```

[Journal of the House of Representatives, 1995]
[Tuesday, May 16, 1995 (67), Para 67.14 Recorded Vote]
[Pages 703-707]
[From the U.S. Government Publishing Office, www.gpo.gov]

para.67.14  recorded vote

  A recorded vote by electronic device was ordered in the Committee of 
the Whole on the following amendment submitted by Mr. BOEHLERT:

       Strike title VIII of the bill (page 239, line 3, through 
     page 322, line 22) and insert the following:
            TITLE VIII--WETLANDS CONSERVATION AND MANAGEMENT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Wetlands and Watershed 
     Management Act of 1995''.

     SEC. 802. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds and declares the following:
       (1) Wetlands perform a number of valuable functions needed 
     to restore and maintain the chemical, physical, and 
     biological integrity of the Nation's waters, including--
       (A) reducing pollutants (including nutrients, sediment, and 
     toxics) from nonpoint and point sources;
       (B) storing, conveying, and purifying flood and storm 
     waters;
       (C) reducing both bank erosion and wave and storm damage to 
     adjacent lands and trapping sediment from upland sources;
       (D) providing habitat and food sources for a broad range of 
     commercial and recreational fish, shellfish, and migratory 
     wildlife species (including waterfowl and endangered 
     species); and
       (E) providing a broad range of recreational values for 
     canoeing, boating, birding, and nature study and observation.
       (2) Original wetlands in the contiguous United States have 
     been reduced by an estimated 50 percent and continue to 
     disappear at a rate of 200,000 to 300,000 acres a year. Many 
     of these original wetlands have also been altered or 
     partially degraded, reducing their ecological value.
       (3) Wetlands are highly sensitive to changes in water 
     regimes and are, therefore, susceptible to degradation by 
     fills, drainage, grading, water extractions, and other 
     activities within their watersheds which affect the quantity, 
     quality, and flow of surface and ground waters. Protection 
     and management of wetlands, therefore, should be integrated 
     with management of water systems on a watershed basis. A 
     watershed protection and management perspective is also 
     needed to understand and reverse the gradual, continued 
     destruction of wetlands that occurs due to cumulative 
     impacts.
       (4) Wetlands constitute an estimated 5 percent of the 
     Nation's surface area. Because much of this land is in 
     private ownership wetlands protection and management 
     strategies must take into consideration private property 
     rights and the need for economic development and growth. This 
     can be best accomplished in the context of a cooperative and 
     coordinated Federal, State, and local strategy for data 
     gathering, planning, management, and restoration with an 
     emphasis on advance planning of wetlands in watershed 
     contexts.
       (b) Purposes.--The purposes of this Act are--
       (1) to help create a coordinated national wetland 
     management effort with efficient use of scarce Federal, 
     State, and local financial and manpower resources to protect 
     wetland functions and values and reduce natural hazard 
     losses;
       (2) to help reverse the trend of wetland loss in a fair, 
     efficient, and cost-effective manner;
       (3) to reduce inconsistencies and duplication in Federal, 
     State, and local wetland management efforts and encourage 
     integrated permitting at the Federal, State, and local 
     levels;
       (4) to increase technical assistance, cooperative training, 
     and educational opportunities for States, local governments, 
     and private landowners;
       (5) to help integrate wetland protection and management 
     with other water resource management programs on a watershed 
     basis such as flood control, storm water management, 
     allocation of water supply, protection of fish and wildlife, 
     and point and nonpoint source pollution control;
       (6) to increase regionalization of wetland delineation and 
     management policies within a framework of national policies 
     through advance planning of wetland areas, programmatic 
     general permits and other approaches and the tailoring of 
     policies to ecosystem and land use needs to reflect 
     significant watershed variance in wetland resources;
       (7) to address the cumulative loss of wetland resources;
       (8) to increase the certainty and predictability of 
     planning and regulatory policies for private landowners;
       (9) to help achieve no overall net loss and net gain of the 
     remaining wetland base of the United States through 
     watershed-based restoration strategies involving all levels 
     of government;
       (10) to restore and create wetlands in order to increase 
     the quality and quantity of the wetland resources and by so 
     doing to restore and maintain the quality and quantity of the 
     waters of the United States; and
       (11) to provide mechanisms for joint State, Federal, and 
     local development and testing of approaches to better protect 
     wetland resources such as mitigation banking.

     SEC. 803. STATE, LOCAL, AND LANDOWNER TECHNICAL ASSISTANCE 
                   AND COOPERATIVE TRAINING.

       (a) State and Local Technical Assistance.--Upon request, 
     the Administrator or the Secretary of the Army, as 
     appropriate, shall provide technical assistance to State and 
     local governments in the development and implementation of 
     State and local government permitting programs under sections 
     404(e) and 404(h) of the Federal Water Pollution Control Act, 
     State wetland conservation plans under section 805, and 
     regional or local wetland management plans under section 805.
       (b) Cooperative Training.--The Administrator and the 
     Secretary, in cooperation with the Coordinating Committee 
     established pursuant to section 804, shall conduct training 
     courses for States and local governments involving wetland 
     delineation, utilization of wetlands in nonpoint pollution 
     control, wetland and stream restoration, wetland planning, 
     wetland evaluation, mitigation banking, and other subjects 
     deemed appropriate by the Administrator or Secretary.
       (c) Private Landowner Technical Assistance.--The 
     Administrator and Secretary shall, in cooperation with the 
     Coordination Committee, and appropriate Federal agencies 
     develop and provide to private landowners guidebooks, 
     pamphlets, or other materials and technical assistance to 
     help them in identifying and evaluating wetlands, developing 
     integrated wetland management plans for their lands 
     consistent with the goals of this Act and the Federal Water 
     Pollution Control Act, and restoring wetlands.

     SEC. 804. FEDERAL, STATE, AND LOCAL GOVERNMENT COORDINATING 
                   COMMITTEE.

       (a) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, the Administrator shall 
     establish a Federal, State, and Local Government Wetlands 
     Coordinating Committee (hereinafter in this section referred 
     to as the ``Committee'').
       (b) Functions.--The Committee shall--
       (1) help coordinate Federal, State, and local wetland 
     planning, regulatory, and restoration programs on an ongoing 
     basis to reduce duplication, resolve potential conflicts, and 
     efficiently allocate manpower and resources at all levels of 
     government;
       (2) provide comments to the Secretary of the Army or 
     Administrator in adopting regulatory, policy, program, or 
     technical guidance affecting wetland systems;
       (3) help develop and field test, national policies prior to 
     implementation such as wetland, delineation, classification 
     of wetlands, methods for sequencing wetland mitigation 
     responses, the utilization of mitigation banks;
       (4) help develop and carry out joint technical assistance 
     and cooperative training programs as provided in section 803;
       (5) help develop criteria and implementation strategies for 
     facilitating State conservation plans and strategies, local 
     and regional wetland planning, wetland restoration and 
     creation, and State and local permitting programs pursuant to 
     section 404(e) or 404(g) of the Federal Water Pollution 
     Control Act; and
       (6) help develop a national strategy for the restoration of 
     wetland ecosystems pursuant to section 6 of this Act.
       (c) Membership.--The Committee shall be composed of 18 
     members as follows:
       (1) The Administrator or the designee of the Administrator.
       (2) The Secretary or the designee of the Secretary.
       (3) The Director of the United States Fish and Wildlife 
     Service or the designee of the Director.
       (4) The Chief of the Natural Resources Conservation Service 
     or the designee of the Chief.
       (5) The Undersecretary for Oceans and Atmosphere or the 
     designee of the Under Secretary.
       (6) One individual appointed by the Administrator who will 
     represent the National Governor's Association.
       (7) One individual appointed by the Administrator who will 
     represent the National Association of Counties.
       (8) One individual appointed by the Administrator who will 
     represent the National League of Cities.

[[Page 704]]

       (9) One State wetland expert from each of the 10 regions of 
     the Environmental Protection Agency. Each member to be 
     appointed under this paragraph shall be jointly appointed by 
     the Governors of the States within the Environmental 
     Protection Agency's region. If the Governors from a region 
     cannot agree on such a representative, they will each submit 
     a nomination to the Administrator and the Administrator will 
     select a representative from such region.
       (d) Terms.--Each member appointed pursuant to paragraph 
     (6), (7), (8), or (9) of subsection (c) shall be appointed 
     for a term of 2 years.
       (e) Vacancies.--A vacancy in the Committee shall be filled, 
     on or before the 30th day after the vacancy occurs, in the 
     manner in which the original appointment was made.
       (f) Pay.--Members shall serve without pay, but may receive 
     travel expenses (including per diem in lieu of subsistence) 
     in accordance with sections 5702 and 5703 of title 5, United 
     States Code.
       (g) Cochairpersons.--The Administrator and one member 
     appointed pursuant to paragraph (6), (7), (8), or (9) of 
     subsection (c) (selected by such members) shall serve as 
     cochairpersons of the Committee.
       (h) Quorum.--Two-thirds of the members of the Committee 
     shall constitute a quorum but a lesser number may hold 
     meetings.
       (i) Meetings.--The Committee shall hold its first meeting 
     not later than 120 days after the date of the enactment of 
     this Act. The Committee shall meet at least twice each year 
     thereafter. Meetings will be opened to the public.

     SEC. 805. STATE AND LOCAL WETLAND CONSERVATION PLANS AND 
                   STRATEGIES; GRANTS TO FACILITATE THE 
                   IMPLEMENTATION OF SECTION 404.

       (a) State Wetland Conservation Plans and Strategies.--
     Subject to the requirements of this section, the 
     Administrator shall make grants to States and tribes to 
     assist in the development and implementation of wetland 
     conservation plans and strategies. More specific goals for 
     such conservation plans and strategies may include:
       (1) Inventorying State wetland resources, identifying 
     individual and cumulative losses, identifying State and local 
     programs applying to wetland resources, determining gaps in 
     such programs, and making recommendations for filling those 
     gaps.
       (2) Developing and coordinating existing State, local, and 
     regional programs for wetland management and protection on a 
     watershed basis.
       (3) Increasing the consistency of Federal, State, and local 
     wetland definitions, delineation, and permitting approaches.
       (4) Mapping and characterizing wetland resources on a 
     watershed basis.
       (5) Identifying sites with wetland restoration or creation 
     potential.
       (6) Establishing management strategies for reducing causes 
     of wetland degradation and restoring wetlands on a watershed 
     basis.
       (7) Assisting regional and local governments prepare 
     watershed plans for areas with a high percentage of lands 
     classified as wetlands or otherwise in need of special 
     management.
       (8) Establishing and implementing State or local permitting 
     programs under section 404(e) or 404(h) of the Federal Water 
     Pollution Control Act.
       (b) Regional and Local Wetland Planning, Regulation, and 
     Management Programs.--Subject to the requirements of this 
     section, the Administrator shall make grants to States which 
     will, in turn, use this funding to make grants to regional 
     and local governments to assist them in adopting and 
     implementing wetland and watershed management programs 
     consistent with goals stated in section 101 of the Federal 
     Water Pollution Control Act and section 802 of this Act. Such 
     plans shall be integrated with (where appropriate) or 
     coordinated with planning efforts pursuant to section 319 of 
     the Federal Water Pollution Control Act. Such programs shall, 
     at a minimum, involve the inventory of wetland resources and 
     the adoption of plans and policies to help achieve the goal 
     of no net loss of wetland resources on a watershed basis. 
     Other goals may include, but are not limited to:
       (1) Integration of wetland planning and management with 
     broader water resource and land use planning and management, 
     including flood control, water supply, storm water 
     management, and control of point and nonpoint source 
     pollution.
       (2) Adoption of measures to increase consistency in 
     Federal, State, and local wetland definitions, delineation, 
     and permitting approaches.
       (3) Establishment of management strategies for restoring 
     wetlands on a watershed basis.
       (c) Grants To Facilitate the Implementation of Section 
     404.--Subject to the requirements of this section, the 
     Administrator may make grants to States which assist the 
     Federal Government in the implementation of the section 404 
     Federal Water Pollution Control program through State 
     assumption of permitting pursuant to sections 404(g) and 
     404(h) of such Act through State permitting through a State 
     programmatic general permit pursuant to section 404(e) of 
     such Act or through monitoring and enforcement activities. In 
     order to be eligible to receive a grant under this section a 
     State shall provide assurances satisfactory to the 
     Administrator that amounts received by the State in grants 
     under this section will be used to issue regulatory permits 
     or to enforce regulations consistent with the overall goals 
     of section 802 and the standards and procedures of section 
     404(g) or 404(e) of this Act.
       (d) Maximum Amount.--No State may receive more than 
     $500,000 in total grants under subsections (a), (b), and (c) 
     in any fiscal year and more than $300,000 in grants for 
     subsection (a), (b), or (c), individually.
       (e) Federal Share.--The Federal share of the cost of 
     activities carried out using amounts made available in grants 
     under this section shall not exceed 75 percent.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $15,000,000 per 
     fiscal year for each of fiscal years 1996, 1997, 1998, 1999, 
     and 2000.

     SEC. 806. NATIONAL COOPERATIVE WETLAND ECOSYSTEM RESTORATION 
                   STRATEGY.

       (a) Development.--Not later than 180 days after the date of 
     the enactment of this Act, the Administrator, in cooperation 
     with other Federal agencies, State, and local governments, 
     and representatives of the private sector, shall initiate the 
     development of a National Cooperative Wetland Ecosystem 
     Restoration Strategy.
       (b) Goals.--The goal of the National Cooperative Wetland 
     Ecosystem Restoration Strategy shall be to restore damaged 
     and degraded wetland and riparian ecosystems consistent with 
     the goals of the Water Pollution Control Amendments and the 
     goals of section 802, and the recommendations of the National 
     Academy of Sciences with regard to the restoration of aquatic 
     ecosystems.
       (c) Functions.--The National Cooperative Wetland Ecosystem 
     Restoration Strategy shall--
       (1) be designed to help coordinate and promote restoration 
     efforts by Federal, State, regional, and local governments 
     and the private sector, including efforts authorized by the 
     Coastal Wetlands Planning, Protection, and Restoration Act, 
     the North American Waterfowl Management Plan, the Wetlands 
     Reserve Program, and the wetland restoration efforts on 
     Federal, State, local, and private lands;
       (2) involve the Federal, State, and local Wetlands 
     Coordination Committee established pursuant to section 804;
       (3) inventory and evaluate existing restoration efforts and 
     make suggestions for the establishment of new watershed 
     specific efforts consistent with existing Federal programs 
     and State, regional, and local wetland protection and 
     management efforts;
       (4) evaluate the role presently being played by wetland 
     restoration in both regulatory and nonregulatory contexts and 
     the relative success of wetland restoration in these 
     contexts;
       (5) develop criteria for identifying wetland restoration 
     sites on a watershed basis, procedures for wetlands 
     restoration, and ecological criteria for wetlands 
     restoration; and
       (6) identify regulatory obstacles to wetlands ecosystem 
     restoration and recommend methods to reduce such obstacles.

     SEC. 807. PERMITS FOR DISCHARGE OF DREDGED OR FILL MATERIAL.

       (a) Permit Monitoring and Tracking.--Section 404(a) (33 
     U.S.C. 1344) is amended by adding at the end thereof the 
     following: ``The Secretary shall, in cooperation with the 
     Administrator, establish a permit monitoring and tracking 
     programs on a watershed basis to monitor the cumulative 
     impact of individual and general permits issued under this 
     section. This program shall determine the impact of permitted 
     activities in relationship to the no net loss goal. Results 
     shall be reported biannually to Congress.''.
       (b) Issuance of General Permits.--Paragraph (1) of section 
     404(e) is amended by inserting ``local,'' before ``State, 
     regional, or nationwide basis'' in the first sentence.
       (c) Revocation or Modification of General Permits.--
     Paragraph (2) of section 404(e) is amended by striking the 
     period at the end and inserting ``or a State or local 
     government has failed to adequately monitor and control the 
     individual and cumulative adverse effects of activities 
     authorized by State or local programmatic general permits.''.
       (d) Programmatic General Permits.--Section 404(e) is 
     amended by adding at the end thereof the following new 
     paragraph:
       ``(3) Programmatic general permits.--Consistent with the 
     following requirements, the Secretary may, after notice and 
     opportunity for public comment, issue State or local 
     programmatic general permits for the purpose of avoiding 
     unnecessary duplication of regulations by State, regional, 
     and local regulatory programs:
       ``(A) The Secretary may issue a programmatic general permit 
     based on a State, regional, or local government regulatory 
     program if that general permit includes adequate safeguards 
     to ensure that the State, regional, or local program will 
     have no more than minimal cumulative impacts on the 
     environment and will provide at least the same degree of 
     protection for the environment, including all waters of the 
     United States, and for Federal interests, as is provided by 
     this section and by the Federal permitting program pursuant 
     to section 404(a). Such safeguards shall include provisions 
     whereby the Corps District Engineer and the Regional 
     Administrators or Directors of the Environmental Protection 
     Agency, the United States Fish and Wildlife Service, and the 
     National Marine Fisheries Service (where appropriate), shall 
     have an opportunity to review permit applications submitted 
     to the State, regional, or local regulatory agency which 
     would have more than minimal individual or cumulative adverse 
     impacts on the environment, attempt to resolve any envi

[[Page 705]]

     ronmental concern or protect any Federal interest at issue, 
     and, if such concern is not adequately addressed by the 
     State, local, or regional agency, require the processing of 
     an individual Federal permit under this section for the 
     specific proposed activity. The Secretary shall ensure that 
     the District Engineer will utilize this authority to protect 
     all Federal interests including, but not limited to, national 
     security, navigation, flood control, Federal endangered or 
     threatened species, Federal interests under the Wild and 
     Scenic Rivers Act, special aquatic sites of national 
     importance, and other interests of overriding national 
     importance. Any programmatic general permit issued under this 
     subsection shall be consistent with the guidelines 
     promulgated to implement subsection (b)(1).
       ``(B) In addition to the requirements of subparagraph (A), 
     the Secretary shall not promulgate any local or regional 
     programmatic general permit based on a local or regional 
     government's regulatory program unless the responsible unit 
     of government has also adopted a wetland and watershed 
     management plan and is administering regulations to implement 
     this plan. The watershed management plan shall include--
       ``(i) the designation of a local or regional regulatory 
     agency which shall be responsible for issuing permits under 
     the plan and for making reports every 2 years on 
     implementation of the plan and on the losses and gains in 
     functions and acres of wetland within the watershed plan 
     area;
       ``(ii) mapping of--

       ``(I) the boundary of the plan area;
       ``(II) all wetlands and waters within the plan area as well 
     as other areas proposed for protection under the plan; and
       ``(III) proposed wetland restoration or creation sites with 
     a description of their intended functions upon completion and 
     the time required for completion;

       ``(iii) a description of the regulatory policies and 
     standards applicable to all wetlands and waters within the 
     plan areas and all activities which may affect these wetlands 
     and waters that will assure, at a minimum, no net loss of the 
     functions and acres of wetlands within the plan area; and
       ``(iv) demonstration that the regulatory agency has the 
     legal authority and scientific monitoring capability to carry 
     out the proposed plan including the issuance, monitoring, and 
     enforcement of permits in compliance with the plan.''.
       (e) Grandfather of Existing General Permits.--Section 
     404(e) is further amended by adding at the end the following:
       ``(4) Grandfather of existing general permits.--General 
     permits in effect on day before the date of the enactment of 
     the Wetlands and Watershed Management Act of 1995 shall 
     remain in effect until otherwise modified by the 
     Secretary.''.
       (f) Discharges Not Requiring a Permit.--Section 404(f) (33 
     U.S.C. 1344(f)) is amended by striking the subsection 
     designation and paragraph (1) and inserting the following:
       ``(f) Exemptions.--
       ``(1) Activities not requiring permit.--
       ``(A) In general.--Activities 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--
       ``(i) result from normal farming, silviculture, 
     aquaculture, and ranching activities and practices, including 
     but not limited to plowing, seeding, cultivating, haying, 
     grazing, normal maintenance activities, 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;
       ``(ii) are for the purpose of maintenance, including 
     emergency reconstruction of recently damaged parts, of 
     currently serviceable structures such as dikes, dams, levees, 
     flood control channels or other engineered flood control 
     facilities, water control structures, water supply reservoirs 
     (where such maintenance involves periodic water level 
     drawdowns) which provide water predominantly to public 
     drinking water systems, groins, riprap, breakwaters, utility 
     distribution and transmission lines, causeways, and bridge 
     abutments or approaches, and transportation structures;
       ``(iii) are for the purpose of construction or maintenance 
     of farm, stock or aquaculture ponds, wastewater retention 
     facilities (including dikes and berms) that are used by 
     concentrated animal feeding operations, or irrigation canals 
     and ditches or the maintenance or reconstruction of drainage 
     ditches and tile lines (including resloping of drainage 
     ditches to control bank erosion);
       ``(iv) are for the purpose of construction of temporary 
     sedimentation basins on a construction site, or the 
     construction of any upland dredged material disposal area, 
     which does not include placement of fill material into the 
     navigable waters;
       ``(v) are for the purpose of construction or maintenance of 
     farm roads or forest roads, 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;
       ``(vi) 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 this section;
       ``(vii) are undertaken in incidentally created wetlands, 
     unless such incidentally created wetlands have exhibited 
     wetlands functions and values for more than 5 years in which 
     case activities undertaken in such wetlands shall be subject 
     to the requirements of this section; and
       ``(viii) are for the purpose of preserving and enhancing 
     aviation safety or are undertaken in order to prevent an 
     airport hazard.''.
       (g) Areas Not Considered To Be Navigable Waters.--Section 
     404(f) is further amended by adding the following:
       ``(3) Areas not considered to be navigable waters.--
       ``(A) In general.--For purposes of this section, the 
     following shall not be considered navigable waters:
       ``(i) Irrigation ditches excavated in uplands.
       ``(ii) Artificially irrigated areas which would revert to 
     uplands if the irrigation ceased.
       ``(iii) Artificial lakes or ponds created by excavating or 
     diking uplands to collect and retain water, and which are 
     used exclusively for stock watering, irrigation, or rice 
     growing.
       ``(iv) Artificial reflecting or swimming pools or other 
     small ornamental bodies of water created by excavating or 
     diking uplands to retain water for primarily aesthetic 
     reasons.
       ``(v) Temporary, water filled depressions created in 
     uplands incidental to construction activity.
       ``(vi) Pits excavated in uplands for the purpose of 
     obtaining fill, sand, gravel, aggregates, or minerals, unless 
     and until the construction or excavation operation is 
     abandoned and the resulting body of water meets the 
     definition of waters of the United States.
       ``(vii) Artificial stormwater detention areas and 
     artificial sewage treatment areas which are not modified 
     natural waters.
       ``(B) Demonstration required.--Subparagraph (A) shall not 
     apply to a particular water body unless the person desiring 
     to discharge dredged or fill material in that water body is 
     able to demonstrate that the water body qualifies under 
     subparagraph (A) for exemption from regulation under this 
     section.''.

     SEC. 808. TECHNICAL ASSISTANCE TO PRIVATE LANDOWNERS, 
                   CODIFICATION OF REGULATIONS AND POLICIES.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(u)(1) The Secretary and the Administrator shall in 
     cooperation with the United States Fish and Wildlife Service, 
     Natural Resources Conservation Service, and National Marine 
     Fisheries Service provide technical assistance to private 
     landowners in delineation of wetlands and the planning and 
     management of their wetlands. This assistance shall include--
       ``(A) the delineation of wetland boundaries within 90 days 
     (providing on the ground conditions allow) of a request for 
     such delineation for a project with a proposed individual 
     permit application under this section and a total assessed 
     value of less than $15,000; and
       ``(B) the provision of technical assistance to owners of 
     wetlands in the preparation of wetland management plans for 
     their lands to protect and restore wetlands and meet other 
     goals of this Act, including control of nonpoint and point 
     sources of pollution, prevention and reduction of erosion, 
     and protection of estuaries and lakes.
       ``(2) The Secretary shall prepare, update on a biannual 
     basis, and make available to the public for purchase at cost, 
     an indexed publication containing all Federal regulations, 
     general permits, and regulatory guidance letters relevant to 
     the permitting of activities in wetland areas pursuant to 
     section 404(a). The Secretary and the Administrator shall 
     also prepare and distribute brochures and pamphlets for the 
     public addressing--
       ``(A) the delineation of wetlands,
       ``(B) wetland permitting requirements; and
       ``(C) wetland restoration and other matters considered 
     relevant.''.

     SEC. 809. DELINEATION.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(v) Delineation.--
       ``(1) In general.--The United States Army Corps of 
     Engineers, the United States Environmental Protection Agency, 
     and other Federal agencies shall use the 1987 Corps of 
     Engineers Manual for the Delineation of Jurisdictional 
     Wetlands pursuant to this section until a new manual has been 
     prepared and formally adopted by the Corps and the 
     Environmental Protection Agency with input from the United 
     States Fish and Wildlife Service, Natural Resources, Natural 
     Resources Conservation Service, and other relevant agencies 
     and adopted after field testing, hearing, and public comment. 
     Any new manual shall take into account the conclusions of the 
     National Academy of Sciences panel concerning the delineation 
     of wetlands. The Corps, in cooperation with the Environmental 
     Protection Agency and the Department of Agriculture, shall 
     develop materials and conduct training courses for 
     consultants, State, and local governments, and landowners 
     explaining the use of the Corps 1987 wetland manual in the 
     delineation of wetland areas. The Corps, in cooperation with 
     the Environmental Protection Agency and the Department of 
     Agriculture, may also, in cooperation with the States, 
     develop supplemental criteria and procedures for

[[Page 706]]

     identification of regional wetland types. Such criteria and 
     procedures may include supplemental plant and soil lists and 
     supplementary technical criteria pertaining to wetland 
     hydrology, soils, and vegetation.
       ``(2) Agricultural lands.--
       ``(A) Delineation by secretary of agriculture.--For 
     purposes of this section, wetlands located on agricultural 
     lands and associated nonagricultural lands shall be 
     delineated solely by the Secretary of Agriculture in 
     accordance with section 1222(j) of the Food Security Act of 
     1985 (16 U.S.C. 3822(j)).
       ``(B) Exemption of lands exempted under food security 
     act.--Any area of agricultural land or any discharge related 
     to the land determined to be exempt from the requirements of 
     subtitle C of title XII of the Food Security Act of 1985 (16 
     U.S.C. 3821 et seq.) shall also be exempt from the 
     requirements of this section for such period of time as those 
     lands are used as agricultural lands.
       ``(C) Effect of appeal determination pursuant to food 
     security act.--Any area of agricultural land or any discharge 
     related to the land determined to be exempt pursuant to an 
     appeal taken pursuant to subtitle C of title XII of the Food 
     Security Act of 1985 (16 U.S.C. 3821 et seq.) shall be exempt 
     under this section for such period of time as those lands are 
     used as agricultural lands.''.

     SEC. 810. FAST TRACK FOR MINOR PERMITS.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(w)(1) Not later than 6 months after the date of 
     enactment of this subsection, the Secretary shall issue 
     regulations to explore the review and practice of individual 
     permits for minor activities. Minor activities include 
     activities of 1 acre or less in size which also have minor 
     direct, secondary, or cumulative impacts.
       ``(2) Permit applications for minor permits shall 
     ordinarily be processed within 60 days of the receipt of 
     completed application.
       ``(3) The Secretary shall establish fast-track field teams 
     or other procedures in the individual offices sufficient to 
     expedite the processing of the individual permits involving 
     minor activities.''.

     SEC. 811. COMPENSATORY MITIGATION.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(x) General Requirements.--(1) Each permit issued under 
     this section that results in loss of wetland functions or 
     acreage shall require compensatory mitigation. The preferred 
     sequence of mitigation options is as set forth in 
     subparagraph (A) and (C). However, the Secretary shall have 
     sufficient flexibility to approve practical options that 
     provide the most protection to the resource--
       ``(A) measures shall first be undertaken by the permittee 
     to avoid any adverse effects on wetlands caused by activities 
     authorized by the permit.
       ``(B) measures shall be undertaken by the permittee to 
     minimize any such adverse effects that cannot be avoided;
       ``(C) measures shall then be undertaken by the permittee to 
     compensate for adverse impacts on wetland functions, values, 
     and acreage;
       ``(D) where compensatory mitigation is used, preference 
     shall be given to in-kind restoration on the same water body 
     and within the same local watershed;
       ``(E) where on-site and in-kind compensatory mitigation are 
     impossible, impractical, would fail to work in the 
     circumstances, or would not make ecological sense, off-site 
     and/or out-of-kind compensatory mitigation may be permitted 
     within the watershed including participation in cooperative 
     mitigation ventures or mitigation banks as provided in 
     section 404(y).
       ``(2) The Secretary in consultation with the Administrator 
     shall ensure that compensable mitigation by a permitee--
       ``(A) is a specific, enforceable condition of the permit 
     for which it is required;
       ``(B) will meet defined success criteria; and
       ``(C) is monitored to ensure compliance with the conditions 
     of the permit and to determine the effectiveness of the 
     mitigation in compensating for the adverse effects for which 
     it is required.''.

     SEC. 812. COOPERATIVE MITIGATION VENTURES AND MITIGATION 
                   BANKS.

       Section 404 (33 U.S.C. 1344) is amended by adding at the 
     end the following:
       ``(y)(1) Not later than 1 year after the date of the 
     enactment of this Act, the Secretary and the Administrator 
     shall jointly issue rules for a system of cooperative 
     mitigation ventures and wetland banks. Such rules shall, at 
     the minimum, address the following topics:
       ``(A) Mitigation banks and cooperative ventures may be used 
     on a watershed basis to compensate for unavoidable wetland 
     losses which cannot be compensated on-site due to inadequate 
     hydrologic conditions, excessive sedimentation, water 
     pollution, or other problems. Mitigation banks and 
     cooperative ventures may also be used to improve the 
     potential success of compensatory mitigation through the use 
     of larger projects, by locating projects in areas in more 
     favorable short-term and long-term hydrology and proximity to 
     other wetlands and waters, and by helping to ensure short-
     term and long-term project protection, monitoring, and 
     maintenance.
       ``(B) Parties who may establish mitigation banks and 
     cooperative mitigation ventures for use in specific context 
     and for particular types of wetlands may include government 
     agencies, nonprofits, and private individuals.
       ``(C) Surveys and inventories on a watershed basis of 
     potential mitigation sites throughout a region or State shall 
     ordinarily be required prior to the establishment of 
     mitigation banks and cooperative ventures pursuant to this 
     section.
       ``(D) Mitigation banks and cooperative mitigation ventures 
     shall be used in a manner consistent with the sequencing 
     requirements to mitigate unavoidable wetland impacts. Impacts 
     should be mitigated within the watershed and water body if 
     possible with on-site mitigation preferable as set forth in 
     section 404(x).
       ``(E) The long-term security of ownership interests of 
     wetlands and uplands on which projects are conducted shall be 
     insured to protect the wetlands values associated with those 
     wetlands and uplands;
       ``(F) Methods shall be specified to determine debits by 
     evaluating wetland functions, values, and acreages at the 
     sites of proposed permits for discharges or alternations 
     pursuant to subsections (a), (c), and (g) and methods to be 
     used to determine credits based upon functions, values, and 
     acreages at the times of mitigation banks and cooperative 
     mitigation ventures.
       ``(G) Geographic restrictions on the use of banks and 
     cooperative mitigation ventures shall be specified. In 
     general, mitigation banks or cooperative ventures shall be 
     located on the same water body as impacted wetlands. If this 
     is not possible or practical, banks or ventures shall be 
     located as near as possible to impacted projects with 
     preference given to the same watershed where the impact is 
     occurring.
       ``(H) Compensation ratios for restoration, creation, 
     enhancement, and preservation reflecting and overall goal of 
     no net loss of function and the status of scientific 
     knowledge with regard to compensation for individual 
     wetlands, risks, costs, and other relevant factors shall be 
     specified. A minimum restoration compensation ratio of 1:1 
     shall be required for restoration of lost acreage with larger 
     compensation ratios for wetland creation, enhancement and 
     preservation.
       ``(I) Fees to be charged for participation in a bank or 
     cooperative mitigation venture shall be based upon the costs 
     of replacing lost functions and acreage on-site and off-site; 
     the risks of project failure, the costs of long-term 
     maintenance, monitoring, and protection, and other relevant 
     factors.
       ``(J) Responsibilities for long-term monitoring, 
     maintenance, and protection shall be specified.
       ``(K) Public review of proposals for mitigation banks and 
     cooperative mitigation ventures through one or more public 
     hearings shall be provided.
       ``(2) The Secretary, in consultation with the 
     Administrator, is authorized to establish and implement a 
     demonstration program for creating and implementing 
     mitigation banks and cooperative ventures and for evaluating 
     alternative approaches for mitigation banks and cooperative 
     mitigation ventures as a means of contributing to the goals 
     established by section 101(a)(8) or section 10 of the Act of 
     March 3, 1899 (33 U.S.C. 401 and 403). The Secretary shall 
     also monitor and evaluate existing banks and cooperative 
     ventures and establish a number of such banks and cooperative 
     ventures to test and demonstrate:
       ``(A) The technical feasibility of compensation for lost 
     on-site values through off-site cooperative mitigation 
     ventures and mitigation banks.
       ``(B) Techniques for evaluating lost wetland functions and 
     values at sites for which permits are sought pursuant to 
     section 404(a) and techniques for determining appropriate 
     credits and debits at the sites of cooperative mitigation 
     ventures and mitigation banks.
       ``(C) The adequacy of alternative institutional 
     arrangements for establishing and administering mitigation 
     banks and cooperative mitigation ventures.
       ``(D) The appropriate geographical locations of bank or 
     cooperative mitigation ventures in compensation for lost 
     functions and values.
       ``(E) Mechanisms for ensuring short-term and long-term 
     project monitoring and maintenance.
       ``(F) Techniques and incentives for involving private 
     individuals in establishing and implementing mitigation banks 
     and cooperative mitigation ventures.

     Not later than 3 years after the date of the enactment of 
     this subsection, the Secretary shall transmit to Congress a 
     report evaluating mitigation banks and cooperative ventures. 
     The Secretary shall also, within this time period, prepare 
     educational materials and conduct training programs with 
     regard to the use of mitigation banks and cooperative 
     ventures.''.

     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;

[[Page 707]]

       ``(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. AGRICULTURAL LANDS.

       Section 404 (33 U.S.C. 1344) is further amended by adding 
     at the end the following:
       ``(dd) Agricultural Lands.--
       ``(1) Permit authority.--The Secretary of Agriculture is 
     authorized to issue permits under this section for any 
     activity subject to permitting under this section that is 
     carried out on agricultural land (other than agricultural 
     land 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 such sections 1221-1223 shall 
     be treated as having a permit issued under this section and 
     no individual request for or granting of a permit shall be 
     required under this section.
       ``(2) Mitigation.--Any mitigation approved by the Secretary 
     of Agriculture for agricultural lands shall be accepted by 
     the Secretary as mitigation under this section.''.

     SEC. 818. 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.''.
       Conform the table of contents of the bill accordingly.

It was decided in the

Yeas

185

negative

Nays

242
```