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Senator Durenberger ' s proposal was dropped during <br /> subcommittee mark-up in July. However, the Senate Committee on <br /> Environment and Public Works has scheduled a hearing on this <br /> issue on September 15. Furthermore, Senator Durenberger is <br /> reportedly preparing his proposal for consideration as an <br /> amendment to S. 431 during floor debate. <br /> Representative Oberstar is reportedly preparing his proposal <br /> in the form of a bill which would complement H.R. 3282 . I have <br /> been unable to determine whether he hopes to move such a bill <br /> through committee-individually or offer it as an amendment to <br /> H.R. 3282 during committee mark-up. <br /> Various newsletters which follow the Washington scene report <br /> that national environmental groups are strongly in support of a <br /> federally imposed non-point source pollution management program. <br /> Industry and the Water Pollution Control Federation have also <br /> spoken in favor of such a program. The Administration reportedly <br /> opposes the non-point source pollution proposals . I have heard <br /> that an EPA compromise is being circulated, but I have not been <br /> able to confirm this to be the case. <br /> Section 404/Corps Jurisdiction <br /> Over the past several years, efforts to alter section 404 <br /> have focused on amendments which would restrict the Corps of <br /> Engineers ' jurisdiction over dredge and fill activities to those <br /> occurring in what were traditionally defined as "navigable <br /> waters . " The Act ' s jurisdiction now extends to the "waters of <br /> the United States, " a phrase which has been liberally interpreted <br /> by the courts to cover essentially any stream, no matter how <br /> small. <br /> Senator Tower has been the primary proponent of such an <br /> amendment for several years . This year it is reported that he <br /> and Senator Bentsen are circulating a proposed compromise measure <br /> which would preserve the Corps ' current jurisdiction while : <br /> ( 1) imposing statutory deadlines for rendering section 404 <br /> permit decisions, <br /> (2) providing for state assumption of the 404 permit <br /> program and limiting the federal government ' s ability <br /> to veto permits once a state has completed assumption, <br /> and <br /> ( 3) adding explicit language which would clarify that the <br /> intent of section 404 is to restore and maintain the <br /> nation ' s wetlands . <br /> S . 431, as reported out, apparently contains no changes to <br /> section 404. The hearings scheduled for September 15 will <br /> • presumably cover this issue . Senators Tower and Bentsen then <br /> hope to offer their proposal as an amendment to S. 431 during <br /> floor debate. <br /> MEMORANDUM -3- September 6, 1983 <br />