforcement officers from clerical and support duties.
d. Development of comprehensive law enforcement officer training programs to include operations, public administration, law, technology, available social services and human relations.
e. Encouragement of educational advancement to work-study programs, in-service training, and scholarships for full and parttime professional study.
2. Resources:
a. Development of a statewide integrated information and communication system to facilitate intergovernmental cooperation in crime control.
b. Development of statewide or regional crime laboratories.
3. Relationship to the community:
a. Programs of public support and education to improve understanding and cooperation between the citizen and the law enforcement officer, including education programs at the junior and senior high school levels, to develop understanding of the criminal justice system.
b. Increased recruitment for police service careers from among persons of all races and economic situations.
B. To this end, the Governors of the States support, encourage, and will pursue the following steps to improve the judicial process.
1. Personnel
a. Request legislation establishing Statewide professional and educational standards for all judges and court administrative officials, elected or appointed, to state or local courts.
b. Establish statewide minimum salaries for all judges and court administrative officials.
c. Establish procedures for the administration of judicial conduct, discipline and retirement.
d. Institute statewide assigned counsel or defender systems, financed by the jurisdiction which has the responsibility for prosecution.
2. Organization:
a. Create unified systems with specialized branches where appropriate.
b. Urge the Congress to ratify the Interstate Agreement on Detainers on behalf of the Federal Government.
3. Procedures:
a. Improve jury selection systems by modernizing criteria for exclusion from duty, instituting better record-keeping, and increasing compensation for public service.
b. Modernize archaic court procedures in areas such as providing expanded pre-trial discovery, extending prosecution's right to appeal from pre-trial rulings suppressing evidence, and providing simple state postconviction procedure.
c. Institute statewide procedures for promoting just and uniform sentencing.
d. Institute procedures to require counsel for a parole violator.
C. To this end, the Governors of the States encourage, support and will pursue the following steps to aid and improve the corrections system:
1. Personnel:
a. Commit additional resources to probation and parole sources to reduce the existing imbalance between institutional maintenance and field. services.
b. Improve recruitment, training and retention of correctional personnel by increases in salary, scholarships for professional training and intensive in-service training programs.
c. Institute probation and parole services which make use of volunteers and some professional aides, including ex-offenders:
d. Develop improved standards and procedures for parole decision-making.
2. Institutions
a. Establish and enforce statewide standards for jails and detention institutions.
b. Provide separate detention facilities for juveniles and women.
c. House and process persons awaiting trial separately from convicted offenders.
d. Provide separate treatment for individuals requiring specialized rehabilitation, such as narcotics addicts or alcoholics, on a regional or Statewide basis.
3. Programs:
a. Development of more intensive community treatment programs as alternatives to institutionalization.
b. Upgrade basic education and vocational training for inmates, and institute programs for job development, placement, and follow-up.
c. Design all rehabilitation programs so that they improve the re-entry of offenders into the community.
d. The consolidation of the administration of state correctional programs.
e. Adoption of the Interstate Correctional Compact providing for regional and interstate cooperation for the development of correctional institutions and programs.
D. Total system needs:
Development of mandatory statistical data collection and analysis for all components of the criminal justice system including police administration, court caseload, correctional data, and expenditures by state and local governments for criminal justice institutions.
THE PREVENTION AND CONTROL OF JUVENILE DELINQUENCY
The National Governors' Conference believes that any attempt to comprehensively prevent and control juvenile delinquency calls for bold, broad, basic and new approaches including redeployment of personnel and resources.
Commitment to the task of preventing juvenile delinquency requires:
a. Commitment to long-term research and development adequate to cope with the complexity of the delinquency problem.
b. A conscious broadening of the framework within which the problems are analyzed and remedies sought. There must be a willingness to examine and challenge all traditional operations.
c. The significant involvement of youth in any community's effort to understand and prevent juvenile delinquency.
d. Coordination of private and public services to youth including character building efforts and those geared to correction and rehabilitation.
e. Focusing attention and efforts on youth at an earlier age than we have previously.
f. A careful reevaluation of the unique role of the family in American societies.
g. Realism about the cost of long-range preventive efforts.
h. Establishment of vocational schools without severe standards and criteria to give every boy and every girl an equal education in the area of high rate unemployment.
In recognition of the key role which State Governments play in the intergovernmental effort to prevent and control juvenile delinquency, the Governors of the States urge that each State undertake to provide leadership and funding for the coordination of planning and services of all state agencies which contribute to the prevention, control, and treatment of juvenile delinquency.
Such coordination should encompass the States' effort under the Omnibus Crime Control and Safe Streets Act. Each State should emphasize and strengthen its commitment to programs designed to prevent delinquency, giving particular emphasis to home and school-centered programs aimed at youth who are in danger of becoming delinquent.
Because of the seriousness of the problem of juvenile delinquency and the need for major governmental action, the National Governors' Conference expresses its concern with the Juvenile Delinquency Prevention and Control Act of 1968. We find that it is poorly drafted as enacted, that it is inadequately funded, and that its administration is not properly coordinated with that of the Omnibus Crime Control Act. We urge that the Congress of the United States amend the Crime Control Act to provide for the transfer of the responsibility for administration of Title I of the Juvenile Delinquency Prevention and Control Act to the Law Enforcement Assistance Administration.
ORGANIZED CRIME.
The National Governors' Conference pledges full support and cooperation in the intergovernmental war on organized crime. To this end, the Governors of the States recommend the following actions by federal, state and local authorities:
a. Enactment of general witness immunity statutes at federal and State levels.
b. Formation of organized crime intelligence units in the offices of appropriate state agencies designated by the Governor and in local law enforcement agencies.
c. The continuation of federal technical assistance and training programs designed to assist in the development of competent staff for state and local jurisdictions, and the funding of federal assistance for development of state intelligence systems.
d. The creation and financing of state level programs to investigate the problems of organized crime, including the infiltration by crime syndicates into legitimate businesses and State and local governments, by focusing public attention upon the problem by means of crime commissions and grand jury investigations.
e. The drafting and publication by the suggested State Legislation Committee of the Council of State Governments of a Model State Corrupt Business Practices Act to aid States in preventing the infiltration and takeover of legitimate businesses by organized crime forces. Such a proposed law should include provisions for cancelling the State charters and licenses for any businesses so undermined.
f. The drafting and publication by, the same committee of a Model State statute to implement appropriate procedures for wiretapping and electronic surveillance and investigation by authorized law enforcement, agencies, and to implement the provisions to Title III of the Omnibus Crime Control and Safe Streets Act of 1968.
DRUG ABUSE
The National Governors' Conference is concerned with the extensive proliferation of the narcotics and drug abuse problem. Because of its multi-faceted nature and complexity, it is both proper and necessary that the problem be addressed by this Committee as well as the Committee on Human Resources. To combat the pervasive problem of narcotics and drug abuse, the Governors of the States recommend the following urgent efforts:
1. Federal and State Government should cooperate in the development of a coordinated attack on the narcotics and dangerous substances problem. Such an effort should include law enforcement, prevention, and treatment. Toward this end, a joint federal-state coordinating committee should be established.
2. Enactment by the States of the Uniform Controlled Dangerous Substances Act, as well as other drug control legislation which:
a. Grants courts and correctional authorities sufficient flexibility with user to permit individualized sentencing and treatment, and the imposition of appropriately severe sentences for pushers and sellers.
b: Requires prompt disposition of the offender's case.
c. Effectively unifies all state drug control programs and coordinates all private and public efforts to control drug abuse.
3. Development of state programs for the rehabilitation and treatment of offenders requiring close supervision and control while correcting problems of drug abuse by providing alternative methods for disposition of drug users by the establishment of adequate facilities for both voluntary and involuntary admissions and for out-patient treatment programs.
4. Development of more aggressive efforts in customs and law enforcement by the Federal Government in cooperation with state officials in the border states to halt the illegal importation and smuggling of drugs, narcotics, and other dangerous substances. The Federal Government should simultaneously undertake efforts at the diplomatic level to achieve this purpose.
5. The enactment by the Congress of the proposed Controlled Dangerous Substances Act of 1970, as proposed by the U.S. Department of Justice.
6. The enactment of interstate compacts to further cooperation among the states in the control of drug and narcotics abuses.
THE CRISIS OF UNREST
The National Governors' Conference recognizes and, supports the historic and constitutional right of all citizens to dissent from public policies, and to seek to change such policies through public assembly, and through the peaceful expression and exchange of views.
Violence and disorder are not justified in a democratic society. We condemn lawlessness on all sides, be it by those who dissent from public policies, those who support them, or those who are called upon to keep or restore the peace. We affirm that the first responsibility of the peace- keepers is to protect the safety and lives of all those involved, however. We recognize also the correlative right of the peace-keepers in the discharge of this responsibility to use such force as may be necessary for their own self-protection.
We believe that change in a democratic society must be achieved through the calm and. reasonable exchange of views. And to that end we urge greater dialogue and understanding among all segments of our society so that we might prevent the polarization of views, and the escalation of differences to the point of violence.
On the campus, we believe that the faculty and administration have the primary responsibility for the prevention of disorder and the preservation of the tranquility of the learning community. But we also affirm the right and responsibility of the State to act to restore peace both on the campus and in the larger community when other means have been tried and have failed.
We also pledge our efforts toward the constant renewal and revitalization of the institutions of our society ... not only in education but in government and business as well ... to prevent them from becoming impersonal toward the citizen, neglectful of the society, and brittle or unresponsive to each generation of Americans.
FIREARMS CONTROL
The National Governors' Conference, recognizing the varying requirements for firearms legislation in each State, recommends and will pursue legislative enactment of:
1. Federal and State laws controlling the transportation and possession of military type firearms and ordnance, other than small arms.
2. State laws prohibiting certain categories of persons, such as habitual alcoholics, drug addicts, mental incompetents, persons with a history of substantial mental disturbance, and persons convicted of felonies, from buying, owning, or possessing firearms.
NATIONAL GOALS ARE NEEDED
There is a need for the President and Congress to set national goals in the fields of ecology, environment, conservation, and population. It would simplify the direction of state and local efforts if they could mesh their goals with national goals. These goals should stand out as signal flags on the halyards of our ship of state so that all could see them and understand them.
STRONG STATES IN THE FEDERAL SYSTEM ARE NEEDED
There must be a constant recognition of the need to place as much responsibility as possible in planning and action at the State and local levels including such action that might necessitate interstate compacts. The unique abilities of State and local government to recognize priorities at the grass roots level should be respected and understood by the Federal Government. State governments should be permitted to set higher minimum standards than the Federal Government in the fields of environmental management and conservation.
The States need as much flexibility as possible in adjusting state and local programs to those needs unique to the area, economy, etc. Therefore, the bloc grant approach to federal planning and action funds disbursement is preferred over categorical grants.
MORE RELEVANT EDUCATIONAL EFFORTS IN ENVIRONMENT, CONSERVATION, AND POPULATION ARE NEEDED
We must recognize the urgent need for the teaching of environment, conservation, and population as a major basic educational requirement in primary, secondary, and higher education. Curricula of traditional offerings at all levels of education need to be examined for their relevance to the rapidly changing conditions of environment, natural resources, and population.
The competition for students' attention to a wide range of study matter should not be allowed to prevent a full understanding of the natural forces at play on this planet. Too often in the past, students have not been adequately taught the subjects of environment, conservation, and population, and have not learned the interrelationship of these subjects. Yet failure to understand this relationship could possibly spell mankind's doom if informed action based on knowledge is not taken by the public.
States should require a constant updating of educational curricula in order to strengthen the offerings in environment, conservation, and population.
A NATIONAL VOLUNTARY POPULATION DISTRIBUTION POLICY IS NEEDED
The United States needs to develop a national policy on voluntary population distribution. It is now projected that the population of the United States will rise from 200 million people at present to more than 300 million people by the year 2000.
Our Nation has practiced population distribution incentives in the past through such devices as the Homestead Act. A new and fresh approach to population distribution at the present time is needed.
The social and economic problems of overpopulated areas include ghettos; poverty; mass transit demands; overloaded educational, health, and recreational services; pollution of air and water; increased crime; and a growing level of individual frustration and nervous tensions.
On the other hand, underpopulated areas are suffering high economic and social costs as well. These costs are brought on by an inadequate tax base and too few people to support necessary institutions on a community basis such as schools, churches, hospitals, recreational areas, etc.
Environmental management and conservation become excessively costly because of the severe population imbalance between the overpopulated States and those which are underpopulated.
The Federal Government, through its inadvertent and uncoordinated planning and programs, is one of the major factors in creating population imbalance.
There are remedies that should be attempted to alleviate population imbalance. Subsidized low interest rates could be offered on loans for industrial expansion in under populated areas. Manpower training programs to assure an employee supply to industries which would expand outside of congested areas could be implemented. A revamping of the Interstate Commerce Commission freight rates, which now make economic expansion virtually impossible in some underpopulated areas, could be adjusted to permit industrial expansion in underdeveloped areas.
Federal tax incentives might be given to industries that locate away from overpopulated areas. Special federal grant programs to strengthen the desirability of living in underpopulated areas might be made. Grants for educational, health and recreational services necessary in order to attract people to live in areas now considered underpopulated would lessen the cost and burden of trying to provide these same services to the same people if these people are attracted to densely populated areas.
NATIONAL AND STATE COASTAL ZONE POLICY PLANNING AND MANAGEMENT ARE NEEDED
A. National coastal zone management
The coastal zone presents one of the most perplexing environmental management challenges. The thirty-one States which border on the oceans and the Great Lakes contain seventy-five percent of our Nation's population. The pressures of population and economic development threaten to overwhelm the balanced and best use of the invaluable and irreplaceable coastal resources in natural, economic, and aesthetic terms.
To resolve these pressures, two actions are required. First, an administrative and legal framework must be developed to promote balance among coastal activities based on scientific, economic, and social considerations. This would entail mediating the differences between conflicting uses and overlapping political jurisdictions.
Second, efforts must be made to gain additional knowledge of the nature of the coastal zoning and the multiple effects that different uses would have upon our environment.
States must assume primary responsibility for assuring that the public interest is served in the multiple use of the land and water of the coastal zone. Local government cannot be expected to cope with the broad spectrum of interrelated coastal problems, nor can local political subdivisions be expected to make their judgments consistent with those of many interlocking political jurisdictions.
Coastal states, because of unique conditions existing along their shorelines, have advantages in coping with coastal zone planning and management that the Federal Government does not have. The Federal Government, however, should establish incentives and assistance to help the coastal states prepare plans and action.
The ultimate success of a coastal management program will depend on the effective cooperation of federal, State, regional, and local agencies. At the federal level, this would require the development of goals and an administrative framework which would avoid the existing duplication, conflict, and piecemeal approach that is too often typical of federal planning assistance programs. Any federal legislation which attempts to establish a coastal program must allow States the necessary flexibility for creating management instruments most suited to their specific conditions.
Basic to a coastal management program are the funds necessary to plan and take action. The requirements for coastal zoning management are so urgently needed in the Nation's interest that federal monies must be made available to the States at a level which will not only provide incentive, but will allow an adequate program to be developed based on federal, state and local participation.
Any attempt to diminish the federal financial participation or to shift the burden to the States will result in irreparable delay and inadequacy in bringing under control the serious coastal environment and natural resource conservation problems.
B. Coastal States Organization.
In recognition of the need for preserving the invaluable and irreplaceable marine resources of the Nation, and in response to the National Governors' Conference, policy statement calling for the formation of a maritime states organization to pursue those ends, the Coastal States Organization was established.
Among its responsibilities, the Organization will:
(a) contribute to the development of common policy regarding national coastal zone management legislation and programs, and serve as spokesman for the maritime states, territories, and trust territories on marine and coastal affairs;
(b) provide mutual assistance in solving common state and intermarine resource problems; and
(c) serve as a clearinghouse for information relative to marine activities of the member States.
In affirmation of the responsibilities and powers of the States in the management of marine and coastal affairs, and in recognition of the purpose of the Coastal States Organization to further these goals, the Governors urge all eligible States to become members of the Organization, and encourage the full cooperation of all States, inland as well as coastal, in the efforts of the organization.
A CHANGE IN NATIONAL ATTITUDES TOWARD NON-REPLACEABLE NATURAL RESOURCES IS NEEDED
There is a growing need to establish a new attitude in America among consumers which differentiates between quality of living and standards of living, as well as quantitative consumption and quality of life.
For example, we should examine the wisdom of our present system of reduced electric power rates as a reward for heavy consumption when that consumption might be beyond the electric consumption needed for a specific business or residence.
A flat rate for an adequate amount of electric energy based on the size of family or industrial need could be established. Sharply rising rates for electric consumption above the adequate standard set would provide a penalty for that waste which does not contribute to our economy or to the quality of living.
The consumption of non-replaceable coal in the thermo-generation of electricity which is wasted does not add to the quality of life and is an example of squandering natural resources without significant benefits to mankind.
Waste of fresh water cannot be tolerated indefinitely. Less than one percent of the water on the face of the earth is potable. In the face of rising populations and per capita water use, we are faced with the need to conserve our precious water resources by eliminating unnecessary waste. Wasted water adds nothing to our quality of living.
The same principle which applies to the wasteful use of electric energy and potable water can be applied to the use of petroleum products in our automobile engines. States should consider a policy of encouraging smaller but adequate engines through sharply graduated license fees which discourage larger than necessary engines that do not contribute to the quality of living. There are far too many vehicles in use today which wastefully consume the non-replaceable crude oil resource and add unnecessary pollutants to the air.
The national attitude which equates some forms of waste with a high quality of life needs to be changed. Waste does not add to the quality of life, but in fact denies a high quality of life to future generations.
STATE LAND USE PLANNING IS NEEDED
There is an interest and need for a more efficient and comprehensive system of national and statewide land use planning and decision-making. The proliferating transportation systems, large-scale industrial and economic growth, conflicts in emerging patterns of land use, the fragmentation of governmental entities exercising land use planning powers, and the increased size, scale and impact of private actions have created a situation in which land use management decisions of national, regional and statewide concern are being made on the basis of expediency, tradition, short-term economic considerations, and other factors which are often unrelated to the real concerns of a sound land use policy.
Across the Nation, a failure to conduct sound land use planning has required public and private enterprise to delay, litigate, and cancel proposed public utility and industrial and commercial developments because of unresolved land use questions, thereby causing an unnecessary waste of human and economic resources and a threat to public services, often resulting in decisions to locate utilities and industrial and commercial activities in the area of least public and political resistance, but without regard to relevant environmental and economic considerations.
The land use decisions of the Federal Government often have a tremendous impact upon the environment and the patterns of development in local communities; that the substance and the nature of a national land use policy ought to be formulated upon an expression of the needs and interests of state, regional, and local government, as well as those of the Federal Government. Federal land use decisions require greater participation by state and local government to insure that they are in accord with the highest and best standards of land use management and the desires and aspirations of state and local government.
The promotion of the general welfare, and to provide for the full and wise application of the resources of the Federal Government in strengthening the environmental, economic and social well-being of the people of the United States, we believe, is a continuing responsibility of the Federal Government, but should be consistent with and recognize the responsibility of state and local government for land use planning and management.
There should be undertaken the development of a national policy, to be known as the National Land-Use Policy, which shall incorporate environmental, economic, social and other appropriate factors. Such policy shall serve as a guide in making specific decisions at the national level which affect the pattern of environmental and industrial growth and development on the federal lands, and shall provide a framework for development of interstate, state and local land use policy.
The National Land Use Policy should:
1. Foster the continued economic growth of all States and regions of the United States;
2. Favor patterns of land use planning, management and development which are in accord with sound environmental principles and which offer a range of alternative locations for specific activities and encourage the wise and balanced use of the nation's land and water resources;
3. Favorably influence patterns of population distribution in a manner such that a wide range of scenic, environmental and cultural amenities are available to the American people;
4. Contribute to carrying out the federal responsibility for revitalizing existing rural communities and encourage, where appropriate, new communities which offer diverse opportunities and diversity of living styles;
5. Assist State Government to assume responsibility for major land use planning and management decisions which are of regional, interstate, and national concern;
6. Facilitate increased coordination in the administration of federal programs so as to encourage desirable patterns of environmental, recreational, and industrial land use planning; and
7. Systematize methods for the exchange of land use, environmental and economic information in order to assist all levels of government in the development and implementation of the National Land Use Policy.
Intelligent land use planning and management provides the single most important institutional device for preserving and enhancing the environment and for maintaining conditions capable of supporting a quality life while providing the material means necessary to improve the national standard of living.
FULL FUNDING AND IMPLEMENTATION OF STATE COMPREHENSIVE OUTDOOR RECREATION PLANS IS NEEDED
Remaining undespoiled natural areas of wetlands, forests, plains, deserts, and mountains are being exploited and despoiled at an alarming rate. The expenditure of outdoor recreational funds should not be diverted from the urgent need to acquire and protect these natural areas.
Crash funding programs that seek to carve urban parks in the midst of urban glut are dramatic examples of inadequate planning. The overcoming of inadequate planning in the past through crash programs should not be allowed, through the monopoly of limited funds, to perpetuate inadequate planning, insufficient preservation, and too late acquisition for future generations.
Meanwhile, however, we must also recognize that these long range plans are being eroded by present and increasing pollution of our water resources.
The National Governors' Conference, therefore, calls upon the Congress and the Administration to support also the appropriation of the full 1.25 billion dollars authorized by the Congress for the construction of waste water treatment plants. Any retreat from this promised federal commitment will further delay the way when American citizens will have access to adequate supplies of unpolluted water for recreational and other uses. Further delay will also increase the construction costs involved in bringing about clear waters, and it will represent a betrayal of those States which have, through prefunding, relied on past federal promises that funds would be forthcoming by now.
Full funding and implementation of state comprehensive outdoor recreation plans and national sewage treatment plant construction programs is the best means of solving both short-run and long-run recreational problems of megalopolis.
A REVITALIZATION OF FORESTRY BY ALL OWNERSHIPS IS NEEDED
There is an urgent need to revitalize forestry efforts nationally on all ownerships. The timber supply situation has pointed up the need for strong direction by the Administration.
The future demands for lumber and forest products will provide increased competition between the many uses of a shrinking forest land base. There are presently substantial acreages of state, private and federal lands potentially capable of producing forest products, but are in need of reforesting.
Proven timber management practices could be instituted by the Forest Service and the Bureau of Land Management and other public and private forest management agencies to promote increased or high yield timber growth on existing timber-producing lands, provided funds were made available for this purpose.
The Federal and State Governments need to establish a policy to encourage reforesting of denuded publicly-owned commercial forest lands.
Existing programs need to be strengthened to offer greater inducements for private landowners to reforest their lands. A great number of public values would thus accrue, beyond those to the landowner individually. Such benefits as establishing and improving watersheds and water quality, arresting soil erosion, improving flood control and stream sedimentation, wildlife habitat and recreational opportunities would result. The increased fiber would contribute to the housing needs of a growing Nation.
NATIONAL CLEARINGHOUSE AND REGISTRATION OF CHEMICALS
Whereas, over 6,000 chemicals are released into our air, water and land; and
Whereas, there is a need to study and analyze all chemicals before they are introduced into our environment; and
Whereas, there is a need to continuously monitor all chemicals in the environment:
Now, therefore, be it resolved that the National Governors' Conference urges that a national clearinghouse be established to 1) register all chemical compounds released into our environment, 2) pre-screen each chemical as to its ecological effects prior to its introduction, and 3) continuously monitor these chemicals in our environment, and that this action by the member Governors be transmitted to the President as evidence of our sincere and genuine concern.
VIETNAM PRISONERS
The National Governors' Conference is united in expressing outraged indignation at the consistently inhumane treatment of United States soldiers held captive in North Vietnam.
Identities of prisoners are kept secret. Mail from relatives is not delivered. Representatives of internationally recognized agencies are not permitted access to prisoners. All these things are in blatant violation of the Geneva and Laos agreements.
We condemn this despicable circumstance which causes unnecessary anguish to the men, their families and friends. And we urge United States authorities and those in other civilized nations to mobilize all agencies at their disposal to correct these abominable conditions.
UNITED STATES TERRITORIES AND COMMONWEALTH OF PUERTO RICO
All policy statements of the National Governors' Conference, wherever reference is made to "The States," or "The Fifty States," etc., shall also include where relevant the additional words "and the Territories and the Commonwealth of Puerto Rico".
PRESIDENTIAL VOTE FOR PUERTO RICO
Section 5 of the Organic Act of 1917, an Act to provide a civil government for Puerto Rico, extended American citizenship to the people of Puerto Rico. However, United States citizens residing in the Commonwealth of Puerto Rico who are eligible to vote cannot do so for President and Vice President of the United States.
Equally, residents of Puerto Rico who move to the States and who otherwise qualify as voters become eligible to vote for President and Vice President of the United States. Residents of the several States who are otherwise qualified to vote become ineligible to vote for President and Vice President of the United States if they move to Puerto Rico. Purely geographical considerations should not control the right of American citizens to vote for their President and Vice President.
Since 1917 the people of Puerto Rico, under the same obligation as citizens of a State, have served in the Armed Forces of the United States with distinction.
Considering that effective participation in the political process of the government is an integral part of American citizenship, the President of the United States and the Governor of Puerto Rico have appointed a Joint Committee to study the Presidential vote for Puerto Rico.
In view of the above, the National Governors' Conference assembled in Lake of the Ozarks, Missouri, in recognition of the contributions made to our Nation by the U.S. citizens of Puerto Rico, recommends that should they request it, the people of Puerto Rico be granted the right to vote for President and Vice President of the United States.
A copy of this statement should be transmitted to the President of the United States, the Speaker of the House of Representatives, the President of the Senate, and the Chairman of the Ad Hoc Committee on the Presidential Vote for Puerto Rico.
EARTH WEEK
Whereas, there is an urgent need to promote a broader awareness and understanding of the environmental crisis facing each and every State in the United States; and
Whereas, there is a compelling need to encourage a continuing commitment by all interests including education, agriculture, business, labor, and civic and private organizations, to work to solve these fundamental environmental problems:
Now, therefore, be it resolved that we as Governors assist in focusing the Nation's attention on environmental problems and their solutions by declaring the third week in April "Earth Week" in our respective States and seek the broadest participation in its activities.
MERCURY CONTAMINATION STANDARDS
Mercury contamination of the Nation's streams poses danger to the health and wellbeing of our people and has brought forth expressions of protests and dismay from all parts of our Nation.
Approximately one-third of the States have streams which are involved with mercury contamination, thus indicating a need for corrective activity on the federal level.
The States directly involved with this grave problem have, by their respective separate actions, diligently pursued diverse courses of remedial and corrective measures, all well intentioned but lacking in uniformity so essential in interstate matters. Thus, due to the interstate nature of our streams, any corrective activity involving regulatory measures should emanate on the federal level and should afford a just and equal criteria for all of the States involved.
It is imperative that certain measurable minimum amounts of allowable mercury outflow should be established which would not constitute a health hazard to the people of America. The Federal Water Quality Administration is the appropriate agency to initiate corrective measures which would be effective and binding throughout the several States; therefore, the National Governor's Conference urges the Federal Water Quality Administration to immediately. initiate action for the determination of minimum amount of mercury outflow which would not constitute a hazard to public health, and upon such determination promulgate regulations having equal application throughout the Nation sufficient to insure that such minimum mercury outflow is not exceeded and that such regulations contain appropriate enforcement provisions.
RED CROSS DISASTER RELIEF NEEDS
Whereas, the American Red Cross is the established agency for the provision of family relief in the event of disaster and catastrophe, providing assistance that is not duplicated by any public or private program; and
Whereas, the emergency relief funds of the American Red Cross have been seriously depleted by the provision of disaster relief to the victims of Hurricane Camille in Mississippi one year ago and to those who suffered in the great tornado that struck Lubbock, Texas, in May, 1970; and
Whereas, the people of Corpus Christi and of the Central Texas Gulf Coast were devastated by Hurricane Celia on Monday, August 4, 1970; and
Whereas, more than 65,000 families in this area suffered loss, 8,950 homes being destroyed, and 55,650 homes being damaged, and
Whereas, 30,000 of our fellow citizens have received emergency assistance from the American Red Cross in the form of food, clothing, temporary housing, and medical care; and
Whereas, the need is very great for additional funds to permit the American Red Cross to carry out its mission of mercy for the victims of Hurricane Celia with a minimum of $6 million being needed at once:
Now; therefore, be it resolved by the National Governors' Conference that all citizens of the United States are urged to assist the victims of Celia by making generous voluntary contributions through their local Red Cross chapters to sustain the disaster relief program thereby showing their sincere and genuine concern for their fellow men.
RESOLUTION OF APPRECIATION
The National Governors' Conference expresses its sincere gratitude to Governor and Mrs. Warren E. Hearnes, Mr. and Mrs. Gene Sally, and Mr. and Mrs. Frank J. Iuen, III, for their untiring efforts in making its 62nd Annual Meeting, August 9 to August 12, at Lake of the Ozarks, Missouri, an inspiring and memorable experience. To the very special guests, the Conference offers its heartfelt thanks for their excellent contribution and participation. To all those that took part in the thoughtful and beneficial program session, the Conference expresses deep gratitude. And to all others who helped plan and carry out the myriad array of activities, the Conference extends its appreciation and thanks for cooperation and friendly attitude exhibited by everyone involved in presenting the Annual Meeting.
The National Governors' Conference also expresses its appreciation to Governor John A. Love for his tremendous job and great leadership as Chairman.
We are grateful to Governor and Mrs. Hearnes and Governor and Mrs. Love for making this a productive and thoroughly enjoyable Conference.
We express appreciation to Charles Byrley and the staff of the National Governors' Conference and to Brevard Crihfield and his staff for the efficient and orderly manner in which this Conference has been-handled.
The "Red Carpet" hospitality that was rolled out for the Governors, their families and staffs beautifully demonstrated that "Missouri does love company" – and we love Missouri hospitality and the Missourians who have made this Conference possible.
We further express our appreciation to the members of the news media for their extensive coverage of our deliberations and the courtesy they have shown to the Governors and their families. We appreciate their professional efforts to inform the public regarding the matters of serious concern which have been the subject of our discussions.