CRS-88 



interest balancing process is a very important aspect 

 of the Corps' regulatory program. 108/ 



Despite the apparent expansive scope of its regulatory jurisdiction, 

 the Corps has estimated that approximately 20 percent of total wetlands are 

 beyond the reach of its programs. Excluded areas are wetlands that are not 

 linked to a tributary system, those that are less than 10 acres in size, and 

 those that are in headwaters of tributary streams with average annual water- 

 flows less than 5 cubic feet per second (cfs) (essentially upland wetlands). 

 Included among the major areas outside of the regulatory program are bottom- 

 land hardwoods of the Lower Mississippi Valley and many prairie potholes in 

 the North Central United States. 109 / 



The Permitting Process 



The permit process is complicated. Different types of activities and 

 scales of anticipated environmental impact follow different review processes. 

 While the Corps of Engineers takes the overall lead, the Environmental Pro- 

 tection Agency, the U.S. Fish and Wildlife Service, the National Marine Fish- 

 eries Service, and State agencies all play important roles, and other Federal 

 agencies may have a key voice in certain circumstances. Another reason for the 

 complicated nature of the program is that standards by which permits are issued 

 are broadly-stated, and interpretion of those standards in granting permits 

 or attaching conditions to permits has varied from district to district. 110 / 



The Corps has four general criteria for evaluating permit applications. 

 These are: 



108/ Goode, Bernard N. The Public Interest Review Process. National Wet- 

 lands Newsletter, v. 3, no. 1, 1981. p. 7. 



109/ U.S. Army Corps of Engineers, Impact Analysis, Draft, p. 107. 

 110 / Goode, The Public Interest Review Process, p. 7. 



