{ "id": "97-223", "type": "CRS Report", "typeId": "REPORTS", "number": "97-223", "active": true, "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department", "versions": [ { "source": "EveryCRSReport.com", "id": 458174, "date": "2017-01-12", "retrieved": "2017-01-13T15:40:51.084613", "title": "The Army Corps of Engineers\u2019 Nationwide Permits Program: Issues and Regulatory Developments", "summary": "Permits issued by the U.S. Army Corps of Engineers (the Corps) authorize various types of development projects in wetlands and other waters of the United States. The Corps\u2019 regulatory process involves two types of permits: general permits for actions by private landowners that are similar in nature and will likely have a minor effect on jurisdictional waters and wetlands, and individual permits for more significant actions. The Corps uses general permits to minimize the burden of its regulatory program: general permits authorize landowners to proceed with a project without the more time-consuming need to obtain standard individual permits in advance. More than 97% of the Corps\u2019 regulatory workload is processed in the form of general permits.\nNationwide permits are one type of general permit. Nationwide permits, which number 52, are issued for five-year periods and thereafter must be renewed. They were previously reissued in total in March 2012. In advance of their scheduled expiration in March 2017, the Corps reissued the 2012 permits, with some revisions and modifications, in January 2017.\nThe current nationwide permit program has received criticism from multiple stakeholders and has few strong supporters, for differing reasons. Developers and other industry groups say that it is too complex and burdened with arbitrary restrictions that limit opportunities for an efficient permitting process and have little environmental benefit. Environmentalists say that it does not adequately protect aquatic resources, because the review procedures and permit requirements are less rigorous than those for individual permits and because the Corps fails to adequately track impacts on aquatic resources. At issue is whether the program has become so complex and expansive that it cannot either protect aquatic resources or provide for a fair regulatory system, which are its dual objectives. Controversies also exist about the use of specific nationwide permits for authorizing particular types of activities, such as pipeline and utility line projects and surface coal mining operations.\nIn addition to general objections, interest groups have a number of specific criticisms of the permit program, such as requirements that there must be compensatory mitigation for impacts of some authorized activities and impacts of regional conditioning through which local aquatic considerations are addressed. Coordinating implementation of the nationwide permits between federal, state, and tribal governments also raises a number of issues. Of particular concern to states is tension over whether their authority to certify the nationwide permits is sufficient to assure that state water quality standards or coastal zone management plans will not be violated. Whether the Corps adequately ensures protection of endangered or threatened species and critical habitat is an issue of concern to some stakeholders.\nIt has been more than 15 years since Congress examined the nationwide permit program in oversight hearings or in connection with bills to fund the Corps\u2019 regulatory program. While the Obama Administration\u2019s initiatives concerning some activities that are authorized by nationwide permits drew congressional attention and criticism\u2014such as initiatives concerning surface coal mining activities in Appalachia\u2014that attention has not extended to oversight of the Corps\u2019 regulatory program generally. The nationwide permit program has continued to evolve and to generate wide-ranging concerns among stakeholder and interest groups. Recent controversies about the Corps\u2019 use of nationwide permits to authorize large pipeline and utility line projects could lead to greater congressional interest in the program.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/97-223", "sha1": "c020c48adac7211a19116fa28f204a90afae10fb", "filename": "files/20170112_97-223_c020c48adac7211a19116fa28f204a90afae10fb.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/97-223", "sha1": "271c5b98b058e7b84bab465be90e05777cf735ea", "filename": "files/20170112_97-223_271c5b98b058e7b84bab465be90e05777cf735ea.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4909, "name": "Water Resource Management" } ] }, { "source": "EveryCRSReport.com", "id": 456926, "date": "2016-11-04", "retrieved": "2016-11-28T21:11:55.234852", "title": "The Army Corps of Engineers\u2019 Nationwide Permits Program: Issues and Regulatory Developments", "summary": "Permits issued by the U.S. Army Corps of Engineers (the Corps) authorize various types of development projects in wetlands and other waters of the United States. The Corps\u2019 regulatory process involves two types of permits: general permits for actions by private landowners that are similar in nature and will likely have a minor effect on jurisdictional waters and wetlands, and individual permits for more significant actions. The Corps uses general permits to minimize the burden of its regulatory program: general permits authorize landowners to proceed with a project without the more time-consuming need to obtain standard individual permits in advance. More than 97% of the Corps\u2019 regulatory workload is processed in the form of general permits.\nNationwide permits are one type of general permit. Nationwide permits, which currently number 50, are issued for five-year periods and thereafter must be renewed. They were reissued in total in March 2012. In advance of their scheduled expiration in March 2017, the Corps issued a proposal to reissue and modify the existing nationwide permits on June 1, 2016.\nThe current nationwide permit program has received criticism from multiple stakeholders and has few strong supporters, for differing reasons. Developers and other industry groups say that it is too complex and burdened with arbitrary restrictions that limit opportunities for an efficient permitting process and have little environmental benefit. Environmentalists say that it does not adequately protect aquatic resources, because the review procedures and permit requirements are less rigorous than those for individual or standard permits and because the Corps fails to adequately track impacts on aquatic resources. At issue is whether the program has become so complex and expansive that it cannot either protect aquatic resources or provide for a fair regulatory system, which are its dual objectives. Controversies also exist about the use of specific nationwide permits for authorizing particular types of activities, such as pipeline and utility line projects and surface coal mining operations.\nIn addition to general objections, interest groups have a number of specific criticisms of the permit program, such as requirements that there must be compensatory mitigation for impacts of some authorized activities and impacts of regional conditioning through which local aquatic considerations are addressed. Coordinating implementation of the nationwide permits between federal and state governments also raises a number of issues. Of particular concern to states is tension over whether their authority to certify the nationwide permits is sufficient to assure that state water quality standards or coastal zone management plans will not be violated. Whether the Corps adequately ensures protection of endangered or threatened species and critical habitat is an issue of concern to some stakeholders.\nIt has been more than 15 years since Congress examined the nationwide permit program in oversight hearings or in connection with bills to fund the Corps\u2019 regulatory program. While the Obama Administration\u2019s initiatives concerning some activities that are authorized by nationwide permits have drawn congressional attention and criticism\u2014such as surface coal mining activities in Appalachia\u2014that attention has not extended to oversight of the Corps\u2019 regulatory program generally. The nationwide permit program has continued to evolve and to generate wide-ranging concerns among stakeholder and interest groups. Recent controversies about the Corps\u2019 use of nationwide permits to authorize large pipeline and utility line projects could lead to greater congressional interest in the program.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/97-223", "sha1": "46a097edf966f2bd6d643e2d6abac4678d4a5309", "filename": "files/20161104_97-223_46a097edf966f2bd6d643e2d6abac4678d4a5309.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/97-223", "sha1": "d4bdc356f53a8242c84dd16b9085c86f17039bc9", "filename": "files/20161104_97-223_d4bdc356f53a8242c84dd16b9085c86f17039bc9.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 4909, "name": "Water Resource Management" } ] }, { "source": "EveryCRSReport.com", "id": 453876, "date": "2016-06-23", "retrieved": "2016-09-09T19:19:21.119264", "title": "The Army Corps of Engineers\u2019 Nationwide Permits Program: Issues and Regulatory Developments", "summary": "Permits issued by the U.S. Army Corps of Engineers (the Corps) authorize various types of development projects in wetlands and other waters of the United States. The Corps\u2019 regulatory process involves two types of permits: general permits for actions by private landowners that are similar in nature and will likely have a minor effect on jurisdictional waters and wetlands, and individual permits for more significant actions. The Corps uses general permits to minimize the burden of its regulatory program: general permits authorize landowners to proceed with a project without the more time-consuming need to obtain standard individual permits in advance. More than 97% of the Corps\u2019 regulatory workload is processed in the form of general permits.\nNationwide permits are one type of general permit. Nationwide permits, which currently number 50, are issued for five-year periods and thereafter must be renewed. They were reissued in total in March 2012. In advance of their scheduled expiration in March 2017, the Corps issued a proposal to reissue and modify the existing nationwide permits on June 1, 2016.\nThe current nationwide permit program has received criticism from multiple stakeholders and has few strong supporters, for differing reasons. Developers and other industry groups say that it is too complex and burdened with arbitrary restrictions that limit opportunities for an efficient permitting process and have little environmental benefit. Environmentalists say that it does not adequately protect aquatic resources, because the review procedures and permit requirements are less rigorous than those for individual or standard permits and because the Corps fails to adequately track impacts on aquatic resources. At issue is whether the program has become so complex and expansive that it cannot either protect aquatic resources or provide for a fair regulatory system, which are its dual objectives. Controversies also exist about the use of specific nationwide permits for authorizing particular types of activities, such as surface coal mining operations.\nIn addition to general objections, interest groups have a number of specific criticisms of the permit program, such as requirements that there must be compensatory mitigation for impacts of some authorized activities and impacts of regional conditioning through which local aquatic considerations are addressed. Coordinating implementation of the nationwide permits between federal and state governments also raises a number of issues. Of particular concern to states is tension over whether their authority to certify the nationwide permits is sufficient to assure that state water quality standards or coastal zone management plans will not be violated. Whether the Corps adequately ensures protection of endangered or threatened species and critical habitat is an issue of concern to some stakeholders.\nIt has been more than 15 years since Congress examined the nationwide permit program in oversight hearings and in connection with bills to fund the Corps\u2019 regulatory programs. While the Obama Administration\u2019s initiatives concerning some activities that are authorized by nationwide permits have drawn congressional attention and criticism\u2014such as surface coal mining activities in Appalachia\u2014that attention has not extended to oversight of the Corps\u2019 regulatory program generally. The nationwide permit program has continued to evolve and to generate wide-ranging concerns among stakeholder and interest groups.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/97-223", "sha1": "5a2637dfe750a2f21eddbf2bd2007923ed3b1de0", "filename": "files/20160623_97-223_5a2637dfe750a2f21eddbf2bd2007923ed3b1de0.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/97-223", "sha1": "c7ac7572206557c3a1c7044778014d7bb25bcf3c", "filename": "files/20160623_97-223_c7ac7572206557c3a1c7044778014d7bb25bcf3c.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 318, "name": "Water Resources Management and Development" } ] }, { "source": "EveryCRSReport.com", "id": 414078, "date": "2012-04-05", "retrieved": "2016-04-06T21:48:57.213409", "title": "The Army Corps of Engineers\u2019 Nationwide Permits Program: Issues and Regulatory Developments", "summary": "Permits issued by the U.S. Army Corps of Engineers authorize various types of development projects in wetlands and other waters of the United States. The Corps\u2019 regulatory process involves two types of permits: general permits for actions by private landowners that are similar in nature and will likely have a minor effect on wetlands, and individual permits for more significant actions. The Corps uses general permits to minimize the burden of its regulatory program: they authorize landowners to proceed with a project without the time-consuming need to obtain standard individual permits in advance. About 90% of the Corps\u2019 regulatory workload is processed in the form of general permits.\nNationwide permits are one type of general permit. Nationwide permits, which currently number 50, are issued for five-year periods and thereafter must be renewed. They were most recently reissued in total in March 2012. The reissued permits include modification of one nationwide permit, number 21, which authorizes discharges associated with surface coal mining activities and has been controversial. \nThe current nationwide permit program has few strong supporters, for differing reasons. Developers and other industry groups say that it is too complex and burdened with arbitrary restrictions that limit opportunities for an efficient permitting process and have little environmental benefit. Environmentalists say that it does not adequately protect aquatic resources, because the review procedures and permit requirements are less rigorous than those for individual or standard permits. At issue is whether the program has become so complex and expansive that it cannot either protect aquatic resources or provide for a fair regulatory system, which are its dual objectives. Controversies also exist about the use of specific nationwide permits for authorizing particular types of activities, such as surface coal mining operations.\nIn addition to general objections, interest groups have a number of specific criticisms of the permits, such as requirements that there must be compensatory mitigation for impacts of some authorized activities, impacts of regional conditioning through which local aquatic considerations are addressed, and the need to define \u201cminimal adverse effects\u201d for purposes of implementing the nationwide permit program. Coordinating implementation of the nationwide permits between federal and state governments also raises a number of issues. Of particular concern to states is tension over whether their authority to certify the nationwide permits is sufficient to assure that water quality standards or coastal zone management plans will not be violated.\nCongressional interest in wetlands permit regulatory programs has been evident in the past in oversight hearings and in connection with bills to fund the Corps\u2019 regulatory programs. For some time, there has been a stalemate over legislation that would revise wetlands regulatory law and that could, if enacted, modify the nationwide permit program. During this time, no consensus has emerged on whether or how to reform overall wetlands policy legislatively. Recently, Obama Administration initiatives and actions intended to restrict harmful effects of surface coal mining activities in Appalachia have drawn congressional attention and criticism that is likely to continue in the 112th Congress and that could include oversight of the Corps\u2019 regulatory program generally.", "type": "CRS Report", "typeId": "REPORTS", "active": true, "formats": [ { "format": "HTML", "encoding": "utf-8", "url": "http://www.crs.gov/Reports/97-223", "sha1": "9d308d30e3cdd3d479bd57b310db18ec0aaf2f57", "filename": "files/20120405_97-223_9d308d30e3cdd3d479bd57b310db18ec0aaf2f57.html", "images": null }, { "format": "PDF", "encoding": null, "url": "http://www.crs.gov/Reports/pdf/97-223", "sha1": "e45fe442439f75a83367b520665eaaa69306bad8", "filename": "files/20120405_97-223_e45fe442439f75a83367b520665eaaa69306bad8.pdf", "images": null } ], "topics": [ { "source": "IBCList", "id": 318, "name": "Water Resources Management and Development" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc83832/", "id": "97-223_2012Jan30", "date": "2012-01-30", "retrieved": "2012-04-27T15:49:45", "title": "The Army Corps of Engineers' Nationwide Permits Program: Issues and Regulatory Developments", "summary": "Permits issued by the U.S. Army Corps of Engineers authorize various types of development projects in wetlands and other waters of the United States. The Corps' regulatory process involves two types of permits: general permits for actions by private landowners that are similar in nature and will likely have a minor effect on wetlands, and individual permits for more significant actions. The Corps uses general permits to minimize the burden of its regulatory program: they authorize landowners to proceed with a project without the time-consuming need to obtain standard individual permits in advance. About 90% of the Corps' regulatory workload is processed in the form of general permits.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20120130_97-223_4530740aa3da540bcc806fdf49441706e6988f36.pdf" }, { "format": "HTML", "filename": "files/20120130_97-223_4530740aa3da540bcc806fdf49441706e6988f36.html" } ], "topics": [ { "source": "LIV", "id": "Law", "name": "Law" }, { "source": "LIV", "id": "Licenses", "name": "Licenses" }, { "source": "LIV", "id": "Infrastructure", "name": "Infrastructure" }, { "source": "LIV", "id": "Engineers", "name": "Engineers" }, { "source": "LIV", "id": "Engineering", "name": "Engineering" }, { "source": "LIV", "id": "Environmental engineering", "name": "Environmental engineering" }, { "source": "LIV", "id": "Marine engineering", "name": "Marine engineering" }, { "source": "LIV", "id": "Water resources", "name": "Water resources" }, { "source": "LIV", "id": "Wetlands", "name": "Wetlands" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc83831/", "id": "97-223_2010Dec28", "date": "2010-12-28", "retrieved": "2012-04-27T15:49:45", "title": "The Army Corps of Engineers' Nationwide Permits Program: Issues and Regulatory Developments", "summary": "Congressional interest in wetlands permit regulatory programs has been evident in the past in oversight hearings and in connection with bills to fund the Corps' regulatory programs. For some time, there has been a stalemate over legislation that would revise wetlands regulatory law and that could, if enacted, modify the nationwide permit program. During this time, no consensus has emerged on whether or how to reform overall wetlands policy legislatively. Recently, Obama Administration initiatives and actions intended to restrict harmful effects of surface coal mining activities in Appalachia have drawn congressional attention and criticism that is likely to continue in the 112th Congress and that could include oversight of the Corps' regulatory program generally.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20101228_97-223_caf72cb60620ff2b6fdee039792145747b1c1325.pdf" }, { "format": "HTML", "filename": "files/20101228_97-223_caf72cb60620ff2b6fdee039792145747b1c1325.html" } ], "topics": [ { "source": "LIV", "id": "Law", "name": "Law" }, { "source": "LIV", "id": "Licenses", "name": "Licenses" }, { "source": "LIV", "id": "Infrastructure", "name": "Infrastructure" }, { "source": "LIV", "id": "Engineers", "name": "Engineers" }, { "source": "LIV", "id": "Engineering", "name": "Engineering" }, { "source": "LIV", "id": "Environmental engineering", "name": "Environmental engineering" }, { "source": "LIV", "id": "Marine engineering", "name": "Marine engineering" }, { "source": "LIV", "id": "Water resources", "name": "Water resources" }, { "source": "LIV", "id": "Wetlands", "name": "Wetlands" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc812330/", "id": "97-223_2008Nov17", "date": "2008-11-17", "retrieved": "2016-03-19T13:57:26", "title": "The Army Corps of Engineers\u2019 Nationwide Permits Program: Issues and Regulatory Developments", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20081117_97-223_2edd9112564e222d87ece8e97c25ade7dd46240e.pdf" }, { "format": "HTML", "filename": "files/20081117_97-223_2edd9112564e222d87ece8e97c25ade7dd46240e.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc26114/", "id": "97-223_2008Aug21", "date": "2008-08-21", "retrieved": "2010-07-07T17:39:19", "title": "The Army Corps of Engineers' Nationwide Permits Program: Issues and Regulatory Developments", "summary": "Permits issued by the U.S. Army Corps of Engineers authorize various types of development projects in wetlands and other waters of the United States. The Corps' regulatory process involves two types of permits: general permits for actions for private landowners that will likely have a minor effect on wetlands, and individual permits for more significant actions. Interest groups have a number of specific criticisms of the permits. For some time, there has been a stalemate in Congress over legislation related to this issue.", "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20080821_97-223_ceb9c41d393c12866f728c28ee92ad8790190da8.pdf" }, { "format": "HTML", "filename": "files/20080821_97-223_ceb9c41d393c12866f728c28ee92ad8790190da8.html" } ], "topics": [ { "source": "LIV", "id": "Law", "name": "Law" }, { "source": "LIV", "id": "Licenses", "name": "Licenses" }, { "source": "LIV", "id": "Infrastructure", "name": "Infrastructure" }, { "source": "LIV", "id": "Engineers", "name": "Engineers" }, { "source": "LIV", "id": "Engineering", "name": "Engineering" }, { "source": "LIV", "id": "Environmental engineering", "name": "Environmental engineering" }, { "source": "LIV", "id": "Marine engineering", "name": "Marine engineering" }, { "source": "LIV", "id": "Water resources", "name": "Water resources" }, { "source": "LIV", "id": "Wetlands", "name": "Wetlands" } ] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc810415/", "id": "97-223_2008Apr02", "date": "2008-04-02", "retrieved": "2016-03-19T13:57:26", "title": "The Army Corps of Engineers\u2019 Nationwide Permits Program: Issues and Regulatory Developments", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20080402_97-223_b7535c406de5f1594195ae3810273bd0288b7df5.pdf" }, { "format": "HTML", "filename": "files/20080402_97-223_b7535c406de5f1594195ae3810273bd0288b7df5.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc808963/", "id": "97-223_2007Jun27", "date": "2007-06-27", "retrieved": "2016-03-19T13:57:26", "title": "The Army Corps of Engineers\u2019 Nationwide Permits Program: Issues and Regulatory Developments", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20070627_97-223_32c883ee590d196c9fd9a270505625c796671713.pdf" }, { "format": "HTML", "filename": "files/20070627_97-223_32c883ee590d196c9fd9a270505625c796671713.html" } ], "topics": [] }, { "source": "University of North Texas Libraries Government Documents Department", "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc809296/", "id": "97-223_2005Feb02", "date": "2005-02-02", "retrieved": "2016-03-19T13:57:26", "title": "Nationwide Permits for Wetlands Projects: Issues and Regulatory Developments", "summary": null, "type": "CRS Report", "typeId": "REPORT", "active": false, "formats": [ { "format": "PDF", "filename": "files/20050202_97-223_923411617a5c3c292e98af787158c6b196c30515.pdf" }, { "format": "HTML", "filename": "files/20050202_97-223_923411617a5c3c292e98af787158c6b196c30515.html" } ], "topics": [] } ], "topics": [ "Environmental Policy" ] }