Garn front fS Washington . . . J By Jake Gam In accordance with Section 404 of the Federal Water Pollution Act of 1972, new dredge and fill regulations, promulgated by the Corps of Army Engineers, went into effect as of July 1, 1977. This means that the Army Corps of Engineers assumed jurisdiction jurisdic-tion over all "navigable waters" wa-ters" of the United States, and is now issuing Federal permits for all dredging and filling activities on such waters. wa-ters. When CongTess originally origin-ally authorized the Section 404 dredge and fill permits in 1972, it was intended to regulate the disposal of dredged fill material in navigable navi-gable waters as traditionally understood. A U.S. District Court interpretation of Congressional Con-gressional intent in 1975 effectively effec-tively expanded the Corps' regulatory jurisdiction to virtually vir-tually all waters of the country. coun-try. Subsequently, the permit program has been expanded to cover a broad range of major and minor dredging and filling operations on the nation's na-tion's rivers, streams, and tributaries. The "phase III" regulations will produce additional red tape for the farmer or rancher who must go about his normal activities. Federal permits will be required for projects as minor as the construction of watershed dikes. Forestry and highway construction will be forced to obtain permits whenever their work comes in contact with streams or tributaries. tribu-taries. Furthermore, there will be approximately 2.5 million dwelling units constructed con-structed in the United States next year. Delays are inevit-able, inevit-able, and each day's delay will only drive up the cost of construction, financing, and land development. This increase in-crease in cost will be reflected in sky rocketing housing prices. pri-ces. In early June of this year, Senator Dole (H Kan) and I, as well as 2.ri other Senators, believing that the Corps has overstepped its boundaries, addressed a letter to President Presi-dent Carter. We asked for a 90 day moratorium in order for the CongTess to complete action to amend Section 404. The House of Representatives has already passed H.R. 3199 which substantially amends the Section 404 program by redifining exactly what "navigable "navi-gable waters" the Corps has jurisdiction over. The letter stated that "there are serious problems. ..with implementation implementa-tion of Phase III. ..and Congress Con-gress is now moving towards a legislative resolution of the., permit issue. ..We are asking you to delay implementation and enforcement of Phase III. ..for 90 days." In response to our request, a letter, written writ-ten by the President's assistant assis-tant for domestic affairs and policy. Stuart E. Eizenstat, flatly denied our proposal. He stated that "...it is in the best interest of the nation to allow program implementation to continue as scheduled." The Congress still has a recourse. This week Senator Muskie (D-Mc) concluded a month of field hearings concerning con-cerning all aspects of the Federal Water Pollution Control Con-trol Act of 1972 which includes in-cludes Section 404. Hopefully, the amendments that have come out of these field hearings hear-ings will come before the Senate before the August recess. It is unfortunate that thousands thou-sands throughout the country must deal with yet another burdensome bureaucratic permit. per-mit. I look forward in the next few weeks to the opportunity of speaking out tainst these regulations that have gone beyond their original useful purpose. Through Congressional Congres-sional action the Corps' far-reaching far-reaching jurisdiction can be amended to return to those who work on the land and waterways control over their own activities, subject only to the traditional local controls.