446 



responsibility up, it would be more difficult to get consistent treatment 

 for dumping of material in the ocean. 



Mr. DiNGELL. This would refer also to estuaries, bays, salt marshes, 

 and also to the Great Lakes, which is a matter we have not discussed, 

 which I hope we will be able to address ourselves to a little later. 



Thank you, Mr. Everett. 



Mr. Everett. Does the certification requirement in effect give you 

 veto authority over this type of permit that would be issued by the 

 corps ? 



Mr. RucKELSHAUs. That is right. They could not issue a permit 

 without the certification from us. 



Mr. DiNGELL. Mr. Ruckelshaus, for the purposes at this point, I 

 think it would be useful for you to give us, for the record, a statement. 



Does this bill in any way amend or alter the Fish and Wildlife 

 Coordination Act ? 



Mr. EucKELSHATjs. No, it does not. 



Mr. DiNGELL. Does the bill in any way amend the requirements of the 

 National Environmental Policy Act, particularly section 102 ? 



Mr. Ruckelshaus. No, it does not. 



Mr. DiNGELL. Does it in any fashion at all change or amend the 

 agreement and imderstanding between the Corps of Engineers and 

 and the Interior Department, which has just been reviewed by the 

 Supreme Court in Zahze v. Tabh where they said they would con- 

 sider questions regarding fish and wildlife in issuing permits of this 

 kind? 



Mr. Ruckelshaus. I am not familiar with that case. I would have to 

 defer that answer. 



Mr. Dingell. I will see to it that the precise title of the case is made 

 available to you, and you may submit the additional information to us. 



Brief!}", the Corps and Interior Department made an agreement 

 which said that the corps would condition dredge and fill permits on 

 consideration of 50-mile values. 



This was challenged in the courts and was reviewed up in the 

 Supreme Court, and the agreement was upheld, it Avas held that the 

 corps agreement was proper, rather than Interior Department, and 

 that in light of the Coordination Act and in light of the National En- 

 vironmental Policy Act, these matters could be appropria,te condition- 

 ing defaces to dredge and fill permits issued by the corps. 



After you have had a chance to review that more carefully, we would 

 like your guidance on that. 



(The information follows:) 



H.R. 4247 Effect On Memorandum of Undeestanding 



T'his Memorandum of Understanding deals with consultations between the 

 Department of the Interior and the Department of the Army on fish and wildlife, 

 recreation, and water pollution problems associated with dredging, filling and 

 excavation operations conducted under permits issued under the Rivers and 

 Harbors Act of 1899. H.R. 4247 would have no effect on this Memorandum of 

 Understanding (although it might be pointed out that Reorganization Plan No. 3 

 of 1970, by transferring responsibility for water iwUution control from the De- 

 partment of the Interior to EPA, has narrowed the scope of application of the 



