[Congressional Record Volume 141, Number 52 (Tuesday, March 21, 1995)]
[House]
[Page H3340]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                  FEDERAL WATER POLLUTION CONTROL ACT

  (Mr. ENGLISH of Pennsylvania asked and was given permission to 
address the House for 1 minute and to revise and extend his remarks.)
  Mr. ENGLISH of Pennsylvania. Mr. Speaker, today I am introducing 
wetlands legislation intended to replace section 404 of the Federal 
Water Pollution Control Act. Section 404 governs wetlands regulation 
and has long been in need of review and reform.
  The new section would classify wetlands by their function and value, 
and balance the farmers' and landowners' property rights with the need 
to protect our Nation's functionally important wetlands.
  I strongly disagree with the current wetlands regulation process. The 
present section 404 is a bureaucratic quagmire that fails economically, 
constitutionally, and environmentally: Local development is constrained 
to spare the destruction of marginal wetlands, private property rights 
are ignored as Government declares citizens' property unusable, and 
State programs offer little to no incentive for local land owners to 
preserve and enhance vital wetlands.
  The new legislation surpasses the current 404 program in many ways. 
Most importantly, the legislation recognizes that not all wetlands are 
the same. Wetlands would be classified into three types with the most 
valuable class being more strictly regulated than under current law. 
The middle class would be treated similarly to current law, but 
benefiting from the injection of a new balancing approach to the 
system. The third class, which provides no wetland functions and 
values, would be virtually unregulated.
  The legislation also makes important strides in recognizing the 
rights of private property owners. For farmers, prior converted 
cropland would not be included within the scope of the wetlands 
regulation. Furthermore, land owners, who have lost the right to use a 
portion of their land due to a Government taking, would have the option 
to seek compensation at fair market value and transfer that the title 
to the Government, or to retain the title to the property land abide by 
the prohibition established for type A wetlands.
  In addition, the legislation also provides for the protection and 
growth of our Nation's most functionally important wetlands. First, 
States are required to develop mitigation programs to enhance wetlands 
growth. Second, this legislation expands the list of activity that 
require permits in type A wetlands.
  For all of these important reasons, I am pleased to offer this bill 
to the House.

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