72 • Wetlands: Their Use and Regulation 



changes. Most issues of concern to environmental- 

 ists were settled out of court in February 1984. 



On May 12, 1983, the Corps proposed additional 

 changes to its 404 regulatory program. Many pro- 

 posals simply formalize many of the administrative 

 changes that already have been made to streamline 

 the permitting process. Other provisions involve 

 fairly major changes. Two provisions appear to in- 

 crease the level of wetlands regulation. First, a 

 limitation of the use of nationwide permits to 

 isolated waters to water bodies smaller than 10 acres 

 in size, which was removed on July 22, 1982, was 

 reinstated. Second, the Corps' authority to condi- 

 tion permits using either onsite or offsite mitiga- 

 tion measures was expanded. Three provisions ap- 

 pear to decrease the level of wedands regulation by 

 using "letters of permission," rather than permits, 

 for minor' discharges; by explicidy shifting the 

 "burden of proof ' to the Federal Government by 

 presuming that an applicant's proposal is accept- 

 able unless demonstrated by the Government not 

 to be; and by expanding the use of nationwide per- 

 mits in lieu of a case-by-case project 404 review to 

 all Federal projects and private projects that are ad- 

 jacent to Corps civil works projects. 



Section 10, Rivers and Harbors Act 



Under the Rivers and Harbors Act of 1899, per- 

 mits from the Corps are required for dredge, fill, 

 and other activities that could obstruct navigable 

 waterways, defined as those waters below the or- 

 dinary or mean high- water level or tide level. Prior 

 to 1968, the Corps considered only potential im- 

 pacts of such activities on navigation. In 1968, per- 

 mit criteria were broadened to include evaluation 

 offish and wildlife, conservation, pollution, esthet- 

 ics, ecology, and the general public interest, as well 

 as navigation. These criteria have been broadened 

 further to include additional factors, including eco- 

 nomics, historical values, flood damage prevention, 

 recreation, water supply, water quality, energy 

 needs, and food production. Some of these criteria 

 favor wetland protection, while others support de- 

 velopment. 



Often, section 10 and section 404 permitted ac- 

 tivities are processed concurrendy. Although wet- 

 lands covered by section 10 also are covered by sec- 

 tion 404, and although wetland protection is not 



a stated goal of section 10 permitting, section 10 

 has served to protect wedands against some impacts 

 that are not dealt with by section 404 permitting. 

 Unlike section 404, section 10 does not exempt any 

 activities from coverage. 



Acquisition and Incentive Programs 



As of September 30, 1981, FWS administered, 

 through ownership, lease, or easement arrange- 

 ments, close to 89 million acres of land in the Na- 

 tional Wildlife Refuge System, Waterfowl Produc- 

 tion Areas, and coordination areas. Of this total, 

 FWS estimates that approximately 33.4 million 

 acres are wedands, 28.7 million acres of which are 

 in Alaska. The National Forest Service is respon- 

 sible for managing about 190 million acres of land 

 in the National Forest System, a small percentage 

 of which is wedand. Aside from some special ap- 

 propriations, primary funding for the Nation's ac- 

 quisition and incentive programs comes from four 

 sources. 



Migratory Bird Hunting and 

 Conservation Stamps 



Since 1934, FWS has sold Migratory Bird Hunt- 

 ing and Conservation Stamps, commonly known 

 as "duck stamps," which must be purchased by 

 waterfowl hunters aged 16 and older. Nonhunters 

 may also purchase stamps. Since 1979, stamps have 

 cost $7.50 per year; about 2 million are sold annu- 

 ally. Proceeds are used to acquire habitat for mi- 

 gratory birds. From the inception of the program 

 to June 1982, more than 83 million stamps were 

 sold, worth over $240 million and accounting for 

 the purchase of more than 2.5 million acres of 

 waterfowl habitat, a large portion of which is wet- 

 land. 



Wetlands Loan Act 



A related source of funding is the Wedands Loan 

 Act of 1961, which provides for interest-free loan 

 advances toward wetland acquisition and ease- 

 ments. A total of $200 million has been authorized 

 by this program, out of which approximately $147 

 million has been appropriated through fiscal year 



1983. This program is due to expire September 30, 



1984, after which appropriations from the loan fund 



