Protection of Wetlands: Section 404 of Clean Water Act

April 1, 1982 Resolutions

Number: 1982-06

 

WHEREAS, this nation’s wetlands are valuable resources that provide highly productive habitat for fish and wildlife, support numerous recreational activities, reduce flooding, recharge groundwater, purify surface water, and control erosion; and

WHEREAS, approximately 50% of this nation’s original wetlands have been destroyed and several hundred thousand acres of wetlands are being lost each year; and

WHEREAS, the federal government finances numerous programs and construction projects that harm wetlands; and

WHEREAS, the Section 404 permit program of the Clean Water Act is the a regulatory program that protects wetlands and plays an essential role in meeting the goals of that Act: the restoration and maintenance of this nation’s waters; and

WHEREAS, public participation in the Section 404 permit issuance process is essential to the protection of wetlands; and

WHEREAS, the Clean Water Act, including Section 404, must be reauthorized in 1982;

NOW, THEREFORE, BE IT RESOLVED that the National Wildlife Federation, in annual convention assembled March 18-21, 1982, in Milwaukee, Wisconsin, strongly supports the reauthorization of Section 404 consistent with the following objectives:

  1. Section 404 must continue to apply to all “waters of the U.S.,” particularly wetlands.
  2. Section 404 must continue to provide for thorough federal and state interagency review of permit applications under that Section.
  3. Permit applications under Section 404 should be reviewed on the basis of the Section 404(b) environmental guidelines developed by EPA and the Section 101(a) goals and objectives of the Act and other applicable laws.
  4. General permits issued under Section 404 must be limited to activities that are similar in nature, that cause only minimal adverse environmental effects when performed separately, and that have only minimal cumulative adverse effects on the environment.
  5. Greater emphasis should be placed on the advance designation of acceptable disposal sites and the identification of nationally important wetlands and waters that cannot be used as disposal sites, as required by 404(c).
  6. The requirements of Section 404 must apply to all federal agencies to the same extent that they apply to state and non-governmental entities.
  7. The exceptions of Section 404(f) for normal farming, silviculture, and ranching activities should not be expanded.
  8. Section 505 of the Act should be clarified so that all aspects of Section 404 are subject to the citizen suit provisions of Section 505 of the Act.
  9. Section 404 should apply to all activities that adversely affect wetlands and water courses, including the channelization and drainage of wetlands, and must not be limited to activities traditionally viewed by the Corps of Engineers as discharges of dredged and fill material.
  10. The states should be encouraged to administer the Section 404 program subject to acceptable performance criteria and should be adequately funded to develop and conduct that program. State administration must be contingent upon financial abilities of the states, either through federal funding or other sources, to provide equivalent or superior public participation through the public notice process.
  11. The Corps of Engineers should seek ways to minimize delays in permit decisions through improved coordination between and among state and federal agencies. However, Section 404 must continue to provide for meaningful public participation in the permit issuance process, including a 30-day public notice period.