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A Look to the Future Greer C. Tidwell U.S. Environmental Protection Agency INTRODUCTION Clearly, the National wetlands Policy Forum has set the stage for new directions in federal wet- lands protection policy. This is reflected in President Bush's promotion during his campaign of the policy forum's goal of no net loss of the nation's wetlands. He followed up on this objective after the election by selecting Bill Reilly as the Environ- mental Protection Agency (EPA) Administrator, the first EPA Administrator chosen from an environmen- tal interest group. The President has reiterated the no net loss objective on several occasions including in his proposed FY 1990 budget. And, he has instructed the Domestic Policy Council to establish an interagency task force on wetlands to evaluate federal wetlands policies and programs in the context of the no net loss goal -- including revising and strengthening the current presidential executive order on wetlands. (Invita- tions to participate on the task force have been sent. The task force has not yet convened.) So, within this very positive setting for increased wetlands protection, where are we going at EPA? First, EPA cannot effectively realize a goal of no net loss of wetlands alone. The Section 404 wetlands protection program does not regulate activities such as drainage and vegetation removal that are resulting in 80 percent of current wetland impacts. For this reason, it is important that states and local governments adopt wetlands protection programs and policies that protect wetlands from activities that threaten them in their areas. Thomas in January, before he left the E.P.A. di- rectorship, describes generally the major areas of effort we are pursuing at EPA. Let me take a few minutes to tell you about the major initiatives completed or underway at this time: For the first time, EPA's proposed budget includes money allocated for the development and administration of state wetland programs. There is $1.5 million proposed to be allocated to the states. If this funding remains in the final budget (which we expect it will) then we will be looking for the states to propose initia- tives that will increase their ability to protect wetlands. In my region, I have established a wetlands planning unit to assist and support states in their efforts to expand their wetlands protection program. This staff will be available to assist states in developing proposals for federal grant assistance. We are increasing our efforts to work coopera- tively with the Corps of Engineers to enhance the level of protection afforded by the Section 404 Program. Probably, most of you know that in January 1989 we signed a memorandum of agreement with the Corps, the Fish and Wildlife Service, and the Soil Conservation Service concerning the geographic jurisdiction of the Section 404 Program. For the first time, we have an understanding with the Corps on how wetlands are delineated. This will resolve a long-standing conflict in the Section 404 Program, and should help to alleviate some of the contradictions so difficult for the regulated community to understand. It is also for this reason that President Bush has asked the Domestic Policy Council to look at all federal programs impacting wetlands, and to make recommendations for action. NO NET LOSS AND SECTION 404 The Section 404 program, if implemented appro- priately, can play an important role in reducing the loss of wetlands nationwide. EPA is pursuing a number of initiatives to help implement some of the objectives recommended by the National Wetlands Policy Forum within the scope of our authority. The EPA wetlands action plan issued by Lee Enforcement In January 1989 we also signed a memorandum of agreement with the Corps on federal enforcement of the Section 404 Program. EPA will take lead responsibility for initiat- ing enforcement actions for unpermitted discharge violations. The Corps will take responsibility for enforcing permit violations. EPA is committed to increased enforcement of the Section 404 Program. We are taking more enforcement actions than ever, including criminal enforcement, against signifi- cant illegal discharges. In my region we have issued more than twice as many compliance and penalty orders so far this fiscal year than we did in all of last year. 29