371. 



Indeed, he has the responsibility to consult with the Secretary of 

 the Army to determine that there will be no impairment of the stream 

 for navigation, but I think that is quite another matter, is it not? 



Mr. Heyward. I agree with you, but I am suggesting that perhaps 

 confining your testimony here today to authorize the Secretary of the 

 Army to issue certain permits, that perhaps you might be ready to' 

 recommend some specific language other than these general repealers, 

 and accept some whereases that we are faced with in section Y and 

 section 11. 



I don't know about the committee, but it is very confusing to me. 



Mr. Cone. This section 419 that you just mentioned, under that 

 section the Army issues permits to applicants who want to dredge a 

 private channel. Tliey are all required to make applications for a 

 permit. 



Mr. Heyward. I think his authority imder excavations you will 

 find over in section 10 of the Rivers and Harbors Act is not disturbed 

 by this legislation. That is section 403 of title 33. 



Mr. Cone. Do you mean to imply that this bill does not withdraw 

 from the Secretary of the Army the right to determine where channels 

 shall be dredged, or the dredged spoil shall be put? 



Mr. Hetward. T mean that this bill, in my opinion, does not affect 

 the Secretary of the Army's authority to regulate any tpe of con- 

 struction, dredging, or any other public works in the navigable waters 

 of the United States. 



The question that comes to my mind is whether or not it is super- 

 seding something that the Army presently has in connection with 

 deposit of the results of the dredging, which is a different matter, 

 wliich should be retained by the Army. 



I am not implying anything, Mr. Cone. I am asking for your expert 

 testimony to straighten out some of my confusion. 



Mr. Cone. The Army Engineers at the present time determines 

 where the dredge spoil from the channel improvement which they are 

 dredging is to be put. 



Mr. Dingell. Yes, but this is subject to the fact they only have it in 

 navigable waters of the United States. This is subject to the fact that 

 it is highly doubtful whether the corps has jurisdiction over dumping 

 or transporting for the purpose of dumping on the high seas outside 

 the 3-mile limit, or outside the 12-mile limit, depending on how far one 

 may interpret the navigable waters of the United States to extend. 



Mr. Cone. They do have authority to determine dumping outside 

 tlie 3-mile limit in three areas only. That is New York, Baltimore, and 

 Norfolk. 



Mr. Dingell. And that is all ? 



Mr. Cone. That is all. In those cases, I forget the section number, 

 but the supervisor of the harbor can extend the jurisdiction out into 

 the ocean. 



]VIr. DinOtEll. But as Captain Heyward has indicated, they have 

 never issued a permit in those areas for dumping of 



Mr. Cone. They don't have to issue the permits to themselves, 

 becRuse they are doing the dredging, the Army Engineers are doing 

 the dredgina:. 



