[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 49 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 49

To amend the Federal Water Pollution Control Act to modify the wetlands 
   regulatory program corresponding to the low wetlands loss rate in 
Alaska and the significant wetlands conservation in Alaska, to protect 
  Alaskan property owners, and to ease the burden on overly regulated 
        Alaskan cities, boroughs, municipalities, and villages.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 4, 1995

 Mr. Stevens (for himself and Mr. Murkowski) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Water Pollution Control Act to modify the wetlands 
   regulatory program corresponding to the low wetlands loss rate in 
Alaska and the significant wetlands conservation in Alaska, to protect 
  Alaskan property owners, and to ease the burden on overly regulated 
        Alaskan cities, boroughs, municipalities, and villages.

    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 ``Alaska Wetlands Conservation Credit 
Procedures Act of 1994''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) according to the United States Fish and Wildlife 
        Service, approximately 170,200,000 acres of wetlands existed in 
        Alaska in the 1780s and approximately 170,000,000 acres of 
        wetlands exist now, representing a loss rate of less than one-
        tenth of 1 percent through human and natural processes;
            (2) according to the United States Fish and Wildlife 
        Service more than 221 million acres of wetlands existed at the 
        time of Colonial America in the area that is now the contiguous 
        United States and 117 million of those acres, roughly 53 
        percent, have been filled, drained, or otherwise removed from 
        wetland status;
            (3) Alaska contains more wetlands than any other State, and 
        more wetlands than all other States combined;
            (4) 88 percent of Alaska's wetlands are publicly owned, 
        whereas only 26 percent of the wetlands in the contiguous 48 
        States are in public ownership;
            (5) approximately 98 percent of all Alaskan communities, 
        including 200 of 209 remote villages in Alaska, are located in 
        or adjacent to wetlands;
            (6) approximately 62 percent of all federally designated 
        wilderness lands, 70 percent of all Federal park lands, and 90 
        percent of all Federal refuge lands are located in Alaska, thus 
        providing protection to approximately 60 million acres of 
        wetlands;
            (7) more than 60 million acres of wetlands are conserved in 
        some form by land designations that restrict utilization or 
        degradation of wetlands;
            (8) 104 million acres of land were granted to the State of 
        Alaska at statehood for purposes of economic development;
            (9) approximately 43 million acres of land were granted to 
        Native Alaskans through regional and village corporations and 
        native allotments for their use and between 45 percent and 100 
        percent of each Native corporations' land is categorized as 
        wetlands;
            (10) development of basic community infrastructure in 
        Alaska, where approximately 75 percent of the non-mountainous 
        areas are wetlands, is often delayed and sometimes prevented by 
        the wetlands regulatory program for minimal identifiable 
        environmental benefit;
            (11) the 1899 Rivers and Harbors Act formerly regulated 
        disposition of dredge spoils in navigable waters, which did not 
        include wetlands, to keep navigable waters free of impairments;
            (12) the 1972 Clean Water Act formed the basis for a broad 
        expansion of Federal jurisdiction over wetlands by modifying 
        the definition of ``navigable waters'' to include all ``waters 
        of the United States'';
            (13) in 1975, a United States district court ordered the 
        Corps to publish revised regulations concerning the scope of 
        the section 404 program, regulations that expanded the scope of 
        the program to include the discharge of dredged and fill 
        material into wetlands;
            (14) the wetlands regulatory program was expanded yet again 
        by regulatory action to include isolated wetlands, those that 
        are not adjacent to navigable waters, and such an expansion 
        formed the basis for burdensome intrusions on the property 
rights of Alaskans, Alaskan Native Corporations, the State of Alaska, 
and property owners in Alaska;
            (15) expansion of the wetlands regulatory program in this 
        manner is beyond what the Congress intended when it passed the 
        Clean Water Act and the expansion has placed increasing and 
        unnecessary economic and administrative burdens on private 
        property owners, small businesses, city governments, State 
        governments, farmers, ranchers, and others for negligible 
        environmental benefit associated with wetland permits;
            (16) for Alaska, a State with substantial conserved 
        wetlands and less than 1 percent private, non-corporate land 
        ownership, the burdens of the current wetlands regulatory 
        program unnecessarily inhibit reasonable community growth and 
        environmentally benign, sensitive resource development;
            (17) Alaska villages, municipalities, boroughs, city 
        governments, and Native organizations are experiencing 
        increasing frustration with the constraints of the wetlands 
        regulatory program because it interferes with the location of 
        community centers, airports, sanitation systems, roads, 
        schools, industrial areas, and other critical community 
        infrastructure;
            (18) policies that purport to achieve ``no net loss'' of 
        wetlands reflect a Federal response to the 53 percent loss of 
        the wetlands base in the south 48, a calculation that excludes 
        Alaska wetlands;
            (19) total wetlands loss in Alaska is less than one-tenth 
        of 1 percent of the total wetlands acreage in Alaska;
            (20) individual landowners in Alaska have experienced 
        devaluations of up to 97 percent of their property value due to 
        wetlands regulations and the tax base of many communities has 
        diminished by those regulations.

SEC. 3. AMENDMENT TO THE FEDERAL WATER POLLUTION CONTROL ACT.

    The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is 
amended--
            (a) in section 101(a) (33 U.S.C. 1251(a)) by--
                    (1) striking ``and'' at the end of paragraph (6);
                    (2) striking the period at the end of paragraph (7) 
                and inserting in lieu thereof ``; and''; and
                    (3) adding the following new paragraphs:
            ``(8) it is the national policy to--
                    ``(A) achieve a balance between wetlands 
                conservation and adverse economic impacts on local, 
                regional, and private economic interests and
                    ``(B) to eliminate the regulatory taking of private 
                property by the regulatory program authorized under 
                section 404;
            ``(9) it is the national policy to encourage localized 
        wetlands planning, without mandating it and by providing funds 
        to encourage it, and such planning shall allow local political 
        subdivisions and local governments to apply differential 
        standards for the issuance of wetlands permits based on factors 
        that include the relative amount of conserved wetlands habitat 
        and the wetlands loss rate in the State in which such political 
        subdivision or local government is located; and
            ``(10) it is the national policy that compensatory 
        mitigation on wetlands or potential wetlands located outside 
        the boundaries of a State shall not be required, requested, or 
        otherwise utilized to offset impacts to wetlands inside that 
        State.'';
            (b) in section 404(b) (33 U.S.C. 1344(b)) by inserting 
        immediately after ``anchorage'' the following--
            ``: Provided, however, That the guidelines adopted pursuant 
        to clause (1) for a State with substantial conserved wetlands 
        areas--
            ``(A) shall not include requirements or standards for 
        mitigation to compensate for wetlands loss and adverse impacts 
        to wetlands;
            ``(B) may include requirements or standards for 
        minimization of adverse impacts to wetlands; and
            ``(C) may include standards or requirements for avoidance 
        of impacts only if the permit applicant is not required to 
        establish that upland alternative sites do not exist.'';
            (c) in section 404(e) (33 U.S.C. 1344(e)) by inserting at 
        the end the following new paragraph--
            ``(3) Notwithstanding the requirements of paragraphs 
(1) and (2), at the request of a State with substantial conserved 
wetlands areas, the Secretary shall issue general permits for such 
States and the requirements under which such general permits are issued 
shall contain a regulatory standard for discharge of dredged or fill 
material into navigable waters in such State, including wetlands, that 
is no greater than the standard under subsection (b).'';
            (d) in section 404(f)(1) (33 U.S.C. 1344(f)(1)) by--
                    (1) striking the comma at the end of subparagraph 
                (F) and inserting in lieu thereof a semicolon; and
                    (2) adding the following new subparagraphs--
                    ``(G) associated with airport safety (ground and 
                air) in a State with substantial conserved wetlands 
                areas, and in any case associated with airport safety 
                (ground and air) when the Secretary of Transportation 
                determines that it is advisable for public safety 
                reasons and deems it necessary;
                    ``(H) for construction and maintenance of log 
                transfer facilities associated with log transportation 
                activities;
                    ``(I) 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;
                    ``(J) for construction of ice pads and ice roads 
                and for purposes of snow storage and removal,''; and
            (e) by adding at the end of section 404 (33 U.S.C. 1344) 
        the following new subsections--
    ``(s) Definitions.--For purposes of this section the term--
            ``(1) `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.
            ``(2) `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, as 
        amended, 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, as amended.
            ``(3) `State with substantial conserved wetlands areas' 
        means any State which--
                    ``(A) contains at least 15 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
                    ``(B) 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.
    ``(t) Alaska Native and State of Alaska Lands.--
            ``(1) In general.--The Secretary shall issue individual and 
        general permits pursuant to the standards and requirements of 
        subsections (a) and (b) for a State with substantial conserved 
        wetlands areas.
            ``(2) Permit considerations.--For permits issued pursuant 
        to this section for economic base lands, in addition to the 
        requirements in subsections (a) and (b), the Secretary shall--
                    ``(A) balance the standards and policies of this 
                Act against the obligations of the United States to 
                allow economic base lands to be beneficially used to 
                create and sustain economic activity;
                    ``(B) with respect to Alaska Native lands, give 
                substantial weight to the social and economic needs of 
                Alaska Natives; and
                    ``(C) account for regional differences in the 
                abundance and value of wetlands.
            ``(3) General permits.--For permits issued under this 
        section on lands owned by Alaska villages, the Secretary shall 
        issue general permits for disposition of dredged and fill 
        material for critical infrastructure including water and sewer 
        systems, airports, roads, communication sites, fuel storage 
        sites, landfills, housing, hospitals, medical clinics, schools, 
        and other community infrastructure in rural Alaska villages 
        without a determination that activities authorized by such a 
        general permit cause only minimal adverse environmental effects 
        when performed separately and will have only minimal cumulative 
        adverse effects on the environment.
            ``(4) Other considerations.--The Secretary shall consult 
        with and provide assistance to Alaska Natives (including Alaska 
        Native Corporations) and the State of Alaska regarding 
        promulgation and administration of policies and regulations 
        under this section.''.
                                 <all>
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