303 



Government Operations. Although this perhaps Incks 

 traditional sLanning of legi.slalive history, it certainly 

 has relevance somewhat comparable to an Executive 

 Commission Report. On March 17, lf^70, it approved 

 and adopted a Report,^^ based on a study made by 

 its Conservation and Natural Resources Subcommit- 

 tee, entitled Our V/aters and Wetlands: Hoio the Corps 

 of Engineers Can Help Prevent Their Destruction and 

 Pollution. (H. Rep. No. 91-917, 91sl Cong. 2d Sess. 

 (1970) ) Tiie fir.st section stifles any doubt as to how 

 this part of Congress construes the Corps' duty under 

 the Rivers and Harbors Act. Ths section traces the 

 historical interpretation of the Corps' power under the 

 Rivers and Harbors Act. Tt commends the Corps for 

 recognizing ecological considerations under the Act to 

 protect against unnecessary fills and cites the instant 

 case.^^ Rut follov.'ing I'lo lo-^iper of the timc^., the re- 



26The heading of the Report reads: 



"The Corps of Engineer.-, which is charged by Con- 

 gress with the diUy to protect the nation's navigable 

 waters, should, when considering whether to approve 

 applications for landfills, dredging and other work in 

 navigable waters, increase its consideration of the ef- 

 fects which the proposed work will have, not only on 

 navigation, but also on conservation of natviral re- 

 sources, fish and wildlife, air and water quality, esthe- 

 tics, scenic view, historic sites, ecology, and other 

 public interest aspects of the waterway." 



«7 "In 1PG8, the Corps revised its regulations to state 



that the Corps, in considering an application for a per- 

 mit to fill, dredge, discliarge or deposit materials, or 

 conduct other activities affecting navigable waters, 

 will evaluate "all relevant factors, including the effect 

 of the proposed work on navigation, fish and wildlife, 

 conservation, pollution, esthetics, ecology, and the 

 general public interest." 33 CFR 209.120(d) (1).-* The 

 Corps applied this policy when it recently rejected the 



