203 



this section to designate areas for oyster cultivation. While H.R. 4723 would also 

 apply, the Administrator could use the authority of subsection 5(e) to issue gen- 

 eral permits for "dumping" oysters and supporting material in the areas so desig- 

 nated. 



Mr. E\^EKETT. Mr. Train, if you would provide for the record, par- 

 ticularly at the bottom of page 13, just what section 11(a), which 

 relates to a portion of the 1899 act, and subsection (e) relate to, it would 

 be most helpful, and that I would appreciate. 



Now, with respect to the 1905 act, I am concerned about the areas 

 that are set aside for oyster cultivation, under section 4 of the 1905 

 act, and I am wondering what this particular language in the bill 

 would have on that public law. Also with respect to the N.Y. Harbor, 

 Hampton Eoads Harbor law I note that one of the provisions that 

 law has a rinders fee in it. 



I am going to ask you what your thinking is on how eilective that 

 finders fee provision has been ? 



Mr. Train. I do not really know how well that has been working. 



Of course, for the finders fee under the 1899 Refuse Act, I cannot 

 answer your question. 



I do not know whether that has proven to be an effective device or 

 not. 



Mr. E^^RETT. After you have had a chance to reflect on that also, I 

 wish you would give the committee the benefit of your thoughts. 



Could you do that for us ? 



Mr. Train. I would be most happy to. 



(Answer follows :) 



We do not advocate adapting to this bill an informer's fee similar to that 

 found in Section 16 of the Rivers and Harbors Act of 1899. Problems have arisen 

 with administration of Section 16, see United States v. Transit Mix Concrete 

 Corp., 2 E.R.O. 1074 (S.D. N.Y. 1970), and we would prefer to rely on other ave- 

 nues for citizen participation in administration of an ocean dumping regulatory 

 statute. For example, we believe that citizens and citizen groups are most likely 

 to be helpful in reviewing criteria and in commenting on individual applications 

 for a dumping permit. We have also gone on record as favoring citizen suit pro- 

 visions analogous to Section 304 of the Clean Air Act as "an important comple- 

 ment to Federal enforcement efforts where Federal environmental standards 

 and procedures have been established.'' 



Mr. E^'erett. Also, would you provide, somebody has to do it for 

 us, the estimated cost of this legislation ? 



If you would also submit that for the record, I would greatly ap- 

 preciate it. 



I think one of the requirements ought to be what you anticipate for 

 the next 5 years if the legislation were enacted, what would be the cost 

 to the Goverimient? 



Mr. Tkaix. We do have those estimates. We will be glad to provide 

 those. 



Mr, DuPoNT. I would like that also to include enforcement from the 

 Coast Guard point of view. 



Mr. Train. Yes ; that will be included. 



Mr. DiNGELL. That is an admirable suggestion, because I am appre- 

 hensive with the limited resources the Coast Guard has at this fim.e 

 to carry out its responsibilities, whether it would take on any addi- 

 tional chores like chasing ocean dumpers. 



(Answer follows : ) 



Our estimate of the cost both of administering the permit system and of de- 

 veloping and using alternate disposal means to ocean dumping were made at or 



