CRS-15 



number of these artificial islands, located along the Intracoastal Waterway 

 System, shelter endangered species or provide critical habitat (see pages 

 60-61). 



Likewise, areas such as bogs and swamps that may appear to have little 

 tangible value, often are associated with officially listed rare and endangered 

 species. 



Finally, the functions performed by wetlands are diverse and dependent on 

 many characteristics other than size alone (including location and condition) 

 (see pages 35-38). It is not possible to accurately generalize about wetlands, 

 on the basis of only one or two factors, or to conclude that some have less 

 value . 



Issue 3 



Should the statutory relationship between EPA and the Corps of Engineers 

 under the section 404 program be revised to give the Corps the clear leader- 

 ship role? Because of a 1979 Attorney General's opinion, EPA currently defines 

 the jurisdictional reach of the section 404 program, although the Corps has 

 principal regulatory responsibilities. Some persons see this distinction as 

 confusing and inappropriate in view of original congressional intent and long- 

 standing administrative practice concerning the role of the Corps. Other per- 

 sons support the current process of shared responsibilites and consultation 

 and would oppose altering this relationship. 



Pro 



Under the current program there exist overlapping responsibilities and 

 confu sion about which Federal agencies are involved in examining a section 404 

 permit application, especially when trying to untangle the complex interagency 

 review processes called for in the Act (see pages 88-95). According to some 



