270 



views and he shall include his analysis thereof, for the purpose of obtaining the 

 Department of Interior's comments prior to final determination of the issues. 



6. In those eases where the Chief of Engineers and the Under Secretary are 

 unable to resolve the remaining issues, the cases will be referred to the Secretary 

 of the Army for decision in consultation with the Secretary of the Interior. 



7. If in the course of operations within this understanding, either Secretary 

 finds its terms in need of modification, he may notify the other of the nature of the 

 desired changes. In that event the Secretaries shall within 90 days negotiate such 

 amendment as is considered desirable or may agree upon termination of this 

 understanding at the end of the period. 



(S) Stewart L. Udall, 

 Secretary of the Interior. 

 July 13, 1967. 



(S) Stanley Resor, 

 Secretary of the Army. 

 July 13, 1967. 



Mr. DiNGELL. The Chair regards that as very important, because 

 the Chair is very interested in observing with some care, one, whether 

 the Fish and Wildlife Coordination Act is in any way amended, 

 altered, or repealed by the legislation before us, and two, whether or 

 not the memorandum of agreement would in any way be affected, 

 altered, superseded, or changed by the legislation that is before us. 



Are you able to give us your interpretation of whether or not the 

 legislation before us, specifically the administration's bill, or identical 

 measures, would in any fashion alter or amend or change, first of all, 

 the Fish and Wildlife Coordination Act? 



Mr. LoESCH. The legislative counsel of the Department advises me, 

 Mr. Chairman, that it will not. 



Mr. DiNGELL. In no fashion whatsoever? 



Mr. LoESCH. In no way. Am I correct ? 



Dr. LiNDusKA. That is correct. 



Mr. DiNGELL. Now can you give us your understanding of the 

 impact of this legislation on the agreement between the Fish and Wild- 

 life and the Interior Department on the one side, and the Department 

 of the Army Corps of Engineers on the other regarding dumping, 

 dredging, and filling ? 



Or is it your impression that that legislation as construed by the 

 Boca Ciega case, carried forward, unimpeded, unimpaired, and unaf- 

 fected under the legislation before us, under the new kind of permit 

 which would be issued by EPA for similar ocean dumpings ? 



Mr. LoEscH. Yes, it is my impression, Mr. Chairman, that the old 

 agreement, the agreement we have, would remain in full force and 

 effect without alteration. 



Dr. Linduska, do you have a comment? 



Dr. Linduska. We have had no reason to believe it would be changed 

 in any way, up to this point, Mr. Chairman. 



Mr. DiNGELL. Very well. The Chair is going to direct the staff to see 

 to it that the Supreme Court case, it finally deciding the Boca Ciega 

 case, be inserted in the record at this point, so as to make very clear 

 Drecisely the case, the agreement, and the statute to which you and I 

 have been allowed in our colloquy at this time, for purposes of estab- 

 lishing a firm and a hard and very clear legislative record. 



(The document follows:) 



