Science, and transportation united states senate

application of weather modification techniques with inadequate safe-

guards or incomplete understanding, and realizing that weather modi-

fication experiments or operations could possibly affect areas extending

across State and national boundaries, the Congress considered that such

activities "are matters of national and international concern" and ac-

cordingly, declared it "to be the policy of the Congress, in order to effect

the maximum benefit which may result from experiments and opera-

a Advisory Committee on Weather Control, final report, Washington, D.C., U.S. Govern-

ment Printing Oflice. Dec. 31, 1957, vol. I, p. 8.

4 Public Law S3-256 (67 Stat. 559), Aug. 13, 1953, statement of purpose and policy.

196

tions designed to modify and control weather, to correlate and evaluate

several States and the duly authorized officials thereof with respect to

such activity, all to the end of encouraging intelligent experimentation

and the beneficial development of weather modification and control,

preventing its harmful and indiscriminate exercise, and fostering

sound economic conditions in the public interest." 5

In order to determine the extent to which the United States should be

involved in weather modification research and/or operations and in the

regulation of such activities, the Advisory Committee on Weather Con-

trol was established by Public Law 83-256, approved August 13, 1953,

and was directed by that law to make a complete study and evaluation

of public and private experiments in weather control.

The Committee was to be composed of Government and non-Govern-

ment members in about equal number and, in carrying out its man-

date, was given authority to conduct hearings, to acquire pertinent

information and records from departments and agencies of the execu-

tive branch, and to enlist the services of personnel of any agency of

the Federal Government (with the consent of the agency concerned). 6

The Committee was requested to submit from time to time reports on

its findings and recommendations to the President for submission to

the Congress and was directed to submit its final report to the Presi-

dent for transmittal to the Congress by June 30, 1956. 7 It became clear

that the study was of such magnitude that additional time would be

required for its successful completion, and the Committee requested

that its life be extended 2 years, noting that . . it has succeeded in

establishing some positive and important results which justify the

Federal Government continuing its special interest in the field. " 8

Thereupon, the Congress passed Public Law 84-664 (70 Stat. 509)

of July 9, 1956, which extended the date for completion of the report

until June 30, 1958. The final report of the Committee was submitted

to the President on December 31, 1957. 9

Direction to the National Science Foundation

The Advisory Committee on Weather Control recognized that the

development of weather modification rested on fundamental knowl-

edge obtainable only through scientific research into processes in the

atmosphere and recommended that an agency, preferably the Na-

tional Science Foundation (XSF), be designated to promote and sup-

port meteorological research in needed fields, to coordinate research

projects, and to constitute a central point for assembly, evaluation,

and dissemination of information. 10 Accordingly, when the Congress

enacted Public Law 85-510 of July 10, 1958, which amended the Na-

tional Science Foundation Act of 1950, additional responsibilities

were incorporated, directing the Foundation :

To initiate and support a program of study, research, and evaluation in the

field of weather modification, giving particular attention to areas that have

c Ibid.

7 Ibid., sec. 10. „ tl y,. _.

s Advisory Committee on Weather Control, first interim report, Washington. D.C., Feb-

ruary 1956, p. ii. _

9 Advisory Committee on Weather Control. "Final Report of the U.S. Advisory Com-

mittee on Weather Control," Washington, DC, U.S. Government Printing Office, March 6,

1958, in two volumes. 32 and 422. pp. (Recommendations of the Committee are found in

tbi< chapter, p. 2''.R. and in chapter G. )

:o Ibid., vol. I, pp. vii-vili.

197

weather phenomena, and to report annually to the President and the Congress

thereon. 11

The In SF was further directed to ". . . consult with meterologists

and scientists in private life and with agencies of Government inter-

ested in, or affected by, experimental research in the field of weather

control." 12 Authority was given to NSF to hold hearings, to require

the keeping of records and furnishing of information on weather

modification research and operations, and to inspect records and

premises as appropriate in order to carry out the responsibilities

assigned.

In effect, the NSF was asigned the "lead agency" role (a term

which was in later years to become the subject of much debate and

discussion) among Federal agencies involved in weather modification.

A decade later, the Foundation was stripped of these specific respon-

sibilities and of this lead agency role when the Congress again

amended the National Science Foundation Act of 1950, by passing

Public Law 90-407 of July 18, 1968. Section 11 of the 1968 law struck

section 14 and paragraph (9), subsection (a), of section 3 from the

National Science Foundation Act, terminating as of September 1, 1968,

the responsibilities spelled out in these sections a decade earlier with

regard to weather modification.

The Senate report which accompanied the bill subsequently enacted

as Public Law 90-407 stated that the NSF was divested of these func-

tions ". . . for a number of reasons :" 13

One [reason] is that the ramifications of weather modification are so broad

as to encompass far more issues than scientific ones. Another is that progress

in this area has reached the point where it requires much developmental work

as well as continued research. The Departments of Commerce and Interior are

assuming much of the responsibility in this area, which the Foundation may con-

tinue to back up with appropriate support for some of the research still needed.

NSF retains ample authority to continue support for the latter . . . and clearly

should do so. The Foundation will in any case continue those research activities

necessary to preserve continuity in the program, pending passage of the weather

modification legislation now pending. In the latter regard, the committee calls

attention to the necessity for legislation to continue elsewhere in the executive

branch the development and reporting activities which NSF will not have author-

ity to support after September 1, 1968.

Although legislation was introduced and considered by the Congress

which would have reassigned this lead agency role to another agency,

no further congressional action was taken on weather modification

until 1971.

Reporting of weather modification activities to the Federal Govern-

ment

weather modification activities and for reporting annually on Federal

programs and the general status of the field rested with the National

Science Foundation for the 10-year period from 1958 through 1968,

after which, as has been noted, these and other functions were sus-

pended by Public Law 90-407.

11 National Science Foundation Act of 1950. as amended by Public Law S5-510 (72 Stat'

358) of July 11. 1958. sec. 3. subsec. fa), par. (9).

12 Ibid., sec. 14.

13 U.S. Congress. Senate. Committee on Labor and Public Welfare, "National Science

Foundation — Functions — Administration." report to accompany H.R. 5404. Washington,

U.S. Government Printing Office, 1968. (90th CoDg., 2d sess. Senate Kept. No. 1137.)

198

After a lapse of over 3 years, the Congress passed Public Law 92-

person may engage or attempt to engage in any weather modification

activity in the United States unless he submits to the Secretary of

Commerce such reports with respect thereto, in such form and con-

taining such information, as the Secretary may by rule prescribe. The

Secretary may require that such reports be submitted to him before,

during, and after such activity or attempt." 14 The act further states

that the Secretary of Commerce is charged with responsibility to

maintain a record of such weather modification activities in the United

States and to publish summaries of the activities "from time to time"

as deemed appropriate, Such information received under the provi-

sions of this law, with certain exceptions, is to be made fully available

to the public. 15 Authority was provided to the Secretary to obtain the

required information by rule, subpena, or other means and to inspect

the records and premises of persons conducting weather modification

projects, as necessary, to carry out assigned responsibilities. There is

also provision for levying fines up to $10,000 on any person for non-

compliance with the stipulations of the law requiring the reporting of

weather modification activities. Public Law 92-205 is concerned with

the reporting of weather modification projects, however, not with

their regulation, control, or evaluation.

Within the Commerce Department, the weather modification report-

ing system required by Public Law 92-205 is administered on behalf

of the Secretary by the National Oceanic and Atmospheric Adminis-

tration (NOAA). Upon subsequent advertisement of Commerce De-

partment rules in the Federal Eegister, the requirement for submitting

information on weather modification projects became effective on

November 1, 1972. Federal agencies were excluded from the require-

ment to submit such information under the act; however, upon mutual

agreement by the agencies to do so, data on Federal projects have also

been collected and disseminated by NO A A as of November 1, 1973.

Appropriations for administering the provisions of Public Law

92-205 were authorized through June 30, 1974, by the original law.

Additional authorizations for appropriations, extending the responsi-

bility of the Secretary of Commerce for reporting procedures, were

approved by the Congress in two subsequent laws. Public Law 93-436

(88 Stat. 1212) of October 5, 1974, extended reporting requirements

through June 30, 1977; while Public Law 94-490 (90 Stat. 2359) of

October 13, 1976, contained among other provisions a similar exten-

sion of these provisions through June 30, 1980. The major thrust of the

latter act, known as the National Weather Modification Policy Act of

1976. is discussed in the next section.

The National Weather Modification Policy Act of 1976

After consideration of a number of bills introduced in the 94th

Congress and extensive hearings on weather modification, the Con-

gress passed Public Law 94-490 (90 Stat. 2359) , the National Weather

Modification Policy Act of 1976, which was signed October 13, 1976.

The following particular findings prompted the Congress to take

action :

1. weather-related disasters and hazards, including drought,

hurricanes, tornadoes, hail, lightning, fog, floods, and frost, result

54 Public Law 92-205 (85 Stat. 73G). sec. 2.

« Ibid., sec. 3

199

of annual economic losses to owners of crops and other property,

and substantial loss to the U.S. Treasury ;

2. weather modification technology has significant potential for

preventing, diverting, moderating, or ameliorating the adverse

effects of such disasters and hazards and enhancing crop produc-

tion and the availability of water;

3. the interstate nature of climatic and related phenomena, the

severe economic hardships experienced as the result of occasional

drought and other adverse meteorological conditions, and the ex-

isting role and responsibilities of the Federal Government with

respect to disaster relief, require appropriate Federal action to

prevent or alleviate such disasters and hazards ; and

4. weather modification programs may have long range and

unexpected effects on existing climatic patterns which are not

confined by national boundaries. 16

By this act the Congress proposed "* * * to develop a comprehensive

and coordinated national weather modification policy and a national

program of weather modification research and development —

1. to determine the means by which deliberate weather modifica-

tion can be used at the present time to decrease the adverse impact

of weather on agriculture, economic growth, and the general pub-

lic welfare, and to determine the potential for weather modifica-

tion;

likely to lead to practical techniques for drought prevention or

alleviation and other forms of deliberate weather modification;

3. to develop practical methods and devices for weather modifi-

cation ;

4. to make weather modification research findings available to

interested parties ;

5. to assess the economic, social, environmental, and legal im-

pact of an operational weather modification program ;

6. to develop both national and international mechanisms de-

signed to minimize conflicts which may arise with respect to the

peaceful uses of weather modification ; and

7. to integrate the results of existing experience and studies in

weather modification activities into model codes and agreements

for regulation of domestic and international weather modification

activities." 17

The act charges the Secretary of Commerce with responsibility for

conducting "a comprehensive investigation and study of the state of

scientific knowledge concerning weather modification, the present

state of development of weather modification technology, the problems

impeding effective implementation of weather modification tech-

nology, and other related matters. Such study shall include —

(1) A review and analysis of the present and past research

efforts to establish practical weather modification technology,

particularly as it relates to reducing loss of life and crop and prop-

erty destruction ;

(2) A review and analysis of research needs in weather modifi-

cation to establish areas in which more research could be expected

16 Public Law 94-490 (90 Stat. 2359), sec. 2, declaration of policy.

« Ibid. _

200

to, yield the greatest return in terms of practical weather modifi-

(3) A review and analysis of existing studies to establish the

probable economic importance to the United States in terms of

agricultural production, energy, and related economic factors

if the present weather modification technology were to be effec-

tively implemented ;

(4) An assessment of the legal, social, and ecological implica-

tions of expanded and effective research and operational weather

modification projects ;

(5) Formation of one or more options for a model regulatory

code for domestic weather modification activities, such code to be

based on a review and analysis of experience and studies in this

area, and to be adaptable to State and national needs ;

(6) Recommendations concerning legislation desirable at all

levels of government to implement a national weather modifica-

tion policy and program ;

(7) A review of the international importance and implications

of weather modification activities by the United States ;

(8) A review and analysis of present and past funding for

weather modification from all sources to determine the sources

and adequacy of funding in the light of the needs of the Nation ;

(9) A review and analysis of the purpose, policy, methods, and

funding of the Federal departments and agencies involved in

weather modification and of the existing interagency coordination

of weather modification research efforts ;

(10) A review and analysis of the necessity and feasibility of

negotiating an international agreement concerning the peaceful

uses of weather modification ; and

(11) Formulation of one or more options for a model interna-

tional agreement concerning the peaceful uses of weather modifi-

cation and the regulation of national weather modification-activ-

ities ; and a review and analysis of the necessity and feasibility of

negotiating such an agreement. 18

The act directs each department and agency of the Federal Gov-

ernment to furnish pertinent information to the Secretary of Com-

merce and authorizes the Secretary in conducting the study to "solicit

and consider the views of State agencies, private firms, institutions

of higher learning, and other interested persons and governmental

entities/' 19

A final report on the findings, conclusions, and recommendations of

the required study is to be prepared by the Secretary of Commerce and

submitted to the President and the Congress. The report is to include

the following :

(1) A summary of the findings made with respect to each of the

areas of investigation delineated above ;

(2) Other findings which are pertinent to the determination

and implementation of a national policy on weather modification;

(3) A recommended national policy on weather modification

and a recommended national weather modification research and

development program, consistent with, and likely to contribute to,

achieving the objectives of such policy;

™ Ibid., spc. 4. itady.

18 Ibid., sec. 5, report.

201

support adequately a national weather modification research and

development program ;

(5) Recommendations for any changes in the organization and

involvement of Federal departments and agencies in weather

modification which may be needed to implement effectively the

recommended national policy on weather modification and the

recommended research and development program ; and

(6) Recommendations for any regulatory and other legislation

which may be required to implement such policy and program or

for any international agreement which may be appropriate con-

cerning the peaceful uses of weather modification, including

recommendations concerning the dissemination, refinement, and

possible implementation of the model domestic code and inter-

national agreement developed under the specification in the list of

investigations above. 20

The act stipulated that the report was to be submitted by the Secre-

tary within 1 year after the date of enactment of the law ; that is, by

October 13, 1977. Following a request by the Secretary in June of

1977 for an extension of this time allotment, a Senate bill was intro-

duced, providing for an extension of the due date of the report through

June 13, 1978. No other action on this request was taken, however,

during the first session of the 95th Congress. Meanwhile, the study

mandated by Public Law 9J-490 continues under the auspices of the

Secretary of Commerce. 21

Congressional direction to the Bureau of Reclamation

Of special interest as they have affected the weather modification

activities of the Bureau of Reclamation within the Department of the

Interior are some laws not specifically concerned with weather modi-

fication as are the ones discussed above. The Reclamation Act of June

17, 1902, 22 directs the Bureau to develop water resources for reclama-

tion purposes, establishing a "reclamation fund,'' which may be used,

inter alia, "in the examination and survey and for the construction and

maintenance of irrigation works for the storage, diversion, and devel-

opment of waters for the reclamation of arid and semiarid lands * * *"

throughout the 17 contiguous Western States and Hawaii. The author-

ity of the 1902 act was supplemented by the Fact Finders Act of

December 5, 1924, and amendments thereto in the act of April 19,

1945, 23 which enabled the Bureau to conduct "general investigations,"

not related to specific projects, including research work, for the devel-

opment of water resources without the necessity of making the costs

thereof reimbursable.

Thus, the 1902 Reclamation Act, supplemented by the Fact Finders

Act, provides the authority for the Bureau of Reclamation to engage

in a program of weather modification research for the purpose of de-

termining practical methods of inducing precipitation and increased

runoff that can be stored in surface reservoirs and used for "the rec-

» Ibid.

tion Advisory Board, appointed by the Secretary. See subsequent discussion of activities of

the Advisorv Board, beginning p. 231.

M 43 U.S.C. 391 et seq.

» 43 U.S.C. 377.

202

modification research are considered expendable on a nonreimbursable

basis. 24

In 1961 the Congress specifically directed the Bureau of Reclamation

to initiate a program in weather modification through a write-in of

$100,000 to the fiscal year 190:2 Public Works Appropriation Act. This

first appropriation for the Bureau's weather modification research

and development program was added to the Appropriation Act, Public

Law 87-330 (75 Stat. 722). approved September 30, 19(31. in a con-

gressional committee of conference, under the heading, "General In-

vestigations.'' 25 The specific language which directed the weather mod-