359 



As the problems of water pollution and maintenance of water quality became 

 of increasing concern, they have become significant factors in the evaluation 

 of permit applications. The regulations of the Chief or Engineers governing 

 Issuance of permits now include requirements for evaluation of effects of the 

 proposed Federal and non-Federal works, including disposal of dredged material, 

 not only on navigation but also on fish and wildlife, water quality, pollution, 

 conservation, aesthetics, ecology and other environmental factors. We wish to 

 point out that the policy and practice of the Corps of Engineers of evaluating 

 many of the foregoing factors were initiated -prior to the enactment of the 

 National Environmental Policy Act of 1969, approved by the President January 1, 

 1970 (Public Law 91-190). This Act has served to confirm the policy and prac- 

 tices of the Corps of Engineers of giving due weight to the preservation and 

 enhancement of the quality of the environment in connection with the considera- 

 tion of applications for permits for dredging, filling, erection of structures or 

 depositing of refuse in navigable waters. Accordingly, the enactment of the 

 National Environmental Policy Act is regarded as a strong affirmation of the 

 administrative policy of the Chief of Engineers. 



We wish to point out that section 123(a) of the River and Harbor Act of 

 1970 (Public Law 91-611) approved by the President December 31, 1970 provides 

 that with respect to the Great Lakes and their connecting channels "the Secre- 

 tary of the Army, acting through the Chief of Engineers, is authorized to con- 

 struct, operate, and maintain * * * contained spoil disposal facilities of sufficient 

 capacity for a period not to exceed ten years," and that "before establishing each 

 such facility, the Secretary of the Army shall obtain the concurrence of appro- 

 priate local governments and shall consider the views and recommendations of 

 the Administrator of the Environmental Protection Agency and shall comply 

 with the requirements of section 21 of the Federal Water Pollution Control Act, 

 and of the National Environmental Policy Act of 1969." Subsection (b) provides 

 that the "Secretary of the Army, acting through the Chief of Engineers, shall 

 establish the contained spoil disposal facilities authorized in subsection (a) at 

 the earliest practicable date, taking into consideration the views and recommen- 

 dations of the Administrator of the Environmental Protection Agency as to those 

 areas which, in the Administrator's judgment, are most urgently in need of such 

 facilities and pursuant to the requirements of the National Environmental Policy 

 Act of 1969 and the Federal Water Pollution Control Act." 



In addition, subsection (i) of section 123 of the River and Harbor Act of 1970 

 stipulates that "the Chief of Engineers, under the direction of the Secretary of 

 the Army, is hereby authorized to extend to all navigable waters, connecting 

 channels, tributary streams, other waters of the United States and waters 

 contiguous to the United States, a comprehensive program of research, study, and 

 experimentation relating to dredged spoil. This program shall be carried out in 

 cooperation with other Federal and State agencies, and shall include, but not 

 be limited to, investigations on the characteristics of dredged spoil, and alter- 

 native methods of its disposal. To the extent that such study shall include the 

 effects of such dredge spoil on water quality, the facilities and personnel of the 

 Environmental Protection Agency shall be utilized." 



Accordingly, in view of the above provisions of section 123 (i) of the River 

 and Harbor Act of 1970, and for reasons set forth in this statement, the American 

 Institute of Merchant Shipping strongly urges that H.R. 4723 be amended to 

 provide that the authority to issue permits for the transportation and disposal 

 of dredged material resulting from waterway improvement projects shall be 

 retained by the Secretary of the Army, acting through the Chief of Engineers, 

 taking into consideration the views and recommendations of the Administrator 

 of the Environmental Protection Agency in respect to criteria and guidelines 

 to be followed in the seltcion of disposal areas. 



Legislation similiar to that contained in section 123(a) and (b) for the Great 

 Lakes should also be enacted to authorize the Secretary of the Army, acting 

 through the Chief of Engineers, to construct, operate and maintain contained 

 land spoil disposal facilities on other U.S. waterways, taking into consideration 

 the views and recommendations of the EPA Administrator. 



Our proposal for retention of the permit authority in the Secretary of the Army 

 and Chief of Engineers is in accord with the delegation of authority made by the 

 President himself to the Secretary of the Army in Executive Order 11574 issued 

 under date of December 23, and published in the Federal Register of December 25, 

 1970. Under the terms of this Executive Order, the President specifically dele- 

 gated to the Secretary of the Army the authority to administer the permit pro- 



