Weather modification: programs, problems, policy, and potential

3 617 be conducted, then in a legal newspaper having a general circulation and pub- lished within each of such counties. In case there is no legal newspaper published within the appropriate county, publication shall be made in a legal newspaper having a general circulation within the county. (2) Proof of publication, made in the manner provided by law, shall be filed by the licensee with the department within fifteen days from the date of the last publication of the notice. [Amended by Laws 1973 ch G4 § 11, effective July 1, 1973.] 43.37.150 Fina?icial responsibility Proof of financial responsibility may be furnished by an applicant by his show- ing, to the satisfaction of the department, his ability to respond in damages for liability which might reasonably be attached to or result from his weather modi- fication and control activities in connection with the rperation for which he seeks a permit. [Amended by Laws 1973 ch 64 § 12, effective July 1, 1973.1 J { 3.31.160 Fees— Sanctions for failure to pay The fee to be paid by each applicant for a permit shall be equivalent to one and one-half percent of the estimated cost of such operation, the estimated cost to lie computed by the department from the evidence available to it. The fee is due and payable to the department as of the date of the issuance of the permit; however, if the applicant is able to give to the department satisfactory security lor the payment of the balance, he may be permitted to commence the operation, and a permit may be issued therefor, upon the payment of not less than fifty per- cent of the fee. The balance due shall be paid within three months from the date of the termination of the operation as prescribed in the permit. Failure to pay a permit fee as required shall be grounds for suspension or revocation of the li- cence of the delinquent permit holder and grounds for refusal to renew his li- cense or to issue any further permits to such person. [Amended by Laws 1973 ch 04 $ 13, effective July 1. 1973.] .'(3.31.170 Reeords and reports— Open to public examination (1) Every licensee shall keep and maintain a record of all operations con- ducted by him pursuant to his license and each permit, showing the method employed, the type of equipment used, materials and amounts thereof used, the times and places of operation of the equipment, the name and post office address of each individual participating or assisting in the operation other than the li- censee, and such other general information as may be required by the department and shall report the same to the department at the time and in the manner required. ( 2) The department shall require written reports in such manner as it provides but not inconsistent' with the provisions of this chapter, covering each operation for which a permit is issued. Further, the department shall require written re- ports from such organizations as are exempted from license, permit, and liability requirements as provided in RCW 43.37.090. ) The reports and records in the custody of the department shall be open for ( public examination. [Amended by Laws 1973 ch 64 § 14, effective July 1, 1973.1 43.37.180 Revocation, suspension, modification of license or permit (1) The department may suspend or revoke any license or permit issued if it appears that the licensee no longer possesses the qualifications necessary for the issuance of a new license or permit. The department may suspend or revoke any license or permit if it appears that the licensee has violated any of the pro- visions of this chapter. Such suspension or revocation shall occur only after notice to the licensee and a reasonable opportunity granted such licensee to be heard respecting the grounds of the proposed suspension or revocation. The de- partment may refuse to renew the license of, or to issue another permit to, any applicant who has failed to comply with any provision of this chapter. (2) The department may modify the terms of a permit after issuance there- of if the licensee is first given notice and a reasonable opportunity for a hearing respecting the grounds for the proposed modification and if it appears to the department that it is necessary for the protection of the health or the property of any person to make the modification proposed. [Amended by Laws 1973 ch 64 § 15, effective July 1, 1973.1 43.37.190 Liability of state denied— Legal rights of private persons not affected Nothing in this chapter shall be construed to impose or accept any liability or responsibility on the part of the state, the department, or any state officials

— 613 ; or employees for any weather modification and control activities of any private person or group, nor to affect in any way any contractual, tortious, or other legal rights, duties, or liahilities between any private persons or groups. [Amended by Laws 1973 ch 64 § 16, effective July 1, 1973.1 .',3.37.900 Revolving account abolished The weather modification board revolving account is hereby abolished. Any funds remaining in such account shall be transferred to the general fund. [Added by Laws 1973 ch 64 § 17, effective July 1, 1973.1 .',3.37.200 Penal in Any person violating any of the provisions of this chapter or any lawful reg- ulation or order issued pursuant thereto, shall lie guilty of a misdemeanor : and a continuing violation is punishable as a separate offense for each day during which it occurs. '/3.27A.080 Powers, duties, functions of certain state agencies transferred to department— Columbia basin division The department shall exercise the powers, duties and functions, through divi- sions as provided for in RCW 43.27A.070 of the following state agencies or divi- sion of state agencies, and public officials, and all their powers, duties and functions are transferred to the department ofsvater resources : (1) The division of reclamation of the department of conservation; (2) The division of water resources of the department of conservation ; (3) The division of flood control of the department of conservation ; (4) The division of power resources of the department of conservation ; (5) The Columbia basin commission ; (6) The weather modification board All other powers, duties or functions now vested in the department of con- servation or the director thereof are transferred to the department of water re- sources, except those powers which are expressly transferred to some other agency of the state by this chapter. The director in exercising the powers, duties and functions of the Columbia basin commission as set forfli in chapter 43.49 RCW may create and maintain in the department a Columbia basin division. '/3.27A.180 Agencies abolished On July 1, 1967, the following state agencies are abolished : (1) Weather modification board. (2) Columbia basin commission. (3) Power advisory committee. (4) Department of conservation. West Virginia W. Va. Code §§ 29-2B-1—29-2B-15 Article 2B Weather Modification Sec. 29-2B-1. Declaration of policy. 29-2B-2. Definitions. 29-2B-3. Administration by director and commission. 29-2B-4. When license and registration of equipment required. L.'!)-2B-r>. Application for license. 29-2B-6. Registration of equipment. 29-2B-7. Publication of notice of intention to undertake operation. 29 2B- 8. Permission to undertake emergency project without compliance with § 29-2B -7 29-2B-9. Records and reports. 29-2B-10. Research projects ; safetv. 29-2B-11. Enforcement of article. 29-2B-12. Suspension or revocation of license. 29 2B—13. Compensation for damage. 29-2B-14. Acts not authorized. 29-2B-15. Offenses and penalties. § 29-2B-1. Declaration of policy The public interest, health, safety, welfare and necessity require that scientific experimentation in the field of artificial nucleation, and that scientific efforts to develop and increase natural precipitation of rain, snow, moisture, or water in any form contained in the atmosphere, within the State, be encouraged in order to develop, conserve, and protect the natural water resources of the State and to safeguard life and property. (1969, c. 18.)

: : 619 § 29-2B-2. Definitions As used in this article (a) 'Director' means the director of aeronautics. (b) 'Commission' means the West Virginia aeronautics commission. (c) 'Operation' means the performance of weather modification and control activities pursuant to a single contract entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding one year, or, if the performance of weather modification and control activities is to be undertaken individually or jointly by a person or persons to be benefited and not undertaken pursuant to a contract, 'operation' means the performance of weather modification and control activities entered into for the purpose of producing, or attempting to produce, a certain modifying effect within one geographical area over one continuing time interval not exceeding one year. (d) 'Person' means any individual, firm, association, organization, partner- ship, company, corporation, private or public, political subdivision, or other public agency. (e) 'Research and development' means theoretical analysis, exploration and experimentation and the extension of investigative findings and theories of a scientific or technical nature into practical application for experimental and dem- onstration purposes, including the experimental production and testing of models, devices, equipment, materials and processes. (f) 'Weather modification and control' means changing or controlling, or at- tempting to change or control, by artificial methods the natural development of any or all atmospheric cloud forms and precipitation forms which occur in the troposphere. (1969, c. 18.) § 29-2B-3. Administration by director and commission The director shall administer this article under the supervision of the commis- sion. (1969, c. 18.) § 29-2B-4. When license and registration of equipment required (a) Xo person, without first securing a license from the commission, shall cause or attempt to cause condensation or precipitation of rain, snow, moisture, or water in any form contained in the atmosphere. (b) Xo person without registering with the commission shall have in his pos- session any cloud seeding equipment unless he is an employee of or under contract with a person conducting a weather modification and control operation who has been granted a license by the commission. (1969, c. 18.) § 29-2B-5. Application for license; renewal; temporary suspension (a) Any person desiring to do any of the acts specified in section four [§ 29- 2B—1] of this article may file with the director an application in writing for a license. Each application shall be accompanied by a filing fee fixed by the com- mission but not to exceed one hundred dollars, and shall be on a form to be sup- plied for such purpose by the director. (b) Every application shall set forth all of the following (1) The name and post-office address of the applicant. (2) The previous education, experience and qualifications of the applicant or, if the applicant is other than an individual, the previous education, ex- perience and qualifications of the persons who will be in control of and charged with the operations of the applicant. Previous experience includes subcontracting or counseling services. (3) A general description of the operations which the applicant intends to conduct and the method and type of equipment, including all nucleating agents, that the applicant proposes to use. Aircraft must be listed by numbers and pilots' names. (4) A statement listing all employees who are residents of West Virginia or who will be directly employed in the intended operation, or both. (5) A bond or insurance covering any damage the licensee may cause through his operations in an amount of fifteen thousand dollars or other evi- dence of financial responsibility shall be furnished and executed at the time of the grant of the license : Provided, that no bond shall be required of any person who shall cause or attempt to cause condensation or precipitation of rain, snow, moisture or water in any form contained in the atmosphere over any landing strip or runway of any airport or any approach thereto in an effort to improve the visibility above the landing strip, runway or approach. (6) Every applicant shall have a resident agent within this State.

620 (e) Upon the filing of the application upon a form supplied by the director and •containing the information prescribed by this article and accompanied by the required filing fee and bond or insurance, the director may issue a license to the applicant entitling the applicant to conduct the operations described in the ap- plication for the calendar year for which the license is issued, unless the license is sooner revoked, suspended or modified. (d) A license may be renewed annually upon application to the director, ac- companied by a renewal fee fixed by the commission but not to exceed one hun- dred dollars, on or before the last day of January of the calendar year for which the license is renewed. (e) Any license granted under this section shall be subject to temporary sus- pension by the director. Such suspension may occur whenever the director is noti- fied by the office of emergency services that, within an area defined by the office of eniergency services, precipitation or other effects of weather modification op- erations would be likely to cause or aggravate a potential or ongoing disaster Any such suspension shall continue until the director is notified by the office of emergency services that the disaster or threat of disaster has passed. Should any license be suspended under this subsection, the prohibitions of section four [§ 29- 2B-,4] and penalties of section fifteen [§29-2B-15] of this article shall become I ive immediately. (19G9, c. 18 ; 1973, c. 50.) § 29-2 Ji-G. Registration of equipment Every person not desiring a license who owns or possesses cloud seeding equip- ment, shall promptly register the same with the director on a form furnished by him. (1969, c. 18.) § 29-2B-7. Publication of notice of intention to undertake operation. (a) Prior to undertaking any operation authorized by the license, the licensee shall file with the director and cause to be published a notice of intention. The licensee shall then confine his activities for that operation substantially within the time and area limits set forth in the notice of intention. (b) The notice of intention shall set forth all of the following: (1) The name and address of the licensee. (2) The nature and object of the intended operation and the person or persons on whose behalf it is to be conducted. (3) The area in which and the approximate time during which the opera- tion will be conducted. (4) The area which will be affected by the operation as near as the same may be determined in advance. (e) The notice of intention required by this section shall be published as a Class III legal advertisement and the publication area shall be the county where- in the operation is to be conducted and in which the affected area is located, or, if (lie operation is to be conducted in more than one county or if the affected area is located in more than one county or is located in a county other than the one in which the operation is to be conducted, then such notice shall be published in like manner in a newspaper having a general circulation within each of such counties. td) Proof of publication shall be filed by the licensee with the director within fifteen days from the date of the last publication of the notice. Proof of publica- tion shall be by copy of the notice as published, attached to and made a part of the affidavit of the publisher or foreman of the newspaper publishing the notice. H9G9. c. 18.) § 29-2B-8. Permission to undertake emergency project without compliance irifh § 29-2B-7. fa) Notwithstanding any provision of this article to the contrary, the director may grant a licensee permission to undertake an emergency niicleation project, without prior compliance by the licensee with the provisions of section seven [§29-2P>-71. subsection (a), if the same appears to the commissioner to be neces- sary or desirable in aid of extinguishment of fires. ( b) Notwithstanding any provision of this article to the contrary, upon request of the county commissioners of a county or of the governing body of a city, bor- ough, town or township, and upon the submission of such supporting evidence as I he commission may require, the commission may grant a licensee permission to undertake a nucleation project for the purpose of alleviating a drought emer- gency, without prior compliance by the licensee with the provisions of section seven [§29-2P>-7], subsection (a), requiring publication of notice of intention, if such project appears to the department to be necessary or desirable. (c) Nothing contained in Ibis sect ion shall he construed as to relieve the licensee in the cases set forth in subsection (a) or (b) of this section from compliance

621 with the provisions of section seven [§ 29-2B-7], requiring publication of notice of intention and filing of proof of such publication, as soon after the granting of permission by the director as is practicable. In lieu thereof the licensee may fur- nish equivalent transmission of notice of intention by radio or television, and proof thereof, as soon after the granting of permission by the director as is prac- ticable. (1969, c. 18.) § 29-2B-9. Records and reports (a) Every licensee shall keep and maintain a record of all operations con- ducted by him pursuant to his license showing the method employed, the type of equipment used, the times and places of operation of the equipment, the name and post-office address of each person participating or assisting in the operation other than the licensee, and such other information as may be required by the commission, and shall report the same to the director immediately upon the completion of each operation. (b) Each licensee shall further prepare and maintain an evaluation statement for each operation which shall include a report as to estimated precipitation, defining the gain or loss occurring from nucleation activities, together with supporting data therefor. This statement, together with such other pertinent information as the commission may require, shall be sent to the commission upon completion and be available to inspection by the commission or director at all times on the licensee's premises. (c) The commission shall require written reports concerning each operation conducted by a licensee under this article. (d) All information on an operation shall be submitted to the commission before any information on such operation may be released to the public. (e) The reports and records in the custody of the commission shall be open for public examination as public documents. (1969, c. 18.) § 29-2B-10. Research projects ; safety (a) Research work within the province of this statute shall be permitted only when authorized by the commission. (b) Government and armed forces projects within the province of this statute must meet all the requirements of this article. (c) No nucleating agent may be used in concentrations dangerous to man or causes environmental pollution as determined by the state department of health. (1969, c. 18.) § 29-2B-11. Enforcement of article In order to enforce the provisions of this article, the 'West Virginia state police shall, on request of the commission, assign at least one trooper and one investi- gator to an area where unlawful cloud seeding is suspected. If such police request the same, the commission shall assign an airplane and pilot. Air samples shall be taken by the West Virginia air pollution control commission if requested by the state police or the commission. For such enforcement purposes, the state department of health shall furnish such technical services as the commission or director may request. (1969, c. 18.) § 29-2B-12. Suspension or revocation of license Any license may be revoked, suspended or modified if the commission finds, after due notice to the licensee and a hearing thereon, that the licensee has failed or refused to comply with any of the provisions of this article. The proceedings herein referred to shall be conducted in accordance with tbe pro- visions of article one [§ 29A-1-1 et seq.], chapter twenty-nine-A of the Code of West Virginia, one thousand nine hundred thirty-one, as amended, known as the 'West Virginia Administrative Procedures Act' and the commission shall have all the powers granted therein. (1969, c. 18.) § 29-2B-13. Compensation for damage Any license who causes a drought as determined by the commission shall com- pensate farmers for damages. Any licensee who by causing heavy downpours or storms which cause damage to lands as determined by the commission shall com- pensate farmers and property owners for such damages. (1969, c. 18.) § 29-2B-14. Acts not authorized (a) Nothing contained in this article shall authorize any person to carry out a cloud seeding operation from West Virginia to seed in another state where such cloud seeding is prohibited. 34-857—79 42

622 (b) Nothing contained in this article shall be construed to authorize the sup- pression -of lightning. (1969, c. 18.) § 29-2B-15. Offenses and penalties (a) Any airplane pilot who flies an airplane with numbers invisible to escape identification under this article shall be guilty of a misdemeanor, and, upon conviction thereof, have his license revoked for a period of five years. (b) Any airport owner or operator who knowingly boards cloud seeding planes to seed clouds or who operates as a cloud seeder without a license shall be guilty of a misdemeanor, and, upon conviction thereof, have his airport permit revoked for one year and be sentenced to pay a fine of not more than five hundred dollars and for a second or subsequent offense, he shall be sentenced to pay a fine of not more than one thousand dollars. (c) Any person knowingly having in his possession without registering the same with the commission any cloud seeding equipment shall, on conviction thereof, be sentenced to pay a fine of ten thousand dollars. (d) Any person who makes any false statement to secure a license under this article shall, on conviction thereof, have his license revoked permanently. (e) Any person who violates any other provision of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined not more than one thousand dollars, or imprisoned in the county jail not more than one year, or both fined and imprisoned. (1969, c. 18.) Wisconsin Wise. Stat. Ann. § 195.40 195. J/0 Reporting operations to artificially influence precipitation (1) For the purpose of determining the effect of operations designed to in- fluence precipitation of atmospheric moisture by artificial means it is hereby required that all persons engaged in such operations shall comply with the pro- visions of this section. (2) Any person who enters into any contract for or engages in any activity de- signed or intended to affect by artificial means the precipitation of atmospheric moisture in this state shall register each proposed operation with the commission. (3) The registration shall set forth such data as to time, place and method of each operation as the commission shall reasonably require for the purpose of making a scientific evaluation of each operation and its effect upon the public welfare. (4) Each registrant shall within 10 days report on the conduct of each opera- tion and shall provide such data as the commission may deem necessary in the public interest. (5) Any person who * * * violates any of the provisions of this section shall forfeit for each such offense a sum * * * not to exceed $250 together with the actual costs of all administrative and legal action necessary to collect such for- feiture. Such forfeiture shall be enforced and the proceeds disposed of as pre- scribed in s. * * * SO. 03. Any unregistered operation shall be subject to summary abatement as a public nuisance. Wyoming Wyo. Stat. 1 §§ 10-4—10-9; 9-267—9-276 § 10-)/. Aerial spraying, etc.— Annual registration required; information to he shown.—On the first Monday in May of each year, any person or persons, firm, partnership, corporation, association, or any other organization engaged in the activity or business of aerial spraying, spreading of seeds, weather-modification or other Chemicals, dusting, fertilizing, baiting, predator control or insect control of any area of Ibis state, and all aircraft in Wyoming used for predator control or equipped with apparatus for distribution of sprays, dnsts, weather-modifica- tion or other Chemicals, seeds, or bait shall be registered annually with the Wyoming aeronautics commission on a printed form or forms prescribed by the Wyoming aeronautics commission, showing the name of the firm to be registered, the name and address of the owner, owners, and manager thereof, the name and address of the person to pilot such aircraft, his airman rating, number of hours flown, with airman certificate number, the make, model and type of aircraft to be used and the identification number assigned to the aircraft and type of spraying, seed or chemical spreading or dusting rig installed on the aircraft. (Laws 1951, ch. 142, § 1 ; 1973, eh. 57, § 1.)

) 623 § 10-5. Same— Unlawful unless registered.—It is unlawful for any person, firm, partnership, corporation, association, organization or any combination thereof to engage in the activtiy or business of spraying, spreading of seeds, weather- moditication or other chemicals, dusting, fertilizing, baiting, predator control or inspect control of any area of this state by means or aircraft unless they are registered with the Wyoming aeronautics commission. (Laws 1951, ch. 142, §2; 1973, ch. 57, § 1.) § 10-6. Same— Pilot, operator or applicator qualifications.—All pilots, operators, or applicators conducting aerial spraying, spreading of seeds, weather-modifica- tion or other chemicals, dusting, fertilizing, predator control or insect control by aircraft must have a minimum of 500 solo hours, 75 of which are in the same type aircraft used in making the application or control, and 25 hours actual spraying or predator control experience. A pilot may satisfy the require- ment for actual spraying, or predator control experience by taking five hours of dual simulated low flying from a qualified instructor. (Laws 1951, ch. 142, §3; 1973, ch.57, § 1.) § 10-7. Same— Shut-off devices for aircraft required.—That each aircraft spray- ing, seed or chemical spreading or dusting rig used for aerial application or dis- semination of sprays, weather-modification or other chemicals and dusts shall be satisfactorily equipped with a positive shut-off device at each discharge nozzle (manually controlled shut-off valves, spring loaded valves or Ball checks acceptable) which will absolutely prevent the dissemination of material on any portion of the terrain over which flight is made other than the area being treated or sprayed. (Laws 1951, ch. 142, § 4.) § 10-8. Same— Records of applications.—That each applicator must maintain a record of each application of weather-modification or other chemicals, fer- tilizer or insecticides which records may be inspected by officials of the aero- nautics commission on demand. Copies of said records shall be transmitted to the Wyoming aeronautics commission within ten days after the end of each calendar month during period of operation in this state and prior to departure from the State of Wyoming. The records shall contain the following minimum information : Name and address of contractee ; property description ; variety of crop treated ; stage of crop growth ; pests or weeds to be controlled ; brand and type of chemical used ; type of solution or seeds used ; quantity of chemical used per acre ; date and time sprayed or treated ; wind velocity and direction. (Laws 1951, ch. 142, §5.) §10-9. Same— Violation of §§ 10-4 to 10-8.—Whoever shall violate any provi- sion of this act [§§ 10-4 to 10-9] or rules and regulations thereunder shall be guilty of a misdemeanor and upon conviction shall be fined not less than twenty- five ( $25.00) dollars for the first offense and not less than fifty ($50.00) dollars for each subsequent offense, or by imprisonment in the county jail not exceeding- sixty (60) days, or both. (Laws 1951, ch. 142, § 6.) Article 12 Weather Modification Board § 9-267. Sovereign right to moisture in clouds declared; encouraging weather experimentation; proper safeguards.—A. It is hereby declared that the Start' of Wyoming claims its sovereign right to the use for its residents and best in- terests the moisture contained in the clouds and atmosphere within its sovereign state boundaries. B. It is hereby declared that although little is known regarding artificial weath- er modification, research and experimentation shall be encouraged. C. It is hereby declared that although the ultimate use of modification methods is speculative, the application of such methods should have proj)er safeguards and provide sufficient data to protect life, property, and public interest. (Laws 1951, ch. 131, § 1. § 9-268. Board created; designation ; composition; compensation ; expenses.— There is hereby created a board, to be known as the state weather modification board. The members of the board shall consist of the state engineer, the com- missioner of agriculture, and the president of the University of Wyoming or their designated representatives. The members shall serve on the board without pay but shall be entitled to charge actual expenses incurred therewith to the department by which they are primarily einnloved. (Laws 1951. eh. 131. §2.) § 9-269. Function of board; 'weather modification' defined.—The primary func-

624 tion of ,the board is to procure, compile, and evaluate information relative to weather modification experiments and activities within the state boundaries. The term 'weather modification' means changing, or controlling any of the weather phenomena by chemical, mechanical, or physical methods. (Laws 1951, ch. 131, §3.) § 9-270. Weather modification permit— Required to engage in modification ac- tivities; issuance; form.—It shall be unlawful for anyone to engage in weather modification activities except under and in accordance with a permit issued by the state engineer. The state engineer may issue such permit only upon the rec- ommenation of the weather modification board and in such form as prescribed by the board. (Laws 1951, ch. 131, § 4.) § 9-211. Same— Separate permit required for each experiment or activity; permits issued for one year; revocation; fees, qualifications of permittee; author- ity to promulgate rules and regulations.—A separate permit shall be issued for each experiment or activity. Permits shall be revocable by the state engineer upon recommendation of the board, in accordance with such procedures as the board shall establish. Permits are to be issued for one year from October 1 of one year to September 30 of the following year. A fee of $25 shall be charged for each permit issued or renewed. Fees received by the board shall be deposited with the state treasurer to be placed into the general fund. A permit shall be issued only to a person, or persons, who can demonstrate to the board's satisfaction that he has or they have adequate qualifications in the atmospheric sciences. To justify is- suance of a permit, the state weather modification board is hereby granted rea- sonable authority to promulgate the rules and regulations necessary to effectuate the purposes of the Wvoming weather modification laws. (Laws 1951, ch. 131, § 5 : 1965, ch. 66, § 1 ; 1971, ch. 104, § 1 ; 1973. ch. 245, § 3. § 9-212. Same— Registration certificate to be issued; fee.—Prior to the issuance of any permit the board shall have issued a registration certificate to the person or persons requesting such permit. A registration certificate shall be issued only after the board has considered and approved the qualifications and responsibility of the person or persons requesting a certificate. A registration fee of twenty-five dollars ($25.00) per calendar year shall be charged for each registration certifi- cate so issued. Registration fees so received by the board may be used by the board in paying part or all of its administrative expenses. (Laws 1951, ch. 131, §6.) § 9-21 '3. Same— Written report of experiments required.—The board shall be required to demand and receive a written report, in such manner as it shall pro- vide, covering each separate experiment or activity for which a permit is issued. (Laws 1951. ch. 131. § 7.) § 9-21 Jf. Same— Failure to obtain permit.—Any person, persons, corporation, institution, or group engaging in a weather modification experiment without a permit shall be guilty of a felony and upon conviction subject to a fine not to exceed one-thousand dollars ($1,000.00) or by imprisonment in the penitentiary for not less than one nor more than five years. (Laws 1951, ch. 131, § 10: 19.15. ch. 166. § 1.) § 9-215. Authority to receive and accept funds.—Said board is hereby author- ized and empowered to receive and accept for and in the name of the state any and all funds which may be offered or become available, from federal grants or appropriations, private gifts, donations or bequests, or any other source, and to expend such funds for the expenses of administering this act [§§ 9-267 to 9-276], and for the encouragement of experimentation in weather modification by the 'Tniversity of Wyoming or any other appropriate state or public asrency. either by direct grant, by contract, or other co-operative means. (Laws 1951, ch. 131, §8.) §9-216. Act construed; rights, duties and liabilities unchanged.—Nothinsr in this act T§§ 9-267 to 9-276] shall be construed to impose or accept any liability or responsibilily on the part of the State, the board, or any state officials or 'em- ployees, for any weather-modification activities of any private person or group, nor to affect in any way any contractual, tortious, or other lesral rights, duties or liabilities between any private persons or groups. (Laws 1951, oh. 131. §9.) Effective date.—Section 11, ch 131. Laws 1951, makes the act effective from and after passage. Approved February 19, 1951.

Appendix E List of State Contacts for Further Information on Weather Modification Activities Within the States *• 2 Commissioner, Department of Agriculture and Industries, State Capitol, Mont- gomery, Ala. 36104. Commissioner, Department of Natural Resources, Pouch M, Juneau, Alaska 99811. Briggs, Philip C, Chief Hydrologist Arizona Water Commission 222 N. Central, Suite 800, Phoenix, Ariz. 85004. Division of Soil and Water Resources, Department of Commerce, 1501 N. Uni- versity Avenue, Suite 364, Little Rock, Ark. 72207. Finlayson, Donald J.. Department of Water Resources, P.O. Box 16008S Sac- ramento, Calif. 95816. Sherman, Harris, Executive Director, Department of Natural Resources, 1313 Sherman Street, Room 718, Denver, Colo. 80203. Commissioner Department of Agriculture and Natural Resources, State Office Building, Hartford, Conn. 06115. Olney, Austin P., Secretary, Department of Natural Resources and Environmen- tal Control. Edward Tatnall Building, Dover. Del. 19901. Chief, Bureau of Water Resource Management, Montgomery Building, 2562 Executive Center Circle. East, Tallahassee, Fla. 32301. Rhinehart, John, Office of Planning and Budget, 270 Washington St., S.W., Atlanta, Ga. 30334. Governor, Executive Chambers, State Capitol, Honolulu, Hawaii 96813. Allred, Stephen, Department of Water Resources, 373 W. Franklin Street, Boise, Idaho 83720. Changnon, Stanley A., Jr., Head, Atmospheric Sciences Section, Illinois State Water Survey, Box 232, Urbana 111. 61801. Schaal Lawrence, State Climatologist, Poultry Science Building, Purdue Uni- versity, West Lafayette, Ind. 47907. Waite, Paul. Iowa Weather Service, Room 10, Terminal Building, Municipal Air- port, Des Moines, Iowa 50321. Kostecki, Don, Kansas Water Resource Board, Suite 303, 503 Kansas, Topeka, Kan. 66603. Kimmel, Michael J., Office of Planning and Research, Department of Natural Resources and Environment, Capitol Plaza Tower, 6th Floor, Frankfort, Ky. 40601. Aguillard, Roy, Louisiana State Department of Public Works, Box 44155, Capitol Station, Baton Rouge, La. 70804. Anderson, Burton R., Water Resource Planner, State Planning Office, 184 State Street, Augusta, Me. 04333. Hance, Young D., Secretary, Department of Agriculture, Parole Plaza Office Building, Annapolis, Md. 21401. McLoughlin, Thomas F., Director, Division of Administrative Services, Executive Office of Environmental Affairs, 100 Cambridge Street, Boston, Mass. 02202. Nurnberger, Fred V., Department of Agriculture/Weather Services, 240 Stephen S. Nisbet Building, 1407 S. Harrison Road, East Lansing, Mich. 48823. Young, Randall D., Senior Management Analyst Planning, Department of Agri- culture, 557 State Office Building, St. Paul, Minn. 55337. Pepper, Jack W.. Water Engineer, Board of Water Commissioners, 416 N. State Street. Jackson, Miss. 39201. Ashford, Carolyn, Director, Department of Natural Resources, Box 176, 1014 Madison S treet, Jefferson City, Mo. 65101. 1 Based on information received from Conrad G. Keyes, Jr., Executive Director of the North American Interstate Weather Modification Council ; information was corrected as of January 30, 1978. 2 Listed alphabetically by State. (625)

626 Moy, Richard, Weather Modification Program Manager, Department of Natural Resources and Conservation, Natural Resources Building, 32 South Ewing, Helena, Mont. 59601. Kreuscher, Glenn W., Director, Department of Agriculture, P.O. Box 4844, Lin- coln, Nebr. 68509. Warblirton, Joseph A., Desert Research Institute, University of Nevada, Stead Campus, Reno, Nev. 89507. Gilman, George, Commissioner, Department of Resource and Economic Develop- ment. State House Annex, Concord, N.H. 03301. Chummey, Richard, Director, Division of Rural Resources, Department of Agri- culture, P.O. Box 1888, Trenton, N.J. 0S625. Holmes, Charles, Secretary, New Mexico Weather Control and Climate Modifica- tion Commission, New Mexico Institute of Mining and Technology, Socorro, N. Mex. 87801. Berle, Peter A., Commissioner, Department of Environmental Conservation, 50 Wolf Road, Albany, N.Y. 12233. Secretarv, Department of Natural and Economic Resources, P.O. Box 27687, Raleigh, N.C. 27611. Rose. R. Lynn, Executive Director, North Dakota Weather Modification Board, P.O. Box 1833, Bismarck, N.Dak. 58505. Division of Water, Department of Natural Resources, Fountain Square, Colum- bus, Ohio 43224. Oklahoma Weather Modification Advisory Committee, Oklahoma Water Resources Board, Jim Thorpe Building, 5th Floor, Oklahoma City, OkJa. 73105. Glatt, Jay, Assistant Director, Department of Agriculture, 210 Agriculture Build- ing, Salem, Oreg. 97310. Wertz, Fred, Research Analyst, Pennsylvania Department of Agriculture, 2301 Cameron Street, Harrisburg, Pa. 17120. Russ. Robert B., Water Resources Board, Box 2772, Providence. R.I. 02907. Guess, Clair P., Jr., Executive Director, Water Resources Commission, Box 4515, 3838 Forest Drive, Columbia, S.C. 29204. Butler. Yern W., Department of Natural Resources Development, Joe Foss Office Building, Pierre, S.Dak. 57501. Division of Water Resources, Tennessee Department of Conservation, 6213 Char- lotte Avenue, Nashville, Tenn. 37209. Carr, John T., Director, Weather Modification and Technology Division, Texas 1 >epartment of Water Resources. Box 13087, Austin, Tex. 78711. Summers, Paul C, Cloud Seeding Program Coordinator, Division of Water Resources, 435 State Capitol Building, Salt Lake City, Utah 84114. Department of Water Resources, Environmental Conservation Agency, 5 Court Street, Montpelier, Vt. 05602. State Air Pollution Control Board, Room 1106, Ninth Street Office Building, Rich- mond. Va. 23219. Goodman, Duane, Department of Ecology, 335 General Administration Building, Olympia, Wash. 98504. Richards, William E., Executive Director, West Virginia Aeronomy Commission, Kanawha Airport, Charleston, W.Va. 25311. Conrad, Marlin S., Plant Industry Division, Department of Agriculture, Trades and Consumer Protection, 801 W. Badger Road, Madison, Wis. 53713. Christopulos, George L., State Engineers OflSce. Barrett Building, Second Floor, Cheyenne, Wyo. 82002.

; ; ; ; : ; Appendix F Agreement on Exchange of Information on Weather Modification Between the United States of America and Canada Treaties and Other International Acts Series 8056 Weather Modification— Exchange of Information Agreement Between the United States of America and Canada Signed at Washington March 26, 1975. note by the department of state Pursuant to Public Law 89-497, approved July 8, 1966 (80 Stat. 271; 1U.S.C. 113) — The Treaties and Other International Acts Series issued under the authority of the Secretary of State shall be competent evidence of the treaties, international agreements other than treaties, and proclamations by the President of such treaties and international agreements other than treaties, as the case may be, therein con- tained, in all the courts of law and equity and of maritime jurisdic- tion, and in all the tribunals and public offices of the United States, and of the several States, without any further proof or authentica- tion thereof. Canada Weather Modification Exchange of Information : Agreement signed at Washington March 26, 1975 ; entered into force March 26, 1975. AGREEMENT BETWEEN THE UNITED STATES OF AMERICA AND CANADA RELATING TO THE EXCHANGE OF INFORMATION ON WEATHER MODIFICATION ACTIVITIES The Government of the United States of America and the Government of Canada, Aware, because of their geographic proximity, that the effects of weather modification activities carried out by either Party or its nationals may affect the territory of the other ; Noting the diversity of weather modification activities in both the United States and Canada by private parties, by State and Provincial authorities, and by the Federal Governments Believing that the existing state of knowledge warrants the expectation of further development over a period of time in the science and technology of weather modification Taking into particular consideration the special traditions of prior notification and consultation and the close cooperation that have historically characterized their relations Believing that a prompt exchange of pertinent information regarding the nature and extent of weather modification activities of mutual interest may facilitate the development of the technology of weather modification for their mutual benefit Recognizing the desirability of the development of international law relating to weather modification activities having transboundary effects Have agreed as follows : Article I As used in this Agreement (a) 'Weather modification activities', means activities performed with the (627)

; ; ; 628 intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere (b) 'Weather modification activities of mutual interest' means weather modification activities carried out in or over the territory of a Party within 200 miles of the international boundary ; or such activities wherever conducted, which, in the judgment of a Party, may significantly affect the composition, be- havior, or dynamics of the atmosphere over the territory of the other Party (c) 'Responsible agencies' means the National Oceanic and Atmospheric Ad- ministration of the United States and the Atmospheric Environment Service of Canada, or such other agencies as the Parties may designate (d) 'Reporting requirements' means the requirements established by the domestic laws or regulations of the Parties for reporting to the responsible agencies information relating to weather modification activities by persons or entities engaged in weather modification. Article II (1) Information relating to weather modification activities of mutual interest acquired by a responsible agency through its reporting requirements or other- wise, shall be transmitted as soon as practicable to the responsible agency of the other Party. Whenever possible, this information shall be transmitted prior to the commencement of such activities. It is anticipated that such information will be transmitted within five working days of its receipt by a responsible agency. (2) Information to be provided by the responsible agencies shall include copies of relevant reports received through the reporting procedures after the effective date of this Agreement, and such other information and interpretation as the responsible agency might consider appropriate. (3) Nothing herein shall be construed to require transmission to the other responsible agency of information, the disclosure of which is prohibited by law, or of information which, in the judgment of the responsible agency, is proprietary information. Article III The responsible agencies shall consult with a view to developing compatible reporting formats, and to improving procedures for the exchange of information. Article IV In addition to the exchange of information pursuant to Article II of this Agree- ment, each Party agrees to notify and to fully inform the other concerning any weather modification activities of mutual interest conducted by it prior to the commencement of such activities. Every effort shall be made to provide such no- tice as far in advance of such activities as may be possible, bearing in mind the provisions of Article V of this Agreement. Article V The Parties agree to consult, at the request of either Party, regarding particu- lar weather modification activities of mutual interest. Such consultations shall be initiated promptly on the request for a Party, and in cases of urgency may be undertaken through telephonic or other rapid means of communications. Consul- tations shall be carried out in light of the Parties' laws, regulations, and adminis- trative practices regarding weather modification. Article VI The Parties recognize that extreme emergencies, such as forest fires, may require immediate commencement by one of them of weather modification ac- tivities of mutual interest notwithstanding the lack of sufficient time for prior notification pursuant to Article IV, or for consultation pursuant to Article V. In such cases, the Party commencing such activities shall notify and fully inform the other Party as soon as practicable, and shall promptly enter into consulta- tions at the request of the other Party. Article VII Nothing herein relates to or shall be construed to affect the question of re- sponsibility or liability for weather modification activities, or to imply the existence of any generally applicable rule of international law.

629 Article VIII Each Party shall conduct an annual review of this Agreement while it remains in force, and shall inform the other of its views regarding the Agreement's opera- tion and effectiveness and the desirability of its amendment to reflect the evolu- tion of the science and technology of weather modification and of international law. The Parties shall meet periodically, by mutual agreement, or at the request of either, to review the implementation of this Agreement or to consider other issues related to weather modification. Article IX This Agreement shall enter into force upon signature. It may be amended by mutual agreement of the Parties and may be terminated by either Party upon six months written notice to the other Party.

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; Appendix H Selected Bibliography of Publications in Weather Modification American Meteorological Society. Proceedings of the First National Conference on Weather Modification, April 28-May 1, 1968, Albany, New York. Boston, 1968. 532 p. . Second National Conference on Weather Modification, April 6-9, 1970, Santa Barbara, California (preprints). Boston, 1970. 440 p. . Proceedings of the International Conference on Weather Modification, September 6-11, 1971, Canberra, Australia. Sponsored jointly by the American Meteorological Society and the Australian Academy of Science. Boston, 1971. 373 p. . Third Conference on Weather Modification, June 26-29, 1972, Rapid City, South Dakota (preprints). Boston, 1972. 336 p. . Fourth Conference on Weather Modification. November 18-21, 1974, Fort Lauderdale, Florida (preprints). Boston, 1974. 575 p. . Abstracts of Special Regional Weather Modification Conference : Aug- mentation of Winter Orographic Precipitation in the Western United States, November 11-13, 1975, San Francisco, California. (Co-sponsored by the U.S. Department of the Interior. Bureau of Reclamation ; State of California, Department of Water Resources; and the Weather Modification Association.) Boston, 1975. 245 p. . Sixth Conference on Planned and Inadvertent Weather Modification, October 10-13. 1977. Champaign. Illinois. Boston. 1977. 396 p. Barrett, Earl W. Inadvertent weather and climate modification. Critical reviews . in environmental control, v. 6. no. 1, December 1975 : 15-90. Battan. Louis J. Harvesting the clouds : advances in weather modification. Gar- den City. New York, Doubleday and Company, 1969. (The Science Study Series) 148 p. Changnon. Stanley A.. Jr.. Ray Jay Davis, Barbara C. Farhar, J. Eugene Haas, J. Loreena Ivens. Martin Y. Jones. Donald A. Klein, Dean Mann. Griffith M. Morgan. Jr.. Steven T. Sonka. Earl R. Swanson, C. Robert Taylor, and Jon Van Blokland. Hail suppression : impacts and issues. Urbana, Illinois, Illinois State Water Survey, April 1977. 432 p. Changnon, Stanley A.. Floyd A. Huff. Paul T. Schickedanz. and John T. Yogel. Summary of METROMEX, Volume 1 : weather anomalies and impacts. Bulle- tin 62. State of Illinois. Department of Registration and Education. (ISWS/ BUL-62/77) Urbana. Illinois. Illinois State Water Survey. 1977. 260 p. Charak. Mason T. and Mary T. DiGiulian. Weather modification activity reports November 1. 1972. to December 31, 1973. National Oceanic and Atmospheric Administration. Office of Environmental Monitoring and Prediction. Rockville, Maryland. March 1974. 40 p. Charak. Mason T. Weather modification activity reports: calendar year 1974. National Oceanic and Atmospheric Administration. Office of Environmental Monitoring and Prediction. Rockville, Maryland. March 1975. 37 p. . Weather modification activity reports ; calendar year 1975. National Oceanic and Atmospheric Administration. Office of Environmental Monitoring and Prediction. Rockville. Maryland. June 1976. 64 p. Comptroller General of the United States. Need for a national weather modifica- tion research program. Report to the Congress. Washington, U.S. General Accounting Office. August 23. 1974. (B-133202). 64 p. Cooper. Charles F. and William C. Jolly. Ecological effects of weather modifi- cation : a problem analvsis. Ann Arbor, Michigan. Universitv of Michigan, May 1969. 160 p. Dennis. A. S. and A. Gagin. Recommendations for future research in weather modification. U.S. Department of Commerce. National Oceanic and Atmos- (641)

642 pheric Administration. Environmental Research Laboratories. Weather Modi- fication.Program Office. Boulder, Colorado, November 1977. 112 p. Dorsey, Thomas A. and W. Henry Lambright. Citizen participation mechanisms and weather modification policy : a survey. Final report to the National Science Foundation. (SRC TR78-516/NSF OSS77-19066) Syracuse, New York, Syra- cuse Research Corporation, April 1978. 169 p. Elliott, Robert D., Russell W. Shaffer, Arnold Court, and Jack F. Hannaford, Colorado River Basin Pilot Project ; comprehensive evaluation report : five- seasons, 1970-1971 . . . 1974-1975. Prepared for the U.S. Department of the Interior, Bureau of Reclamation, Division of Atmospheric Water Resources Management. Goleta, California, Aerometrics, Inc., October 1976. (report no. ARI-76-1) 650 p. Fleagle, Robert G. (editor). Weather modification: science and public policy. Seattle. University of Washington Press, 1968. 147 p. Fleagle, Robert G., James A. Crutchfield, Ralph W. Johnson, and Mohamed F. Abdo. Weather modification in the public interest. (Published by the American Meteorological Society and the University of Washington Press) Seattle, U. of Washington Press, 1974. 88 p. Grant. Lewis O. and John D. Reid (compilers). Workshop for an Assessment of the Present and Potential Role of Weather Modification in Agricultural Production, July 15-18, 1975, Ft. Collins, Colorado. Colorado State University, August 1975. 236 p. Griffiths, John F. and M. Joan Griffiths. Bibliography of the urban modification of the atmosphere and hydrologie environment. College Station, Texas, Texas A & M University, Department of Meteorology, February 1974. 100 p. Grimes, Annie E. An annotated bibliography on weather modification, 1960-1969. National Oceanic and Atmospheric Administration, Environmental Data Serv- ice, Environmental Science Information Center. Rockville, Maryland. 1972 (NOAA technical memorandum EDS ESIC-1) 407 p. Ilc-is. Wilmot N. (editor). Weather and climate modification. New York, John Wiley and Sons, 1974. 842 p. (Contains 22 chapters on various aspects of weather modification, contributed by experts in various phases of the field.) Halacy, Daniel S., Jr. The weather changers. New York, Harper and Row, 1968. 246 p. Hromocky, Alexander. Weather modification (bibliography). Library of Congress Science Tracer Bullet. (TB 75-5) Washington, June 1975. 13 p. . Justus, John R. A bibliography of selected Federal and congressional publica- tions on weather modification. Congressional Research Service. Library of Congress. January 14. 1977. 4 p. Kellogg, William W. Is mankind warming the Earth? Bulletin of the atomic scientists, v. 34. February 1978: 10-19. Klein, D. A. (editor). Environmental impacts of nucleating agents used in weather modification. Stroudsburg, Pennsylvania, Dowden, Hutchison, and Ross (in press). Matthews, W. II.. W. W. Kellogg, and G. D. Robinson, editors. Man's impact on the climate. Cambridge. MIT Press, 1971. 594 p. National Center for Atmospheric Research. National Hail Research Experiment randomized seeding experiment, 1972-1974: final report. Boulder, Colorado, December 1976. In five volumes. 260 + 530 4- 313 + 326 + 207 p. . The National Hail Research Experiment: summer 1976 summary report. Boulder, Colorado, December 1977. (NCAR-71 00-77/2.) 217 p. National Research Council. Committee on Atmospheric Sciences. Panel on Weather and Climate Modification. Weather and climate modifications: prob- lems and prospects, (in two volumes) Washington, National Academy of Sciences. 1966. (Publication No. 1350.) 40 + 212 p. . Weather and climate modification: problems and progress. Washington, National Academy of Sciences, 1973. (ISBN 0-309-02121-9). 280 p. U.S. Committee for the Global Atmospheric Research Program. Under- derstanding climatic change: a program for action. Washington, National Academy Of Sciences, 1975, 239 p. Geophysics Research Board. Energy and climate. Washington, National Academy of Sciences. 1977, 281 p. Newell. Homer E. A recommended national program in weather modification. Federal Council for Science and Technology. Interdepartmental Committee for Atmospheric Sciences. (I CAS report no. 10a). Washington, November 19GG. 93 p.

643 North American Interstate Weather Modification Council. Conference on Weather Modification—a Usable Technology ; its Potential Impact on the World Food Crisis. January 16-17, 1975, Denver, Colorado. (Pub. 75-1). 150 p. . Conference on Weather Modification, Today and Tomorrow. Second an- . nual meeting of the NAIWMC, January 15-16, 1976, Kansas City, Missouri. (Pub. no. 76-1). 119 p. . Legal uncertainties and legislation in weather modification. Special and third annual meetings of the Council. August 5-6, 1976 and December 2-3. 1976, both in Denver, Colorado. (NAIWMC Pub. no. 77-1.) Las Cruces, New Mexico, September 1977. 173 p. Robinson, G. D. (editor). Report on the Third Inadvertent Weather Modification Workshop, Hartford, Connecticut, May 23-27, 1977. (CEM Report 4215- 604) Hartford, Connecticut, The Center for the Environment and Man, No- vember 1977. 167 p. Sewell, W. R. D., et al. Modifying the weather: a social assessment. Western geographical series, vol. 9. Victoria, British Columbia, University of Victoria, July 1973. 349 p. Smith, Ivan C. and Bonnie L. Carson. Trace metals in the environment : vol. 2, silver. Ann Arbor, Michigan, Ann Arbor Science Publishers, 1977. 490 p. Special Commission on Weather Modification. Weather and climate modification. Report to the National Science Foundation. NSF 66-3. Washington, D.C., De- cember 20, 1965. 155 p. State of South Dakota. Department of Natural Resources Development. Division of Weather Modification. Conference on Weather Modification in the United States ; Potential and Problems for Interstate Action. Sioux Falls, South Da- kota, June 10-12, 1974, 248 p. (This conference, called by the Governor of South Dakota, was attended by officials from 23 States and from the Canadian Province of Alberta and resulted in the formation of the North American Interstate Weather Modifica- tion Council.) Steinhoff, Harold W. and Jack D. Ives (editors). Ecological impacts of snow- pack augmentation in the San Juan Mountains, Colorado. Final report of the San Juan Ecology Project to the Bureau of Reclamation. Prepared by Colorado State University, Fort Collins, Colorado; University of Colorado, Boulder, . Colorado; and Fort Lewis College, Durango, Colorado, March 9. 1976. 489 p. Taubenfeld, Howard J. (editor). Controlling the weather; a study of law and regulatory processes. New York, Dunellen, 1970. 275 p. Thomas, William A. (editor), Legal and scientific uncertainties of weather modi- fication. (Proceedings of a symposium convened at Duke University, March 11- 12, 1976, by the National Conference of Lawyers and Scientists.) Durham, North Carolina, Duke University Press, 1977. 155 p. U.S. Advisory Committee on Weather Control. Final report of the Advisory Committee on Weather Control, (in two volumes) Washington, U.S. Govt. Print. Off.. December 31, 1957. 32 4- 422 p. (Volume II contains 2259 refer- ences on U.S. and foreign works on weather modification and related subjects through 1957.) U.S. Congress. House of Representatives. Committee on Science and Technology. Subcommittee on the Environment and the Atmosphere. Weather modification. Hearings, 94th Congress, 2d session. June 15, 16, 17, and 18, 1976. (No. 79) Washington, U.S. Govt. Print. Off., 1976. 524 p. U.S. Congress. Senate. Committee on Commerce. Subcommittee on Oceans and Atmosphere. Atmospheric Research Control Act. Hearing. 94th Congress, 2d session, on S. 2705. S. 2706, and S. 2707. February 17, 1976. Washington. U.S. Govt. Print. Off.. 1976. 297 p. U.S. Department of Commerce. National Oceanic and Atmospheric Administra- tion. Summary report: weather modification; fiscal years 1969. 1970. 1971. Office of the Assistant Administrator for Environmental Monitoring and Pre- diction. Rockville, Maryland. May 1973. 163 p. . Summary report: weather modification: fiscal year 1972. Office of En- vironmental Monitoring and Prediction. Rockville, Marvland, November 1973. 226 p. . Summary report : weather modification ; fiscal year 1973. Office of En- vironmental Monitoring and Prediction. Rockville, Maryland, December 1974. 154 p. •. Draft environmental impact statement (EIS) for the hurricane ameliora- tion research project. Rockville, Maryland, February 1978. 192 p.

644 U.S. Department of Commerce. Environmental Data Service. Weather modifica- tion (bibliography). Packaged literature search 77-1. Washington, D.C., April 1977. (NOAA-S/T 77-2759) 159 p. , . Environmental Research Laboratories. Weather Modification Program Office. Collected reprints: 1975-1976. Boulder, Colorado, May 1977. 667 p. (This is a volume of collected reprints published by NOAA's Weather Modifi- cation Program Office, including reports of research directed and supported by WMPO that appeared in 1975 and 1976 as journal articles or in conference proceedings as well as some unpublished documentation otherwise difficult to obtain; abstracts are included of papers published in the NOAA Technical Report and Technical Memorandum series.) U.S. Department of the Interior. Bureau of Reclamation. Division of Atmospheric Water Resources Management. Project Skywater : 1973-74 biennial report. Denver, December 1976. (REC-ERC-76-21.) . Precipitation, man, and the environment ; an overview of Skywater IX Conference, Vail, Colorado, second week of November 1976. Denver, September 1977. 223 p. (This is the latest published proceedings of a series of Skywater Conferences, the first of which was held in Denver in July 1967 : the most recent Skywater X Conference was held in June 1978 at Lake Tahoe, California. . Final environmental statement for Project Skywater ; a program of re- search in precipitation management. Division of Atmospheric Water Resources Management. (INT FES 77-39.) Denver, October 25, 1977. In three volumes. 376 + 316 + 266 p. U.S. Domestic Council. Environmental Resources Committee. Subcommittee on Climate Change. The Federal role in weather modification. Washington, 1975. 39 p. U.S. Federal Coordinating Council for Science, Engineering, and Technology. Committee on Atmosphere and Oceans. A United States climate program plan. Washington, 1977. 81 p. (ICAS 20b-FY 77) U.S. Federal Council for Science and Technology. Interdepartmental Committee for Atmospheric Sciences. A national program for accelerating progress in weather modification. (ICAS report no. 15a.) Washington, June 1971. 50 p. U.S. Federal Council for Science and Technology and Council on Environmental Quality. Fluorocarbons and the environment. Report of the Federal Task Force on Inadvertent Modification of the Stratosphere (IMOS). Washington, U.S. Govt. Print. Off., 1975. 109 p. U.S. Library of Congress. Legislative Reference Service. Weather modification and control ; a report prepared by Lawton M. Hartman for the use of the Com- mittee on Commerce, U.S. Senate. (89th Congress, 2d session, Senate. Report no. 1139.) Washington. U.S. Govt. Print. Off.. 1966. 181 p. U.S. Library of Congress. Congressional Research Service. A primer on climatic variation and change. Prepared for the Subcommittee on the Environment and the Atmosphere of the Committee on Science and Technology. U.S. House of Representatives. 94th Congress, 2d session. September 1976. Washington. U.S. Govt. Print. Off.. 1976. 403 p. Weisbecker, Leo W. (compiler). The impacts of snow enhancement: technology assessment of winter orographic snowpack augmentation in the upper Colo- rado River basin. Norman, Oklahoma, University of Oklahoma Press, 1974. 624 p. White. Fred D. Highlights of solicited opinions on weather modification (a sum- mary). (Prepared for use of the U.S. Department of Commerce Weather Modi- fication Advisory 'Board: summarized from background papers on various aspects of weather modification, solicited from 17 experts in various phases of weather modification.) U.S. Department of Commerce. National Oceanic and Atmospheric Administration. Rockville. Maryland, March 1977. 39 p. Wtt on, Carroll L.. editor. Man's impact on the global environment. Report of the Study of Critical Environmental Problems (SCEP). Cambridge, MIT Press, 1070. 319 p. Wilson, C. L. and W. H. Matthews, editors. Inadvertent climate modification. Re- port of the Study of Man's Impact on Climate (SMIC). Cambridge. MIT Press, 1071. 308 p. Woodley, William L. and Robert T. Sax. The Florida Area Cumulus Experiment- rationale, design, procedures, results, and future course. U.S. Department of Commerce. National Oceanic and Atmospheric Administration. Environmental Research Laboratories. (NOAA technical report ERL 354-WMPO 6.) Boulder, Colorado, January 1076. 204 p.

645 World Meteorological Organization. Proceedings of the WMO/IAMAP Scientific Conference on Weather Modification, October 1-7, 1973, Tashkent, USSR. Geneva, 1974. (WMO No. 399.) 566 p. . Papers presented at the Second WMO Scientific Conference on Weather Modification, August 2-6, 1976, Boulder, Colorado. Geneva, 1976. (WMO No. 443.) 597 p. . Weather Modification Programme. Plan for the Precipitation Enhance- ment Project (PEP). PEP report No. 3. Geneva, November 1976. 43 p. . Register of national weather modification projects : 1976. Geneva, 1977. 28 p.

; Appendix I Public Laws Dealing Specifically With Weather Modification August 13. 1953 Public Law 256—Chapter 426 IS. 285] AN ACT To create a committee to study and evaluate public and private experiments in weather modification. Weather modi- Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, FvaVnation STATEMENT OF PURPOSE AND POLICY Research and experimentation in the field of weather modifica- tion and control have attained the stage at which the applica- tion of scientific advances in this field appears to be practical. The effect of the use of measures for the control of weather phe- nomena upon the social, economic, and political structures of today, and upon national security, cannot now be determined. It is a field in which unknown factors are involved. It is reasonable to anticipate, however, that modification and control of weather, if effective on a large scale, would cause profound changes in our present way of life and would result in vast and far-reaching benefits to agriculture, industry, commerce, and the general wel- fare and common defense. While the ultimate extent to which weather modification and control may be utilized is speculative, the application of such measures without proper safeguards, sufficient data and accurate information may result in inadequate or excessive precipitation may cause catastrophic droughts, storms, floods, and other phenomena with consequent loss of life and property, injury to navigable streams and other channels of interstate and foreign commerce, injury to water supplies for municipal, irrigation, and industrial, purposes, and injury to sources of hydroelectric power : may otherwise impede the production and transportation of goods and services for domestic consumption and export and for the national defense; and may otherwise adversely affect the gen- eral welfare and common defense. Thorough experimentation and full-scale operations in weather modification and control will of necessity affect areas extending across State and possibly across national boundaries. The Con- gress, therefore, recognizes that experimentation and applica- tion of such measures are matters of national and international concern. Accordingly, it is hereby declared to be the policy of the Con- press, in order to effect the maximum benefit which may result from experiments and operations designed to modify and control went her. to correlate and evaluate the information derived from such activity and to cooperate with the several States and the duly authorized officials thereof with respect to such activity, all to the end of encouraging the intelligent experimentation and the beneficial development of weather modification and control, pre- venting its harmful and indiscriminate exercise, and fostering sound economic conditions in the public interest. CREATION OF ADVISORY COMMITTEE ON WEATHER CONTROL Sec. 2. There is hereby established a national committee to he known as the Advisory Committee on Weather Control (herein- after called the 'Committee'). (G46)

647 Sec. 3. The Committee shall make a complete study and evalua- tion of public and private experiments in weather control for the purpose of determining the extent to which the United States should experiment with, engage in, or regulate activities designed to control weather conditions. Sec. 4. The Committee shall be composed of the Secretary of Members. Defense or his designee, the Secretary of Agriculture or his designee, the Secretary of Commerce or his designee, the Secre- tary of the Interior or his designee, the Director of the National Science Foundation or his designee, the Secretary of Health, Education, and Welfare or his designee, and five members ap- pointed by the President, by and with the advice and consent of the Senate, from among persons in private life of outstanding ability in the fields of science, agriculture, and business. A vacancy in the Committee shall not affect its powers but shall be tilled in the same manner that the original appointment was made. Sec. 5. The President shall appoint the Chairman and Vice Chairman of the Committee. The Chairman shall be appointed from among those persons appointed to the Committee from private life. Sec 6. The Committee shall hold at least two meetings a year, Meetings. approximately six months apart, and. on due notice, shall meet at such other times as the Committee may determine. Six members of the Committee shall constitute a quorum. Sec. 7. The members of the Committee who are in the executive Compensation. branch of the Government shall receive no additional compensa- tion for their services on the Committee. The members from private life shall each receive $50 per diem when engaged in the performance of duties vested in the Committee. All members of the Committee sball be reimbursed in accordance with the Travel Expense Act of 1949, as amended, for travel, subsistence, and 63 Stat. 160. other necessary expenses incurred by them in the performance of 5 USC S35 note. duties vested in the Committee. Officers and Sec. S. The Committee shall have power to appoint and fix the employees. compensation of such officers and employees as may be necessary to carry out the functions of the Committee, including one execu- tive secretary at a salary not exceeding $12,000 per annum. Officers and employees other than the executive secretary shall be appointed in accordance with the Classification Act of 1949, as amended, except that to the extent the Committee deems such 63 Stat. 954. 5 USC 1071 action necessary to. the discharge of its responsibilities, personnel note. for positions requiring scientific or special qualifications may be employed and their compensation fixed without regard to such laws. The Committee shall make adqeuate provision for adminis- trative review of any determination to dismiss any employee. Sec. 9. (a) The Committee, or any member thereof, may. for the Hearings. purpose of carrying out the provisions of this Act. hold such hearings and sit and act at such times and places, and take such testimony as the Committee shall deem advisable. Any member of the Committee may administer oaths or affirmations to wit- nesses appearing before the Committee or before such member. (b) The Committee is authorized to secure directly from any Information, etc., from executive department, bureau, agency, board, commission, office, agencies. independent establishment, or instrumentality information, sug- gestions, estimates, and statistics for the purpose of this Act ; and each such department, bureau, agency, board, commission, office, establishment, or instrumentality is authorized and directed to furnish such information, suggestions, estimates, and statistics directly to the Committee, upon request made by the Chairman or Vice Chairman. Personnel of (c) The Committee may, with the consent of the agency con- other agencien. cerned, accept and utilize, on a reimbursable basis, the personnel of any other agency of the Federal Government. (d) (1) The Committee shall be entitled by regulation, subpena, Information from persons. or otherwise, to obtain such information from, require such reports and the keeping of such records by, and make such inspection of

648 the books, records, and other writings, premises or property of, any person as may be necessary or appropriate to carry out the provisions of this Act, but this authority shall not be exercised if adequate and authoritative data are available from any Federal agency. In case of contumacy by, or refusal to obey a subpena served upon, any person referred to in this subsection, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the Committee, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce doc- uments, or both : and any failure to obey such order of the court may be punished by such court as a contempt thereof. (2) The production of a person's books, records, or other docu- mentary evidence shall not be required at any place other than the place where such person usually keeps them, if, prior to the return date specified in the regulations, subpena, or other docu- ment issued with respect thereto, such person furnishes the Com- mittee with a true copy of such books, records, or other documen- tary evidence (certified by such person under oath to be a true and correct copy) or enters into a stipulation with the Committee as to the information contained in such books, records, or other Witness fees. documentary evidence. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Penalty. (3) Any person who willfully performs any act prohibited or willfully fails to perform any act required by the above provisions of this subsection, or any rule, regulation, or order thereunder, shall upon conviction be fined not more than $500 for each offense. Confidential (4) Information obtained under this Act which the Committee information. deems confidential for purposes of national security or other reasons or with reference to which a request for confidential treat- ment is made by the person or agency furnishing such information, shall not be published or disclosed unless the Committee deter- mines that the withholding thereof is contrary to the purposes of this Act, and any member or employee of the Committee willfully violating this provision shall, upon conviction, be fined not more than $5,000. Use of mails. ( e) The Committee shall be entitled to the free use of the United Stales mails in the same manner as the other executive agencies of the Government. Report. Sec. 10. (a) The Committee shall from time to time submit a report on its findings and recommendations to the President for submission to the Congress. At the earliest possible moment, the Committee shall submit a report to the President for submission to the Congress on the advisability of the Federal Government regu- lating, by means of licenses or otherwise, those who attempt to engage in activities designed to modify or control the weather. The Committee shall submit a final report to the President for submission to the Congress not. later than June 30, 1056. Termination (b) Thirty days after the Committee has submitted such final date. report to the President, the Committee shall cease to exist. Appropriation. Sec 11. There are authorized to be appropriated, from any funds in the Treasury not otherwise appropriated, such sums as the Congress may from time to time deem necessary to carry out the provisions of this Act. Approved August 13, 1953. July o. inse Public Law 661—Chapter 522 [8. 29131 AN ACT To oxtend for two years the Advisory Committee on Weather Control. 15 USC 811 Be it enacted hi/ the Senate and House of Representatives of note. the United States of America in Congress assembled. That section 10 1 a I of the Act entitled 'An Act to create a committee to study and evaluate public and private experiments in weather modifica- tion', approved August 13. 1953 (67 Stat. 551). 561). is anieuded by striking out ''.June 30, 1056' and inserting in lieu thereof 'June 30, 1058'. Approved July 9, 1956.

: 649 Public Law 85-510 AX ACT To amend the National Science Foundation Act of 1950, to pro- fH ^,*}' 195S 1 vide for a program of study, research, and evaluation in the field of kE: bb i weather modification. Be it enacted by the Senate and House of Representatives of National Science the United States of America in Congress assembled, That sub- Foundation. section (a) of section 3 of the National Science Foundation Act of Weather 1950. as amended, is amended by striking out 'and' at the end of modification. paragraph (7), by striking out the period at the end of paragraph Research. 64 Stat. 149. (8) and inserting in lieu thereof a semicolon, and by adding after 42 USC 1862. paragraph (8) the following new paragraph: '(9) to initiate and support a program of study, research, and evaluation in the held of weather modification, giving particular attention to areas that have experienced floods, drought, hail, lightning, fog, tornadoes, hurricanes, or other weather phenomena, and to report annually to the President Reports. and the Congress thereon.' 64 Stat. 134. Sec. 2. The National Science Foundation Act of 1950, as 42 USC amended, is amended by changing the designations of sections 14, 1S73-75. 15, and 16 (and all reference to such sections in any provision of law) to 15, 16, and 17, respectively, and by inserting after section 13 the following section : 'weather modification 'Sec. 14. (a) In carrying out the provisions of paragraph (9) of section 3 (a), the Foundation shall consult with meteorologists and scientists in private life and with agencies of Government interested in, or affected by, experimental research in the field of weather control. '(b) Research programs to carry out the purposes of such Research contracts. paragraph (9), whether conducted by the Foundation or by other Government agencies or departments, may be accomplished through contracts with, or grants to, private or public institutions or agencies, including but not limited to cooperative programs with any State through such instrumentalities as may be desig- nated by the governor of such State. '(c) For the purposes of such paragraph (9), the Foundation Gifts. is authorized to accept as a gift, money, material, or services Provided, That notwithstanding section 11(f), use of any such 42 USC 1S70. gift, if the donor so specifies, may be restricted or limited to cer- tain projects or areas. '(d) For the purposes of such paragraph (9), other agencies of Loan of property, etc. the Government are authorized to loan to the Foundation without reimbursement, and the Foundation is authorized to accept and make use of, such property and personnel as may be deemed useful, with the approval of the Director of the Bureau of the Budget. '(e) The Director of the Foundation, or any employee of the Hearings. Foundation designated by him, may for the purpose of carrying out the provisions of such paragraph (9) hold such hearings and sit and act at such times and places and take such testimony as he shall deem advisable. The Director or any employee of the Foundation designated by him may administer oaths or affirma- tions to witnesses appearing before the Director or such employee. Documentary '(f) (1) The Director of the Foundation may obtain by regula- evidence. tion, subpena, or otherwise such information in the form of testimony, books, records, or other writings, may require the keeping of and furnishing such reports and records, and may make such inspections of the books, records, and other writings and premises or property of any person or persons as may be deemed necessary or appropriate by him to carry out the provi- sions of such paragraph (9), but this authority shall not be exercised if adequate and authoritative data are available from any Federal agency. In case of contumacy by, or refusal to obey a subpena served upon, any person referred to in this subsection,

650 the district court of the United States for any district in which such person is found or resides or transacts business, upon appli- cation by the Director, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both ; and any failure to obey such order of the court may be punished by such court as a contempt thereof. '(2) The production of a person's books, records, or other documentary evidence shall not be required at any place other than the place where such person usually keeps them, if, prior to the return date specified in the regulations, subpena, or other document issued with respect thereto, such person furnishes the Foundation with a true copy of such books, records, or other documentary evidence (certified by such person under oath to be a true and correct copy) or enters into a stipulation with the Director as to the information contained in such books, records, or other documentary evidence. Witnesses shall be paid the same fees and mileage that are paid witnesses in the courts of the United States. Violation '(3) Any person who willfully performs any act prohibited or and penalty. willfully fails to perform any act required by the above provi- sions of this subsection, or any regulation issued thereunder, shall upon conviction be fined not more than $500. '(4) Information contained in any statement, report, record, or other document furnished pursuant to this subsection shall be available for public inspection, except (A) information authorized or required by statute to be withheld and (B) information classified in accordance with law to protect the national security. The foregoing sentence shall not be interpreted to authorize or require the publication, divulging, or disclosure of any informa- G2 Stat. 791. tion described in section 1905 of title 18 of the United States Code, except that the Director may disclose information described in such section 1905, furnished pursuant to this subsection, whenever he determines that the withholding thereof would be contrary to the purposes of this section and section 3(a) (9) of this Act.' Approved July 11, 1958. Public Law 92-205—92nd Congress, H.R. 6893 December 18, 1971 AX ACT To provide for the reporting of weather modification activities to the Federal Government. Weather Be it enacted by the Senate and House of Representatives of the modification United States of America in Congress assembled, That, as used in reporting. this Act— (1) The term 'Secretary' means the Secretary of Commerce. (2) The term 'person' means any individual, corporation, com- pany, association, firm, partnership, society, joint stock company, any State or local government or any agency thereof, or any other organization, whether commercial or nonprofit, who is perform- ing weather modification activities, except where acting solely as an employee, agent, or independent contractor of the Federal Government. (3) The term 'weather modification' means any activity per- formed with the intention of producing artificial changes in the 85 STAT. 735 composition, behavior, or dynamics of the atmosphere. 85 STAT. 736 (4) The term 'United States' includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or insular possession of the United States. Report Sec. 2. No person may engage, or attempt to engage, in any requirement. weather modification activity in the United States unless he sub- mits to the Secretary such reports with respect thereto, in such form and containing such information, as the Secretary may by

; — 651 rule prescribe. The Secretary may require that such reports be sub- mitted to him before, during, aud after any such activity or attempt. Sec. 3. (a) The Secretary shall maintain a record of weather Records, publication. modification activities, including attempts, which take place in the United States and shall publish summaries thereof from time to time as he determines. (b) All reports, documents, and other information received by the Secretary under the provisions of this Act shall be made avail- able to the public to the fullest practicable extent. (c) In carrying out the provisions of this section, the Secretary Confidential shall not disclose any information referred to in section 1905 of information. title 18, United States Code, and is otherwise unavailable to the 62 Stat. 791. public, except that such information shall be disclosed (1) to other Federal Government departments, agencies, and officials for official use upon request (2) in any judicial proceeding under a court order formu- lated to preserve the confidentiality of such information with- out impairing the proceeding and ; (3) to the public if necessary to protect their health and safety. Sec. 4. (a) The Secretary may obtain from any person whose ac- Authority of Secretary. tivities relate to weather modification by rule, subpena, or other- wise such information in the form of testimony, books, records, or other writings, may require the keeping and furnishing of such reports and records, and may make such inspection of the books, records, and other writings and premises and property of any per- son as may be deemed necessary or appropriate by him to carry out the provisions of this Act, but this authority shall not be exer- cised to obtain any information with respect to which adequate and authoritative data are available from any Federal agency. (b) In case of contumacy by, or refusal to obey a subpena served Noncompliance. upon any person pursuant to this section, the district court of the United States for any district in which such person is found or resides or transacts business, upon application by the Attorney General, shall have jurisdiction to issue an order requiring such person to appear and give testimony or to appear and produce documents, or both ; and any failure to obey such order of the court may be punished by such court as a contempt thereof. Penalty. Sec. 5. Any person who knowingly and willfully violates section 2 of this Act, or any rule issued thereunder, shall upon conviction thereof be fined not more than $10,000. Sec 6. There are authorized to be appropriated $150,000 for Appropriation* the fiscal year ending June 30, 1972, and $200,000 each for the fiscal years ending June 30, 1973, and June 30, 1974, to carry out the provisions of this Act. Approved December 18, 1971. Public Law 93-436—93rd Congress, S. 3320 October 5, 1974 AN ACT To extend the appropriation authorization for reporting of 88 Stat. 1212 weather modification activities. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 Weather of the Act entitled 'An Act to provide for the reporting of weather modification reporting. modification activities to the Federal Government', approved De- Appropriation, cember 18. 1971 (15 U.S.C. 330e), is amended by striking out 'end- extension. ing June 30, 1973, and June 30, 1974,' and inserting in lieu thereof '1973, 1974, 1975, 1976, and 1977,'. Approved October 5, 1974.

: : : ; ;; — ; 652 Public Law 94-490—94th Congress October 13, 1976 Oct. 13, 1076 AN ACT To authorize and direct the Secretary of Commerce to develop a [S. 3383] national policy on weather modification, and tor other purposes. National Be it enacted by the Senate and House of Representatives of the Weather United States of America in Congress assembled, That this Act Modification Policy Act may be cited as the 'National Weather Modification Policy Act of of 1976. 1976'. 1 5 USC 330 note. SEC. 2. DECLARATION OF POLICY. 15 I'SC 330 (a) Findings.—The Congress finds and declares the following: note. (1) Weather-related disasters and hazards, including drought, hurricanes, tornadoes, hail, lightning, fog. floods, and frost, result in substantial human suffering and loss of life, billions of dollars of annual economic losses to owners of crops and other property, and substantial financial loss to the United States Treasury (2) Weather modification technology has significant poten- tial for preventing, diverting, moderating, or ameliorating the adverse effects of such disasters and hazards and enhancing crop production and the availability of water (3) The interstate nature of climatic and related phenom- ena, the severe economic hardships experienced as the result of occasional drought and other adverse meteorological con- ditions, and the existing role and responsibilities of the Fed- eral Government with respect to disaster relief, require appro- priate 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. Policy. (b) Purpose.—It is therefore declared to be the purpose of the Research and development Congress in this Act to develop a comprehensive and coordinated program. national weather modification policy and a national program of weather modification research and development (1) to determine the means by which deliberate weather modification can be used at the present time to decrease the adverse impact of weather on agriculture, economic growth, and the general public welfare, and to determine the potential for weather modification (2) to conduct research into those scientific areas consid- ered most 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 modification (4) to make weather modification research findings avail- able to interested parties (5) to assess the economic, social, environmental, and legal impact of an operational weather modification program ; (6) to develop both national and international mechanisms designed 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. SEC. 3. DEFINITIONS. 15 DSC 330 As used in this Art note. (1) The term ''Secretary' means the Secretary of Commerce. (2) The term 'State' means any State of the United States, the District of Columbia, or any Commonwealth, territory, or posses- sion of the United States.

; ; —; : ;; ;; ;; ; 653 (3) The term 'weather modification' means any activity per- formed with the intention and expectation of producing changes in precipitation, wind, fog, lightning, and other atmospheric phenomena. SEC. 4. STUDY. The Secretary shall conduct a comprehensive investigation and 15 use 330 study of the state of scientific knowledge concerning weather note, modification, the present state of development of weather modifi- cation technology, the problems impeding effective implementation of weather modification technology, 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 property destruction (2) a review and analysis of research needs in weather modification to establish areas in which more research could be expected to yield the greatest return in terms of practical weather modification technology (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 effectively implemented (4) an assessment of the legal, social, and ecological impli- cations of expanded and effective research and operational weather modification projects (5) formulation of one or more options for a model regula- tory 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 modification policy and program (7) a review of the international importance and implica- tions 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 coor- dination 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 inter- national agreement concerning the peaceful uses of weather modification and the regulation of national weather modifi- cation activities ; and a review and analysis of the necessity and feasibility of negotiating such an agreement. SEC. 5. REPORT. (a) In General.—The Secretary shall prepare and submit to Submittal to President and the President and the Congress, within 1 year after the date of Congress. enactment of this Act, a final report on the findings, conclusions, 15 USC 330 and recommendations of the study conducted pursuant to section note. 4. Such report shall include (1) a summary of the findings made with respect to each of the areas of investigation specified in section 4 (2) other findings which are pertinent to the determination and implementation of a national policy on weather modifi- cations ; 34-857 - 79 - 44

; 654 (3) a recommended national policy on weather modifica- tion and a recommended national weather modification re- search and development program which is consistent with, and likely to contribute to, achieving the objectives of such policy (4) recommendations for levels of Federal funding suffi- cient to 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 ef- fectively the recommended national policy on weather modi- fication and the recommended research and development pro- gram ; and (6) recommendations for any regulatory and other legisla- tion which may be required to implement such policy and pro- gram or for any international agreement which may be ap- propriate concerning the peaceful uses of weather modifica- tion, including recommendations concerning the dissemina- tion, refinement, and possible implementation of the model domestic code and international agreement developed under the specifications of section 4. Cooperation. Each department, agency, and other instrumentality of the Fed- eral Government is authorized and directed to furnish the Secre- tary any information which the Secretary deems necessary to carry out his functions under this Act. (b) Operation and Consulation.—The Secretary shall solicit and consider the views of State agencies, private firms, institu- tions of higher learning, and other interested persons and govern- mental entities in the conduct of the study required by section 4, and in the preparation of the report required by subsection (a). SEC. 6. AUTHORIZATION FOR APPROPRIATIONS. 15 use 330 (a) There is authorized to be appropriated to the Secretary for note - the purposes of carrying out the provisions of this Act not to ex- ceed $1,000,000. (b) Section 6 of the Act entitled 'An Act to provide for tlw reporting of weather modification activities to the Federal Gov- ernment', approved December 18, 1971 (85 Stat. 736 ; 88 Stat. 1212; 15 U.S.C. 330e), is further amended by striking out '1973. 1974, 1975, 1976, and 1977,' and inserting in lieu thereof '1073 through 1980,'. Approved Oct. 13, 1976.

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. Appendix K Membership and Charter of the U.S. Department of Commerce Weather Modification Advisory Board Weather Modification Advisory Board Mr. Harlan Cleveland, Chairman, Director, Program in International Affairs. Aspen Institute for Humanistic Studies, P.O. Box 2820, Rosedale Rd., Prince- ton, N.J. 08540. Dr. D. Ray Booker, President, Aeromet, Inc., P.O. Box FF, Norman, OK 73070. Dr. Roscoe R. Braham, Jr., Director, Cloud Physics Laboratory, University of Chicago, Chicago, Illinois 60637. Mr. Stanley A. Changnon, Jr., Head, Atmospheric Science Section, Illinois State Water Survey, Box 232, Champaign-Urbana, Illinois 61801. Mr. Abram Chayes, Professor of Law, Harvard Law School, Cambridge, Mass. 02138. Dr. John P. Craven, Dean of Marine Programs, University of Hawaii, 2540 Maile Way, Honolulu, Hawaii 96822. Dr. James A. Crutchfield, Jr., Professor of Economics. Department of Economics, University of Washington, Seattle, Washington 98105. Mr. Robert D. Elliott, President, North American Weather Consultants, Inc., Goleta, California 93017. Dr. John W. Firor. Director, National Center for Atmospheric Research, P.O. Box 1470, Boulder, Colorado 80302. Dr. T. Keith Glennan, 11483 Waterview, Reston, VA 22070. Mr. Thomas L. Kimball. Executive Vice President, National Wildlife Federa- tion, 1412 16th Street, Washington, D.C. 20036. Dr. Thomas F. Malone, Director, Holcomb Research Institute, Butler University, Indianapolis, Indiana 46208. Ms. Martha A. Mclnnis, President, Enviro South, Inc., 3815 Interstate Court, Suite 202, Montgomery. Alabama 36109. Mr. Herman Pollack, Research Professor, International Affairs, Room 714 Library, George Washington University, Washington, D.C. 20052. Mr. Wallace N. Robinson, III, Chairman, Western Kansas Groundwater Manage- ment District No. 1, Federal Building, Scott City, KA 67871. Dr. Joanne Simpson, Professor of Environmental Sciences, Center for Ad- vanced Studies. University of Virginia, Charlottesville, VA 22903. Mr. S. Bryce Streibel, Fessenden, North Dakota 58438. U.S. Department of Commerce— Charter of Weather Modification Advisory Board a. establishment The Secretary of Commerce (the 'Secretary'), having determined that it is in the public interest in connection with the performance of duties imposed on the Secretary by Public Law 94-490 (the 'Act'), hereby establishes the Weather Modification Advisory Board (the 'Board') pursuant to the Federal Advisory Committee Act, 5 U.S.C App. I ( Supp V, 1975) B. EXPLANATION OF TERMS The terms used in this Charter shall have the meanings that are prescribed in the Act. C. OBJECTIVES AND DUTIES 1. The Board shall advise and make recommendations to the Secretary through the Administrator of the National Oceanic and Atmospheric Administration (the 'Administrator') on matters of a national policy, a national research and de- velopment program, and other aspects of weather modification as outlined in the Act. (660)

661 2. The Board may draw upon the experience and expertise of its members upon the public, and upon other bodies and individuals deemed necessary to provide advice, consultation, evaluations, and recommendations to the Secre- tary on the various weather modification matters relative to Sections 4 and 5 of the Act, such as : a. The present state of scientific knowledge of weather modi- fication, its development, and technology; b. The problems impeding effective implementation of weather modification technology ; c. Research needs in weather modification and the economic importance of weather modification; d. An assessment of the legal, social, and ecological implications of weather modi- fications ; e. Development of model domestic regulatory codes ; f . International implications and model agreements; g. A comprehensive and coordinated na- tional weather modification policy ; h. A national program of weather modifica- tion research and development ; and i. Legislation and funding associated with such policy and program. The Board shall submit its report to the Secretary not less than 15 days prior to the date the Secretary is required to submit the report to the President and the Congress. 3. The Board functions solely as an advisory body, and will comply fully with the provisions of the Federal Advisory Committee Act. D. MEMBERS AND CHAIRPERSON 1. The Board shall consist of not more than 25 members and not less than 7, appointed by the Secretary. The members shall possess expertise, experience, or current interest in one or more weather modification factors or related aspects such as : research, operations, agriculture, water resources, economics, law, gov- ernment, business, social and environmental impact, and international relations. Members shall be appointed for up to 2 years and will serve at the discretion of the Secretary. Appointments to fill vacancies shall be for the remainder of the unexpired term of the vacancy. 2. The Chairperson of the Board shall be a nonfederal member and shall be appointed by the Secretary from among the membership. E. ADMINISTRATIVE PROVISIONS 1. The Board shall report to the Secretary through the Administrator. 2. The Board shall have an Executive Secretary who shall be a full-time Fed- eral officer or employee designated by the Administrator. 3. The Board generally shall meet quarterly and at such other times as may be deemed necessary by the Administrator or the Executive Secretary. 4. The National Oceanic and Atmospheric Administration shall provide clerical and other necessary support. 5. The annual cost of operating the Board is estimated at $160,000. This in- cludes 2 person-years of staff support. 6. The Board may establish, subject to the provisions of the Department of Commerce Committee Management Handbook (II, I.E.), and the approval of the Administrator, an Executive Committee and such subcommittees or working groups of its members as may be necessary. 7. Members of the Board will be compensated as consultants for time spent attending Board meetings during any month in which the Board meets for more than one day. They will, upon request, be allowed travel expenses as authorized by 5 U.S.C. 5703. F. DURATION The Board shall terminate 2 years after its establishment unless it is earlier terminated or renewed by proper authority by appropriate action. January 18, 1977. Joseph E. Kasputy Assistant Secretary for Administration Pursuant to subsection 9(c) of the Federal Advisory Committee Act, 5 U.S.C. App. 1, this charter was filed with the Assistant Secretary for Administration on January 18, 1977. On the same date, copies were filed with the Committees listed below, and a copy was furnished the Library of Congress. Senate Committee on Commerce. House Committee on Interstate and Foreign Commerce. House Committee on Merchant Marine and Fisheries. January 24, 1977. Robert T. Jordan, Chief, Information Management Division, Office of Organization and Management Systems.

— : Appendix L Rules and Regulations and Required Forms for Submitting In- formation on Weather Modification Activities to the National Oceanic and Atmospheric Administration, U.S. Department of Commerce, in Accordance with Requirements of Public Law 92-205 Chapter IX National Oceanic and Atmospheric Administration, Department of Commerce subchapter a— general regulations part 908 maintaining records and submitting reports on weather modification activities In a notice published in the Federal Register of February 24, 1976 (41 FR 3064), the Administrator of the National Oceanic and Atmospheric Administra- tion proposed to amend the rules on maintaining records and submitting reports on weather modification activities (37 FR 22974 and 39 FR 1832) . Interested per- sons were given until March 25, 1976 to submit written views, objections, recom- mendations, or suggestions in connection with the proposed amendments. The few comments received in response to the notice have been considered in detail, and, as a result, some revisions have been made in these amendments. The first revision covers § 908.3(d), the amendment that allows the Adminis- trator to waive some requirements in the reporting of certain weather modifica- tion attempts. This amendment has been clarified to provide specifically that all weather modification activities are to be reported to NOAA, that the Administra- tor may decide to waive some subsequent reporting requirements for certain ac- tivities after initial notification, and that the basis for such decision will be the general acceptability, from a technical or scientific viewpoint, of the apparatus and techniques to be used. The second revision concerns the period for filing interim and final reports. Sections 908.5(a) and 908.6 now provide for such reports to be filed within 45 days, since some respondents stated that they would encounter difficulty in meet- ing a 30 day requirement. The final revision is in § 908.5(a), with respect to the effective closing date for the interim report period. In reconsidering this amendment, NOAA has decided to adopt January 1 as the closing date for the interim report in order to avoid ambiguity and to prepare summary reports that more accurately reflect the status of weather modification activities during a calendar year. The original rules on maintaining records and submitting reports on weather modification activities were published in the Federal Register (37 FR 22974). These rules were subsequently amended (39 FR 1832). For completeness, the re- visions mentioned above and the remainder of the amendments now being effected are summarized as follows 1. Section 908.1 (k) and (1) have been added to define sponsor and operator. 2. The last sentence in § 908.3 (c) has been restated. 3. Section 908.3 (d) and (e) have been added. 4. Section 908.4(a) has been revised. 5. Section 908.5(a) has been changed. 6. Section 908.5(b) (2) has been reworded. 7. Section 908.6 has been changed. 8. Section 908.6(c) has been changed. 9. Section 906.8(a) (1) (viii) has been reworded. 10. Section 908.8(a) (2) has been reworded. The purpose of these rules is to provide for the reporting to the Administrator of the National Oceanic and Atmospheric Administration, U.S. Department of (662)

663 Commerce, of weather modification activities taking place within the United States, pursuant to the requirements of Pub. Law 92-205 as amended. The Sec- retary of Commerce (and by delegation the Administrator) is charged under the above law with the responsibility to assemble and retain records of such weather modification activities, to make these records publicly available to the fullest ex- tent practicable, and to publish summaries thereof from time to time. The intent of this program is that expertise in the field of weather modification will be in- creased ; that scientists and other concerned persons will have access to in- formation about past and ongoing efforts toward weather modification ; that con- cerned persons can determine whether their activities will be necessary or dupli- cative, can check both desirable and undesirable atmospheric changes against records of weather modification, and can be alert to possible territorial over- lappings of weather modification operations. In addition, this reporting program provides information on the possibility of harm to persons, property, or the en- vironment, or of interference with Federal research projects. Appropriate Federal agencies also report their weather modification activities to the Secretary of Commerce. This Federal reporting complements the reporting of non-Federally sponsored projects and provides for a central source of informa- tion on all weather modification activities in the United States. The actions of the Department of Commerce under these rules are not intended as, nor do they constitute, control or regulation of weather modification opera- tions. Any notification that may be made to operators and State officials on the basis of information received will be advisory only. Therefore, pursuant to the authority contained in 15 U.S.C. 330-330e and 15 U.S.C. 313, the National Oceanic and Atmospheric Administration (NOAA) has amended Title 15, Code of Federal Regulations by the addition of Part 908. These rules are administered by the Administrator, National Oceanic and Atmospheric Administration, on behalf of the Secretary of Commerce, pursuant to the Secre- tary's delegation of authority in section 3 subparagraph .Olt of U.S. Department of Commerce Organization Order 25-5A. The current rules, including all amend- ments, are republished below in their entirety. Robert M. White, Administrator. June 4, 1976. Part 908 reads as follows : Sec. 908.1 Definitions. 905.2 Persons subject to reporting. 908.3 Activities subject to reporting. 908.4 Initial report. 908.5 Interim reports. 908.6 Final report. 908.7 Supplemental reports. 908.8 Maintenance of records. 908.9 Retention of records. 908.10 Penalties. 908.11 Maintenance of record of related activities. 908.12 Public disclosure of information. 908.13 Address of letters. 908.14 Business to be transacted in writing. 908.15 Times for taking action : expiration on Saturday, Sunday, or holiday. 908.16 Signature. 908.17 Suspension or waiver of rules. 908.18 Matters not specifically provided for in rules. 908.19 Publication of notice of proposed amendments. 908.20 Effective date. 908.21 Report form. Authority : Pub. L. 92-305, 85 Stat. 735, December 18, 1971. § 908.1 Definitions As used in this part, terms shall have the meaning ascribed in this section. (a) Administrator. The Administrator of the National Oceanic and Atmos- pheric Administration. (b) Person. Any individual, corporation, company, association, firm, partner- ship, society, joint stock company, any State or local government or any agency thereof, or any other organization, whether commercial or nonprofit, except where acting solely as an employee, agent, or independent contractor of the Federal Government. (c) Weather modification activity. Any activity performed with the intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere.

; ; ; ; 664 (d) United States. The several States, the District of Columbia, the Common- wealth of Puerto Rico, and any territory or insular possession of the United States. (e) Persons whose activities relate to weather modification. Persons engaged in weather modification activities or engaged in the distribution or sale of weather modification apparatus or materials known by them to be destined for use in weather modification activities. (f ) Project. A related series of weather modification activities having a com- mon objective. (g) Modification mission. One or more airborne weather modification activities intended to affect the same target area, or one or more weather modification ac- tivities carried out by items of ground-based weather modification apparatus intended to affect the same target area. For purposes of these rules, activities that extend beyond 1 calendar day shall constitute a separate mission for each day that they continue. (h) Target area. The ground area within which the effects of the weather modification activity are expected to be found. (i) Control area. A preselected, untreated ground area used for comparison with a target area. (j) Weather modification apparatus. Any apparatus used with the intention of producing artificial changes in the composition, behavior, or dynamics of the atmosphere. For example: Seeding generators, propane devices, flares, rockets, artillery projectiles, jet engines, etc. (k) Sponsor. The primary person for whom the weather modification activity is performed. (1) Operator. The person who is primarily responsible for carrying out the weather modification activity. § 908.2 Persons subject to reporting Any person engaged or intending to engage in any weather modification ac« tivity in the United States shall be subject to the reporting provisions of this part. § 908.3 Activities subject to reporting (a) The following, when conducted as weather modification activities, shall be subject to reporting : (1) Seeding or dispersing of any substance into clouds or fog, to alter drop size distribution, produce ice crystals or coagulation of droplets, alter the development of hail or lightning, or influence in any way the natural develop- ment cycle of clouds or their environment (2) Using fires or heat sources to influence convective circulation or to evaporate fog. (3) Modifying the solar radiation exchange of the earth or clouds, through the release of gases, dusts, liquids, or aerosols into the atmosphere (4) Modifying the characteristics of land or water surfaces by dusting or treating with powders, liquid sprays, dyes, or other materials (5) Releasing electrically charged or radioactive particles, or ions, into the atmosphere; (6) Applying shock waves, sonic energy sources, or other explosive or acoustic sources to the atmosphere (7) Using aircraft propeller downwash, jet wash, or other sources of artificial wind generation ; or (8) Using lasers or other sources of electromagnetic radiation. (b) In addition to the activities listed above, other similar activities falling within the definition of weather modification as set forth in § 908.1 are also subject to reporting. (c) The requirement for reporting shall not apply to activities of a purely local nature that can reasonably be expected not to modify the weather outside of the area of operation. This exception is presently restricted to the use of lightning deflection or static discharge devices in aircraft, boats, or buildings, and to the use of small heat sources, fans, fogging devices, aircraft downwash, or sprays to prevent the occurrence of frost in tracts or fields planted with crops susceptible to frost or freeze damage. Also expected from the requirement for reporting are religious activities or other ceremonies, rites and rituals intended to modify the weather. (d) All activities noted in §§ 908.3(a) and (b) are subject to initial reporting. However, after the Administrator has received initial notification of a planned activity, he may waive some of the subsequent reporting requirements. This de-

;: ; ; ; ; ; ; ; : : : ; ; 665 cision to waive certain reporting requirements will be based on the general ac- ceptability, from a technical or scientific viewpoint, of the apparatus and tech- niques to be used. (e) Other reporting exceptions may be made in the future by rule of the Administrator. § 90S4 Initial report (a) Any person intending to engage in any weather modification project or activity in the United States shall provide a report of his intention, to be received by the Administrator at least 10 days before the commencement of such project or activity. This report shall contain at least the following (1) The designation, if any, used by the operator for the project or activity (2) The following dates for weather modification activities (i) The date the first actual weather modification activity is to be undertaken (ii) The date on which the final modification activity is expected to occur (3) The following information on persons involved with the project or activity (i) The name, affiliation, and address of the sponsor (ii) The name, affiliation, and address of the operator (4) The purpose of the project or activity (5) A map showing the approximate size and location of the target and * control areas, and the location of each item of ground-based weather modifi- cation apparatus, precipitation measuring device, and, for airborne opera- tions, the airport (6) A description of the weather modification apparatus, modification agents, and the techniques to be empolyed (7) The name and address of the responsible individual from whom log books or other records of the project or activity may be obtained (8) Answers to the following questions on project safeguards (i) Has an Environmental Impact Statement, Federal or State, been filed : Yes No If Yes, please furnish a copy as applicable. (ii) Have provisions been made to acquire the latest forecasts, ad- visories, warnings, etc. of the National Weather Service, Forest Service, or others when issued prior to and during operations? Yes No If Yes, please specify on a separate sheet. (ii) Have any safety procedures (operational constraints, provisions for suspension of operations, monitoring methods, etc. ) and any environ- mental guidelines (related to the possible effects of the operations) been included in the operational plans? Yes No If Yes, please furnish copies or a description of the specific procedures and guidelines and (9) Optional remarks, to include any additional items which the person deems significant or of interest and such other information as the Admini- strator may request the person to submit. (b) If circumstances prevent the signing of a contract or agreement to per- form, or receipt of an authorization to proceed with, a weather modification activity at a date early enough to comply with paragraph (a) of this section, the initial report shall be provided so as to be received by the Administrator within 10 days of the date of signing of the contract or agreement, or receipt of authori- zation to proceed. In such cases, the report shall be accompanied by an explana- tion as to why it was not submitted at least 10 days prior to the commencement of the activity. (c) In the event that circumstances beyond the control of the person liable to report under these regulations prevent the submission of the initial report in a timely manner as described above, the report shall be forwarded as early as possible, accompanied by an explanation as to why a timely report has not been provided. If such explanation is deemed adequate, the Administrator will con- sider the report as timely filed. § 908.5 Interim reports (a) Any person engaged in a weather modification project or activity in the United States on January 1 in any year shall submit to the Administrator, not later than 45 days thereafter, an interim report setting forth as of such date the information required below with respect to any such continuing project or ac-

. : : ; ; 666 tivity not previously furnished to the Administrator in a prior interim report; provided that the January 1 date shall not apply if other arrangements have previously been made with the written approval of the Administrator. (b) The interim report shall include the file number assigned by the Admini- strator and shall provide a summary of the project or activity containing at least the following information for each month : (1) Number of days on which actual modification activities took place; (2) Number of days on which weather modification activities were con- ducted, segregated by each of the major purposes of the activities (3) Number of modification missions that were carried out (4) Total number of hours of operation of each type of weather modifica- tion apparatus (i.e., net hours of agent release) ; (5) Total amount of agent used. If more than one agent was used, each should be totaled separately (e.g., carbon dioxide, sodium chloride, urea, silver iodide). (c) The totals for the items in paragraph (b) of this section shall be provided for the period covered by the interim report. §908.6 Final report Upon completion of a weather modification project or activity the person who performed the same shall submit a report to the Administrator not later than 45 days after completion of the project or activity. The report shall include the file number assigned by the Administrator and the following items : (a) Information required for the interim reports (to the extent not previously reported ) (b) The total number of days on which actual modification activities took place during the project or activity. (c) The total number of days during the project or activity on which weather modification activities were conducted, segregated by each of the major purposes of the activities. (d) The total number of modification missions that were carried out under the project or activity. (e) The total number of hours of operation of each type of weather modification apparatus during the project or activity (i.e., net hours of agent release). (f) The total amount of modification agent (s) dispensed during the project or activity. If more than one agent was used, each should be be totaled separately (e.g., carbon dioxide, sodium chloride, urea, silver iodide). (g) The date on which the final weather modification activity occurred. § 908.7 Supplemental reports Notwithstanding other regulations, a supplemental report in letter form re- ferring to the appropriate NOAA file number, if assigned, must be made to the Administrator immediately if any report of weather modification activities sub- mitted under § 908.4, § 908.5, or § 908.6 is found to contain any material inac- curacies, misstatements, and omissions. A supplemental report must also be made if there are changes in plans for the project or activity. § 908.8 Maintenance of records (a) Any person engaging in a weather modification activity in the United States shall maintain a record of such activity. This record shall contain at least the following, when applicable (1) A chronological record of activities carried on, preferably in the form of a daily log, which shall include the NOAA file number assigned to the pro- ject, the designation of each unit of weather modification apparatus, and at least the following information for each unit (i ) Date of the weather modification activity. (ii) Position of each aircraft or location of each item of weather modi- fication apparatus during each modification mission. Maps may be used. (iii) Time when weather modification activity began and ended. (iv) Total duration of operation of each unit of weather modification apparatus (i.e., net hours of agent release). ( v ) Type of each modification agent used. (vi) Rate of dispersal of each agent during the period of actual opera- tion of weather modification apparatus. (vii) Total amount of agent used. If more than one agent was used, report total for each type separately. (viii) Number of days on which weather modification activities were conducted, segregated by each of the major purposes of the activities.