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22 PROTECTING AMERICA'S WETLANDS: 



J. SCOPE OF REGULATED ACTlVlllES 



Issue DefinitioD: The Qean Water Act Section 404 program regulates "discharges" of dredged 

 and fill material to wetlands and other waters of the United States. In the past, these terms have 

 been interpreted in a way that created regulatory "loopholes" uiKkr which certain projects could 

 be designed, using expensive and sophisticated methods, so that they did not require Section 404 

 authorization. 



The environmental effects of these projects on wetlands are no different than less sophisticated 

 projects involving discharges of dredged or fill material, which have been regulated under Section 

 404. Also, these loopholes have led to inconsistencies in how the Section 404 program has been 

 implemented around the country. 



Admlnktratlon Pthsttion: The Administration has issued a final regulation, and is asking 

 Congress to take corresponding legislative action, to dose these regulatory loopholes by 

 clarifying the types of activities that involve discharges of dredged or fill material subject 

 to Section 404 review. 



The following actions will result in better protection of wetlands, and improve the 

 fairness, prcdiaability, and consistency of the Section 404 program. 



• Ciarify Definition of 'Discharge of Dredged Material. ' Under the final rule, this 

 term is defined to ensure that discharges into wetlands and other waters of the United 

 States will be consistently regulated when they are associated with excavation activities, 

 such as ditching, chaimelization, or mechanized landdearing, that have environmental 

 effects of concern. The rule cxplidtly excludes from Section 404 regulation discharges 

 assodated with activities that have only de minimis, or inconsequential, environmental 

 effects. In an effort to reduce the impaa of these changes on the regulation of minor 

 aaivities with only minimal adverse enviroimiental effects, the Corps will coordinate with 

 EPA to develop additional general permits authorizing such minor activities. The revised 

 definition does not affed the existing exemptions in Seaion 404(f) for ongoing fanning, 

 ranching, and silvicultural activities. 



• Clarify Definition of 'Discharge of Fill Material. ' The agendes also are clarifying 

 the definition of "discharge of fill material" to ensure that activities in waters of the 

 United States that involve the non-traditional use of pilings (e.g., shopping malls, parking 

 garages) will require Qean Water Act authorizatiofa. In an effort to reduce the impact 

 of these changes on the regulation of minor aaivities with only minimal adverse 

 environmental effects, the Corps will coordinate with EPA to develop additional general 

 permits that authorize such activities. \ 



