I
103D CONGRESS
1ST SESSION
H. R. 350
To amend the Federal Water Pollution Control Act to further the protection
of wetlands, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 5, 1993
Mr. EDWARDS of California (for himself, Mr. ABERCROMBIE, Mr. BEILENSON,
Mr. BERMAN, Mr. BLACKWELL, Mr. DELLUMS, Mr. EVANS, Mr.
GILCHREST, Mr. HAMBURG, Mr. KENNEDY, Mr. LANTOS, Mr. MARKEY,
Mr. MILLER of California, Mr. MINETA, Mrs. MINK, Ms. PELOSI, Mr.
RAVENEL, Mr. SHAYS, Mr. STARK, Mr. STOKES, Mr. VENTO, Mr.
WELDON, and Mr. YATES) introduced the following bill; which was re-
ferred jointly to the Committees on Public Works and Transportation,
Merchant Marine and Fisheries, and Ways and Means
APRIL 19, 1993
Additional sponsors: Mr. ANDREWS of Maine, Mr. BROWN of California, Mrs.
BYRNE, Mr. CARDIN, Ms. ESHOO, Mr. GEJDENSON, Mr. HINCHEY, Mr.
MACHTLEY, Mr. MCDERMOTT, Mr. OLVER, Mr. RANGEL, Mr. SABO, Mr.
SANDERS, Mrs. SCHROEDER, Mr. SKAGGS, Ms. SLAUGHTER, Mr.
TORRES, Mr. TOWNS, Mr. WAXMAN, Ms. WOOLSEY, Mr. ACKERMAN, Mr.
ANDREWS of New Jersey, Mr. COLEMAN, Mr. CONYERS, Mr. DE LUGO,
Mr. HASTINGS, Mr. HOCHBRUECKNER, Mr. MCHALE, Mrs. MALONEY,
Mr. MORAN, Ms. NORTON, Mr. RICHARDSON, Mr. SAWYER, Mr. JOHN-
STON of Florida, Mr. MEEHAN, Mr. LEWIS of Georgia, Mr. SWETT, Mr.
JACOBS, Mr. PAYNE of New Jersey, Ms. MCKINNEY, Mr. SERRANO, Ms.
HARMAN, and Mr. NADLER
A BILL
To amend the Federal Water Pollution Control Act to further
the protection of wetlands, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Wetlands Reform Act
of 1993’’.
TITLE I—AMENDMENTS TO THE
FEDERAL WATER POLLUTION
CONTROL ACT
SEC. 101. STATEMENT OF POLICY.
Section 101(a) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251(a)) is amended—
(1) in paragraph (6) by striking ‘‘and’’ after
the semicolon at the end;
(2) in paragraph (7) by striking the period and
inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(8) it is the national policy to preserve the
quantity and quality of the Nation’s wetlands and to
restore those wetlands which have been degraded.’’.
SEC. 102. EXPANSION OF SCOPE OF PERMIT PROGRAM.
(a) 
PROHIBITION
OF
ACTIVITIES.—Subsection
301(a) of the Federal Water Pollution Control Act (33
U.S.C. 1311(a)) is amended to read as follows:
‘‘SEC. 301. (a) Except as in compliance with this sec-
tion and sections 302, 306, 307, 318, 402, and 404 of
this Act, the discharge of any pollutant or other alteration
of navigable waters by any person shall be unlawful.’’.
(b) CERTIFICATION.—The first sentence of section
401(a) of the Federal Water Pollution Control Act (33
U.S.C. 1341(a)) is amended to read as follows: ‘‘Any ap-
plicant for a Federal license or permit to conduct any ac-
tivity, including the construction or operation of facilities,
which may result in any discharge into or other alteration
of navigable waters, shall provide the licensing or permit-
ting agency a certification from the State where the activ-
ity occurs or will occur, or, if appropriate, from the inter-
state water pollution control agency having jurisdiction
over the navigable waters where the activity occurs or will
occur, that the activity will comply with the applicable pro-
visions of sections 301, 302, 303, 306, and 307 and will
allow for the protection, achievement, and maintenance of
designated uses included in applicable water quality stand-
ards.’’.
(c) ISSUANCE OF PERMITS.—Section 404(a) of the
Federal Water Pollution Control Act (33 U.S.C. 1344(a))
is amended by inserting before the period at the end of
the first sentence the following: ‘‘, or for other alterations
of navigable waters’’.
istrator, the Secretary of the Interior, the Secretary of
Commerce, State agencies responsible for water quality,
fish, and wildlife resources which may be affected by such
activity, and to the public.
‘‘(C) No activity shall be authorized under a general
permit within a State that has denied or revoked water
quality certification pursuant to section 401 for such ac-
tivities under that general permit.
‘‘(D) Each general permit shall be reviewed by the
Secretary biennially, taking into account the information
contained in reports required by section 404(u), and shall,
after notice and hearing, be revised or revoked as nec-
essary to avoid or minimize cumulative adverse effects on
navigable waters.’’.
SEC. 106. REPORTS ON EFFECTS OF PERMIT PROGRAM ON
WETLANDS.
Section 404 of the Federal Water Pollution Control
Act (33 U.S.C. 1344) is amended by adding at the end
the following:
‘‘(u) REPORTS ON PERMIT PROGRAM.—
‘‘(1) EFFECTS OF PERMITTED ACTIVITIES.—
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Administrator, the Secretary
of the Interior, and those States which have a
permit program approved under subsection
(h)(2), shall report biennially to the Congress
on the effects on navigable waters of activities
conducted under permits issued pursuant to
this section, including general permits. Such re-
ports shall contain estimates of the acreage and
functions of navigable waters affected by each
general permit, in order to determine whether
the individual and cumulative adverse environ-
mental effects of activities authorized by each
general permit are minimal.
‘‘(B) MONITORING.—For purposes of pre-
paring reports under this subsection, the Sec-
retary, the Administrator, and the Secretary of
the Interior shall jointly monitor the achieve-
ment of the policy stated in section 101(a)(8)
under permits issued under this section.
‘‘(C) CONTENT
OF
REPORTS.—Reports
under this subsection shall include consideration
of relevant information contained in individual
and general permit applications, compliance
monitoring records and maps, and any other
relevant information.
‘‘(2) EFFECTS
OF
COMPENSATORY
MITIGA-
TION.—The Secretary, in consultation with the Ad-
ministrator, the Secretary of the Interior, and those
States which have a permit program approved under
subsection (h)(2), shall report biennially to the Con-
gress on the effects on navigable waters of compen-
satory mitigation required under permits issued
under this section, including general permits. Such
reports shall contain—
‘‘(A) estimates of the number of permits
for which compensatory mitigation is required;
and
‘‘(B) a description of—
‘‘(i) the type and extent of compen-
satory mitigation projects required,
‘‘(ii) the degree of compliance with
those compensatory mitigation require-
ments,
‘‘(iii) the extent to which such com-
pensatory mitigation requirements have
been successful in restoring the intended
range of functions and values, and
‘‘(iv) the extent to which monitoring
and enforcement of compensatory mitiga-
tion requirements have been conducted by
the agencies.’’.
SEC. 107. EXPEDITED PERMIT REVIEW.
Section 404(q) of the Federal Water Pollution Con-
trol Act (33 U.S.C. 1344(q)) is amended to read as fol-
lows:
‘‘(q)(1) REDUCTION IN PAPERWORK AND DELAYS.—
Not later than the 180th day after the date of the enact-
ment of this subsection, the Secretary shall enter into
agreements with the Administrator, the Secretaries of the
Departments of Agriculture, Commerce, and Interior, and
the heads of other appropriate Federal agencies to mini-
mize, to the maximum extent practicable, duplication,
needless paperwork, and delays in the issuance of permits
under this section.
‘‘(2) FAST TRACK FOR MINOR PERMITS.—
‘‘(A) Not later than 6 months after the date of
enactment of this subsection, the Secretary shall es-
tablish in each district office a special Fast Track
team to expedite the review and processing of minor
permits. Each team shall consist of not more than
25 percent of all personnel assigned to review permit
applications under this section, and shall not be as-
signed to review or process any permits other than
minor permits, unless final decisions have been
reached with respect to all such minor permits with-
in 60 days after the notice of application for such
permits is published pursuant to subsection (a).
‘‘(B) The District Engineer in each district of-
fice shall review the operations of the Fast Track
team in that office every 6 months. If final decisions
on a significant percentage of minor permits have
not been reached within 60 days after the notice of
application for such permits is published pursuant to
subsection (a), additional personnel shall be assigned
to the Fast Track team.
‘‘(C) For purposes of this subsection, a minor
permit is a permit for an activity that would disturb
no more than 1 acre of wetlands, is being performed
by a private individual or a business that employs no
more than 10 people, and is not part of a larger
common plan or proposal that would disturb addi-
tional acreage, except that a permit shall not be a
minor permit if—
‘‘(i) the Secretary is required under the
National Environmental Policy Act of 1969 to
issue an environmental impact statement;
‘‘(ii) the permit involves an activity that
may affect any species that is listed as an en-
dangered species or threatened species under
the Endangered Species Act of 1973, or the
habitat of such a species; or
‘‘(iii) the Secretary, the Administrator, or
a Federal department or agency referred to in
paragraph (1) requests that the permit applica-
tion receive additional review.’’.
SEC. 108. AVOIDANCE AND MINIMIZATION OF ADVERSE EF-
FECTS.
Section 404 of the Federal Water Pollution Control
Act (33 U.S.C. 1344), as amended by this Act, is further
amended by adding at the end the following:
‘‘(v) No individual or general permit shall be issued
for an activity pursuant to this section if there is a prac-
ticable alternative to the proposed activity which would
have less adverse environmental impact on navigable
waters.’’.
SEC. 109. EXEMPTIONS FOR AGRICULTURE AND OTHER AC-
TIVITIES.
(a) IN GENERAL.—Section 404(f) of the Federal
Water Pollution Control Act (33 U.S.C. 1344) is amended
to read as follows:
‘‘(f)(1) Except as provided in paragraph (2), the dis-
charge of dredge or fill material in or other alterations
of navigable waters—
‘‘(A) from normal farming, silviculture, and
ranching activities, such as plowing, seeding, cul-
tivating, minor drainage, harvesting for the produc-
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 sec-
tion 208(b)(4) which meets the requirements of sub-
paragraphs (B) and (C) of that section;
is not prohibited by or otherwise subject to regulation
under this section or section 301(a) or 402 (except for
effluent standards or prohibitions under section 307).
‘‘(2) Any discharge of dredged or fill material into,
or other alteration of, the navigable waters incidental to
any activity having as its purpose bringing an area of the
navigable waters into a use to which it was not previously
subject, where the flow or circulation of navigable waters
may be impaired or the reach of such waters be reduced,
shall be required to have a permit under this section.
‘‘(3) An activity which does not result in the dis-
charge of dredge or fill material into, or other alterations
of, the navigable waters shall not be prohibited or other-
wise subject to regulation under this section.
‘‘(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 re-
vert to uplands if the irrigation ceased.
‘‘(iii) Artificial lakes or ponds created by exca-
vating or diking uplands to collect and retain water,
and which are used exclusively for stock watering, ir-
rigation, 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 pri-
marily aesthetic reasons.
‘‘(v) Waterfilled 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 exca-
vation operation is abandoned and the resulting
body of water meets the definition of waters of the
United States.
‘‘(B) Subparagraph (A) shall not apply to a particu-
lar water body unless the person desiring to conduct an
activity in that water body is able to demonstrate that the
water body qualifies under subparagraph (A) for exemp-
tion from regulation under this section.
‘‘(5) Except as provided in paragraph (2), normal
plowing, seeding, cultivating, minor drainage for crop pro-
duction, or harvesting shall not be prohibited or otherwise
subject to regulation under this section in waters of the
United States which have been maintained as cropland at
least one growing season in the 5-years prior to such plow-
ing, seeding, cultivating, minor drainage, or harvesting.’’.
SEC. 110. CITIZEN SUITS AMENDMENTS.
Section 505 of the Federal Water Pollution Control
Act (33 U.S.C. 1365) is amended—
(1) in subsection (f) by striking ‘‘or (7)’’ and
inserting the following: ‘‘(7) a permit or condition
thereof issued under section 404, which has been, or
is, in effect under this Act (including a requirement
applicable by reason of section 313); or (8)’’;
(2) in subsection (a)(1)(B) by inserting after
‘‘Administrator’’, the following: ‘‘, the Secretary of
the Army’’;
(3) in subsection (a) in the matter following
paragraph (2) by inserting after ‘‘under section
309(d)’’ the following: ‘‘and section 404(s)’’;
(4) in subsection (b)(1)(A) by striking ‘‘and
(iii)’’ and inserting the following: ‘‘(iii) to the Sec-
retary of the Army (if the alleged violation is under
section 404); and (iv)’’;
(5) in subsection (b)(1)(B) by inserting after
‘‘if the Administrator’’ the following: ‘‘, the Sec-
retary of the Army,’’;
(6) in subsection (c)(2) by inserting after ‘‘the
Administrator’’ the following: ‘‘(and the Secretary of
the Army, if the alleged violation is under section
404)’’;
(7) in subsection (c)(3) by inserting after ‘‘At-
torney General’’ each place it appears the following:
‘‘, the Secretary of the Army (if the alleged violation
is under section 404 of this Act),’’;
(8) in subsection (e) by inserting after ‘‘Admin-
istrator’’ the following: ‘‘, the Secretary of the
Army,’’;
(9) in subsection (h) by inserting after ‘‘Admin-
istrator’’ each place it appears the following: ‘‘or the
Secretary of the Army’’;
(10) in paragraph (2) of subsection (a) and in
the matter following that paragraph by inserting
after ‘‘Administrator’’ each place it appears the fol-
lowing: ‘‘or the Secretary of the Army’’; and
(11) in subsection (b)(2) by inserting after
‘‘Administrator’’ the following: ‘‘or the Secretary of
the Army’’.
TITLE II—IMPROVED WETLANDS
PERMITTING; REVISIONS TO
WETLANDS 
DELINEATION
PROCEDURES
SEC. 201. IMPROVEMENT OF ADMINISTRATION OF WET-
LANDS PERMITTING.
(a) NEEDS ANALYSIS.—
(1) IN GENERAL.—Not later than 90 days after
the date of the enactment of this Act, the Comptrol-
ler General of the United States shall submit to the
Congress an analysis of the needs of the Corps of
Engineers and the Environmental Protection Agency
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).
(2) CONTENTS.—The analysis submitted under
this subsection shall—
(A) give particular emphasis to the needs
of the Corps of Engineers and the Environ-
mental Protection Agency with respect to im-
proving and expediting wetlands delineation and
wetlands permitting generally;
(B) include recommendations regarding
additional appropriations necessary for that im-
provement and expedition; and
(C) identify the Corps of Engineers district
offices and Environmental Protection Agency
regions that have the greatest need for those
additional appropriations.
(b) FUNDING FOR TRAINING AND CERTIFICATION
PROGRAM FOR WETLANDS DELINEATORS.—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 (hereinafter in this title referred to as the
‘‘Secretary’’) shall use such amounts as are necessary to
carry out the program for training and certification of in-
dividuals as wetlands delineators authorized by section
307(e) of the Water Resources Development Act of 1990
(Public Law 101–640).
(c) FUNDING FOR IMPROVEMENT OF SECTION 404
EDUCATION
AND OUTREACH PROGRAMS.—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 or the Environ-
mental Protection Agency, the Secretary or the Adminis-
trator of the Environmental Protection Agency, respec-
tively, shall use such amounts as are necessary to improve
existing education and outreach programs of the Corps of
Engineers or the Environmental Protection Agency re-
garding requirements of that section.
(d) FUNDING FOR EXPEDITING AND COMPLETING
WETLANDS MAPPING.—
(1) COMPLETION
OF
MAPPING.—Of amounts
appropriated for each fiscal year beginning after the
date of the enactment of this Act for programs of
the United States Fish and Wildlife Service, the Di-
rector of the United States Fish and Wildlife Service
shall use—
(A) such amounts as are necessary to com-
plete the existing wetland mapping program of
the Service by not later than 1 year after the
date of the enactment of this Act;
(B) such amounts (in addition to amounts
used pursuant to subparagraphs (A) and (C))
as are necessary to conduct mapping under that
program in areas where there is the potential
for delineating particularly large areas of wet-
lands; and