CRS-127 



leave many vital wetlands unprotected and open to potentially destructive 

 discharges. 177 / 



As adopted, the amendments to section 404 endorsed the Corps' exemptions 

 for certain "normal activities" of farming, ranching, and forestry, and added 

 other exemptions for construction or maintenance associated with established 

 stock ponds, irrigation and drainage ditches, and forest roads. As a safeguard, 

 however, Congress said that a permit would be required if one of these activi- 

 ties should have the effect of altering or converting an area to a new farming, 

 forestry, or ranching use. 178 / 



The amendments also authorized EPA to delegate the regulatory program for 

 Phase II and III waters from the Corps to qualified States. This provision for 

 delegation recognized that a number of States and localities had previously 

 been attempting to protect wetland areas, while it ensured that a federally 

 coordinated program would provide consistency and assure that sensitive wetland 

 areas located adjacent to privately held lands would receive protection. Thus, 

 it conformed with the Act's policy to give primary implementation responsibility 

 to the States. 179 / However, EPA retains significant oversight: it may review 

 and may veto individual and general permits; it may take enforcement actions in 

 individual situations; and it may withdraw approval of the delegated program, if 

 it finds that the State is failing to meet requirements of the Act. If all 

 States were to accept this delegated authority, they would then be responsible 

 for permitting activities in wetlands adjacent to 85 percent of waters currently 



177 / See, for example: Remarks of Honorable Gary Hart. Congressional 

 Record, v. 123, Part 21, August 4, 1977. p 26712-26713; and Remarks of Honorable 

 John Chafee. Congressional Record, v. 123, part 21, August 4, 1977. p. 26716-26717. 



178 / P.L. 95-217, section 67(b). 



179/ Federal Water Pollution Control Act, FWPCA, section 101(b). 



