SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Comprehensive
Wetlands Conservation and Management Act of 1995’’.
SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.
(a) FINDINGS.—Congress finds that—
(1) wetlands play an integral role in maintain-
ing the quality of life through material contributions
to our national economy, food supply, water supply
and quality, flood control, and fish, wildlife, and
plant resources, and thus to the health, safety,
recreation and economic well-being of citizens
throughout the Nation;
(2) wetlands serve important ecological and nat-
ural resource functions, such as providing essential
nesting and feeding habitat for waterfowl, other
wildlife, and many rare and endangered species, fish-
eries habitat, the enhancement of water quality, and
natural flood control;
(3) much of the Nation’s resource has sustained
significant degradation, resulting in the need for ef-
fective programs to limit the loss of ecologically sig-
nificant wetlands and to provide for long-term res-
toration and enhancement of the wetlands resource
base;
(4) most of the loss of wetlands in coastal Lou-
isiana is not attributable to human activity;
(5) because 75 percent of the Nation’s wetlands
in the lower 48 States are privately owned and be-
cause the majority of the Nation’s population lives
in or near wetlands areas, an effective wetlands con-
servation and management program must reflect a
balanced approach that conserves and enhances im-
portant wetlands values and functions while observ-
ing private property rights, recognizing the need for
essential public infrastructure, such as highways,
ports, airports, pipelines, sewer systems, and public
water supply systems, and providing the opportunity
for sustained economic growth;
(6) while wetlands provide many varied eco-
nomic and environmental benefits, they also present
health risks in some instances where they act as
breeding grounds for insects that are carriers of
human and animal diseases; and
(7) the Federal permit program established
under section 404 of the Federal Water Pollution
Control Act was not originally conceived as a wet-
lands regulatory program and is insufficient to en-
sure that the Nation’s wetlands resource base will be
conserved and managed in a fair and environ-
mentally sound manner.
(b) PURPOSE.—The purpose of this Act is to estab-
lish a new Federal regulatory program for certain wet-
lands and waters of the United States—
(1) to assert Federal regulatory jurisdiction
over a broad category of specifically identified activi-
ties that result in the degradation or loss of wet-
lands;
(2) to provide that each Federal agency, officer,
and employee exercise Federal authority under sec-
tion 404 of the Federal Water Pollution Control Act
to ensure that agency action under such section will
not limit the use of privately owned property so as
to diminish its value;
(3) to account for variations in wetlands func-
tions in determining the character and extent of reg-
ulation of activities occurring in wetlands areas;
(4) to provide sufficient regulatory incentives
for conservation, restoration, or enhancement activi-
ties;
(5) to encourage conservation of resources on a
watershed basis to the fullest extent practicable; and
(6) to protect public safety and balance public
and private interests in determining the conditions
under which activity in wetlands areas may occur.
SEC. 3. WETLANDS CONSERVATION AND MANAGEMENT.
Title IV of the Federal Water Pollution Control Act
(33 U.S.C. 1341 et seq.) is further amended by striking
section 404 and inserting the following new section:
‘‘SEC. 404. PERMITS FOR ACTIVITIES IN WETLANDS OR WA-
TERS OF THE UNITED STATES.
‘‘(a) PROHIBITED ACTIVITIES.—No person shall un-
dertake an activity in wetlands or waters of the United
States unless such activity is undertaken pursuant to a
permit issued by the Secretary or is otherwise authorized
under this section.
‘‘(b) AUTHORIZED ACTIVITIES.—
‘‘(1) PERMITS.—The Secretary is authorized to
issue permits authorizing an activity in wetlands or
waters of the United States in accordance with the
requirements of this section.
‘‘(2) NONPERMIT ACTIVITIES.—An activity in
wetlands or waters of the United States may be un-
dertaken without a permit from the Secretary if that
activity is authorized under subsection (e)(6) or
(e)(8) or is exempt from the requirements of this
section under subsection (f) or other provisions of
this section.
‘‘(c) WETLANDS CLASSIFICATION.—
‘‘(1) REGULATIONS; APPLICATIONS.—
‘‘(A) DEADLINE FOR ISSUANCE OF REGU-
LATIONS.—Not later than 1 year after the date
of the enactment of the Comprehensive Wet-
lands Conservation and Management Act of
1995, the Secretary shall issue regulations to
classify wetlands as type A, type B, or type C
wetlands depending on the relative ecological
significance of the wetlands.
‘‘(B) APPLICATION
REQUIREMENT.—Any
person seeking to undertake activities in wet-
lands or waters of the United States for which
a permit is required under this section shall
make application to the Secretary identifying
the site of such activity and requesting that the
Secretary determine, in accordance with para-
graph (3) of this subsection, the classification
of the wetlands in which such activity is pro-
posed to occur. The applicant may also provide
such additional information regarding such pro-
posed activity as may be necessary or appro-
priate for purposes of determining the classi-
fication of such wetlands or whether and under
what conditions the proposed activity may be
permitted to occur.
‘‘(2) DEADLINES FOR CLASSIFICATIONS.—
‘‘(A) GENERAL RULE.—Except as provided
in subparagraph (B) of this paragraph, within
90 days following the receipt of an application
under paragraph (1), the Secretary shall pro-
vide notice to the applicant of the classification
of the wetlands that are the subject of such ap-
plication and shall state in writing the basis for
such classification. The classification of the wet-
lands that are the subject of the application
shall be determined by the Secretary in accord-
ance with the requirements for classification of
wetlands under paragraph (3) and subsection
(i).
‘‘(B) RULE
FOR
ADVANCE
CLASSIFICA-
TIONS.—In the case of an application proposing
activities located in wetlands that are the sub-
ject of an advance classification under sub-
section (h), the Secretary shall provide notice to
the applicant of such classification within thirty
days following the receipt of such application,
and shall provide an opportunity for review of
such classification under paragraph (5) and
subsection (i).
‘‘(3) CLASSIFICATION SYSTEM.—Upon applica-
tion under this subsection, the Secretary shall—
as may be necessary to make each determina-
tion requested under subparagraph (A).
‘‘(C) DETERMINATION AND NOTIFICATION
BY THE SECRETARY.—Not later than 90 days
after receipt of a request under subparagraph
(A), the Secretary shall—
‘‘(i) notify the person submitting the
request of each determination made by the
Secretary pursuant to the request; and
‘‘(ii) provide written documentation of
each determination and the basis for each
determination.
‘‘(D) AUTHORITY TO SEEK IMMEDIATE RE-
VIEW.—Any person authorized under this para-
graph to request a jurisdictional determination
may seek immediate judicial review of any such
jurisdictional determination or may proceed
under subsection (i).
‘‘(5) DE
NOVO
DETERMINATION
AFTER
AD-
VANCE CLASSIFICATION.—Within 30 days of receipt
of notice of an advance classification by the Sec-
retary under paragraph (2)(B) of this subsection, an
applicant may request the Secretary to make a de
novo determination of the classification of wetlands
that are the subject of such notice.
‘‘(d) RIGHT TO COMPENSATION.—
‘‘(1) IN GENERAL.—The Federal Government
shall compensate an owner of property whose use of
any portion of that property has been limited by an
agency action under this section that diminishes the
fair market value of that portion by 20 percent or
more. The amount of the compensation shall equal
the diminution in value that resulted from the agen-
cy action. If the diminution in value of a portion of
that property is greater than 50 percent, at the op-
tion of the owner, the Federal Government shall buy
that portion of the property for its fair market
value.
‘‘(2) DURATION
OF
LIMITATION
ON
USE.—
Property with respect to which compensation has
been paid under this section shall not thereafter be
used contrary to the limitation imposed by the agen-
cy action, even if that action is later rescinded or
otherwise vitiated. However, if that action is later
rescinded or otherwise vitiated, and the owner elects
to refund the amount of the compensation, adjusted
for inflation, to the Treasury of the United States,
the property may be so used.
‘‘(3) EFFECT OF STATE LAW.—If a use is a
nuisance as defined by the law of a State or is al-
ready prohibited under a local zoning ordinance, no
compensation shall be made under this section with
respect to a limitation on that use.
‘‘(4) EXCEPTIONS.—
‘‘(A) PREVENTION OF HAZARD TO HEALTH
OR
SAFETY
OR
DAMAGE
TO
SPECIFIC
PROP-
ERTY.—No compensation shall be made under
this section with respect to an agency action the
primary purpose of which is to prevent an iden-
tifiable—
‘‘(i) hazard to public health or safety;
or
‘‘(ii) damage to specific property other
than the property whose use is limited.
‘‘(B) NAVIGATION SERVITUDE.—No com-
pensation shall be made under this section with
respect to an agency action pursuant to the
Federal navigation servitude, as defined by the
courts of the United States, except to the ex-
tent such servitude is interpreted to apply to
wetlands.
‘‘(5) PROCEDURE.—
‘‘(A) REQUEST
OF
OWNER.—An owner
seeking compensation under this section shall
make a written request for compensation to the
agency whose agency action resulted in the limi-
tation. No such request may be made later than
180 days after the owner receives actual notice
of that agency action.
‘‘(B) NEGOTIATIONS.—The agency may
bargain with that owner to establish the
amount of the compensation. If the agency and
the owner agree to such an amount, the agency
shall promptly pay the owner the amount
agreed upon.
‘‘(C) CHOICE OF REMEDIES.—If, not later
than 180 days after the written request is
made, the parties do not come to an agreement
as to the right to and amount of compensation,
the owner may choose to take the matter to
binding arbitration or seek compensation in a
civil action.
‘‘(D) ARBITRATION.—The procedures that
govern the arbitration shall, as nearly as prac-
ticable, be those established under title 9, Unit-
ed States Code, for arbitration proceedings to
which that title applies. An award made in such
arbitration shall include a reasonable attorney’s
fee and other arbitration costs (including ap-
praisal fees). The agency shall promptly pay
any award made to the owner.
‘‘(E) CIVIL ACTION.—An owner who does
not choose arbitration, or who does not receive
prompt payment when required by this section,
may obtain appropriate relief in a civil action
against the agency. An owner who prevails in a
civil action under this section shall be entitled
to, and the agency shall be liable for, a reason-
able attorney’s fee and other litigation costs (in-
cluding appraisal fees). The court shall award
interest on the amount of any compensation
from the time of the limitation.
‘‘(F) SOURCE
OF
PAYMENTS.—Any pay-
ment made under this section to an owner and
any judgment obtained by an owner in a civil
action under this section shall, notwithstanding
any other provision of law, be made from the
annual appropriation of the agency whose ac-
tion occasioned the payment or judgment. If the
agency action resulted from a requirement im-
posed by another agency, then the agency mak-
ing the payment or satisfying the judgment
may seek partial or complete reimbursement
from the appropriated funds of the other agen-
cy. For this purpose the head of the agency
concerned may transfer or reprogram any ap-
propriated funds available to the agency. If in-
sufficient funds exist for the payment or to sat-
isfy the judgment, it shall be the duty of the
head of the agency to seek the appropriation of
such funds for the next fiscal year.
‘‘(6) LIMITATION.—Notwithstanding any other
provision of law, any obligation of the United States
to make any payment under this section shall be
subject to the availability of appropriations.
‘‘(7) DUTY OF NOTICE TO OWNERS.—Whenever
an agency takes an agency action limiting the use of
private property, the agency shall give appropriate
notice to the owners of that property directly af-
fected explaining their rights under this section and
the procedures for obtaining any compensation that
may be due to them under this section.
‘‘(8) RULES OF CONSTRUCTION.—
‘‘(A) EFFECT ON CONSTITUTIONAL RIGHT
TO
COMPENSATION.—Nothing in this section
shall be construed to limit any right to com-
pensation that exists under the Constitution,
laws of the United States, or laws of any State.
‘‘(B) EFFECT OF PAYMENT.—Payment of
compensation under this section (other than
when the property is bought by the Federal
Government at the option of the owner) shall
not confer any rights on the Federal Govern-
ment other than the limitation on use resulting
from the agency action.
‘‘(9) TREATMENT
OF
CERTAIN
ACTIONS.—A
diminution in value under this subsection shall apply
to surface interests in lands only or water rights al-
located under State law; except that—
‘‘(A) if the Secretary determines that the
exploration for or development of oil and gas or
mineral interests is not compatible with limita-
tions on use related to the surface interests in
lands that have been classified as type A or
type B wetlands located above such oil and gas
or mineral interests (or located adjacent to such
oil and gas or mineral interests where such ad-
jacent lands are necessary to provide reasonable
access to such interests), the Secretary shall no-
tify the owner of such interests that the owner
may elect to receive compensation for such in-
terests under paragraph (1); and
tional information, in which case, the pro-
visions of subparagraph (C) shall apply.
‘‘(C) SPECIAL
RULE
WHEN
ADDITIONAL
INFORMATION IS REQUIRED.—Upon the receipt
of a request for additional information under
subparagraph (B)(iii), the applicant shall sup-
ply such additional information and shall advise
the Secretary that the application contains all
requested information and is therefore com-
plete. The Secretary may—
‘‘(i) within 30 days of the receipt of
notice of the applicant that the application
is complete, determine that the application
does not contain all requested additional
information and, on that basis, deny the
application without prejudice to resubmis-
sion; or
‘‘(ii) within 90 days from the date
that the applicant provides notification to
the Secretary that the application is com-
plete, review the application and take final
action.
‘‘(D) EFFECT
OF
NOT
MEETING
DEAD-
LINE.—If the Secretary fails to take final ac-
tion on an application under this paragraph
within 90 days from the date that the applicant
provides notification to the Secretary that such
application is complete, a permit shall be pre-
sumed to be granted authorizing the activities
proposed in such application under such terms
and conditions as are stated in such completed
application.
‘‘(6) TYPE
C
WETLANDS.—Activities in wet-
lands that have been classified as type C wetlands
by the Secretary may be undertaken without author-
ization required under subsection (a) of this section.
‘‘(7) STATES WITH SUBSTANTIAL CONSERVED
WETLANDS.—
‘‘(A) IN GENERAL.—With respect to type
A and type B wetlands in States with substan-
tial conserved wetlands areas, at the option of
the permit applicant, the Secretary shall issue
permits authorizing activities in such wetlands
pursuant to this paragraph. Final action on is-
suance of such permits shall be in accordance
with the procedures and deadlines of paragraph
(5). The Secretary may include conditions or
requirements for minimization of adverse im-
pacts to wetlands functions when minimization
is economically practicable. No permit to which
this paragraph applies shall include conditions,
requirements, or standards for mitigation to
compensate for adverse impacts to wetlands or
waters of the United States or conditions, re-
quirements, or standards for avoidance of ad-
verse impacts to wetlands or waters of the
United States.
‘‘(B) ECONOMIC BASE LANDS.—Upon ap-
plication by the owner of economic base lands
in a State with substantial conserved wetlands
areas, the Secretary shall issue individual and
general permits to owners of such lands for ac-
tivities in wetlands or waters of the United
States. The Secretary shall reduce the require-
ments of subparagraph (A)—
‘‘(i) to allow economic base lands to
be beneficially used to create and sustain
economic activity; and
‘‘(ii) in the case of lands owned by
Alaska Native entities, to reflect the social
and economic needs of Alaska Natives to
utilize economic base lands.
The Secretary shall consult with and provide
assistance to the Alaska Natives (including
Alaska Native Corporations) in promulgation
and administration of policies and regulations
under this section.
‘‘(8) GENERAL PERMITS.—
‘‘(A) GENERAL
AUTHORITY.—The Sec-
retary may issue, by rule in accordance with
subsection (j), general permits on a pro-
grammatic, State, regional, or nationwide basis
for any category of activities involving an activ-
ity in wetlands or waters of the United States
if the Secretary determines that such activities
are similar in nature and that such activities,
when performed separately and cumulatively,
will not result in the significant loss of eco-
logically significant wetlands values and func-
tions.
‘‘(B) PROCEDURES.—Permits issued under
this paragraph shall include procedures for ex-
pedited review of eligibility for such permits (if
such review is required) and may include re-
quirements for reporting and mitigation. To the
extent that a proposed activity requires a deter-
mination by the Secretary as to the eligibility to
qualify for a general permit under this sub-
section, such determination shall be made with-
in 30 days of the date of submission of the ap-
plication for such qualification, or the applica-
tion shall be treated as being approved.
‘‘(C) COMPENSATORY
MITIGATION.—Re-
quirements for compensatory mitigation for
general permits may be imposed where nec-
essary to offset the significant loss or degrada-
tion of significant wetlands functions where
such loss or degradation is not a temporary or
incidental impact.
‘‘(D) GRANDFATHER
OF
EXISTING
GEN-
ERAL PERMITS.—General permits in effect on
day before the date of the enactment of the
Comprehensive 
Wetlands 
Conservation 
and
Management Act of 1995 shall remain in effect
until otherwise modified by the Secretary.
‘‘(E) STATES
WITH
SUBSTANTIAL
CON-
SERVED LANDS.—Upon application by a State
or local authority in a State with substantial
conserved wetlands areas, the Secretary shall
issue a general permit applicable to such au-
thority for activities in wetlands or waters of
the United States. No permit issued pursuant
to this subparagraph shall include conditions,
requirements, or standards for mitigation to
compensate for adverse impacts to wetlands or
waters of the United States or shall include
conditions, requirements, or standards for
avoidance of adverse impacts of wetlands or wa-
ters of the United States.
‘‘(9) 
OTHER
WATERS
OF
THE
UNITED
STATES.—The Secretary may issue a permit author-
izing activities in waters of the United States (other
than those classified as type A, B, or C wetlands
under this section) if the Secretary finds that issu-
ance of the permit is in the public interest, bal-
ancing the reasonably foreseeable benefits and det-
riments resulting from the issuance of the permit.
The permit shall be subject to such terms and condi-
tions as the Secretary finds are necessary to carry
out the purposes of the Comprehensive Wetlands
Conservation and Management Act of 1995. In de-
termining whether or not to issue the permit and
whether or not specific terms and conditions are nec-
essary to carry out such purposes, the Secretary
shall consider the factors set forth in paragraph
(3)(A) as they apply to nonwetlands areas and such
other provisions of paragraph (3) as the Secretary
determines are appropriate to apply to nonwetlands
areas.
‘‘(f) ACTIVITIES NOT REQUIRING PERMIT.—
‘‘(1) IN
GENERAL.—Activities undertaken in
any wetlands or waters of the United States are ex-
empt 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 sec-
tion 307 of this Act) if such activities—
‘‘(A) 
result 
from 
normal 
farming,
silviculture, aquaculture, and ranching activities
and practices, including but not limited to plow-
ing, seeding, cultivating, haying, grazing, nor-
mal 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;
‘‘(B) are for the purpose of maintenance,
including emergency reconstruction of recently
damaged parts, of currently serviceable struc-
tures such as dikes, dams, levees, flood control
channels, water control structures, groins,
riprap, breakwaters, utility distribution and
transmission lines, causeways, and bridge abut-
ments or approaches, and transportation struc-
tures;
‘‘(C) 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 of drainage
ditches;
‘‘(D) are for the purpose of construction of
temporary sedimentation basins on a construc-
tion site which does not include placement of
fill material into the navigable waters;
‘‘(E) are for the purpose of construction or
maintenance of farm roads or forest roads, tem-
porary roads for moving mining equipment, ac-
cess roads for utility distribution and trans-
mission lines, or railroad lines of up to 10 miles
in length if such roads or railroad lines are con-
structed and maintained, in accordance with
best management practices, to assure that flow
and circulation patterns and chemical and bio-
logical characteristics of the waters are not im-
paired, that the reach of the waters is not re-
duced, and that any adverse effect on the
aquatic environment will be otherwise mini-
mized;
‘‘(F) 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 sub-
section shall be subject to the requirements of
this section to the extent that such farmed wet-
lands are ‘wetlands’ under this section;
‘‘(G) result from any activity with respect
to which a State has an approved program
under section 208(b)(4) of this Act which meets
the requirements of subparagraphs (B) and (C)
of such section;
‘‘(H) are consistent with a State or local
land management plan submitted to the Sec-
retary and approved pursuant to paragraph (2);
‘‘(I) are undertaken in connection with a
marsh management and conservation program
in a coastal parish in the State of Louisiana
where such program has been approved by the
Governor of such State or the designee of the
Governor;
‘‘(J) are undertaken on lands or involve
activities within a State’s coastal zone which
are excluded from regulation under a State
coastal zone management program approved
under the Coastal Zone Management Act of
1972 (16 U.S.C. 1451, et seq.);
‘‘(K) are undertaken in incidentally created
wetlands, unless such incidentally created wet-
lands have exhibited wetlands functions and val-
ues for more than 5 years in which case activi-
ties undertaken in such wetlands shall be sub-
ject to the requirements of this section;
‘‘(L) are for the purpose of preserving and
enhancing aviation safety or are undertaken in
order to prevent an airport hazard;
‘‘(M) result from aggregate, clay, or phos-
phate mining activities in wetlands conducted
pursuant to a State or Federal permit that re-
quires the reclamation of such affected wetlands
if such reclamation will be completed within 5
years of the commencement of activities at the
site and, upon completion of such reclamation,
the wetlands will support wetlands functions
equivalent to the functions supported by the
wetlands at the time of commencement of such
activities;
‘‘(N) are for the placement of a structural
member for a pile-supported structure, such as
a pier or dock, or for a linear project such as
a bridge, transmission or distribution line foot-
ing, powerline structure, or elevated or other
walkway;
‘‘(O) are for the placement of a piling in
waters of the United States in a circumstance
that involves—
‘‘(i) a linear project described in sub-
paragraph (N); or
‘‘(ii) a structure such as a pier, boat-
house, wharf, marina, lighthouse, or indi-
vidual house built on stilts solely to reduce
the potential of flooding;
‘‘(P) are for the clearing (including mecha-
nized clearing) of vegetation within a right-of-
way associated with the development and main-
tenance of a transmission or distribution line or
other powerline structure;
‘‘(Q) are undertaken in or affecting
waterfilled depressions created in uplands inci-
dental to construction activity, or are under-
taken in or affecting pits excavated in uplands
for the purpose of obtaining fill, sand, gravel,
aggregates, or minerals, unless and until the
construction or excavation operation is aban-
doned; or
‘‘(R) are undertaken in a State with sub-
stantial conserved wetlands areas and—
‘‘(i) are for purposes of providing crit-
ical infrastructure, including water and
sewer systems, airports, roads, communica-
tion sites, fuel storage sites, landfills, hous-
ing, hospitals, medical clinics, schools, and
other community infrastructure;
‘‘(ii) are for construction and mainte-
nance of log transfer facilities associated
with log transportation activities;
‘‘(iii) are for construction of tailings
impoundments utilized for treatment facili-
ties (as determined by the development
document) for the mining subcategory for
which the tailings impoundment is con-
structed; or
‘‘(iv) are for construction of ice pads
and ice roads and for purposes of snow
storage and removal.
‘‘(2) STATE OR LOCAL MANAGEMENT PLAN.—
Any State or political subdivision thereof acting pur-
suant to State authorization may develop a land
management plan with respect to lands that include
identified wetlands. The State or local government
‘‘(ii) result in the classification of
vegetation as hydrophytic if such vegeta-
tion is equally adapted to dry or wet soil
conditions or is more typically adapted to
dry soil conditions than to wet soil condi-
tions;
‘‘(iii) result in the classification of
lands as wetlands unless some obligate
wetlands vegetation is found to be present
during the period of delineation; except
that if such vegetation has been removed
for the purpose of evading jurisdiction
under this section, this clause shall not
apply;
‘‘(iv) result in the conclusion that wet-
lands hydrology is present unless water is
found to be present at the surface of such
lands for 21 consecutive days in the grow-
ing seasons in a majority of the years for
which records are available; and
‘‘(v) result in the classification of
lands as wetlands that are temporarily or
incidentally created as a result of adjacent
development activity.
‘‘(C) NORMAL CIRCUMSTANCES.—In addi-
tion to the requirements of subparagraph (B),
any standards established by rule or applied to
delineate wetlands for purposes of this section
shall provide that ‘normal circumstances’ shall
be determined on the basis of the factual cir-
cumstances in existence at the time a classifica-
tion is made under subsection (h) or at the time
of application under subsection (e), whichever is
applicable, if such circumstances have not been
altered by an activity prohibited under this sec-
tion.
‘‘(2) LAND
AREA
CAP
FOR
TYPE
A
WET-
LANDS.—No more than 20 percent of any county,
parish, or borough shall be classified as type A wet-
lands. Type A wetlands in Federal or State owner-
ship (including type A wetlands in units of the Na-
tional Wildlife Refuge System, the National Park
System, and lands held in conservation easements)
shall be included in calculating the percent of type
A wetlands in a county, parish, or borough.
‘‘(3) AGRICULTURAL LANDS.—
‘‘(A) DELINEATION BY SECRETARY OF AG-
RICULTURE.—For purposes of this section, wet-
lands located on agricultural lands and associ-
ated nonagricultural lands shall be delineated
solely by the Secretary of Agriculture in accord-
ance 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 ag-
ricultural land or any activities related to the
land determined to be exempt from the require-
ments of subtitle C of title XII of the Food Se-
curity 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 activities 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.
‘‘(h) MAPPING
AND
PUBLIC
NOTICE
REQUIRE-
MENTS.—
‘‘(1) PROVISION OF PUBLIC NOTICE.—
‘‘(A) IN
GENERAL.—Not later than 90
days after the date of the enactment of the
Comprehensive 
Wetlands 
Conservation 
and
Management Act of 1995, the Secretary shall
provide the court of each county, parish, or bor-
ough in which the wetland subject to classifica-
tion under subsection (c) is located, a notice for
posting near the property records of the county,
parish, or borough. The notice shall—
‘‘(i) state that wetlands regulated
under this section may be located in the
county, parish, or borough;
‘‘(ii) provide an explanation under-
standable to the general public of how wet-
lands are delineated and classified;
‘‘(iii) describe the requirements and
restrictions of the regulatory program
under this section; and
‘‘(iv) provide instructions on how to
obtain a delineation and classification of
wetlands under this section.
‘‘(2) PROVISION OF DELINEATION DETERMINA-
TIONS.—On completion under this section of a delin-
eation and classification of property that contains
wetlands or a delineation of property that contains
waters of the United States that are not wetlands,
the Secretary of Agriculture, in the case of wetlands
located on agricultural lands and associated non-
agricultural lands, and the Secretary, in the case of
other lands, shall—
‘‘(A) file a copy of the delineation, includ-
ing the classification of any wetland located on
the property, with the records of the property
in the local courthouse; and
‘‘(B) serve a copy of the delineation deter-
mination on every owner of the property on
record and any person with a recorded mort-
gage or lien on the property.
‘‘(3) NOTICE OF ENFORCEMENT ACTIONS.—The
Secretary shall file notice of each enforcement action
under this section taken with respect to private
property with the records of the property in the local
courthouse.
‘‘(4) WETLANDS IDENTIFICATION AND CLASSI-
FICATION PROJECT.—
‘‘(A) IN GENERAL.—The Secretary and the
Secretary of Agriculture shall undertake a
project to identify and classify wetlands in the
United States that are regulated under this sec-
tion. The Secretaries shall complete such
reasonably necessary to ensure that such infor-
mation is available to the public.
‘‘(E) REPORTS.—The Secretaries shall re-
port to Congress on implementation of the
project to be conducted under this section not
later than 2 years after the date of the enact-
ment of the Comprehensive Wetlands Conserva-
tion and Management Act of 1995 and annually
thereafter.
‘‘(F) RECORDATION.—Any classification of
lands as wetlands under this section shall, to
the maximum extent practicable, be recorded on
the property records in the county, parish, or
borough in which such wetlands are located.
‘‘(i) ADMINISTRATIVE APPEALS.—
‘‘(1) 
REGULATIONS
ESTABLISHING
PROCE-
DURES.—Not later than 1 year after the date of the
enactment of the Comprehensive Wetlands Conserva-
tion and Management Act of 1995, the Secretary
shall, after providing notice and opportunity for pub-
lic comment, issue regulations establishing proce-
dures pursuant to which—
‘‘(A) a landowner may appeal a determina-
tion 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 determina-
tion that the proposed activity on the land-
owner’s property is not exempt under sub-
section (f);
‘‘(D) a landowner may appeal a determina-
tion that an activity on the landowner’s prop-
erty does not qualify under a general permit is-
sued under this section;
‘‘(E) an applicant for a permit under this
section may appeal a determination made pur-
suant 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 re-
quired 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 ap-
peal 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 sub-
section may participate in such appeal.
‘‘(5) DECISIONMAKER.—An appeal brought
pursuant to this subsection shall be heard and de-
cided 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 ap-
peal 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.
‘‘(j) ADMINISTRATIVE PROVISIONS.—
‘‘(1) FINAL REGULATIONS FOR ISSUANCE OF
PERMITS.—Not later than 1 year after the date of
the enactment of the Comprehensive Wetlands Con-
servation and Management Act of 1995, the Sec-
retary shall, after notice and opportunity for com-
ment, issue (in accordance with section 553 of title
5 of the United States Code and this section) final
regulations for implementation of this section. Such
regulations shall, in accordance with this section,
provide—
‘‘(A) standards and procedures for the
classification and delineation of wetlands and
procedures for administrative review of any
such classification or delineation;
‘‘(B) standards and procedures for the re-
view of State or local land management plans
and State programs for the regulation of wet-
lands;
‘‘(C) for the issuance of general, including
programmatic, State, regional, and nationwide
permits;
‘‘(D) standards and procedures for the in-
dividual permit applications under this section;
‘‘(E) for enforcement of this section; and
‘‘(F) any other rules and regulations that
the Secretary deems necessary or appropriate to
implement the requirements of this section.
‘‘(2) JUDICIAL
REVIEW
OF
FINAL
REGULA-
TIONS.—Any judicial review of final regulations is-
sued pursuant to this section and the Secretary’s de-
nial of any petition for the issuance, amendment, or
repeal of any regulation under this section shall be
in accordance with sections 701 through 706 of title
5 of the United States Code; except that a petition
for review of action of the Secretary in issuing any
regulation or requirement under this section or de-
nying any petition for the issuance, amendment, or
repeal of any regulation under this section may be
filed only in the United States Court of Appeals for
the District of Columbia, and such petition shall be
filed within 90 days from the date of such issuance
or denial or after such date if such petition for re-
view is based solely on grounds arising after such
ninetieth day. Action of the Secretary with respect
to which review could have been obtained under this
subsection shall not be subject to judicial review in
civil or criminal proceedings for enforcement.
‘‘(3) INTERIM
REGULATIONS.—The Secretary
shall, within 90 days after the date of the enactment
of the Comprehensive Wetlands Conservation and
Management Act of 1995, issue interim regulations
consistent with this section to take effect imme-
diately. Notice of the interim regulations shall be
published in the Federal Register, and such regula-
tions shall be binding until the issuance of final reg-
ulations pursuant to paragraph (1); except that the
Secretary shall provide adequate procedures for
waiver of any provisions of such interim regulations
to avoid special hardship, inequity, or unfair dis-
tribution of burdens or to advance the purposes
of this section.
‘‘(4) ADMINISTRATION BY SECRETARY.—Except
where otherwise expressly provided in this section,
the Secretary shall administer this section. The Sec-
retary or any other Federal officer or agency in
which any function under this section is vested or
delegated is authorized to perform any and all acts
(including appropriate enforcement activity), and to
prescribe, issue, amend, or rescind such rules or or-
ders as such officer or agency may find necessary or
appropriate with this subsection, subject to the re-
quirements of this subsection.
‘‘(k) ENFORCEMENT.—
‘‘(1) COMPLIANCE ORDER.—Whenever, on the
basis of reliable and substantial information and
after reasonable inquiry, the Secretary finds that
any person is or may be in violation of this section
or of any condition or limitation set forth in a per-
mit issued by the Secretary under this section, the
Secretary shall issue an order requiring such persons
to comply with this section or with such condition or
limitation.
‘‘(2) NOTICE
AND
OTHER
PROCEDURAL
RE-
QUIREMENTS RELATING TO ORDERS.—A copy of any
order issued under this subsection shall be sent im-
mediately by the Secretary to the Governor of the
State in which the violation occurs and the Gov-
ernors of other affected States. The person commit-
ting the asserted violation that results in issuance of
the order shall be notified of the issuance of the
order by personal service made to the appropriate
person or corporate officer. The notice shall state
with reasonable specificity the nature of the asserted
violation and specify a time for compliance, not to
exceed 30 days, which the Secretary determines is
reasonable taking into account the seriousness of the
asserted violation and any good faith efforts to com-
ply with applicable requirements. If the person re-
ceiving the notice disputes the Secretary’s deter-
mination, the person may file an appeal as provided
in subsection (i). Within 60 days of a decision which
denies an appeal, or within 150 days from the date
of notification of violation by the Secretary if no ap-
peal is filed, the Secretary shall prosecute a civil ac-
tion in accordance with paragraph (3) or rescind
such order and be estopped from any further en-
forcement proceedings for the same asserted viola-
tion.
‘‘(3) CIVIL ACTION ENFORCEMENT.—The Sec-
retary is authorized to commence a civil action for
appropriate relief, including a permanent or tem-
porary injunction, for any violation for which the
Secretary is authorized to issue a compliance order
under paragraph (1). Any action under this para-
graph may be brought in the district court of the
United States for the district in which the defendant
is located or resides or is doing business, and such
court shall have jurisdiction to restrain such viola-
tion and to require compliance. Notice of the com-
mencement of such action shall be given immediately
to the appropriate State.
‘‘(4) CIVIL PENALTIES.—Any person who vio-
lates any condition or limitation in a permit issued
by the Secretary under this section and any person
who violates any order issued by the Secretary under
paragraph (1) shall be subject to a civil penalty not
to exceed $25,000 per day for each violation com-
mencing on expiration of the compliance period if no
appeal is filed or on the 30th day following the date
of the denial of an appeal of such violation. The
amount of the penalty imposed per day shall be in
proportion to the scale or scope of the project. In de-
termining the amount of a civil penalty, the court
shall consider the seriousness of the violation or vio-
lations, the economic benefit (if any) resulting from
the violation, any history of such violations, any
good-faith efforts to comply with the applicable re-
quirements, the economic impact of the penalty on
the violator, and such other matters as justice may
require.
‘‘(5) CRIMINAL
PENALTIES.—If any person
knowingly and willfully violates any condition or lim-
itation in a permit issued by the Secretary under
this section or knowingly and willfully violates an
order issued by the Secretary under paragraph (1)
and has been notified of the issuance of such order
under paragraph (2) and if such violation has re-
sulted in actual degradation of the environment,
such person shall be punished by a fine of not less
than $5,000 nor more than $50,000 per day of vio-
lation, or by imprisonment for not more than 3
years, or by both. If a conviction of a person is for
a violation committed after a first conviction of such
person under this paragraph, punishment shall be by
a fine of not more than $100,000 per day of viola-
tion, or imprisonment of not more than 6 years, or
by both. An action for imposition of a criminal pen-
alty under this paragraph may only be brought by
the Attorney General.
‘‘(l) STATE REGULATION.—
‘‘(1) SUBMISSION
OF
PROPOSED
STATE
PRO-
GRAM.—The Governor of any State desiring to ad-
minister its own individual or general permit pro-
gram for some or all of the activities covered by this
section within any geographical region within its ju-
risdiction may submit to the Secretary a description
of the program it proposes to establish and admin-
ister under State law or under an interstate com-
pact. In addition, such State shall submit a state-
ment from the chief legal officer in the case of the
State or interstate agency, that the laws of such
State, or the interstate compact, as the case may be,
provide adequate authority to carry out the de-
scribed program.
‘‘(2) STATE AUTHORITIES REQUIRED FOR AP-
PROVAL.—Not later than 1 year after the date of
the receipt by the Secretary of a program and state-
ment submitted by any State under paragraph (1),
the Secretary shall determine whether such State
has the following authority with respect to the issu-
ance of permits pursuant to such program:
‘‘(A) to issue permits which—
‘‘(i) apply, and assure compliance
with, any applicable requirements of this
section; and
‘‘(ii) can be terminated or modified
for cause, including—
‘‘(I) violation of any condition of
the permit;
‘‘(II) obtaining a permit by mis-
representation, or failure to disclose
fully all relevant facts; or
‘‘(III) change in any condition
that requires either a temporary or
permanent reduction or elimination
of the permitted activity;