The U.S. Environmental Protection Agency (EPA) is authorized under Section 404 of the Clean Water Act (33 U.S.C. 1344) to participate in the regulation of the discharge of dredged or fill material into waters of the United States. This regulatory authority is exercised in partnership with the U.S. Army Corps of Engineers, which has responsibility for permit issuance, and in consultation with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. Through amendments to the original statute, a series of legal actions and court decisions, and the development of operating guidance among the responsible agencies, Section 404 has evolved into the primary mechanism afforded Federal authorities for the protection of wetlands.
EPA recognizes the importance of wetlands in achieving the goals of the Clean Water Act, which are to protect and maintain the chemical, physical, and biological integrity of the Nation’s waters. EPA Administrator Lee Thomas has identified wetlands protection as among the highest of Agency priorities. EPA recognizes that bottomland hardwood (BLH) wetlands have vital and unique attributes that, if lost, would severely impact the physical, chemical, and biological integrity of the Nation's waters. As part of a broad program to better protect the Nation's wetlands, EPA has therefore identified bottomland hardwood wetlands as a priority resource requiring special attention on a national basis.
