This report discusses various wetland policy topics, of particular interest are statements by the Bush Administration shortly after the 2004 election that restoration of 3 million wetland acres would be a priority.
Damage to or destruction of the nation’s water supply and water quality infrastructure by a terrorist attack could disrupt the delivery of vital human services in this country, threatening public health and the environment or possibly causing loss of life. Interest in such problems has increased greatly since September 11, 2001, terrorist attacks in New York City and at the Pentagon.
Section 401 of the Clean Water Act requires that an applicant for a federal license or permit provide a certification that any discharges from the facility will comply with the Act, including water quality standard requirements. Disputes have arisen over the states' exercise of authority under Section 401. Until recently, much of the debate over the Section 401 certification issue has been between states and hydropower interests. A 1994 Supreme Court decision which upheld the states' authority in this area dismayed development and hydroelectric power interest groups. The Court revisited these issues in a 2006 ruling that unanimously upheld the states' authority to condition hydropower licenses. The dispute between states and industry groups about Section 401 authority has been a legislative issue on several occasions, but Congress has not responded by modifying the provision's scope. In addition, there has been interest in clarifying whether Section 401 certification applies to nonpoint source discharges, such as rainfall runoff, as well as point source discharges from pipes or ditches.
Key water quality issues that may face the 107th Congress include: actions to implement existing provisions of the Clean Water Act, whether additional steps are necessary to achieve overall goals of the Act, and the appropriate federal role in guiding and paying for clean water activities. This Act is the principal law that deals with polluting activity in the nation’s lakes, rivers, and coastal waters and authorizes funds to aid construction of municipal wastewater treatment plants. Legislative prospects for comprehensively amending it have been stalled over whether and exactly how to change the law.
The Robert T. Stafford Disaster Relief and Emergency Assistance Act (the Stafford Act) imposes flood insurance requirements upon eligibility for disaster assistance in two general cases: (1) if the entity seeking disaster assistance has received disaster assistance in the past, or (2) if the entity seeking disaster assistance is a state or local government or private nonprofit located in a federally designated special flood hazard area (SFHA) as determined under the National Flood Insurance Act of 1968. The requirements imposed by the Stafford Act operate independently of each other, and a potential applicant for disaster assistance may fall into both categories. This report will discuss the specific requirements imposed in each situation after briefly discussing the history of flood insurance and the relevant types of disaster assistance.
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