STATEMENT OF SENATOR BOB SMITH
Hearing Before the Subcommittee on Clean Air, Wetlands, Private Property and Nuclear Safety
EPA's Clean Air Budget and Army Corps of Engineer's Wetlands Budget
March 28, 2000

Good Morning. I would like to thank Senator Inhofe for his leadership in holding this hearing today on EPA's proposed budget for Clean Air Act programs. I am pleased to participate in the subcommittees hearings to take an even closer look at specific programs of the respective budgets.

The full Committee began the budget oversight process last month at a hearing with Administrator Browner on EPA's overall budget proposal for Fiscal Year 2001. I asked each of the Subcommittee Chairmen to follow up with detailed oversight hearings on each of the agency's specific programs. I commend Senator Inhofe for doing that today. I think that his hearing will be very helpful in providing the information that we need as the authorizing Committee to make informed decisions about funding for EPA.

I am especially interested in the Army Corps of Engineer's budget because since the last hearing on the Corps budget, they released a major final rule which modifies nationwide permits for wetlands.

My interest is driven by the great ecological benefit wetlands play in the State of New Hampshire. We have a vast amount and wide variety of wetlands. These range from tidal marshes, mud flats, freshwater swamps, bogs and wet meadows. These wetlands serve an important role in filtering pollutants, providing wildlife habitat, and helping with flood control.

The State of New Hampshire first recognized wetlands as a valuable resource in 1967 when it began to regulate coastal wetlands. The State has amended the law to allow more streamlined permitting while still protecting the environment. I am concerned about the impact that the Corps' new rule will have on New Hampshire's wetlands and its successful program.

The Army Corps of Engineers released its final rule to modify the nationwide permits on March 9, 2000. The rule replaces the Nationwide Permit 26 which covered development in headwaters and isolated wetlands. The new Nationwide Permit rule expands the federal permitting process for construction and development in wetlands and flood plains. There is disagreement about whether changes to the rule were needed, but I think all agree that the new rule will greatly increase the number of individual permit applications and thus increase the Corps workload.

It is that workload increase that is so important to me. The Corps has an obligation to process those permits which properly protect the environment expeditiously so not to hold up beneficial projects because of a lack of staff or resources.

I look forward to hearing the testimony and response to questions on what the estimated costs and resource demands this rule will place on the Corps districts and division commanders. Thank you.