447 



Memorandum). Subsection 7(c) (2) of H.R. 4247 would require consultations be- 

 tween the Department of the Army and EPA in addition to the consultations 

 between the Department of the Army and the Department of the Interior re- 

 quired by the Memorandum of Understanding. 



Mr. Everett. Mr. Ruckelshaus, how will this act affect applications 

 and permits that have already been approved ? 



I notice the act takes effect 6 months after its effective date. How will 

 this affect projects underway, or applications that have been approved 

 by previous agencies ? 



Mr. Ruckelshaus. It would not affect them at all, unless there were 

 some dumping that was going to occur after the effective date of the 

 act. So if you had a dredge and fill permit that had been issued, unless 

 there was some violation of the act itself, it would not affect that par- 

 ticular permit, although it is conceivable to me that there may have 

 been a dredge and fill permit authorized in which we were dumping 

 polluted dredges in some sections of the ocean which seemed to be 

 inadvisable, where we would ask them to get a permit to do that, or 

 ask them to go through this procedure. 



I think once the act took effect, that it would impact any dum.ping 

 that occurred after that, and, if a permit were issued for a dredge and 

 fill that covered several months, or even years, then at that point, when 

 the act took effect, there would have to be some control over that 

 continued dumping. 



Mr. Everett. Mr. Ruckelshaus, there has been some concern ex- 

 pressed by port authorities that maybe industrial and economic devel- 

 opment considerations would not be taken into account as much so as 

 they would under the National Estuarine Act and the National En- 

 Tironmental Policy Act. 



I don't find too much language in the bill that relates to that. Are 

 you going to take all of these considerations in mind when you con- 

 sider where a dumping should take place, or if it should take place 

 at all? 



Mr. Ruckelshaus. What specific kinds of considerations ? 



Mr. Everett. Under the National Environmental Policy Act, all 

 Federal agencies shall carry out their responsibilities in such way as 

 to achieve a balance between population growth, urbanization, indus- 

 trialization, and resource use, in order to attain the widest range of 

 beneficial uses of the environment without degradation to health, 

 safety, or other consequences. 



Mr. Ruckelshaus. "Well, of course, we will carry out the provisions 

 of the National Environmental Policy Act, and any other act of 

 Congress. 



Mr. Everett. And to create or maintain conditions under which 

 man can exist in harmony and fulfill social and economic requirements 

 of present and future generations. 



Under the National Estuarine Act, it likewise requires similar con- 

 sideration, that the estuaries will be utilized in such a manner that 

 balance will be maintained between the national need to protect such 

 areas in the interest of conservation and the need to develop these 

 estuaries to further growth and development. 



