84 



The Honorable Gerry Studds 

 Octobers, 1993 

 page 3 



"artificial wetlands," such as non-tidal drainage and irrigation ditches excavated on 

 uplands, are excluded from wetland delineations. Areas created as wetlands incidental 

 to construction, mining and other activities are excluded as well. ABC would like to 

 ensure that man-made sediment ponds are indeed excluded under the Administration's 

 plan. 



PRIORITY RANKING 



Recognizing all wetland areas are not equal, ABC supports a priority ranking 

 system to classify wetland areas and appropriate use. Distinct definitions for wetland 

 areas must be articulated and regional differences must be taken into account. The 

 Administration plan does provide that variations in wetlands functions can be applied in 

 connection with watershed planning, which seems to recognize at least regional 

 differences in wetland functions. 



In a wetlands classification system, the strict sequencing test (avoidance, 

 minimization and mitigation) for obtaining permits should only apply to the highest valued 

 wetlands. A more balanced approach, taking into account cost/benefit issues, should be 

 utilized for less environmentally sensitive areas. 



MITIGATION 



ABC supports mitigation efforts to protect and compensate for the loss and 

 degradation of wetland functions and values. We believe any effort to improve wetland 

 management should consider the use of a mitigation banking system to restore, enhance 

 or create wetlands when appropriate. The Administration plan does as well allow for 

 mitigation as a function of restoration, enhancement, creation, and preservation of 

 wetlands. 



LANDOWNER COMPENSATION 



ABC believes compensation must be made available to landowners whose land 

 is significantly devalued or deemed unusable under wetland classification guidelines. 

 With three quarters of the nation's wetland areas being privately owned, it is imperative 

 to enact a rational and reasonable policy which balances protection of valuable wetlands 

 with the rights of private property owners. 



STATES 



ABC believes it is vital for states to play an active role in developing and defining 

 wetlands policy. The Administration has suggested the concept of state watershed and 

 wetlands management plans to establish a greater state role in wetlands regulation. 

 States should be encouraged to assume greater responsibility of the 404 program, and 

 should also be allowed to tailor the categorization program to fit their individual 

 circumstances. In cases where applicable, joint federal and state permit review should 



