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ATTACHMENT 4 

 H.R. 3465 

 'WETLANDS PROTECTION AND MANAGEMENT ACT" 

 March 23, 1994 



The Coalition does not support the enactment of H.R. 3465. H.R. 3465 

 contains some positive provisions including grants for state wetlands management 

 plans, expedited permitting for small landowners, certain exemptions from the 404 

 program, a wetlands delineators training and certification program and a public 

 education program. While H.R. 3465 is not, overall, as harmful as H.R. 350, this 

 legislation contains provisions that the Coalition opposes and fails to provide the 

 reform that the Coalition believes to be necessary. The Coalition specifically opposes 

 the following provisions: 



H.R. 3465 PROVIDES A "NO NET LOSS 



OF ACREAGE" TEST FOR EACH INDIVIDUAL PERMIT : 



Section 6 of the bill requires the Corps to ensure, to the maximum extent 

 practicable, that there is no net loss of wetlands acreage in every Section 404 permit 

 that is issued. This is, perhaps, the most rigid permitting test yet proposed and, when 

 coupled with citizen suits and third party access to the administrative appeal process, 

 could render obtaining a Section 404 permit almost impossible. 



H.R. 3465 UNDULY EXPANDS THE 



ACTIVITIES TO BE REGULATED UNDER SECTION 404 : 



The Coalition supports expanding the Section 404 program legislatively to cover 

 drainage, excavation and channelization of wetlands. Section 15 of H.R. 3465 

 expands the 404 program much more broadly to cover "flooding," "placement of 

 other obstructions," "diversion of water" and even broader categories of activities. 

 The Coalition strongly opposes such a broad and indeterminant expansion of the 404 

 permitting program. 



H.R. 3465 ALLOWS ADMINISTRATIVE 

 APPEALS TO BE INITIATED BY THIRD PARTIES : 



The President's plan that was issued on August 24, 1 993, recognizes the need 

 for an administrative appeals process for landowners and applicants for Section 404 

 permits. The President's plan limits access to the administrative appeals process to 

 permit applicants and landowners who are dissatisfied with the delineation of their 



