1998 Year of the Ocean Coastal Tourism and Recreation 



The Army Corps of Engineers (COE) implements the section 404 permit program. Under 

 section 404, a permit is required for the discharge of dredged or fill materials into the waters of 

 the U.S. that lie inside of the baseline for the territorial seas and fill materials into the territorial 

 seas within three miles of shore. Although COE has the permitting responsibility under the 

 section 404 program except in certain waters of two states (Michigan and New Jersey), which 

 have assumed the authority, EPA is authorized to review and comment on the impact of proposed 

 dredge and fill activities and to prohibit discharges that would have an unacceptable impact on 

 municipal water supplies, shellfish beds and fishery areas, wildlife and recreational areas. EPA, 

 in consultation with COE, is charged with developing guidelines to be used in evaluating 

 discharges subject to section 404. (See 40 C.F.R. Part 230.) The section 404 permit requirement 

 is the cornerstone for the current wetlands regulatory program. If COE or EPA determines that a 

 certain property is a jurisdictional wetlands, no one can discharge dredged or fill materials into it 

 without a section 404 permit. COE and EPA also have cooperative agreements with the Natural 

 Resources Conservafion Service and rely on its determinations as to the presence of wetlands on 

 agricultural lands. 



National Flood Insurance Reform Act of 1994 (NFIRA) 



The NFIRA established the Flood Mitigation Assistance (FMA) program. The purpose of FMA 

 is to plan and carry out acfivities designed to reduce the risk of flood damage to structures 

 covered under contracts for flood insurance under this title. Section 1366 of the NFIRA assigns 

 the FEMA Director the authority and responsibility for carrying out the program. 42 U.S.C. § 

 4104c. Section 1367 establishes the National Flood Mitigation Funds to fund FMA grants. 42 

 U.S.C. §4104d. 



The Flood Mitigation Assistance program, unlike the Stafford Act programs, are pre-disaster 

 programs. There are three types of FMA grants. Planning grants assist states and communities 

 in developing flood mifigafion plans. Under section 1366 of the NFIRA, a FEMA- approved 

 Flood Mitigaton Plan (FMP) is required in order for a state or community to receive a FMA 

 project grant. Project grants fiand eligible flood mifigafion projects. FEMA encourages states to 

 prioritize the mitigafion activifies outlined in their FMPs and fund projects that will greatly 

 reduce or eliminate the risk of flood damage to buildings, manufactured homes, and other NFIP- 

 insurable structures. Mitigafion of repetifively or substanfially damaged structures is a high 

 priority. Technical assistance grants assist states in providing technical assistance to applicants 

 in applying for the program or in implementing approved projects. 



National Marine Sanctuaries Act fNMSA) . 16 U.S.C. §§1431 et seq. 



The NMSA provides the Secretary of Commerce with the authority to designate and manage 

 nationally significant marine areas as national marine sanctuaries. The NMSA lists recreational 

 and esthetic qualities as among the things that might give an area special national significance. 



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