30 



As a responsible public agency sensitive to environmental as well 

 as commercial issues, we would have gladly considered using an- 

 other option than disposal at the Mud Dump if there were any 

 available to us. There are none, certainly not because we haven't 

 tried to stimulate alternative development and certainly not be- 

 cause the Congress hasn't asked. Various legislative directives can 

 be found, as Mr. Pallone indicated, in the Water Resource Develop- 

 ment Acts of '86, '88, '90, and '92. I have included a listing of these 

 in my formal statement. 



The failure has been in the Executive Branch. First on the per- 

 mitting issue, the Corps, the EPA, NMFS, and the Fish and Wild- 

 life Service rely on a set of complex memoranda of agreements to 

 address their concerns. They find it convenient to address the 

 issues one at a time. This is a linear, drawn-out process. There is a 

 need for parallel action to expedite the process. Also, decisions 

 have to be made promptly. What is required is a policy guidance — 

 a clear mandate that the law and regulations are to be implement- 

 ed in an impartial manner with fast decisionmaking. 



Second, with regard to disposal options, we have not as an au- 

 thority sat idly by. While we have participated in the Federal long- 

 term management strategy program, a 12-year effort which dis- 

 cussed a range of disposal options, the report which was issued in 

 December of '89, to date the major Federal follow-up has been a 

 draft EIS on borrow-pits. But we have taken other steps enumer- 

 ated in my statement as well. 



Now, I think it is important that the Federal Government ac- 

 knowledge its role in these matters, not simply as a regulator but 

 as a major stakeholder. It is responsible for the identification of 

 polluters and assuring cleanup as well as for dredging of the Feder- 

 al channels which constitute most of the volume of material 

 dredged in our port and others. It is responsible for the U.S. econo- 

 my that depends on ships carrying cargo to and from the rest of 

 the world. It is responsible for the coastal environment that de- 

 pends on creative and protective management of its natural re- 

 sources. It must commit sufficient resources to assure adequate 

 staffing and funding are available to the Federal agencies. 



And, lastly, Mr. Chairman, it is time for all of us to move on to 

 develop intermediate and longer-term solutions based on scientific 

 research and assessed against environmental and economic criteria 

 which the public must understand and support. We are prepared to 

 participate fully. We need the Federal and State governments and 

 the environmental community to commit to do the same. Thank 

 you. 



[The prepared statement of Ms. Liburdi can be found at the end 

 of the hearing.] 



Mr. Green. Ms. Clark. 



STATEMENT OF SARAH CLARK, STAFF SCIENTIST, 

 ENVIRONMENTAL DEFENSE FUND, INC. 



Ms. Clark. Good afternoon, Mr. Chairman, and members of the 

 subcommittee. My name is Sarah Clark, and I am a staff scientist 

 with the Environmental Defense Fund. I thank you for asking me 

 to testify before you today. I am speaking on behalf of the Environ- 



