HIGHWAY/federal aid for construction July 7, 1976 Mr. W. H. Ogan State Transportation Engineer Kansas Department of Transportation State Office Building Topeka, Kansas 66612 Dear Mr. Ogan: Thank you for your letter of June 28 expressing concern about the potential impact of the Section 404 regulatory program upon highway construction activities. As you know, I have also been quite concerned about the detrimental impact of Section 404 regulations upon normal agricultural and construction activities. In mid-June, I wrote to the President to request that the much-expanded "Phase II" of those regulations be temporarily postponed to enable Congress to resolve the issue during this session. That letter was cosigned by 29 other Senators who share this concern. On July 2, the White House announced that there would be a 60-day delay in the Phase II regulations, and the Senate Public Works Committee has scheduled oversight hearings on the issue on July 27 and 28. I plan to appear before the Committee at that time and present my objections to those aspects of Section 404 which could be most detrimental to routine agricultural activity and to highway construction. Be assured that I share your concern about this issue and intend to support legislation similar to the Wright amendment at the proper time on the Senate floor. Again, thank you for writing and do be sure to keep in touch. Sincerely yours, BOB DOLE United States Senator BD:bdv (page 2) KANSAS DEPARTMENT OF TRANSPORTATION (image: Kansas Department of Transportation seal) KANSAS DEPARTMENT OF TRANSPORTATION STATE OFFICE BUILDING - TOPEKA, KANSAS 66612 1976 JUN 30 AM 9:51 O.D. TURNER, Secretary of Transportation ROBERT F. BENNETT, Governor (image: Kansas state logo, depicting wheat and a covered wagon) KANSAS 1776 1976 June 28, 1976 The Honorable Bob Dole United States Senate Room 2327, New Senate Office Building Washington, D. C. 20510 Dear Senator Dole: It is our understanding that the Senate will consider amendments to Section 404 of the Federal Water Pollution Control Act, regarding dredge and fill permits, in the near future. The Act in its present form will add to the already disproportionate amount of paper work necessary to develop a Federal-Aid highway project and could delay construction of necessary projects for several months. The Kansas Department of Transportation is presently developing three projects on the Primary system and seven on the Secondary system which will be immediately affected by the regulations which become effective July 1, 1976. Environmental protection procedures for highway construction presently are regulated to an extent which insures that water pollution control factors are given due consideration. The Department's construction specifications give special attention to the subject, and our design is based upon minimum disruption to the streams and wetlands. We, therefore, would strongly urge you to consider favorably an amendment similar to the Wright Amendment which the House passed recently. It is our opinion that an amendment such as this would be an equitable solution for all concerned. Yours very truly, (signature) W. H. OGAN State Transportation Engineer WHO/us cc: AASHTO (page 3) (image: American Revolution Bicentennial Star) (written backwards, so as to show through to the other side of the letter) American Revolution Bicentennial 1776-1976