CRS-122 



to those waters considered to fall within the traditional definition of navi- 

 gability. Thus, concern over the geographic scope of the Federal regulatory 

 program was not yet evident. 



More than a dozen wetland-related bills were introduced during the 93rd 

 Congress. The majority of those bills, however, concerned establishing and 

 maintaining wildlife refuges. Several other bills concerned acquisition 

 of wetlands through the sale of Federal migratory bird hunting stamps, and 

 one bill would have established an Atlantic Wetlands Research Center in order 

 to maintain wetland resources for migratory birds in the Atlantic flyway. 

 None of these bills was enacted during the 93rd Congress. 



THE 94th CONGRESS (1975-1976) 



Questions about the Corps' 1975 regulations (see pages 79-84) were brought 

 to the attention of Congress, which held hearings in 1976. Issues raised at 

 that time included: (1) possible duplication of Federal and State activities, 

 because section 404 did not authorize delegation to the States, although 15 

 States were operating specific wetland programs under their own laws 166 /; (2) 

 possible future legal action by citizens to expand the Corps' authority into the 

 routine activities that had been exempted by the regulations; (3) authority of 

 the Corps to issue general permits; and (4) the need for clarification in defining 

 those excluded activities. 



In testimony before the Senate Public Works Committee, Senator Dole discussed 

 the lack of congressional directive in the FWPCA for wetland protection, saying, 

 "Congressional intent as reflected in the language of section 404 was admittedly 

 vague and unspeciflc with respect to the issues of Federal wetlands protection, 



166/ U.S. Congress. Senate. Committee on Public Works. Section 404 of the 

 Federal Water Pollution Control Act Amendments of 1972. Hearings, 94th Congress; 

 2d session. July 27 and 28, 1976. Washington, U.S. Govt. Print. Off., 1976. p. 42. 

 (Serial no. 94-H49.) 



