May 6, 1974
Page 13224
THE FEDERAL ENERGY ADMINISTRATION
Mr. MUSKIE. Mr. President, last week the Senate acted on the important legislation which creates the Federal Energy Administration.
The creation of this agency comes at a time when Congress and the Nation can look back and assess the performance of our various institutions during the trying winter months of the energy crisis. While any such assessment is easier in hindsight, one thing is as clear now as it was last winter – much of the success of our energy programs and policies was based on the ability of State and local governments to deal with the day-to-day problems caused by the constantly changing energy situation.
However, the successes of State and local governments came too often in spite of Federal regulations and policies rather than because of them. In a series of energy hearings the Subcommittee on Intergovernmental Relations, of which I am chairman, heard much testimony about the way the crisis affected the operations of State and local governments. We heard from the Governor of Maine that he could not get information from FEO concerning the extent and the nature of the energy shortages he could expect. We talked in Boston with State and local energy officials from other New England States and they all told us that their offices were understaffed, their authorities unclear and their responsibilities undefined.
The FEA Act provides solutions to these problems and other energy-related problems faced by State and local governments and its provisions have special significance to them. First, the act provides that the FEA officer responsible for Federal and State coordination shall be appointed by the President and confirmed by the Senate. This provision lifts the State liaison official out of the endless maze of titles and departments and places the person responsible for this important task under direct congressional scrutiny and in the eye of the public.
Second, the act requires the FEA Administrator to develop effective arrangements for the participation of State and local governments in the resolution of emergency problems. It specifically requires the FEA to allow State governments to comment, where practicable, on FEA policies, rules, and regulations that affect their operations. Further, the act requires FEA to provide State governments with the information and technical assistance they need to thoughtfully and properly exercise their energy-related responsibilities and authorities.
The Senate-passed bill required the FEA to provide time for comment on rules and regulations and information to local governments as well as State governments. The conferees chose, however, to limit this responsibility to State governments as a practical matter. This change in no way affects FEA's obligation to local governments set forth in other sections of the act and does not diminish the important role played by local governments in such areas as conservation and utility rate setting.
Third, the act authorizes the FEA Administrator to reimburse State and local governments for the use of their facilities and personnel, and enter with them into contracts, leases and cooperative agreements. This means that in many cases where State and local governments have been administering Federal programs and policies the FEA Administrator can now remove the attendant financial burden of supporting these programs.
These provisions fill many of the gaps in Federal energy policy encountered by State and local governments in their efforts to deal with the energy crisis this past winter and will serve to restore the proper balance between Federal, State, and local responsibilities.