Jeremiah Smith: “I have two specific concerns regarding FEMA and the Section 404 program. First, I understand that a new rule on…”

“I have two specific concerns regarding FEMA and the Section 404 program. First, I understand that a new rule on nationwide permits was issued by the Corps effective June 7, 2000. Nationwide permits are a streamlined permitting process that apply to minor wetlands disturbances that have a minimal impact on the nation's wetlands. These permits are very important to the operation of the program since as many as 85 percent of the permits issued by the Corps each year are nationwide permits. One aspect of this new rule makes it very difficult to obtain nationwide permits in the one hundred year floodplain. According to the Corps, 53 percent of the floodplain is subject to the jurisdiction of the Section 404 program. The rule provides that certain nationwide permits can be obtained in a portion of the hundred year floodplain if approved by FEMA or the local flood control agency. Congress has not authorized a role for FEMA in the Section 404 permitting process. Is it your understanding that this new rule will be implemented in such a fashion that FEMA will not become a regulatory agency with respect to Section 404 nationwide permits?”