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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1268 Introduced in House (IH)]

104th CONGRESS
  1st Session
                                H. R. 1268

    To amend the Federal Water Pollution Control Act to establish a 
   comprehensive program for conserving and managing wetlands in the 
                 United States, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 1995

 Mr. English of Pennsylvania introduced the following bill; which was 
     referred to the Committee on Transportation and Infrastructure

_______________________________________________________________________

                                 A BILL

 
    To amend the Federal Water Pollution Control Act to establish a 
   comprehensive program for conserving and managing wetlands in the 
                 United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Wetlands Conservation 
and Management Act of 1995''.

SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.

    (a) Findings.--Congress finds that--
            (1) wetlands play an integral role in maintaining the 
        quality of life through material contributions to our national 
        economy, food supply, water supply and quality, flood control, 
        and fish, wildlife, and plant resources, and thus to the 
        health, safety, recreation and economic well-being of citizens 
        throughout the Nation;
            (2) wetlands serve important ecological and natural 
        resource functions, such as providing essential nesting and 
        feeding habitat for waterfowl, other wildlife, and many rare 
        and endangered species, fisheries habitat, the enhancement of 
        water quality, and natural flood control;
            (3) much of the Nation's resource has sustained significant 
        degradation, resulting in the need for effective programs to 
        limit the loss of ecologically significant wetlands and to 
        provide for long-term restoration and enhancement of the 
        wetlands resource base;
            (4) most of the loss of wetlands in coastal Louisiana is 
        not attributable to human activity;
            (5) because 75 percent of the Nation's wetlands in the 
        lower 48 States are privately owned and because the majority of 
        the Nation's population lives in or near wetlands areas, an 
        effective wetlands conservation and management program must 
        reflect a balanced approach that conserves and enhances 
        important wetlands values and functions while observing private 
        property rights, recognizing the need for essential public 
        infrastructure, such as highways, ports, airports, sewer 
        system, and public water supply systems and providing the 
        opportunity for sustained economic growth;
            (6) while wetlands provide many varied economic and 
        environmental benefits, they also present health risks in some 
        instances where they act as breeder grounds for insects that 
        are carriers of human and animal diseases; and
            (7) the Federal permit program established under section 
        404 of the Federal Water Pollution Control Act was not 
        originally conceived as a wetlands regulatory program and is 
        insufficient to ensure that the Nation's wetlands resource base 
        will be conserved and managed in a fair and environmentally 
        sound manner.
    (b) Purpose.--The purpose of this Act is to establish a new Federal 
wetlands regulatory program to--
            (1) assert Federal regulatory jurisdiction over a broad 
        category of specifically identified activities that result in 
        the degradation or loss of wetlands;
            (2) account for variations in wetlands values or functions 
        in determining the character and extent of regulation of 
        activities occurring in wetlands areas;
            (3) provide sufficient regulatory incentives for 
        conservation, restoration, or enhancement activities;
            (4) encourage conservation of resources on an ecosystem 
        basis to the fullest extent practicable; and
            (5) balance public and private interests in determining the 
        conditions under which activity in wetlands areas may occur.

SEC. 3. WETLANDS CONSERVATION AND MANAGEMENT.

    Title IV of the Federal Water Pollution Control Act (33 U.S.C. 1341 
et seq.) is amended by striking section 404 and inserting the following 
new section:

``SEC 404. PERMITS FOR ACTIVITIES IN WETLANDS OR WATERS OF THE UNITED 
              STATES.

    ``(a) Prohibited Activities.--(1) No person shall undertake an 
activity in wetlands or waters of the United States as described in 
paragraph (2) of this subsection unless such activity is undertaken 
pursuant to a permit issued by the Secretary or is otherwise authorized 
under this section.
    ``(2) For purposes of this section, the term `activity in wetlands 
or waters of the United States' means--
            ``(A) the discharge of dredged or fill material into waters 
        of the United States, including wetlands at a specific disposal 
        site; or
            ``(B) the draining, channelization, excavation, or flooding 
        of wetlands, construction of structures in and diversion of 
        water from wetlands or the conduct of any other activity which 
        adversely effects wetlands.
    ``(3) For purposes of this section, the term--
            ``(A) `wetlands' means those lands that meet the criteria 
        for delineation of lands as wetlands set forth in paragraph (2) 
        of subsection (g);
            ``(B) `Secretary' means the Secretary of the Army; and
            ``(C) `Director' means the Director of the United States 
        Fish and Wildlife Service.
    ``(b) Authorized Activities.--(1) The Secretary is authorized to 
issue permits authorizing activities described in subsection (a)(2) of 
this section in accordance with the requirements of this section.
    ``(2) Activities described in paragraph (2) of subsection (a) may 
be undertaken without a permit from the Secretary if those activities 
are authorized under subsections (e)(5) or (6) or are exempt from the 
requirements of this section under subsection (f) or other provisions 
of this section.
    ``(c) Wetlands Classification.--(1) Any person seeking to undertake 
activities in wetlands for which a permit is required under subsection 
(b) shall make application to the Secretary identifying the site of 
such activity and requesting that the Secretary determine, in 
accordance with paragraph (3) of this subsection, the classification of 
the wetlands in which such activity is proposed to occur. The applicant 
may also provide such additional information regarding such proposed 
activity as may be necessary or appropriate for purposes of determining 
the classification of such wetlands or whether and under what 
conditions the proposed activity may be permitted to occur.
    ``(2)(A) Except as provided in subparagraph (B) of this paragraph, 
within 90 days following the receipt of an application under paragraph 
(1), the Secretary shall provide notice to the applicant of the 
classification of the wetlands that are the subject of such application 
and shall state in writing the basis for such classification. The 
classification of the wetlands that are the subject of the application 
shall be determined by the Secretary in accordance with the 
requirements for classification of wetlands under paragraphs (3) and 
(5).
    ``(B) In the case of an application proposing activities located in 
wetlands that are the subject of an advance classification under 
subsection (h), the Secretary shall provide notice to the applicant of 
such classification within thirty days following the receipt of such 
application, and shall provide an opportunity for review of such 
classification under paragraphs (4) and (5) of this subsection.
    ``(3) Upon application under this subsection, the Secretary shall--
            ``(A) classify as type A wetlands those wetlands that are 
        of critical significance to the long-term conservation of the 
        ecosystem of which such wetlands are a part and which meet the 
        following requirements:
                    ``(i) such wetlands serve critical wetlands 
                functions, including the provision of critical habitat 
                for a concentration of avian, aquatic, or wetland 
                dependent wildlife;
                    ``(ii) such wetlands have an inlet or outlet for 
                relief of water flow; except that this requirement 
                shall not operate to preclude the classification as 
                type A wetlands lands containing prairie pothole 
                features, playa lakes, vernal pools, bogs, tidal 
                marshes, or permafrost tundra lakes if such lands 
                otherwise meet the requirements for type A 
                classification under this paragraph;
                    ``(iii) there exists a scarcity within the 
                watershed or aquatic ecosystem of identified ecological 
                functions served by such wetlands such that the use of 
                such wetlands for activities described in subsection 
                (a) would seriously jeopardize the availability of 
                these identified wetlands functions;
                    ``(iv) there is no emergency which requires the use 
                of such wetlands for purposes other than conservation;
                    ``(v) the nature and scope of wetlands functions 
                are such that minimization and compensation are not 
                feasible means for conserving wetlands values and 
                functions;
            ``(B) classify as type B wetlands those wetlands that 
        provide habitat for a significant population of avian, aquatic 
        or wetland dependent wildlife, or provide other significant 
        wetlands functions including significant enhancement or 
        protection of water quality, or significant natural flood 
        control; and
            ``(C) classify as type C wetlands all wetlands that--
                    ``(i) serve limited wetlands functions;
                    ``(ii) serve marginal wetlands functions but which 
                exist in such abundance that regulation of activities 
                in such wetlands is not necessary for conserving 
                important wetlands values and functions;
                    ``(iii) are fastlands; or
                    ``(iv) are wetlands within industrial complexes or 
                other intensely developed areas that do not serve 
                significant wetlands functions as a result of such 
                location.
    ``(4) Within 30 days of receipt of notice of an advance 
classification by the Secretary under paragraph (2)(B) of this 
subsection, an applicant may request the Secretary to make a de novo 
determination of the classification of wetlands that are the subject of 
such notice. Such de novo determination shall be made by the Secretary 
in consultation with the Director. The Secretary may sustain an advance 
classification made by the Director or may modify such classification 
if the Secretary determines, upon examination of all relevant 
information submitted by the applicant or otherwise available to the 
Secretary (including, if appropriate, an on-the-ground-examination), 
that--
            ``(A) the lands involved do not meet the standards and 
        criteria for delineating wetlands set forth in paragraph (2) of 
        subsection (g);
            ``(B) the weight of relevant information does not support 
        the determination of the advance classification with respect to 
        the specific wetlands involved;
            ``(C) the factual basis for such advance classification is 
        no longer valid; except that such change in factual 
        circumstances has not been caused by activities undertaken 
        without authorization by the Secretary as may have been 
        required under this section; or
            ``(D) the limitations on uses of the specific wetlands 
        involved that would be imposed by the Secretary under the 
        requirements of this section would effectively preclude 
        reasonable economic use of the wetlands.
    ``(5) In the event that the Secretary delegates authority to 
determine the classification of wetlands under paragraphs (3) and (4), 
the Secretary shall, by rule, provide for a right of appeal to the 
Secretary or his designee of the classification of wetlands under 
paragraph (3) or the de novo determination of a classification under 
paragraph (4).
    ``(d) Compensation for Landowners.--(1) Any person (including a 
State or political subdivision thereof) who owns an interest in lands 
that have been classified as type A wetlands by the Secretary under 
subsection (c) or by the Director under subsection (h) may, within 2 
years of receipt of actual notice of such classification (or within 2 
years following a de novo determination of such classification), notify 
the Secretary and the Director that such person is electing to seek 
compensation for the fair market value of such interests in lands at 
the time of such classification, in accordance with the requirements of 
this section. Fair market value may include reasonable attorneys fees 
and shall be calculated without regard to any diminution in value 
resulting from the applicability of this section.
    ``(2) Immediately upon receipt by the Secretary and the Director of 
notification of election to seek compensation under paragraph (1), the 
Director shall enter into good faith negotiations with the owner for 
purposes of determining the value of the interests in lands that have 
been classified as type A wetlands. Within three months after receipt 
of the notice of election by the landowner under paragraph (1), the 
Director shall make an offer of reasonable compensation to the owner.
    ``(3) Within 6 years of the date an offer for compensation is made 
under paragraph (2), the owner shall, in his or her discretion--
            ``(A) accept such offer of compensation;
            ``(B) file a claim for determination of value of 
        compensation with the United States Court of Federal Claims; or
            ``(C) advise the Director and the Secretary that he elects 
        to retain title to such wetlands and elects not to receive 
        compensation for the taking of land under this subsection.
Failure to provide notice in accordance with this paragraph shall be 
deemed an election not to receive compensation under this subsection.
    ``(4) Upon acceptance of an offer for compensation or the filing of 
a claim for compensation under paragraph (3), the classification as 
type A wetlands of the wetlands that are the subject of such offer or 
claim shall be binding upon the owner and any successor in interest, 
and the title to such lands shall pass to the United States. The 
classification of such lands as type A wetlands under this paragraph 
shall constitute a taking by the United States of the owner's interests 
in such lands and shall be compensable under the provisions of this 
subsection.
    ``(5) A taking under this subsection shall be deemed to be a taking 
of surface interests in lands only or water rights allocated under 
State law; except that (A) if the Secretary determines that the 
exploration for or development of oil and gas or mineral interests is 
not compatible with conservation of the surface interests in lands that 
have been classified as type A wetlands located above such oil and gas 
or mineral interests (or located adjacent to such oil and gas or 
mineral interests where such adjacent lands are necessary to provide 
reasonable access to such interests), the Secretary may classify such 
oil and gas or mineral interests as type A wetlands and notify the 
owner of such interests that the owner may elect to receive 
compensation for such interests under paragraph (1), and (B) the 
failure to provide reasonable access to oil and gas or mineral 
interests located beneath or adjacent to surface interests of type A 
wetlands shall be deemed a taking of such oil and gas or mineral 
interests.
    ``(6) The United States Court of Federal Claims shall have 
jurisdiction--
            ``(A) to determine the value of interests taken and the 
        fair compensation required under this subsection and the 
        Constitution of the United States;
            ``(B) in case of oil and gas or mineral interests, to 
        require the United States to provide reasonable access in, 
        across, or through lands that may be the subject of a taking 
        under this subsection solely for the purpose of undertaking 
        activity necessary to determine the value of the interests 
        taken; and
            ``(C) to provide other equitable remedies deemed 
        appropriate.
    ``(7) Any judgment rendered under paragraph (6) may be executed, at 
the election of the landowner, no later than two years after the date 
such judgment is rendered. The landowner may, prior to the execution of 
such judgment, enter into an agreement with the United States for 
satisfaction of such judgment through a crediting of tax benefits, 
acquisition of interests in oil and gas or minerals, an exchange of 
interests in lands with the United States or other means of 
compensation.
    ``(8)(A) The remedies for taking of interests in lands under this 
subsection shall not be construed to preempt, alter, or limit the 
availability of other remedies for the taking of interests in lands 
under the Constitution of the United States or State law, including the 
taking of rights to the use of water allocated under State law or the 
taking of interest in lands by denial of a permit under this section.
    ``(B) Any award of compensation for the taking of interest in lands 
by denial of a permit under this section shall be based upon the fair 
market value of such interests in lands at the time of such taking. 
Fair market value may include reasonable attorneys fees and shall be 
calculated without regard to any diminution in value resulting from the 
applicability of this section.
    ``(9) Interests in lands acquired by the United States under this 
subsection shall be managed by the United States Fish and Wildlife 
Service as a part of the National Wildlife Refuge System unless 
otherwise provided by the Director or by Act of Congress.
    ``(10) No action taken under this subsection shall be construed to 
alter or supersede requirements governing use of water applicable under 
State law.
    ``(e) Requirements Applicable to Permitted Activity.--(1) Following 
the determination of wetlands classification pursuant to subsection 
(c), and after compliance with the requirements of subsection (d) if 
applicable, the Secretary may issue or deny permits for authorization 
to undertake activities in wetlands, in accordance with the 
requirements of this subsection.
    ``(2) The Secretary shall deny a permit authorizing activities in 
type A wetlands unless the Secretary determines that--
            ``(A) such an activity can be undertaken with minimal 
        alteration or surface disturbance;
            ``(B) there are overriding public interest concerns that 
        require use of the lands for purposes other than conservation, 
        including--
                    ``(i) the likelihood that efforts to mitigate 
                adverse impacts through avoidance and minimization will 
                protect, enhance, or increase critical wetlands values 
                and functions; or
                    ``(ii) the lack of practical and feasible means for 
                accomplishing the project purpose at an alternative 
                location; or
            ``(C) the proposed use of the land, taking into account all 
        proposed mitigation, will result in overall environmental 
        benefits, including the prevention of wetlands loss.
Any permit issued authorizing activities in type A wetlands may contain 
such terms and conditions concerning mitigation (including those 
applicable under paragraph (3) for type B wetlands) that the Secretary 
deems appropriate to prevent the unacceptable loss or degradation of 
type A wetlands.
    ``(3)(A) The Secretary may issue a permit authorizing activities in 
type B wetlands subject to such terms and conditions as the Secretary 
finds are necessary to ensure that the watershed or aquatic ecosystem 
of which such wetlands are a part does not suffer significant loss or 
degradation of wetlands values and functions. In determining whether or 
not specific terms and conditions are necessary to avoid a significant 
loss of wetlands values and functions, the Secretary shall consider the 
following:
            ``(i) The quality and quantity of ecologically significant 
        functions served by the areas to be affected.
            ``(ii) The opportunities to reduce impacts through cost 
        effective design to avoid or minimize use of wetlands areas.
            ``(iii) The costs of mitigation requirements and the 
        social, recreational, and economic benefits associated with the 
        proposed activity, including local, regional, or national needs 
        for improved or expanded infrastructure.
            ``(iv) The ability of the permittee to mitigate wetlands 
        loss or degradation as measured by wetlands functions.
            ``(v) The environmental benefit, measured by wetlands 
        functions, that may occur through mitigation efforts, including 
        restoring, preserving, enhancing, or creating wetlands values 
        and functions.
            ``(vi) The marginal impact of the proposed activity on the 
        watershed of which such wetlands are a part.
    ``(B) In considering an application for activities on type B 
wetlands, the Secretary may require alternative site analyses for 
individual permit applications involving the alteration or permanent 
surface disturbance of 10 or more contiguous acres of wetlands. There 
shall be a rebuttable presumption that the project purpose as defined 
by the applicant shall be binding upon the Secretary. The definition of 
project purpose for projects sponsored by public agencies shall be 
binding upon the Secretary, subject to the authority of the Secretary 
to impose mitigation requirements to minimize impacts on wetlands 
values and functions, including cost effective redesign of projects to 
avoid wetlands areas.
    ``(C) Except as otherwise provided in this section, requirements 
for mitigation shall be imposed when the Secretary finds that 
activities undertaken under this section will result in the loss or 
degradation of type B wetlands functions and values where such loss or 
degradation is not a temporary or incidental impact. When determining 
mitigation requirements in any specific case, the Secretary shall take 
into consideration the type of wetlands affected, the character of the 
impact on ecological functions, whether any adverse effects on wetlands 
are of a permanent or temporary nature, and the cost effectiveness of 
such mitigation and shall seek to minimize the costs of such 
mitigation.
    ``(D) In accordance with subsection (i), the Secretary shall issue 
rules governing requirements for mitigation for activities occurring in 
type B wetlands that allow for--
            ``(i) minimization of impacts through project design, 
        including avoidance of specific wetlands impacts where 
        economically practicable and consistent with the project's 
        purpose, provisions for compensatory mitigation, if any, and 
        other terms and conditions necessary and appropriate in the 
        public interest;
            ``(ii) preservation or donation of type A wetlands or type 
        B wetlands (where title has not been acquired by the United 
        States and no compensation for the taking of such wetlands has 
        been provided) as mitigation for activities that alter or 
        degrade wetlands;
            ``(iii) enhancement or restoration of degraded wetlands as 
        compensation for wetlands lost or degraded through permitted 
        activity;
            ``(iv) compensation through contribution to a mitigation 
        banking program established for a State pursuant to 
        subparagraph (F);
            ``(v) offsite compensatory mitigation if such mitigation 
        contributes to the restoration, enhancement or creation of 
        significant wetlands values on a watershed or ecosystem-wide 
        basis and is balanced with the affects that the proposed 
        activity will have on the specific site; except that offsite 
        compensatory mitigation, if any, shall be required only within 
        the State within which the proposed activity is to occur, and 
        shall, to the extent practicable, be within the watershed 
        within which the proposed activity is to occur, unless 
        otherwise consistent with a State wetlands management plan;
            ``(vi) contribution of in-kind value acceptable to the 
        Secretary and otherwise authorized by law;
            ``(vii) in areas subject to wetlands loss, the construction 
        of coastal protection and enhancement projects;
            ``(viii) contribution of resources of more than one 
        permittee toward a single mitigation project; and
            ``(ix) other mitigation measures determined by the 
        Secretary to be appropriate in the public interest and 
        consistent with the requirements and purposes of this Act.
    ``(E) Notwithstanding the provisions of subparagraph (C), the 
Secretary may determine not to impose requirements for compensatory 
mitigation if the Secretary finds that--
            ``(i) the adverse impacts of a permitted activity are 
        limited;
            ``(ii) the failure to impose compensatory mitigation 
        requirements is compatible with maintaining wetlands functions 
        and values and no practicable and reasonable means of 
        mitigation is available;
            ``(iii) there is an abundance of similar significant 
        wetlands functions and values in or near the area in which the 
        proposed activity is to occur that will continue to serve the 
        functions lost or degraded as a result of such activity, taking 
        into account the impacts of such proposed activity and the 
        cumulative impacts of similar activity in the area; or
            ``(iv) the temporary character of the impacts and the use 
        of minimization techniques make compensatory mitigation 
        unnecessary to protect significant wetlands values.
    ``(F) The Secretary, in consultation with the Director, shall 
establish a mitigation banking program in each State. Such mitigation 
banking program shall be developed in consultation with the Director 
and the Governor of the State in which the wetlands covered by such 
mitigation banking program is located and, after approval by the 
Secretary, will be available to the Secretary as a means for ensuring 
compensation for loss and degradation of wetlands functions and values 
in such State in accordance with the requirements of this paragraph. 
The primary objective of such programs shall be to provide for the 
restoration, enhancement, or, where feasible, creation of ecologically 
significant wetlands on an ecosystem basis. Such programs shall--
            ``(i) provide a preference for larger scale projects, 
        unless the Secretary (or the Governor of a State that is 
        administering its own permit program under subsection (1)) 
        determines that a smaller project will contribute substantially 
        to the conservation, enhancement or restoration of ecologically 
        significant wetlands values and functions or that the 
        restoration of indigenous wetlands resources cannot be 
        accomplished through large-scale projects;
            ``(ii) authorize mitigation banks sponsored either by 
        private entities or public entities;
            ``(iii) provide for crediting of contributions to the 
        mitigation bank in land, cash, or in-kind contributions so that 
        persons unable to sponsor specific mitigation projects can 
        contribute to a State or privately maintained mitigation bank;
            ``(iv) have sufficient requirements to ensure completion, 
        maintenance and supervision for at least a 25-year period, 
including requirements for bonds or other evidence of financial 
responsibility;
            ``(v) authorize the imposition of bonding requirements on 
        private entities operating such banks;
            ``(vi) limit activities in or on wetlands that are part of 
        a mitigation bank to uses that are consistent with maintaining 
        or gaining significant wetlands values and functions; and
            ``(vii) authorize a credit to be provided on an acre-for-
        acre or value-for-value basis for type A and B wetlands that 
        are permanently protected in national conservation units in 
        States that have converted less than 10 percent of their 
        State's historic wetlands base.
    ``(4)(A) In the case of any application for authorization to 
undertake activities in wetlands that are not eligible for treatment on 
an expedited basis pursuant to paragraph (5) of this subsection, final 
action by the Secretary shall occur within 6 months following the date 
such application is filed, unless--
            ``(i) the Secretary and the applicant agree that such final 
        action shall occur within a shorter or longer period of time;
            ``(ii) the Secretary determines that an additional, 
        specified period of time is necessary to permit the Secretary 
        to comply with other applicable Federal law; or
            ``(iii) the Secretary, within 15 days from the date such 
        application is received, notifies the applicant that such 
        application does not contain all information necessary to allow 
        the Secretary to consider such application and identifies any 
        necessary additional information, in which case, the provisions 
        of subparagraph (B) shall apply.
    ``(B) Upon the receipt of a request for additional information 
under subparagraph (A)(iii), the applicant shall supply such additional 
information and shall advise the Secretary that the application 
contains all requested information and is therefore complete. The 
Secretary may--
            ``(i) within 30 days of the receipt of notice of the 
        applicant that the application is complete, determine that the 
        application does not contain all requested additional 
        information and, on that basis, deny the application without 
        prejudice to resubmission; or
            ``(ii) within 6 months from the date that the applicant 
        provides notification to the Secretary that the application is 
        complete, review the application and take final action.
    ``(C) If the Secretary fails to take final action on an application 
under this paragraph within 6 months from the date that the applicant 
provides notification to the Secretary that such application is 
complete, a permit shall be presumed to be granted authorizing the 
activities proposed in such application under such terms and conditions 
as are stated in such completed application.
    ``(D) Within 60 days from the date of decision of the Secretary 
denying an application under this paragraph, the applicant may appeal 
such decision to the Secretary of Defense or his designee. Upon such an 
appeal, the Secretary must prove by clear and convincing evidence that 
granting the permit requested in such application would be inconsistent 
with the provisions of this section.
    ``(5)(A) Activities in wetlands that have been classified as type C 
wetlands by the Secretary or the Director may be undertaken without 
authorization required under subsection (b) of this section.
    ``(B) The Secretary may establish requirements for reporting 
activities undertaken in type C wetlands.
    ``(C) No requirements for alternative site analyses or mitigation 
of environmental impacts shall apply for activities undertaken in type 
C wetlands.
    ``(6) The Secretary may, by rule in accordance with subsection (i), 
issue general permits on a State, regional, or nationwide basis for any 
category of activities involving activities described in section (a) of 
this section in wetlands if the Secretary determines that such 
activities are similar in nature and that such activities, when 
performed separately and cumulatively, will not result in the 
significant loss of ecologically significant wetlands values and 
functions. Permits issued under this subsection shall include 
procedures for expedited review of eligibility for such permits (if 
such review is required) and may include requirements for reporting and 
mitigation. Requirements for compensatory mitigation for such permits 
may be imposed where necessary to avoid or minimize the significant 
loss or degradation of significant wetlands values and functions where 
such loss or degradation is not a temporary or incidental impact. 
Nationwide, general or regional permits in effect on the date of the 
enactment of the Comprehensive Wetlands Conservation and Management Act 
of 1995 shall remain in effect until otherwise modified by the 
Secretary.
    ``(f) Activities Not Requiring Permit.--(1) Except as provided in 
paragraph (3) of this subsection, activities undertaken in wetlands are 
exempt from the requirements of this section and are not prohibited by 
or otherwise subject to regulation under this section or section 301 or 
402 of this Act (except effluent standards or prohibitions under 
section 307 of this Act), if such activities--
            ``(A) result from normal farming, silviculture, 
        aquaculture, and ranching activities and practices, such as 
        plowing, seeding, cultivating, minor drainage, burning of 
        vegetation in connection with such activities, harvesting for 
        the production of food, fiber, and forest products, or upland 
        soil and water conservation practices;
            ``(B) are for the purpose of maintenance, including 
        emergency reconstruction of recently damaged parts of currently 
        serviceable structures such as dikes, dams, levees, water 
        control structures, groins, riprap, breakwaters, causeways, and 
        bridge abutments or approaches, and transportation structures;
            ``(C) are for the purpose of construction or maintenance of 
        farm, stock or aquaculture ponds or irrigation canals and 
        ditches, or the maintenance of drainage ditches;
            ``(D) are for the purpose of construction of temporary 
        sedimentation basins on a construction site which does not 
        include placement of fill material into the navigable waters;
            ``(E) are for the purpose of construction or maintenance of 
        farm roads or forest roads, or temporary roads for moving 
        mining equipment if such roads are constructed and maintained, 
        in accordance with best management practices, to assure that 
        flow and circulation patterns and chemical and biological 
        characteristics of the waters are not impaired, that the reach 
        of the waters is not reduced, and that any adverse effect on 
        the aquatic environment will be otherwise minimized;
            ``(F) are undertaken on farmed wetlands, except that any 
        change in use of such land for the purpose of undertaking 
        activities that are not exempt from regulation under this 
        subsection shall be subject to the requirements of this section 
        to the extent that such farmed wetlands are `wetlands' under 
        paragraph (2) of subsection (g);
            ``(G) result from any activity with respect to which a 
        State has an approved program under section 208(b)(4) of this 
        Act which meets the requirements of subparagraphs (B) and (C) 
        of such section;
            ``(H) are consistent with a State or local land management 
        plan submitted to the Secretary and approved pursuant to 
        paragraph (2);
            ``(I) are undertaken in connection with a marsh management 
        and conservation program in a coastal parish in the State of 
        Louisiana where such program has been approved by the Governor 
        of such State or the designee of the Governor;
            ``(J) are undertaken on lands or involve activities within 
        a State's coastal zone which are excluded from regulation under 
        a State coastal zone management program approved under the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1451, et seq.);
            ``(K) are undertaken in incidentally created wetlands, 
        unless such incidentally created wetlands have exhibited 
        wetlands functions and values for more than five years in which 
        case activities undertaken in such wetlands shall be subject to 
        the requirements of this section;
            ``(L) are part of expanding an ongoing farming operation 
        involving the water dependent, obligate crop Vaccinium 
        macrocarpin, so long as such expansion does not occur in type A 
        wetlands, does not result in the conversion of more than 10 
        acres of wetlands per operator per year, and the converted 
        wetlands (other than where dikes and other necessary facilities 
        are placed) remain as wetlands or other waters of the United 
        States; or
            ``(M) result from aggregate or clay mining activities in 
        wetlands conducted pursuant to a State or Federal permit that 
        requires the reclamation of such affected wetlands.
Conditions of reclamation shall include that for any site, such 
reclamation shall be completed within 5 years of the commencement of 
activities at such site and that upon completion of such reclamation, 
such wetlands shall support wetlands functions and values equivalent to 
the functions and values supported by such wetlands at the time of 
commencement of such activities.
    ``(2) Any State or political subdivision thereof acting pursuant to 
State authorization may develop a land management plan with respect to 
lands that include identified wetlands. The State or local government 
agency may submit any such plan to the Secretary for review and 
approval. The Secretary shall, within sixty days, notify in writing the 
designated State or local official of approval or disapproval of any 
such plan. The Secretary shall approve any plan that is consistent with 
the objectives and policies of this section. No person shall be 
entitled to judicial review of the decision of the Secretary to approve 
or disapprove a land management plan under this paragraph. Nothing in 
this paragraph shall be construed to alter, limit or supersede the 
authority of a State or political subdivision thereof to establish land 
management plans for purposes other than the provisions of this 
subsection.
    ``(g) Rules for Delineating Wetlands.--(1) The Secretary is 
authorized and directed to establish standards, by rule in accordance 
with subsection (i), that shall govern the delineation of lands as 
`wetlands' for purposes of this section. Such rules shall be 
established after consultation with other agencies of the United 
States, including the United States Fish and Wildlife Service, the 
Environmental Protection Agency, and the United States Natural 
Resources Conservation Service, and shall be binding on all Federal 
agencies in connection with the administration or implementation of any 
provision of this section. The standards for delineation of wetlands 
and any decision of the Secretary, the Director, or any other Federal 
officer or agency made in connection with the administration of this 
section shall comply with the requirements for delineation of wetlands 
set forth in paragraph (2) of this subsection.
    ``(2)(A) The standards established by rule or applied in any case 
for purposes of this section shall ensure that lands are delineated as 
wetlands only if such lands are found to be `wetlands' under section 
502 of this Act, except that such standards may not--
            ``(i) result in the delineation of lands as wetlands unless 
        clear evidence of wetlands hydrology, hydrophytic vegetation, 
        and hydric soil are found to be present during the period in 
        which such delineation is made, which delineation shall be 
        conducted during the growing season unless otherwise requested 
        by the applicant;
            ``(ii) result in the classification of vegetation as 
        hydrophytic if such vegetation is equally adapted to dry or wet 
        soil conditions or is more typically adapted to dry soil 
        conditions than to wet soil conditions;
            ``(iii) result in the classification of lands as wetlands 
        unless some obligate wetlands vegetation is found to be present 
        during the period of delineation; except that if such 
        vegetation has been removed for the purpose of evading 
        jurisdiction under this section, this clause shall not apply;
            ``(iv) result in the conclusion that wetlands hydrology is 
        present unless water is found to be present at the surface of 
        such lands for at least 21 consecutive days during the growing 
        season in which such delineation is made and for 21 consecutive 
        days in the growing seasons in a majority of the years for 
        which records are available; and
            ``(v) result in the classification of lands as wetlands 
        that are temporarily or incidentally created as a result of 
        adjacent development activity.
    ``(B) In addition to the requirements of subparagraph (A), any 
standards established by rule or applied to delineate wetlands for 
purposes of this section shall provide that `normal circumstances' 
shall be determined on the basis of the factual circumstances in 
existence at the time a classification is made under subsection (h) or 
at the time of application under subsection (e), whichever is 
applicable, if such circumstances have not been altered by an activity 
prohibited under this section.
    ``(h) United States Fish and Wildlife Service Wetlands 
Identification and Classification Project.--(1) The Director, in 
concurrence with the Chief of the Natural Resources Conservation 
Service, shall undertake a project to identify and classify wetlands in 
the United States. The Director shall complete such project not later 
than 10 years after the date of the enactment of the Comprehensive 
Wetlands Conservation and Management Act of 1995.
    ``(2) In conducting the project under this section, the Director 
shall identify and classify wetlands in accordance with standards for 
delineation of wetlands established by the Secretary under subsection 
(g) of this section.
    ``(3) In conducting the project under this section, the Director 
shall provide notice and an opportunity for a public hearing in each 
county, parish or borough of a State before completion of 
identification and classification of wetlands in such county, parish, 
or borough.
    ``(4) Promptly after completion of identification and 
classification of wetlands in a county, parish, or borough under this 
section, the Director shall publish information on such identification 
and classification in the Federal Register and in publications of wide 
circulation and take other steps reasonably necessary to ensure that 
such information is available to the public.
    ``(5) The Director shall report to Congress on implementation of 
the project to be conducted under this section not later than 2 years 
after the date of the enactment of the Comprehensive Wetlands 
Conservation and Management Act of 1995 and annually thereafter.
    ``(6) Any classification of lands as wetlands under this section 
shall, to the fullest extent practicable, be recorded on the property 
records in the county, parish or borough in which such wetlands are 
located.
    ``(i) Administrative Provisions.--(1) Not later than 1 year after 
the date of the enactment of the Comprehensive Wetlands Conservation 
and Management Act of 1995, the Secretary shall, after notice and 
opportunity for comment, issue (in accordance with section 553 of title 
5 of the United States Code and as otherwise required under this 
section), final rules and regulations for the issuance of permits. Such 
rules and regulations shall, in accordance with this section, provide--
            ``(A) standards and procedures for the classification and 
        delineation of wetlands and procedures for administrative 
        review of any such classification or delineation;
            ``(B) standards and procedures for the review of State or 
        local land management plans and State programs for the 
        regulation of wetlands;
            ``(C) for the issuance of general, nationwide, or regional 
        permits;
            ``(D) standards and procedures for the individual permit 
        applications under this section;
            ``(E) for enforcement of this section;
            ``(F) any other rules and regulations that the Secretary 
        deems necessary or appropriate to implement the requirements of 
        this section;
            ``(G) standards and procedures for administrative appeals 
        of actions by the Secretary denying applications for permits 
        under subsection (b) or issuing such permits subject to 
        conditions; and
            ``(H) requirements governing the establishment of 
        mitigation banks.
    ``(2) Any judicial review of final regulations issued pursuant to 
this section and the Secretary's denial of any petition for the 
issuance, amendment, or repeal of any regulation under this section 
shall be in accordance with sections 701 through 706 of title 5 of the 
United States Code; except that a petition for review of action of the 
Secretary in issuing any regulation or requirement under this section 
or denying any petition for the issuance, amendment, or repeal of any 
regulation under this section may be filed only in the United States 
Court of Appeals for the District of Columbia, and such petition shall 
be filed within ninety days from the date of such issuance or denial or 
after such date if such petition for review is based solely on grounds 
arising after such ninetieth day. Action of the Secretary with respect 
to which review could have been obtained under this subsection shall 
not be subject to judicial review in civil or criminal proceedings for 
enforcement.
    ``(3) The Secretary shall, within 90 days after the date of the 
enactment of the Comprehensive Wetlands Conservation and Management Act 
of 1995, issue interim rules and regulations consistent with this 
section to take effect immediately. Notice of the interim regulations 
shall be published in the Federal Register, and such regulations shall 
be binding until the issuance of final regulations pursuant to 
paragraph (1); except that the Secretary shall provide adequate 
procedures for waiver of any provisions of such interim regulations to 
avoid special hardship, inequity, or unfair distribution of burdens or 
to advance the purposes of this section.
    ``(4) Except where otherwise expressly provided in this section, 
the Secretary shall administer this section. The Secretary or any other 
Federal officer or agency in which any function under this section is 
vested or delegated is authorized to perform any and all acts 
(including appropriate enforcement activity), and to prescribe, issue, 
amend, or rescind such rules or orders as such officer or agency may 
find necessary or appropriate with this subsection, subject to the 
requirements of this subsection.
    ``(j) Violations.--(1) Whenever, on the basis of reliable and 
substantial information and after reasonable inquiry, the Secretary 
finds that any person is or may be in violation of this section or of 
any condition or limitation set forth in a permit issued by the 
Secretary under this section, the Secretary shall issue an order 
requiring such persons to comply with this section or with such 
condition or limitation or the Secretary shall bring a civil action in 
accordance with paragraph (3).
    ``(2) A copy of any order issued under this subsection shall be 
sent immediately by the Secretary to the Governor of the State in which 
the violation occurs and the Governors of other affected States. Any 
order issued under this subsection shall be by personal service to the 
appropriate person or corporate officer and shall state with reasonable 
specificity the nature of the asserted violation, and specify a time 
for compliance, not to exceed 30 days, which the Secretary determines 
is reasonable taking into account the seriousness of the asserted 
violation and any good faith efforts to comply with applicable 
requirements; except that if the person receiving notice of the 
asserted violation disputes the Secretary's determination and so 
notifies the Secretary in writing within 90 days of receipt of the 
Secretary's notice, the Secretary shall within 60 days after receiving 
notice of a dispute of an asserted violation, or within 150 days from 
the date of notification of violation by the Secretary if no notice of 
a dispute is received (or after serving notice, unless otherwise agreed 
to by the parties) prosecute a civil action in accordance with 
paragraph (3) or rescind such order and be estopped from any further 
enforcement proceedings for the same asserted violation.
    ``(3) The Secretary is authorized to commence a civil action for 
appropriate relief, including a permanent or temporary injunction, for 
any violation for which the Secretary is authorized to issue a 
compliance order under paragraph (1) of this subsection. Any action 
under this paragraph may be brought in the district court of the United 
States for the district in which the defendant is located or resides or 
is doing business, and such court shall have jurisdiction to restrain 
such violation and to require compliance. Notice of the commencement of 
such action shall be given immediately to the appropriate State.
    ``(4) Any person who violates any condition or limitation in a 
permit issued by the Secretary under this section, and any person who 
violates any order issued by the Secretary under paragraph (1) of this 
subsection shall be subject to a civil penalty not to exceed $25,000 
per day for each violation commencing on the day following expiration 
of the time allowed for compliance. The amount of the fine imposed per 
day shall be in proportion to the scale or scope of the project. In 
determining the amount of a civil penalty the court shall consider the 
seriousness of the violation or violations, the economic benefit (if 
any) resulting from the violation, any history of such violations, any 
good-faith efforts to comply with the applicable requirements, the 
economic impact of the penalty on the violator, and such other matters 
as justice may require.
    ``(k) State Authority to Control Discharges.--Nothing in the 
section shall preclude or deny the right of any State or interstate 
agency to control activities in waters within the jurisdiction of such 
State, including any activity of any Federal agency, and each such 
agency shall comply with such State or interstate requirements both 
substantive and procedural to control such activities to the same 
extent that any person is subject to such requirements. This section 
shall not be construed as affecting or impairing the authority of the 
Secretary to maintain navigation.
    ``(l) State Regulation of Wetlands.--(1) The Governor of any State 
desiring to administer its own individual and general permit program 
for activities covered by this section within its jurisdiction may 
submit to the Secretary a description of the program it proposes to 
establish and administer under State law or under an interstate 
compact. In addition, such State shall submit a statement from the 
chief legal officer in the case of the State or interstate agency, that 
the laws of such State, or the interstate compact, as the case may be, 
provide adequate authority to carry out the described program.
    ``(2) Not later than 1 year after the date of the receipt by the 
Secretary of a program and statement submitted by any State under 
paragraph (1), the Secretary shall determine whether such State has the 
following authority with respect to the issuance of permits pursuant to 
such program:
            ``(A) to issue permits which--
                    ``(i) apply, and assure compliance with, any 
                applicable requirements of this section; and
                    ``(ii) can be terminated or modified for cause, 
                including--
                            ``(I) violation of any condition of the 
                        permit;
                            ``(II) obtaining a permit by 
                        misrepresentation, or failure to disclose fully 
                        all relevant facts; or
                            ``(III) change in any condition that 
                        requires either a temporary or permanent 
                        reduction or elimination of the permitted 
                        activity;
            ``(B) to issue permits which apply, and ensure compliance 
        with, all applicable requirements of section 308 of this Act or 
        to inspect, monitor, enter, and require reports to at least the 
        same extent as required in section 308 of this Act;
            ``(C) to ensure that the public, and any other State the 
        waters of which may be affected, receive notice of each 
        application for a permit and to provide an opportunity for 
        public hearing before a ruling on each such application;
            ``(D) to ensure that the Secretary receives notice of each 
        application for a permit and that, prior to any action by the 
        State, both the applicant for the permit and the State have 
        received from the Secretary information with respect to any 
        advance classification applicable to wetlands that are the 
        subject of such application;
            ``(E) to ensure that any State (other than the permitting 
        State) whose waters may be affected by the issuance of a permit 
        may submit written recommendation to the permitting State with 
        respect to any permit application and, if any part of such 
        written recommendations are not accepted by the permitting 
        State, that the permitting State will notify such affected 
        State (and the Secretary) in writing of its failure to so 
        accept such recommendations together with its reasons for doing 
        so; and
            ``(F) to abate violations of the permit or the permit 
        program, including civil and criminal penalties and other ways 
        and means of enforcement.
    ``(3) If, with respect to a State program submitted under paragraph 
(1) of this section, the Secretary determines that such State--
            ``(A) has the authority set forth in paragraph (2), the 
        Secretary shall approve the program and so notify such State 
        and suspend the issuance of permits under subsection (b) for 
        activities with respect to which a permit may be issued 
        pursuant to such State program; or
            ``(B) does not have the authority set forth in paragraph 
        (2) of this subsection, the Secretary shall so notify such 
        State and provide a description of the revisions or 
        modifications necessary so that such State may resubmit such 
        program for a determination by the Secretary under this 
        subsection.
    ``(4) If the Secretary fails to make a determination with respect 
to any program submitted by a State under this subsection within 1 year 
after the date of receipt of such program, such program shall be deemed 
approved pursuant to paragraph (3)(A) and the Secretary shall so notify 
such State and suspend the issuance of permits under subsection (b) for 
activities with respect to which a permit may be issued by such State.
    ``(5) After the Secretary approves a State permit program under 
paragraph (3)(A) or (4), the Secretary shall transfer any applications 
for permits pending before the Secretary for activities with respect to 
which a permit may be issued pursuant to such State program to such 
State for appropriate action.
    ``(6) Upon notification from a State with a permit program approved 
under this subsection that such State intends to administer and enforce 
the terms and conditions of a general permit issued by the Secretary 
under subsection (e) with respect to activities in such State to which 
such general permit applies, the Secretary shall suspend the 
administration and enforcement of such general permit with respect to 
such activities.
    ``(7) Whenever the Secretary determines after public hearing that a 
State is not administering a program approved under paragraph (3)(A) in 
accordance with this section, the Secretary shall notify the State and, 
if appropriate corrective action is not taken within a reasonable time, 
not to exceed ninety days after the date of the receipt of such 
notification, the Secretary shall--
            ``(A) withdraw approval of such program until the Secretary 
        determines such corrective action has been taken; and
            ``(B) resume the program for the issuance of permits under 
        subsections (b) and (e) for all activities with respect to 
        which the State was issuing permits until such time as the 
        Secretary makes the determination described in paragraph (2) 
        and such State again has an approved program.
    ``(m) Availability.--A copy of each permit application and each 
permit issued under this section shall be available to the public. Such 
permit application or portion thereof shall further be available on 
request for the purpose of reproduction.
    ``(n) Compliance.--Compliance with a permit issued pursuant to this 
section, including any activity carried out pursuant to a general 
permit issued under this section, shall be deemed in compliance, for 
purposes of sections 309 and 505, with sections 301, 307, and 403.
    ``(o) Special Rules.--After the effective date of this section 
under section 6 of the Comprehensive Wetlands Conservation and 
Management Act of 1995, no permit for any activity described in 
subsection (a) may be issued except in accordance with this section. 
Any permit for an activity described in subsection (a) issued under 
this section prior to such effective date shall be deemed to be a 
permit under this section and shall continue in force and effect for 
the term of the permit unless revoked, modified, or suspended in 
accordance with this section. Any application for a permit for such an 
activity pending under this section on such effective date shall be 
deemed to be an application for a permit under this section.
    ``(p) Limitation on Fees.--Any fee charged in connection with the 
delineation or classification of wetlands, an application for a permit 
authorizing an activity described in subsection (a), or any other 
action taken in compliance with the requirements of this section (other 
than fines for violation under subsection (i)) shall not exceed the 
amount in effect for such fee on January 1, 1990.''.

SEC. 4. DEFINITIONS.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 
1362) is amended by adding at the end thereof the following new 
paragraphs:
    ``(21) The term `wetlands' means lands which have a predominance of 
hydric soils and which are inundated by surface water at a frequency 
and duration sufficient to support, and that under normal circumstances 
do support, a prevalence of vegetation typically adapted for life in 
saturated soil conditions. Wetlands generally include swamps, marshes, 
bogs, and similar areas.
    ``(22) The term `creation of wetlands' means an activity that 
brings a wetland into existence at a site where it did not formerly 
occur for the purpose of compensation.
    ``(23) The term `enhancement of wetlands' means any activity that 
increases the value of one or more functions in existing wetlands.
    ``(24) The term `fastlands' means lands located behind permitted 
man-made structures, such as levees constructed and maintained to 
permit the utilization of such lands for commercial, industrial or 
residential purposes consistent with local land use planning 
requirements.
    ``(25) The term `wetlands functions' means the roles wetlands serve 
which are of value including flood water storage, flood water 
conveyance, ground water discharge, erosion control, wave attenuation, 
water quality protection, scenic and aesthetic use, food chain support, 
fisheries, wetlands plant habitat, aquatic habitat, and habitat for 
wetland dependent wildlife.
    ``(26) The term `growing seasons' means, for each plant hardiness 
zone, the period between the average date of last frost in spring and 
the average date of first frost in autumn.
    ``(27) The term `incidentally created wetlands' means lands that 
exhibit wetlands characteristics sufficient to meet the criteria for 
delineation of wetlands, where one or more of such characteristics is 
the unintended result of human induced alterations of hydrology.
    ``(28) The term `maintenance' means activities undertaken to assure 
continuation of a wetland or the accomplishment of project goals after 
a restoration or creation project has been technically completed, 
including water level manipulations and control of nonnative plant 
species.
    ``(29) The term `mitigation banking' means wetlands restoration, 
enhancement, preservation or creation for the purpose of providing 
compensation for wetland degradation or loss.
    ``(30) The term `normal farming, silviculture, aquaculture and 
ranching activities' includes activities such as plowing, seeding, 
cultivating, haying and grazing, fencing, minor drainage, 
brushclearing, harvesting, construction and maintenance of farm or 
stock ponds and farm roads, construction, maintenance and replacement 
of irrigation systems, mechanized maintenance and replacement of 
drainage tiles and ditches, protection from flooding of lands on which 
the activities are being conducted, the implementation and maintenance 
of soil and water conservation practices and other activities related 
to the operation, maintenance, and management of ongoing farming, 
ranching, aquaculture, and silviculture operations engaged in the 
production of food, fiber, and forest products.
    ``(31) The term `prior converted cropland' means land (other than 
wetlands or waters of the United States) that was manipulated (drained 
or otherwise physically altered to remove excess water from the land) 
or intensely managed or cropped for the purpose of agriculture 
production before the date of the enactment of this paragraph.
    ``(32) The term `restoration' in reference to wetlands means an 
activity undertaken to return a wetland from a disturbed or altered 
condition with lesser acreage or fewer functions to a previous 
condition with greater wetlands acreage or functions.
    ``(33) The term `temporary impact' means the disturbance or 
alteration of wetlands caused by activities under circumstances in 
which, within 3 years following the commencement of such activities, 
such wetlands--
            ``(A) are returned to the conditions in existence prior to 
        the commencement of such activity; or
            ``(B) display conditions sufficient to ensure, that without 
        further human action, such wetlands will return to the 
        conditions in existence prior to the commencement of such 
        activity.''.

SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.--

    Section 309 of the Federal Water Pollution Control Act (33 U.S.C. 
1319) is amended--
            (1) by striking ``or 404'' in subsection (a)(1);
            (2) by striking ``or in a permit issued under section 404 
        of this Act by a State'' in subsection (a)(3);
            (3) by striking ``, or in a permit issued under section 404 
        of this Act by a State,'' in subsection (d);
            (4) by striking ``--'' and all that follows through ``(A)'' 
        in subsection (g)(1);
            (5) by striking ``or in a permit issued under section 404 
        by a State, or'' in subsection (g)(1)(A);
            (6) by striking ``(B)'' and all that follows through ``as 
        the case may be,'' and inserting ``the Administrator'' in 
        subsection (g)(1); and
            (7) by striking ``or Secretary'', ``or the Secretary'', 
        ``or the Secretary, as the case may be,'', ``or Secretary's'', 
        and ``and the Secretary'' each place they appear.

SEC. 6. EFFECTIVE DATE.

    This Act, including the amendments made by this Act, shall be 
effective on the 90th day following the date of its enactment.
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