r 
179 
Since my general remarks indicated that the final bill should include provi- 
sions of the three bills, H.R. 15827, 17603, and 18454, I have joined these bills 
into one, and added my specific suggestions. 
An explanatory analysis and a section summary are included with the bill. 
If you have any further questions, please feel free to contact me or Tom 
Maloney of my staff. 
With best wishes, I am 
Sincerely yours, 
JAMES J. HOWARD, 
Member of Congress. 
SECTION SUMMARIES 
Section (a) causes the Secretary of the Interior to designate areas wherein 
it shall be safe to discharge wastes, provided these areas are beyond the 20 
fathom line and consideration has been given to environmental factors. 
Section (b) causes the Secretary in conjunction with the Chief of Engineers 
to conduct a study of the possibility of reclaiming current dumping areas. 
Section (c) causes the Secretary in conjunction with the Chief of Sngineers to 
establish ecologically sound standards to regulate dumping and puts the burden 
of proof on the dumper to show that such deposits will not endanger the 
environment. 
Section (d) provides for adoption and enforcement by all governmental 
agencies of these standards. 
Section (e) provides for universal applicability of these standards. 
Section (f) allows State standards to apply provided they are more stringent 
than federal standards. 
Section (g¢) provides for annual review of the State standards. 
Section (h) allows the Secretary to amend the federal standards. 
Section (i) causes the Secretary to conduct a continuing review and evalua- 
tion of the standards to assure the effectuation of the purposes of the bill—to 
' protect the environment. 
Section (j) is the record-keeping provision. 
Section (kK) is the federal district court jurisdictional section. 
Section (1) (1) provides penalties for violating the dumping area section. 
Section (1) (2) provides civil penalties for violating the standards. 
Section (1) (3) provides a civil penalty to cover the cost of remedying the 
violation of either provision. 
Section (m) terminates existing permits on the effective date of this law. 
EXPLANATION TO ACCOMPANY DUMPING BILL AS REWRITTEN 
Amending 16 U.S.C. 661 by adding new Section 5B with the following sub- 
Sections : 
(a) begins the same as section (a) of HR 17603. At line 16 a provision is 
included to prohibit dumping within the 20 fathom line, as per Mr. Howard’s 
testimony. This basically takes the first section of HR 15827, but makes it ap- 
plicable on a nationwide basis. 
At line 1, page 2, the section continues as per HR 17603. 
(b) incorporates the reclamation studies provision of the second half of 
HR 15827, but transfers the function from the Secretary of the Army to the 
Secretary of the Interior. 
(c) is section (a) of HR 18454 with “navigable or” language inserted with 
“eoastal waters” in keeping with new section (a). 
A potential problem with this language is a conflict with the responsibilities 
and powers of the Secretary of the Army under the River and Harbor Act of 
1899, 33 U.S.C. at S407 et seq. (Refuse Act) 
(d) is section (b) of HR 18454 with the “navigable or” language. i 
(f) is section (d) of HR 18454 with “more stringent than” language carried 
through. 
(g) is section (e) of HR 17603 with “more stringent than” language carried 
through 
(h) is section (f) of HR 17603 ; 
(i) provides for a continuing review and eyaluation of the standards appli- 
cable under sections (c) & (f) as per Mr. Howard’s suggestion at the hearings. 
(j) is section (h) of HR 17603 including the trade secrets provision 
(k) is section (f) of HR 18454 and (g) of HR 17603—identical sections con- 
ferring federal district court jurisdiction. 
