CRS-121 



of the FWPCA — include controlling both direct pollutant discharges and activities 

 with the potential for altering the normal movement of water in hydrologic 

 cycles. The public debate has not focused the differing nature, function, 

 or relative value of any particular wetland area. While scientific researchers 

 have studied these differences and attempted to estimate values, results of 

 their efforts are not reflected in Federal law or regulations. In terms of 

 management or affording protection, existing legislation does not distinguish 

 among different types of wetland areas. Thus, under the current regulatory 

 program, uses in all wetlands — whether natural, manmade, or unintended — are 

 equally controlled by the dredge and fill permit program if they meet de- 

 finitional qualities that identify wetland areas. 165 / The following paragraphs 

 summarize congressional interest in wetlands during the past decade. Debate 

 about the section 404 program, especially the topic of geographic coverage, 

 is emphasized. 



THE 93rd CONGRESS (1973-1974) 



Following passage of the 1972 Amendments to the Federal Water Pollution 

 Control Act, there was little congressional interest or activity concerning 

 wetlands or the section 404 program that had been established in 1972. Contro- 

 versies that would later surround the Corps' implementation of the program as 

 a result of court interpretations and expanded regulation (see discussion in 

 chapter II) had not yet surfaced. Until the Corps was challenged in court 

 in 1974 (at the end of the 93rd Congress), it restricted its regulatory program 



165 / Some wetlands areas are further protected through other programs at 

 the Federal level, such as Fish and Wildlife Service's National Wildlife Refuge 

 System, and at the State level, through special designations such as "critical 

 areas". 



