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A FAIR, FLEXIBLE, AND mECl'lVE APPROACH 21 



mvolvemcDt and Federal approval of the State/Tribal programs. Wetlands should be 

 incoiporated into the overall watershed approach, with Tninimiiin requirements for 

 wetlands protection and restoration planning. Approved watershed plans would receive 

 a high priority for technical and financial support for activities such as mitigation banking, 

 advance identification, and categorization under the Section 404 regulatory program. 

 There would also be a high priority given to developing Programmatic Genoal Permits 

 that defer to local regulatory programs implementing approved watershed plans. 



• Increase Deference to State, Tribal, Regional, and Local Wetlands Decisionmaking. 

 The Corps will issue guidance which specifies the circumstances under which State, 

 Tribal, regional, and local programs can effectively regulate Section 404 activities, 

 through issuance of Prograirmiatic General Permits (PGPs). The guidance will also clarify 

 the s^eguards required to ensure that these programs ad e qua t ely protect wetlands and 

 other waters. 



The use of PGPs is designed to increase the roles of State, Tribal, regional, and local 

 govenmients in wetlands protection, provide an incentive for watershed planning efforts, 

 and reduce redundancy and overlap between these programs and the Federal Section 404 

 program. The Administration recommends that Congress amend Section 404(e) of the 

 Gcan Water Act to provide explicitly for issuance of PGPs with appropriate 

 environmental safeguards for approved State, Tribal, regional, and local regulatory 

 programs. 



• Endorse State/Tribal Wetlands Conservation Plans. Congress should endorse the 

 development of State/Tribal comprehensive wetland plans, with the goal of supporting 

 State and Tribal efforts to protea and manage their wetlands resources. EPA is currently 

 funding the development of 22 State Wetlands Conservation Plans; Congress should 

 provide EBA the authority to use its Wetlands Grants program to fund both their 

 development and implementation. 



• Encourage State /Tribal Assumption of Section 404. Congress should provide EPA the 

 authority to use its Wetlands Grants program to fund both development and 

 implementation of State assumption of the Section 404 program. In addition. Congress 

 should authorize partial assumption of the Section 404 program by States and Tribes as 

 an interim step toward full assumption. By authorizing partial assumption of discrete 

 areas within State or Tribal jurisdiaion, the State/Tribe can get experience with the 

 program as it develops full statutory equivalency, and the Federal government can defer 

 to the State/Tribe as early as possible. f 



• Provide States/Tribes with Access to Wetlands Delineation Training. State and Tribal 

 agencies will be encouraged to participate in the Federal interagency wetlands delineation 

 training and certification programs to strengthen their abilities to conduct wetlands 

 delineations, and to improve consistency in wetlands identification among State and 

 Federal wetlands programs. 



