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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1304 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1304

    To amend the Federal Water Pollution Control Act to improve the 
conservation of wetlands and thereby restore and maintain the physical, 
  chemical, and biological integrity of the Nation's waters, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 28 (legislative day, June 30), 1993

Mr. Baucus (for himself and Mr. Chafee) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL

 
    To amend the Federal Water Pollution Control Act to improve the 
conservation of wetlands and thereby restore and maintain the physical, 
  chemical, and biological integrity of the Nation's waters, 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 ``Wetlands Conservation and Regulatory 
Improvements Act''.

SEC. 2. AMENDMENT OF FEDERAL WATER POLLUTION CONTROL ACT.

    Except as otherwise expressly provided, whenever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.).

SEC. 3. DECLARATION OF POLICIES AND GOALS.

    Section 101(a) (33 U.S.C. 1251(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (6);
            (2) by striking the period at the end of paragraph (7) and 
        inserting ``and''; and
            (3) by adding at the end the following:
            ``(8) it is the national policy to achieve, through 
        regulatory and nonregulatory strategies involving all levels of 
        government--
                    ``(A) the restoration of wetlands to increase the 
                quality and quantity of the wetlands resource base of 
                the United States; and
                    ``(B) no overall net loss of the remaining wetlands 
                resource base of the United States.''.

SEC. 4. DEFINITION AND DELINEATION OF WETLANDS.

    (a) Definitions.--Section 502 (33 U.S.C. 1362) is amended--
            (1) in paragraph (7) by inserting ``, including wetlands'' 
        immediately before the period; and
            (2) by adding at the end the following new paragraph:
          ``(21) The term `wetlands' 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. 
        Wetlands generally include swamps, marshes, bogs, fens, 
        potholes, playa lakes, vernal pools, and similar areas.''.
    (b) Delineation of Wetlands.--
            (1) Revisions to delineation procedures.--After the date of 
        enactment of this Act, no revisions to or clarifications of the 
        guidelines for identifying and delineating wetlands areas under 
        section 404(a) of the Federal Water Pollution Control Act (33 
        U.S.C. 1344(a)), as amended by this Act, shall be issued until 
        the National Academy of Sciences has completed the study of 
        wetlands authorized by Public Law 102-389.
            (2) Continued use of 1987 manual.--Until the guidelines for 
        identifying and delineating wetlands areas are issued pursuant 
        to section 404(a) of the Federal Water Pollution Control Act 
        (33 U.S.C. 1344(a)), as amended by this Act, the Secretary of 
        the Army, acting through the Chief of Engineers, and the 
        Administrator of the Environmental Protection Agency shall use 
        the January 1987, ``Corps of Engineers wetlands delineation 
        manual'' and implementing guidelines to identify and delineate 
        such wetlands areas.
            (3) Delineation guidelines.--Section 404(a) (33 U.S.C. 
        1344(a)) is amended by inserting ``(1)'' after ``(a)'' and by 
        adding the following new paragraph:
            ``(2) The Administrator in conjunction with the Secretary, 
        the Secretary of Agriculture and the Secretary of the Interior 
        shall, after field testing and notice and opportunity for 
        public review and comment, issue guidelines to identify and 
        delineate wetlands areas. The guidelines shall--
                    ``(A) be developed in consultation with the States;
                    ``(B) be based on the best available scientific 
                information; and
                    ``(C) take into account regional variations in 
                hydrology, soils, and vegetation.''.
            (4) Delineation training, certification and outreach.--
                    (A) Training of wetlands delineators.--The 
                Secretary of the Army, acting through the Chief of 
                Engineers, and the Administrator of the Environmental 
                Protection Agency shall, in consultation with the 
                Coordinating Committee establish under section 323 of 
                the Federal Water Pollution Control Act, as amended by 
                this Act, develop materials and conduct training 
                courses for consultants and State and local governments 
                to explain the guidelines for identifying and 
                delineating wetlands areas pursuant to section 404(a) 
                of the Federal Water Pollution Control Act (33 U.S.C. 
                1344(a)), as amended by this Act.
                    (B) Funding for training and certification 
                program.--Of amounts appropriated for each fiscal year 
                beginning after the date of the enactment of this Act 
                for administration of section 404 of the Federal Water 
                Pollution Control Act (33 U.S.C. 1344) by the Corps of 
                Engineers, the Secretary of the Army, with the 
                Administrator, shall use such amounts as are 
                practicable to carry out the Corps of Engineers Program 
                for interagency wetlands delineation training and the 
                program for training and certification of Federal 
                employees and other individuals as wetlands delineators 
                authorized by section 307(e) of the Water Resources 
                Development Act of 1990 (Public Law 101-640).
            (5) Assisting small landowners with wetlands delineation.--
                    (A) In general.--Of amounts appropriated for each 
                fiscal year beginning after the date of enactment of 
                this Act for administration of section 404 of the 
                Federal Water Pollution Control Act (33 U.S.C. 1344), 
                the Secretary of the Army, acting through the Chief of 
                Engineers, and the Administrator of the Environmental 
                Protection Agency shall use such amounts as are 
                necessary, but not to exceed a combined total of 
                $5,000,000, to assist private landowners who lack the 
                financial capacity to identify or delineate wetlands in 
                order to apply for permits under that section or to 
                avoid impacts to wetlands.
                    (B) Form of assistance.--The assistance under 
                subparagraph (A) shall be provided in cooperation with 
                the Director of the United States Fish and Wildlife 
                Service and the Chief of the Soil Conservation Service 
                and shall include--
                            (i) the delineation of wetlands boundaries 
                        within ninety days of a request for such 
                        delineation to the maximum extent practicable; 
                        and
                            (ii) technical assistance to owners of 
                        wetlands in the preparation of wetlands 
                        management plans for their lands to protect and 
                        restore wetlands and meet other goals of the 
                        Federal Water Pollution Control Act, including 
                        protection and propagation of fish, shellfish, 
                        and wildlife, control of nonpoint and point 
                        sources of pollution, prevention and reduction 
                        of erosion, and protection of estuaries and 
                        lakes.
                    (C) Regulations.--Within one hundred and eighty 
                days after the date of enactment of this Act, the 
                Secretary and the Administrator shall issue regulations 
                defining the scope of technical assistance and which 
                landowners are eligible for assistance under this 
                paragraph.
            (6) Education and information.--The Secretary of the Army, 
        acting through the Chief of Engineers, and the Administrator of 
        the Environmental Protection Agency shall, in cooperation with 
        the Coordinating Committee established under section 323 of the 
        Federal Water Pollution Control Act (as amended by this Act), 
        prepare, update on a biannual basis, and make available to the 
        public for purchase at cost--
                    (A) an indexed publication containing all Federal 
                regulations, general permits, and regulatory guidance 
                letters relevant to the permitting of activities 
                pursuant to section 404 of the Federal Water Pollution 
                Control Act (33 U.S.C. 1344); and
                    (B) information to enable the general public to 
                understand the delineation of wetlands, section 404 
                permitting requirements, wetlands restoration, and 
                other matters considered relevant.

SEC. 5. REGULATION OF ACTIVITIES.

    (a) Definition of Fill Material.--
            (1) Section 404(d) (33 U.S.C. 1344(d)) is amended--
                    (A) by inserting ``(1)'' after ``(d)''; and
                    (B) by adding at the end the following:
                    ``(2) The term `fill material' as used in this 
                section means any material that has the effect of 
                replacing portions of navigable waters or changing the 
                bottom elevation or configuration of a water body.''.
            (2) Section 502(6) (33 U.S.C. 1362(6)) is amended by 
        inserting ``fill material, dirt,'' after ``dredged spoil,''.
    (b) Definition of Discharge of Dredged or Fill Material.--Section 
404(d) (33 U.S.C. 1344(d)), as amended by this Act, is amended by 
adding at the end the following:
            ``(3) The term `discharge of dredged or fill material' 
        means any addition of dredged or fill material into navigable 
        waters and includes, without limitation, any addition or 
        redeposit of dredged or fill materials, including excavated 
        materials, into the navigable waters which is incidental to any 
        activity, including draining, mechanized landclearing, 
        ditching, channelization, or other excavation that has or would 
        have the effect of destroying or degrading any area of 
        navigable waters.''.

SEC. 6. PERMIT PROCESSING IMPROVEMENTS.

    (a) Permit Decision Deadlines.--Section 404(a) (33 U.S.C. 1344(a)), 
as amended by this Act, is amended by adding the following new 
paragraphs:
            ``(3) Except as provided in paragraph (4), a decision with 
        respect to an application for a permit under paragraph (1) 
        shall be made not later than the ninetieth day after the date 
        the notice of such application is published under paragraph 
        (1).
            ``(4) The Secretary's decision with respect to an 
        application for a permit under paragraph (1) may be made after 
        the ninetieth day referred to in paragraph (3), only if--
                    ``(A) with respect to issuance of the permit, the 
                Secretary is required under the National Environmental 
                Policy Act of 1969, as amended, to issue an 
                environmental impact statement, in which case the 
                decision shall be made within thirty days of date on 
                which the requirements of that Act are met;
                    ``(B) the permit application involves an activity 
                that may affect any species that is listed or any 
                critical habitat that is designated under the 
                Endangered Species Act of 1973, as amended, in which 
                case the decision shall be made within thirty days of 
                the date on which the requirements of that Act are met;
                    ``(C) the Administrator, the Secretaries of the 
                Departments of Agriculture, the Interior, Commerce, or 
                Transportation, the head of another appropriate Federal 
                agency, or the Governor of the State in which the 
                activity occurs requests that the decision be made 
                after such day, in which case the decision shall be 
                made not later than the one hundred and fiftieth day 
                after the date the notice of application is published 
                under paragraph (1);
                    ``(D) the Secretary and the permit applicant 
                determine that additional time is needed to evaluate 
                such application; or
                    ``(E) the decision is precluded as a matter of law 
                or procedures required by law.''.
    (b) Deadlines on Prohibition or Restriction of Activities by 
Administrator.--Section 404(c) (33 U.S.C. 1344(c)) is amended by adding 
at the end the following new sentence: ``The Administrator shall make 
any determination under this subsection to prohibit or restrict any 
discharge into navigable waters resulting from an activity for which a 
permit may be issued under subsection (a) not later than the one 
hundred and eightieth day after the date of decision with respect to an 
application for such a permit under subsection (a).''.
    (c) Administrative Appeal of Permit Decisions.--
            (1) In general.--Section 404(a) (33 U.S.C. 1344(a)), as 
        amended by this Act, is amended by adding at the end the 
        following new paragraph:
            ``(5) The Secretary shall, after notice and an opportunity 
        for public comment, issue rules establishing procedures under 
        which--
                    ``(A) an applicant for a permit under paragraph (1) 
                or any person who participated in the public comment 
                process regarding such permit application may appeal a 
                decision under this subsection with respect to such a 
                permit; and
                    ``(B) an appeal shall be heard and decided by an 
                official other than the person who made the decision 
                with respect to such a permit.''.
            (2) Deadline for issuance of rules.--The Secretary shall 
        issue rules under section 404(a)(5) (33 U.S.C. 1344(a)(5)), as 
        amended by this Act, by not later than one hundred eighty days 
        after the date of the enactment of this Act.

SEC 7. GENERAL PERMIT IMPROVEMENTS.

    Section 404(e) (33 U.S.C. 1344(e)) is amended to read as follows:
    ``(e)(1) In general.--In carrying out the functions of the 
Secretary under this section relating to the discharge of dredged or 
fill material, the Secretary may, after notice and opportunity for a 
public hearing, issue general permits.
    ``(2) Categories of activities.--General permits may be issued on a 
State, regional, or nationwide basis for any category of activities 
involving discharges of dredged or fill material if the Secretary 
determines that the activities in such category are similar in nature, 
will cause only minimal adverse environmental effects when performed 
separately, and will have only a minimal cumulative adverse effect on 
the environment.
    ``(3) State and local programs.--
            ``(A) In general.--A general permit may be issued for an 
        existing State, tribal, regional or local regulatory program to 
        avoid unnecessary duplication of requirements by Federal, 
        State, tribal, regional, and local programs if the general 
        permit--
                    ``(i) requires that the State, tribal, regional, or 
                local regulatory program has jurisdiction over the 
                activities and waters within the scope of the general 
                permit;
                    ``(ii) provides adequate safeguards to ensure that 
                the State, tribal, regional, or local regulatory 
                program will have no more than minimal cumulative 
                impacts on the environment and will provide at least 
                the same degree of protection for the navigable waters 
                as that provided by this section;
                    ``(iii) provides at least the same opportunity for 
                public review, comment, and hearings as that provided 
                by this section; and
                    ``(iv) includes provisions to provide an 
                opportunity for the Secretary, the Administrator, the 
                Secretary of the Interior (acting through the Director 
                of the United States Fish and Wildlife Service), and 
                the Secretary of Commerce (acting through the 
                Administrator of the National Oceanic and Atmospheric 
                Administration) to review permit decisions submitted to 
                the State, tribal, regional, or local regulatory agency 
                to ensure that the requirements of this subsection are 
                met.
            ``(B) After December 31, 1996, a general permit shall not 
        be issued or remain in effect for a local or regional 
        regulatory program unless the program is part of a wetlands and 
        watershed management plan approved under section 322, and the 
        responsible unit of government has the legal authority and 
        scientific monitoring capability to issue, monitor, and enforce 
        permits in compliance with the requirements of the plan and the 
        terms and conditions of the general permit.
    ``(4) Swampbuster.--A general permit may be issued for discharges 
of dredged or fill material associated with activities found by the 
Secretary of Agriculture, in consultation with the Secretary of the 
Interior acting through the Director of the United States Fish and 
Wildlife Service, to be exempted from the ineligibility provisions of 
section 1222 of the Food Security Act of 1985 (16 U.S.C. 3822) pursuant 
to section 1222 (f) and (h) of that Act if the general permit--
            ``(A) provides adequate safeguards to ensure that the 
        activities exempted will have no more than minimal individual 
        and cumulative impacts on the environment; and
            ``(B) includes provisions to provide an opportunity for the 
        Secretary and the Administrator to review determinations by the 
        Secretary of Agriculture to ensure that the terms and 
        conditions of the general permit and the requirements of this 
        subsection are met.
    ``(5) Requirements applicable to general permits.--
            ``(A) No general permit issued under this subsection shall 
        be for a period of more than five years after the date of its 
        issuance and such general permit may be revoked or modified by 
        the Secretary if, after notice and opportunity to request a 
        public hearing, the Secretary determines that the activities 
        authorized by such general permit have an adverse impact on the 
        environment or such activities are more appropriately 
        authorized by individual permits or a State, Tribal or local 
        government has failed to adequately monitor and control the 
        individual and cumulative adverse effects of activities 
        authorized by State, Tribal, regional or local program general 
        permits issued under paragraph (3).
            ``(B) Any general permit issued under this subsection 
        shall--
                    ``(i) be based on the guidelines developed pursuant 
                to subsection (b)(1); and
                    ``(ii) set forth requirements and standards which 
                shall apply to any activity authorized by such permit, 
                including specific enforceable requirements and 
                standards for mitigation of adverse impacts to wetlands 
                and other navigable waters.''.

SEC. 8. COORDINATION AND CLARIFICATION OF PROGRAM CONCERNING 
              AGRICULTURAL ACTIVITIES.

    (a) Coordination With Agricultural Programs.--Section 404(q) (33 
U.S.C. 1344(q)) is amended by inserting ``(1)'' after ``(q)'' and by 
adding the following new paragraph:
            ``(2) Not later than one hundred and eighty days after the 
        date of enactment of this subsection, the Secretary, the 
        Administrator, the Secretary of the Interior, and the Secretary 
        of Agriculture shall enter into agreements to develop 
        consistent criteria and procedures for making technical 
        determinations under subtitle C of title XII of the Food 
        Security Act of 1985 (16 U.S.C. 3821 et seq.) and this section 
        concerning wetlands located on agricultural lands, including 
        but not limited to the delineation of wetlands and prior 
        converted croplands and to provide information and education 
        concerning these criteria and procedures.''.
    (b) Exemption for Prior Converted Cropland.--Section 404(f) (33 
U.S.C. 1344(f)) is amended by adding the following new paragraph:
            ``(3)(A) Areas determined in accordance with subparagraph 
        (B) to be prior converted cropland shall not be considered to 
        be navigable waters.
            ``(B) The Secretary, the Administrator, the Secretary of 
        Agriculture, and the Secretary of the Interior shall promulgate 
        regulations, after notice and opportunity for public review and 
        comment, for identifying areas that meet the description under 
        subparagraph (A) for administering the programs established 
        under this section and subtitle C of title XII of the Food 
        Security Act of 1985 (16 U.S.C. 3821 et seq.).''.
    (c) Other Exempt Waters and Areas.--Section 404(f) (33 U.S.C. 
1344(f)), as amended by this Act, is amended by adding the following 
new paragraph:
            ``(4)(A) For purposes of this section, the following shall 
        not be considered to be navigable waters--
                    ``(i) nontidal drainage and 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) water-filled depressions created in uplands 
                incidental to construction activity and pits excavated 
                in uplands for the purpose of obtaining fill, sand, or 
                gravel, 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; 
                and
                    ``(vi) artificial stormwater detention areas and 
                artificial sewage treatment areas that are not 
                modifications of navigable waters.''.
    (d) Exempted Activities.--Section 404(f)(1) (33 U.S.C. 1344(f)(1)) 
is amended to read as follows:
    ``(f)(1) Except as provided in paragraph (2), the discharge of 
dredged or fill material into navigable waters--
            ``(A) from normal farming, silviculture, and ranching 
        activities, such as haying, grazing, plowing, seeding, 
        cultivating, minor drainage, harvesting for the production of 
        food, fiber, and forest products, or upland soil and water 
        conservation practices;
            ``(B) for the purpose of maintenance, including emergency 
        reconstruction of recently damaged parts, of currently 
        serviceable structures such as dikes, dams, levees, groins, 
        riprap, breakwaters, causeways, bridge abutments or approaches, 
        and transportation structures;
            ``(C) for the purpose of construction or maintenance of 
        farm or stock ponds or irrigation ditches, or the maintenance 
        of drainage ditches;
            ``(D) for the purpose of construction of temporary 
        sedimentation basins on a construction site which does not 
        involve a discharge of fill into navigable waters;
            ``(E) for the purpose of construction or maintenance of 
        farm roads or forest roads, or temporary roads for moving 
        mining equipment, where 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 navigable waters are not 
        impaired, that the reach of the navigable waters is not 
        reduced, and that any adverse effect on the aquatic environment 
        will otherwise be minimized; or
            ``(F) resulting from any activity with respect to which a 
        State has an approved program under section 208(b)(4) which 
        meets the requirements of subparagraphs (B) and (C) of such 
        section,
is not prohibited by or otherwise subject to regulation under this 
section or section 301(a) or 402 of this Act (except for effluent 
standards or prohibitions under section 307).''.
    (e) Cooperation With Secretary of Agriculture.--Section 404(f) (33 
U.S.C. 1344(f)), as amended by this Act, is amended by adding the 
following new paragraph:
            ``(5) In carrying out this subsection, the Secretary and 
        the Administrator shall coordinate their efforts with the 
        Secretary of Agriculture.''.

SEC. 9. MITIGATION BANKS.

    Section 404 (33 U.S.C. 1344) is amended by adding at the end 
thereof the following new section:
    ``(u) Mitigation Banks.--
            ``(1) Establishment.--
                    ``(A) In general.--Not later than one year after 
                the date of the enactment of the Wetlands Conservation 
                and Regulatory Improvements Act of 1993, the Secretary 
                and the Administrator shall jointly issue rules, after 
                notice and opportunity for public review and comment, 
                for establishment, use, maintenance and oversight of 
                mitigation banks.
                    ``(B) Provisions and requirements.--Rules for 
                establishment, use, maintenance and oversight of 
                mitigation banks shall ensure that mitigation banks--
                            ``(i) comply with the guidelines under 
                        subsection (b)(1);
                            ``(ii) to the extent practicable and 
                        environmentally desirable, provide in-kind 
                        replacement of lost wetlands functions and be 
                        located on or in proximity to the same 
                        watershed as impacted wetlands;
                            ``(iii) provide for the long-term security 
                        of ownership interests of wetlands and uplands 
                        on which projects are conducted to protect the 
                        wetlands values associated with the mitigation 
                        bank;
                            ``(iv) employ consistent and 
                        scientifically-sound methods to determine 
                        debits by evaluating wetlands functions and 
                        project impacts at the sites of proposed 
                        permits for discharges of dredged or fill 
                        material pursuant to this section, and methods 
                        to be used to determine credits based upon 
                        wetlands functions, values, and acreages at the 
                        sites of mitigation banks;
                            ``(v) base fee charges for participation in 
                        the mitigation bank on the full costs of 
                        replacing lost wetlands functions and acreage, 
                        including the costs of land acquisition, 
                        wetlands establishment, management measures, 
                        long-term maintenance, monitoring, and 
                        protection, potential remediation of project 
                        failure, and other relevant factors;
                            ``(vi) shall specify responsibilities for 
                        long-term monitoring, maintenance, and 
                        protection; and
                            ``(vii) shall provide opportunity for 
                        public review of proposals for mitigation banks 
                        through one or more opportunities for public 
                        notice and comment.
            ``(2) Definition.--As used in this subsection, the term 
        `mitigation bank' means wetlands restoration projects 
        undertaken by one or more parties, including private and public 
        entities, expressly for the purpose of providing, in advance, 
        mitigation compensation credits to fully offset reasonably 
        foreseeable wetlands losses from future discharges of dredged 
        or fill material into the navigable waters, where compensatory 
        mitigation at the project site is not practicable or is not 
        environmentally desirable.''.

SEC. 10. GRANT AUTHORITY FOR RESEARCH, INVESTIGATION, AND TRAINING.

    Section 104 (33 U.S.C. 1254) is amended by adding at the end the 
following new subsection:
    ``(v) The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to make grants to and enter into cooperative 
agreements with State agencies, interstate agencies, other public or 
non-profit agencies, institutions, organizations and individuals for 
purposes stated in paragraph (1) of subsection (a) of this section.''.

SEC. 11. REPORTS AND ANALYSIS.

    (a) Effects of Program on Wetlands.--Section 404(a) (33 U.S.C. 
1344(a)), as amended by this Act, is amended by adding at the end the 
following new paragraph:
            ``(6)(A) The Secretary, the Administrator, and the States 
        which have a permit program approved under subsection (h)(2) 
        shall collect and make available to the Congress and the public 
        every two years information regarding the effects on navigable 
        waters of activities conducted under permits (including general 
        permits) issued pursuant to this section, including--
                    ``(i) the number of permit applications that were 
                granted, withdrawn or denied;
                    ``(ii) estimates of the total acreage of navigable 
                waters affected adversely by issuance of individual 
                permits;
                    ``(iii) estimates of the acreage of navigable 
                waters affected by each general permit, in order to 
                determine whether the individual and cumulative adverse 
                environmental effects of activities authorized by each 
                general permit are minimal; and
                    ``(iv) estimates of the acreage of navigable waters 
                preserved or restored through mitigation of permitted 
                activities and the rate of compliance with such 
                mitigation requirements.
            ``(B) Monitoring.--For purposes of preparing reports under 
        this paragraph, the Secretary, the Administrator, and the 
        Secretary of the Interior shall jointly monitor the achievement 
        of the policy stated in section 101(a)(8) under permits issued 
        under this section.''.
    (b) Needs Analysis.--
            (1) In general.--Not later than ninety days after the date 
        of the enactment of this Act, the Comptroller General of the 
        United States shall submit to the Congress an analysis of the 
        needs of the Department of the Army, the Environmental 
        Protection Agency, the United States Fish and Wildlife Service, 
        and the National Marine Fisheries Service for additional 
        personnel, administrative resources, and funding to improve 
        implementation of section 404 of the Federal Water Pollution 
        Control Act (33 U.S.C. 1344) and to carry out the provisions of 
        this Act.
            (2) Contents.--The analysis submitted under this subsection 
        shall--
                    (A) give particular emphasis to the needs of the 
                agencies identified in paragraph (1) with respect to 
                improving and expediting wetlands delineation and 
                section 404 permitting, including advance planning and 
                early consultation;
                    (B) include specific recommendations regarding 
                additional appropriations and staffing necessary for 
                that improvement and expedition; and
                    (C) include specific recommendations concerning 
                allocation of additional appropriations and staffing to 
                the regional, district and field offices of the 
                agencies identified in paragraph (1) according to the 
                workload of those offices.

SEC. 12. WETLANDS CONSERVATION, MANAGEMENT AND RESTORATION.

    (a) Funding for State Wetlands Conservation Plans.--Section 
104(b)(3) (33 U.S.C. 1254(b)(3)) is amended by inserting immediately 
before the semicolon `` and for the development and implementation of 
State wetlands conservation plans under section 321''.
    (b) Wetlands Conservation, Management and Restoration.--Title III 
(33 U.S.C. 1311 et seq.) is amended by the adding at the end the 
following new sections:

``SEC. 321. STATE WETLANDS CONSERVATION PLANS.

    ``(a) Development and Implementation Assistance.--Subject to the 
requirements established by the Administrator and this section, the 
Administrator is authorized to make grants to States to assist in the 
development and implementation of State wetlands conservation plans.
    ``(b) Contents of Plans.--To qualify for assistance under 
subsection (a), a State wetlands conservation plan shall generally 
include--
            ``(1) management strategies and policies for achieving 
        within the State the goal under section 101(a)(8);
            ``(2) an inventory of wetlands resources in the State;
            ``(3) a description of the major causes of wetlands loss 
        and degradation in the State, including an estimate of 
        historical wetlands losses;
            ``(4) a description of State and local government programs 
        applying to wetlands resources in the State;
            ``(5) identification of sites in the State with wetlands 
        restoration potential;
            ``(6) identification of riparian areas in the State with 
        restoration potential;
            ``(7) a schedule for implementing the elements of the plan;
            ``(8) a mechanism for monitoring achievement of the stated 
        goals of the plan;
            ``(9) measures to assist in the development of wetlands and 
        watershed management plans under section 322; and
            ``(10) involvement of local public and private agencies and 
        organizations which have expertise in wetlands conservation or 
        land use planning or development.

``SEC. 322. WETLANDS AND WATERSHED MANAGEMENT PLANS.

    ``(a) Designation and Approval of Management Units and Entities.--
            ``(1) In general.--The Governor of a State may at any time 
        designate wetlands and associated land areas within the State 
        as a wetlands and watershed management unit.
            ``(2) Unit boundaries.--The boundaries of each wetlands and 
        watershed management unit shall be identified on a map and 
        shall be based on the best available scientific information 
        and, to the extent practicable, consistent with the 
        hydrological units identified by the United States Geological 
        Survey of the Department of the Interior as the most 
        appropriate units for planning purposes.
            ``(3) Management entity.--The Governor of a State shall 
        determine the entity responsible for developing and 
        implementing a plan for each wetlands and watershed management 
        unit designated under this section. The management entity may 
        be an agency of State government, a local government agency, a 
        substate regional planning organization, a conservation 
        district or other natural resource management district, or any 
        other public or nonprofit entity which has adequate powers to 
        carry out the responsibilities authorized by this section.
            ``(4) Approval.--Each designation of a wetlands and 
        watershed management unit and a corresponding management entity 
        under this subsection shall be submitted to the Administrator 
        and the Secretary of the Army, acting through the Chief of 
        Engineers (hereinafter in this section referred to as 
        `Secretary'), for approval. The Administrator and the Secretary 
        shall approve the designation of a management unit and entity 
        not later than one hundred and eighty days after the date of 
        submittal, if the designation meets the requirements of this 
        section. If the Administrator and the Secretary disapprove the 
        designation, they shall notify the State in writing of the 
        reasons for disapproval. The State may resubmit the designation 
        amended to meet the objections of the Administrator and the 
        Secretary.
    ``(b) Development and Approval of a Wetlands and Watershed 
Management Plan.--
            ``(1) Plan development.--An approved management entity 
        shall be eligible to receive funding pursuant to section 
        106(h), 205(j), 319(e), or 604(b) (or any combination thereof) 
        for the following activities in the development of a wetlands 
        and watershed management plan:
                    ``(A) Inventory and mapping of--
                            ``(i) all navigable waters within the 
                        proposed wetlands and watershed management 
                        unit; and
                            ``(ii) potential wetlands restoration 
                        sites.
                    ``(B) Assessment of the functions and relative 
                value of wetlands within the wetlands and watershed 
                management unit.
                    ``(C) Categorization of activities according to the 
                degree to which they have an adverse effect on 
                navigable waters within the wetlands and watershed 
                management unit.
                    ``(D) Identification and adoption of programs, 
                policies and measures to achieve within the wetlands 
                and watershed management unit the goal under section 
                101(a)(8).
                    ``(E) Identification of potential mitigation banks.
                    ``(F) Identification and adoption of measures to 
                integrate wetlands planning and management with broader 
                water resource and land use planning and management, 
                including floodplain management, water supply, 
                stormwater management, and control of point and 
                nonpoint source pollution.
                    ``(G) Identification and adoption of measures to 
                increase consistency in Federal, State, and local 
                wetlands definitions, delineation methodologies, and 
                permitting approaches.
                    ``(H) Identification and establishment of 
                management strategies for restoring wetlands on a 
                watershed basis.
            ``(2) Public participation.--Each State shall establish 
        procedures, including the establishment of scientific and 
        citizens' advisory committees, to encourage the public to 
        participate in developing wetlands and watershed management 
        plans under this section.
            ``(3) Approval of plans.--
                    ``(A) Submission of plan.--The Governor of a State 
                may submit to the Administrator for approval a wetlands 
                and watershed management plan developed pursuant to 
                this section.
                    ``(B) Decision on plan.--The Administrator and the 
                Secretary shall, in consultation with the Secretaries 
                of the Interior, Agriculture, and Commerce, and after 
                notice and opportunity for public comment, approve or 
                disapprove a wetlands and watershed management plan 
                within one hundred and eighty days of the date the plan 
                is submitted by a Governor pursuant to this paragraph.
                    ``(C) Plan requirements.--The Administrator and the 
                Secretary shall approve a wetlands and watershed 
                management plan submitted pursuant to this paragraph if 
                they determine that the plan satisfies each of the 
                following conditions--
                            ``(i) the plan has been developed for a 
                        wetlands and watershed management unit 
                        designated and approved pursuant to subsection 
                        (a);
                            ``(ii) the management entity with 
                        responsibility to carry out the plan has been 
                        designated and approved pursuant to subsection 
                        (a) and has the legal authority and financial 
                        resources to carry out the plan;
                            ``(iii) the plan contains an inventory and 
                        mapping of--
                                    ``(I) all navigable waters within 
                                the proposed wetlands and watershed 
                                management unit; and
                                    ``(II) potential wetlands 
                                restoration sites with a description of 
                                their intended functions upon 
                                completion and the time required for 
                                completion;
                            ``(iv) the management entity has adopted 
                        programs, policies and measures that will 
                        ensure achievement within the watershed of the 
                        goal under section 101(a)(8); and
                            ``(v) the plan provides that the management 
                        entity will report to the Administrator, the 
                        Secretary and the public every two years on 
                        implementation of the plan and on the losses 
                        and gains in functions and acres of wetlands 
                        within the wetlands and watershed management 
                        unit.
    ``(c) Plan Implementation and Revision.--
            ``(1) Planning and implementation schedule.--Each wetlands 
        and watershed management plan submitted and approved under 
        subsection (b) shall include a planning and implementation 
        schedule for a period of at least ten years.
            ``(2) Duration of approval.--The approval of a plan by the 
        Administrator and the Secretary shall apply for a period not to 
        exceed ten years.
            ``(3) Plan revisions.--A revised and updated plan may be 
        submitted for approval prior to the expiration of the period 
        specified in paragraph (2) pursuant to the same conditions and 
        requirements that apply to any initial plan for a wetlands and 
        watershed management unit that is approved pursuant to 
        subsection (b).
    ``(d) Incentives for Wetlands and Watershed Management Planning.--
            ``(1) Funding of projects and activities.--Projects and 
        activities identified in an approved plan as necessary for 
        achievement within the wetlands and watershed management unit 
        of the goal under section 101(a)(8), and not otherwise required 
        by this or other Federal law, shall--
                    ``(A) be eligible for funding under section 
                603(c)(1)(F);
                    ``(B) be included in any needs assessment conducted 
                pursuant to section 516; and
                    ``(C) be eligible for funding under section 
                604(a)(2)(C).
            ``(2) Expedited permit review.--Notwithstanding section 
        404(a), a decision under that section with respect to a 
        completed application for a permit for discharge of dredged or 
        fill material into navigable waters within a designated 
        wetlands and watershed unit and subject to an approved wetlands 
        and watershed management plan shall be made not later than the 
        sixtieth day after the date the notice of such application is 
        published under section 404(a)(1), unless--
                    ``(A) with respect to issuance of the permit, the 
                Secretary is required under the National Environmental 
                Policy Act of 1969 to issue an environmental impact 
                statement;
                    ``(B) the permit application involves an activity 
                that may affect any species that is listed or any 
                critical habitat that is designated under the 
                Endangered Species Act of 1973;
                    ``(C) the Administrator, the Secretaries of the 
                Departments of Agriculture, the Interior, Commerce, or 
                Transportation, the head of another appropriate Federal 
                agency, or the Governor of the State in which the 
                activity occurs requests that the decision be made 
                after such day, in which case the decision shall be 
                made not later than the ninetieth day after the date 
                the notice of application is published under section 
                404(a)(1);
                    ``(D) the Secretary and the permit applicant 
                determine that additional time is needed to evaluate 
                such application; or
                    ``(E) the decision is precluded as a matter of law 
                or procedures required by law.
            ``(3) Mitigation banks.--
                    ``(A) At the request of an approved management 
                entity, the Secretary and the Administrator shall 
                provide assistance in establishment of mitigation banks 
                under this section and section 404(u) by the approved 
                management entity to achieve the goal under section 
                101(a)(8) within an approved wetlands and watershed 
                management unit and in accordance with an approved 
                wetlands and watershed management plan.
                    ``(B) Establishment and oversight of mitigation 
                banks within an approved wetlands and watershed 
                management unit and in accordance with an approved 
                wetlands and watershed management plan shall be 
                eligible for funding under paragraph (1).
            ``(4) Programmatic general permits.--After December 31, 
        1996, a general permit may be issued or remain in effect under 
        section 404(e)(3) for a local or regional regulatory program if 
        the program is part of a wetlands and watershed management plan 
        approved under section 322.
    ``(f) Research Program.--The Administrator, in cooperation with the 
Secretary, the Secretary of the Interior and other appropriate Federal, 
State, and local government entities, shall initiate a research program 
of wetlands and watershed management. The research program shall 
include--
            ``(1) study of the functions, values and management needs 
        of altered, artificial, and managed wetlands systems;
            ``(2) study and development of techniques and methods for 
        determining and analyzing the functions and values of different 
        types of wetlands;
            ``(3) study and development of techniques for managing and 
        restoring wetlands within a watershed context;
            ``(4) study and development of techniques for better 
        coordinating and integrating wetlands protection, floodplain 
        management, stormwater management, point and nonpoint source 
        pollution controls, and water supply planning on a watershed 
        basis;
            ``(5) development of criteria for identifying wetlands 
        restoration sites on a watershed basis; and
            ``(6) recommendation of procedures and ecological criteria 
        for wetlands restoration.

``SEC. 323. INTERGOVERNMENTAL WETLANDS COORDINATING COMMITTEE.

    ``(a) Establishment.--Not later than ninety days after the date of 
the enactment of the Wetlands Conservation and Regulatory Improvements 
Act of 1993, the Administrator shall establish a committee to 
coordinate Federal, State, and local government wetlands policies 
(hereinafter in this section referred to as the `Coordinating 
Committee').
    ``(b) Functions.--The Coordinating Committee shall--
            ``(1) assist in coordinating Federal, State, and local 
        wetlands policies;
            ``(2) make comments available to the Secretary of the Army, 
        acting through the Chief of Engineers, or the Administrator 
        regarding existing and proposed regulatory, policy, program, or 
        technical guidance affecting wetlands systems;
            ``(3) in cooperation with the Secretary of the Army, acting 
        through the Chief of Engineers, and the Administrator, assist 
        in the review and field-testing of technical and scientific 
        methods utilized in wetlands regulatory and non-regulatory 
        program;
            ``(4) encourage the development and implementation of State 
        wetlands conservation plans pursuant to section 321;
            ``(5) encourage the development and implementation of 
        wetlands and watershed management plans pursuant to section 
        322; and
            ``(6) assist in the development of a national strategy for 
        the restoration of wetlands ecosystems pursuant to section 324.
    ``(c) Membership.--The Committee shall be composed of eighteen 
members as follows:
            ``(1) The Administrator.
            ``(2) The Secretary of the Army, acting through the Chief 
        of Engineers.
            ``(3) The Secretary of the Interior, acting through the 
        Director of the United States Fish and Wildlife Service.
            ``(4) The Secretary of Agriculture, acting through the 
        Chief of the Soil Conservation Service.
            ``(5) The Under Secretary of Commerce for Oceans and 
        Atmosphere.
            ``(6) One individual appointed by the Administrator who 
        shall represent the National Governor's Association.
            ``(7) One individual appointed by the Administrator who 
        shall represent the National Association of Counties.
            ``(8) One individual appointed by the Administrator who 
        shall represent the National League of Cities.
            ``(9) Ten State wetlands experts selected and appointed by 
        the Administrator from among nominations submitted by the 
        Governors of each State.
    ``(d) Terms.--Each member appointed pursuant to paragraph (6), (7), 
(8), or (9) of subsection (c) shall be appointed for a term of two 
years.
    ``(e) Vacancies.--A vacancy in the Coordinating Committee shall be 
filled, on or before the thirtieth 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) Co-Chairpersons.--The Administrator and one member appointed 
pursuant to paragraph (6), (7), or (8) of subsection (c) who shall be 
selected by such members shall serve as co-chairpersons of the 
Coordinating Committee.

``SEC. 324. NATIONAL COOPERATIVE WETLANDS RESTORATION STRATEGY.

    ``(a) Development.--Not later than one year after the date of the 
enactment of the Wetlands Conservation and Regulatory Improvements Act 
of 1993, the Administrator and the Secretary of the Army, acting 
through the Chief of Engineers, in cooperation with the Coordinating 
Committee established under section 323, and with opportunity for 
public comment and participation, shall develop a National Cooperative 
Wetlands Restoration Strategy (hereinafter referred to as the 
`Restoration Strategy').
    ``(b) Goals.--The goal of the Restoration Strategy shall be to 
restore damaged and degraded wetlands and riparian ecosystems 
consistent with the goals of this Act and with the recommendations of 
the National Academy of Sciences with regard to the restoration of 
aquatic ecosystems.
    ``(c) Functions.--The Restoration Strategy shall--
            ``(1) be designed to help coordinate and promote 
        restoration efforts by Federal, State, regional, and local 
        governments and the private sector;
            ``(2) inventory and evaluate existing restoration efforts 
        and make suggestions for the establishment of additional 
        efforts and funding mechanisms for such efforts consistent with 
        existing Federal, State and local programs and plans;
            ``(3) evaluate the role played by, and success of, wetlands 
        restoration efforts in both regulatory and nonregulatory 
        contexts;
            ``(4) evaluate current efforts to monitor restoration 
        efforts;
            ``(5) periodically report on the status of wetlands 
        restoration efforts; and
            ``(6) identify regulatory and nonregulatory obstacles to 
        wetlands ecosystem restoration and recommend methods to remove 
        such obstacles.''.

                                 <all>

S 1304 IS----2
S 1304 IS----3
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