141 
ER 1145-2-301 
1 July 68 
5+ Dumping Grounds. 
a. Section 4 of the River and Harbor Act approved 3 March 
1905 (33 Stat. 1147; 33 U.S.C. 419) authorizes the Secretary of the 
Army to prescribe regulations to govern the transportation and dumping 
into any navigable water, or waters adjacent thereto, of dredgings and 
other refuse materials whenever in his judgment such regulations are 
required in the interest of navigation. 
b. Section 13 of the River and Harbor Act approved 3 March 
1899 (30 Stat. 1152; 33 U.S.C. 407) authorizes the Secretary of the 
Army to permit the deposit of refuse matter in navigable waters, whenever 
in the judgment of the Chief of Engineers anchorage and navigation will 
not be injured, within limits to be defined and under conditions to be 
prescribed by him. It is considered preferable, however, to act under 
section 4 of the River and Harbor Act approved 3 March 1905 (33 Stat. 
1147; 33 U.S.C. 419) as indicated in paragraph 5a above. As a means of 
assisting the Chief of Engineers in determining the effect on anchorage 
of vessels, the views of the U. S. Coast Guard will be solicited by 
coordination with the Commander of the local Coast Guard District. 
ec. Under the authority contained in an Act of Congress to 
prevent obstructive and injurious deposits within the harbor and adjacent 
waters of New York City approved 29 June 1888 (25 Stat. 209; 33 U.S.C. 
4)i - 451) the Supervisor of New York Harbor has established dumping 
areas in those waters and has prescribed regulations for their use. The 
provisions of the act are enforced by the Supervisor under the direction 
of the Secretary of the Army. 
d. In considering requests for the establishment of dumping 
grounds, Division and District Engineers will give careful consideration 
to the requirements of navigation and will take action to prevent un- 
reasonable injury to fish and wildlife. 
6. Fishing and Hunting Structures. Under Section 10 of the River 
and Harbor Act of 3 March 1899 (30 Stat. 1151; 33 U.S.C. 403) the Secre- 
tary of the Army may prescribe regulations designating water areas 
wherein fishing and hunting structures may be placed under permits 
issued by District Engineers. Cases not covered by such regulations 
must be submitted to the Chief of Engineers for approval. 
7. Public Notice and Consultation with Interested Parties. 
