About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-192805 1 (1979-01-04)

handle is hein.gao/gaobadjar0001 and id is 1 raw text is: -4' LUER, GQX7j THECOPTROLLER GENERAL DECISION OF THE UNITED STATES WASHIN.GTON, 0.C. 20548 JAN 4.1979 FILE: DATE: B-192805 MATTER OF: lPayset of state permit 1e by Federal agoneyjjiader seeip 404(t), Fieral Water Polluti aomtrol Art DIGEST: Seeti0A 404(t) ,* Federal Water Polutiom Control Act, as amended, requires Federal agesciea to comply with State substantive or pe~dural rqnireAta WVeraing discharge iX navigable waters of dredged material to same extant as any per,.*. Setioa,67, Pub. L. t. 95-217 Federal aencies sue Wt get permits if required by State for attivity in queation, whoth*r or not State has taken eover from WUited States admunistastion of program for issuance of dredging permits. in present case, however, Wisonsin permit require- mnat does not pertain to drodaing activities. Therefore, section 404(t) does not apply and permit fee may not be paid. This is in response to a request for an advance decision from an authorized certifying off iser of the arest- Service, Uited States V Department of Agriltwre, (Foerest Service), regaring payment of a $75 fee to the Wizoasin Departmt of Natural Resources (DOX),for the proessila of a permit vader Wis. Stat, AaM, 11 30.28, 31.29 (Lun~ 1973, West). MRI coatsmds that it is ewpeworod to, e1et a permit fee from the Forest service under the authority of S 404(t) of the Federal Water Pollution Control kot (WFCA), 33 UA.C.A. I 1344(t), as added by S 67(b) of the CItan Water Act of 1977, Pub. L. No. 95-217, 91 stat. 1566, 1606. For the reans set forth below, we fad that, without a clearer basis to *omelude that a private persea easgging in the se s activity planced by the Forest Service would be subject to a State requirement governing the disc#hrge of dredged or fill magtetis, the permit fee may mm be paid. The Forest Service plans to t 4 truet an impovndment to create a wildlife flowage is the Chequamengo National Forest (Chequanlon) on the Eest Fork feeder to Lyach Cresk in Sawyer Conty, tseonsla, This e oustrction will create a wetland where amepreviously existed. As i result of this ooastraetioe, iseldtal discharges of dredged and fill material may flow into Lynak Croik. Se&a tM 404(t), a~d d by the 1577 Amendmets, is tb* fival portion of the section of the WCA dealing with the disharge .of dredged and fill iterial into navigable waters. It provides: -1-

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most