[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1330 Introduced in House (IH)]

  1st Session
                                H. R. 1330

    To amend the Federal Water Pollution Control Act to establish a 
   comprehensive program for conserving and managing wetlands in the 
                 United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 28, 1995

 Mr. Hayes (for himself, Mr. Shuster, Mr. Tauzin, Mr. Young of Alaska, 
 Mr. Emerson, Mr. Pete Geren of Texas, Mr. Solomon, Mr. Costello, Mr. 
Clinger, Ms. Danner, Mr. Blute, Mr. Laughlin, Mr. Bateman, Mr. Parker, 
 Mr. Hutchinson, Mr. Kim, Mr. Ewing, Mr. Inglis of South Carolina, Mr. 
Dickey, Mr. English of Pennsylvania, Mr. Brewster, Mr. Mica, Mr. Fields 
   of Texas, Mr. Coble, Mr. Duncan, Mr. Doolittle, Mrs. Fowler, Mr. 
Hansen, Mr. Calvert, Mr. Latham, Mr. Pombo, Mrs. Cubin, Mr. Jones, Mrs. 
Lincoln, Mr. Taylor of North Carolina, Mr. Shadegg, Mrs. Chenoweth, Mr. 
 DeLay, Mr. Poshard, Mr. Baker of Louisiana, Mr. Wamp, Mr. Livingston, 
Mr. Clement, Mr. Packard, Mr. Lewis of California, Mr. LaHood, Mr. Deal 
of Georgia, Mr. Quinn, and Mr. Gallegly) introduced the following bill; 
       which was referred to the Committee on Transportation and 
                             Infrastructure

_______________________________________________________________________

                                 A BILL


 
    To amend the Federal Water Pollution Control Act to establish a 
   comprehensive program for conserving and managing wetlands in the 
                 United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Wetlands Conservation 
and Management Act of 1995''.

SEC. 2. FINDINGS AND STATEMENT OF PURPOSE.

    (a) Findings.--Congress finds that--
            (1) wetlands play an integral role in maintaining the 
        quality of life through material contributions to our national 
        economy, food supply, water supply and quality, flood control, 
        and fish, wildlife, and plant resources, and thus to the 
        health, safety, recreation and economic well-being of citizens 
        throughout the Nation;
            (2) wetlands serve important ecological and natural 
        resource functions, such as providing essential nesting and 
        feeding habitat for waterfowl, other wildlife, and many rare 
        and endangered species, fisheries habitat, the enhancement of 
        water quality, and natural flood control;
            (3) much of the Nation's resource has sustained significant 
        degradation, resulting in the need for effective programs to 
        limit the loss of ecologically significant wetlands and to 
        provide for long-term restoration and enhancement of the 
        wetlands resource base;
            (4) most of the loss of wetlands in coastal Louisiana is 
        not attributable to human activity;
            (5) because 75 percent of the Nation's wetlands in the 
        lower 48 States are privately owned and because the majority of 
        the Nation's population lives in or near wetlands areas, an 
        effective wetlands conservation and management program must 
        reflect a balanced approach that conserves and enhances 
        important wetlands values and functions while observing private 
        property rights, recognizing the need for essential public 
        infrastructure, such as highways, ports, airports, pipelines, 
        sewer systems, and public water supply systems, and providing 
        the opportunity for sustained economic growth;
            (6) while wetlands provide many varied economic and 
        environmental benefits, they also present health risks in some 
        instances where they act as breeding grounds for insects that 
        are carriers of human and animal diseases; and
            (7) the Federal permit program established under section 
        404 of the Federal Water Pollution Control Act was not 
        originally conceived as a wetlands regulatory program and is 
        insufficient to ensure that the Nation's wetlands resource base 
        will be conserved and managed in a fair and environmentally 
        sound manner.
    (b) Purpose.--The purpose of this Act is to establish a new Federal 
regulatory program for certain wetlands and waters of the United 
States--
            (1) to assert Federal regulatory jurisdiction over a broad 
        category of specifically identified activities that result in 
        the degradation or loss of wetlands;
            (2) to provide that each Federal agency, officer, and 
        employee exercise Federal authority under section 404 of the 
        Federal Water Pollution Control Act to ensure that agency 
        action under such section will not limit the use of privately 
        owned property so as to diminish its value;
            (3) to account for variations in wetlands functions in 
        determining the character and extent of regulation of 
        activities occurring in wetlands areas;
            (4) to provide sufficient regulatory incentives for 
        conservation, restoration, or enhancement activities;
            (5) to encourage conservation of resources on a watershed 
        basis to the fullest extent practicable; and
            (6) to protect public safety and balance public and private 
        interests in determining the conditions under which activity in 
        wetlands areas may occur.

SEC. 3. WETLANDS CONSERVATION AND MANAGEMENT.

    Title IV of the Federal Water Pollution Control Act (33 U.S.C. 1341 
et seq.) is further amended by striking section 404 and inserting the 
following new section:

``SEC. 404. PERMITS FOR ACTIVITIES IN WETLANDS OR WATERS OF THE UNITED 
              STATES.

    ``(a) Prohibited Activities.--No person shall undertake an activity 
in wetlands or waters of the United States unless such activity is 
undertaken pursuant to a permit issued by the Secretary or is otherwise 
authorized under this section.
    ``(b) Authorized Activities.--
            ``(1) Permits.--The Secretary is authorized to issue 
        permits authorizing an activity in wetlands or waters of the 
        United States in accordance with the requirements of this 
        section.
            ``(2) Nonpermit activities.--An activity in wetlands or 
        waters of the United States may be undertaken without a permit 
        from the Secretary if that activity is authorized under 
        subsection (e)(6) or (e)(8) or is exempt from the requirements 
        of this section under subsection (f) or other provisions of 
        this section.
    ``(c) Wetlands Classification.--
            ``(1) Regulations; applications.--
                    ``(A) Deadline for issuance of regulations.--Not 
                later than 1 year after the date of the enactment of 
                the Comprehensive Wetlands Conservation and Management 
                Act of 1995, the Secretary shall issue regulations to 
                classify wetlands as type A, type B, or type C wetlands 
                depending on the relative ecological significance of 
                the wetlands.
                    ``(B) Application requirement.--Any person seeking 
                to undertake activities in wetlands or waters of the 
                United States for which a permit is required under this 
                section shall make application to the Secretary 
                identifying the site of such activity and requesting 
                that the Secretary determine, in accordance with 
                paragraph (3) of this subsection, the classification of 
                the wetlands in which such activity is proposed to 
                occur. The applicant may also provide such additional 
                information regarding such proposed activity as may be 
                necessary or appropriate for purposes of determining 
                the classification of such wetlands or whether and 
                under what conditions the proposed activity may be 
                permitted to occur.
            ``(2) Deadlines for classifications.--
                    ``(A) General rule.--Except as provided in 
                subparagraph (B) of this paragraph, within 90 days 
                following the receipt of an application under paragraph 
                (1), the Secretary shall provide notice to the 
                applicant of the classification of the wetlands that 
                are the subject of such application and shall state in 
                writing the basis for such classification. The 
                classification of the wetlands that are the subject of 
                the application shall be determined by the Secretary in 
                accordance with the requirements for classification of 
                wetlands under paragraph (3) and subsection (i).
                    ``(B) Rule for advance classifications.--In the 
                case of an application proposing activities located in 
                wetlands that are the subject of an advance 
                classification under subsection (h), the Secretary 
                shall provide notice to the applicant of such 
                classification within thirty days following the receipt 
                of such application, and shall provide an opportunity 
                for review of such classification under paragraph (5) 
                and subsection (i).
            ``(3) Classification system.--Upon application under this 
        subsection, the Secretary shall--
                    ``(A) classify as type A wetlands those wetlands 
                that are of critical significance to the long-term 
                conservation of the aquatic environment of which such 
                wetlands are a part and which meet the following 
                requirements:
                            ``(i) such wetlands serve critical wetlands 
                        functions, including the provision of critical 
                        habitat for a concentration of avian, aquatic, 
                        or wetland dependent wildlife;
                            ``(ii) such wetlands consist of or may be a 
                        portion of ten or more contiguous acres and 
                        have an inlet or outlet for relief of water 
                        flow; except that this requirement shall not 
                        operate to preclude the classification as type 
                        A wetlands lands containing prairie pothole 
                        features, playa lakes, or vernal pools if such 
                        lands otherwise meet the requirements for type 
                        A classification under this paragraph;
                            ``(iii) there exists a scarcity within the 
                        watershed or aquatic environment of identified 
                        functions served by such wetlands such that the 
                        use of such wetlands for an activity in 
                        wetlands or waters of the United States would 
                        seriously jeopardize the availability of these 
                        identified wetlands functions; and
                            ``(iv) there is unlikely to be an 
                        overriding public interest in the use of such 
                        wetlands for purposes other than conservation.
                    ``(B) classify as type B wetlands those wetlands 
                that provide habitat for a significant population of 
                wetland dependent wildlife or provide other significant 
                wetlands functions, including significant enhancement 
                or protection of water quality or significant natural 
                flood control; and
                    ``(C) classify as type C wetlands all wetlands 
                that--
                            ``(i) serve limited wetlands functions;
                            ``(ii) serve marginal wetlands functions 
                        but which exist in such abundance that 
                        regulation of activities in such wetlands is 
                        not necessary for conserving important wetlands 
                        functions;
                            ``(iii) are prior converted cropland;
                            ``(iv) are fastlands; or
                            ``(v) are wetlands within industrial, 
                        commercial, or residential complexes or other 
                        intensely developed areas that do not serve 
                        significant wetlands functions as a result of 
                        such location.
            ``(4) Request for determination of jurisdiction.--
                    ``(A) In general.--A person who holds an ownership 
                interest in property, or who has written authorization 
                from such a person, may submit a request to the 
                Secretary identifying the property and requesting the 
                Secretary to make one or more of the following 
                determinations with respect to the property:
                            ``(i) Whether the property contains waters 
                        of the United States.
                            ``(ii) If the determination under clause 
                        (i) is made, whether any portion of the waters 
                        meets the requirements for delineation as 
                        wetland under subsection (g).
                            ``(iii) If the determination under clause 
                        (ii) is made, the classification of each 
                        wetland on the property under this subsection.
                    ``(B) Provision of information.--The person shall 
                provide such additional information as may be necessary 
                to make each determination requested under subparagraph 
                (A).
                    ``(C) Determination and notification by the 
                secretary.--Not later than 90 days after receipt of a 
                request under subparagraph (A), the Secretary shall--
                            ``(i) notify the person submitting the 
                        request of each determination made by the 
                        Secretary pursuant to the request; and
                            ``(ii) provide written documentation of 
                        each determination and the basis for each 
                        determination.
                    ``(D) Authority to seek immediate review.--Any 
                person authorized under this paragraph to request a 
                jurisdictional determination may seek immediate 
                judicial review of any such jurisdictional 
                determination or may proceed under subsection (i).
            ``(5) De novo determination after advance classification.--
        Within 30 days of receipt of notice of an advance 
        classification by the Secretary under paragraph (2)(B) of this 
        subsection, an applicant may request the Secretary to make a de 
        novo determination of the classification of wetlands that are 
        the subject of such notice.
    ``(d) Right to Compensation.--
            ``(1) In general.--The Federal Government shall compensate 
        an owner of property whose use of any portion of that property 
        has been limited by an agency action under this section that 
        diminishes the fair market value of that portion by 20 percent 
        or more. The amount of the compensation shall equal the 
        diminution in value that resulted from the agency action. If 
        the diminution in value of a portion of that property is 
        greater than 50 percent, at the option of the owner, the 
        Federal Government shall buy that portion of the property for 
        its fair market value.
            ``(2) Duration of limitation on use.--Property with respect 
        to which compensation has been paid under this section shall 
        not thereafter be used contrary to the limitation imposed by 
        the agency action, even if that action is later rescinded or 
        otherwise vitiated. However, if that action is later rescinded 
        or otherwise vitiated, and the owner elects to refund the 
        amount of the compensation, adjusted for inflation, to the 
        Treasury of the United States, the property may be so used.
            ``(3) Effect of state law.--If a use is a nuisance as 
        defined by the law of a State or is already prohibited under a 
        local zoning ordinance, no compensation shall be made under 
        this section with respect to a limitation on that use.
            ``(4) Exceptions.--
                    ``(A) Prevention of hazard to health or safety or 
                damage to specific property.--No compensation shall be 
                made under this section with respect to an agency 
                action the primary purpose of which is to prevent an 
                identifiable--
                            ``(i) hazard to public health or safety; or
                            ``(ii) damage to specific property other 
                        than the property whose use is limited.
                    ``(B) Navigation servitude.--No compensation shall 
                be made under this section with respect to an agency 
                action pursuant to the Federal navigation servitude, as 
                defined by the courts of the United States, except to 
                the extent such servitude is interpreted to apply to 
                wetlands.
            ``(5) Procedure.--
                    ``(A) Request of owner.--An owner seeking 
                compensation under this section shall make a written 
                request for compensation to the agency whose agency 
                action resulted in the limitation. No such request may 
                be made later than 180 days after the owner receives 
                actual notice of that agency action.
                    ``(B) Negotiations.--The agency may bargain with 
                that owner to establish the amount of the compensation. 
                If the agency and the owner agree to such an amount, 
                the agency shall promptly pay the owner the amount 
                agreed upon.
                    ``(C) Choice of remedies.--If, not later than 180 
                days after the written request is made, the parties do 
                not come to an agreement as to the right to and amount 
                of compensation, the owner may choose to take the 
                matter to binding arbitration or seek compensation in a 
                civil action.
                    ``(D) Arbitration.--The procedures that govern the 
                arbitration shall, as nearly as practicable, be those 
                established under title 9, United States Code, for 
                arbitration proceedings to which that title applies. An 
                award made in such arbitration shall include a 
                reasonable attorney's fee and other arbitration costs 
                (including appraisal fees). The agency shall promptly 
                pay any award made to the owner.
                    ``(E) Civil action.--An owner who does not choose 
                arbitration, or who does not receive prompt payment 
                when required by this section, may obtain appropriate 
                relief in a civil action against the agency. An owner 
                who prevails in a civil action under this section shall 
                be entitled to, and the agency shall be liable for, a 
                reasonable attorney's fee and other litigation costs 
                (including appraisal fees). The court shall award 
                interest on the amount of any compensation from the 
                time of the limitation.
                    ``(F) Source of payments.--Any payment made under 
                this section to an owner and any judgment obtained by 
                an owner in a civil action under this section shall, 
                notwithstanding any other provision of law, be made 
                from the annual appropriation of the agency whose 
                action occasioned the payment or judgment. If the 
                agency action resulted from a requirement imposed by 
                another agency, then the agency making the payment or 
                satisfying the judgment may seek partial or complete 
                reimbursement from the appropriated funds of the other 
                agency. For this purpose the head of the agency 
                concerned may transfer or reprogram any appropriated 
                funds available to the agency. If insufficient funds 
                exist for the payment or to satisfy the judgment, it 
                shall be the duty of the head of the agency to seek the 
                appropriation of such funds for the next fiscal year.
            ``(6) Limitation.--Notwithstanding any other provision of 
        law, any obligation of the United States to make any payment 
        under this section shall be subject to the availability of 
        appropriations.
            ``(7) Duty of notice to owners.--Whenever an agency takes 
        an agency action limiting the use of private property, the 
        agency shall give appropriate notice to the owners of that 
        property directly affected explaining their rights under this 
        section and the procedures for obtaining any compensation that 
        may be due to them under this section.
            ``(8) Rules of construction.--
                    ``(A) Effect on constitutional right to 
                compensation.--Nothing in this section shall be 
                construed to limit any right to compensation that 
                exists under the Constitution, laws of the United 
                States, or laws of any State.
                    ``(B) Effect of payment.--Payment of compensation 
                under this section (other than when the property is 
                bought by the Federal Government at the option of the 
                owner) shall not confer any rights on the Federal 
                Government other than the limitation on use resulting 
                from the agency action.
            ``(9) Treatment of certain actions.--A diminution in value 
        under this subsection shall apply to surface interests in lands 
        only or water rights allocated under State law; except that--
                    ``(A) if the Secretary determines that the 
                exploration for or development of oil and gas or 
                mineral interests is not compatible with limitations on 
                use related to the surface interests in lands that have 
                been classified as type A or type B wetlands located 
                above such oil and gas or mineral interests (or located 
                adjacent to such oil and gas or mineral interests where 
                such adjacent lands are necessary to provide reasonable 
                access to such interests), the Secretary shall notify 
                the owner of such interests that the owner may elect to 
                receive compensation for such interests under paragraph 
                (1); and
                    ``(B) the failure to provide reasonable access to 
                oil and gas or mineral interests located beneath or 
                adjacent to surface interests of type A or type B 
                wetlands shall be deemed a diminution in value of such 
                oil and gas or mineral interests.
            ``(10) Jurisdiction.--The arbitrator or court under 
        paragraph (5)(D) or (5)(E) of this subsection, as the case may 
        be, shall have jurisdiction, in the case of oil and gas or 
        mineral interests, to require the United States to provide 
        reasonable access in, across, or through lands that may be the 
        subject of a diminution in value under this subsection solely 
        for the purpose of undertaking activity necessary to determine 
        the value of the interests diminished and to provide other 
        equitable remedies deemed appropriate.
            ``(11) Limitations on statutory construction.--No action 
        under this subsection shall be construed--
                    ``(A) to impose any obligation on any State or 
                political subdivision thereof to compensate any person, 
                even in the event that the Secretary has approved a 
                land management plan under subsection (f)(2) or an 
                individual and general permit program under subsection 
                (l); or
                    ``(B) to alter or supersede requirements governing 
                use of water applicable under State law.
    ``(e) Requirements Applicable to Permitted Activity.--
            ``(1) Issuance or denial of permits.--Following the 
        determination of wetlands classification pursuant to subsection 
        (c) if applicable, and after compliance with the requirements 
        of subsection (d) if applicable, the Secretary may issue or 
        deny permits for authorization to undertake activities in 
        wetlands or waters of the United States in accordance with the 
        requirements of this subsection.
            ``(2) Type a wetlands.--
                    ``(A) Sequential analysis.--The Secretary shall 
                determine whether to issue a permit for an activity in 
                waters of the United States classified under subsection 
                (c) as type A wetlands based on a sequential analysis 
                that seeks, to the maximum extent practicable, to--
                            ``(i) avoid adverse impact on the wetlands;
                            ``(ii) minimize such adverse impact on 
                        wetlands functions that cannot be avoided; and
                            ``(iii) compensate for any loss of wetland 
                        functions that cannot be avoided or minimized.
                    ``(B) Mitigation terms and conditions.--Any permit 
                issued authorizing activities in type A wetlands may 
                contain such terms and conditions concerning mitigation 
                (including those applicable under paragraph (3) for 
                type B wetlands) that the Secretary deems appropriate 
                to prevent the unacceptable loss or degradation of type 
                A wetlands. The Secretary shall deem the mitigation 
                requirement of this section to be met with respect to 
                activities in type A wetlands if such activities (i) 
                are carried out in accordance with a State-approved 
                reclamation plan or permit which requires recontouring 
                and revegetation following mining, and (ii) result in 
                overall environmental benefits being achieved.
            ``(3) Type b wetlands.--
                    ``(A) General rule.--The Secretary may issue a 
                permit authorizing activities in type B wetlands if the 
                Secretary finds that issuance of the permit is in the 
                public interest, balancing the reasonably foreseeable 
                benefits and detriments resulting from the issuance of 
                the permit. The permit shall be subject to such terms 
                and conditions as the Secretary finds are necessary to 
                carry out the purposes of the Comprehensive Wetlands 
                Conservation and Management Act of 1995. In determining 
                whether or not to issue the permit and whether or not 
                specific terms and conditions are necessary to avoid a 
                significant loss of wetlands functions, the Secretary 
                shall consider the following factors:
                            ``(i) The quality and quantity of 
                        significant functions served by the areas to be 
                        affected.
                            ``(ii) The opportunities to reduce impacts 
                        through cost-effective design to minimize use 
                        of wetlands areas.
                            ``(iii) The costs of mitigation 
                        requirements and the social, recreational, and 
                        economic benefits associated with the proposed 
                        activity, including local, regional, or 
                        national needs for improved or expanded 
                        infrastructure, minerals, energy, food 
                        production, or recreation.
                            ``(iv) The ability of the permittee to 
                        mitigate wetlands loss or degradation as 
                        measured by wetlands functions.
                            ``(v) The environmental benefit, measured 
                        by wetlands functions, that may occur through 
                        mitigation efforts, including restoring, 
                        preserving, enhancing, or creating wetlands 
                        values and functions.
                            ``(vi) The marginal impact of the proposed 
                        activity on the watershed of which such 
                        wetlands are a part.
                            ``(vii) Whether the impact on the wetlands 
                        is temporary or permanent.
                    ``(B) Determination of project purpose.--In 
                considering an application for activities on type B 
                wetlands, there shall be a rebuttable presumption that 
                the project purpose as defined by the applicant shall 
                be binding upon the Secretary. The definition of 
                project purpose for projects sponsored by public 
                agencies shall be binding upon the Secretary, subject 
                to the authority of the Secretary to impose mitigation 
                requirements to minimize impacts on wetlands values and 
                functions, including cost effective redesign of 
                projects on the proposed project site.
                    ``(C) Mitigation requirements.--Except as otherwise 
                provided in this section, requirements for mitigation 
                shall be imposed when the Secretary finds that 
                activities undertaken under this section will result in 
                the loss or degradation of type B wetlands functions 
                where such loss or degradation is not a temporary or 
                incidental impact. When determining mitigation 
                requirements in any specific case, the Secretary shall 
                take into consideration the type of wetlands affected, 
                the character of the impact on wetland functions, 
                whether any adverse effects on wetlands are of a 
                permanent or temporary nature, and the cost 
                effectiveness of such mitigation and shall seek to 
                minimize the costs of such mitigation. The Secretary 
                shall deem the mitigation requirement of this section 
                to be met with respect to activities in type B wetlands 
                if such activities (i) are carried out in accordance 
                with a State-approved reclamation plan or permit which 
                requires recontouring and revegetation following 
                mining, and (ii) will result in overall environmental 
                benefits being achieved.
                    ``(D) Rules governing mitigation.--In accordance 
                with subsection (j), the Secretary shall issue rules 
                governing requirements for mitigation for activities 
                occurring in wetlands that allow for--
                            ``(i) minimization of impacts through 
                        project design in the proposed project site 
                        consistent with the project's purpose, 
                        provisions for compensatory mitigation, if any, 
                        and other terms and conditions necessary and 
                        appropriate in the public interest;
                            ``(ii) preservation or donation of type A 
                        wetlands or type B wetlands (where title has 
                        not been acquired by the United States and no 
                        compensation under subsection (d) for such 
                        wetlands has been provided) as mitigation for 
                        activities that alter or degrade wetlands;
                            ``(iii) enhancement or restoration of 
                        degraded wetlands as compensation for wetlands 
                        lost or degraded through permitted activity;
                            ``(iv) creation of wetlands as compensation 
                        for wetlands lost or degraded through permitted 
                        activity if conditions are imposed that have a 
                        reasonable likelihood of being successful;
                            ``(v) compensation through contribution to 
                        a mitigation bank program established pursuant 
                        to paragraph (4);
                            ``(vi) offsite compensatory mitigation if 
                        such mitigation contributes to the restoration, 
                        enhancement or creation of significant wetlands 
                        functions on a watershed basis and is balanced 
                        with the effects that the proposed activity 
                        will have on the specific site; except that 
                        offsite compensatory mitigation, if any, shall 
                        be required only within the State within which 
                        the proposed activity is to occur, and shall, 
                        to the extent practicable, be within the 
                        watershed within which the proposed activity is 
                        to occur, unless otherwise consistent with a 
                        State wetlands management plan;
                            ``(vii) contribution of in-kind value 
                        acceptable to the Secretary and otherwise 
                        authorized by law;
                            ``(viii) in areas subject to wetlands loss, 
                        the construction of coastal protection and 
                        enhancement projects;
                            ``(ix) contribution of resources of more 
                        than one permittee toward a single mitigation 
                        project; and
                            ``(x) other mitigation measures, including 
                        contributions of other than in-kind value 
                        referred to in clause (vii), determined by the 
                        Secretary to be appropriate in the public 
                        interest and consistent with the requirements 
                        and purposes of this Act.
                    ``(E) Limitations on requiring mitigation.--
                Notwithstanding the provisions of subparagraph (C), the 
                Secretary may determine not to impose requirements for 
                compensatory mitigation if the Secretary finds that--
                            ``(i) the adverse impacts of a permitted 
                        activity are limited;
                            ``(ii) the failure to impose compensatory 
                        mitigation requirements is compatible with 
                        maintaining wetlands functions;
                            ``(iii) no practicable and reasonable means 
                        of mitigation are available;
                            ``(iv) there is an abundance of similar 
                        significant wetlands functions and values in or 
                        near the area in which the proposed activity is 
                        to occur that will continue to serve the 
                        functions lost or degraded as a result of such 
                        activity, taking into account the impacts of 
                        such proposed activity and the cumulative 
                        impacts of similar activity in the area;
                            ``(v) the temporary character of the 
                        impacts and the use of minimization techniques 
                        make compensatory mitigation unnecessary to 
                        protect significant wetlands values; or
                            ``(vi) a waiver from requirements for 
                        compensatory mitigation is necessary to prevent 
                        special hardship.
            ``(4) Mitigation banks.--
                    ``(A) Establishment.--Not later than 6 months after 
                the date of the enactment of this subparagraph, after 
                providing notice and opportunity for public review and 
                comment, the Secretary shall issue regulations for the 
                establishment, use, maintenance, and oversight of 
                mitigation banks. The regulations shall be developed in 
                consultation with the heads of other appropriate 
                Federal agencies.
                    ``(B) Provisions and requirements.--The regulations 
                issued pursuant to subparagraph (A) shall ensure that 
                each mitigation bank--
                            ``(i) provides for the chemical, physical, 
                        and biological functions of wetlands or waters 
                        of the United States which are lost as a result 
                        of authorized adverse impacts to wetlands or 
                        other waters of the United States;
                            ``(ii) to the extent practicable and 
                        environmentally desirable, provides in-kind 
                        replacement of lost wetlands functions and be 
                        located in, or in proximity to, the same 
                        watershed or designated geographic area as the 
                        affected wetlands or waters of the United 
                        States;
                            ``(iii) be operated by a public or private 
                        entity which has the financial capability to 
                        meet the requirements of this paragraph, 
                        including the deposit of a performance bond or 
                        other appropriate demonstration of financial 
                        responsibility to support the long-term 
                        maintenance of the bank, fulfill 
                        responsibilities for long-term monitoring, 
                        maintenance, and protection, and provide for 
                        the long-term security of ownership interests 
                        of wetlands and uplands on which projects are 
                        conducted to protect the wetlands functions 
                        associated with the mitigation bank;
                            ``(iv) employ consistent and scientifically 
                        sound methods to determine debits by evaluating 
                        wetlands functions, project impacts, and 
                        duration of the impact at the sites of proposed 
                        permits for authorized activities pursuant to 
                        this section and to determine credits based on 
                        wetlands functions at the site of the 
                        mitigation bank;
                            ``(v) provide for the transfer of credits 
                        for mitigation that has been performed and for 
                        mitigation that shall be performed within a 
                        designated time in the future, provided that 
                        financial bonds shall be posted in sufficient 
                        amount to ensure that the mitigation will be 
                        performed in the case of default; and
                            ``(vi) provide opportunity for public 
                        notice of and comment on proposals for the 
                        mitigation banks; except that any process 
                        utilized by a mitigation bank to obtain a 
                        permit authorizing operations under this 
                        section before the date of the enactment of the 
                        Comprehensive Wetlands Conservation and 
                        Management Act of 1995 satisfies the 
                        requirement for such public notice and comment.
            ``(5) Procedures and deadlines for final action.--
                    ``(A) Opportunity for public comment.--Not later 
                than 15 days after receipt of an application for a 
                permit under this section, together with information 
                necessary to consider such application, the Secretary 
                shall publish notice that the application has been 
                received and shall provide opportunity for public 
                comment and, to the extent appropriate, opportunity for 
                a public hearing on the issuance of the permit.
                    ``(B) General procedures.--In the case of any 
                application for authorization to undertake activities 
                in wetlands or waters of the United States that are not 
                eligible for treatment on an expedited basis pursuant 
                to paragraph (8), final action by the Secretary shall 
                occur within 90 days following the date such 
                application is filed, unless--
                            ``(i) the Secretary and the applicant agree 
                        that such final action shall occur within a 
                        longer period of time;
                            ``(ii) the Secretary determines that an 
                        additional, specified period of time is 
                        necessary to permit the Secretary to comply 
                        with other applicable Federal law; except that 
                        if the Secretary is required under the National 
                        Environmental Policy Act of 1969 (42 U.S.C. 
                        4321 et seq.) to prepare an environmental 
                        impact statement, with respect to the 
                        application, the final action shall occur not 
                        later than 45 days following the date such 
                        statement is filed; or
                            ``(iii) the Secretary, within 15 days from 
                        the date such application is received, notifies 
                        the applicant that such application does not 
                        contain all information necessary to allow the 
                        Secretary to consider such application and 
                        identifies any necessary additional 
                        information, in which case, the provisions of 
                        subparagraph (C) shall apply.
                    ``(C) Special rule when additional information is 
                required.--Upon the receipt of a request for additional 
                information under subparagraph (B)(iii), the applicant 
                shall supply such additional information and shall 
                advise the Secretary that the application contains all 
                requested information and is therefore complete. The 
                Secretary may--
                            ``(i) within 30 days of the receipt of 
                        notice of the applicant that the application is 
                        complete, determine that the application does 
                        not contain all requested additional 
                        information and, on that basis, deny the 
                        application without prejudice to resubmission; 
                        or
                            ``(ii) within 90 days from the date that 
                        the applicant provides notification to the 
                        Secretary that the application is complete, 
                        review the application and take final action.
                    ``(D) Effect of not meeting deadline.--If the 
                Secretary fails to take final action on an application 
                under this paragraph within 90 days from the date that 
                the applicant provides notification to the Secretary 
                that such application is complete, a permit shall be 
                presumed to be granted authorizing the activities 
                proposed in such application under such terms and 
                conditions as are stated in such completed application.
            ``(6) Type c wetlands.--Activities in wetlands that have 
        been classified as type C wetlands by the Secretary may be 
        undertaken without authorization required under subsection (a) 
        of this section.
            ``(7) States with substantial conserved wetlands.--
                    ``(A) In general.--With respect to type A and type 
                B wetlands in States with substantial conserved 
                wetlands areas, at the option of the permit applicant, 
                the Secretary shall issue permits authorizing 
                activities in such wetlands pursuant to this paragraph. 
                Final action on issuance of such permits shall be in 
                accordance with the procedures and deadlines of 
                paragraph (5). The Secretary may include conditions or 
                requirements for minimization of adverse impacts to 
                wetlands functions when minimization is economically 
                practicable. No permit to which this paragraph applies 
                shall include conditions, requirements, or standards 
                for mitigation to compensate for adverse impacts to 
                wetlands or waters of the United States or conditions, 
                requirements, or standards for avoidance of adverse 
                impacts to wetlands or waters of the United States.
                    ``(B) Economic base lands.--Upon application by the 
                owner of economic base lands in a State with 
                substantial conserved wetlands areas, the Secretary 
                shall issue individual and general permits to owners of 
                such lands for activities in wetlands or waters of the 
                United States. The Secretary shall reduce the 
                requirements of subparagraph (A)--
                            ``(i) to allow economic base lands to be 
                        beneficially used to create and sustain 
                        economic activity; and
                            ``(ii) in the case of lands owned by Alaska 
                        Native entities, to reflect the social and 
                        economic needs of Alaska Natives to utilize 
                        economic base lands.
                The Secretary shall consult with and provide assistance 
                to the Alaska Natives (including Alaska Native 
                Corporations) in promulgation and administration of 
                policies and regulations under this section.
            ``(8) General permits.--
                    ``(A) General authority.--The Secretary may issue, 
                by rule in accordance with subsection (j), general 
                permits on a programmatic, State, regional, or 
                nationwide basis for any category of activities 
                involving an activity in wetlands or waters of the 
                United States if the Secretary determines that such 
                activities are similar in nature and that such 
                activities, when performed separately and cumulatively, 
                will not result in the significant loss of ecologically 
                significant wetlands values and functions.
                    ``(B) Procedures.--Permits issued under this 
                paragraph shall include procedures for expedited review 
                of eligibility for such permits (if such review is 
                required) and may include requirements for reporting 
                and mitigation. To the extent that a proposed activity 
                requires a determination by the Secretary as to the 
                eligibility to qualify for a general permit under this 
                subsection, such determination shall be made within 30 
                days of the date of submission of the application for 
                such qualification, or the application shall be treated 
                as being approved.
                    ``(C) Compensatory mitigation.--Requirements for 
                compensatory mitigation for general permits may be 
                imposed where necessary to offset the significant loss 
                or degradation of significant wetlands functions where 
                such loss or degradation is not a temporary or 
                incidental impact.
                    ``(D) Grandfather of existing general permits.--
                General permits in effect on day before the date of the 
                enactment of the Comprehensive Wetlands Conservation 
                and Management Act of 1995 shall remain in effect until 
otherwise modified by the Secretary.
                    ``(E) States with substantial conserved lands.--
                Upon application by a State or local authority in a 
                State with substantial conserved wetlands areas, the 
                Secretary shall issue a general permit applicable to 
                such authority for activities in wetlands or waters of 
                the United States. No permit issued pursuant to this 
                subparagraph shall include conditions, requirements, or 
                standards for mitigation to compensate for adverse 
                impacts to wetlands or waters of the United States or 
                shall include conditions, requirements, or standards 
                for avoidance of adverse impacts of wetlands or waters 
                of the United States.
            ``(9) Other waters of the united states.--The Secretary may 
        issue a permit authorizing activities in waters of the United 
        States (other than those classified as type A, B, or C wetlands 
        under this section) if the Secretary finds that issuance of the 
        permit is in the public interest, balancing the reasonably 
        foreseeable benefits and detriments resulting from the issuance 
        of the permit. The permit shall be subject to such terms and 
        conditions as the Secretary finds are necessary to carry out 
        the purposes of the Comprehensive Wetlands Conservation and 
        Management Act of 1995. In determining whether or not to issue 
        the permit and whether or not specific terms and conditions are 
        necessary to carry out such purposes, the Secretary shall 
        consider the factors set forth in paragraph (3)(A) as they 
        apply to nonwetlands areas and such other provisions of 
        paragraph (3) as the Secretary determines are appropriate to 
        apply to nonwetlands areas.
    ``(f) Activities not Requiring Permit.--
            ``(1) In general.--Activities undertaken in any wetlands or 
        waters of the United States are exempt from the requirements of 
        this section and are not prohibited by or otherwise subject to 
        regulation under this section or section 301 or 402 of this Act 
        (except effluent standards or prohibitions under section 307 of 
        this Act) if such activities--
                    ``(A) result from normal farming, silviculture, 
                aquaculture, and ranching activities and practices, 
                including but not limited to plowing, seeding, 
                cultivating, haying, grazing, normal maintenance 
                activities, minor drainage, burning of vegetation in 
                connection with such activities, harvesting for the 
                production of food, fiber, and forest products, or 
                upland soil and water conservation practices;
                    ``(B) are for the purpose of maintenance, including 
                emergency reconstruction of recently damaged parts, of 
                currently serviceable structures such as dikes, dams, 
                levees, flood control channels, water control 
                structures, groins, riprap, breakwaters, utility 
                distribution and transmission lines, causeways, and 
                bridge abutments or approaches, and transportation 
                structures;
                    ``(C) are for the purpose of construction or 
                maintenance of farm, stock or aquaculture ponds, 
                wastewater retention facilities (including dikes and 
                berms) that are used by concentrated animal feeding 
                operations, or irrigation canals and ditches or the 
                maintenance of drainage ditches;
                    ``(D) are for the purpose of construction of 
                temporary sedimentation basins on a construction site 
                which does not include placement of fill material into 
                the navigable waters;
                    ``(E) are for the purpose of construction or 
                maintenance of farm roads or forest roads, temporary 
                roads for moving mining equipment, access roads for 
                utility distribution and transmission lines, or 
                railroad lines of up to 10 miles in length if such 
                roads or railroad lines are constructed and maintained, 
                in accordance with best management practices, to assure 
                that flow and circulation patterns and chemical and 
                biological characteristics of the waters are not 
                impaired, that the reach of the waters is not reduced, 
                and that any adverse effect on the aquatic environment 
                will be otherwise minimized;
                    ``(F) are undertaken on farmed wetlands, except 
                that any change in use of such land for the purpose of 
                undertaking activities that are not exempt from 
                regulation under this subsection shall be subject to 
                the requirements of this section to the extent that 
                such farmed wetlands are `wetlands' under this section;
                    ``(G) result from any activity with respect to 
                which a State has an approved program under section 
                208(b)(4) of this Act which meets the requirements of 
                subparagraphs (B) and (C) of such section;
                    ``(H) are consistent with a State or local land 
                management plan submitted to the Secretary and approved 
                pursuant to paragraph (2);
                    ``(I) are undertaken in connection with a marsh 
                management and conservation program in a coastal parish 
                in the State of Louisiana where such program has been 
                approved by the Governor of such State or the designee 
                of the Governor;
                    ``(J) are undertaken on lands or involve activities 
                within a State's coastal zone which are excluded from 
                regulation under a State coastal zone management 
                program approved under the Coastal Zone Management Act 
                of 1972 (16 U.S.C. 1451, et seq.);
                    ``(K) are undertaken in incidentally created 
                wetlands, unless such incidentally created wetlands 
                have exhibited wetlands functions and values for more 
                than 5 years in which case activities undertaken in 
                such wetlands shall be subject to the requirements of 
                this section;
                    ``(L) are for the purpose of preserving and 
                enhancing aviation safety or are undertaken in order to 
                prevent an airport hazard;
                    ``(M) result from aggregate, clay, or phosphate 
                mining activities in wetlands conducted pursuant to a 
                State or Federal permit that requires the reclamation 
                of such affected wetlands if such reclamation will be 
                completed within 5 years of the commencement of 
                activities at the site and, upon completion of such 
                reclamation, the wetlands will support wetlands 
                functions equivalent to the functions supported by the 
                wetlands at the time of commencement of such 
                activities;
                    ``(N) are for the placement of a structural member 
                for a pile-supported structure, such as a pier or dock, 
                or for a linear project such as a bridge, transmission 
                or distribution line footing, powerline structure, or 
                elevated or other walkway;
                    ``(O) are for the placement of a piling in waters 
                of the United States in a circumstance that involves--
                            ``(i) a linear project described in 
                        subparagraph (N); or
                            ``(ii) a structure such as a pier, 
                        boathouse, wharf, marina, lighthouse, or 
                        individual house built on stilts solely to 
                        reduce the potential of flooding;
                    ``(P) are for the clearing (including mechanized 
                clearing) of vegetation within a right-of-way 
                associated with the development and maintenance of a 
                transmission or distribution line or other powerline 
                structure;
                    ``(Q) are undertaken in or affecting waterfilled 
                depressions created in uplands incidental to 
                construction activity, or are undertaken in or 
                affecting pits excavated in uplands for the purpose of 
                obtaining fill, sand, gravel, aggregates, or minerals, 
                unless and until the construction or excavation 
                operation is abandoned; or
                    ``(R) are undertaken in a State with substantial 
                conserved wetlands areas and--
                            ``(i) are for purposes of providing 
                        critical infrastructure, including water and 
                        sewer systems, airports, roads, communication 
                        sites, fuel storage sites, landfills, housing, 
                        hospitals, medical clinics, schools, and other 
                        community infrastructure;
                            ``(ii) are for construction and maintenance 
                        of log transfer facilities associated with log 
                        transportation activities;
                            ``(iii) are for construction of tailings 
                        impoundments utilized for treatment facilities 
                        (as determined by the development document) for 
                        the mining subcategory for which the tailings 
                        impoundment is constructed; or
                            ``(iv) are for construction of ice pads and 
                        ice roads and for purposes of snow storage and 
                        removal.
            ``(2) State or local management plan.--Any State or 
        political subdivision thereof acting pursuant to State 
        authorization may develop a land management plan with respect 
        to lands that include identified wetlands. The State or local 
        government agency may submit any such plan to the Secretary for 
        review and approval. The Secretary shall, within 60 days, 
        notify in writing the designated State or local official of 
        approval or disapproval of any such plan. The Secretary shall 
        approve any plan that is consistent with the purposes of this 
        section. No person shall be entitled to judicial review of the 
        decision of the Secretary to approve or disapprove a land 
        management plan under this paragraph. Nothing in this paragraph 
        shall be construed to alter, limit, or supersede the authority 
        of a State or political subdivision thereof to establish land 
        management plans for purposes other than the provisions of this 
        subsection.
    ``(g) Rules for Delineating Wetlands.--
            ``(1) Standards.--
                    ``(A) Issuance of rule.--The Secretary is 
                authorized and directed to establish standards, by rule 
                in accordance with subsection (j), that shall govern 
                the delineation of lands as `wetlands' for purposes of 
                this section. Such rules shall be established after 
                consultation with the heads of other appropriate 
                Federal agencies and shall be binding on all Federal 
                agencies in connection with the administration or 
                implementation of any provision of this section. The 
                standards for delineation of wetlands and any decision 
                of the Secretary, the Secretary of Agriculture (in the 
                case of agricultural lands and associated 
                nonagricultural lands), or any other Federal officer or 
                agency made in connection with the administration of 
                this section shall comply with the requirements for 
                delineation of wetlands set forth in subparagraphs (B) 
                and (C).
                    ``(B) Exceptions.--The standards established by 
                rule or applied in any case for purposes of this 
                section shall ensure that lands are delineated as 
                wetlands only if such lands are found to be `wetlands' 
                under section 502 of this Act; except that such 
                standards may not--
                            ``(i) result in the delineation of lands as 
                        wetlands unless clear evidence of wetlands 
                        hydrology, hydrophytic vegetation, and hydric 
                        soil are found to be present during the period 
                        in which such delineation is made, which 
                        delineation shall be conducted during the 
                        growing season unless otherwise requested by 
                        the applicant;
                            ``(ii) result in the classification of 
                        vegetation as hydrophytic if such vegetation is 
                        equally adapted to dry or wet soil conditions 
                        or is more typically adapted to dry soil 
                        conditions than to wet soil conditions;
                            ``(iii) result in the classification of 
                        lands as wetlands unless some obligate wetlands 
                        vegetation is found to be present during the 
                        period of delineation; except that if such 
                        vegetation has been removed for the purpose of 
                        evading jurisdiction under this section, this 
                        clause shall not apply;
                            ``(iv) result in the conclusion that 
                        wetlands hydrology is present unless water is 
                        found to be present at the surface of such 
                        lands for 21 consecutive days in the growing 
                        seasons in a majority of the years for which 
                        records are available; and
                            ``(v) result in the classification of lands 
                        as wetlands that are temporarily or 
                        incidentally created as a result of adjacent 
                        development activity.
                    ``(C) Normal circumstances.--In addition to the 
                requirements of subparagraph (B), any standards 
                established by rule or applied to delineate wetlands 
                for purposes of this section shall provide that `normal 
                circumstances' shall be determined on the basis of the 
                factual circumstances in existence at the time a 
                classification is made under subsection (h) or at the 
                time of application under subsection (e), whichever is 
                applicable, if such circumstances have not been altered 
by an activity prohibited under this section.
            ``(2) Land area cap for type a wetlands.--No more than 20 
        percent of any county, parish, or borough shall be classified 
        as type A wetlands. Type A wetlands in Federal or State 
        ownership (including type A wetlands in units of the National 
        Wildlife Refuge System, the National Park System, and lands 
        held in conservation easements) shall be included in 
        calculating the percent of type A wetlands in a county, parish, 
        or borough.
            ``(3) Agricultural lands.--
                    ``(A) Delineation by secretary of agriculture.--For 
                purposes of this section, wetlands located on 
                agricultural lands and associated nonagricultural lands 
                shall be delineated solely by the Secretary of 
                Agriculture in accordance with section 1222(j) of the 
                Food Security Act of 1985 (16 U.S.C. 3822(j)).
                    ``(B) Exemption of lands exempted under food 
                security act.--Any area of agricultural land or any 
                activities related to the land determined to be exempt 
                from the requirements of subtitle C of title XII of the 
                Food Security Act of 1985 (16 U.S.C. 3821 et seq.) 
                shall also be exempt from the requirements of this 
                section for such period of time as those lands are used 
                as agricultural lands.
                    ``(C) Effect of appeal determination pursuant to 
                food security act.--Any area of agricultural land or 
                any activities related to the land determined to be 
                exempt pursuant to an appeal taken pursuant to subtitle 
                C of title XII of the Food Security Act of 1985 (16 
                U.S.C. 3821 et seq.) shall be exempt under this section 
                for such period of time as those lands are used as 
                agricultural lands.
    ``(h) Mapping and Public Notice Requirements.--
            ``(1) Provision of public notice.--
                    ``(A) In general.--Not later than 90 days after the 
                date of the enactment of the Comprehensive Wetlands 
                Conservation and Management Act of 1995, the Secretary 
                shall provide the court of each county, parish, or 
                borough in which the wetland subject to classification 
                under subsection (c) is located, a notice for posting 
                near the property records of the county, parish, or 
                borough. The notice shall--
                            ``(i) state that wetlands regulated under 
                        this section may be located in the county, 
                        parish, or borough;
                            ``(ii) provide an explanation 
                        understandable to the general public of how 
                        wetlands are delineated and classified;
                            ``(iii) describe the requirements and 
                        restrictions of the regulatory program under 
                        this section; and
                            ``(iv) provide instructions on how to 
                        obtain a delineation and classification of 
                        wetlands under this section.
            ``(2) Provision of delineation determinations.--On 
        completion under this section of a delineation and 
        classification of property that contains wetlands or a 
        delineation of property that contains waters of the United 
        States that are not wetlands, the Secretary of Agriculture, in 
        the case of wetlands located on agricultural lands and 
        associated nonagricultural lands, and the Secretary, in the 
        case of other lands, shall--
                    ``(A) file a copy of the delineation, including the 
                classification of any wetland located on the property, 
                with the records of the property in the local 
                courthouse; and
                    ``(B) serve a copy of the delineation determination 
                on every owner of the property on record and any person 
                with a recorded mortgage or lien on the property.
            ``(3) Notice of enforcement actions.--The Secretary shall 
        file notice of each enforcement action under this section taken 
        with respect to private property with the records of the 
        property in the local courthouse.
            ``(4) Wetlands identification and classification project.--
                    ``(A) In general.--The Secretary and the Secretary 
                of Agriculture shall undertake a project to identify 
                and classify wetlands in the United States that are 
                regulated under this section. The Secretaries shall 
                complete such project not later than 10 years after the 
                date of the enactment of the Comprehensive Wetlands 
                Conservation and Management Act of 1995.
                    ``(B) Applicability of delineation standards.--In 
                conducting the project under this section, the 
                Secretaries shall identify and classify wetlands in 
                accordance with standards for delineation of wetlands 
                established by the Secretaries under subsection (g).
                    ``(C) Public hearings.--In conducting the project 
                under this section, the Secretaries shall provide 
                notice and an opportunity for a public hearing in each 
                county, parish or borough of a State before completion 
                of identification and classification of wetlands in 
                such county, parish, or borough.
                    ``(D) Publication.--Promptly after completion of 
                identification and classification of wetlands in a 
                county, parish, or borough under this section, the 
                Secretaries shall have published information on such 
                identification and classification in the Federal 
                Register and in publications of wide circulation and 
                take other steps reasonably necessary to ensure that 
                such information is available to the public.
                    ``(E) Reports.--The Secretaries shall report to 
                Congress on implementation of the project to be 
                conducted under this section not later than 2 years 
                after the date of the enactment of the Comprehensive 
                Wetlands Conservation and Management Act of 1995 and 
                annually thereafter.
                    ``(F) Recordation.--Any classification of lands as 
                wetlands under this section shall, to the maximum 
                extent practicable, be recorded on the property records 
                in the county, parish, or borough in which such 
                wetlands are located.
    ``(i) Administrative Appeals.--
            ``(1) Regulations establishing procedures.--Not later than 
        1 year after the date of the enactment of the Comprehensive 
        Wetlands Conservation and Management Act of 1995, the Secretary 
        shall, after providing notice and opportunity for public 
        comment, issue regulations establishing procedures pursuant to 
        which--
                    ``(A) a landowner may appeal a determination of 
                regulatory jurisdiction under this section with respect 
                to a parcel of the landowner's property;
                    ``(B) a landowner may appeal a wetlands 
                classification under this section with respect to a 
                parcel of the landowner's property;
                    ``(C) any person may appeal a determination that 
                the proposed activity on the landowner's property is 
                not exempt under subsection (f);
                    ``(D) a landowner may appeal a determination that 
                an activity on the landowner's property does not 
                qualify under a general permit issued under this 
                section;
                    ``(E) an applicant for a permit under this section 
                may appeal a determination made pursuant to this 
                section to deny issuance of the permit or to impose a 
                requirement under the permit; and
                    ``(F) a landowner or any other person required to 
                restore or otherwise alter a parcel of property 
                pursuant to an order issued under this section may 
                appeal such order.
            ``(2) Deadline for filing appeal.--An appeal brought 
        pursuant to this subsection shall be filed not later than 30 
        days after the date on which the decision or action on which 
        the appeal is based occurs.
            ``(3) Deadline for decision.--An appeal brought pursuant to 
        this subsection shall be decided not later than 90 days after 
        the date on which the appeal is filed.
            ``(4) Participation in appeals process.--Any person who 
        participated in the public comment process concerning a 
        decision or action that is the subject of an appeal brought 
        pursuant to this subsection may participate in such appeal.
            ``(5) Decisionmaker.--An appeal brought pursuant to this 
        subsection shall be heard and decided by an appropriate and 
        impartial official of the Federal Government, other than the 
        official who made the determination or carried out the action 
        that is the subject of the appeal.
            ``(6) Stay of penalties and mitigation.--A landowner or any 
        other person who has filed an appeal under this subsection 
        shall not be required to pay a penalty or perform mitigation or 
        restoration assessed under this section or section 309 until 
        after the appeal has been decided.
    ``(j) Administrative Provisions.--
            ``(1) Final regulations for issuance of permits.--Not later 
        than 1 year after the date of the enactment of the 
        Comprehensive Wetlands Conservation and Management Act of 1995, 
        the Secretary shall, after notice and opportunity for comment, 
        issue (in accordance with section 553 of title 5 of the United 
        States Code and this section) final regulations for 
        implementation of this section. Such regulations shall, in 
        accordance with this section, provide--
                    ``(A) standards and procedures for the 
                classification and delineation of wetlands and 
                procedures for administrative review of any such 
                classification or delineation;
                    ``(B) standards and procedures for the review of 
                State or local land management plans and State programs 
                for the regulation of wetlands;
                    ``(C) for the issuance of general, including 
                programmatic, State, regional, and nationwide permits;
                    ``(D) standards and procedures for the individual 
                permit applications under this section;
                    ``(E) for enforcement of this section; and
                    ``(F) any other rules and regulations that the 
                Secretary deems necessary or appropriate to implement 
                the requirements of this section.
            ``(2) Judicial review of final regulations.--Any judicial 
        review of final regulations issued pursuant to this section and 
        the Secretary's denial of any petition for the issuance, 
        amendment, or repeal of any regulation under this section shall 
        be in accordance with sections 701 through 706 of title 5 of 
        the United States Code; except that a petition for review of 
        action of the Secretary in issuing any regulation or 
        requirement under this section or denying any petition for the 
        issuance, amendment, or repeal of any regulation under this 
        section may be filed only in the United States Court of Appeals 
        for the District of Columbia, and such petition shall be filed 
        within 90 days from the date of such issuance or denial or 
        after such date if such petition for review is based solely on 
        grounds arising after such ninetieth day. Action of the 
        Secretary with respect to which review could have been obtained 
        under this subsection shall not be subject to judicial review 
        in civil or criminal proceedings for enforcement.
            ``(3) Interim regulations.--The Secretary shall, within 90 
        days after the date of the enactment of the Comprehensive 
        Wetlands Conservation and Management Act of 1995, issue interim 
        regulations consistent with this section to take effect 
        immediately. Notice of the interim regulations shall be 
        published in the Federal Register, and such regulations shall 
        be binding until the issuance of final regulations pursuant to 
        paragraph (1); except that the Secretary shall provide adequate 
        procedures for waiver of any provisions of such interim 
        regulations to avoid special hardship, inequity, or unfair 
        distribution of burdens or to advance the purposes of this 
        section.
            ``(4) Administration by secretary.--Except where otherwise 
        expressly provided in this section, the Secretary shall 
        administer this section. The Secretary or any other Federal 
        officer or agency in which any function under this section is 
        vested or delegated is authorized to perform any and all acts 
        (including appropriate enforcement activity), and to prescribe, 
        issue, amend, or rescind such rules or orders as such officer 
        or agency may find necessary or appropriate with this 
        subsection, subject to the requirements of this subsection.
    ``(k) Enforcement.--
            ``(1) Compliance order.--Whenever, on the basis of reliable 
        and substantial information and after reasonable inquiry, the 
        Secretary finds that any person is or may be in violation of 
        this section or of any condition or limitation set forth in a 
        permit issued by the Secretary under this section, the 
        Secretary shall issue an order requiring such persons to comply 
        with this section or with such condition or limitation.
            ``(2) Notice and other procedural requirements relating to 
        orders.--A copy of any order issued under this subsection shall 
        be sent immediately by the Secretary to the Governor of the 
        State in which the violation occurs and the Governors of other 
        affected States. The person committing the asserted violation 
        that results in issuance of the order shall be notified of the 
        issuance of the order by personal service made to the 
        appropriate person or corporate officer. The notice shall state 
        with reasonable specificity the nature of the asserted 
        violation and specify a time for compliance, not to exceed 30 
        days, which the Secretary determines is reasonable taking into 
        account the seriousness of the asserted violation and any good 
        faith efforts to comply with applicable requirements. If the 
        person receiving the notice disputes the Secretary's 
        determination, the person may file an appeal as provided in 
        subsection (i). Within 60 days of a decision which denies an 
        appeal, or within 150 days from the date of notification of 
        violation by the Secretary if no appeal is filed, the Secretary 
        shall prosecute a civil action in accordance with paragraph (3) 
        or rescind such order and be estopped from any further 
        enforcement proceedings for the same asserted violation.
            ``(3) Civil action enforcement.--The Secretary is 
        authorized to commence a civil action for appropriate relief, 
        including a permanent or temporary injunction, for any 
        violation for which the Secretary is authorized to issue a 
        compliance order under paragraph (1). Any action under this 
        paragraph may be brought in the district court of the United 
        States for the district in which the defendant is located or 
        resides or is doing business, and such court shall have 
        jurisdiction to restrain such violation and to require 
        compliance. Notice of the commencement of such action shall be 
        given immediately to the appropriate State.
            ``(4) Civil penalties.--Any person who violates any 
        condition or limitation in a permit issued by the Secretary 
        under this section and any person who violates any order issued 
        by the Secretary under paragraph (1) shall be subject to a 
        civil penalty not to exceed $25,000 per day for each violation 
        commencing on expiration of the compliance period if no appeal 
        is filed or on the 30th day following the date of the denial of 
        an appeal of such violation. The amount of the penalty imposed 
        per day shall be in proportion to the scale or scope of the 
        project. In determining the amount of a civil penalty, the 
        court shall consider the seriousness of the violation or 
        violations, the economic benefit (if any) resulting from the 
        violation, any history of such violations, any good-faith 
        efforts to comply with the applicable requirements, the 
        economic impact of the penalty on the violator, and such other 
        matters as justice may require.
            ``(5) Criminal penalties.--If any person knowingly and 
        willfully violates any condition or limitation in a permit 
        issued by the Secretary under this section or knowingly and 
        willfully violates an order issued by the Secretary under 
        paragraph (1) and has been notified of the issuance of such 
        order under paragraph (2) and if such violation has resulted in 
        actual degradation of the environment, such person shall be 
        punished by a fine of not less than $5,000 nor more than 
        $50,000 per day of violation, or by imprisonment for not more 
        than 3 years, or by both. If a conviction of a person is for a 
        violation committed after a first conviction of such person 
        under this paragraph, punishment shall be by a fine of not more 
        than $100,000 per day of violation, or imprisonment of not more 
        than 6 years, or by both. An action for imposition of a 
        criminal penalty under this paragraph may only be brought by 
        the Attorney General.
    ``(l) State Regulation.--
            ``(1) Submission of proposed state program.--The Governor 
        of any State desiring to administer its own individual or 
        general permit program for some or all of the activities 
        covered by this section within any geographical region within 
        its jurisdiction may submit to the Secretary a description of 
        the program it proposes to establish and administer under State 
        law or under an interstate compact. In addition, such State 
        shall submit a statement from the chief legal officer in the 
        case of the State or interstate agency, that the laws of such 
        State, or the interstate compact, as the case may be, provide 
        adequate authority to carry out the described program.
            ``(2) State authorities required for approval.--Not later 
        than 1 year after the date of the receipt by the Secretary of a 
        program and statement submitted by any State under paragraph 
        (1), the Secretary shall determine whether such State has the 
        following authority with respect to the issuance of permits 
        pursuant to such program:
                    ``(A) to issue permits which--
                            ``(i) apply, and assure compliance with, 
                        any applicable requirements of this section; 
                        and
                            ``(ii) can be terminated or modified for 
                        cause, including--
                                    ``(I) violation of any condition of 
                                the permit;
                                    ``(II) obtaining a permit by 
                                misrepresentation, or failure to 
                                disclose fully all relevant facts; or
                                    ``(III) change in any condition 
                                that requires either a temporary or 
                                permanent reduction or elimination of 
                                the permitted activity;
                    ``(B) to issue permits which apply, and ensure 
                compliance with, all applicable requirements of section 
                308 of this Act or to inspect, monitor, enter, and 
                require reports to at least the same extent as required 
                in section 308 of this Act;
                    ``(C) to ensure that the public, and any other 
                State the waters of which may be affected, receive 
                notice of each application for a permit and to provide 
                an opportunity for public hearing before a ruling on 
                each such application;
                    ``(D) to ensure that the Secretary receives notice 
                of each application for a permit and that, prior to any 
                action by the State, both the applicant for the permit 
                and the State have received from the Secretary 
                information with respect to any advance classification 
                applicable to wetlands that are the subject of such 
                application;
                    ``(E) to ensure that any State (other than the 
                permitting State) whose waters may be affected by the 
                issuance of a permit may submit written recommendation 
                to the permitting State with respect to any permit 
                application and, if any part of such written 
                recommendations are not accepted by the permitting 
                State, that the permitting State will notify such 
                affected State (and the Secretary) in writing of its 
                failure to so accept such recommendations together with 
                its reasons for doing so; and
                    ``(F) to abate violations of the permit or the 
                permit program, including civil and criminal penalties 
                and other ways and means of enforcement.
            ``(3) Approval; resubmission.--If, with respect to a State 
        program submitted under paragraph (1) of this section, the 
        Secretary determines that the State--
                    ``(A) has the authority set forth in paragraph (2), 
                the Secretary shall approve the program and so notify 
                such State and suspend the issuance of permits under 
                subsection (b) for activities with respect to which a 
                permit may be issued pursuant to the State program; or
                    ``(B) does not have the authority set forth in 
                paragraph (2) of this subsection, the Secretary shall 
                so notify such State and provide a description of the 
                revisions or modifications necessary so that the State 
                may resubmit the program for a determination by the 
                Secretary under this subsection.
            ``(4) Effect of failure of secretary to make timely 
        decision.--If the Secretary fails to make a determination with 
        respect to any program submitted by a State under this 
        subsection within 1 year after the date of receipt of the 
        program, the program shall be treated as being approved 
        pursuant to paragraph (3)(A) and the Secretary shall so notify 
        the State and suspend the issuance of permits under subsection 
        (b) for activities with respect to which a permit may be issued 
        by the State.
            ``(5) Transfer of pending applications for permits.--If the 
        Secretary approves a State permit program under paragraph 
        (3)(A) or (4), the Secretary shall transfer any applications 
        for permits pending before the Secretary for activities with 
        respect to which a permit may be issued pursuant to the State 
        program to the State for appropriate action.
            ``(6) General permits.--Upon notification from a State with 
        a permit program approved under this subsection that such State 
        intends to administer and enforce the terms and conditions of a 
        general permit issued by the Secretary under subsection (e) 
        with respect to activities in the State to which such general 
        permit applies, the Secretary shall suspend the administration 
        and enforcement of such general permit with respect to such 
        activities.
            ``(7) Review by secretary.--Every 5 years after approval of 
        a State administered program under paragraph (3)(A), the 
        Secretary shall review the program to determine whether it is 
        being administered in accordance with this section. If, on the 
        basis of such review, the Secretary finds that a State is not 
administering its program in accordance with this section or if the 
Secretary determines based on clear and convincing evidence after a 
public hearing that a State is not administering its program in 
accordance with this section and that substantial adverse impacts to 
wetlands or waters of the United States are imminent, the Secretary 
shall notify the State and, if appropriate corrective action is not 
taken within a reasonable time, not to exceed 90 days after the date of 
the receipt of such notification, the Secretary shall--
                    ``(A) withdraw approval of the program until the 
                Secretary determines such corrective action has been 
                taken; and
                    ``(B) resume the program for the issuance of 
                permits under subsections (b) and (e) for all 
                activities with respect to which the State was issuing 
                permits until such time as the Secretary makes the 
                determination described in paragraph (2) and the State 
                again has an approved program.
    ``(m) Miscellaneous Provisions.--
            ``(1) State authority to control discharges.--Nothing in 
        this section shall preclude or deny the right of any State or 
        interstate agency to control activities in waters within the 
        jurisdiction of such State, including any activity of any 
        Federal agency, and each such agency shall comply with such 
        State or interstate requirements both substantive and 
        procedural to control such activities to the same extent that 
        any person is subject to such requirements. This section shall 
        not be construed as affecting or impairing the authority of the 
        Secretary to maintain navigation.
            ``(2) Availability to public.--A copy of each permit 
        application and each permit issued under this section shall be 
        available to the public. Such permit application or portion 
        thereof shall further be available on request for the purpose 
        of reproduction.
            ``(3) Publication in federal register.--The Secretary shall 
        have published in the Federal Register all memoranda of 
        agreement, regulatory guidance letters, and other guidance 
        documents of general applicability to implementation of this 
        section at the time they are distributed to agency regional or 
        field offices. In addition, the Secretary shall prepare, update 
        on a biennial basis and make available to the public for 
        purchase at cost--
                    ``(A) an indexed publication containing all Federal 
                regulations, general permits, memoranda of agreement, 
                regulatory guidance letters, and other guidance 
                documents relevant to the permitting of activities 
                pursuant to this section; and
                    ``(B) information to enable the general public to 
                understand the delineation of wetlands, the permitting 
                requirements referred to in subsection (e), wetlands 
                restoration and enhancement, wetlands functions, 
                available nonregulatory programs to conserve and 
                restore wetlands, and other matters that the Secretary 
                considers relevant.
            ``(4) Compliance.--
                    ``(A) Compliance with permit.--Compliance with a 
                permit issued pursuant to this section, including any 
                activity carried out pursuant to a general permit 
                issued under this section, shall be deemed in 
                compliance, for purposes of sections 309 and 505, with 
                sections 301, 307, and 403.
                    ``(B) Cranberry production.--Activities associated 
                with expansion, improvement, or modification of 
                existing cranberry production operations shall be 
                deemed in compliance, for purposes of sections 309 and 
                505, with section 301, if--
                            ``(i) the activity does not result in the 
                        modification of more than 10 acres of wetlands 
                        per operator per year and the modified wetlands 
                        (other than where dikes and other necessary 
                        facilities are placed) remain as wetlands or 
                        other waters of the United States; or
                            ``(ii) the activity is required by any 
                        State or Federal water quality program.
            ``(5) Limitation on fees.--Any fee charged in connection 
        with the delineation or classification of wetlands, the 
        submission or processing of an application for a permit 
        authorizing an activity in wetlands or waters of the United 
        States, or any other action taken in compliance with the 
        requirements of this section (other than fines for violations 
        under subsection (k)) shall not exceed the amount in effect for 
        such fee on February 15, 1995.
            ``(6) Balanced implementation.--
                    ``(A) In general.--In implementing his or her 
                responsibilities under the regulatory program under 
                this section, the Secretary shall balance the objective 
                of conserving functioning wetlands with the objective 
of ensuring continued economic growth, providing essential 
infrastructure, maintaining strong State and local tax bases, and 
protecting against the diminishment of the use and value of privately 
owned property.
                    ``(B) Minimization of adverse effects on private 
                property.--In carrying out this section, the Secretary 
                and the heads of all other Federal agencies shall seek 
                in all actions to minimize the adverse effects of the 
                regulatory program under this section on the use and 
                value of privately owned property.
            ``(7) Procedures for emergencies.--The Secretary shall 
        develop procedures for facilitating actions under this section 
        that are necessary to respond to emergency conditions 
        (including flood events and other emergency situations) which 
        may involve loss of life and property damage. Such procedures 
        shall address circumstances requiring expedited approvals as 
        well as circumstances requiring no formal approval under this 
        section.
            ``(8) Use of property.--For purposes of this section, a use 
        of property is limited by an agency action if a particular 
        legal right to use that property no longer exists because of 
        the action.
            ``(9) Limitation on classification of certain waters.--For 
        purposes of this section, no water of the United States or 
        wetland shall be subject to this section based solely on the 
        fact that migratory birds use or could use such water or 
        wetland.
            ``(10) Transition rules.--
                    ``(A) Permit required.--After the effective date of 
                this section under section 6 of the Comprehensive 
                Wetlands Conservation and Management Act of 1995, no 
                permit for any activity in wetlands or waters of the 
                United States may be issued except in accordance with 
                this section. Any application for a permit for such an 
                activity pending under this section on such effective 
                date shall be deemed to be an application for a permit 
                under this section.
                    ``(B) Prior permits.--Any permit for an activity in 
                wetlands or waters of the United States issued under 
                this section prior to the effective date referred to in 
                subparagraph (A) shall be deemed to be a permit under 
                this section and shall continue in force and effect for 
                the term of the permit unless revoked, modified, 
                suspended, or canceled in accordance with this section.
                    ``(C) Reevaluation.--Any person holding a permit 
                for an activity in wetlands or water of the United 
                States on the effective date referred to in 
                subparagraph (A) may petition, after such effective 
                date, the Secretary for reevaluation of any decision 
                made before such effective date concerning (i) a 
                determination of regulatory jurisdiction under this 
                section, or (ii) any condition imposed under the 
                permit. Upon receipt of a petition for reevaluation, 
                the Secretary shall conduct the reevaluation in 
                accordance with the provisions of this section. If the 
                Secretary finds that the provisions of this section 
                apply with respect to activities and lands which are 
                subject to the permit, the Secretary shall modify, 
                revoke, suspend, cancel, or continue the permit as 
                appropriate in accordance with the provisions of this 
                section; except that no compensation shall be awarded 
                under this section to any person as a result of 
                reevaluation pursuant to this subparagraph and, if the 
                permit covers activities in type A wetlands, the permit 
                shall continue in effect without modification. The 
reevaluation shall be carried out in accordance with time limits set 
forth in subsection (e)(5) and shall be subject to administrative 
appeal under subsection (i).
            ``(11) Definitions.--In this section the following 
        definitions apply:
                    ``(A) Activity in wetlands or waters of the united 
                states.--The term `activity in wetlands or waters of 
                the United States' means--
                            ``(i) the discharge of dredged or fill 
                        material into waters of the United States, 
                        including wetlands at a specific disposal site; 
                        or
                            ``(ii) the draining, channelization, or 
                        excavation of wetlands.
                    ``(B) Agency.--The term `agency' has the meaning 
                given that term in section 551 of title 5, United 
                States Code.
                    ``(C) Agency action.--The term `agency action' has 
                the meaning given that term in section 551 of title 5, 
                United States Code, but also includes the making of a 
                grant to a public authority conditioned upon an action 
                by the recipient that would constitute a limitation if 
                done directly by the agency.
                    ``(D) Agricultural land.--The term `agricultural 
                land' means cropland, pastureland, native pasture, 
                rangeland, an orchard, a vineyard, nonindustrial forest 
                land, an area that supports a water dependent crop 
                (including cranberries, taro, watercress, or rice), and 
                any other land used to produce or support the 
                production of an annual or perennial crop (including 
                forage or hay), aquaculture product, nursery product, 
                or wetland crop or the production of livestock.
                    ``(E) Conserved wetlands.--The term `conserved 
                wetlands' means wetlands that are located in the 
                National Park System, National Wildlife Refuge System, 
                National Wilderness System, the Wild and Scenic River 
                System, and other similar Federal conservation systems, 
                combined with wetlands located in comparable types of 
                conservation systems established under State and local 
                authority within State and local land use systems.
                    ``(F) Economic base lands.--The term `economic base 
                lands' means lands conveyed to, selected by, or owned 
                by Alaska Native entities pursuant to the Alaska Native 
                Claims Settlement Act, Public Law 92-203 or the Alaska 
                Native Allotment Act of 1906 (34 Stat. 197), and lands 
                conveyed to, selected by, or owned by the State of 
                Alaska pursuant to the Alaska Statehood Act, Public Law 
                85-508.
                    ``(G) Fair market value.--The term `fair market 
                value' means the most probable price at which property 
                would change hands, in a competitive and open market 
                under all conditions requisite to a fair sale, between 
                a willing buyer and a willing seller, neither being 
                under any compulsion to buy or sell and both having 
                reasonable knowledge of relevant facts, at the time the 
                agency action occurs.
                    ``(H) Law of a state.--The term `law of a State' 
                includes the law of a political subdivision of a State.
                    ``(I) Mitigation bank.--The term `mitigation bank' 
                means a wetlands restoration, creation, enhancement, or 
                preservation project undertaken by one or more parties, 
                including private and public entities, expressly for 
                the purpose of providing mitigation compensation 
                credits to offset adverse impacts to wetlands or other 
                waters of the United States authorized by the terms of 
                permits allowing discharges of dredged or fill material 
                into such wetlands or waters.
                    ``(J) Property.--The term `property' means land and 
                includes the right to use or receive water.
                    ``(K) Secretary.--The term `Secretary' means the 
                Secretary of the Army.
                    ``(L) State with substantial conserved wetlands 
                areas.--The term `State with substantial conserved 
                wetlands areas' means any State which--
                            ``(i) contains at least 10 areas of 
                        wetlands for each acre of wetlands filled, 
                        drained, or otherwise converted within such 
                        State (based upon wetlands loss statistics 
                        reported in the 1990 United States Fish and 
                        Wildlife Service Wetlands Trends report to 
                        Congress entitled `Wetlands Losses in the 
                        United States 1780's to 1980's'); or
                            ``(ii) the Secretary of the Army determines 
                        has sufficient conserved wetlands areas to 
                        provided adequate wetlands conservation in such 
                        State, based on the policies set forth in this 
                        Act.
                    ``(M) Wetlands.--The term `wetlands' means those 
                lands that meet the criteria for delineation of lands 
                as wetlands set forth in subsection (g).''.

SEC. 4. DEFINITIONS.

    Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 
1362) is further amended--
            (1) in paragraph (6)--
                    (A) by striking ``dredged spoil,'';
                    (B) by striking ``or (B)'' and inserting ``(B)''; 
                and
                    (C) by inserting before the period at the end ``; 
                and (C) dredged or fill material''; and
            (2) by adding at the end thereof the following new 
        paragraphs:
    ``(21) The term `wetlands' means lands which have a predominance of 
hydric soils and which are inundated by surface water at a frequency 
and duration sufficient to support, and that under normal circumstances 
do support, a prevalence of vegetation typically adapted for life in 
saturated soil conditions. Wetlands generally include swamps, marshes, 
bogs, and similar areas.
    ``(22) The term `creation of wetlands' means an activity that 
brings a wetland into existence at a site where it did not formerly 
occur for the purpose of compensation.
    ``(23) The term `enhancement of wetlands' means any activity that 
increases the value of one or more functions in existing wetlands.
    ``(24) The term `fastlands' means lands located behind legally 
constituted man-made structures or natural formations, such as levees 
constructed and maintained to permit the utilization of such lands for 
commercial, industrial, or residential purposes consistent with local 
land use planning requirements.
    ``(25) The term `wetlands functions' means the roles wetlands 
serve, including flood water storage, flood water conveyance, ground 
water recharge, erosion control, wave attenuation, water quality 
protection, scenic and aesthetic use, food chain support, fisheries, 
wetlands plant habitat, aquatic habitat, and habitat for wetland 
dependent wildlife.
    ``(26) The term `growing season' means, for each plant hardiness 
zone, the period between the average date of last frost in spring and 
the average date of first frost in autumn.
    ``(27) The term `incidentally created wetlands' means lands that 
exhibit wetlands characteristics sufficient to meet the criteria for 
delineation of wetlands, where one or more of such characteristics is 
the unintended result of human induced alterations of hydrology.
    ``(28) The term `maintenance' when used in reference to wetlands 
means activities undertaken to assure continuation of a wetland or the 
accomplishment of project goals after a restoration or creation project 
has been technically completed, including water level manipulations and 
control of nonnative plant species.
    ``(29) The term `mitigation banking' means wetlands restoration, 
enhancement, preservation or creation for the purpose of providing 
compensation for wetland degradation or loss.
    ``(30) The term `normal farming, silviculture, aquaculture and 
ranching activities' means normal practices identified as such by the 
Secretary of Agriculture, in consultation with the Cooperative 
Extension Service for each State and the land grant university system 
and agricultural colleges of the State, taking into account existing 
practices and such other practices as may be identified in consultation 
with the affected industry or community.
    ``(31) The term `prior converted cropland' means any agricultural 
land that was manipulated (by drainage or other physical alteration to 
remove excess water from the land) or used for the production of any 
annual or perennial agricultural crop (including forage or hay), 
aquacultural product, nursery product or wetlands crop, or the 
production of livestock before December 23, 1985.
    ``(32) The term `restoration' in reference to wetlands means an 
activity undertaken to return a wetland from a disturbed or altered 
condition with lesser acreage or fewer functions to a previous 
condition with greater wetlands acreage or functions.
    ``(33) The term `temporary impact' means the disturbance or 
alteration of wetlands caused by activities under circumstances in 
which, within 3 years following the commencement of such activities, 
such wetlands--
            ``(A) are returned to the conditions in existence prior to 
        the commencement of such activity; or
            ``(B) display conditions sufficient to ensure, that without 
        further human action, such wetlands will return to the 
        conditions in existence prior to the commencement of such 
        activity.
    ``(34) The term `airport hazard' has the meaning such term has 
under section 47102 of title 49, United States Code.''.

SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Violation.--Section 301(a) of the Federal Water Pollution 
Control Act (33 U.S.C. 1311(a)) is amended--
            (1) by striking ``402, and 404'' and inserting ``and 402''; 
        and
            (2) by adding at the end the following: ``Except as in 
        compliance with this section and section 404, the undertaking 
        of any activity in wetlands or waters of the United States 
        shall be unlawful.''.
    (b) Federal Enforcement.--Section 309 of the Federal Water 
Pollution Control Act (33 U.S.C. 1319) is amended--
            (1) in subsection (a)(1) by striking ``or 404'';
            (2) in subsection (a)(3) by striking ``or in a permit 
        issued under section 404 of this title by a State'';
            (3) in each of subsections (c)(1)(A) and (c)(2)(A) by 
        striking ``or in a permit'' and all that follows through 
        ``State;'' and inserting a semicolon;
            (4) in subsection (c)(3)(A) by striking ``or in a permit'' 
        and all that follows through ``State, and'' and inserting 
        ``and'';
            (5) by adding at the end of subsection (c) the following:
            ``(8) Treatment of certain violations.--Any person who 
        violates section 301 with respect to an activity in wetlands or 
        waters of the United States for which a permit is required 
        under section 404 shall not be subject to punishment under this 
        subsection but shall be subject to punishment under section 
        404(k)(5).'';
            (6) in subsection (d) by striking ``, or in a permit issued 
        under section 404 of this Act by a State,'';
            (7) by adding at the end of subsection (d) the following: 
        ``Any person who violates section 301 with respect to an 
        activity in wetlands or waters of the United States for which a 
        permit is required under section 404 shall not be subject to a 
        civil penalty under this subsection but shall be subject to a 
        civil penalty under section 404(k)(4).'';
            (8) in subsection (g)(1)--
                    (A) by striking ``--'' and all that follows through 
                ``(A)'';
                    (B) by striking ``or in a permit issued under 
                section 404 of this Act by a State, or''; and
                    (C) by striking ``(B)'' and all that follows 
                through ``as the case may be,'' and inserting ``the 
                Administrator'';
            (9) by adding at the end of subsection (g) the following:
            ``(12) Treatment of certain violations.--Any person who 
        violates section 301 with respect to an activity in wetlands or 
        waters of the United States for which a permit is required 
        under section 404 shall not be subject to assessment of a civil 
        penalty under this subsection but shall be subject to 
        assessment of a civil penalty under section 404(k)(4).''; and
            (10) by striking ``or Secretary'', ``or the Secretary'', 
        ``or the Secretary, as the case may be,'', ``or Secretary's'', 
        and ``and the Secretary'' each place they appear.

SEC. 6. EFFECTIVE DATE.

    This Act, including the amendments made by this Act, shall take 
effect on the 90th day following the date of the enactment of this Act.
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