653 
One of our primary concerns with the bill as reported 
is section 2(a)(2) which amends section 102(c) of the Act to 
require mandatory designation of dumping sites by the EFA 
for both section 102 and 1C3 permits. We are concerned that 
by making this change, the authority of the Army Corps of 
=ngineers to dump dredged materials, or to permit such 
dumping pursuant to Section 103 at sites which have not 
receivece formal designation, would be precluded. Currently, 
dumping of dredged material may take place at a site which 
has received final or interim designation, or, where use of 
a designated site is not feasible, at a site determined pur- 
Suant to the 103 permit process. Wwe are concerned that the 
Chance, makine designations mandatory, especially when made 
in conjunction with section 5(a) of the bill dealing witn 
interi:: designations, could be read as vorecluding future 
interim designation or dumeing at a non-desisgnated site even 
wnen use of a Gesignated site was not feasible. We under- 
stend that this is not what is intended by the Committee on 
herchant “iarine and Fisheries. Nonetheless, we are concerned 
that this may be the oractical effect of the chance. 
Tne Devartment of the Army also objects to the stringent 
monitorine requirements for all sites which would be imposes 
unser prososed section 102(c)(2) and the definition of 
MaeCnitoning’ under section 6 oO: the bill. Monitorinae should 
be required only where the nature and quantity of material 
GURDeA GUStify the aaditional costs o£ such monitoring. 
The Devcartment of the Army; also believes any decision 
to. limit Gundine at a designated site used for dumping of 
Greised material or any susnension of the sites designation 
unger prorosea subsection 102(c)(3) shoule reauire prior 
consultation of the Secretary. Accordingly, we object to 
the procosed new section 102(c)(3) of the bill. 
we are also concerned that section 5(a) of the bill 
could be reac as precluding use of a site after completion 
of baseline or trend assessment surveys but before a decision 
on final desiognation is reached. This could result in 
haltins use of the site for several months during the "gap" 
between comsleticn of studies and final designation. 
