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program, must be directed to implement the program in a manner that will have the 

 least possible adverse impacts on the value, use and enjoyment of privately owned 

 property, the local, state and national economies and local tax bases. 



Finally, it is inevitable that the interests of some landowners will be 

 required to give way to the overall national goal of wetlands conservation. Congress 

 must make clear that when the value, use or enjoyment of privately owned property 

 is "substantially diminished" by operation of the Section 404 program, the Federal 

 government will compensate the landowner for his or her land. Congress must either 

 provide a workable non-judicial mechanism for obtaining this compensation or open 

 the local Federal district courts, rather than the U.S. Claims Court alone, to these 

 claims. Congress must also provide that if the citizen prevails against the 

 government, the government must pay reasonable attorneys fees and the cost of the 

 litigation. 



Definition of Federal Jurisdictional Wetlands : 



The Coalition believes that Congress, rather than the agencies, must 

 define the wetlands that are to be regulated by the Federal government. With 75% 

 of the nation's wetlands in private ownership, the reach of this program is too 

 important a decision to be delegated to Federal judges and Federal bureaucrats that 

 are not directly accountable to the people. 



We believe that the definition of Federal jurisdictional wetlands must 

 require water on the surface for at least 21 days a year. Water on the surface for a 



