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SCR111.........................................by RESOURCES AND ENVIRONMENT
CLEAN WATER ACT - WETLANDS - Stating findings of the Legislature and
directing the Idaho Department of Environmental Quality, with the
cooperation of the Department of Water Resources and other state agencies
and interested parties, to investigate state primacy for the Clean Water
Act Section 404 Wetlands Programs and report recommendations to the First
Regular Session of the Fifty-seventh Legislature.
02/12 Senate intro - 1st rdg - to printing
02/13 Rpt prt - to Res/Env
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE CONCURRENT RESOLUTION NO. 111
BY RESOURCES AND ENVIRONMENT COMMITTEE
1 A CONCURRENT RESOLUTION
2 STATING FINDINGS OF THE LEGISLATURE AND DIRECTING THE IDAHO DEPARTMENT OF
3 ENVIRONMENTAL QUALITY WITH THE COOPERATION OF THE DEPARTMENT OF WATER
4 RESOURCES AND OTHER STATE AGENCIES AND INTERESTED PARTIES TO INVESTIGATE
5 STATE PRIMACY FOR THE CLEAN WATER ACT SECTION 404 WETLANDS PROGRAMS AND
6 REPORT RECOMMENDATIONS TO THE FIRST REGULAR SESSION OF THE FIFTY-SEVENTH
7 IDAHO LEGISLATURE.
8 Be It Resolved by the Legislature of the State of Idaho:
9 WHEREAS, Idaho statutes place authority over the Clean Water Act 404 pro-
10 grams, more commonly known as the "Wetlands Programs" in the Idaho Department
11 of Environmental Quality and the Idaho Department of Water Resources, however,
12 neither agency has specific authority to seek primacy for the Wetlands Pro-
13 grams; and
14 WHEREAS, the Clean Water Act Section 404 programs for Idaho are currently
15 administered by the U.S. Army Corps of Engineers and the U.S. Environmental
16 Protection Agency; and
17 WHEREAS, primacy delegation of federal programs to the states is complex
18 and will require careful investigation into federal statutes, rules and regu-
19 lations before any delegation takes place; and
20 WHEREAS, there is evidence that there will be federal support for the
21 state to take primacy for Clean Water Act Section 404 programs.
22 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
23 of the Fifty-sixth Idaho Legislature, the Senate and the House of Representa-
24 tives concurring therein, that it is legislative intent that the Idaho Depart-
25 ment of Environmental Quality, with the cooperation of the Department of Water
26 Resources, take the lead in establishing a committee to investigate primacy
27 for the Clean Water Act Section 404 programs for Idaho. The committee should
28 include interested state agencies, federal agencies, and other parties and
29 periodically report progress to the Joint Environmental Common Sense Commit-
30 tee. If the committee determines that primacy is desirable they shall draft
31 necessary statutory changes and present them to the First Regular Session of
32 the Fifty-seventh Idaho Legislature.
STATEMENT OF PURPOSE
RS 11063
This resolution directs the Idaho Department of Environmental
Quality (DEQ) in cooperation with the Department of Water
Resources, to form a committee to investigate the merits and
consequences of the State taking primacy for the Clean Water
Act Section 404 Programs, more commonly known as the Wetlands
Programs, and report their findings and recommendations to the
legislature.
FISCAL NOTE
The cost of this work will be primarily paid by a federal grant
of $50,000. If the DEQ Committee recommends primacy and the
2002 legislature approves, it would likely take three years to
fully implement state primacy.
When fully implemented it is expected to require seven FTEs.
Some limited federal grant money to aid in primacy transition
may be available.
CONTACT: Dave Mabe, DEQ Phone# (208) 373 0194
Senator Hal Bunderson (208) 332 1000
Representative Jack Barraclough (208) 332 1000
STATEMENT OF PURPOSE/FISCAL NOTE SCR 11