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<br />classification and standards setting, however, has been <br />of concern, particularly as applied through state <br />certification under 5401. Particularly when applied <br />through a non-degradation standard, these regulations can <br />have significant practical restraint on projects through <br />other permi ts. ~esent proposals for amendments in <br />connection with Clean Water Act review calling for <br />biological and physical based standards have further <br />concerned developers. <br />. D. Federal Land Management Policy Act (FLPMA). Especially <br />in the Colorado River Basin, with its extensive publio <br />lands, requirements for federal special use permits or <br />rights of way are usually encountered. Section 1765 <br />requires the right-of-way permit to include terms and <br />conditions which minimize damage to scenic and aesthetic <br />values and fish and wildlife habitat. Section 1765 also <br />requires compliance with applicable air and water quality <br />standards established under federal or state law. <br />Special land use permits for rights-of-way may be <br />condi tioned on flow bypass regimes, including those under <br />the Endangered Fish Recovery Program. <br />III. Requirements for a Regulatory Breakthrough <br />A. It does seem like an impenetrable web. A large part of <br />the current difficulty however rests in the pervasive <br />uncertainty of the system. At least two of those <br />regulatory areas may have some prospect for resolution in <br /> <br />5 <br />