Wetlands Protection and Regulatory Reform Act of 1991

Wetlands Protection and Regulatory Reform Act of 1991 - Amends the Federal Water Pollution Control Act to require guidelines concerning permits for the discharge of dredged or fill material into navigable waters to accord different levels of protection to wetlands based on acreage, function, and value. Repeals a provision that authorizes the Administrator of the Environmental Protection Agency to deny or restrict the use of areas as disposal sites. Sets forth provisions concerning permit applications.

Authorizes the Secretary of the Army to issue general permits within a State for categories of wetlands or navigable waters if the State has an approved wetlands conservation plan. Requires the Secretary to monitor the progress in achieving the goal of no net loss of wetlands in relation to such permits. Limits permit terms to five-year periods. Authorizes the revocation or modification of a permit if the activities authorized by such permit have adverse environmental impacts or are more appropriately authorized by individual permits.

Exempts the discharge of dredged or fill material into navigable waters from the following activities from regulation under the Federal Water Pollution Control Act: (1) aquaculture; and (2) the construction or maintenance of an abandoned mine reclamation project which is approved by State agencies and receives funds pursuant to the Surface Mining Control and Reclamation Act of 1977.

Authorizes the Governors of States desiring to administer their own permit programs for the discharge of dredged or fill material and other alterations of navigable waters to submit State wetlands conservation plans to the Administrator.

Requires the Secretary to establish standards to govern the delineation of lands as wetlands.

Authorizes State Governors to submit State wetlands conservation plans. Sets forth plan approval procedures. Permits the Administrator, upon the request of a State, to provide technical assistance in developing such plans. Requires the Administrator, upon application of a State with an approved plan, to make grants to such State for implementing the plan. Limits the Federal share of such grants to 60 percent of the total cost of implementation. Prohibits more than 15 percent of the amount appropriated to carry out such plans from being used for grants to States. Authorizes appropriations. Reserves a specified amount of funds for wetlands conservation planning. Increases the amounts required to be reserved by States for water quality and wetlands conservation planning.

Directs the Administrator to establish: (1) a national wetlands program to promote understanding and dissemination of information on the functioning of wetlands ecosystems; (2) a national wetlands restoration and creation program; and (3) a wetlands restoration clearinghouse. Permits the Administrator to impose cost-sharing requirements on non-Federal sponsors of such activities.

Authorizes and directs the Secretary to establish a program to evaluate and demonstrate: (1) the use of constructed wetlands for wastewater treatment; and (2) methods by which such projects restore and maintain the physical, chemical, and biological integrity of U.S. waters and attain the goals of the Act. Requires the Secretary to conduct research and pilot projects utilizing constructed wetlands with a total treatment capacity of up to 200,000,000 gallons per day to determine the economic and technical feasibility of using such wetlands to treat wastewater from point and nonpoint sources. Requires priority to be given to siting projects in small and rural communities lacking wastewater treatment facilities or with substandard facilities. Directs the Secretary to establish in the Corps of Engineers an interagency working group on wetlands for wastewater treatment to coordinate and oversee such wetlands program. Directs the interagency group to report to the Congress on the use of constructed wetlands for treating sources of wastewater, together with recommendations on methods by which such wetlands might be utilized to improve local water quality.

Requires the Secretary to establish a demonstration program to determine the feasibility of utilizing mitigation banks to satisfy wetlands mitigation requirements and the goals of this Act. Defines a "mitigation bank" as a system or process of accounting under which an applicant may deposit or withdraw units measuring wetlands restoration, enhancement, and creation efforts to satisfy mitigation or compensation requirements.

Requires the Administrator to amend guidelines under the Federal Water Pollution Control Act to require consideration of property ownership and other matters in the public interest in reviewing individual and general permit applications and renewals. Directs the Secretary and the Administrator to report to the Congress on efforts to implement a specified Executive Order relating to governmental actions and interference with constitutionally protected property rights. Requires the Comptroller General to study and report to the Congress on the need and feasibility of expanding the situations requiring the preparation of a takings analysis pursuant to such Order.

Directs the Administrator to continue to provide advanced identifications of wetlands subject to regulation under the Federal Water Pollution Control Act. Requires the Secretary or the Administrator to provide public notice of any identification or delineation of wetlands subject to regulation under such Act.

Directs the Army Corps of Engineers, the Federal Highway Administration, and the Tennessee Valley Authority to develop programs to achieve no net loss of wetlands.

Requires specified Federal officials to organize public and private entities in undertaking a cooperative wetlands restoration initiative. Provides that such initiative shall focus on restoring wetlands: (1) on publicly owned lands; (2) in areas where wetlands were previously converted as a result of facilities that the Federal Government constructed, sponsored, or licensed; and (3) in association with the construction of new facilities which the Federal Government constructs, sponsors, or licenses.

Requires the Director of the Office of Technology Assessment to study and report to the Congress on: (1) incentives under Federal and State law for private individuals and entities to protect and manage wetlands; (2) modifications which may be made to Federal laws to create such incentives and increase the permanence of such protection; and (3) ways in which the Federal Government may encourage State and local governments to create additional incentives for such individuals.

Directs the Secretary to study and report to the Congress on certain fees collected for permit processing pursuant to the Federal Water Pollution Control Act and the Rivers and Harbors Appropriations Act of 1899.