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Now in aiding this committee in arriving at a judgment as to what is 

 the legislative history, I personally feel that the Fish and Wildlife 

 Coordination Act is still in ejffect. But I am apprehensive here because 

 we see possibly a situation where we might be amending or repealing 

 or altering Fish and Wildlife Coordination Act, and I seek your 

 counsel and guidance on this particular point. 



Mr. LoESCH. Well, of course out of my own head, Mr. Chairman, 

 I am probably not competent to say. But I did take the precaution be- 

 fore coming before you, to discuss this matter with our legislative 

 counsel, and legislative counsel advises me that it is his opinion that 

 this act in no way impinges on the other act, the Coordination Act, 

 and that in effect what this act will do is to require a permit from EPA 

 for any dumping at all, even if it were dumping that wouldn't have 

 been within our purview under the Coordination Act. 



And they still will have to get the permits for us, under the Co- 

 ordination Act. Isn't that correct ? 



Mr. LiNDUSKA. Yes. 



Mr. DiNGELL. This is a matter to which the committee is going to 

 have to address its very careful attention, and we will have to clarify 

 this matter with some care, either in the report or, I suspect, in the 

 fundamental legislation, by indiciating that the section shall not be 

 construed as amending, altering, and so forth, the requirements of the 

 Fish and Wildlife Coordination Act. 



The Chair is going to recognize our able counsel, Mr. Everett. 



Mr. Everett? 



Mr. LoEscH. May I comment, Mr. Chairman. 



Mr. DiNGELL. Certainly. 



Mr. LoESCH. That certainly for my part, and Dr. Linduska concurs, 

 I think we would have no possible objection to the addition of such a 

 section. 



Mr. DiNGELL. I think that is wise counsel, and I suspect that most 

 of the Government agencies who are terribly attuned to the public 

 interest would view it the same way you do. 



Mr. Everett? 



Dr. Linduska. Mr. Chairman, if I may make an observation. 



Mr. DiNGELL. Certainly. 



Dr. Linduska. I think there is one difference between the problem 

 of ocean dumping as compared with our work with the Corps of 

 Engineers on dredge-fill permits. There is no question that the Coor- 

 dination Act is a tight document, and we have substantial powers 

 under that act to veto projects in the field, and they are subject to 

 appeal at departmental level, if they can't be resolved in the field. 



But I would remind you that this type of activity represents an 

 individual case in each instance, each one is different. There is a need 

 to judge and rule on the basis of individual applications. But I think 

 with the establishment of criteria, in connection with ocean dumping, 

 we will have satisfied that need in large measure and from there on, 

 the passing on individual permits will be almost of a perfunctory na- 

 ture, there will be guidelines to follow. 



I think there is a substantial difference in the type of problem that 

 we are dealing with here. 



