CRS-76 



relevant factors, including "ef feet. . .on. .. fish and wildlife, conservation, 

 pollution, aesthetics, ecology, and the general public interest. 80/ 



Creation of the Section 404 Program 



In 1972 Congress totally revised the Nation's water quality program and, 

 with it, triggered expanded protection of wetlands adjacent to the Nation's 

 streams and lakes. In the Federal Water Pollution Control Act Amendments of 

 1972, 81/ Congress established ambitious water cleanup goals and stated that 

 all pollutant discharges into waters of the United States are unlawful unless 

 authorized by a permit. Almost all the comprehensive permitting and implemen- 

 ting authorities of the Act were assigned to EPA. The single major exception 

 to this permitting authority is contained in Section 404 which authorized the 

 Corps to administer a separate permit program concerning dredge and fill 

 material. The new permitting program was similar to the Section 10 program of 

 the Rivers and Harbors Act, and allowed for the consolidated processing of 

 permits if both were required. The Corps was delegated this authority because 

 of its past experience administering the Section 10 program, although the basis 

 for the Section 404 program was support of water quality goals, while the Sec- 

 tion 10 program had been administered to protect navigability. 



More significantly, the Section 404 program greatly expanded the juris- 

 dictional scope of the Corps' program, because the reach of the many programs 



80/ 33 C.F.R. 209.120(f) (1975). Today the Corps' public interest 

 review includes additional factors: "conservation, economics, aesthetics, 

 general environmental concerns, historic values, fish and wildlife values, 

 flood damage prevention, land use, navigation, recreation, water supply, 

 water quality, energy needs, safety, food production, and, in general, the 

 needs and welfare of the people." 33 C.F.R. 320.4(a)(1) (1979). 



81/ Public Law 92-500, 33 U.S.C. 1251 et seq. (1976). 



