340
price at which property would change hands, in
a competitive and open market under all condi-
tions requisite to a fair sale, between a willing
buyer and a willing seller, neither being under
any compulsion to buy or sell and both having
reasonable knowledge of relevant facts, at the
time the agency action occurs.
‘‘(H) LAW OF A STATE.—The term ‘law of
a State’ includes the law of a political subdivi-
sion of a State.
‘‘(I) MITIGATION BANK.—The term ‘miti-
gation bank’ means a wetlands restoration, cre-
ation, enhancement, or preservation project un-
dertaken by one or more parties, including pri-
vate and public entities, expressly for the pur-
pose of providing mitigation compensation cred-
its to offset adverse impacts to wetlands or
other waters of the United States authorized by
the terms of permits allowing activities in such
wetlands or waters.
‘‘(J) 
NAVIGATIONAL
DREDGING.—The
term ‘navigational dredging’ means the dredg-
ing of ports, waterways, and inland harbors, in-
cluding berthing areas and local access channels
appurtenant to a Federal navigation channel.
341
‘‘(K) PROPERTY.—The term ‘property’
means land and includes the right to use or re-
ceive water.
‘‘(L) SECRETARY.—The term ‘Secretary’
means the Secretary of the Army.
‘‘(M) STATE
WITH
SUBSTANTIAL
CON-
SERVED WETLANDS AREAS.—The term ‘State
with substantial conserved wetlands areas’
means any State which—
‘‘(i) contains at least 10 areas of wet-
lands for each acre of wetlands filled,
drained, or otherwise converted within such
State (based upon wetlands loss statistics
reported in the 1990 United States Fish
and Wildlife Service Wetlands Trends re-
port to Congress entitled ‘Wetlands Losses
in the United States 1780’s to 1980’s’); or
‘‘(ii) the Secretary of the Army deter-
mines has sufficient conserved wetlands
areas to provided adequate wetlands con-
servation in such State, based on the poli-
cies set forth in this Act.
‘‘(N) VERNAL POOLS.—The term ‘vernal
pools’ means individual isolated wetlands that
342
have exceptional waterfowl habitat functions
and that exhibit the following characteristics:
‘‘(i) an area greater than 1⁄2 acre;
‘‘(ii) seasonal standing for no less
than 45 consecutive days during the fall
and winter in an average precipitation sea-
son;
‘‘(iii) an impermeable subsurface hard
pan soil layer that prevents subsurface
water drainage or percolation; and
‘‘(iv) a surface outlet for relief of
water flow.
‘‘(O) WETLANDS.—The term ‘wetlands’
means those lands that meet the criteria for de-
lineation of lands as wetlands set forth in sub-
section (g).’’.
SEC. 804. DEFINITIONS.
Section 502 (33 U.S.C. 1362) is further amended—
(1) in paragraph (6)—
(A) by striking ‘‘dredged spoil,’’;
(B) by striking ‘‘or (B)’’ and inserting
‘‘(B)’’; and
(C) by inserting before the period at the
end ‘‘; and (C) dredged or fill material’’; and
343
(2) by adding at the end thereof the following
new paragraphs:
‘‘(28) The term ‘wetlands’ means lands which have
a predominance of hydric soils and which are inundated
by surface water at a frequency and duration sufficient
to support, and that under normal circumstances do sup-
port, a prevalence of vegetation typically adapted for life
in saturated soil conditions. Wetlands generally include
swamps, marshes, bogs, and similar areas.
‘‘(29) The term ‘creation of wetlands’ means an activ-
ity that brings a wetland into existence at a site where
it did not formerly occur for the purpose of compensatory
mitigation.
‘‘(30) The term ‘enhancement of wetlands’ means any
activity that increases the value of one or more functions
in existing wetlands.
‘‘(31) The term ‘farmed wetland’ means those agri-
cultural lands, as defined in section 404, and associated
nonagricultural lands exhibiting wetlands characteristics,
as delineated solely by the Secretary of Agriculture.
‘‘(32) The term ‘fastlands’ means lands located be-
hind legally constituted man-made structures or natural
formations, such as levees constructed and maintained to
permit the utilization of such lands for commercial, indus-
344
trial, or residential purposes consistent with local land use
planning requirements.
‘‘(33) The term ‘wetlands functions’ means the roles
wetlands serve, including flood water storage, flood water
conveyance, ground water recharge, erosion control, wave
attenuation, water quality protection, scenic and aesthetic
use, food chain support, fisheries, wetlands plant habitat,
aquatic habitat, and habitat for wetland dependent wild-
life.
‘‘(34) The term ‘growing season’ means, for each
plant hardiness zone, the period between the average date
of last frost in spring and the average date of first frost
in autumn.
‘‘(35) The term ‘incidentally created wetlands’ means
lands that exhibit wetlands characteristics sufficient to
meet the criteria for delineation of wetlands, where one
or more of such characteristics is the unintended result
of human induced alterations of hydrology.
‘‘(36) The term ‘maintenance’ when used in reference
to wetlands means activities undertaken to assure continu-
ation of a wetland or the accomplishment of project goals
after a restoration or creation project has been technically
completed, including water level manipulations and control
of nonnative plant species.
345
‘‘(37) The term ‘mitigation banking’ means wetlands
restoration, enhancement, preservation or creation for the
purpose of providing compensation for wetland degrada-
tion or loss.
‘‘(38) The term ‘normal farming, silviculture, aqua-
culture and ranching activities’ means normal practices
identified as such by the Secretary of Agriculture, in con-
sultation with the Cooperative Extension Service for each
State and the land grant university system and agricul-
tural 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.
‘‘(39) The term ‘restoration’ in reference to wetlands
means an activity undertaken to return a wetland from
a disturbed or altered condition with lesser acreage or
fewer functions to a previous condition with greater wet-
lands acreage or functions.
‘‘(40) The term ‘temporary impact’ means the dis-
turbance or alteration of wetlands caused by activities
under circumstances in which, within 3 years following the
commencement of such activities, such wetlands—
‘‘(A) are returned to the conditions in existence
prior to the commencement of such activity; or
‘‘(B) display conditions sufficient to ensure,
that without further human action, such wetlands
346
will return to the conditions in existence prior to the
commencement of such activity.
‘‘(41) The term ‘airport hazard’ has the meaning
such term has under section 47102 of title 49, United
States Code.’’.
SEC. 805. TECHNICAL AND CONFORMING AMENDMENTS.
(a) VIOLATION.—Section 301(a) (33 U.S.C. 1311(a))
is amended—
(1) by striking ‘‘402, and 404’’ and inserting
‘‘and 402’’; and
(2) by adding at the end the following: ‘‘Except
as in compliance with this section and section 404,
the undertaking of any activity in wetlands or waters
of the United States shall be unlawful.’’.
(b) FEDERAL
ENFORCEMENT.—Section 309 (33
U.S.C. 1319) is amended—
(1) in subsection (a)(1) by striking ‘‘or 404’’;
(2) in subsection (a)(3) by striking ‘‘or in a
permit issued under section 404 of this Act by a
State’’;
(3) in each of subsections (c)(1)(A) and
(c)(2)(A) by striking ‘‘or in a permit’’ and all that
follows through ‘‘State;’’ and inserting a semicolon;
347
(4) in subsection (c)(3)(A) by striking ‘‘or in a
permit’’ and all that follows through ‘‘State, and’’
and inserting ‘‘and’’;
(5) by adding at the end of subsection (c) the
following:
‘‘(8) TREATMENT OF CERTAIN VIOLATIONS.—
Any person who violates section 301 with respect to
an activity in wetlands or waters of the United
States for which a permit is required under section
404 shall not be subject to punishment under this
subsection but shall be subject to punishment under
section 404(k)(5).’’;
(6) in subsection (d) by striking ‘‘, or in a per-
mit issued under section 404 of this Act by a
State,’’;
(7) by adding at the end of subsection (d) the
following: ‘‘Any person who violates section 301 with
respect to an activity in wetlands or waters of the
United States for which a permit is required under
section 404 shall not be subject to a civil penalty
under this subsection but shall be subject to a civil
penalty under section 404(k)(4).’’;
(8) in subsection (g)(1)—
(A) by striking ‘‘—’’ and all that follows
through ‘‘(A)’’;
348
(B) by striking ‘‘or in a permit issued
under section 404 by a State, or’’; and
(C) by striking ‘‘(B)’’ and all that follows
through ‘‘as the case may be,’’ and inserting
‘‘the Administrator’’;
(9) by adding at the end of subsection (g) the
following:
‘‘(12) TREATMENT OF CERTAIN VIOLATIONS.—
Any person who violates section 301 with respect to
an activity in wetlands or waters of the United
States for which a permit is required under section
404 shall not be subject to assessment of a civil pen-
alty under this subsection but shall be subject to as-
sessment 
of 
a 
civil 
penalty 
under 
section
404(k)(4).’’;
(10) by striking ‘‘or Secretary’’, ‘‘or the Sec-
retary’’, ‘‘or the Secretary, as the case may be,’’, ‘‘or
Secretary’s’’, and ‘‘and the Secretary’’ each place
they appear; and
(11) in subsection (g)(9)(B) by inserting a
comma after ‘‘Administrator’’.
SEC. 806. EFFECTIVE DATE.
This title, including the amendments made by this
title, shall take effect on the 90th day following the date
of the enactment of this Act.
349
TITLE IX—NAVIGATIONAL
DREDGING
SEC. 901. REFERENCES TO ACT.
Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Marine Protection, Re-
search, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et
seq.).
SEC. 902. ENVIRONMENTAL PROTECTION AGENCY PER-
MITS.
Section 102(c) (33 U.S.C. 1412(c)) is amended—
(1) in the first sentence of paragraph (3) by
striking ‘‘the Administrator, in conjunction with the
Secretary,’’ and inserting ‘‘the Secretary, in conjunc-
tion with the Administrator,’’; and
(2) in the second sentence of paragraph (3) by
striking ‘‘the Administrator and the Secretary’’ and
inserting ‘‘the Secretary and the Administrator’’.
SEC. 903. CORPS OF ENGINEERS PERMITS.
(a) DISPOSAL SITES.—Section 103(b) (33 U.S.C.
1413(b)) is amended—
350
(1) in the matter preceding paragraph (1) by
striking ‘‘, with the concurrence of the Adminis-
trator,’’; and
(2) in paragraph (3) by striking ‘‘Adminis-
trator’’ and inserting ‘‘Secretary’’.
(b) CONSULTATION WITH THE ADMINISTRATOR.—
Section 103(c) (33 U.S.C. 1413(c)) is amended to read
as follows:
‘‘(c) CONSULTATION WITH THE ADMINISTRATOR.—
Prior to issuing a permit to any person under this section,
the Secretary shall first consult with the Administrator.’’.
SEC. 904. PENALTIES.
Section 105 (33 U.S.C. 1415) is amended—
(1) in the first sentence by inserting ‘‘or, with
respect to violations of section 103, the Secretary’’
before the period at the end;
(2) in the fourth, fifth, and sixth sentences by
inserting ‘‘or the Secretary, as the case may be,’’
after ‘‘Administrator’’ each place it appears; and
(3) in subsection (g)(2)(C) by inserting ‘‘or the
Secretary, as the case may be,’’ after ‘‘the Adminis-
trator’’ the first place it appears.
SEC. 905. ANNUAL REPORT.
Section 112 (33 U.S.C. 1421) is amended by striking
‘‘with the concurrence of the Administrator’’.