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H.R. 350 BROADLY EXPANDS THE ACTIVITIES TO 

 BE REGULATED UNDER THE SECTION 404 PROGRAM : 



The Coalition supports expanding the 404 program legislatively to cover 

 "drainage, excavation and channelization" of wetlands. However, H.R. 350, through 

 Section 102 and 103, broadly expands the Section 404 program to cover flooding, 

 any diversion of water, clearing of vegetation and the placement of any material that 

 changes the bottom elevation of a water body. Such a broad expansion of the 

 program will paralyze the Corps of Engineers and destroy the 404 program. 



H.R. 350 AUTHORIZES CITIZEN SUITS FOR ALLEGED SECTION 404 VIOLATIONS : 



The Coalition believes strongly that if there is one thing the system does not 

 need more of it is lawsuits. Authorizing citizen suits for perceived violations of 

 Section 404 would simply be a disaster for the Federal court system and the citizens 

 of the nation. 



H.R. 350 RUNS COUNTER TO THE INITIATIVE 

 TO STREAMLINE AND REINVENT GOVERNMENT : 



In addition to failing to reduce the number of Federal agencies involved in the 

 404 program, H.R. 350 actually exacerbates this problem. Section 1 05 increases the 

 role of the EPA in the issuance of general permits. Section 104 increases the 

 bureaucratic burden by requiring the Corps to either adopt the recommendations of 

 the Fish and Wildlife Service and the National Marine Fisheries Service with respect 

 to individual 404 permits or respond in detail to such recommendations in writing. 

 This requirement is particularly troublesome since the USF&WS and NMFS can take 

 exactly opposite views with respect to specific individual permits. 



H.R. 350 PROPOSES AN UNREALISTIC AND UNACHIEVABLE NATIONAL GOAL : 



Section 101 of H.R. 350 proposes that the national goal should be the 

 preservation of all remaining wetlands, if preservation means that no alterations can 

 occur in the remaining 75 million acres of privately owned wetlands, this goal is 

 unrealistic and unachievable. 



