2l4 



don't hsLve the time. The business of rewriting international treaties is 

 a time-consuming one and in my opinion, this approach is cumbersome 

 and unnecessary in order to establish the necessary jurisdiction to con- 

 trol ocean pollution. 



(Y) Adequate research and development funds should be available 

 to help establish land-based waste disposal technology and facilities. 

 I urge this committee to investigate whether existing Federal grant 

 and loan programs are adequate to meet the needs for the transition 

 from ocean disposal to land-based disposal of wastes. If it is deter- 

 mined that exising programs are inadequate, I will support new or 

 increased appropriations for this purpose. 



(8) New jurisdiction is needed to deal with ocean dumping. This is 

 my final point, Mr. Ghaimian. It is one with which I am completely 

 familiar because the matter of U.S. jurisdiction was the crux of my 

 U.S. district court suits on ocean pollution. 



Academically, I feel the Federal Go^^emment does now have a form 

 of jurisdiction over ocean pollution. It is based on the concept that in 

 our Federal Union, every State is expected to exercise reasonable, 

 regard for the health and welfare of the people of every other State. 

 I have maintained in >court that the loading, transporting, and dump- 

 ing of certain pollutants constitutes a threat to the health and welfare 

 of certain of our citizens. 



The fact is, however, this case has not yet been argued to a decision 

 in the courts. In both civil actions I initiated this year on ocean pollu- 

 tion, the defendants consented to the restraints I requested rather than 

 to contest the jurisdiction upon which I based my cases. But I know 

 from years of courtroom experience what raised eyebrows on the part 

 of the presiding judge means. At best, Mr. Chairman, our current jur- 

 isdiction to control dumping beyond 3 miles is highly questionable. At 

 worst, it doesn't exist. 



In my bill (H.R. 1661) therefore, I propose that Congress establish 

 controls Avhere we now have jurisdiction without question ; namely at 

 the loading docks and ports of the Nation. To load any vessel with 

 waste material intended for ocean dumping, the permit I have previ- 

 ously mentioned must be obtained. 



Armed with this new jurisdiction, Mr. Chairman, and with the in- 

 creased surveillance and minimum dumping distance required under 

 tlie permit system I have proposed, this Nation can finally proceed to 

 clean up and strive to protect forever our precious marine and coastal 

 environment. 



Mr. Sandman. Very basically, I think the most important thing we 

 haA^e to accomplish, Mr. Chairman, and the biggest obstacle we have 

 is time. 



We do not have time to lose in establishing a law that is going to give 

 us some teeth by which we can control the promiscuous dumping in the 

 ocean outside the 3 -mile limit. 



I feel that the only kind of measure that we can pass, and pass with 

 dispatch, will be a bill such as the one I have introduced. Other mem- 

 bers have introduced the same kind of bill in both the House and the 

 Serate. 



My bill is known as H.R. 1661, and it requires any person or com- 

 pany who is moving any kind of substance, any kind of waste substance,, 



