358 



material by any person from any source if the dumping occurs in waters over 

 wliieh tbe United States has jurisdiction." 



At the outset I wish to state that the AIMS and its members companies whole- 

 heartedly support the above policy and purpose of H.R. 4723 and it is our desire 

 to cooperate in the accomplishment of this policy and purpose. In order to accomr 

 plish this policy and purpose, H.R. 4723 would transfer from the Secretary of the 

 Army and Chief of Engineers of the Department of the Army to the Administrator 

 of the Environmental Protection Agency the authority to issue permits for the 

 (1) transportation of material from the United States for dumping in the oceans^ 

 coastal and other waters and (2) dumping of material in ocean, coastal and 

 other waters which are within the territorial jurisdiction of the United States 

 i.e. within the three mile limit, except as provided in 33 USO 441. The term 

 "material" is defined in section 3(e) of the bill to mean among other things 

 dredged spoil, rock and sand which result from deepening and widening the 

 nation's waterways. 



For about 147 years the U.S. Army Corps of Engineers has, since 1824, studied, 

 investigated, recommended, constrvicted and maintained waterway improvement 

 projects authorized by Congress and the President. Needless to say, the Corps 

 of Engineers has acquired a great amount of knowledge, understanding and 

 expei-ience during this period of time in respect to determining suitable, economi- 

 cal and safe areas for the disposal of dredged material resulting from waterway 

 improvements. Under the terms of H.R. 4723, however, the Secretary of the Army 

 and Chief of Engineers could no longer make the foregoing determination with 

 respect to disposal of dredged material. This determination would be made by 

 the Administrator of the EPA and the Secretary of the Army and Chief of Engi- 

 neers would be required to obtain a permit from the EPA Administrator for 

 disposal of such dredged material at locations to be determined by the EPA 

 Administrator. 



The American Institute of Merchant Shipping is unalterably opposed to the 

 transfer of the permit authority from the Secretary of the Army and Chief of 

 Engineers to the Administrator of the EPA for the above purpose. We do not 

 believe this transfer of the permit authority is necessary to achieve the policy 

 and purpose set forth in H.R. 4723. 



As you probably know, one of the major activities of AIMS is the initiation 

 and accomplishment of navigation improvements in Federal channels in U.S. 

 ports and waterways to more adequately accommodate large vessels, particualrly 

 by tankers, dry bulk carriers, container sliips, LASH (Lighter Aboard Ship) and 

 Seabee ships. The deepening of channels enable these vessels to increase their 

 cargo-carrying capacity and revenue earning capability, thereby achieving reduc- 

 tions in transportation costs. It is a well known fact that the cost of transpor- 

 tation is an important factor in determining the price of goods to consumers. 

 Therefore, an increase or decrease in the transportation cost has a corresponding 

 effect upon the consumer price structure. 



The planning, construction and maintenance of the extensive and excellent sys- 

 tem of waterways serving the transportation requirements of our country is a 

 result of the expert and dedicated work which the Corps of Engineers has 

 performed since 1824. The entire nation owes a great debt of gratitude for the fine 

 job they have done and are still doing. For this reason. AIMS urges that no action 

 be taken which would interfere with or delay the continued progress of the 

 waterway improvement program under the direction of the Army Engineers. 



Generally speaking, under existing laws and regulations all dredging, filling, 

 erection of structures and depositing of refuse in the navigable waters of the 

 United States is permitted only when recommended by the Chief of Engineers 

 and authorized by the Secretary of the Army through issuance of a permit. The 

 delegation of this permit authority to the Chief of Engineers and Secretary of the 

 Army had its origin in the Act of June 29, 1888. The permit authority was consid- 

 erably enlarged and etxended by the Act of March 3, 1899. The Corps of Engineers 

 has therefore been exercising this permit authority for a period of 83 years and 

 has acquired extensive experience and expertise in this area which is indispen- 

 sible to the administration of the permit authority. 



For many years the Corps of Engineers administered its authority to issue 

 permits taking into consideration only the effect of the proposed work on naviga- 

 tion. However, following the enactment of the Fish and Wildlife Coordination 

 Act of 1956, consideration given by the Corps of Engineers in connection with 

 permit applications was extended to include the impact of proposed waterway 

 improvements and deposits on fish and wildlife. 



