77 



— 8 — 



Exclusion of Man-Made Wetlands 



Many wetlands are created, intentionally or unintentionally, as a result of 

 human activities. Wetland vegetation that results from crop irrigation, 

 saturation from broken drain tiles, flooding as a result of neglected stream 

 maintenance, standing water from poorly designed public works projects, and 

 the construction of farm and stock ponds are a few examples. 



Farm Bureau recommends that artificially created wetlands should not fall 

 under 404 jurisdiction because they are man-made and often unintentional. 



Farm Bureau recommends Congress recognize, under certain circumstances, 

 that some types of agricultural production are entirely compatible with 

 conserving wetland functions and values. Forestry, cranberry and blueberry 

 production, haying/grazing and some types of aquaculture are prime examples. 

 Where such commodities can be produced in manner consistent with overall 

 wetland functions, they should be encouraged and allowed to expand. 

 Compatible activities such as cranberry production and aquacultiu-e should be 

 specifically mentioned along with stock watering, irrigation and rice 

 production. Language exclusively limiting these artificial lakes and ponds to 

 stock watering, irrigation and rice production should not limit the stocking of 

 fish or seasonal efforts to provide waterfowl habitat. 



Regulation of Activities-Discharge of Dredged Material 



An example of wetland policy largely developed through Utigation and 

 regulation is the explicit inclusion of "excavation activities, such as ditching, 

 channelization, or mechanized land-clearing" as regulated activities. Current 

 law does not include these activities as being subject to the Section 404 

 requirements. Such explicit and substantial expansion of regvJated actives 

 violates the guarantee of due process of law in the U.S. Constitution. 



Farm Bureau recommends this action be exposed to congressional debate. 

 Regarding the explicit and substantial expansion of regulated actives, we 

 oppose the restriction and/or eUmination of the incidental soil movement or de 

 minimis clause of past Clean Water Acts. We also strongly believe that 

 Congress must explicitly clarify mechanized land-clearing so that it has no 

 implementation for the planting and harvesting of trees. 



