68 



A FAIR, FLEXIBLE, AND El-'FECnVE APPROACH 25 



on the proposition that restrictions on the actions of the propeity owners in question are 

 called for in order to protect the property rights, safety, environmental or economic 

 interests of other individuals or the community at large. 



In those situations where the necessary restrictions on use amount to a taking of the 

 property, the owner will, of course, be entitled to compensation. Moreover, where a 

 property owner believes that government action amounts to a taking, the courts are 

 available to review such claims and to determine whether compensation is due. Due to 

 the unique nature of each situation, these issues must be considered on a case-by-case 

 basis. Therefore, the Administration does not support a legislative approach to this issue. 



The Administration is strongly committed to reducing the impact of the 404 program on 

 landowners. Many of the Administration positions that have been described in this paper 

 are designed to make the program as efficient, predictable, consistent, and equitable as 

 possible (sec ADDRESSING LANDOWNER CONCERNS, AGRICULTURE and 

 CATEGORIZATION). 



VI. CONCLUSION 



This comprehensive reform package represents a tremendous opportunity to move beyond the 

 unnecessary polarization that has characterized the wetlands policy debate in recent years. While 

 divisive, that debate has not been without value. 



The critics of the wetlands regulatory program have performed a service to the country by 

 highlighting the need for meaningful reform in the administration of wetland regulatory programs. 

 Many of the much-needed reforms contained in this package — such as permit deadlines, an 

 appeals process, the use of mitigation banks, and increasing the role of State and local 

 government in wetlands regulation — have been proposed by critics of the current regulatory 

 program. 



The supporters of wetlands protection have also performed a service by helping to inform the 

 Nation of the environmental and economic importance of wetlands, a vital natural resource that 

 was once routinely destroyed. Their strong commitment to protecting and restoring this vital 

 resource is also reflected in this package. 



There will, no doubt, be individuals on each side of this divisive debate who will not be entirely 

 pleased with every element of this reform package.| But our approach provides effective 

 protection of an important natural resource in a manner that is both fair and flexible, thus 

 recognizing both the value of wetland resources and the need to minimize regulatory burdens. 



