CRS-84 



percent of wetland acreage. 101/ Table 2 summarizes the extent of the Corps' 

 jurisdiction under different definitions of navigable waters. 



Reacting to the concern about activities covered by the rules, the Corps 

 proposed in the 1975 regulations to exempt certain routine or normal farming, 

 ranching, and forestry activities from regulation, including: plowing, culti- 

 vating, seeding, harvesting, and maintenance or emergency reconstruction of 

 structures in waterways. 



As an additional effort to lessen administrative complexity, the regu- 

 lations authorized Issuance of general or categorical permits for certain 

 activities that would cause minimal adverse cumulative effect on the environ- 

 ment, such as beach erosion control projects. After issuance of a general 

 permit, no further permit would be needed for similar work. 



Some observers noted approvingly that the absence of a detailed defini- 

 tion of dredge and fill materials In the legislative history of section 404 

 allowed the Corps to fashion a workable program, Including the exemptions for 

 normal farming, ranching, and forestry. 102 / Other persons in the agriculture, 

 forestry, and construction industries contended that the Corps' regulations 

 created major uncertainties about how the term "normal" would be interpreted. 

 Much of this concern stemmed from the decentralized nature of the Corps' reg- 

 ulatory activities, with each of the Corps' District Engineers traditionally 

 exercising considerable latitude in decision making. 103 / 



In 1977 the Corps issued final regulations concerning its regulatory pro- 

 gram under both the FWPCA and the Rivers and Harbors Act of 1899. These were 



101 / Ibid., p. 28. 



102 / Myrhum, Federal Protection of Wetlands, p. 604. 



103/ Blumm, The Clean Water Act's Section 404 Permit Program, p. 438. 



