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THE PROGRAMMATIC GENERAL PERMIT 

 PROVISION OF HR. 3465 IS INADEQUATE : 



Again, the idea of providing a progrannmatic general permit program to 

 consolidate Federal, state, and local wetlands permitting is sound, but H.R. 3465 fails 

 in the execution. Section 7 provides a programmatic general permit program by which 

 the more routine and minor wetlands activities can be managed, but the provision is 

 inadequate because; it does not extend to local and regional governments; it requires 

 state programs to be "mini-404" programs; and allows four Federal agencies to review 

 permit applications to, and decisions made by, the state program for consistency with 

 the Federal program. In addition, the requirement that all state permits are subject to 

 all Federal environmental laws is an expansion of current law. For instance, this 

 provision would subject state permits to the controversial Section 7 consultation 

 process of the Endangered Species Act. 



H.R. 3465 EXACERBATES THE PROBLEM OF MULTIPLE 



FEDERAL AGENCY INVOLVEMENT IN THE SECTION 404 PROGRAM : 



The Coalition believes strongly that the Section 404 program should be 

 implemented solely by one Federal agency and believes that the Corps of Engineers 

 is the best agency for the job. H.R. 3465 not only does not address the problem of 

 multiple agency involvement, it exacerbates that problem. H.R. 3465 directs the 

 Administrator of the EPA to issue most new regulations that are required by the bill 

 and the Secretary of the Interior to issue the rules for mitigation banking. Meanwhile, 

 the Corps continues to have the responsibility to implement the entire 404 program. 



