33 U.S.C. § 2317 : US Code - Section 2317: Wetlands

Search 33 U.S.C. § 2317 : US Code - Section 2317: Wetlands

(a) Goals and action plan
(1) Goals
There is established, as part of the Corps of Engineers water
resources development program, an interim goal of no overall net
loss of the Nation's remaining wetlands base, as defined by
acreage and function, and a long-term goal to increase the
quality and quantity of the Nation's wetlands, as defined by
acreage and function.
(2) Use of authorities
The Secretary shall utilize all appropriate authorities,
including those to restore and create wetlands, in meeting the
interim and long-term goals.
(3) Action plan
(A) Development
The Secretary shall develop, in consultation with the
Environmental Protection Agency, the Fish and Wildlife Service,
and other appropriate Federal agencies, a wetlands action plan
to achieve the goals established by this subsection as soon as
possible.
(B) Contents
The plan shall include and identify actions to be taken by
the Secretary in achieving the goals and any new authorities
which may be necessary to accelerate attainment of the goals.
(C) Completion deadline
The Secretary shall complete the plan not later than 1 year
after November 28, 1990.
(b) Constructed wetlands for Mud Creek, Arkansas
Notwithstanding any other provision of law, the Secretary is
authorized and directed to establish and carry out a research and
pilot project to evaluate and demonstrate -
(1) the use of constructed wetlands for wastewater treatment,
and
(2) methods by which such projects contribute -
(A) to meeting the objective of the Federal Water Pollution
Control Act [33 U.S.C. 1251 et seq.] to restore and maintain
the physical, chemical, and biological integrity of the
Nation's waters, and
(B) to attaining the goals established by subsection (a) of
this section.
The project under this subsection shall be carried out to improve
the quality of effluent discharged from publicly owned treatment
works operated by the city of Fayetteville, Arkansas, into Mud
Creek or its tributaries.
(c) Non-Federal responsibilities
For the project conducted under subsection (b) of this section,
the non-Federal interest shall agree -
(1) to provide, without cost to the United States, all lands,
easements, rights-of-way, relocations, and dredged material
disposal areas necessary for construction and subsequent research
and demonstration work;
(2) to hold and save the United States free from damages due to
construction, operation, and maintenance of the project, except
damages due to the fault or negligence of the United States or
its contractors; and
(3) to operate and maintain the restored or constructed
wetlands in accordance with good management practices; except
that nothing in this paragraph shall be construed as precluding a
Federal agency from agreeing to operate and maintain the restored
or reconstructed wetlands.
The value of the non-Federal lands, easements, rights-of-way,
relocations, and dredged material disposal areas provided by the
non-Federal interest shall be credited toward the non-Federal share
of project design and construction costs. The non-Federal share of
project design and construction costs shall be 25 percent.
(d) Wetlands restoration and enhancement demonstration program
(1) Establishment and implementation
The Secretary, in consultation with the Administrator, is
authorized to establish and implement a demonstration program for
the purpose of determining the feasibility of wetlands
restoration, enhancement, and creation as a means of contributing
to the goals established by subsection (a) of this section.
(2) Goal
The goal of the program under this subsection shall be to
establish a limited number of demonstration wetlands restoration,
enhancement, and creation areas in districts of the Corps of
Engineers for the purpose of evaluating the technical and
scientific long-term feasibility of such areas as a means of
contributing to the attainment of the goals established by
subsection (a) of this section. Federal and State land-owning
agencies and private parties may contribute to such areas.
(3) Factors to consider
In establishing the demonstration program under this
subsection, the Secretary shall consider -
(A) past experience with wetlands restoration, enhancement,
and creation;
(B) the appropriate means of measuring benefits of
compensatory mitigation activities, including enhancement or
restoration of existing wetlands or creation of wetlands;
(C) the appropriate geographic scope for which wetlands loss
may be offset by restoration, enhancement, and creation
efforts;
(D) the technical feasibility and scientific likelihood that
wetlands can be successfully restored, enhanced, and created;
(E) means of establishing liability for, and long-term
ownership of, wetlands restoration, enhancement, and creation
areas; and
(F) responsibilities for short- and long-term project
monitoring.
(4) Reporting
(A) To the Chief of Engineers
The district engineer for each district of the Corps of
Engineers in which a wetlands restoration, enhancement, and
creation area is established under this subsection shall
transmit annual reports to the Chief of Engineers describing
the amount and value of wetlands restored, enhanced, and
created for the area and a summary of whether the area is
contributing to the goal established in paragraph (2).
(B) To Congress
Not later than 3 years after November 28, 1990, the Secretary
shall transmit to Congress a report evaluating the use of
wetlands restoration, enhancement, and creation areas in
fulfilling the goal established by paragraph (2), together with
recommendations on whether or not to continue use of such areas
as a means of meeting the goals established by subsection (a)
of this section.
(5) Effect on other laws
Nothing in this subsection affects any requirements under
section 404 of the Federal Water Pollution Control Act (33 U.S.C.
1344) or section 403 of this title.
(e) Training and certification of delineators
(1) In general
The Secretary is authorized to establish a program for the
training and certification of individuals as wetlands
delineators. As part of such program, the Secretary shall carry
out demonstration projects in districts of the Corps of
Engineers. The program shall include training and certification
of delineators and procedures for expediting consideration and
acceptance of delineations performed by certified delineators.
(2) Reports
The Secretary shall transmit to Congress periodic reports
concerning the status of the program and any recommendations on
improving the content and implementation of the Federal Manual
for Identifying and Delineating Jurisdictional Wetlands.