363 



Generally speaking, under existing laws and regulations, all dredg- 

 ing, filling, erection of structures, 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. 



This delegation of this permit authority to the Clr'ef of Engineers 

 and the Secretary of the Army had its origin in the act of June 29, 

 1888. The permit authority was considerably enlarged and extended 

 with the act of March 3, 1899. 



Therefore, the corps has been exercising this permit authority for a 

 period of 88 years, and has certainly acquired extensive experience and 

 expertise in this area. 



For many years the Corps of Engineers administered its authority 

 to issue permits taking into consideration only the effect of the pro- 

 posed work on navigation. 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. 



As the problems of water pollution and maintenance of water qual- 

 ity became of increasing concern, they have become significant factors 

 in the evaluation of permit applications. The regulations of the Chief 

 of 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 na^vigation 

 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 practices of the Corps 

 of Engineers of giving due weight to the preservation and enhance- 

 ment of the quality of the environment in connection with the con- 

 sideration 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 Decem- 

 ber 31, 1970, provides that with respect to the Great Lakes and their 

 connecting channels : 



The Secretary of the Army, acting through the Chief of Engineers, is author- 

 ized to construct, 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 appropriate local governments and shall consider the views 

 and recommendations of the Administrator of the Environmental Protection 

 Agency and shall comply vrith the requirements of section 21 of the Federal 

 Water Pollution Control Act, and of the National Environmental Policy Act of 

 1969. 



