‘‘(B) to issue permits which apply, and en-
sure compliance with, all applicable require-
ments of section 308 of this Act or to inspect,
monitor, enter, and require reports to at least
the same extent as required in section 308 of
this Act;
‘‘(C) to ensure that the public, and any
other State the waters of which may be af-
fected, receive notice of each application for a
permit and to provide an opportunity for public
hearing before a ruling on each such applica-
tion;
‘‘(D) to ensure that the Secretary receives
notice of each application for a permit and that,
prior to any action by the State, both the appli-
cant for the permit and the State have received
from the Secretary information with respect to
any advance classification applicable to wet-
lands that are the subject of such application;
‘‘(E) to ensure that any State (other than
the permitting State) whose waters may be af-
fected by the issuance of a permit may submit
written recommendation to the permitting State
with respect to any permit application and, if
any part of such written recommendations are
not accepted by the permitting State, that the
permitting State will notify such affected State
(and the Secretary) in writing of its failure to
so accept such recommendations together with
its reasons for doing so; and
‘‘(F) to abate violations of the permit or
the permit program, including civil and criminal
penalties and other ways and means of enforce-
ment.
‘‘(3) APPROVAL; RESUBMISSION.—If, with re-
spect to a State program submitted under paragraph
(1) of this section, the Secretary determines that the
State—
‘‘(A) has the authority set forth in para-
graph (2), the Secretary shall approve the pro-
gram and so notify such State and suspend the
issuance of permits under subsection (b) for ac-
tivities with respect to which a permit may be
issued pursuant to the State program; or
‘‘(B) does not have the authority set forth
in paragraph (2) of this subsection, the Sec-
retary shall so notify such State and provide a
description of the revisions or modifications
necessary so that the State may resubmit the
program for a determination by the Secretary
under this subsection.
‘‘(4) EFFECT OF FAILURE OF SECRETARY TO
MAKE TIMELY DECISION.—If the Secretary fails to
make a determination with respect to any program
submitted by a State under this subsection within 1
year after the date of receipt of the program, the
program shall be treated as being approved pursuant
to paragraph (3)(A) and the Secretary shall so no-
tify the State and suspend the issuance of permits
under subsection (b) for activities with respect to
which a permit may be issued by the State.
‘‘(5) TRANSFER
OF
PENDING
APPLICATIONS
FOR PERMITS.—If the Secretary approves a State
permit program under paragraph (3)(A) or (4), the
Secretary shall transfer any applications for permits
pending before the Secretary for activities with re-
spect to which a permit may be issued pursuant to
the State program to the State for appropriate
action.
‘‘(6) GENERAL
PERMITS.—Upon notification
from a State with a permit program approved under
this subsection that such State intends to administer
and enforce the terms and conditions of a general
permit issued by the Secretary under subsection (e)
with respect to activities in the State to which such
general permit applies, the Secretary shall suspend
the administration and enforcement of such general
permit with respect to such activities.
‘‘(7) REVIEW BY SECRETARY.—Every 5 years
after approval of a State administered program
under paragraph (3)(A), the Secretary shall review
the program to determine whether it is being admin-
istered in accordance with this section. If, on the
basis of such review, the Secretary finds that a State
is not administering its program in accordance with
this section or if the Secretary determines based on
clear and convincing evidence after a public hearing
that a State is not administering its program in ac-
cordance with this section and that substantial ad-
verse impacts to wetlands or waters of the United
States are imminent, the Secretary shall notify the
State and, if appropriate corrective action is not
taken within a reasonable time, not to exceed 90
days after the date of the receipt of such notifica-
tion, the Secretary shall—
‘‘(A) withdraw approval of the program
until the Secretary determines such corrective
action has been taken; and