Page:United States Statutes at Large Volume 104 Part 6.djvu/247

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PUBLIC LAW 101-640—NOV. 28, 1990 104 STAT. 4637 of the Corps of Engineers for the purpose of evaluating the technical and scientific long-term feasibility of such areas as a means of contributing to the attainment of the goals established by subsection (a). Federal and State land-owning agencies and private parties may contribute to such areas. (3) FACTORS TO CONSIDER. —In establishing the demonstration program under this subsection, the Secretary shall consider— (A) past experience with wetlands restoration, enhancement, and creation; (B) the appropriate means of measuring benefits of compensatory mitigation activities, including enhancement or restoration of existing wetlands or creation of wetlands; (C) the appropriate geographic scope for which wetlands loss may be offset by restoration, enhancement, and creation efforts; (D) the technical feasibility and scientific likelihood that wetlands can be successfully restored, enhanced, and created; (E) means of establishing liability for, and long-term ownership of, wetlands restoration, enhancement, and creation areas; and (F) responsibilities for short- and long-term project monitoring. (4) REPORTING. — (A) To THE CHIEF OF ENGINEERS.—The district engineer for each district of the Corps of Engineers in which a wetlands restoration, enhancement, and creation area is established under this subsection shall transmit annual reports to the Chief of Engineers describing the amount and value of wetlands restored, enhanced, and created for the area and a summary of whether the area is contributing to the goal established in paragraph (2). (B) To CONGRESS. —Not later than 3 years after the date of the enactment of this Act, the Secretary shall transmit to Congress a report evaluating the use of wetlands restoration, enhancement, and creation areas in fulfilling the goal established by paragraph (2), together with recommendations on whether or not to continue use of such areas as a means of meeting the goals established by subsection (a). (5) EFFECT ON OTHER LAWS.— Nothing in this subsection affects any requirements under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) or section 10 of the Act of March 3, 1899 (33 U.S.C. 403). (e) TRAINING AND CERTIFICATION OF DEUNEATORS.— (1) IN GENERAL. —The Secretary is authorized to establish a program for the training and certification of individuals as wetlands delineators. As part of such program, the Secretary shall carry out demonstration projects in districts of the Corps of Engineers. The program shall include training and certification of delineators and procedures for expediting consideration and acceptance of delineations performed by certified delineators. (2) REPORTS.—The Secretary shall transmit to Congress periodic reports concerning the status of the program and any recommendations on improving the content and implementation of the Federal Manual for Identifying and Delineating Jurisdictional Wetlands.