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20 PROTECTING AMERICA'S WETLANDS; 



ccK ' iuatioD procedures established in the 1992 Memoranda of Agreement under Section 

 40 • .J. These MOAs define a process for expedited review and resolution of agency 

 concerns regarding individual permit decisions. The MOAs also establish procedures for 

 resolving concerns involving the implementation of Section 404 program policy that can 

 be accomplished without delaying individual permit decisions. 



The agencies will continue to use the 1992 MOAs and, based on this experience, 

 determine whether additional guidance or revisions to the MOAs are necessary. It is 

 critical to the ultimate effectiveness of the Section 404 program to preserve the 

 responsibilities of Federal resource agencies such as the EPA, FWS and NMFS to reflect 

 their relative expertise and authorities while reducing duplication, overlap, and delay. It 

 is equally critical to recognize and understand the Corps' leadership and final decision- 

 making role as "project manager' for the evaluation of permit applications imder the 

 Section 404 regulatory program. 



I. ROLE OF STATE, TRIBAL, AND LOCAL GOVERNMENT 



Issue Dennltion: Decisions on where and how to protect or restore wetlands can be often most 

 appropriately made at State, Tribal, or local levels. However, the current Section 404 regulatory 

 program is run at the Federal level, except for certain waters in one State (Michigan). Many 

 States, Tribes, and local governments have their own wetlands programs, which often overlap, 

 are inconsistent with, or are simply distinct from Federal programs. This has resulted in 

 inefficiency, frustration by the regulated public, and significant confusion. 



ArimtnUtratlon Po<ilt<on: The Administration is committed to increasing State, Tribal, 

 and local government roles in Federal wetlands protection and restoration efforts. To 

 increase consistency and clarity and reduce the confusion generated by the current 

 relationship between the Federal govenmient and State, Tribal, and local govenmients in 

 wetlands protection and restoration, and to bring decision making to more appropriate 

 levels, the Administration is taking the following actions: 



• Assist States, Tribes, and Local Governments in Taking a Stronger Role in Wetlands 

 Protection. The Administration will provide technical and financial assistance and 

 guidance to States, Tribes, and local governments to assist them in taking more of a 

 leadership role in wetlands proteaion, e.g., through State/Tribal assumption of Section 

 404, development of comprehensive State/Tribal Wetland Conservation Plans, application 

 of SutcTribal Seaion 401 Certification authority to wetlands, development of 

 Programmatic General Pennits under Section 404, and better coordination between State, 

 Tribal, and local permit programs and the Seaion 404 program. 



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• Provide Incentives for States, Tribes, and Regional and Local Governments to 

 Integrate Watershed and Wetlands Planning. The Qean Water Aa should authorize the 

 development of State/Tribal watershed protection programs, requiring local and regional 



