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PROTECTING AMERICAS WETIANDS. 



• To atUiD the long-tenn goal of increasing the quantity and quality of the Nation's 

 wetlands, the Administration will promote the restoratioo of damaged wetland areas 

 through voluntary, non-regulatory programs. 



The complete package of reform initiatives follows. (Some initiatives are listed under more than 

 one heading for the sake of clarity.) By proposing an approach based upon effective protection 

 and restoration of the Nation's wetlands, while adopting much-needed reforms to increase the 

 fairness and flexibility of regulatory programs, the Administration's reform package offers a 

 tremendous opportunity to move beyond the divisiveness that has characterized the wetlands 

 policy debate in recent years. 



A. ADDRESSING LANDOWNER CONCERNS 



Issue Definition: The program that regulates wetlands under Section 404 of the Qcan Water 

 Act has been criticized as being slow, unpredictable and imfair. For example, it has been claimed 

 that permits take too long to obtain; that wetlands delineations are sometimes slow, inaccurate, 

 and inconsistent; and that it is unfair that the Corps does not provide a process by which 

 landowners can appeal a jurisdiaional determination or the denial of a wetlands permit short of 

 suffering the expense of going to court. 



ArimlnKtration Position : The Qinton Administration believes that the Federal 

 government has a responsibility to the public to conduct such regulatory programs in a 

 manner that is efficient, rcspoctsive and fair. Therefore, the Administration supports the 

 followiiig reforms that will reduce the impaa of regulation on the public, while meeting 

 our objectives to protea wetlands: 



•Deadlines for Permit Action Within one year the Corps will modify its regulations, 

 through a public rulemaking process, to establish regulatory deadlines for reaching 

 decisions regarding permit applications. The regulations will generally require the Corps 

 to reach permit decisions within 90 days from the date of issuance of the public notice, 

 unless precluded by other laws, such as the National Enviromnental Policy Act. The 

 Administration will strongly support the additional personnel and funding necessary to 

 meet these deadlines for permit aaion. 



•The Adoption of an Appeals Process Within one year, the Corps will develop an 

 administrative appeals process under the Seaion 404 regulatory program. The pmcess, 

 which will be implemented after a public rulemiking, will be designed to allow for 

 administrative appeals of the Corps' determination that it has regulatory jurisdiction over 

 a particular parcel of property, permit denials, and administrative penalties. The process 

 will allow third parties to participate in applicani appeals of permit denials and will 

 require that applicants exercise their right to appeal before initiating judicial action. The 

 Administration will strongly support the additional personnel and funding necessary to 

 implement successfully the appeals process. 



