Increasing Protection for Our Waters, Wetlands, and Shorelines: The Corps of Engineers; Seventeenth Report
U.S. Government Printing Office, 1972 - 51 էջ
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accord action activities administrative adopted agencies announced appeal applications areas authorized believe commerce committee committee's comply concerning construction continued Coordination Corps of Engineers court December decision delay develop direct discharges district engineers dredging effect effort enforcement environment environmental environmental impact establish estuaries existing fact Federal filing Fish and Wildlife follows ftnt Government granted guidelines Harbor Act harbor lines hearings illegal industrial Interior involving issuance issued Italic supplied January July June jurisdiction Justice Department Kalur lands letter letters of permission limited March mean Michigan minor Nation's Natural navigable waters navigable waterways person pollution present procedure proposed prosecution protect public interest public notice Puget Sound reason recently recommendations referred Refuse Act permit regulations Resources result revision River and Harbor Secretary standards structures subcommittee substantially supra tion U.S. attorneys United urged violations Washington wastes water quality wetlands
Էջ 30 - And they constitute navigable waters of the United States within the meaning of the acts of Congress, in contra-distinction from the navigable waters of the States, when they form in their ordinary condition by themselves, or by uniting with other waters, a continued highway over which commerce is or may be carried on with other States or foreign countries in the customary modes in which such commerce is conducted by water.
Էջ 17 - In pursuance of the provisions of the said section fourteen, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine not exceeding twenty-five hundred dollars nor less than five hundred dollars, or by imprisonment (in the case of a natural person) not exceeding one year, or by both such punishments, In the discretion of the court...
Էջ 10 - Act; the National Historic Preservation Act; the Endangered Species Act; the Coastal Zone Management Act...
Էջ 47 - major Federal actions significantly affecting the quality of the human environment" is to be construed by agencies with a view to the overall, cumulative impact of the action proposed (and of further actions contemplated).
Էջ 16 - ... or of the channel of any navigable water of the United States, unless the work has been recommended by the Chief of Engineers and authorized by the Secretary of War...
Էջ 8 - Act of 1969, that appropriate State, metropolitan, regional, or local agencies which are authorized to develop and enforce environmental standards are informed of and are given opportunity to review and comment on the environmental significance of proposed projects for which Federal assistance is sought.
Էջ 4 - Corps' power under the Rivers and Harbors Act. It commends the Corps for recognizing ecological considerations under the Act to protect against unnecessary fills and cites the instant case.
Էջ 29 - Those rivers must be regarded as public navigable rivers in law which are navigable in fact. And they are navigable in fact when they are used, or are susceptible of being used, in their ordinary condition, as highways for commerce, over which trade and travel are or may be conducted in the customary modes of trade and travel on water.
Էջ 30 - Although most interstate commerce 150 years ago was accomplished on waterways, there is no requirement in the Constitution that the waterway must cross a State boundary in order to be within the interstate commerce power of the Federal Government. Rather, it is enough that the waterway serves as a link in the chain of commerce among the States as it flows in the various channels of transportation (highways, railroads, air traffic, radio and postal communication, waterways, etc.). The "gist of the...