CRS-134 



Besides demonstrating interest in section 404, the 96th Congress enacted 

 two bills affecting wetlands. The first measure, P.L. 96-182 (enacted January 

 2, 1980), was a series of amendments to the Water Bank Act (P.L. 91-559, enacted 

 in 1970). Principal provisions of this law broadened the definition of wetlands 

 under the Water Bank Act and authorized adjustment in rates of payments made 

 pursuant to it. 



As the program existed prior to these amendments, certain types of wetlands 

 were eligible for inclusion in a water bank agreement. These agreements are in- 

 tended to compensate landowners for protecting and maintaining the public re- 

 source values of wetlands located on private lands. Prior to the 1980 amendments, 

 the eligible areas in inland freshwater regions and artificially developed 

 inland freshwater areas were so-called Types 1 through 5, as defined in Circular 

 39, Wetlands of the United States, issued by the Department of the Interior 

 in 1954. The areas are: 



1. Seasonally flooded basins or flats, 



2. Fresh meadows, 



3. Shallow fresh marshes, 



4. Deep fresh marshes, and 



5. Open fresh water. 



These areas primarily constitute breeding and nesting areas that are located 

 mainly in the prairie pothole regions of the North Central United States. The 

 eligibility list did not originally include wetland Types 6 and 7 identified 

 in Circular 39, which are: 



6 . Shrub swamps , and 



7. Wooded swamps. 



However, the result of excluding these two types of areas was that certain 

 wintering areas for wood ducks and other migratory waterfowl, such as the Missi- 

 ssippi River bottomlands, were ineligible for the water bank program and were 



