January 6, 1994 Meraorandum-of Agreement among the Department of Agriculture, the-Environmental
Protection Agency, the Department of the Interior, and the Department of the Army concerning the
delineation of wetlands for purposes of Section 404 of the Clean Water Act and Subtitle B of the Food
Security Act. -
Interagency Questions and Answers
DEFINITION OFAGRICULTURAL LANDS
l.Q. Why doesn't the MOA's definition of agricultural land include rangeland
and forestland? ~
I'.A. The intent of the MOA is to minimize redundancy and duplication between
Food Security Act (FSA) and Clean Water Act (CWA) wetland delineation
activities. Because rangeland and forestland wetland delineations have
typically been conducted by the Corps, without overlapping delineations
conducted by the Natural Resources Conservation Service (NRCS - formerly Soil
Conservation Service) the signatory agencies saw no need to include rangeland
or forestland in the definition. The rangeland and forestland exclusion
creates a practical, identifiable distinction that can be used to identify
areas where the different delineation manuals will be used and where the
agencies will continue their traditional lead roles for wetland delineation.
The MOA signatory agencies recognized NRCS' traditional role in delineating
wetlands in consultation with FWS on intensively used and managed agricultural
lands for Swampbuster. Refer to Question 22 for more information regarding
the role of FWS. NRCS personnel are trained and experienced in making these .
'predominantly off-site delineations on agricultural lands using the National.
Food Security Act Manual (NFSAM) procedures. A significant increase in
resources would be required if the definition of agricultural lands was
expanded to include rangeland and forestland. It was determined, therefore,
that NRCS would maintain its traditional role in, identifying wetlands on
intensively used and managed lands in, consultation with FWS, and have the
Corps and EPA maintain their traditional roles on other less-intensively used
lands, such as rangeland and forestland, for the purposes of Section 404 of
the CWA.
In addition, the field staff need a straightforward means of determining the,
areas where their agency has the lead for determining wetlands jurisdiction
under the MOA. Rangeland and forestland typically are predominated by natural
vegetation that can be relied upon as an indicator of whether an area has
hydrophytic vegetation; as such, the 1987 Manual must be used to determine
jurisdiction. Conversely, cropland and other intensively used agricultural
lands typically do'not support a predominance of natural vegetation, therefore
providing no reliable indicator of whether an area has hydrophytic vegetation.
As the procedures for delineating wetlands under these two conditions are
distinct (i.e., the 1987 Manual and the FSA Manual, respectively), field staff
must be trained and experienced in applying the appropriate techniques.
2.Q. Do tree farms that have the natural vegetation replaced by planted trees
fit within the agricultural land definition?
1
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2.A. No. While tree farms typically replace native plant communities with
selected tree species, thus establishing atypical plant communities, on-site
delineation procedures contained in the 87 Manual are appropriate for the
delineation of such wetlands. The off-site procedures used on agricultural
lands were not developed for delineating wetlands in heavily managed timber
stands, particularly since mapping conventions generally are not sensitive
enough to detect differences between wetlands and non-wetlands in timber
production areas. Such sensitivity, required for accurate delineations, is
generally provided through on-site techniques, which are described in the 1987
Manual.
3.Q. Is there a time-frame associated with the term "intensively-used"? .
3.A. No, the term is independent of the time or duration of the land
management or use. The term "intensively used" refers to the degree of
management or use of lands such that the natural vegetation has been removed
and cannot be used to determine whether the area meets applicable hydrophytic
vegetation criteria in making a wetland delineation.
4.Q. For the purposes of differentiating between agricultural land and
non-agricultural land, are blueberries a wetland crop?
4.A. Blueberries, when grown or harvested under natural conditions and in the
absence of intensive land management, are not considered a wetland crop, but.
rather natural vegetation. When blueberries are grown under intensively
managed conditions, such as an orchard, such lands may be considered
agricultural lands. If the individual owner or manager is a USDA program
participant, as defined in the MOA, and blueberries are part of a larger farm
operation, then NRCS, in coordination with the Corps, would have the lead for
delineating wetlands on the land, including the blueberry area.
5.Q. If land is set aside from crop production under a USDA set-aside
program, and wetland conditions (including wetland vegetation) return, will
the land be considered agricultural land or non-agricultural land for the
purposes of the MOA?
5.A. It should be considered agricultural land, unless it has been abandoned,
as defined by the NFSAM. Cropland set aside from crop production under a USDA
set-aside program will be considered agricultural land for the purposes of the
MOA if it was agricultural land when it entered the set-aside status.
6.Q. Are lands intensively used and managed for growing turf and/or sod
considered agricultural lands under the MOA?
6.A. Yes, to the extent that such areas typically are intensively used and
managed such that the vegetation cannot be relied upon to indicate whether or
not the area would support hydrophytic vegetation.
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Interaoency MOA Questions and Answers December 12, 1994
7.Q. Are there any size limitations associated with "narrow bands" and "small
pockets" of non-agricultural lands interspersed among agricultural lands?
7.A. No, the MOA provides the flexibility for the agencies to determine the
extent of these areas based on agreements reached between the agencies in each
State. Nevertheless, it is the intent of the signatory agencies to limit
these areas to truly narrow bands and small pockets.
fc*$ To what extent does the MOA affect PL 99-349 "Exclusion of Permafrost
Soils From the Definition of Wetland?"
$D£ The MOA does not affect PL 99-349 and the exclusion of permafrost soils
in Alaska for FSA purposes. However, wetlands on permafrost soils generally
are subject to CWA jurisdiction.
$.$" What is the difference between disturbed areas and agricultural lands,
and what manual is used for each?
S.A," The term "disturbed area" typically refers to a wetland that has been
degraded or disturbed such that routine on-site delineation procedures may not
be suitable for identifying wetlands and non-wetlands. Agricultural land may
be considered a type of disturbed area, and therefore off-site procedures,
such as mapping conventions, may be the best tool when identifying wetlands in
these areas. On-site delineations on agricultural lands and delineations on.
other types of disturbed areas, such as those where unauthorized activities ,
have taken place, may be conducted using the Corps 1987 Manual "Atypical
Situations" section, ,
ALLOCATION OF RESPPNSIBILITY
1Q\Q. The Memorandum of Understanding (MOA) designates the NRCS as the lead
Federal agency for wetland determinations and delineations on agricultural
lands. In urbanizing areas, however, landowner requests for wetland
delineations are often for the purpose of urban development and may involve
activities in wetlands that require Clean Water Act (CWA) authorization. Is
it permissible for local offices of the MOA agencies to reach agreement that
the Corps of Engineers (Corps) will have the lead for wetland delineations in
such areas?
No. The agencies should not locally modify the basis upon which the
allocated lead wetland delineation responsibilities among the Federal
agencies. The MOA has affirmed the traditional role of NRCS in serving
agricultural landowners. It is more clear, less' subjective, and provides for
greater consistency to allocate delineation responsibilities between the Corps
and NRCS based on present land use, rather than upon knowledge or speculation
of intended future use. There may be circumstances, however, where it would
be appropriate for NRCS to request the Corps' assistance in meeting an urgent
demand for wetland delineation. NRCS, however,,shall remain the lead point of
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Interaoency MOA Questions-and Answers
December 12, 1994
contact among the Federal agencies for wetland delineations on all
agricultural lands and on non-agricultural lands for U.S. Department of
Agriculture (USDA) program participants.
ll.Q. Who are USDA program participants?
11.A. USDA program participants are those individual landowners or operators
who are eligible to receive USDA program benefits covered under Title XII of
the Food Security Act of 1985, as amended by the Food, Agriculture,
Conservation and Trade Act of 1990 (FACTA). Questions regarding an
individual's eligibility should be directed to the appropriate local office of
the NRCS.
, ' \
Hho is considered a USDA program participant for purposes of the MOA?
For purposes of the MOA, a USDA program participant is a client that
has an AD-1026 (Highly Erodible Land and Wetland Conservation Certification)
form on file with NRCS/Consolidated Farm Services Agency (CFSA - formerly
Agricultural Stabilization and Conservation Service).
The MOA indicates that NRCS may make determinations of other waters of
tfie United States on non-agricultural lands if requested by USDA program
participants. Why is this provision included and what guidance and manual .
will be used?
Since NRCS is in a position to provide information on other waters of
the U.S. along with wetlands information, the agencies believe NRCS should
have the latitude to provide that information to USDA program participants
where feasible. As such, NRCS may make determinations of "other waters"
consistent with Part IV.C. of the MOA. NRCS will need guidance and training
prior to making determinations of other waters for CWA purposes, and, as
stated in Part IV.C., will only make these determinations where the
interagency oversight team has agreed on local procedures and guidance for
making such determinations. The MOA does not require NRCS to make these
determinations, but provides a mechanism for NRCS to do so if the agencies
agree upon and implement local guidance and procedures.
14.Q. Whom do landowners contact if they are seeking a wetland delineation on
non-agricultural land for purposes of Section 404?
14.A. The Corps unless the landownerJs a USDA program participant. NRCS
will make the delineation in consultation with FWS and in coordination with
the Corps or EPA if the person is a USDA program participant.
If an area of agricultural land is reclassified by a local government
zoning authority to residential, commercial, or other non-agricultural use but
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Interagency MOA Questions-and Answers ' December 12, 1994
the land remains in agricultural use, which agency has the lead for conducting
wetland delineations on the land? .
NRCS has the lead. The MOA allocates lead responsibility for wetlands
BetTneations based upon the present condition of the land and the agencies'
traditional wetland delineation responsibilities. Local zoning changes should
not change the agencies' roles as designated in the MOA.
t , '
16.Q: If a non-agricultural activity is proposed that would cross
agricultural and non-agricultural land, should the project proponent go to the
NRCS or the Corps for a wetland delineation? '
16.A: If a single linear project, such as a utility corridor or highway is
proposed that would cross both agricultural and non-agricultural lands, the
Corps would have the lead for the wetland delineation for the project. The
Corps would consult with NRCS and rely on previous wetland delineations made
by NRCS in accordance with the MOA.
17.Q. Why is NRCS required to coordinate with the Corps or EPA for wetland
delineations on large tracts of non-agricultural lands, but not for wetland
delineations on narrow bands and small pockets of non-agricultural lands
immediately adjacent to or interspersed among agricultural lands?
17.A. NRCS has traditionally delineated small pockets and narrow bands of .
wetlands that occur in agricultural lands as part of the wetland mapping and .
inventory effort, particularly since those types of wetland areas have a high
potential for conversion to agriculture. In contrast, the delineation of
large areas of non-agricultural lands is not amenable to the application .of
the off-site delineation procedures commonly used by NRCS, and instead would
typically, require the use of on-site techniques as contained in the 1987
Manual. Thus, in order to expand NRCS delineation on non-agricultural lands
beyond small, incidental inclusions, a significant increase in NRCS training
and field resources would be required.
18.Q. In states that have assumed the Section 404 program, what agency will
be responsible for making wetland delineations on agricultural land?
18.A. In states that have assumed the Section 404 .program, the state will
make the delineations on agricultural lands for the purposes of Section 404
only in the waters in which the state has assumed the Section 404 program. In
categories of waters for which the State has not assumed the program, the MOA
applies.
19.Q. Can landowners hire private consultants to make wetland delineations of
agricultural land?
19.A. Individuals routinely hire consultants to conduct delineations for
Section 404 purposes, and such delineations are submitted to the Corps or EPA
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Intel-agency -MOA Questions and-Answers December 12, 1994
for review or approval. Similarly, NRCS will review delineations on
agricultural lands performed by private consultants on behalf of landowners.
These delineations will be carefully reviewed on an individual basis, and .a
determination will be made by NRCS as to the acceptability of the delineations
for FSA and Section 404 purposes.
20.Q. If a landowner obtains a wetland delineation from a private consultant,
to whom should the landowner submit the delineation for approval?
20.A. The agencies will process the landowner's request for approval of a
consultant's delineation in accordance with the MOA in the same manner as a
landowner's request for a delineation will be processed. For example, NRCS
will have the lead for approval of consultant delineations on agricultural
lands and NRCS's decision will be recognized by the Corps and EPA for the
Section 404 program.
21.Q. When will NRCS begin making delineations for Section 404 purposes on
agricultural lands?
21.A. The MOA provides that only mapping conventions concurred upon by all
signatory agencies will be used by NRCS for wetland delineations, and
establishes the process for mapping convention development, review and
approval in Part V.A. of the MOA. In addition, the MOA provides that
delineations on agricultural lands must be performed by personnel who are
trained in the use of the NFSAM, and delineations on non-agricultural lands
must be performed by personnel who are trained in the use of the 1987 Manual.
The specific provisions for training are contained in Part V.E. of the MOA and
discussed in Question 50.
When the requirements of the MOA relative to these delineation issues are met
by NRCS, NRCS will begin the-delineation of wetlands on agricultural lands for
the purposes of determining Section 404 jurisdiction.
How will the tiered process of NRCS providing a determination which may
Eerefined by an on-site delineation at a later date work?
«
Once mapping conventions are agreed upon and NRCS personnel are
adequately trained, off-site wetland determinations and on-site wetland
delineations will be valid for both FSA and CWA. A tiered process for on-site
delineations should be developed on a state-by-state basis to be activated
when manipulation of sites on which NRCS has made positive wetland
determinations is planned. NRCS is revising the SCS-CPA-026 (Highly Erodible
Land and Wetland Conservation Determination) form to indicate to landowners
that wetland determinations represent approximate wetland boundaries and
proposals to manipulate wetlands identified will require an on-site
delineation from NRCS and may subsequently require contact with the Corps for
CWA purposes.
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Interagency MOA Questions and Answers .<
December 12, 1994
A flow chart describing the tiered determination/delineation process as
developed during the May 1994 interagency MOA meeting' in St. Paul, Minnesota
follows: ''."' v ...'. ! :
Tiered approach to wetland determinations/delineations.
NRCS Certified
Determination 1
Good for FSA & CWA
for 5 years unless
recertified
^Yes--
No Action Required
-NO
or Non-wetland
-No-
r
NRCS notifies landowner
with note that any
"manipulation" 2 of wetland
will first require a
delineation
I
Landowner proposes
manipulation
-Yes-
NRCS does on-site
delineation
Final FSA/CWA jurisdiction.
call - Good for 5 years
All certified wetland determinations are valid for FSA and CWA for 5 years.
Manipulation (see NFS AM 514.20) is the alteration of hydrology and/or the removal of woody
vegetation (including stems and stumps) on a wetland. Hydrology alterations that are considered
manipulation may result from: darns, dikes, ditches, diversions, subsurface drains, pumps, terraces, and
the discharge of dredge or fill material (i.e., including mechanized land clearing and excavation of
ditches and dugouts). These measures may alter hydrology even if installed off-site from the affected
wetland. . .
Attach to SCS-CPA-026 a statement that the determination is an indication of approximate wetland
boundaries. Proposals for manipulation of wetland will require an on-site delineation from NRCS and
may subsequently require contact with the Corps of Engineers for CWA purposes* ,;,,, . , -
RELATIONSHIP BETWEEN THE FSA AND CHA AND OTHER PROGRAMS
23.Q. Has the MOA made NRCS responsible for implementing.Section 404 on all
agricultural lands?
23lA. No, the MOA only allocates the responsibility for the delineation of
wetlands on agricultural lands to, NRCS, in consultation with FWS. The Corps
and EPA will continue to regulate activities that involve the discharge of
1
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. Jnteraoency MOA Questions and Answws . . . :. .../-,.".. ,';&r.^ ', 1; December'12,1994 "
dredged or fill material into waters of the U.S., including wetlands, pursuant
.' to Section 404 of the Clean Water. Act. . . ;
24.Q. Does the MOA supersede or rescind agreements entered Into previously by"
any of the signatory agencies, such as local agreements between EPA and FWS
regarding;Section 404 enforcement or the 1984 Wetlands Technical Assistance
HOU between NRCS and Farmers Home^Administration? '
24.A." No. Other than giving NRCS the lead for wetland delineation on
agricultural lands for the purposes of Swampbuster and Section 404, the MOA
does not affect previous policy, procedures or agreements established between
any of the signatory agencies. . . ,
25.Q. Under what circumstances will NRCS accept Corps or EPA delineations for
Swampbuster? -' ' ."..', ; -; . ' _
25.A. NRCS will accept.Corps or EPA wetland delineations for purposes of
determining Swampbuster jurisdiction in situations where a delineation has
already been made.by the Corps or EPA in conjunction with a potential CWA
violation, and where NRCS has not made .a final delineation.- NRCS will use ;
such delineations in the appeals process, if any.
* - ' . ' i - - . '
26.Q. How does the MOA affect the Section 404 permit process? .."
26.A. The Section 404 permit process (e.g., permit application, public
notice, comment period, etc.) are not affected by the MOA. As discussed in
question 13, the MOA only allocates the responsibility of delineation 6f
wetlands on agricultural lands to NRCS, not the implementation of the
regulatory program.
27.Q. Will the MOA affeet'.EPA's authority under Section 404(c)?
27.A. No. The MOA has no effect on EPA's authority under Section 404(c).~
28.Q. Has the role of FWS changed as a result of the MOA? I/ ,^ , ; ; :
28.A. No. NRCS is required by FSA to consult with FWS on wetland issues
involving Swampbuster. With regard to the Section 404 program, FWS has the'
opportunity to review and comment on all proposed individual permit activities
through the public notice process. FWS will continue its USDA technical
assistance role.during the- implementation of Swampbuster, as well as comment
on proposed activities under review by the Corps. '
29.Q. How does the MOA affect State and local wetlands programs? ,
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Interagency MO A Questions and Answers December 12, 1994
29. A. The MOA creates no new, explicit policies binding upon State or local
agencies. Nevertheless, certain state and local government agencies currently
rely upon wetland delineations conducted for the purposes of Section 404 in
the implementation of their own programs, and those agencies should recognize
that NRCS will now conduct some portion of those delineations as per the
provisions of the MOA.
Under the MOA, will a Corps CWA permit allow USDA participants to
manipulate a wetland and remain eligible for USDA program benefits?
No. The MOA does not supersede the requirements of the CWA and -FSA.
There will be cases where an activity authorized under CWA could result in a
swampbuster violation. Likewise, there are cases where FSA-exempted
activities (such as Converted Wetland Non-Agricultural Use (CWNA)) are
regulated under CWA. To handle any differences that may exist between CWA and
FSA regarding authorization of activities in wetlands, the agencies should
advise persons who propose activities in wetlands to contact both NRCS and the
Corps to ensure authorization under both programs.
31X1^ Does the MOA affect implementation of the Endangered Species Act or
other environmental laws?
1 v ' . '
3i',A\ No. The MOA is an agreement among the signatory agencies on wetland ,
deTTneation only for purposes of FSA and CWA. The requirements and
implementation of these and other programs are not otherwise affected.
INTERAGENCY COORDINATION PROCEDURES AND ENFORCEMENT .
-. ' j '
32. Q. What will the role of the Corps and EPA be in NRCS wetlands
delineations on agricultural lands? . .
32. A. The MOA provides specific opportunities for Corps and EPA involvement
.in NRCS wetland delineations on agricultural lands. This will primarily occur
through the interagency concurrence on mapping conventions, the wetland ,
delineation certification process, and the EPA and Corps programmatic review
of NRCS delineations. These functions are designed to achieve interagency
consistency in wetland delineations on a programmatic basis, thereby avoiding
the difficulties inherent in case-by case dispute resolution.
33. Q. Why are delineations made by NRCS on non-agricultural lands for program
participants done so in coordination with the Corps or EPA?
33. A. At this time, the agencies believe that proper coordination is
necessary to .ensure that there is consistency between NRCS wetland
delineations on non-agricultural lands and those made by the Corps and EPA.
Typically, delineations on non-agricultural lands require the use of on-site
procedures, and NRCS is not as experienced as are the Corps and EPA in the
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Interagency MO A Questions and Answers December 12, 1994
application of the 1987 Manual for such purposes. By working with more
experienced delineators in the Corps and EPA, NRCS field personnel will have
the opportunity to become proficient in the use of. the 1987 Manual- and on-site
delineations, thereby ensuring the accuracy and consistency of wetland
delineations among the agencies.
34.Q. Why is there a 45-day time frame required for coordination, and how
does it relate to existing Section 404 program time frames?
34.A. Section VI.A. defines the term "coordination" as the Corps or EPA
review, comment and approval of NRCS wetland delineations. The 45-day
coordination period begins for the Corps or EPA with the date of receipt of
all pertinent information from NRCS. This time frame is not related to the
Corps or EPA deadlines for processing permit applications or any other aspect
of the Section 404 program. The agencies believe the 45-day time frame is a
reasonable period of time for the Corps or EPA to review the delineation
documentation, conduct an on-site field inspection, if necessary, and to
provide NRCS with a response as to the acceptability of the delineation for
Section 404 purposes. Furthermore, if a 404 permit application is involved,
the Corps will generally.respond within 30 days.
35.Q. What role will NRCS have in Clean Water Act enforcement?
35.A. If within the course of administering their responsibilities, NRCS
personnel observe activities that may require Clean Water Act authorization,
they will advise the local Corps District. Any ensuing CWA enforcement will
be handled by the Corps or EPA consistent with the Army and EPA Enforcement
MOA dated January 19, 1989.
In pursuing enforcement activities, the MOA signatory agencies will rely upon
delineations made by the lead enforcement agency, providing a single Federal
delineation for potential violations of Section 404 and/or Swampbuster. To
avoid potential conflicts among the agencies regarding a delineation for an
enforcement case, Part IV.K. of the MOA .includes provisions for appropriately
identifying and recognizing the lead enforcement agency. ,
gpQ What role will NRCS play with regard to CWA enforcement? If an NRCS
employee observes a potential CWA violation, what procedure should be
followed?
|pjfl Any Federal employee (Corps, NRCS, Environmental Protection Agency
(EPA), Fish and Wildlife Service (FWS)) who observes a potential violation of
Federal statute must report the violation to the appropriate enforcement
agency. Suspected CWA violations should be reported, to the Corps; suspected
Food Security Act (FSA) violations should be reported to NRCS or CFSA. The
procedure for reporting suspected violations should be developed and agreed-to
on a state-by-state basis.
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Interagency MOA Questions and Answers December 12, 1994
Does the MOA provide a mechanism for merging and streamlining the CWA
permit application review process and the coordination procedures between NRCS
and FWS under FSA? .
Sfl&V No. The MOA by itself does not provide a mechanism for integrating
'implementation of CWA and the FSA beyond the wetland delineation process.
However, the Administration's August 1993 wetlands plan includes a commitment
to develop nationwide permits to authorize some regulated activities that
obtain FSA exemptions contingent upon NRCS and FWS agreement (e.g., minimal
effect and mitigation on frequently cropped wetlands).
ISJf^ What are the roles of State agencies in disputed cases of wetland
delineations on agricultural lands?
3£l'Ar The MOA addresses the roles of the four signatory Federal agencies
only.' No new roles are defined for State agencies, and although State
agencies may provide technical input, they generally would not be involved in
the resolution of differences among the Federal agencies regarding wetlands
delineations on agricultural lands.
\ . , . ^ * . .
Bf»C Do determinations on inclusions of non-agricultural lands inside large
tracts of agricultural land need to be coordinated with the Corps?
. No. NRCS does not need to coordinate with the Corps on determinations
or delineations on non-agricultural inclusions if they are identified off-site
by NRCS using agreed upon mapping conventions which are able to properly
identify non-ag lands, consistent with the 1987 Corps Manual. Once NRCS
personnel have received the required training on the Corps 1987 Manual (Part
V.E.I.), they may make on -site determinations of either narrow bands
immediately adjacent to, or small pockets interspersed among, agricultural
lands without coordination with the Corps.
DELINEATION REVIEW AND OVERSIGHT
40,C Are a11 wetland determinations previously made for FSA on
*non- agricultural" land now invalid?
46.A, Wetland determinations, on non-agricultural lands that meet the quality
criteria as set forth in the jointly approved mapping conventions will be
certified for use for both CWA and FSA. Determinations previously made on
non-agricultural lands through means other than use of jointly approved
mapping conventions must be rechecked to ensure they meet quality criteria
using the new mapping conventions.
41. Q. If the Corps or EPA exercises the option to declare a "special case" in
a specific geographic area, what will be the effect on the timeliness with
11
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Interagency. MO A Questions and-Answers December 12, 1994
which landowners obtain wetland delineations for the purposes of CWA Section ,
404? .
41.A. If an area is designated a "special case" under the MOA, the NRCS
cannot make the wetland delineation for Section 404 until final guidance
addressing the concerns raised in the special case is issued by the Corps or
EPA. During that interim period and within the special case area, the Corps
would strive to prioritize the delineation of those sites for which activities
regulated pursuant to Section 404 were proposed over the delineations of sites
for which no 404 activity was proposed. In addtion, as is common practice in
the Section 404 program, project proponents could employ the services of a
qualified consultant to perform the delineation during the interim period and
submit the delineation directly to the Corps for review.
42.Q. For the purposes of the first-year Interagency quarterly review of NRCS
wetland delineations, when will the first year begin?
42.A. The first year began on October 1,'1994. The first quarterly report is
due on January 31, 1995.
DELINEATION METHODS AND PROCEDURES
43.Q. What are the differences between the wetland criteria and procedures to
be used on agricultural lands (i.e., the,National Food Security Act Manual)
and those to be used on non-agricultural lands (i.e., the Corps 1987 Manual),
and what is the practical implication of those differences?
43.A. The two manuals differ slightly in the wetland hydrology and wetland
vegetation criteria. The agencies have worked together to minimize the
inconsistencies between the two manuals, and the slight differences between
the criteria in the two manuals should have no practical effect. It should be
emphasized that under the provisions of Section IV of the MOA, the two manuals
will not both be used for any single wetland area. The NFSAM will be used to
delineate wetlands on agricultural lands and the 1987 Manual will be used on
non-agricultural lands.
Most NRCS delineations have been and will continue to be done on cropland
using the NFSAM. The critical criteria in the NFSAM for cropped wetlands are
in the definitions of prior converted cropland and farmed wetland. To be
delineated as farmed wetland and subject to both Swampbuster and CWA Section
404, a cropland'area must be inundated by ponding or flooding during the
growing season for at least 15 consecutive days or a number of consecutive-
days greater than or equal to 10% of the growing season in most years,
whichever is less. For cropped playas, potholes and pocosins, ponding for at
least 7 consecutive days or saturation for at least 14 consecutive days during
the growing season in most years is required. The NFSAM recognizes a number
of data sources that can be used to determine whether or not these criteria
are met, including aerial photographs, climate data, and site-related
hydrologic data. The NFSAM procedures for on-site delineations of
-.4 . '
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Interagency MOA Questions «nd Answers December 12, 1994
agricultural lands are similar to those found in the 1987 Manual for natural
wetlands, and include hydrology indicators, soils indicators and remotely
sensed data.
For non-agricultural lands, the 1987 Manual and supplemental guidance on
wetland hydrology criterion requires that an area be ponded, flooded, or
saturated to the surface during the growing season in most years for a number
of consecutive days equivalent to at least 5% of the growing season. The 1987
Manual includes a number of field indicators for use in determining whether
this criterion is met, with an emphasis on on-site observations.
-','. . .;-...'- ' '
44. Q. What manual will be used for on-site wetland delineations'on
agricultural lands and non-agricultural lands?
44.A. The 3rd edition of the NFSAM will be used for conducting on-site and
off-site delineations of agricultural lands. For on and off-site delineations
of non-agricultural lands, the 1987 Manual will be used. As discussed in
Question 52, training in the NFSAM and the 1987 Manual is required in order to
conduct on-site delineations on agricultural land, and non-agricultural land,
respectively. ;
45.Q. How will NRCS delineate "other waters" for Section 404 purposes?
45.A. Delineations of "other waters" that are regulated pursuant to Section
404 of the CWA, may be made, by NRCS only after the interagency oversight team.,
convened pursuant to Section V.B.2. of the MOA, has agreed on appropriate
local procedures and guidance for the delineation of "other waters" by NRCS.
In many instances, properties on which NRCS is identifying wetlands also
contain other waters of the United States, such as rivers arid Takes. These
waters are not wetlands, and may not be identified by NRCS mapping
conventions. These waters, while not regulated by FSA, are subject to Section
404 jurisdiction. Thus, in order to streamline the federal process of
identifying all waters that may be subject to regulation, the MOA provides for
the delineation of "other waters" by NRCS in coordination with the Corps or
EPA.
46.Q. Does the MOA require the NRCS field office personnel to go on-site
before wetland delineations are made final and used by the Corps or EPA for
Section 404 purposes?
\
46.A. It is dependent upon the degree to which site-specific delineation
precision is required. The use of off-site mapping conventions will likely
continue to be the most common method for delineating wetlands on agricultural
lands. The wetland mapping conventions, which interpret a combination of
remotely sensed data, such as low-altitude aerial photography, soil survey
maps, and Fish and Wildlife Service National Wetland Inventory maps, along
with the processes in the MOA for interagency review and oversight, are
-intended to ensure that off-site delineations made by NRCS are of the
appropriate accuracy for use in the Section 404 program.
" , , ''',/ -
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Interaoency. MO A.Questions and Answers .December ,12, 1994
If detailed, site-specific information is needed to precisely delineate a
wetland boundary, a field delineation by NRCS is required. The NFSAM contains
specific technical guidance on the application of on-site delineation
procedures, and advocates on-site delineations wherever off-site procedures
are deemed inadequate to accurately delineate wetlands.
One of the primary purposes of the MOA is to provide landowners with a
single unified Federal position regarding the identification of wetlands on
their property. How do you reconcile this policy with the fact that two
different wetland delineation manuals (the National Food Security Act Manual
(NFSAM) and the Corps 1987 Manual) will be used to identify wetlands,
potentially on adjacent tracts within the same property?
There are differences between the wetland criteria of the NFSAM and
Corps 1987 Manual. However, it should be recognized that, under the MOA, for
any single area, one or the other of the manuals will be applied, depending
upon whether the area is agricultural or non-agricultural land. We intend to
reconcile the technical differences in the manuals following receipt of the
report from the National Academy of Sciences/National Research Council
Committee for the Study of Wetlands Characterization. We expect to receive
that report in March, 1995.
Manual differences notwithstanding, the MOA minimizes duplication of effort
and potentially conflicting wetlands determinations by the Federal agencies,
simplifying the interface between landowner's and the Federal government'
regarding wetlands.
. Which criteria, indicators and procedures should be used when on-site
tions are atypical or disturbed, and a reference, site must be used?
_ If on-site conditions are disturbed to the point that a natural,
undisturbed reference site must be used to evaluate wetland parameters, the
criteria, indicators and procedures contained in the 1987 Corps delineation
manual shall be applied for delineation purposes.
In clarification of the NFSAM section on disturbed site investigations, the
appropriate soils sections of the 1987 Corps manual should be used, in
addition to the Field Indicators of Hydric Soils contained in Section* III of
Part 527.4, to indicate if the soils criterion is met. -Paragraphs 1 and 3
(pages 527-73 - 74) of the Disturbed Areas portion of Part 527.4 should refer
to Section III for indicators, not Section II. '
_ _ Will NRCS use the NFSAM for non-agricultural lands and wetlands
adjacent .to and small pockets within agricultural lands?
No. NRCS will use the NFSAM on agricultural lands and the 1987 Corps
Manual on non-agricultural lands, which includes off-site procedures. These
off-site procedures may be incorporated into mapping conventions developed and
agreed to at the state level. In addition, the agencies at the state level
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Interagency -MO A -Questions and Ansi/vers
December; 12, 1994
may wish to further define the size of "narrow bands and/or pockets" through
the mapping conventions.
Does the Corps require a metes and bounds survey of wetland
delineations for CWA purposes?
SOTC Generally not. However, in situations where the Corps is issuing a
permit for fill in wetlands, additional information, such as surveys or some
other mechanism to ensure recoverable points on the ground, may be required of
the landowner (but not NRCS) to verify permit compliance.
51,CT» Which edition of the NFSAM will be used for making wetland
determinations and certifications? > .
||VAV NRCS will follow the wetland determination and certification processes
contained in Chapter 514 of the NFSAM Third Edition (current version).
₯f;;C£ Does the requirement for on-site delineations where a wetland
conversion is proposed make off-site determinations meaningless?
No. Off-site conventions have been developed to locate approximate
wetland boundaries and, as such, are most useful for planning purposes. :
However, f or , proposed manipulations, precise wetland boundaries must be known;
thus, on-site wetland delineations are necessary in these situations. If an
area is determined to be non-wetland through off-site procedures (approved
mapping Conventions), and no wetlands have been identified anywhere near a ;
proposed project site, then no additional on-site work is necessary. :
BXfT If Corps personnel conduct wetland determinations on agricultural lands
using the NFSAM, will they assign FSA labels (e.g. AW for artificial wetland,
FW for farmed wetland, etc.) for use by NRCS?
53*A* No- F°r CWA> a determination is made as to whether an area is or is
hot wetland. NRCS will continue to be responsible for assigning labels for
FSA purposes.
54:$; Section 513. 3(e) of the NFSAM states that NRCS District
Conservationists (DC's) can change wetland determinations based on " input from
local residents." Is a drainage system work sheet showing existing tile
considered "input from local residents" such that the DC can change a wetland
identified by approved mapping conventions to PC based on this information?
S4.&. No. If mapping conventions reveal an area to exhibit wetland
signatures over the long -term. average conditipns, the area shall not be
changed to PC . ,
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Interagency MOA-Questions and -Answers
December 12, 1994
|g What constitutes "current national Corps guidance" on the Corps 1987
anual, as referenced in Part IV, Allocation of Responsibility, paragraph D,
page 3, of the MOA?
Current national Corps guidance refers to the October 7, 1991,
Questions & Answers and the March 6, 1992, Memorandum "Clarification and
Interpretation of the 1987 Manual" issued by Corps Headquarters on use of the
1987 Manual.
HAPPING CONVENTIONS
56.Q. What are wetland mapping conventions?
56.A. Mapping conventions are state-specific procedures to interpret and
correlate off-site and remotely sensed data to long-term hydrologic
conditions. In areas where the natural vegetation has been removed and where
hydrology may have been modified, off-site techniques may be necessary to
correctly elucidate long-term wetland conditions. Thus, mapping conventions
are generally applicable to repeatedly disturbed areas, such as crop fields.
Mapping conventions may vary slightly by state or region in response to
regional differences in wetland characteristics and the availability of
off-site data. The NFSAM contains guidance for use in developing these
conventions. .
57,Q. Under the MOA, will new mapping conventions be developed for every
state?
57.A. Not necessarily. The MOA requires the concurrence of the signatory
agencies on the mapping conventions used to delineate wetlands on agricultural
lands in the future. Previously, NRCS worked with the FWS and State Technical
Committees to develop mapping conventions; the other signatory agencies were
rarely involved. In many states, the interagency oversight teams may find
that previously developed mapping conventions are acceptable without
modification; in other states, mapping conventions may require refinement. By
obtaining concurrence of all four signatory agencies on mapping conventions,
the agencies ensure that the best off-site procedures will be used for
delineating wetlands subject to both Swampbuster arid Section 404.
58.Q. What is the relationship between the interagency mapping convention
review and approval process and the certification process?
58.A. Once mapping conventions are agreed to by the agencies, an evaluation
of the accuracy of delineations conducted by NRCS prior to the effective date
of the MOA will be conducted by the interagency oversight team as part of the
certification process. If, during this review," two of the four signatory
agencies agree that NRCS wetland delineations in a certain area, or a generic
class of wetlands in a particular area, are inaccurate, those delineations
will be given high priority for certification.
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' Interagency MOA Questions-and 'Answers
December 12, 1994
For those certifications done after the effective date of the MOA that require
the use of mapping conventions, the agreed-upon mapping conventions resulting
from the interagency review process will be used.
! , ' . . " ',>'./- '
59.Q. What is the process if the agencies cannot agree on mapping conventions
within the 120 day time-frame?
59.A. If unresolved issues prevent agreement on the mapping conventions at
the state level, and all attempts to reach agreement between the agencies have
been exhausted, such unresolved issues will be elevated to the headquarters
offices of the signatory agencies for resolution.
PREVIOUS DETERMINATIONS AND DELINEATIONS, CERTIFICATION, AND RECERTIFICATION
60.Q. When are previous NRCS wetland delineations acceptable for^Section 404
purposes?
60.A. The MOA established a certification process for those NRCS delineations
made prior to the effective date of the MOA to determine their use for Section
404. Based on the findings of the certification process, existing NRCS
wetland delineations on agricultural lands and those small pockets' of '
non-agricultural lands interspersed among agricultural lands may be relied :
upon for establishing CWA jurisdiction. However, previously made NRCS -
delineations may not apply to Section 404 in certain areas where problems with
mapping conventions or the application of mapping conventions have been
identified by the interagency oversight1 team. Specifically, where two of the
four signatory agencies agree that NRCS wetland delineations in a certain
area, or a generic class of wetlands in a particular area, are inaccurate,
those delineations will be given high priority for certification by NRCS.
Until the high priority certification is completed, and the requisite
corrective measures are taken, wetland delineations in that area may not be
relied upon for. Section 404 purposes. In the interim, the Corps will provide
delineations in that area for 404 purposes.
61.Q. Under the provisions of Paragraph IV. G. of the MOA, a final written
delineation made by NRCS will be adhered to by all the signatory agencies for
five years, unless new information warrants revision of the delineation before
the expiration date. What constitutes "new information"?
61,A. The MOA gives two examples of the kind of new information that could
warrant revision of a delineation before 'its expiration date: data on
landscape changes caused by a major flood; or a landowner's notification of
intent to abandon agricultural use associated with the return of wetland
Conditions on a prior converted cropland. The MOA also provides flexibility
for consideration of other types of new information that would warrant such
revision of a delineation.
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Interaoency MOA Questions and Answers December 12, 1994
62.Q. What is the landowner's responsibility in regard to the expiration of
the delineation?
62.A. Upon the expiration of the existing delineation, landowners should
contact the agency that conducted the delineation, particularly if they intend
to alter the wetland area. At that time, NRCS will conduct a new delineation.
In addition, NRCS intends to update the delineations every five years, and
will notify landowners of the new delineations.
63.Q. How will the new priority certification process change NRCS's wetland
delineation certification process?
63.A. The process by which NRCS will conduct and prioritize wetland
certifications is established in Part V.C. of the MOA. The certification
process remains an important tool by which NRCS ensures the accuracy of its
wetland delineations, and is required by FSA for all wetland delineations made
prior to 11/28/90. -Because these delineations, as well as more recent ones,
may be relied upon for the purposes of Section 404, it is necessary for their
accuracy to be reviewed by an interagency oversight team. The interagency
oversight team will determine the technical acceptability of mapping
conventions used to make delineations prior to 11/28/90, and the degree of
accuracy in which those conventions were applied, to determine where to
prioritize certification efforts. This process of prioritization differs only
slightly from that mandated by FSA in that the signatory agencies, rather than
NRCS alone, may identify delineations in need of re-evaluation.
Because of the nature of off-site delineations, NRCS has always anticipated
that some inaccurate wetland delineations have been made that will require
correction through the certification process. While allowing the signatory
agencies to jointly identify such errors may increase the number of priority,
certification areas, the agencies jointly believe that the process will
improve the overall validity and reliability of NRCS delineations, which in
turn benefits the landowner and the wetland resource.
Many USDA program participants already have wetland determinations. Is
fication of these determinations subject to interagency review?
Yes. The state interagency oversight team must review the accuracy of
previous NRCS wetland determinations made on agricultural lands by NRCS within
that state. If this review finds that previous determinations are adequate
(see Part V.C. of the MOA), and there are no problem areas identified (through
two of the four agencies identifying priority areas for certification), then
previous determinations made by NRCS on agricultural lands will be considered
certified. Subsequent determinations will be certified only if any off-site
procedures used, employ mapping conventions agreed to by the four signatory
agencies- In addition, all certified determinations are subject to review as
part of the oversight procedures contained in the MOA.
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Interagency MO A Questioning .Answers December 12 1994
65.Q. How will the signatory agencies in a state know if the accuracy of
previous NRCS delineations on agricultural lands are suitable for Section 404
purposes? (
65.A. Through the review of mapping conventions, or based on previous
experience with NRCS delineations, the agencies will be aware of accuracy
problems with previous NRCS wetland delineations on agricultural lands. In
other instances, interagency oversight procedures will be used to check the
accuracy of previous delineations, with an emphasis on field verification. If
accuracy problems are found through these oversight procedures,
recertification priorities can be adjusted accordingly, and if necessary,
Section 404 applicability of previous delineations may be suspended by EPA or
the Corps, as appropriate, until recertified.
For example, NRCS procedures previously allowed the application of scope and
effect drainage calculations for delineation purposes on wetlands that were
manipulated through installation of drainage systems in the past, but still
exhibit wetland conditions. Because of changes in the 3rd edition of the
NFSAM that disallow this practice, maps produced using this practice will most
likely need to be revised.
66.Q. What is the process for updating certified wetland maps?
66.A. The 1990 Farm Bill requires that certified NRCS wetland maps be
periodically updated. NRCS will conduct such updates on a five-year cycle
using the agreed-upon mapping conventions developed by the interagency
oversight team. Updated maps will be subject to interagency review and
oversight as detailed in Part V.B. of the MOA.. Such updating occurs
subsequent to the certification of wetland maps, the process for which is
detailed in Part V.C. and discussed in Question 39.
67.Q. Why are NRCS delineations on agricultural lands valid for the purposes
of FSA and Section 404 for five years, while Corps delineations for 404
purposes are valid for as little as three years?
67.A. By establishing a five-year update cycle for NRCS delineations, the MOA
is reconciling the current differences between the effective period of Section
404 delineations and FSA delineations, which are three to five years and ten
years,, respectively. To further close the gap between the two agencies, the
Corps intends to reissue Regulatory Guidance Letter 90-6 to provide that Corps
districts generally make written delineations valid for 5 years.
68.Q. In cases where NRCS delineations in a geographic area are being
reevaluated under the high priority certification process, will all landowners
in the geographic areas be notified by letter as to the status of their
delineations?
68.A. No. Only persons who are USDA program participants will be notified of
the high priority certification status of their existing wetland delineation.
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Interagency MOA Questions and Answers December 12, 1994
It is impracticable and unnecessary to identify all non-USDA participants in
the area as such persons will not typically be aware of the NRCS mapping
efforts. .
/ , . .',*..
69.Q. Through the certification process, can PC's be changed to PR's, and
vice versa?
69.A. Yes. The purpose of the certification process is to identify and
correct inaccuracies in original wetland delineations that have relied heavily
on off-site procedures. The agencies recognize that large-scale, off-site
delineation efforts can result in incorrect wetland delineations, and that
some areas designated PC will, upon closer examination, be changed to FW, and
vice versa. Furthermore, the procedures in the NFSAM have been revised such
that wetland delineations in crop fields will rely more heavily on the
exhibition of long-term wetland conditions rather than the scope and effect of
existing.drainage systems if maintained to maximum efficiency.
* ' >*
70.Q. In many states, NRCS has prepared wetland inventory maps, using mapping
conventions, that identify "potential wetland areas." Since landowners have
not had the opportunity to appeal these wetland inventory maps, these
potential wetland areas are not considered final wetland delineations by NRCS.
How will these wetland inventory maps and the potential wetland areas be
treated in the certification process?
70.A. Wetland inventory maps depicting wetlands on agricultural lands will be
subject to the same interagency review for accuracy in the certification
process as would other previously made NRCS wetland delineations.
The MOA provides that final written wetland delineations (and
determinations) by NRCS will be adhered to by all the signatory agencies and
will be effective for a period of five years from the date the delineations
are made final, unless new information warrants revision of a delineation
before the expiration date. Do off-site NRCS determinations stand for five
years even if an on-site inspection reveals errors?
No. It is the responsibility of the signatory agencies to correct
errors in wetland determinations and delineations when they are discovered.
The five-year shelf-life of wetland determinations and delineations does not
obviate that responsibility.
P| When did NRCS begin making wetland determinations for FSA purposes, and
will previous determinations be used?
NRCS began making wetland determinations in 1986 and continued through
May'of 1991 for FSA purposes only. NRCS shall resume making determinations in
each state as soon as mapping conventions are agreed to. The certification
process will evaluate previously completed determinations to ascertain if they
meet the quality criteria established by the approved mapping conventions.
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Interagency MOA Questions and Answers ..t .!:-.,.., . .i,i.-.j ;',....i,'!-. «-- -T, « ;..!., .December 1.2;'-1994
t;
This process will ensure that all past determinations deemed acceptable by the
agencies at the state. level and those completed in the future will be
applicable for CWA and FSA purposes.
Where wetland determinations have been completed in a state for FSA,
must all these determinations be recertified?
The 1990 Food,. Agriculture, Conservation and Trade Act of 1990 requires
existing wetland determinations to be certified by NRCS. All wetland
determinations completed to date will need to be checked to determine if they
meet the. mapping conventions as agreed-to by the four signatory agencies and
if the quality of these determinations is acceptable. The .goal is to have all
determinations/delineations valid for both CWA and FSA. The certification
process is detailed in Part 514.52 of the NFSAM. Revision of some previous
determinations may result.
In addition, a wetland determination completed on a tract, say in 1989, will
need to be reviewed to ascertain if any FSA violations have occurred in the
years following the determination. In other words, the certified
determination will bring current all FSA wetland labels to the date the
certification is signed.
- ] ,
INFORMATION/OUTREACH
74. Q. Is NRCS responsible for providing landowners with guidance on the
Section 404 program?
74. A. Technical assistance provided by NRCS to landowners on the Section 404
program shall be limited to general,, published material relating to the
Section 404 program as provided by the Corps or EPA for this purpose. The
Corps and EPA remain the primary point of contact for specific guidance on the
regulatory requirements of the Section 404 program. NRCS will direct
landowners to the Corps or EPA for such information, particularly if the
landowner is proposing a project that may involve a discharge of dredged or
fill material in a wetland area or other Waters of the U.S. *
7§;$« In the sentence to be included with the Wetland delineation whereby the
landowner is informed that he/she needs to contact the Corps if activities are
proposed that are regulated under CWA, should a statement be included
addressing the possible penalties for unauthorized work or for non-compliance
with FSA?
This is a good suggestion. Standard statements that clearly.
communicate to the client the necessity of. continued contact and assistance
from all of the appropriate agencies, not only at the Federal level but also
at the state and local levels, provides improved client service. The
following statements have been suggested from states:
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Interagericy MOA Questions and Answers December 12, 1994
"Failure to notify the appropriate agencies before commencing a
manipulation can subject the landowner to substantial penalties and/or
loss of USDA benefits."
n
WARNING! Confirmation of Exact Wetland Boundaries Are Subject to On-Site
Investigation and Refinement"
"Areas of wetlands may exist in non-cropland areas which are not
identified. Request a wetland determination before clearing or drainage
is undertaken."
"Wetland determinations have been made only for areas specifically
indicated. Contact NRCS for any additional determinations outside of this
area before starting land use change or drainage activity/1
^ The MOA provides that NRCS and FWS will provide landowners/operators
general written information (i.e., EPA/Corps fact sheets) regarding CWA permit
requirements, general permits, and exemptions. Who will produce these fact
sheets and how should they be distributed by NRCS?
At Headquarters, the agencies are coordinating the development of a
single fact sheet that can be used nationwide. We encourage production and
distribution of additional informative materials such as local adaptations of
the Headquarters materials to highlight local circumstances. Agency field
offices should coordinate efforts and resources to produce such materials. -
The Corps/EPA leaflet "Farming and Section 404 of the Clean Water Act" (U.S. -
Government Printing Office - 1993:722-158; EPA 843-F-93-002) serves as a
reliable basis for such local adaptations, provided corrections are made to
the first and last questions and the flow chart in that leaflet in order to
correctly reflect provisions of the MOA. Copies of the EPA/Corps leaflet are
available from the EPA Wetlands Hotline (1-800-832-7828).
APPEALS
*
77.Q. What is the current NRCS appeals process?
77.A. The 3rd Edition of the NFSAM will retain the 4-step appeals process
currently utilized by NRCS. This process includes the reconsideration of
wetland delineations at the Field Office level, and subsequent appeals to the
Area Conservationist, the State Conservationist, and the Chief of NRCS.
Appeals at the Area and State level typically involve a field review of the
wetland area in question, while the Chief's level is restricted to an
administrative review of the appeal record. The Chief's level is the"-final
level of the FSA appeals process.
78.Q. Why does the MOA contain a provision allowing the Corps or EPA to not
accept an NRCS wetland delineation which resulted from an appeal?
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Interagency MOA Questions and Answers , December \2, 1934
78.A. It is possible for NRCS to make an appropriate delineation, consistent
with the MOA and acceptable'for Section 404 purposes, which is subsequently
overturned as a result of an appeal. At that time, the Corps and EPA may find
that the new delineation, which resulted from the appeal, is no longer
representative of CWA jurisdiction, and therefore unacceptable for statutory
reasons.
TRAINING
' " , ' ' - . ,1 ' ' '
79.Q. How will delineation training for all federal agencies be handled?
79.A. Section V.E. of the MOA provides that field staff of all signatory
agencies who delineate wetlands on non-agricultural lands must complete
interagency wetland delineation training on the 1987 Manual through
headquarters approved interagency training courses. Delineations on
agricultural lands must be performed by personnel who are trained in the use
of the NFSAM.
Due to the great demand by agency field personnel for training, it is
anticipated that training courses in the 1987 Manual will be added to those
currently available through 'the'Corps training program. These courses will be
developed as equivalent, interagency courses in the 1987 Manual and will be
taught by interagency instructors.. As the development of these additional
courses is in preliminary stages, details as to location, cost and timing
cannot be provided at this time.
Because the NFSAM procedures for conducting on-site wetland delineations on
agricultural, lands rely heavily upon the 1987 Manual, NRCS field staff
conducting any on-site delineations on agricultural lands must also receive ,
the 1987 Manual training prior to conducting such delineations. The NFSAM
delineation procedures shall also be taught during the interagency delineation
training to ensure all field personnel are trained in the technical procedures
for off-site delineations, mapping convention development, etc. NRCS is
currently workihg with the other agencies to plan for this and other similar
training heeded by NRCS field staff.
Through this approach,, NRCS anticipates training a core group of wetland
delineation specialists to implement the MOA. The number and location of
these specialists will depend primarily on the relative wetland delineation
workload for a given state or geographic area. These trained specialists will
subsequently serve on interagency oversight teams and wetland mapping teams,
as well as conduct on-site delineations. The products of these specialists,
such as county wetland maps, may be relied upon by other NRCS staff in
conducting day-to-day FSA responsibilities. .
$OiiK Is it appropriate for NRCS personnel not trained in the Corps 1987
manual to conduct on-site wetland delineations on non-agricultural lands so
long as someone trained in the Corps manual signs off on these delineations?
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Interagency MOA Questions and Answers ' December 12, 1994
No. Only those individuals who have received formal training in the
*Corps delineation manual may conduct on-site wetland delineations where
the use of the 1987 Corps manual is required (e.g., natural wetlands and
non-agricultural inclusions). This training may be obtained through the Corps
Regulatory IV course or locally organized 1994 Pilot Program interagency
wetland delineation training as approved by the agency's Headquarters.
Requirements for approval of locally organized training courses were contained
in the May 9, 1994 memorandum from Corps Headquarters.
TOP How will agency staff be trained in the use of the wetlands procedures
contained in the NFSAM?
NRCS National Technical Centers (NTC's) are responsible for providing
mnning to the states, and state program leaders are responsible to provide
training to field staff. NRCS will invite the other signatory agency field
staff to participate in this training. .
82.Q. Do NRCS, EPA and FWS delineators need to be "certified" through the
Corps Wetland delineation Certification Program to delineate.wetlands?
82.A. As with the Corps, NRCS, EPA and FWS delineators do not need to be
certified to delineate wetlands. However, all federal agency staff must
receive the training currently provided through headquarters approved
interagency training course prior to delineating wetlands for the 404 program.
This training is considered equivalent to the certification training required-
of non-governmental delineators. -
RECORD KEEPING
SSdp How will states with few NRCS personnel trained in use of the 1987
Corps manual deal with the workload involved with the large volume of non-
agricultural inclusions in agricultural landscapes?
SfiSP Each state should be conducting a workload analysis and developing
strategies to implement the MOA. In most states, this will be a transitional
process that will require extensive training and educational
processes over several months. All individuals working in the wetland arena
should have knowledge of CWA and Swampbuster. Coordination and cooperation to
share the workload will be key to successful implementation of the MOA.
In addition, where mapping conventions can be developed that are capable of
generating determinations on non-agricultural inclusions consistent with the
off-site procedures in the 1987 Corps manual, the training requirement is
waived, reducing the workload problem considerably.
,i CFSA is the keeper of the official FSA wetland determination maps, yet
agency is not specifically referenced in the MOA. Who is responsible to
24
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Interagency MOA Questions and Answers December 12, 1994
ensure that NRCS wetland determinations sent to CFSA are correctly maintained
as part of the official record?
8C|tf CFSA is currently the official record keeper only for clients who
participate in USDA financial assistance programs. The agencies are
investigating alternative methods to record and maintain determinations for
all clients on a common, automated and geo-referenced database that can be
shared by all agencies. The Federal Geographic Data Committee (FGDC) is
involved in this effort. In the interim, NRCS, as the USDA point of contact
with the other agencies under the MOA, will be responsible for ensuring that
the Federal wetland determinations per the MOA are maintained. Therefore, the
Corps, EPA, and FWS should obtain wetland determinations for their purposes
from NRCS rather than CFSA until a standardized database is available. NRCS
will provide a copy of all determinations and delineations to CFSA using the
CPA-026 process. .
' \
33'5»3t» CFSA mentioned long-term goals of digitizing FSA wetland
determinations. Are there any plans to digitize wetland delineations made
under the MOA to provide for use of the data by all signatory agencies?
The agencies, in coordination with the FWS National Wetlands Inventory
are discussing opportunities to work with U.S. Geological Survey, (USGS)
and other members of the FGDC to tie jurisdictional wetland
determinations/delineations made by NRCS on agricultural lands, as well as :
determinations/delineations made by NRCS for USDA program participants and by .
the Corps for other parties on non-agricultural lands, to the digitizing
effort currently underway by NWI.
25
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