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A FAIR, FLEXIBLE, AND EFFECTIVE APPROACH 



• Programmatic General Permits (PGPs) Under Section 404. The Corps will issue 

 guidance which specifies the circumstances under which State, Tribal, regional, and local 

 governments with existing regulatory programs may assume a more active role in 

 wetlands protection while reducing duplication with Federal programs. PGPs are 

 extremely useful in reducing unnecessary duplication between Federal and non-Federal 

 regulatory programs and in generally enhancing the role of State and local governments 

 and of advance pl annin g, in decisions regarding wetlands and other aquatic resources. 

 The Administration recommends that Congress amend Section 404(e) of the Qean Water 

 Act to provide explicitly for issuance of PGPs, with appropriate environmental safeguards, 

 for approved State, Tribal, regional, and local regulatory programs. 



• Improve Nationwide Permit 26 Through Regionalization. In order to improve the 

 implementation of existing Nationwide Permit 26 (NWP 26) in isolated waters and in 

 headwater areas, the Corps, in coordination with appropriate Federal, State, and Tribal 

 agencies, and with the opportunity for public notice and conuncnt, will undertake a field 

 level review of NWP 26 to develop regional descriptions of the types of waters, and the 

 nature of activities in those waters that will not be subject to authorization under NWP 

 26. Advance pl annin g efforts that have assessed the functions and values of local isolated 

 wetlands and headwaters, and have considered factors such as cumulative losses and 

 scarcity of particular classes of waters, will be used to facilitate this effort. 



• Mitigation Banking. Wetland mitigation banking refers to the restoration, creation, 

 enhancement, and, in certain defined circumstances, preservation of wetlands expressly 

 for the puipose of providing compensatory mitigation in advance of discharges into 

 wetlands authorized under the Section 404 regulatory program. Advance planning can 

 be used to identify appropriate locations for, and uses of, mitigation banks. EPA and the 

 Corps have issued guidance to their field staff that clarifies the manner in which wetlands 

 mitigation banking fits in the Section 404 regulatory program. Congress should endorse 

 the appropriate use of banking, with environmental safeguards, as a compensatory 

 mitigation option under the Section 404 regulatory program, and explicitly allow use of 

 the State Revolving Fund to capitalize mitigation banks. 



• Promote Voluntary, Cooperative Programs. With approximately 75 percent of the 

 Nation's remaining wetlands in the lower 48 States located on privately owned property, 

 it is clear that cooperation with the private sector in implementation of wetlands 

 protection and restoration activities is critical. Advance plaiming offers an excellent 

 opportunity to involve the public in generil, and property owners in particular, in 

 developing and implementing wetlands protection and restoration plans. The 

 Administration will support planning activities that include cooperative activities with 

 property owners, and will increase support for programs that assist landowners in the 

 implementation of such plans through restoration, technical assistance, and education and 

 information programs. 



