CRS-101 



exist to protect wetlands may be viewed as means to balance and mitigate the 

 degrading effects of other Federal programs such as these. 143 / 



SUMMARY 



Section 404 is clearly the key program in Federal wetland management. It 

 has been the subject of numerous concerns and complaints, mostly by permit 

 applicants who have encountered what they see as unnecessary, unreasonable, or 

 unwise delays and decisions. These concerns, coupled with concern about the 

 expanded geographic coverage of the program, have brought pressure on Congress 

 to give the program an intensive review. Current issues include delay, uncer- 

 tainty, possible inconsistency of permit decisions, and the interagency review 

 process inherent in the section 404 program. These concerns are part of two 

 more general issues about the current set of programs that provide for wetland 

 management. 



First, there is no national wetland law. Experts in the wetland field 

 have debated the need for such a law in many forums in the past. Many prefer 

 the present arrangement because it covers most wetland areas, has some regula- 

 tory flexibility by focusing attention on the more significant proposals, and 

 minimizes usurpation local land use planning prerogatives. Others would like 

 to see a wetlands law that sets clear policy for wetland areas, defines the 

 term wetland in Federal law, and directly confronts wetland value issues. 



Second, the issue of whether wetlands use and modification should be regu- 

 lated through a water quality approach or through controls on land use contin- 

 ues to be troublesome. The water quality approach, as presently used, is a 

 very imprecise fit with wetland resources. It does not cover all activities 

 that affect wetlands, yet, it applies to virtually all water areas. As one 



143 / U.S. Army Corps of Engineers. Impact Analysis, Draft, p. 76-77. 



