105 



APPENDIX A LEGISLATIVE HISTORY OF WETLA^fDS PROTECTION IN THE UNITED 

 STATES 



Legislution 



The Water Pollution Control Act t)f 1948 (PL 80-845) was the first comprehensive statement of 

 federal interest in clean water programs. PL 80-845 was also the first sutute to provide state and local 

 governments with some of the fUMS needed to solve their water pollution problems. 



There were no federally required goals, objectives, limits, or even guidelines. There were no 

 mandatory indicators of whether pollution was indeed occurring. Nevenheless, the U.S. Surgeon 

 General was charged with developmg comprehensive programs to eliminate or reduce the pollution of 

 interstate waters. 



During the latter half of the I950's and well into the 1960's, water pollution control programs 

 were shaped by four statutes: the Federal Water Pollution Control Act of ly56 (PL 84-660); the 1961 

 amendments to that Act (PL 87-88); the Water Quality Act of 1965 fPL 89-234); and the Clean Water 

 Restoration Act of 1966 (PL 89-753). All of these statutes dealt largely with federal assistance to 

 municipal discharges and with federal enforcement programs for all discharges. 



Water quality standards become a prominent feature of the law with the passage of PL 89-234, 

 the Water Quality Act of 1965. That law created the FeJeral Water Pollution (Jontrol Administration 

 (FWPCA) and required the development of state water quality standards for interstate waters. 



In 1963, Massachusetts enacted a permit-based wetland regulation program, followed by Rhode 

 Island, Connecticut and several other northeastern states. 



The Federal Water Pollution Control Act Amendments of 1972-38 the Clean Water Act is 

 officially titled -was enacted October 18, 1972. It was the 500ih public law passed by the 92nd 

 Congress, hence its short title, PL 92-500. Local, state, and national water quality programs since 

 1972 have been more firmly shaped by the assumptions in PL 92-500 than by any other law In more 

 ways than most people realize. Congress changed "business as usual" when it passed PL 92-500. The 

 statute has been amended 12 times since 1972. 



The 1972 Federal Water Pollution Control Act Amendments added the section 402 National 

 Pollution Discharge Elimination System (NPDES) permit program, 33 U.S.C. 1344(1988), to 

 eliminate water quality problems by regulating the discharge of pollutants to the nation's waters. 



The Coastal Zone Management Act of 1972, 16 U.S.C. 1451, (1972), requires applicants to 

 obtain certification from the relevant state coastal resources agency that a permitted activity complies 

 with the state's a)a.'ital zone management program. The state's program must be approved by the 

 Commerce Department. 



The Water Quality Act of 1987, emphasized technology-based standards for industrial 

 dischargers; enhanced enforcement authority with increased civil, criminal, and administrative 

 penalties; and recognized the critical pollution problems of non-point sources. 



The federal government has adopted a number of policies aimed at reducing the direct effects 

 of its activities on wetlands. Relevant authorities incluoe the National Environmental Policy Act 

 (NEPA), the Fish and Wildlife Coordination Act, Executive Order 11990 on the Protection of 

 Wetlands, and the Water Resources Development Act of 1986, which includes reouirements for 

 mitigation of adverse effects on wetlands. In some coastal areas, the Coastal Barriers Resources Act 

 (CBRA), which makes new development projects in designated areas ineligible for most federally 

 financed assistance programs, is also important. 



The Tax Reform Act of 1986 eliminated most of the special tax advantages that accrued to 

 farmers and developers for new investments, particularly in wetland areas. The Food Security Act of 

 1985 included a "swampbuster" provision thai makes farmers ineligible for agricultural income-support 

 programs if they convert wetlands and plant commodity crops on them The Coastal Barriers 

 Resources Act of 1982 withdrew all federal subsides for development on designated coastal barrier 

 islands and beaches, where wetlands are a critical feature of the environment. 



In 1986, tne Congress enacted the Emergency Wetlands Resources Act to promote the 

 conservation of our nation's wetland in order to maintain the public benefits they provide, as well as 

 help fulfill international obligations contained in various migratory bird treaties ana conventions. The 

 intent was to protect, manage, and conserve wetlands by intensifying cooperative and acquisition 

 efforts among private interests and local, stale, and federal governments. 



