CRS-95 



1979, EPA had funding sufficient only to review 10 percent of the permit appli- 

 cations. 131 / On the other hand, many critics of the program contend that EPA's 

 role is too strong. They feel that since EPA is charged with making environ- 

 mentally-oriented decisions, based on its primary mission to protect water 

 quality, EPA's influence tends to disrupt the primary missions of the Corps, 

 which are developing water resources and maintaining navigability of water 

 courses. 



EPA has published a program strategy outlining its role in meeting its 

 responsibilities under section 404. 132/ The Strategy defines EPA's approach 

 to implementing its wetland authorities, including its legislative mandate and 

 institutional structure to address section 404 program goals and objectives, 

 and its agency policies and strategies. The Strategy places this program with- 

 in the context of EPA's broader organization and related programs which help 

 define the regulatory environment of the section 404 program. The Strategy 

 has been in effect for less than two years, and no evaluation of its accom- 

 plishments or shortcomings has been published. 



Roles of the Fish and Wildlife Service and National Marine Fisheries Service 



Both Services participate in the 404 permit process through their respon- 

 sibilities under the Fish and Wildlife Coordination Act. This Act requires 

 that wildlife receive "equal consideration" in Federal water resource develop- 

 ment activities. The Fish and Wildlife Service is generally involved in fresh- 

 water wetland areas, and both services are likely to be involved when actions 

 in coastal wetlands are contemplated. 



131 / Blumm, The Clean Water Act's Section 404 Permit Program, p. 422. 



132 / U.S. Environmental Protection Agency. Office of Water Regulations 

 and Standards. Criteria and Standards Division. Section 404 Program Strategy. 

 Washington, June 1980. 15 p. 



