[Public Papers of the Presidents of the United States: George H. W. Bush (1992, Book I)]
[March 5, 1992]
[Pages 388-389]
[From the U.S. Government Publishing Office www.gpo.gov]



Statement on Signing the Reclamation States Emergency Drought Relief Act 
of 1991

March 5, 1992
    Today I am signing into law H.R. 355, the ``Reclamation States 
Emergency Drought Relief Act of 1991.'' This bill provides, for a period 
of 10 years, general authority for the Secretary of the Interior to take 
action in the Western States to protect and preserve

[[Page 389]]

fish and wildlife habitat and assist farmers and urban dwellers in 
overcoming drought conditions. In addition, the bill provides permanent 
authority for the Secretary to prepare drought contingency plans in 
consultation with States, Indian tribes, and other entities for the 
prevention or mitigation of the adverse effects of drought conditions.
    As I sign this bill, some areas in our Western States, notably in 
California, are facing their 6th consecutive year of drought conditions. 
The authorities granted by this bill will allow the Federal Government 
greater flexibility in utilizing the facilities of the Federal 
reclamation program and the resources of the Department of the Interior 
to assist the States and other non-Federal entities fighting the ravages 
of drought. This bill allows us to be the good neighbors that we should 
be in time of common need. It is in the American tradition that neighbor 
helps neighbor in times of burden. We will not stand by and see either 
our local economies and jobs literally ``dried up'' by drought or our 
valuable refuges and wetlands parched by lack of water.
    We are fortunate that, in the last few weeks, the water supply 
situation in California has improved. So I am pleased to announce that 
today Secretary Lujan will make available additional allocations of more 
than 1 million acre feet of water. This will enable us to deliver 
project water to agriculture in the Central Valley--without sacrificing 
any allocations provided for other uses. This is only a first step--but 
a very positive one for California agriculture. I have asked Secretary 
Lujan to continue to assess the water supply situation and to keep me 
informed of any opportunity to provide additional Federal water where it 
is needed.
    I note, however, that section 204(a) purports to require that the 
Secretary of the Interior submit certain drought contingency plans to 
the Congress, together with the Secretary's recommendations for 
legislation. The Constitution grants to the President the power to 
recommend to the Congress such measures as he judges necessary and 
expedient. Thus, provisions such as the one contained in this bill have 
been treated as advisory and not mandatory. I will therefore interpret 
section 204(a) accordingly.
    Section 204(b), which purports to allow the Secretary of the 
Interior to approve certain drought contingency plans only at the 
request of the Governor of the affected State, could be construed to 
permit the exercise of Executive power by Governors, who are not 
appointed pursuant to the Appointments Clause of the Constitution. In 
order to avoid constitutional questions that might otherwise arise, I 
will interpret the role of Governors under this provision to be an 
advisory one.
    I also note that the Department of Agriculture conducts drought 
contingency planning and administers drought assistance programs in 
agricultural areas. New planning and technical assistance activities 
initiated by the Department of the Interior will of course be 
coordinated with the Department of Agriculture and other affected 
departments and agencies.

                                                             George Bush

The White House,
March 5, 1992.

                    Note: H.R. 355, approved March 5, was assigned 
                        Public Law No. 102-250.