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r�encourage alternatives to levees.The guidance memo 5Thomas E.Dahl, Wetlands Losrrs in the United Stairs: 1780,to 1980, U.S.Depart-
<br /> requires only a 24-hour review period for flood ment of Interior,Fish and Wildlife Service,11 (1990).
<br /> control projects by other federal and state agencies, °Influence ofWerlands,supra note 4.
<br /> hardly enough time to research and develop alterna- 7R.P.Novttski,Hydrology of Il unnuin'r Wetlands, U.S.Geological Survey,Madison,
<br /> rive flood control methods. The administration's ll isconsin(1982).
<br /> guidance does not address the problem of lack of s
<br /> See generally C.H.Prior and J.H.Hess,F(aadr In Minnesota,Magnitude and Frr-
<br /> expertise in developing nonstructural alternatives.
<br /> gurney,Minnesota Department of Conservation(1961);C.T. Haan and H.P.
<br /> Finally, the guidance affects only one-fifth of the Johnson,"Hydraulic Model of Runoff from Depressional Areas,"Amrrican Society of
<br /> failed levees and therefore does not provide realistic Cultural Engrneerr, 11:364-367(1968),D.W. De Boer and H. P.Johnson,"Simub-
<br /> options for most floodplain farmers.18 In addition, tion of Runoff from Depression Characterized Watersheds,"American Society of
<br /> funds that have been earmarked for long-term, Agricultural Engineers, 14(4):615-610(1971);K.L.Campbell and H.P.Johnson,
<br /> flood-loss reduction activities like relocation and "Hvdrologic Simulation of Watersheds with Artificial Drainage,"Water Resources
<br /> wetlands acquisition are hamstrung by conflicting Research 11(I):1:0-126(1975);I.D.Moore and C.L. Larson."Effects of Drainage
<br /> rules and regulations.1° Projects on Surface Runoff from Small Depressional Watersheds in the North
<br /> The Federal Emergency Management Agency Central Region," lEater Resources Research,Bulletin 99(1979)-
<br /> (FEMA), the agency ostensibly in charge of reduc- vOrie L. Loucks,"Restoration of the Pulse Control Function of Wetlands and its
<br /> ing long-term flood threats, and the Department of Relationship to lVater Quality Objectives,"in If erland Creation and Rennration:the
<br /> Housing and Urban Development will likely spend Sunurofrhe Science,468(1990).
<br /> less than $400 trillion on such projects.'°Perhaps 10Charles B.Belt,Jr.,"The 1973 Flood and Man's Constriction of the Mississippi
<br /> $15 million will be spent on wetlands restoration. in River,"Sconce,Vol. 189:681 (1975)[hereinafter"The 1973 Flood"];see also R.G.
<br /> contrast, more than one-third of the relief—$2.35 Kazmann,Alodern Hydrology, 1 I5-116(197'-).
<br /> billion—will be delivered in the form of one-time 11"The 1973 Flood,"supra note 10.
<br /> crop-loss payments to farmers through the Com 12
<br /> -
<br /> modity Credit Corporation.tt Study cited in Jem•L.Rasmussen and Jim Milligan,The River Floodway Concept:
<br /> Traditionally, people in the[Midwest have meas- .4 Reasonable and Common Sense Alternative for Flood Control, U.S. Department of
<br /> ured FEt'vIA, the Corps, and other agencies by how Interior,Fish and Wildlife Senice(1993).
<br /> quickly checks are cut and levees are rebuilt. But the 13"The 1973 Flood,"sups note 10,at 684.
<br /> true measure of their performance will be how well 1i
<br /> Pe Robert N.S[avins and Adam B.Jaffe,"Unintended Impacts of Public Incesmtents
<br /> the Midwest withstands the next flood. It is too much on Private Decisions:The Depletion of Forested Wetlands,"The.itnnran Economic
<br /> to expect Congress and the administration to replumb Review.80:337,349(1990).
<br /> the entire upper Mississippi Basin. But the floods of 1 iCasebook,supra note 1,at 5.The U.S..Army Corps study of the Charles River proj-
<br /> 1993 have opened a window of opportunity to re- ect concluded that upstream wedands play a critical role In reducing flooding further
<br /> verse a century of flood control policy that places downstream,and that wedands act like a series of reservoirs,absorbing and storing
<br /> too much faith in structural solutions and discounts flood voters,and then releasing water over time.See U.S.Army Corps of Engi-
<br /> the value of natural floodplains and wetlands. •: neers,New England Doismn,Natrrral pulley Storage.'..-i Partnership with Nature. li
<br /> Public Information Fact Sheets,Spring 1976, Spring 1977, Sprang 1978;and
<br /> .Arthur F. Doyle. "The Charles River Watershed: A Dual Approach to Floodplain
<br /> Scott E. Faber is director offloodplain programs for Amen- Management,"Aoceedrngs of ihr National Weiland Symposium: Weiland Hydrology,
<br /> can Revers,a river conservation and flood control policy refonn Association of Stain Weiland Managers(1988).
<br /> group in Washington, D.C. This article it somewhat condensed 1 bCasrbook,supra note 1,at 13.39,and 69-73.
<br /> from one appearing in National Wetlands Newsletter. © _ p
<br /> 1993 National Wedands Newsletter. Reprinted by permis- 1 T.J.Glauthier and Katie McCmty,Gradance Memorandum Regarding Procedures for
<br /> stun of the Environmental Low Institute, I6ashington, D.C. E:aluanon and Review of Ripair and Resovaron Projrns for Levees, Executive Office of
<br /> the President,Office of Alanagement and Budget(1993).
<br /> 16ld see also statement of Edward Hecker,Chief, Readiness Branch,U.S..Army
<br /> NOWS Corps of Engineers, Post Flood Recovery in the Mississippi River Basin Confer-
<br /> IU.S. Department of the Interior,National Park Service, ence,St. Louis,August 30, 1993. Four-fifths of the failed Midwest levees are not
<br /> A Casebook in afanazing Rrons fr Multiple Uses, p. N(1991) eligible for federal assistance from the Corps under Pub.L.No.84-99.
<br /> lhereinafter Caseboakl. 10 RobertL. Koenig."A1v People Prefer Leaving Floodplams to the Rivers: but Pot
<br /> William Becker,"Noah's Archirecture: Lets Not Rebuild on of Buyout.Money,\lac Run Dn."Si. Louis Pon Dispatch, September 19, 1993,at I.
<br /> the Floodplain," !1'arhingran Pon,September C, 1993,at C5. �o44 CFR sec.204.400(m),see also statement of Larry Zenzinger,Chief of Public As-
<br /> 3 , sistance Programs, Federal Emergenc) Management Agency,"Federal Assistance
<br /> Kenneth L.Wahl,Kevin C.Vining,and Gregg I.ll iche, to,Midwest Communities for Relocation and Elevation of Flood Damaged Prop-
<br /> Precipitation in the Upper Mississippi River Barin,January I erns"at the August 30, 1993,Post Flood Recoven•in the Mississippi Basin Confer-
<br /> through July 31, 1993, U.S. Geological Suney circular ence,Association of State Floodplain Managers and Association of State Weiland
<br /> 1120-B(1993). Managers;Federal Emergency Alanagement Agency(August 1993).The U.S.
<br /> aMis_ganavv Demissie and Abdul Khan,Iiflumce of lVerlands on House of Representatives and U.S.Senate passed legislation that increased the
<br /> Streamflow in Illinois, Illinois Stair Water Survey for the Illinois amount of FEbIA hazard mitigation funding from$14 million to S105 million.
<br /> Depammenr of Cmisenwron, 49(1993) [hereinafter Influence 21Statement of Tom Wehn,.Assistant Director,Watershed Projects Division,U.S.
<br /> of Wriktnds]. Department of Agriculture,Soil Conservation Service,August 30, 1993.
<br /> March 1994 . Urban I and 27
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