CRS-126 



THE 95th CONGRESS (1977-1978) 



The section 404 and wetland Issues not resolved by the 94th Congress re- 

 surfaced in the 95th Congress, which did enact legislation amending the FWPCA. 

 Once again, a large number of bills were introduced, many of them calling for 

 a restricted definition of "navigable waters." Other bills proposed specific 

 permit exemptions and delegation of certain permitting functions to the States. 



Working from more than a dozen legislative proposals, (including the Wright 

 and Baker-Randoph amendments from the 94th Congress) and the new Corps regula- 

 tions, the Congress fashioned a compromise that retained the broad territorial 

 jurisdiction of the existing regulatory program. Amendments to section 404 

 were contained in legislation to reauthorize and refine a number of provisions 

 of the FWPCA, H.R. 3199, enacted December 27, 1977. 175 / 



During debate on the 1977 amendments, as during the 94th Congress, there 

 were efforts to reduce the expanded jurisdiction of the Corps, limiting it to 

 regulation of coastlines, traditional navigable waters, and adjacent wetlands. 

 Senator Bentsen offered a proposal to restrict the program of the Corps, while 

 authorizing States to designate other waters and wetlands to be included in the 

 Corps' jurisdiction. He argued that his amendment would halt the program's 

 overregulation and prevent it from further disrupting and frustating activities 

 of ranchers, farmers, foresters, and average citizens. 176 / This floor amendment 

 was defeated, however, as other Senators responded that such an approach would 



175 / P.L. 95-217, 33 U.S.C. 1251 et seq. 



176 / Remarks of Honorable Lloyd Bentsen. Congressional Record, v. 23, 

 Pt. 21, Aug. 4, 1977. p. 26711-26712. 



