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water quality, shoreline erosion, floodwater storage and trapping of sediments, and climatic changes] are now seriously threatened." In addition to the 1990 report, a 1991 Service publica- tion affirms an average annual net loss of approximately 290,000 acres from the 1970s to the 1980s. Recommendations to Improve Wetland Conservation The regulation of activities in wetlands by the federal government is primarily granted in Section 404 0404) of the federal Water Pollution Control Act ("Clean Water Act," hereafter CWA). Following are, the National Wildlife Federation's administrative and legislative recommenda- tions to make §404 of the CWA a true and effective "wetlands protection" program. Administrative The §404 program has been criticized because some have experienced long delays in receiving delineations, or identification of wetlands, from the Army Corps of Engi- neers (Corps), and sometimes they have received inaccurate wetland delineations conducted by poorly trained consult- ants. The NWF acknowledges that implementation of §404 has been plagued with institutional and administrative problems. These problems must be remedied and we urge that Congress, instead of trying to create a whole new program from scratch, work within the existing framework to "fine-tune" the process. To remedy existing difficulties, we recommend the following: -Require the government or an independent body to prepare a workload analysis of the Environmental Protec- tion Agency (EPA) and the Corps to determine the re- sources (funding and personnel) needed by these agencies to improve implementation of the §404 program. -Based on results of the above study, seek additional appropriations for §404 administration. -Require the Corps and EPA to use a portion of any new funding for wetlands delineation training and education about §404. -Use additional funds to expedite and complete the wetlands-mapping process currently being conducted by the National Wetlands Inventory of the FWS. -Appropriate necessary funds to delineate and map §404 wetlands in watersheds and ecosystems where wetland acreages are particularly difficult to identify and where development pressure is intense. Legislative Even with improved implementation of §404, the CWA is still severely limited in its ability to provide comprehen- sive wetlands protection. For example, §404 currently regulates only the discharge of dredge and fill material into wetlands. Therefore, we urge the following strengthening amendments to §404: -Expand CWA §404 to cover drainage, dredging, flooding, clearing, channelizing, placement of piling- supported structures, placement of floating structures, and other significant physical wetlands alterations, as well as the discharge of dredge and fill material. -Give the EPA sole authority for implementing and enforcing the §404 program because the Corps' weak implementation and enforcement of §404 has long been a liability to achieving the goals of the CWA and the overall effectiveness of protecting wetlands under §404. -Explicitly include wetlands in the Clean Water Act goal statement. -Strengthen the general permit program by amending §404 to require general permits to [ 11 comply with §404(b) (1) guidelines, [2] be subject to EPA veto, [3] be limited to activities rather than geographic areas and [4] allow for greater public review and comment on general permit procedures, standards, monitoring and enforcement. -Strengthen the role of the U.S. Fish and Wildlife Service and the National Marine Fisheries Service in §404 permit decisions by requiring the permitting agency to accept the recommendations of the FWS and/or NMFS unless [l] it makes a finding that these recommendations are inconsis- tent with the permitting agency's binding legal require- ments, and [2] that alternatives to the FWS and/or NMFS recommendations provide for equal protection of aquatic functions and values [i.e., it is consistent with the 404(b)(1) guidelines]. -Earmark §404 enforcement penalties for §404 imple- mentation; modify §401 state water-quality certification requirements to better protect aquatic ecosystems by addressing physical and biological alterations of aquatic areas, as well as chemical pollution of relevant waters. -Legislate EPA's definition of "fill material" because for years, the Corps and EPA have been at odds over the regulatory definition of "fill material," with resulting massive confusion and both agencies shirking the regula- tion of discharges of a number of materials that destroy wetlands [e.g., waste tires and mine tailings]. -Strengthen the CWA citizens' suit provision to provide for stronger wetlands protection by private citizens. Conclusion "Balance" and "common sense" are labels we often hear from the agricultural, business, and development commu- nities when debating wetland policy. We are told we must "balance" the need to protect wetlands with the need for economic development and we must use "common sense" in deciding when to let wetlands be altered and where to draw the line. We too agree there has been lack of balance, 45