HOUSE OF REPRESENTATIVES

673

1995 T63.15

SEC. 813. WETLANDS MONITORING AND RESEARCH.

Section 404 (33 U.S.C. 1344) is further

amended by adding at the end the following:

‘‘(z) The Secretary, in cooperation with the

Administrator, the Secretary of Agriculture,

the Director of the United States Fish and

Wildlife Service, and appropriate State and

local government entities, shall initiate,

with opportunity for public notice and comment, a research program of wetlands and

watershed management. The purposes of the

research program shall include, but not be

limited—

‘‘(1) to study the functions, values and

management needs of altered, artificial, and

managed wetland systems including lands

that were converted to production of commodity crops prior to December 23, 1985, and

report to Congress within 2 years of the date

of the enactment of this subsection;

‘‘(2) to study techniques for managing and

restoring wetlands within a watershed context;

‘‘(3) to study techniques for better coordinating and integrating wetland, floodplain,

stormwater, point and nonpoint source pollution controls, and water supply planning

and plan implementation on a watershed

basis at all levels of government; and

‘‘(4) to establish a national wetland regulatory tracking program on a watershed

basis.

This program shall track the individual and

cumulative impact of permits issued pursuant to section 404(a), 404(e), and 404(h) in

terms of types of permits issued, conditions,

and approvals. The tracking program shall

also include mitigation required in terms of

the amount required, types required, and

compliance.’’.

SEC. 814. ADMINISTRATIVE APPEALS.

Section 404 (33 U.S.C. 1344) is further

amended by adding at the end the following:

‘‘(aa) ADMINISTRATIVE APPEALS.—

‘‘(1) REGULATIONS ESTABLISHING PROCEDURES.—Not later than 1 year after the date

of the enactment of the Wetlands and Watershed Management Act of 1995, the Secretary

shall, after providing notice and opportunity

for public comment, issue regulations establishing procedures pursuant to which—

‘‘(A) a landowner may appeal a determination of regulatory jurisdiction under this

section with respect to a parcel of the landowner’s property;

‘‘(B) a landowner may appeal a wetlands

classification under this section with respect

to a parcel of the landowner’s property;

‘‘(C) any person may appeal a determination that the proposed activity on the landowner’s property is not exempt under subsection (f);

‘‘(D) a landowner may appeal a determination that an activity on the landowner’s

property does not qualify under a general

permit issued under this section;

‘‘(E) an applicant for a permit under this

section may appeal a determination made

pursuant to this section to deny issuance of

the permit or to impose a requirement under

the permit; and

‘‘(F) a landowner or any other person required to restore or otherwise alter a parcel

of property pursuant to an order issued

under this section may appeal such order.

‘‘(2) DEADLINE FOR FILING APPEAL.—An appeal brought pursuant to this subsection

shall be filed not later than 30 days after the

date on which the decision or action on

which the appeal is based occurs.

‘‘(3) DEADLINE FOR DECISION.—An appeal

brought pursuant to this subsection shall be

decided not later than 90 days after the date

on which the appeal is filed.

‘‘(4) PARTICIPATION IN APPEALS PROCESS.—

Any person who participated in the public

comment process concerning a decision or

action that is the subject of an appeal

brought pursuant to this subsection may

participate in such appeal with respect to

those issues raised in the person’s written

public comments.

‘‘(5) DECISIONMAKER.—An appeal brought

pursuant to this subsection shall be heard

and decided by an appropriate and impartial

official of the Federal Government, other

than the official who made the determination or carried out the action that is the subject of the appeal.

‘‘(6) STAY OF PENALTIES AND MITIGATION.—A

landowner or any other person who has filed

an appeal under this subsection shall not be

required to pay a penalty or perform mitigation or restoration assessed under this section or section 309 until after the appeal has

been decided.’’.

SEC. 815. CRANBERRY PRODUCTION.

Section 404 (33 U.S.C. 1344) is further

amended by adding at the end the following:

‘‘(bb) CRANBERRY PRODUCTION.—Activities

associated with expansion, improvement, or

modification of existing cranberry production operations shall be deemed in compliance, for purposes of sections 309 and 505,

with section 301, if—

‘‘(1) the activity does not result in the

modification of more than 10 acres of wetlands per operator per year and the modified

wetlands (other than where dikes and other

necessary facilities are placed) remain as

wetlands or other waters of the United

States; or

‘‘(2) the activity is required by any State

or Federal water quality program.’’.

SEC. 816. STATE CLASSIFICATION SYSTEMS.

Section 404 (33 U.S.C. 1344) is further

amended by adding at the end the following:

‘‘(cc) STATE CLASSIFICATION SYSTEMS.—

‘‘(1) GUIDELINES.—Not later than 1 year

after the date of the enactment of this subsection, the Secretary, in consultation with

the Administrator, the Secretary of Agriculture, and the Director of the United

States Fish and Wildlife Service, shall establish guidelines to aid States and Indian

tribes in establishing classification systems

for the planning, managing, and regulating

of wetlands.

‘‘(2) ESTABLISHMENT.—In accordance with

the guidelines established under paragraph

(1), a State or Indian tribe may establish a

wetlands classification system for lands of

the State or Indian tribe and may submit

such classification system to the Secretary

for approval. Upon approval, the Secretary

shall use such classification system in making permit determinations and establishing

mitigation requirements for lands of the

State or Indian tribe under this section.

‘‘(3) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this subsection shall be

construed to affect a State with an approved

program under subsection (h) or a State with

a wetlands classification system in effect on

the date of the enactment of this subsection.’’.

SEC. 817. DEFINITIONS.

Section 502 (33 U.S.C. 1362) is amended by

adding at the end the following:

‘‘(26) The term ‘wetland’ means those areas

that are inundated or saturated by surface

water or ground water at a frequency and duration sufficient to support, and that under

normal circumstances do support, a prevalence of vegetation typically adapted to life

in saturated soil conditions.

‘‘(27) The term ‘discharge of dredged or fill

material’ means the act of discharging and

any related act of filling, grading, draining,

dredging, excavation, channelization, flooding, clearing of vegetation, driving of piling

or placement of other obstructions, diversion

of water, or other activities in navigable waters which impair the flow, reach, or circulation of surface water, or which result in a

more than minimal change in the hydrologic

regime, bottom contour, or configuration of

such waters, or in the type, distribution, or

diversity of vegetation in such waters.

‘‘(28) The term ‘mitigation bank’ shall

mean wetland restoration, creation, or enhancement projects undertaken primarily

for the purpose of providing mitigation compensation credits for wetland losses from future activities. Often these activities will be,

as yet, undefined.

‘‘(29) The term ‘cooperative mitigation

ventures’ shall mean wetland restoration,

creation, or enhancement projects undertaken jointly by several parties (such as private, public, and nonprofit parties) with the

primary goal of providing compensation for

wetland losses from existing or specific proposed activities. Some compensation credits

may also be provided for future as yet undefined activities. Most cooperative mitigation

ventures will involve at least one private and

one public cooperating party.

‘‘(30) The term ‘normal farming,

silviculture, aquaculture and ranching activities’ means normal practices identified

as such by the Secretary of Agriculture, in

consultation with the Cooperative Extension

Service for each State and the land grant

university system and agricultural colleges

of the State, taking into account existing

practices and such other practices as may be

identified in consultation with the affected

industry or community.

‘‘(31) The term ‘agricultural land’ means

cropland, pastureland, native pasture, rangeland, an orchard, a vineyard, nonindustrial

forest land, an area that supports a water dependent crop (including cranberries, taro,

watercress, or rice), and any other land used

to produce or support the production of an

annual or perennial crop (including forage or

hay), aquaculture product, nursery product,

or wetland crop or the production of livestock.’’.

TITLE IX—MISCELLANEOUS

SEC. 901. OBLIGATIONS AND EXPENDITURES SUBJECT TO APPROPRIATIONS.

No provision or amendments of this Act

shall be construed to make funds available

for obligation or expenditure for any purpose

except to the extent provided in advance in

appropriation Acts.

Amendment submitted by Mr.

MINGE:

‘‘Page 130, after line 5, add the following:

‘(5) Agricultural Permit Authority.—The

Secretary of Agriculture is authorized to

issue permits in accordance with this section

for any activity resulting from normal farming, silviculture, aquaculture, and ranching

activities and practices carried out on agricultural lands or for any activity incidental

thereto carried out on agricultural lands if

the agricultural land is not subject to sections 1221–1223 of the Food Security Act of

1985 (16 U.S.C. 3821–3823). Any activity allowed by the Secretary of Agriculture under

sections 1221–1223 of the Food Security Act of

1985 (16 U.S.C. 3821–3823) shall be deemed permitted under this section and no individual

request for or granting of a permit shall be

required.’’’

‘‘Page 146, after line 7, add the following:

‘(z) Mitigation of Agricultural Lands.—Any

mitigation approved by the Secretary of Agriculture for agricultural lands shall be accepted by the Secretary as mitigation under

this section.’’’

It was decided in the Yeas ....... 184 ! negative ....................... Nays ...... 242

T63.15 [Roll No. 312]

AYES—184

Abercrombie

Ackerman

Andrews

Baesler

Baldacci

Barrett (WI)
JOURNAL OF THE

674

T63.16 MAY 10

Bass

Becerra

Beilenson

Bentsen

Berman

Bilbray

Boehlert

Bonior

Borski

Boucher

Brown (CA)

Brown (FL)

Brown (OH)

Bryant (TX)

Cardin

Castle

Clay

Clayton

Clyburn

Coleman

Collins (MI)

Conyers

Coyne

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Doyle

Durbin

Ehlers

Ehrlich

Engel

Eshoo

Evans

Farr

Fawell

Fields (LA)

Filner

Flake

Foglietta

Ford

Fox

Frank (MA)

Franks (NJ)

Frelinghuysen

Frost

Furse

Gejdenson

Gephardt

Gibbons

Gilchrest

Gilman

Goss

Green

Greenwood

Gutierrez

Hall (OH)

Hamilton

Hastings (FL)

Hinchey

Hoyer

Jackson-Lee

Jacobs

Jefferson

Johnson (CT)

Johnson (SD)

Johnson, E. B.

Kanjorski

Kelly

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kleczka

Klink

Klug

Kolbe

Lantos

Lazio

Levin

Lewis (GA)

LoBiondo

Lofgren

Lowey

Luther

Maloney

Manton

Markey

Martini

Mascara

Matsui

McDermott

McHale

McKinney

McNulty

Meehan

Meek

Menendez

Meyers

Mfume

Miller (CA)

Minge

Mink

Moran

Morella

Murtha

Nadler

Neal

Oberstar

Obey

Olver

Owens

Pallone

Pastor

Payne (NJ)

Pelosi

Pomeroy

Porter

Rahall

Ramstad

Rangel

Reed

Reynolds

Rivers

Roemer

Ros-Lehtinen

Roukema

Roybal-Allard

Rush

Sabo

Sanders

Sanford

Sawyer

Saxton

Schroeder

Schumer

Scott

Serrano

Shaw

Shays

Skaggs

Slaughter

Smith (NJ)

Spratt

Stark

Stokes

Studds

Stupak

Thompson

Thornton

Thurman

Torkildsen

Torres

Torricelli

Towns

Tucker

Upton

Velazquez

Vento

Visclosky

Walsh

Ward

Waters

Watt (NC)

Waxman

Weldon (PA)

Williams

Wise

Wolf

Woolsey

Wyden

Wynn

Yates

Zimmer

NOES—242

Allard

Archer

Armey

Bachus

Baker (CA)

Baker (LA)

Ballenger

Barcia

Barr

Barrett (NE)

Bartlett

Barton

Bateman

Bereuter

Bevill

Bilirakis

Bishop

Bliley

Blute

Boehner

Bonilla

Bono

Brewster

Browder

Brownback

Bryant (TN)

Bunn

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Chabot

Chambliss

Chapman

Chenoweth

Christensen

Chrysler

Clement

Clinger

Coble

Coburn

Collins (GA)

Combest

Condit

Cooley

Costello

Cox

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

Deal

DeLay

Diaz-Balart

Dickey

Dooley

Doolittle

Dornan

Dreier

Duncan

Dunn

Edwards

Emerson

English

Ensign

Everett

Ewing

Fazio

Fields (TX)

Flanagan

Foley

Forbes

Fowler

Franks (CT)

Frisa

Funderburk

Gallegly

Ganske

Gekas

Geren

Gillmor

Gonzalez

Goodlatte

Goodling

Gordon

Graham

Gunderson

Gutknecht

Hall (TX)

Hancock

Hansen

Hastert

Hastings (WA)

Hayes

Hayworth

Hefley

Hefner

Heineman

Herger

Hilleary

Hilliard

Hobson

Hoekstra

Hoke

Holden

Horn

Hostettler

Houghton

Hunter

Hutchinson

Hyde

Inglis

Istook

Johnson, Sam

Johnston

Jones

Kaptur

Kasich

Kim

King

Kingston

Knollenberg

LaFalce

LaHood

Largent

Latham

LaTourette

Laughlin

Leach

Lewis (CA)

Lightfoot

Lincoln

Linder

Lipinski

Livingston

Longley

Lucas

Manzullo

Martinez

McCarthy

McCollum

McCrery

McDade

McHugh

McInnis

McIntosh

McKeon

Metcalf

Mica

Miller (FL)

Mineta

Molinari

Mollohan

Montgomery

Moorhead

Myers

Myrick

Nethercutt

Neumann

Ney

Norwood

Nussle

Ortiz

Orton

Oxley

Packard

Parker

Paxon

Payne (VA)

Peterson (MN)

Petri

Pickett

Pombo

Portman

Poshard

Pryce

Quillen

Quinn

Radanovich

Regula

Richardson

Riggs

Roberts

Rohrabacher

Rose

Roth

Royce

Salmon

Scarborough

Schaefer

Schiff

Seastrand

Sensenbrenner

Shadegg

Shuster

Sisisky

Skeen

Skelton

Smith (MI)

Smith (TX)

Smith (WA)

Solomon

Souder

Spence

Stearns

Stenholm

Stockman

Stump

Talent

Tanner

Tate

Tauzin

Taylor (MS)

Taylor (NC)

Tejeda

Thomas

Thornberry

Tiahrt

Traficant

Volkmer

Vucanovich

Waldholtz

Walker

Wamp

Watts (OK)

Weldon (FL)

Weller

White

Whitfield

Wicker

Wilson

Young (AK)

Young (FL)

Zeliff

NOT VOTING—8

Bunning

Collins (IL)

Fattah

Harman

Lewis (KY)

Moakley

Peterson (FL)

Rogers

So the amendment in the nature of a

substitute, as amended, was not agreed

to.

After some further time,

T63.16 RECORDED VOTE

A recorded vote by electronic device

was ordered in the Committee of the

Whole on the following amendment

submitted by Mr. MINETA:

Page 32, strike line 19 and all that follows

through line 6 on page 33.

Page 33, line 7, strike ‘‘(c)’’ and insert

‘‘(b)’’.

Page 33, strike line 16 and all that follows

through line 10 on page 34.

Pages 34 through 47, strike section 302 of

the bill.

Redesignate subsequent sections of title III

of the bill accordingly. Conform the table of

contents of the bill accordingly.

Page 47, strike line 20 and all that follows

through line 8 on page 48 and insert the following:

SEC. 303. REVISION OF STATE WATER QUALITY

STANDARDS.

Section 303(c)(1) is amended by striking

Conform the table of contents of the bill

accordingly.

Page 48, strike line 16 and all that follows

through line 10 on page 52.

Page 64, strike lines 4 through 14.

Pages 73 through 80, strike sections 311 and

312 of the bill.

Redesignate subsequent sections of title III

of the bill accordingly. Conform the table of

contents of the bill accordingly.

Pages 93 through 95, strike section 318 of

the bill.

Redesignate subsequent sections of title III

of the bill accordingly. Conform the table of

contents of the bill accordingly.

Page 130, line 2, after the period insert

closing quotation marks and a period.

Page 130, strike lines 3 through 25.

Page 131, strike lines 5 through 22 and insert the following:

‘‘(r) SYNCHRONIZED PERMIT TERMS.—

Notwith-* * *

It was decided in the Yeas ....... 166 ! negative ....................... Nays ...... 260

T63.17 [Roll No. 313]

AYES—166

Abercrombie

Ackerman

Andrews

Baesler

Baldacci

Barcia

Barrett (WI)

Becerra

Beilenson

Bentsen

Berman

Bonior

Borski

Boucher

Brown (FL)

Brown (OH)

Bryant (TX)

Cardin

Clay

Clayton

Clyburn

Coleman

Collins (MI)

Condit

Conyers

Coyne

DeFazio

DeLauro

Dellums

Deutsch

Dicks

Dingell

Dixon

Doggett

Durbin

Engel

Eshoo

Evans

Farr

Fazio

Fields (LA)

Filner

Flake

Foglietta

Forbes

Ford

Fox

Frank (MA)

Frost

Furse

Gejdenson

Gephardt

Gibbons

Gilchrest

Gonzalez

Green

Hall (OH)

Harman

Hastings (FL)

Hefner

Hinchey

Holden

Hoyer

Jackson-Lee

Jacobs

Jefferson

Johnson (SD)

Johnson, E. B.

Johnston

Kanjorski

Kaptur

Kennedy (MA)

Kennedy (RI)

Kennelly

Kildee

Kleczka

Klink

Lantos

Levin

Lewis (GA)

Lincoln

Lofgren

Lowey

Luther

Maloney

Manton

Markey

Martinez

Matsui

McCarthy

McDermott

McHale

McKinney

McNulty

Meehan

Meek

Menendez

Meyers

Mfume

Miller (CA)

Mineta

Minge

Mink

Moran

Morella

Nadler

Neal

Oberstar

Obey

Olver

Owens

Pallone

Pastor

Payne (NJ)

Pelosi

Peterson (MN)

Pomeroy

Rahall

Rangel

Reed

Reynolds

Richardson

Rivers

Ros-Lehtinen

Rose

Roukema

Roybal-Allard

Rush

Sabo

Sanders

Sawyer

Saxton

Schroeder

Schumer

Scott

Serrano

Shays

Sisisky

Skaggs

Slaughter

Smith (NJ)

Stark

Stokes

Studds

Stupak

Taylor (MS)

Thompson

Thornton

Thurman

Torkildsen

Torres

Torricelli

Towns

Tucker

Velazquez

Vento

Volkmer

Ward

Waters

Watt (NC)

Waxman

Williams

Woolsey

Wyden

Wynn

Yates

NOES—260

Allard

Archer

Armey

Bachus

Baker (LA)

Ballenger

Barr

Barrett (NE)

Bartlett

Barton

Bass

Bateman

Bereuter

Bevill

Bilbray

Bilirakis

Bishop

Bliley

Blute

Boehlert

Boehner

Bonilla

Bono

Brewster

Browder

Brown (CA)

Brownback

Bryant (TN)

Bunn

Burr

Burton

Buyer

Callahan

Calvert

Camp

Canady

Castle

Chabot

Chambliss

Chapman

Chenoweth

Christensen

Chrysler

Clement

Clinger

Coble

Coburn

Collins (GA)

Combest

Cooley

Costello

Cox

Cramer

Crane

Crapo

Cremeans

Cubin

Cunningham

Danner

Davis

de la Garza

Deal

DeLay

Diaz-Balart

Dickey

Dooley

Doolittle

Dornan

Doyle

Dreier

Duncan

Dunn

Edwards

Ehlers

Ehrlich

Emerson

English

Ensign

Everett

Ewing

Fawell

Fields (TX)

Flanagan

Foley

Fowler

Franks (CT)

Franks (NJ)

Frelinghuysen

Frisa

Funderburk