CRS-91 



for a decision, under referral authority provided in section 404 and imple- 

 mented by interagency Memoranda of Agreement. In many cases when this happens, 

 as with the Hampton Roads, Virginia oil refinery proposal, the section 404 

 permit is used as leverage for debating othei. issues, ones that typically have 

 environment versus economic development overtones. 118 / 



The general permit program, available where only minimal adverse environ- 

 mental effects from single or cumulative actions are anticipated, has greatly 

 reduced administrative burdens. These permits, which can be issued at three 

 scales — nationwide, regional, and State — were initiated by the Corps in 1975 to 

 reduce regulatory delays, and were made part of the statute in the 1977 amend- 

 ments. 119 /, 120 / As of late 1981, the Corps had issued 374 general permits, of 

 which 361 were regional and 13 were nationwide. A proposal to issue 30 addit- 

 ional nationwide permits is pending. According to estimates of the Corps that 

 are believed to be conservative, general permits have reduced annually the need 

 to process 60,000 individual permits annually. 121/ In proposed regulations 

 issued in 1980, the Corps specified 23 types of activities for which national 

 permits would be issued. Representative activities include placing navigational 

 aids, fish and wildlife harvesting devices, survey activities, Outer Continental 



118 / U.S. Senate. Committee on Environment and Public Works. Energy 

 Development Project Delays: Six Case Studies. Prepared by the Congressional 

 Research Service. Library of Congress. Washington, U.S. Govt. Print Off., 

 1979. Serial No. 96-7. 



119 / U.S. Department of Defense. Department of the Army, Corps of 

 Engineers. Proposal to Amend Permit Regulations for Controlling Certain 

 Activities in Waters of the United States. Federal Register, v. 45, No. 184, 

 pt. vi, Sept. 19, 1980 p. 62734-62736 and 62775-62777. 



120/ The 1977 Amendments to section 404 are discussed more fully in Chap- 

 ter V~ 



121 / U.S. Army Corps of Engineers. Impact Analysis, Draft, p. 21. 



