370 



Mr. Cone. "Wliich states that ; 



After the effective date of this Act, no Federal license or permit shall be issued 

 under the authority of the Rivers and Harbors Act of 1899, to conduct any 

 activity otherwise regulated by Section 4 of this Act and the regulations issued 

 hereunder — 



and so forth and so on. 



Mr. HJETWARD. This says, "No Federal license or permit shall be 

 issued under the authority of the Rivers and Harbors Act of 1899." 



I am trying to get to what section of the Rivers and Harbors Act 

 of 1899 are we talking about. 



It is my impression that what we are talking about is section 419 

 of title 33. If we can narrow our attention to that, I think we could 

 come up with 



Mr. Cone. You say 419 ? 



Mr. Heyward. It is subsection (d) of section 11. 



Mr. Cone. That is true. 419 of title 33 is applicable. 



Mr. Hetward. That is the one under which I believe the Secretary 

 of the Army is authorized to prescribe regulations concerning the 

 dumping of dredging. 



Mr. Cone. That is ri^ht. 



Mr. Heywakd. Kow, if that is so, would you take a look at the second 

 part of that, "whenever in his judgment such regulations are required 

 in the interest of navigation." 



Does that mean he does not have authority to issue regulations unless 

 he finds it necessary in the interest of navigation ? 



I am not challenging your thesis, Mr. Reynolds, but I am trying to 

 clarify what this bill is doing to the present law. 



Mr. Reynolds. I appreciate that thoroughly. 



Mr. Heyward. Maybe in pursumg your thesis, this bill needs some 

 positive authority. If the committee accepted your thesis, to give the 

 Engineers certain definite authority, but I am not sure in what you 

 are saying, in merely not repealing some of these things, that you are 

 really doing what you want to do, because I point out that under this 

 act, depending on what you mean by "waters adjacent thereto," or what 

 Congress meant, the Engineers do not now have general authority in 

 the ocean dumping field beyond the navigable waters, except to the 

 extent that their protection of waters on the Outer Continental Shelf 

 gives them the authority in comiection with the navigational protection 

 and permit for construction. 



But in some of those cases do I see authority in the dumping field, 

 and this is what concerns me. 



jMr. Reynolds. I see your point, because 419 only refers to the 

 ]la^'igable waters or waters adjacent thereto. It does not get into 

 contiguous waters. 



Mr. Heyavard. In connection with the EPA authority under this 

 act, which requires the administrator to consult with the Secretary of 

 the Army, and no permit shall be issued if the Secretary of the Army 

 determines that navigation will be unreasonably impaired, does that 

 not protect what 419 authorized the Secretary of the Army to do, to 

 protect navigation ? 



Mr. Reynolds. I question that that would do it. 



