526 



So, to answer your question, you are imposing a greater workload 

 on a fixed capability and less is going to get done overall for a while. 



Mr. Everett. General Groves, there is still some ambiguity as to 

 what the intent of section 11 is. 



I wonder if you could provide us with a memo with respect to sec- 

 tion 11 (a) , 11 (b) , 11 (d) and 11 (e) , on the effects of these reactions on 

 existing law if the bill is enacted as recommended in H.R, 4723. 



General Groves. Do you want me to supply that for the record ? 



Mr. Everett. Yes. 



General Groves. I will be glad to. 



Mr. Everett. Does the bill in any way change your method of op- 

 eration or procedure under the Fish and Wildlife Coordination Act ? 



General Groves. No, indeed. 



Mr. E^^RETT. How about under the national Environmental Policy 

 Act? 



General Groves. No. 



Mr. Everett. That is all I have, Mr. Chairman. 



Mr. DiNGELL. Captain Heyward. 



Mr. Heyward. General Groves, in connection with section 11 there 

 were some discussions with other witnesses as to the effect of the EPA 

 procedures for issuing permits. 



There has been disagreement on the interpretation of exactly what 

 supersession of corps permit authority is involved in this act. 



May I ask you, can you tell me whether a particular section is used 

 by the corps as authority for issuing permits to dispose of dredge spoil ? 



Is that under 33 U.S.C. 403 or are you aware of the specific number ? 



General Groves. 1 am not aware of the code numbers. Essentially 

 they derive from the supervisory act and from the 1905 act, section 4. 



Mr. Heyward. Section4of the 1905 act? 



General Groves. Yes, sir. 



Mr. Heyward. That is not being touched in any of this repealing 

 material, is that correct ? 



Yes, that is 33 U.S.C. 419, whch is being superseded. This is the 

 question I was really getting to, whether or not the authority under 

 section 10 of the Kivers and Harbors Act is utilized by the corps in 

 connection with its permit for excavation and filling or whether you 

 rely on section 4 of the act of 1905 which is being superseded here. 



General Groves. Now we are talking about ocean dumping, are 

 we not ? 



Mr. Heyward. We are talking about dumping in all these defined 

 waters, yes, sir. 



General Groves. Section 10 of course applies to the territorial 

 waters. It is used primarily for structures and dredge and fill type 

 operations. 



The subject of today's hearing, ocean dumping, is covered under the 

 section 4 of the 1905 act. 



Mr. Heyward. This is the problem that we face in discussing this 

 because in section 7(c) (2.) it says except as provided in subsection 

 11 (e) nothing in the Rivers and Harbors Act is going to be superseded. 



Now, if section 11 then turns around and superseded those elements 

 of the Rivers and Harbors Act that you rely on there is nothing left 

 for you to do in issuing the dredge spoil disposal permit. 



This is the point I am sure Mr. Everett was getting to. 



