h. The permittee will not be required or permitted to pay the United States inspector either directly or through the District Engineer, nor will the inspector be laid off or furloughed in order that he may be employed by the permittee to supervise the permit operations. 29. Permits for Fishing Structures. a. Special regulations for the issuance of permits for fish traps in specified localities have been issued by the Chief of Engineers. Cases not covered by such regulations will be submitted to the Chief of Engineers for approval. b. Prior to action by the Corps of Engineers on an application for permission to construct a fish weir, trap, or similar contrivance in any navigable water of the United States, the applicant will be required to furnish the Corps of Engineers with evidence that the proper license has been granted by the State or municipal authorities in cases where the laws prescribe such requirements, or to show that there is no State law or municipal regulations requiring such license. 30. Lighting Fishing Structures. a. Fishing structures and appliances in navigable waters of the United States will be lighted for the safety of navigation as follows. Lights will be displayed between sunset and sunrise. They will be placed at each end of the structure, except where the inner end terminates at such a point where there could be no practicable navigation between it and the high-water line of the adjacent coast, In such case no inner light will be required. The outer light will be white, and the inner light will be red. The size, capacity, and manner of maintenance of the lights will be specified in the Department of the Army permit authorizing the erection of the structure or appliance. When several structures or appliances are placed on one line wih no navigable passage between them, they will be considered for lighting purposes as one structure. b. By authority of the Secretary of the Army, conditions in the following form will be included in all permits for fishing structures and appliances in navigable waters of the United States, issued by the Chief of Engineers or by District Engineers specially authorized by him to issue such permits. (1) That the weir, trap, or pound will be lighted between sunset and sunrise, by and at the expense of the permittee, for the safety of navigation. The lights will be displayed at each end, and at an elevation of not less than feet above high water. The outer light will be white, the inner light will be red, and both will be equal to with a capacity to burn days unattended. They will be subject to the inspection of the District Engineer before use. (2) That there will be installed and mantained on the weir, trap, or pound, by and at the expense of the permittee, such additional lights and signals as may be prescribed by the U.S. Coast Guard. Provisions will be made for proper attendance by watchman or otherwise of all lights and signals to insure that they are in effective condition at all times. 31. Permits Affecting the Outer Limits of the Territorial Sea. a. All applications for permits for structures or work in Coastal waters will be specifically reviewed to consider the impact on the base line from which to measure the width of the three-mile belt of submerged land given to the States by the Submerged Lands Act. Where any change in the base line would result, the application with report thereon will be forwarded to the Chief of Engineers for discussion with the Attorney General before final action is taken. For the Chief of Engineers: MEMORANDUM OF UNDERSTANDING BETWEEN THE SECRETARY OF THE INTERIOR AND THE SECRETARY OF THE ARMY In recognition of the responsibilities of the Secretary of the Army under sections 10 and 13 of the Act of March 3, 1899 (33 U.S.C. 403 and 407), relating to the control of dredging, filling, and excavation in the navigable waters of the United States, and control of refuse in such waters, and the interrelationship of those responsibilities with the responsibilities of the Secretary of the Interior under the Federal Water Pollution Control Act, as amended (33 U.S.C. 466 et seq.), the Fish and Wildlife Coordination Act, as amended (16 U.S.C. 661666c), and the Fish and Wildlife Act of 1956, as amended (16 U.S.C. 742a et seq.), relating to the control and prevention of water pollution in such waters and the conservation of the Nation's natural resources and related environment, including fish and wildlife and recreational values therein; in recognition of our joint responsibilities under Executive Order No. 11288 to improve water quality through the prevention, control, and abatement of water pollution from Federal and federally licensed activities; and in recognition of other provisions of law and policy, we, the two Secretaries, adopt the following policies and procedures: POLICIES 1. It is the policy of the two Secretaries that there shall be full coordination and cooperation between their respective Departments on the above responsibilities at all organizational levels, and it is their view that maximum efforts in the discharge of those responsibilities, including the resolution of differing views, must be undertaken at the earliest practicable time and at the field organizational unit most directly concerned. Accordingly, District Engineers of the U.S. Army Corps of Engineers shall coordinate with the Regional Directors of the Secretary of the Interior on fish and wildlife, recreation, and pollution problems associated with dredging, filling, and excavation operations to be conducted under permits issued under the 1899 Act in the navigable waters of the United States, and they shall avail themselves of the technical advice and assistance which such Directors may provide. 2. The Secretary of the Army will seek the advice and counsel of the Secretary of the Interior on difficult cases. If the Secretary of the Interior advises that proposed operations will unreasonably impair natural resources or the related environment, including the fish and wildlife and recreational values thereof, or will reduce the quality of such waters in violation of applicable water quality standards, the Secretary of the Army in acting on the request for a permit will carefully evaluate the advantages and benefits of the operations in relation to the resultant loss or damage, including all data presented by the Secretary of the Interior, and will either deny the permit or include such conditions in the permit as he determines to be in the public interest, including provisions that will assure compliance with water quality standards established in accordance with law. PROCEDURES FOR CARRYING OUT THESE POLICIES 1. Upon receipt of an application for a permit for dredging, filling, excavation, or other related work in navigable waters of the United States, the District Engineers shall send notices_to_all_interested parties, including the appropriate Regional Directors of the Federal Water Pollution Control Administartion, the United States Fish and Wildlife Service, and the National Park Service of the Department of the Interior, and the appropriate State conservation, resources, and water pollution agencies. 2. Such Regional Directors of the Secretary of the Interior shall immediately make such studies and investigations as they deem necessary or desirable, consult with the appropriate State agencies, and advise the District Engineers whether the work proposed by the permit applicant, including the deposit of any material in or near the navigable waters of the United States, will reduce the quality of such waters in violation of applicable water quality standards or unreasonably impair natural resources or the related environment. 3. The District Engineer will hold public hearings on permit applications whenever response to a public notice indicates that hearings are desirable to afford all interested parties full opportunity to be heard on objections raised. 4. The District Engineer, in deciding whether a permit should be issued, shall weigh all relevant factors in reaching his decision. In any case where Directors of the Secretary of the Interior advise the District Engineers that proposed work will impair the water quality in violation of applicable water quality standards or unreasonably impair the natural resources or the related environment, he shall, within the limits of his responsibility, encourage the applicant to take steps that will resolve the objections to the work. Failing in this respect, the District Engineer shall forward the case for the consideration of the Chief of Engineers and the appropriate Regional Director of the Secretary of the Interior shall submit his views and recommendations to his agency's Washington Headquarters. 5. The Chief of Engineers shall refer to the Under Secretary of the Interior all those cases referred to him containing unresolved substantive differences of views and he shall include his analysis thereof, for the purpose of obtaining the Department of Interior's comments prior to final determination of the issues. 6. In those cases where the Chief of Engineers and the Under Secretary are unable to resolve the remaining issues, the cases will be referred to the Secretary of the Army for decision in consultation with the Secretary of the Interior. 7. If in the course of operations within this understanding, either Secretary finds its terms in need of modification, he may notify the other of the nature of the desired changes. In that event the Secretaries shall within 90 days negotiate such amendment as is considered desirable or may agree upon termination of this understanding at the end of the period. Dated July 13, 1967. Appendix II STEWART L. UDALL, Secretary of the Interior. STANLEY RESOR, Secretary of the Army, FEDERAL WATER POLLUTION CONTROL ADMINISTRATION The Federal Water Pollution Control Administration field organization consists of nine regional offices. The regional boundaries are based on drainage basin areas. The regions, their regional office locations, and the basin areas and States they cover are as follows: Region Regional offices and areas of responsibility Constituent basins and States covered Regional Director, FWPCA, Northeast All New England Basins and the Hud- son-Champlain and Delaware River Basins: Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Vermont, Rhode Island. Regional Director, FWPCA, Middle Chesapeake-Susquehanna River and all Regional Director, FWPCA, Southeast Regional Office, Suite 300, 1321 Peachtree Street, NE., Atlanta, Ga. 30309. Regional Director, FWPCA, Ohio Basin Regional Director, FWPCA, Missouri other Coastal basins in Virginia, North Carolina, and South Carolina, excluding the Savannah River Basin: Maryland, North Carolina, Pennsylvania, South Carolina, Virginia, District of Columbia. All coastal basins extending from and All basins within the Ohio River water- Missouri River, Souris River, Red River Region Regional offices and areas of responsibility-Continued Regional Director, FWPCA, South Central Regional Office, 1114 Commerce Street, Dallas, Tex. 75202. Regional Director, FWPCA, Southwest Regional Director, FWPCA, Northwest Constituent basins and States covered Arkansas-Red-White River Basins, Lower Mississippi River Basin, Rio Grande Basin and all basins in Texas and Louisiana west of the Pearl River Basin draining into the Gulf of Mexico: Arkansas, Louisiana, New Mexico, Oklahoma, Texas. Colorado River Basin, Great Basin, and all coastal or interior basins in California, Hawaii, and Guam: Arizona, California, Hawaii, Nevada, Utah, Guam. Columbia River Basin, coastal basins and waters of Oregon and Washington, and all basins in Alaska: Alaska, Idaho, Montana, Oregon, Washington. Each region is under the supervision and direction of a regional director who is responsible directly to the Commissioner for activities within the region. Where the regional boundary does not conform to the State boundary, activities requiring State-wide administration, such as construction grants and State program grants, are assigned to the regional director with responsibility for the region in which the State is located. BUREAU OF SPORT FISHERIES AND WILDLIFE Regions and Areas (States) of responsibility No. 1.-Regional Director, Pacific Region, Bureau of Sport Fisheries and Wildlife, 730 North East Pacific Street, P.O. Box 3737, Portland, Oreg. 97208; Hawaii, California, Idaho, Montana, Nevada, Oregon, Washington. No. 2.-Regional Director, Southwest Region, Bureau of Sport Fisheries and Wildlife, Federal Building and U.S. Courthouse, P.O. Box 1306, 500 Gold Avenue, SW., Albuquerque, N. Mex. 87103: Arizona, Colorado, Kansas, New Mexico, Oklahoma, Texas, Utah, Wyoming. No. 3.-Regional Director, North Central Region, Bureau of Sport Fisheries and Wildlife, 1006 West Lake Street, Minneapolis, Minn. 55408: Illinois, Indiana, Iowa, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, Wisconsin. No. 4.-Regional Director, Southeast Region, Bureau of Sport Fisheries and Wildlife, 809 Peachtree-7th Building, Atlanta, Ga. 30323: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, Puerto Rico, and Virgin Islands. No. 5.-Regional Director, Northeast Region, Bureau of Sport Fisheries and Wildlife, U.S. Post Office and Courthouse, Boston, Mass. 02109: Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, West Virginia. Alaska.-River Basins Supervisor, Bureau of Commercial Fisheries, P.O. Box 1688, Juneau, Alaska 99801. NATIONAL PARK SERVICE Regions and areas of responsibility Regional Director, Southeast Region, National Park Service, Federal Building, Box 10008, 400 North Eighth Street, Richmond, Va. 23240: Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee, Virginia, West Virginia. Regional Director, Midwest Region, National Park Service, 1709 Jackson Street, Omaha, Nebr. 68102: Iowa, Kansas, Minnesota, Missouri, Montana, Nebraska, North Dakota, South Dakota, Wyoming, Colorado. Regional Director, Southwest Region, National Park Service, Old Santa Fe Trail, P.O. Box 728, Santa Fe, N. Mex. 87501: Arizona, New Mexico, Oklahoma, Texas, Utah. Regional Director, Western Region, National Park Service, 450 Golden Gate Avenue, P.O. Box 36063, San Francisco, Calif. 94102: California, Idaho, Nevada, Oregon, Washington, Alaska, Hawaii. Regional Director, Northeast Region, National Park Service, 143 South Third Street, Philadelphia, Pa. 19106: Connecticut, Delaware, Illinois, Indiana, Maine, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Wisconsin. Regional Director, National Capital Region, National Park Service, 1100 Ohio Drive SW., Washington, D.C. 20242: District of Columbia, Maryland. General GROVES. Basically, sir, we are interested through the years prior to May 1970, in the type and nature of the structure so that we could determine whether or not it constituted a hindrance to navigation, this was the basic test that we applied. However, as the water quality standards emerged and became apparent to us that section 10 and section 13 were related, which they very definitely are, we felt compelled to require this additional information on effluents. Senator MUSKIE. Section 10 prior to-was it April of this year? Senator MUSKIE. Prior to May of 1970, it was not used to control effluent discharges? General GROVES. Basically no; no, sir. Senator MUSKIE. And it is now being used to control effluent discharges or that is the object of the present policy? General GROVES. No, sir; the basic purpose of section 10 is to control obstructions to navigation. Senator MUSKIE. And it is going to continue to be that? General GROVES. That will continue to be its basic purpose. In May of 1970, we picked up detailed information on effluents. Senator BOGGS. Would you at this point give us an example on the application prior to May 1970, with an example following May of 1970? General GROVES. Yes, sir. An example of how section 10 might routinely be applied would be the construction of a pier or a wharf that extends out into the navigable waterways which would constitute an obstruction. Senator MUSKIE. Would this include an outfall as well? General GROVES. Yes, sir; an outfall if it extended into the navigable waters. The historic use of section 13, what it was originally intended to do again was to control the possible creation of obstructions to navigation. Initially it related to the deposit of sediments which would create navigational hazards, but through the years, and there is quite a history of judicial application that has gradually extended to where it came to include oil and gasoline, for instance, until today refuse by definition is in effect any matter which is foreign to the natural state. Senator BOGGS. That is all under section 10? General GROVES. That is section 13. Senator BOGGS. It was applied to piers and so forth before May 1970. General GROVES. We still apply section 10 routinely to structures in navigable waters. Senator BOGGS. But section 10 doesn't apply to solid wastes or fluids of any kind, does it? |