72 



ards, "we can avert the necessity of the injunction route and thus save 

 both industry and the taxpayer substantial sums of money. 



Senator Hollings. Is that the way the law is now and that is the way 

 the Department understands the law to be. 



Secretary Hickel. That is tlie action we took in South Carolina, 

 just one of advising, nothing else happened. 



Senator Hollings. I see. Now with respect to the procedure on 

 plans, is it now the procedure within the Department of Interior that 

 anyone building along the^e coastal zones and streams emptying into 

 the estuarine areas and thereby into the oceans, would they submit 

 these plans to the Secretary of Interior? 



Secretary Hickel. Mr. Stang ? 



Mr. Stang. Mr. Chairman, there are several statutes which have 

 a bearing on this problem. One, I think, that would be relevant is the 

 Fish and Wildlife Coordination Act and its relationship to the Rivers 

 and Harbors Act of 1899. 



The Rivers and Harbors Act of 1899 calls for issuance of a permit 

 the Secretary of the Army, on the recommendation of the Corps 

 of Engineers, for any dredging or filling which would in any way 

 adversely affect the navigability of a body of water. 



Senator Hollings. But sir, that deals with navigability. I am talk- 

 ing about oil, a change in the salinity contents by a variable of over 

 10 percent, for example, which is State regulation at the present time. 

 That wouldn't interrupt the navigability under the Rivers and Har- 

 bors Act which you refer to, which is exclusively relative to the navi- 

 gability situation. 



Mr. Stang. Yes the reason I was addressing that statute is that it 

 is the principal Federal authority in the coastal zone area and one 

 which normally relates to changes by either dredging or filling in 

 navigable waters. 



Senator Hollings. Relative to navigability. But what about pollu- 

 tion? 



Mr. Stang. The Fish and Wildlife Coordination Act grants the 

 Secretary of Interior the authority to review applications for a Fed- 

 eral permit or license to see what impact such dredging or filling 

 would have on the wildlife resources of the area. 



Senator Hollings. Now, that is dredging and filling. Suppose I don't 

 dredge and I don't fill; I just put up a chemical plant and spew out 

 the chemical content that varies the salinity and has an effect on the 

 fish. This is without dredging and filling. 



Most of these statutes — and you may correct the committee if we are 

 wrong on it — all allude to navigability. I want to ask the Secretaiy 

 whether or not he thinks that gap in the line should be filled, that he 

 needs direct authority to be employed prior to pollution, rather than 

 waiting around, finding a violation, and getting an injunction. 



Do you think you need additional authority, Mr. Secretary ? 



Secretary Hickel. I think we need it in these specific cases. As to off- 

 shore oil drilling, we can only do that by regulation. But in the land- 

 based operations that have a potential of polluting the water, I think 

 there is a gap there, from the standpoint of reacting rather than 

 acting. 



Senator Hollings. My region shows that gap. Would you like to 

 elaborate, sir ? 



