Replies

WETLAND MITIGATION & MITIGATION BANKING

Pres. BUSH
Feb. 1990 Memorandum of Agreement signed between Army Corps of Engineers and EPA on mitigation under the 404(b)(1) Guidelines

· Avoidance of wetland impacts set aside when a Corps/EPA plan (e.g. Special Area Management Plan) is approved

· Wetland mitigation banking deemed appropriate compensatory mitigation.

· Wetland mitigation may not be practicable where there is a high proportion of land that is wetlands.

Pres. CLINTON/GORE

· Did not repeal this MOA.

NATIONWIDE PERMITS (37 Different NWPs)

Pres. BUSH
Nov. 1991 Nationwide Permit Program - Final Regulations

· "Mitigation banks" deemed to be appropriate mitigation for NWPs

· Fifteen calendar days for natural resources to notify Corps of comments on NWPs

· Corps will not respond to comments of natural resource agencies on NWPs

· Authorization of NWP activities in a state that has denied 401 water quality certification for NWPs

Pres. CLINTON/GORE
· Did not repeal Nov. 1991 Nationwide Permit Program regulations changes

· 23 Aug 1993 - EPA/ Corps sign Memorandum of Agreement on establishment and use of wetland mitigation banks in the Clean Water Act Sec. 404 Program for NWPs.

· 20 Nov. 1995 - Revised and reissued Nationwide permits including NWP 26.

· 17 June 1996 - Promised to repeal NWP 26 but later reissued all 37 NWPs and add four new ones.

AGENCY WETLAND PERMIT ELEVATION

Pres. BUSH
August 1992 Memorandum of Agreement signed between Corps/EPA concerning Sec. 404(q) elevation.

· Limits EPA elevation of individual permits to aquatic resources of national importance (defined by the Corps).

· Basically hamstrings EPA's ability to request review of Corps wetland fill decisions

Pres. CLINTON/GORE
· Did not repeal this August 1992 MOA

WETLANDS AND WATER QUALITY

Pres. BUSH
Corps Regulatory Guidance Letter RGL No. 90-04, 13 March 1990

· Even when EPA advises Corps of water quality problems, Corps makes its own independent judgment

Pres. CLINTON/GORE
· Did not repeal RGL No. 90-04. It apparently expired after five years.

1985: Swamp Buster Act: Part of the Food Safety Bill: any farms who developed land in a jurisdictional wetland could not participate in any government sponsorships.

1987: meeting of National Wetland Policy Forum- advisory board put together by Reagan: make policies and regulations regarding wetlands. Conservative groups (mostly farmers and land developers) came out with radical policy of No Net Loss after seeing scientific information about wetlands.