309 



Mr. DiNGELL. Dr. Linduska, my old Daddy said, "Son, trust every- 

 one but cut the cards." And in dealing with these permit issues, I have 

 always adhered to that practice, and been much better served for it. 



Mr. Everett? 



Mr. EvERETF. Mr. Loesch, it is not clear in my mind, and I don't 

 think it has been made clear at the hearings, as to how this system 

 is going to work with respect to the Corps of Engineers' present au- 

 thority in regard to the changes that will take place. 



I wish you would have your counsel study these acts, with respect 

 to the protection of fish and wildlife resources, to see that this protec- 

 tion is not diminished. 



I understand that the Corps will continue to issue permits, in the 

 inland areas, that is, up to a certain point, where the Environmental 

 Protection Agency takes over, and then the Corps authority extends 

 seaward to the high seas ; the Environmental Protection Agency will 

 issue permits for ocean dumping, or dumping of any sort in those 

 offshore areas. 



Also, I wish your counsel would take a look at the last two pages of 

 the bill, section 11 (A), (B), (C), (D), and (E), pages 13 and 14 of 

 the bill, and give us an opinion as to what the effects of these pro- 

 visions on present law would be. 



For instance, section 20 of the 1899 act is being repealed. Section 4 

 of the 1905 act is being superseded. Section 13 of the 1899 act is being 

 superseded, insofar as it is inconsistent with this act. 



We haven't anything on the record that explains the effects of these 

 sections on these public laws with respect to fish and wildlife resources. 



I don't know whether you gentlemen have had a chance to reflect 

 on these issues, but it certainly would be helpful to have your 

 comments. 



Mr. LoESCH. No, I haven't had a chance to reflect on that, and as 

 a matter of fact, quite honestly, I don't know, for instance what sec- 

 tion 11(B) means. I don't know what it is really repealing. And 

 besides, I think it would probably be more — be better if counsel 

 responded on that, so I will try to get a response from our legislative 

 counsel. 



Mr. Everett. One of the acts, the 1905 act, has to do with the pro- 

 tection of oyster cultivation areas in some of the harbors, particularly 

 New York Harbor, and the way this amendment is written, I am not 

 sure as to what the effect would be with respect to those oyster culti- 

 vation areas. 



This is something that concerns me. 



Under section 8 of the act, the Administrator has the authority to 

 transfer his responsibility with respect to issuing permits to other 

 Federal agencies, of which the Department of Interior might be one. 



Do you have an opinion as to whether Interior will be used to imple- 

 ment some of these permits from time to time? Has any indication 

 been given to your Department that you might be given this respon- 

 sibility ? 



Mr. LoESCH. We haven't any indication on that, but I would sup- 

 pose that if a dumping proposal which would directly affect fish 

 and wildlife, and that alone, perhaps, in an area of special expertise 



