湿地

环境
发表

Resolved that NAHB urge the 环境al Protection Agency (EPA) and the U.S. 陆军工兵部队:

  1. 制定规章制度, guidance and policies asserting that “navigability” is the guiding factor to determine the geographic reach of the Clean Water Act (CWA), 符合国会的意图.
  2. 制定规章制度, guidance and policies asserting CWA authority only over activities that “discharge” or “add” materials to jurisdictional waters.
  3. Provide the public with an opportunity to comment on a set of clear regulations, 监管指引, and policies that can be uniformly applied across all Corps districts, including clarifying the meaning of the terms “relatively permanent,表面连续连接,” and “adjacent” wetland to determine the extent of CWA jurisdiction.

Further resolved that NAHB urge EPA and the Corps to include the following in their regulatory requirements for Sec. 404 of the Clean Water Act, on a 区域 and national basis:

  1. 向国会提交一份年度总结报告, 按分区及分区划分, 批准的一般许可证数量, 批准的个人许可证, issued approved jurisdictional determinations (AJDs) and preliminary jurisdictional determinations (PJDs), backlogged permits (general and individual) and backlogged AJDs and PJDs, 以及发行ajd的平均时间, PJDs, 个别及一般许可证.
  2. 修订现行程序,提供精简的, 具有成本效益的, 及时的, and efficient process for obtaining jurisdictional determinations - AJDs and PJDs, 一般许可, 比如全国性的, 区域, 和编程, and individual permits for residential and commercial development and construction activities.Approve or deny with prejudice all applications within a reasonable and uniformly applied time period (targeted to be 60 days) of the completeness determination. The expiration of the above described time period without a decision on a complete application will result in the affirmative approval of the permit.
  3. 按照Sackett的要求,回应所有的要求(例如.g., standalone and those associated with a requested permit) for AJDs in a 及时的 manner (e.g.(在60天内),承认部队的决定(1).e., jurisdictional and non-jurisdictional) contained within AJDs are final agency actions upon which CWA permits can be issued for five years unless, (A)申请人要求新的AJD, 或(B)地面条件发生变化.
  4. Issue a completeness determination within a reasonable and uniformly applied time period (targeted to be 60 days) of submitting all permit applications. 如果许可证申请不完整, the Corps will provide the applicant with a detailed list of the items needed to complete the application. The Corps must issue a completeness determination within a reasonable and uniformly applied time period (targeted to be 60 days) of the applicant supplying the additional information. If a completeness determination is not issued within the described time period, 将确定申请是否完成.
  5. Approve or deny with prejudice all applications within a reasonable and uniformly applied time period (targeted to be 60 days) of the completeness determination. The expiration of the aforementioned time period without a decision on a complete application will result in the affirmative approval of the permit.
  6. Allow permit applicants to waive the above time requirements or grant a one-time 60-day extension.
  7. Provide a publicly viewable tracking status for project applicants to track where their permit or AJD is in line to obtain real-time status updates.
  8. 加快审批缓解银行, in-lieu fee programs and project-sponsor mitigation projects.

进一步决定NAHB敦促国会:

  1. To support legislative efforts maintaining the statutory intent of the CWA is that “navigability” be the guiding factor in jurisdictional decisions.
  2. To support legislative efforts clarifying continuous surface connection means continuous surface hydrological connection.
  3. To support legislative efforts maintaining that the statutory intent of the CWA is to grant jurisdiction over only those activities that result in additions of pollutants into “waters of the U.S.”
  4. To support legislative efforts to require the Agencies to revert to the use of the 1987 Corps Wetland Delineation Manual and to ensure that any changes to the manual go through the rulemaking process before being adopted.

NAHB进一步决定敦促州和地方政府, which may be considering whether to adopt additional wetlands protection policies or permitting programs, do so only after identifying those categories of wetlands or waterbodies not already regulated under the CWA and take into account their effect on the state’s economy and the development industry;

Further resolved that NAHB urge the Corps and EPA to adopt reasonable compensatory mitigation banking programs that will be applied consistently and provide other options, such as in-lieu fee programs as a viable compensatory mitigation option, 简化缓解银行审批流程, and update (Regulatory In lieu fee and Bank Information Tracking System) RIBITS in real-time; and

Further resolved that NAHB urge the Corps and EPA to ensure that relevant programs triggered by Sec. 404, such as the National Historic Preservation Act and the Endangered Species Act, are streamlined and have a straightforward procedure and enforceable timeline for coordination and consultation with federal, 州和地方官员.

原通过的决议: 2024.2、决议号.2

具有主要管辖权的委员会:

  • 环境事务委员会
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