EP 1165-2-1
30 Jul 99
B-185. 28 November 1990, Public Law 101-624--Food, Agriculture,
Conservation and Trade Act of 1990. Section 1422 modifies the
'Swampbuster' provision of the 1985 Food Security Act to provide for
delineation of wetlands which are defined as having a predominance of
hydric soils which under normal circumstances support a prevalence of
hydrophytic vegetation. It also provides for additional exemptions
for activities in wetlands that have been frequently cropped, if a
converted wetland is restored. Penalties are reduced when activities
were conducted in good faith, if the wetland is being actively
restored.
B-186. 28 November 1990, Public Law 101-640--Water Resources
Development Act of 1990. Planning and Engineering. Section 301
directs that1`zaq if a non-Federal sponsor contributes 50 percent of
the cost of the feasibility study, costs of planning and engineering
for the project shall be treated as costs of construction.
Emergency Response. Section 302 amends Section 5 of the 1941 FCA, as
amended, to authorize the Secretary of the Army to prepare for
emergency response to any natural disaster and to expend funds for
emergency dredging to restore Federal navigation channels and
waterways after a natural disaster.
Construction of Navigation Projects by Non-Federal Interests. Section
303 amends Section 204 of Public Law 99-662 to permit a non-Federal
sponsor to complete a small navigation project initiated under the
Section 107 program, and to authorize the Secretary of the Army to
reimburse the sponsor for the Federal share of the cost of the
project.
Project Modifications for the Improvement of the Environment. Section
304 amends Section 1135 of Public Law 99-662 to delete the time period
for the Section 1135 program, and to change the authorized
appropriations to million annually to carry out the program.
Ability to Pay. Section 305 directs the Secretary of the Army to
consider local, not statewide, economic and financial data when
evaluating a non-Federal sponsor's ability to pay and the revised
procedures must provide for a reduction in the non-Federal cash
contribution required in excess of minimum 5 percent. Revised
regulations must be published within 1 year.
Environmental Protection Mission. Section 306 directs the Secretary
of the Army to include environmental protection as one of the primary
missions of the Corps.
Wetlands. Section 307 establishes for the Corps water resources
program an interim goal of no overall net loss of wetlands and a long-
term goal to increase the quality and quantity of the Nation's
wetlands. Directs the Secretary of the Army to establish an action
plan to achieve this goal and others within 1 year. Authorizes the
Secretary of the Army to establish a 3-year demonstration program for
wetlands restoration, enhancement, and creation. In addition,
authorizes the Secretary to establish a program for the training and
certification of wetlands delineators.
Flood Plain Management. Section 308 directs that the Secretary of the
Army cannot consider for justifying new Federal project benefits from
protecting specified new or substantially improved structures built in
the flood plain after 1 July 1991. Structures which are not water-
dependent would be affected if they are either built in the 100-year
flood plain with the first floor elevation less than the 100-year
flood elevation after 1 July 1991 or the 10-year flood plain if the
county is substantially located within the 100-year flood plain. Also
B-39
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