58 



A FAIR, FLEXIBLE, AND EFFECTIVE APPROACH 15 



jurisdiction of wetlands regulation without opportunity for public involvement. The proposed 

 1991 Manual that followed was roundly criticized by those who claimed that it would greatly 

 reduce the scope of geographic jurisdiction applied to wetlands. In an attempt to resolve this 

 controversy, in the fall of 1992 the Congress directed EPA to fund a National Academy of 

 Science (NAS) study of wetlands delineation. That study is expected to be completed in the Fall 

 of 1994. Since January 1993, both the Corps and EPA have adopted the 1987 Manual, which 

 was in use in some parts of the country prior to the issuance of the 1989 Manual. 



Artmlntstratton Position: Tlie Clinton Administration suf^rts the use of the 1987 

 Wetlands Delineation Manual by the Corps, EPA, SCS, and FWS pending the evaluation 

 of the NAS study. (See 'Guarantee Consistency in Delineations on Agricultural Lands* 

 under AGRICULTURE.) The use of the 1987 Manual by the Corps and EPA has 

 increased confidence and consistency in identifying wetlands and has diminished the 

 controversy associated with the 1989 and 1991 manuals. If the Federal agencies jointly 

 conclude that the 1987 Manual should be revised to respond to recommendations of the 

 NAS, any proposed changes will be the subject of a process that will provide full 

 opportunity for public comment. In addition, any proposed changes will be field tested 

 by the agencies prior to final adoption to determine their impact in the real world. 



To increase public confidence in the Seaion 404 regulatory program, the Administration 

 recommends that the Congress endorse the continued use of the 1987 Manual in the 

 reauthorization of the Qean Water Act, pending recommendations that may result from 

 the NAS study. 



Issue Dennition: Definiog 'Waters of the U^.' and 'Wetlands'' 



The Clean Water Act regulates discharges to "navigable waters," which are defined in the statute 

 as "waters of the United States." However, the Act does not contain a definition of "waters of 

 the United States." Similarly, while the Act refers to "wetlands," the statute does not define the 

 term. Explicit definitions of these terms in the statute, consistent with longstanding regulatory 

 definitions, would clarify Congressional intent with regard to the scope of geographic jurisdiction 

 under the Act. 



Administration Position : The Administration recommends that Congress incorporate the 

 definition of "waters of the United States" contained in existing EPA and Corps 

 implementing regulations. To provide additional consistency among Qean Water Act and 

 Food Security Act programs, Congress should also incorporate the definition of 

 "wetlands" contained in the Gean Water Aa regulatory definitions, which is essentially 

 identical to the wetlands definition in the !l990 Farm Bill. (Tbt Qean Water Act 

 regulatory definition of wetlands is preferable because some Sutes have used the 

 definition in State wetlands statutes. To adopt a different definition at Federal and State 

 levels of government would only create further confusion in the regulatory program.) 



The EPA/Corps definition of "waters of the United Sutes" explicitly includes recently 

 promulgated language clarifying that "prior converted croplands" are not waters of the 



