455 



That does not mean tliait in given instances, where clearly another 

 agency is involved, and policy and statutory duty of another agency 

 is involved, we would not consult with them even on the issuance of a 

 permit. 



Mr. DiNGELL,. Would you have any objection to requiring that you 

 should consult with them on the issuance of these permits ? It is done 

 under the Coordination Act in every instance. 



Mr. RucKELSHAus. The thing that disturbs me, as apparently dis- 

 turbed Mr. duPont and some of the witnesses yesterday, is admin- 

 istrative difficulty of issuing permits where you have multiagency 

 responsibility, and the time lag between the request and ultimate is- 

 suance of the permit can bog the program and destroy its eilectiveness. 



Certainly we have no objection to inclusion of language that we 

 should consult in every case where a problem arises, or where respon- 

 sibility with another agency occurs. 



Mr. DiNGELL. Perhaps maybe to assist you and assist this commit- 

 tee, you can submit the language that jon would deem appropriate 

 to carry that particular purpose out. 



(The proposed language follows:) 



Consultation Provisions Pkior to Issuing Permits 



This matter could be dealt with by amending subsection 5(a) to include im- 

 mediately prior to the last sentence of that subsection, the following : 



'•Such provision shall require consultation \Yith Federal agencies with respect 

 to factors specitied in paragraphs (1) and (2) of this subsection for which 

 such agencies have responsibilities." 



Mr. DiNGELL. With regard to the question of notice of hearing on 

 these matters, there is no clear statutory requirements for notice of 

 hearmgs. 



You mentioned in response to questions from oihers of our colleagues 

 that there are both constitutional and due process, and also Adminis- 

 trative Procedures Act requirements would come into play. 



As I recall it, and I don't want you to give me a specific answer at 

 this particular moment, but I would like to have you reflect and give 

 us your answer after you have had a chance to consider the matter 

 soberly, it is more or less standard legislative boilerplate that says 

 that after notice and opportunity for hearing. 



Would this be objectionable? Obviously, some permit requests are 

 going to be highly controversial, and it occurs to me the courts are 

 going to probably require you to give both notice and hearing in any 

 event, and probably statutory language of this kind would not do too 

 much mischief. 



Mr. RucKELSHAus. Let me, as you stated, upon sober reflection give 

 you a detailed answer on that, because notice of hearing can mean so 

 many different things, and I want to be sure that our position is crys- 

 tal clear on how we can provide due process and at the same time pro- 

 vide an expedited administrative process, if possible. 



(The information follows:) 



Notices and/or Hearings Prior to the Issuing of Denial Permits 



We would not be opposed to the addition of the following paragraph as a new 

 subsection of section 5 of the bill : 



"The Administrator shall issue a public notice of each application for a 

 permit, which shall provide a reasonable period of time within which inter- 



