TITLE VIII--WETLANDS CONSERVATION AND MANAGEMENT

SEC. 804. DEFINITIONS.

Section 502 (33 U.S.C. 1362) is further amended--

(1) in paragraph (6)--

(A) by striking "dredged spoil,"

(B) by striking "or (B)" and inserting "(B)"; and

(C) by inserting before the period at the end; "and (C) dredged or fill material" and

(2) by adding at the end thereof the following new paragraphs:

"(28) The term 'wetlands' means lands which have a predominance of hydric soils and which are inundated by surface water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.

(29) The term 'creation of wetlands' means an activity that brings a wetland into existence at a site where it did not formerly occur for the purpose of compensatory mitigation.

(30) The term 'enhancement of wetlands' means any activity that increases the value of one or more functions in existing wetlands.

(31) The term 'farmed wetland' means those agricultural lands, as defined in section 404, and associated nonagricultural lands exhibiting wetlands characteristics, as delineated solely by the Secretary of Agriculture.

(32) The term 'fastlands' means lands located behind legally constituted man-made structures or natural formations, such as levees constructed and maintained to permit the utilization of such lands for commercial, industrial, or residential purposes consistent with local land use planning requirements.

(33) The term 'wetlands functions' means the roles wetlands serve, including flood water storage, flood water conveyance, ground water recharge, erosion control, wave attenuation, water quality protection, scenic and aesthetic use, food chain support, fisheries, wetlands plant habitat, aquatic habitat, and habitat for wetland dependent wildlife.

(34) The term 'growing season' means, for each plant hardiness zone, the period between the average date of last frost in spring and the average date of first frost in autumn.

(35) The term 'incidentally created wetlands' means lands that exhibit wetlands characteristics sufficient to meet the criteria for delineation of wetlands, where one or more of such characteristics is the unintended result of human induced alterations of hydrology.

(36) The term 'maintenance' when used in reference to wetlands means activities undertaken to assure continuation of a wetland or the accomplishment of project goals after a restoration or creation project has been technically completed, including water level manipulations and control of nonnative plant species.

(37) The term 'mitigation banking' means wetlands restoration, enhancement, preservation or creation for the purpose of providing compensation for wetland degradation or loss.

(38) The term 'normal farming, silviculture, aquaculture and ranching activities' means normal practices identified as such by the Secretary of Agriculture, in consultation with the Cooperative Extension Service for each State and the land grant university system and agricultural colleges of the State, taking into account existing practices and such other practices as may be identified in consultation with the affected industry or community.

(39) The term 'restoration' in reference to wetlands means an activity undertaken to return a wetland from a disturbed or altered condition with lesser acreage or fewer functions to a previous condition with greater wetlands acreage or functions.

(40) The term 'temporary impact' means the disturbance or alteration of wetlands caused by activities under circumstances in which, within 3 years following the commencement of such activities,

such wetlands--

(A) are returned to the conditions in existence prior to the commencement of such activity; or

(B) display conditions sufficient to ensure, that without further human action, such wetlands will return to the conditions in existence prior to the commencement of such activity.

(41) The term 'airport hazard' has the meaning such term has under section 47102 of title 49, United States Code."

(42) The term 'activity in wetlands or waters of the United States' means --

(A) the discharge of dredged or fill material into waters of the United States, including wetlands at a specific disposal site; or

(B) the draining, channelization, or excavation of wetlands."

 

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