103 



Federal Power Commission, 

 Washington, D.C., April 16, 1911. 

 Combined report on H.R. 285, H.R. 805, H.R. 983, and H.R. 1095, 92d Congress, 



related bills to amend the Fish and Wildlife Coordination Act 

 Hon. Edward A. Garmatz, 



Chairman, Committee on Merchant Marine and Fisheries, House of Repi'esenta- 

 tives, Longicorth House Offlee Building, Washington, D.C. 

 Dear Mr. Chairman : In response to your requests of February 9 and Feb- 

 ruary 17, 1971, we enclose 20 copies of the report of the Federal Power Com- 

 mission on the subject bills. 



The OflBce of Management and Budget advises there is no objection to the 

 presentation of this report and, that enactment of H.R. 4723 would be in accord 

 with the program of the President. 

 Sincerely, 



John N. Nassikas, 



Chairman. 

 Federal Power Commission 



REPORT on related BILLS, H.R. 285, H.R. 805, H.R. 983, AND H.R. 1095 92D CONGRESS 



H.R. 285, A bill, "To amend the Fish and Wildlife Coordination Act to pro- 

 vide additional protection to marine and wildlife ecology by requiring the 

 designation of certain water and submerged lands areas where the depositing 

 of certain waste materials will be permitted, to authorize the establishment of 

 standards with respect to such deposits, and for other purposes." 



H.R. 805, A bill, "To amend the Fish and AVildlife Coordination Act to pro- 

 vide additional protection to marine and wildlife ecology by providing for 

 orderly regulation of dumping in the ocean, coastal, and other waters of the 

 United States." 



H.R. 983. A bill, "To amend the Fish and Wildlife Coordination Act to pro- 

 vide additional protection to marine and wildlife ecology by requiring the 

 designation of certain water and submerged lands areas where the depositing 

 of certain waste materials will be permitted, to authorize the establishment of 

 standards with respect to such deposits, and for other purposes." 



H.R. 1095, A hill, "To amend the Fish and Wildlife Coordination Act to pro- 

 vide addition?.l protection to marine and wildlife ecology by requiring the des- 

 ignation of certain water and submerged land areas where the depositing of 

 certain waste materials is prohibited, to require the establishment of stand- 

 ards with respect to such deposits in all other areas, and for other purposes." 



H.R. 285 would amend the Fish and Wildlife CiQordination Act to provide 

 additional protection to the ecology of the Nation's marine and fresh waters by 

 authorizing the Secretary of the Interior acting through the Fish and Wildlife 

 Service to designate those portions of the navigable waters of the United States, 

 of the waters above the Outer Continental Shelf, and of the submerged lands 

 relating to those waters, on which sewage, sludge, spoil or other waste can be 

 safely discharged. H.R. 285 would direct the Secretary of the Interior to estab- 

 lish standards applicable to the discharge of material within designated dis- 

 charge areas "for the pui-pose of insuring that no damage to, or loss of, any 

 wildlife or wildlife resources or pollution of the navigable waters of the United 

 States will result from such activity." The bill would also permit the States 

 to establish more stringent discharge standards. Initial designation of dis- 

 charge areas would be delayed for two years after enactment of the bill i>ending 

 completion of an investigation and study of potential discharge areas by the 

 Secretary of the Interior in cooperation with the Secretary of the Army acting 

 through the Chief of Engineers. H.R. 285 contains enforcement provisions (sub- 

 sections (g) and (k) and provides civil penalties for discharge of waste in 

 undesignated areas and for violation of applicable discharge standards (sub- 

 section (i) ). Subsection (j) provides that : 



"(J) Upon the designation of waters or submerged lands under subsection 

 (a) of this section, all licenses, permits, or authorizations which have been 

 issued by any officer or employee of the United States under authority of any 

 other provision of law shall be terminated and of no effect to the extent 



