The Move to Amend §404 of FWPCA: House Passes Bill Limiting Federal Authority Over Dredge and Fill Activities

May 1977
Citation:
7
ELR 10082
Issue
5

On April 5, 1977,1 the House of Representatives passed a bill which would severely limit the federal government's authority to regulate the dredging and filling of wetlands. H.R. 3199 renews a number of funding authorizations under the Federal Water Pollution Control Act (FWPCA), including the multi-billion-dollar grant program for construction of municipal sewage treatment facilities. But the measure also contains a section, nearly identical to one that died in conference last year, which narrows, for the purposes of determining the limits of federal dredge-and-fill jurisdiction under §404 of the Act,2 the broad definition of "navigable waters" set forth in §502(7).3 The bill also restricts federal regulatory authority over such activities pursuant to the Rivers and Harbors Act of 1899,4 in addition to exempting normal farming and silvicultural operations from §404's permit requirements.

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