65 



Because of the scope of these programs and their impact on 

 the economy and the environment, the Army has maintained a 

 commitment to environmental research and development in support 

 of these programs since 1973. This research provides the 

 scientific base for our work with the Environmental Protection 

 Agency (EPA) to classify sediments according to contamination 

 potential and to regulate dredged material disposal in both a 

 cost-effective and environmentally responsible manner. We view 

 our R&D activities as a critical part of making informed 

 decisions affecting both the regulatory and the navigation 

 programs and will continue this strong commitment to R&D. 



Although not a panacea to the navigation dredging problem, 

 improved sediment management practices in upstream locations will 

 provide some relief. Agricultural runoff, combined sewer 

 overflows, and storm water runoff, coupled with the occasional 

 lack of compliance with existing provisions of the Clean Water 

 Act (CWA) exacerbate existing water quality problems. 

 Contaminants found in sediments that must be dredged to maintain 

 navigation most often come from the upstream industrial sources 

 or from upstream agricultural runoff. 



THE REGULATORY PROGRAM 



The Army regulatory program responsibility includes 

 authority to regulate most activities affecting the Nation's 

 waters. Dredging, the construction of structures, and other 

 types of work in navigable waters of the United States are 

 regulated pursuant to section 10 of the Rivers and Harbors Act 

 (R&HA) of 1899. Navigable waters of the United States are all 

 tidal waters, plus all other waters previously, currently, or 

 potentially capable of providing for transportation of interstate 

 commerce. The Army regulatory program also includes the 

 authority to regulate the discharge of dredged or fill material 

 into waters of the United States pursuant to section 404 of the 

 Clean Water Act (CWA) , and the transportation of dredged material 

 for the purpose of ocean disposal pursuant to section 103 of the 

 Ocean Dumping Act. My discussion of the regulatory process will 

 focus on the last two responsibilities, especially the ocean 

 disposal of dredged material. 



The objective of the federal navigation program is to 

 provide for the construction and maintenance of a safe, reliable, 

 and economically efficient navigation system within the United 

 States. Ensuring the continued viability of the federal 

 navigation system and the related non-federal facilities it 

 supports usually requires maintenance dredging and associated 

 disposal of sediments. Though the Corps dredging and disposal 

 activities on the federal system are not specifically permitted 

 under the Army's regulatory program, the same requirements to 

 protect the Nation's environment and our natural resources apply- 



