CRS-71 



CHAPTER III: FEDERAL WETLAND PROGRAMS 



INTRODUCTION 



Wetlands are not managed under a single law or program. The Federal 

 effort is a composite of provisions in numerous laws, as interpreted by regu- 

 lations and the courts. The most important of the provisions, section 404 of 

 the Federal Water Pollution Control Act (P.L. 92-500, as amended), does not 

 define or even mention wetlands. Rather this section, enacted in 1972 and 

 amended in 1977, established a dredge and fill permitting program, expanding 

 on a permit program that had been established earlier under section 10 of the 

 Rivers and Harbors Act of 1899. 



While these two programs are generally viewed as key regulating activ- 

 ities in wetland areas, several others also affect wetlands use and alter- 

 ation. These programs include: 



1. Activities of the Fish and Wildlife Service and the National Marine 

 Fisheries Service under provisions of the Fish and Wildlife Coordin- 

 ation Act ensure that wildlife resources are given equal consideration 

 in water resource project planning, including the section 404 program; 



2. the Water Bank Program, which provides economic incentives to protect 

 wetlands through contracts with rural landowners; 



3. the wetlands acquisition programs of the Fish and Wildlife Service; 



4. Land and Water Conservation Fund, which provides funds to Federal agen- 

 cies for land acquisition for the purpose — among others-of protecting 

 endangered species habitat and protecting such important natural areas 

 as National Wildlife Refuges; and 



