legislation: 103-s-2506
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| bill_id | congress | bill_type | bill_number | title | policy_area | introduced_date | latest_action_date | latest_action_text | origin_chamber | sponsor_name | sponsor_state | sponsor_party | sponsor_bioguide_id | cosponsor_count | summary_text | update_date | url |
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| 103-s-2506 | 103 | s | 2506 | Wetlands Regulatory Reform Act of 1995 | Environmental Protection | 1994-10-05 | 1994-10-05 | Read twice and referred to the Committee on Environment and Public Works. | Senate | Sen. Johnston, J. Bennett [D-LA] | LA | D | J000189 | 0 | Wetlands Regulatory Reform Act of 1995 - Amends the Federal Water Pollution Control Act to prohibit the issuance of revisions to or clarifications of the guidelines for identifying and delineating wetlands until the National Academy of Sciences has completed a specified wetlands study. (Sec. 4) Provides that clear evidence of wetlands hydrology, hydrophytic vegetation, and hydric soil must be present in order to make a positive wetland delineation determination. Requires wetlands located on agricultural lands and associated non-agricultural lands to be delineated by the Secretary of Agriculture in accordance with the Food Security Act of 1985. Exempts from the requirements of this Act agricultural lands that are exempt from the requirements of the Food Security Act of 1985. (Sec. 5) Directs the Administrator of the Environmental Protection Agency (EPA) to undertake a project to classify U.S. wetlands, to be completed within ten years of this Act's enactment date. Requires wetlands to be classified as Class A, B, or C depending on their relative ecological significance, taking into account regional variations in hydrology, soils, and vegetation, with Class A wetlands being those that serve critical wetlands functions. Authorizes any person to request the Secretary of the Army, acting through the Chief of the Army Corps of Engineers, to determine the classification of wetlands. (Sec. 6) Considers draining, channelization, and excavation of wetlands to be discharging of dredged or fill material into U.S. waters for purposes of permit provisions. (Sec. 7) Requires the Secretary to determine whether to issue a permit for the discharge of dredged or fill material into Class A wetlands based on a sequential analysis that seeks to avoid adverse effects on wetlands, minimize adverse effects that cannot be avoided, and mitigate adverse effects that cannot be avoided and that remain. Directs the Secretary to make such determination with respect to Class B wetlands pursuant to a public interest review. Provides that no permit for such activities shall be required with respect to Class C wetlands. (Sec. 8) Removes EPA authority to deny the use of areas as disposal sites for dredged or fill material. Directs the Secretary to consult with the Administrator regarding whether the discharge of such materials whould have an adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas. (Sec. 9) Sets forth conditions under which extensions of time are available for the Secretary's decision on a permit. (Sec. 10) Directs the Secretary, upon the request of a State, regional, local, or tribal governmental body with an existing wetlands regulatory program, to issue a general permit for the program subject to specified conditions. Requires linear utility facilities to continue to be regulated by the Secretary. Authorizes general permits to be issued for discharges of dredged or fill material associated with activities (including the production of agricultural commodities on converted wetlands) found by the Secretary of Agriculture to be exempt from ineligibility provisions of the Food Security Act of 1985 if a general permit: (1) provides adequate safeguards to ensure that the activities exempted will have no more than minimal individual and cumulative environmental impacts; and (2) includes provisions to provide for periodic reviews to ensure that permit conditions are met. Authorizes grants for State, regional, local, and tribal permit programs. (Sec. 11) Expands the list of discharge activities that are exempt from regulation as well as the list of areas tht shall not be considered as navigable waters for purposes of regulation. (Sec. 12) Removes EPA's authority to restrict the issuance of permits under a State permit program for the discharge of dredged or fill material. (Sec. 13) Directs the Secretary to issue regulations for the establishment, use, maintenance, and oversight of mitigation banks. Defines a "mitigation bank" as a wetlands restoration, creation, enhancement, or preservation project undertaken for the purpose of providing mitigation compensation credits to offset wetlands losses authorized by the terms of permits allowing discharges of dredged or fill material into navigable waters. (Sec. 14) Establishes an administrative appeals process under which landowners or other persons may appeal regulatory jurisdiction over lands and other specified determinations regarding permits for the discharge of dredged or fill material. (Sec. 15) Sets forth requirements for mapping and public notice for areas where Federal wetlands may be located. (Sec. 16) Provides that for permits for the discharge of dredged or fill material within the State of Alaska, the guidelines issued: (1) shall not include standards for compensatory mitigation of adverse impacts; (2) shall include standards for minimization of impacts; and (3) may include standards for avoidance of impacts. Requires the Secretary to issue a general permit for such discharges in Alaska. Requires lands conveyed to, selected by, or owned by Alaska native corporations to be economic base lands. Directs the Secretary, regarding permit decisions for such lands, to: (1) balance the standards and policies of this Act against the obligations of the United States to allow such lands to be used beneficially to create and sustain economic activity; (2) give substantial weight to the social and economic needs of Alaska natives; and (3) account for regional differences, abundance, and functions of wetlands. Requires the Secretary, regarding rural Alaska Native villages, to issue general permits for disposition of dredge and fill material for critical infrastructure in rural villages without a determination that activities authorized by such a permit cause only minimal adverse environmental effects. | 2025-08-26T13:51:22Z |