108 



Department of Triia<;portatlon 



The Federal Highway Administration funded the development of the Wetland Evaluation 

 Technique (WET) in 1982-83. This technique has since been refined and re-issued by the U.S. Army 

 Corps of Engineers (WET II). 



Suite Protection 



As detailed above, state wetland regulations date from the Massachusetts legislation of 1963. 

 Today, all aia.<ita} states have some form of regulation over alteration of marine wetlands, and 14 states 

 have a freshwater wetland regulatory program. 



Congressional response to tne lack of success under CWA section 208 resulted in the addition 

 of section 319, the Nonpoint Source Management Program, in 1987. 



Under section 319, EPA fiinding |rants encourage the sutes to voluntarily opt into the federal 

 program. The states may identi^ and mventory nonpoint source problems affecting their waters, 

 prioritize and develop strategies for addressing them, but no federal permit program is created under 

 section 319. 



CWA section 401(a) cerrification requirement is a power tool for state participation in CWA 

 section 404 federal permitting of dredge and fill activities in wetland. The section 401(a) certification 

 requirement is designed to insure that projects requiring a federal permit comply with cenain CWA 

 requirements including state water quality .<itandards. 



Few states have promulgated water quality criteria for wetlands. EPA as recommended that 

 stales develop water quality criteria for wetlands by using a two-phase approach. Phase I involves 

 development of water quality standards for wetlands based upon existing iniormation. EPA expects the 

 states to accomplish phase I by the end of fiscal year 1993. Phase II involves further refinement of the 

 water quality standards using new science and proeram developments. 



Currently, about 10 states utilize some form of classification system in their regulation of 

 activities affecting wetland. 



Under section 401 of the CWA, 33U.S.C. 1341(1988), and section 307(c)(3} of the Coastal 

 Zone Management Act (CZMA), 16 U.S.C. 1456(c)(3)(l988), Congress has provided every state 

 ample authority to "veto," or to impose virtually any condition it wants, in every federal section 404 

 permit aivd almost every federal permit under section 10 of the Rivers and Harbors Act (RHA). 



Proposed Legislation 



In October 1990, the Comprehensive Wetlands Conservation and Management Act of 1990 

 (H.R. 5968) was intri>duced. The bill, reintroduced as H.R. 1330 on March 7, 1991, would 

 substantially modify the section 404 wetland permit process by establishing a federal wetland 

 classification program. 



Other bills regarding wetland classification and/or protection have been introduced into the 

 House to moderate or offset the thrust of H.R. 1330, for example the Wetlands No Net Loss Act of 

 1991, H.R. 251, and the Wetlands Protection and Regulation Reform Act of 1991, H.R 404. 



Two bills have been introduced into the House of Representatives this year, H.R. 350 and 

 H.R. 1330 Bt)th bills address amendments to Section 404 of the CWA. 



APPENDIX B NORTH DAKOTA'S NO NET 1X)SS OF WETLANDS LAW 



North Dakota is located in the 300,000 sq. mi. area know as the Prairie Pothole Region, and it 

 produces one-half of the ducks produced in the lower 48 states in an average water year. Prairie 

 wetland exist in complexes of various types that are most easily defined bv the degree ofj>ermanency 

 of water. Of the estimated original 3 million acres of prairie wetland in tne .state, about 2 million acres 

 remain. 



In 1987, the North Dakota Legislature passed a law commonly referred to as the No-Nel-Loss 

 of Wetlands (NNLW) law. The final bill that was passed by the legislature was the result of intense 

 negotiations between water development and wildlife interests in the State, where tradeoffs were made 

 on both sides. Historically, wetland laws in North Dakota were permissive to the point of encouraging 

 wetland drainage for agricultural purposes. Thus, the NNLW law was designed as a means of 

 restricting wetland drainage to reduce the average annual loss of 20,000 acres per year. This law is by 

 far the most significant piece of legislation affecting North Dakota's wetland ever passed by the State 



