PUBUC INPUT TO THE REVISION PROCESS 



1989 MANUAL: 



As an interpretation of the existing regulatory definition of wetlands, the Manual 

 was not required to go through notice and comment rulemaking. There was no 

 opportunity for public input on the Manual prior to its issuance or 

 implementation. 



PROPOSED REVISED MANUAL: 



The Agencies held 4 public meetings last Summer and accepted written 

 comments on the 1989 Manual until September 28, 1990. These comments were 

 considered in developing the proposed revisions. 



The Manual will be formally proposed in the Federal Register . The position 

 that this Manual is a technical guidance document which is not required by law 

 to go through Administrative Procedure Act (APA) legislative rulemaking 

 procedures has been upheld with respect to the 1989 wetlands delineation 

 manual in Hobbs v. United States. 32 Env't Rep. Cas. (BNA) 2091 (E.D. Va. 

 1990), appeal pending . No. 90-1861 (4th Cir.). Nonetheless, the agencies believe 

 that it would be appropriate and in the public interest to include parts of the 

 final manual in the Code of Federal Regulations. When the agencies determine 

 what portions of the manual that may be promulgated as a legislative rule, they 

 will provide notice of specific proposed regulatory language in the FEDERAL 

 REGISTER at least 30 days prior to the end of the public comment period. 

 The regulatory language will be subject to the Administrative Procedure Act 

 rulemaking process. 



