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Was it in approximately 1899 that the Rivers and Harbors Act 
gave the Corps of Engineers the statutory authority respecting the 
issuance of permits for dredging in so-called navigable waters ? 
General Kotscu. Yes, sir. 
Mr. Lennon. The words “navigable waters” have been interpreted 
in many ways by the courts. I think you all got along pretty well 
until when ? 
General Kortscu. About 3 years ago, sir. 
Mr. Lennon. Under an Executive order in 1967, wasn’t it, in about 
August or September of 1967, you entered into a memorandum of 
understanding with the Secretary of the Interior? 
General Korscu. Yes, sir. It is about 2 years old. 
Mr. Lennon. You said in response to a question that that had 
worked out real well. 
General Korscu. Insofar as the mechanism of attempting to, let’s 
say, resolve the problem which comes up. The answers that come out 
of it are not always satisfactory. 
Mr. Lennon. It places the burden on the district engineer, does 
it not? 
General Koiscu. The proper answer is that it does not place the 
burden on the district engineer. The burden comes to rest in the Office 
of the Chief of Engineers and the Secretary of the Army. — 
Mr. Lennon. Ultimately it does. Let me see if I can recollect a 
specific example of it. I am thinking of a certain group who applied 
for a permit to dredge in the coastal area of southeastern North Caro- 
lina some 2 years ago. There was no opposition by the State and there 
has yet been no opposition in writing by the State. That particular 
case has been at the level of your office for some little time. 
General Korscu. Yes, sir. 
Mr. Lennon. And in the exchange of correspondence which I have 
had with your office, sir, and with the Department of the Interior 
there have been as much as 90 days where you couldn’t get an answer 
from the Department of the Interior. If you don’t believe that, I will 
bring you the letter. 
General Koriscu. Sir, I remember the case. Ninety days, I might say, 
in some of these cases is fast. 
Mr. Lennon. That is fast? That is to acknowledge the letter, I 
might say. So it does seem to me that as to the procedural aspect of 
this memorandum of understanding, I don’t know how it can be car- 
ried out. It hasn’t in this case. Literally it can be carried out with 
respect to the hearing and so forth putting it back down to the regional 
director of the Department of the Interior to make this report to the 
Secretary and then it goes back to you and back to the Secretary and 
back to you and back to the regional director. 
I am just wondering if you had a central government agency which 
liad the total responsibility if these problems could not be better 
solved. When we get involved in coastal zone questions that were 
raised by the Commission, we do get impaled on the horns of not one 
but more than one dilemma. I think you know, General, that this 
committee is starting something that I don’t know has been attempted 
before, and that is to convene here in Washington on the 28th and 29th 
of October, through the respective Governors of some 30 coastal and 
Great Lakes States, their representatives from their respective marine | 
