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land as a jurisdictional wetland. H.R. 3465 allows adnninistrative appeals to be 

 initiated by "any person who is adversely affected" by an appealable action and, in 

 the case of the appeal of a denial or grant of a permit, "any person who has 

 participated in the public comment process." This broadening of the appellate review 

 process is so counterproductive that the Coalition would rather have no administrative 

 appeal process rather than the process provided in Section 10 of H.R. 3465. 



H.R. 3465 LIMITS MITIGATION BANKS TO THE POINT 



THAT PRIVATELY OWNED BANKS ARE NOT LIKELY TO BE DEVELOPED . 



The President's plan allows mitigation banking projects for restoration, 

 enhancement, creation and, in some circumstances, preservation of wetlands. The 

 initial private banking projects that have been permitted, including the Florida 

 Wetlandsbank in Broward County, Florida, do not require the mitigation to be 

 completed in advance of the transfer of credits and do not require the mitigation bank 

 to be part of a currently non-existent state restoration plan. 



While appearing to encourage mitigation banking. Section 12 of H.R. 

 3465 actually discourages private sector mitigation banks by: restricting projects to 

 restoration and enhancement; requiring that the mitigation be performed in advance 

 of the transfer of credits; conditioning such banks on the existence of state 

 restoration plans; requiring regulations to be issued by the Secretary of the Interior; 

 and providing a regulatory standard for the price that can be charged for the banking 

 credits. 



H.R. 3465 IMPROPERLY TAXES ONE CLASS OF SECTION 404 

 PERMIT APPLICANTS TO BENEFIT A SECOND CLASS OF APPLICANTS : 



The Coalition certainly agrees that minor wetlands disturbances and 

 smaller landowners should be given relief from the Section 404 program. In fact, we 

 would recommend the "deregulation" of these activities and this class of landowner. 

 However, we strongly oppose Section 6 of H.R. 3465 which taxes Section 404 

 permit applicants $ 1 million annually to be used to assist a currently undefined class 

 of "small" private landowners to comply with the Section 404 program. 



