Tuesday
March 14, 1995
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13654
Federal Register / Vol. 60. No. 49 / Tuesday. Marchl^l995 /^Proposed Rules _____
conditions (when the river gauge
indicates 5.9 feet or less), the proposed
extended periods when the bridges need
not open for the passage of vessels will
apply to both commercial and
noncommercial vessels.
Regulatory Evaluation
This proposal is not a significant
action under section 3(f) of Executive
Order 12866 and does not require an
assessment of potential costs and
benefits under section 6(a)(3) of that
order. It has been exempted form review
by the Office of Management and
Budget under that order. It is not
significant under the regulatory policies
and procedures of the Department of
Transportation (DOT) (44 FR11040;
February 26,1979).
Tho Coast Guard expects the
economic impact of this proposal to be
so minimal that a full regulatory
evaluation under paragraph lOe of the
regulatory policies and procedures of
DOT is unnecessary. Most waterway
traffic can be accommodated by the
alternate fixed span channel. For the
benefit of commercial vessels, the
proposed rule would revert to its
previous, less-restrictive form when the
vertical clearance under the alternate
fixed span was less than 52 feet.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.), the Coast Guard
must consider whether this proposal
will have a significant economic impact
on a substantial number of small
entities. "Small entities" include
independently owned and operated
small businesses that are not dominant
in their field and that otherwise qualify
as "small business concerns" under
section 3 of the Small Business Act (15
U.S.C. 632). Because the impacts of this
proposal are expected to be minimal,
toe Coast Guard certifies under section
605(b) of the Regulatory Flexibility Act
(5 U.S.C, 601 ef seq.) that this proposal
will not have a significant impact on a
substantial number of small entities.
Federalism
The Coast Guard has analyzed this
action in accordance with the principles
and criteria contained in Executive
Order 12612 and has determined that
this proposal does not have sufficient
federalism implications to warrant the
preparation of a federalism assessment.
Environment
The Coast Guard considered the
environmental impact of this proposed
regulation and concluded that, under
paragraph 2.B.2 of Commandant
Instruction M16475.1B ,(as revised by 59
FR 38654; July 29,1994), this proposed
regulation is categorically excluded ;
from further environmental
documentation. An environmental
checklist and categorical exclusion
determination have been completed for
this proposed action and have been
included in the rulemaking docket.
List of Subjects in 33 CFR Part 117
Bridges. .
Proposed Regulations
For the reasons set out in the
preamble, the Coast Guard proposes to
amend Part 117 of Title 33, Code of
Federal Regulations as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for Part 117
continues to read as follows:
Authority. 33 U.S.C. 499; 49 CFR 1.46; 33
CFRl.OS-l(g); section. 117.255 also issued
under the authority of Pubi L. 102-587,106
Stat. 5039.
2. In § 117.869, paragraph (a).is
revised to read as follows:
§ 117.869 Columbia River.
(a) The draws of the Interstate 5
highway bridge, mile 106.5, between
Portland, OR, and Vancouver, WA, shall
open on signal, except that:
(1) When the river gauge at the bridge
indicates 6.0 feet, or more, as
determined by the drawtender on duty,
•the draws need not open for the passage
of commercial vessels from 6:30 a.m. to
8:00 a.m. and from 3:30 p.m. to 6:00
p.m. Monday through Friday, except
Federal holidays, and for all other
vessels the draws need not open from
5:30 a.m. to 9:00 a.m. and from 2:30
p.m. to 6:00 p.m. Monday through
Friday, except Federal holidays.
(2) When the river gauge at the bridge
indicates 5.9 feet, or less, as determined
by the drawtender on duty, the draws
need not open for the passage of any
vessels from 5:30 a.m. to 9:00 a.m. and
from 2:30 p.m. to 6:00 p.m. Monday
through Friday, except Federal holidays.
*****
Dated: February 28,1995.
, John A. Pierson, •
Captain, U.S. Coast Guard, Commander, 13th
Coast Guard District, Acting.
[FRDoc, 95-6152 Filed 3-13-95; 8:45-am]
BILLING CODE 4910-14-M
DEPARTMENT OF DEFENSE
Department of the Army
Corp.of Engineers
33 CFR Parts 320, 325 and 333
Wetland Delineator Certification •
Program . ..
AGENCY: Army Corps x)fEngineers;DOD.
ACTION: Proposed rule. ^_ ^
SUMMARY: The U.S. Army Corps of
Engineers (Corps) is establishing a - .
program for the training and -
certification, of individuals as wetland
delineators. 'The intent of the Wetland -
Delineator Certification Program-.,. _
. (WDCP) is: (1) To improve the quality:
and consistency of wetland delineations
submitted to the Corps", and (2) to :. .
streamline the regulatory process-by
developing procedures for expediting
review and consideration of •.,'•"•
delineations submitted by certified
delineators. We are publishing this ,
proposed rule today, to provide the_ ^
public the opportunity to assist us ui the .
development of the WDCP. .-..-.
DATES: Written .comments must be .. ••
submitted on or before April 13,1995. .;
ADDRESSES: Written comments must be
' submitted to: The.CMef^fEngineers; - .
United States Army Corps-of Enjpnee^.:
ATTN: Ms: Karen Kochenbach, CECW--
OR, Washington,DC 20314-1000".
- FOR FURTHER INFORMATION CONTACT: Ms.
Karen Kochenbach or Mr. Sam
Collinson at the Office of the Chief of
Engineers at (202) 272-0199.
SUPPLEMENTARY INFORMATION: • .
Background • \- ••"• "..' • ;• :.-' ;7;^ ",."
The Corps regulates activities: ••-.. '. ;, ' •
involving the discharge of dredged, or..-
' fiU:material;mto2waters.of the.Urntegl _- •
States/mcluding-wetlanas, pursuit to ;
Section 404 of the'CleanWa^er Act, . _.
(CWA). In accordance with' Section
y
program for the training and .• .
?ertiftotion-of indiyiduak as wetland
delineators. Pursuant to this authority,
the Corps conducted demonstration, .
. projects in the Baltimore, Jacksonville, •
' and Seattle districts. >;",.,- -t:'nT1
The Wetland Delineator Certification
Program (WDCP) was initially
announced in the Federal Register on
December 30, 1992 (57 FR 62312). This
notice introduced the WDCP and
provided specifics on participation^
the three demonstration projects, un
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Federal Register 7 Vol. 60, No. 49 / Tuesday, March .14, 1995 / Proposed Rules ' 13655
April 16,1993, we published a second
announcement in the Federal Register
(58 FR 19806) concerning the
availability of draft training materials
developed for the WDCP. Corps districts '
nationwide issued public notices
concurrently with these notices, and;
numerous publications chose to include
brief articles in their professional
journals on the WDCP.
The concept of providing expedited
acceptance of wetland delineations by
consultants and contractors similar to
the goals of the WDCP has previously
been informally implemented by a few
Corps districts on a limited basis. In
those cases, the Corps districts ,
established informal procedures for
expeditious review and acceptance of
wetland delineations performed by.
. qualified individuals. Like those
informal approaches, there will be no .
requirement for wetland delineators to
be certified under the WDCP in order to
submit wetland delineations to the
Corps; however, the Corps will handle
wetland delineations performed by
wetland delineators it has certified more
expeditiously. Corps districts will retain
discretion regarding the acceptance of ,
wetland delineations, including those
accomplished by certified delineators.
The WDCP will affect the Corps', U.S. ;
Environmental Protection Agency's
CEP A), or U.S. Department of
Agriculture Natural Resources
Conservation Service's.(NRCS, formerly
the: Soil Conservation Service (SCS))
authority to determine jurisdiction for
r purposes of Section 404 of the CWA, but
• is intended to provide expedited service
-'• to the public, while improving the
accuracy and consistency of wetland
delineations submitted to the Corps by
consultants and contractors. The \ _,
development of this program is also a
component of the Administration's
August 24,1993 Wetlands Plan entitled
"Protecting America's Wetlands: A Fair,
Flexible, and Effective Approach."
Wetland Delineation Manual
The four Federal agencies responsible
for making wetland delineations (i.e.,'
the Corps, EPA, NRCS, and the U.S.
Department of Interior Fish and Wildlife
Service (FWS) currently utilize the 1987.
Corps of Engineers Wetland Delineation
Manual (1,987 Manual) for identifying '
and delineating wetlands for purposes
of Section 404 of the GWA. As noted in
the Administration's Wetlands Plan, the
agencies will continue ,tb use the 1987
Manual pending completion of an on-'
going study of the National Academy of
Sciences.(NAS) Committee on Wetlands
Characterization. The four Federal •••-
agencies noted above will review the .
results of the NAS study, which is •> ,-
scheduled for completion at the end of
1994, and determine if modifications to
the 1987 Manual are necessary. -
Certification under the WDCP willbe
based on demonstrated abilities for .
delineating wetlands using the current
Federal wetland delineation
methodology in use at the time of
certification. .,
Copies of the 1987 Manual are .
available from the National Technical
Information Service (NTIS), 5285 Port
Royal Road, Attn: Order Department,
Springfield, Virginia 22171:. Document
fADA 176 734, Phone #(703) 487-4650.
Copies of the supplemental guidance
issued by the Corps concerning use of
the 1987 Manual (i.e., the October 7,
1991, Questions and Answers.'and the
March 6,1992, Clarification and
Interpretation memorandum) as well as
the Administration's Wetlands Plan of
August 24, 1993, may be obtained by
contacting the Regulatory Branch of
your local Corps district, the EPA'
Wetlands Hotline at (800) 832-7828, or
the Regulatory Branch of Corps
Headquarters (Office of the Chief of
Engineers) at (202) 272-0199.
Current Practices/Past Problems
On the average, the Corps makes a
total, of 30,000 jurisdictionai
determinations a year, many of which
involve wetlands subject to regulation
under Section 404 of the CWA.
Jurisdictionai determinations are
determinations that a wetland and/or
waterbody is subject to regulatory
jurisdiction under Section 404 of the *
Clean Water Act or Sections 9 and 10 of .
the Rivers and Harbors Act of 1899.'
While the Corps will conduct a wetland
delineation if .requested to ,do so, many
applicants choose to hire the services of
a consulting firm to perform wetland
delineations on their behalf. Because of
delineation backlogs in many Corps
districts, this approach can expedite the
wetland delineation review process.
However, the Corps routinely receives
inaccurate and inconsistent wetland ;
delineations from applicants and/or
then: representatives which nessitate
modification(s) or redelineation(s).
When this occurs, the Corps must spend
a greater amount of time in making a
determination of wetlands jurisdiction:
By relying more on private sector
delineations the Corps will be able to .
more efficiently utilize its limited staff
for permit evaluations and compliance.
Although many districts have internal
procedures Currently in use to
determine competent wetland
• delineators, the Corps has not had one
uniform process for evaluating the
demonstrated competence of wetland
delineators during" its review of wetland
delineations. It has been our experience ,
that wetland delineators who are .
properly trained and experienced in the
current Federal wetland delineation
methodology perform wetland t
delineations that are more accurate and
consistent. Consequently, these
delineations require the Corps to spend
less time reviewing them for accuracy.
These time savings are vital because
Corps districts spend a considerable
amount of resources reviewing and
performing wetland delineations,
whether delineations are made on-site
(based on a site visit) or off-site (based
on an office determination utilizing
exiting available information, such as -
National Wetlands Inventory maps and
aerial photography).
'. We are aware that application of any
wetland delineation methodology by
persons who lack the requisite scientific
and technical knowledge, has'the
potential to result in Inaccurate or
inconsistent wetland delineations. -
However, we anticipate that wetland
delineations performed by certified"
delineators will be of higher quality and
greater consistency, thereby allowing for
an expedited wetland delineation
review process. ' : •' ";
Other organizations have or will be
developing certification programs in
wetland science (e.g., the Society of
Wetland Scientists), and several States
are also considering implementing
certification programs related to
wetlands. The WDCP is a separate and -
distinct program for wetland delineators
who perform and'submit wetland,
delineations,to the Corps, and has no
relationship to, nor reciprocity with,
other certification programs currently in
existence. ..-
Federal Government Certification
The four Federal agencies primarily
involved: in wetland delineations and
Section 404 of the CWA (i.e., Corps,
EPA, FWS, and NRCS) have participated
in interagency wetland delineation
training since 1989. The Corps manages
this training, and experienced '
delineators from the four agencies serve
as instructors. The course is
continuously revised as necessary to
ensure that Federal agency personnel
are presented with the current Federal
wetland delineation methodologies.
Additionally, Corps, EPA, FWS, and
NRCS wetland delineators receive on-
the-job training and gain valuable field
experience during the daily j
implementation of their wetland
programs. The agencies recognize the
need to ensure that employees who
perform and/or verify wetland
delineation possess the necessary
training experience. To facilitate the
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13656
Federal Register / Vol. 60. No. 49 / Tuesda^Maych^l4. 1995 / Proposed Rules
goal of consistency in the identification
and delineation of wetlands, the Corps
continues to work with EPA, NRCS, and
FWS to improve its training programs
and field staff capabilities, as included
in the Administration's Wetlands Plan.
The Corps, based on these proposed
regulations, will require completion of
the interagency wetland delineation
training course (i.e., Regulatory IV), in
addition to two (2) years experience and
an internal evaluation of knowledge and
abilities of its field staff responsible for
making jurisdictional determinations in
wetlands, equivalent to the
requirements of certified delineators.
Consistent with the intent of the WDCP,
Federal agencies which submit wetland
delineations to the Corps (e.g., the
Federal Highway Administration), may
benefit from being certified by the Corps
through the WDCP.
Demonstration Program
The purpose of the demonstration
program of the WDCP was to determine
the appropriate level of wetland
delineation capabilities which should
be required of individuals in order to
receive expedited review and
consideration of their wetland
delineations by the Corps. In addition,
the demonstration program was used to
tost draft written tests and field
practicums, assess individuals' wetland
delineation capabilities, and receive
feedback on the training package
designed for use by certified wetland
delineators in the training of others in
the current Federal wetland delineation
methodologies. Provisional certification
was awarded to those WDCP
participants successfully completing the
two-part test, pending the adoption of
final regulations that will result from
the evaluation of comments regeived on
the regulation proposed today.
The WDCP demonstration program
involved projects in three Corps
districts, and began in March, 1993. The
WDCP was initially announced
December 30,1992 in the Federal
Register, in addition to district public
notices. The projects took place in the
States of: Washington, Maryland, and
Florida, administered by the Seattle,
Baltimore, and Jacksonville Districts,
respectively, although participation was
not limited to applicants within the
districts' boundaries. Applications for
provisional certification are no longer
r
being-accepted; districts have completed
the testing and evaluation of over 200
WDCP applicants. There were no
prerequisites nor fees charged for
participation in the demonstration
projects. Because we believe that
provisionally certified individuals have
demonstrated adequate wetland
delineation knowledge and ability, it is
our intention to consider provisionally
certified individuals as certified
wetland delineators under the final
WDCP, pending adoption of these
regulations. The provisional
certifications will remain valid until a
final rule is adopted for the WDCP.
Written Test
The written tests used by the three
demonstration districts were developed
from the pool of questions used in the
Federal interagency wetland delineation
training (Regulatory IV), and are based
on the current Federal wetland
delineation methodology (i.e., the 1987
Manual), related technical guidance,
and other wetland concepts covered in
the Regulatory IV training (e.g., soil
taxonomy). Each demonstration district
prepared a written test from the pool of
these multiple choice questions. Over
the years, the Corps has added, deleted,
and/or modified questions in the pool f
used in its wetland delineation training
to remain consistent with the current
Federal wetland delineation
methodology. The passing score for the
written exam administered during the
demonstration projects was 80%. We
believe that proper training is essential
to the competency of wetland
delineators, and'the Corps tests are
designed to evaluate such training. We
invite comments on this testing
approach, as well as comments on the
tests, from those who have participated
in the demonstration program. We
intend to standardize the written tests
for administration nationwide in the
final WDCP.
Field Practicum
A field practicum was also
administered by the demonstration
districts to those who successfully
completed the written test. Like the
written test, the "field practicum
required WDCP applicants to have an
understanding of the three parameters
used in wetlands delineation (i.e.,
hydrophytic vegetation, hydric soils,
and wetland hydrology), and the
procedures utilized to assess these
characteristics consistent with the 1987
Manual. During the field practicums,
participants were required to document
the presence or absence of field
indicators for each of the three
parameters by using data sheets to
record field observations, and by
providing written explanations
supporting their conclusions. Eighty
percent (80%) was also the passing
score for the field practicum. We believe
that WDCP field practicums must be
procedurally and fundamentally the
same from Corps district to Corps
district, and will standardize the
practicum used during the
demonstration phase prior to
nationwide implementation.
Administration of the field practicum
during the demonstration program was
influenced to some degree by the
weather (e.g., snow in Baltimoire hi
March). We welcome comments on the
consideration of limiting these tests to
the time period as determined by
appropriate by the districts, for
example, the local growing season.
Comments on the field practicum are
requested from those individuals who
participated in the demonstration
program, and any recommendations for
modifications or other procedures that
can be consistently administered in all
districts will be considered.
Results
Results of the demonstration program
are provided in Table 1 below. Overall,
more than 3,000 WDCP information/
application packages were mailed to
prospective applicants by the three
demonstration districts in response to
public requests. Over 1500 applications .
were submitted, and all were provided
the opportunity to take the written
exam. Of the more than 900 that did so,
fewer than 400 WDCP applicants passed
the written test All of lie individuals
who passed the written test took the
field practicum, and over 85% passed.
Currently there are almost 350
provisionally certified wetland
delineators nationwide. Until
certification is defined through the
adoption of final regulations, and
individuals are certified under the final
WDCP, the names of provisionally
certified individuals will not be released
by the Corps. .
TABLE 1.—SUMMARY OF WDCP DEMONSTRATION PROGRAM RESULTS
No. of individuals
—
Applied for participation •
Took written test
Passed written test
Baltimore
496
386
1 «A IAR°/^\
Jacksonville
347
148 (43%)
.1,639
907
393 (43%)
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Federal Register / Vol. 60, No. 49 / Tuesday, March 14, 1995 ./ Proposed Rules
13657
TABLE 1 .—SUMMARY OF WDCP DEMONSTRATION PROGRAM RESULTS—Continued
No. of individuals . . '•' f-:"
Took field practicurri' ' .. '• * ^
Passed field practicUm '. ......^ ....!.'...
Provisionally certified •.: ....'...-.. ..............
• Baltimore
,184
152(82%)
152
Jacksonville
148
148 (100%)
148
Seattle
61
49 (80%)
49
Totals
393
349 (88%)
349 (38%)
Training . '
, A certificate of training in the current
Federal wetland delineation
methodology, signed by a certified
wetland delineator, would be a ,
mandatory prerequisite for all WDCP
applicants. Prior to the adoption of final
regulations based on today's proposal,
individuals may satisfy this future
prerequisite by obtaining a certificate
verifying completion of wedand
delineation training in the current
Federal wetland delineation /
methodology from'an instructor
utilizing the Corps 1993 WDCP draft .
training package. The availability of the
draft training package developed for the
' WDCP, was announced in the Federal
Register on April 16,1993 (58, FR
19806). Copies were distributed free of
charge by the Corps Wetlands Research
and Technology Center (WRTC) at the
Waterways Experiment Station (WES) in
Vicksburg,-MS. A limited number of
copies may still be available by calling
the WRTC at (601) 634-4217. An
" evaluation of the draft WDCP training
package is being conducted by the
Corps, and a revised training-package
will be developed for future Use. "
A list of potential training sources
available to the public through private
and academic institutions, is available
from the Regulatory Branch of your
" local Corps district office or the Office
of the Chief of Engineers in Washington,
D.C. A certificate of completion of the
- WDCP wetland delineation training
would be issued by the training source
and required by the Corps for ..'•
participation in the final WDCP. At this
time, training may be provided by
individuals who have received the
training materials, regardless of whether
or not they are provisionally certified by
the Corps.'However, after the adoption
of final regulations for the WDCP, all
training^tended to meet this ,
prerequisite must be provided by a
wetland delineator certified under the
final WDCP. It is the responsibility of
the individual seeking certification by
the Corps underthe" WDCP to ensure
that the training meets the training
prerequisite (i.e., that the training is ,
provided by a certified wetland
delineator)'.
The Corps will keep certified
delineators and trainers abreast of
modifications and updates to .the
training materials, and will provide lists
of training sources offering the WDCP
training. After a final WDCP is adopted,
all districts will maintain lists of both
certified wetland delineators as well as
those who provide the requisite
training, and will make these lists
available to the public, as proposed in
these regulations. .
The Wetland Delineation Certification
' Program (WDCP)
The WDCP, would require applicants
to: (1) satisfy certain prerequisites and
(2) pass a two-part test.
Prerequisites .-'''.
Prerequisites for entrance into the -
WDCP would consist of: (1) Training hi
the current Federal wetland delineation
methodology, and (2) two (2) years of
professional experience in wetlands
delineation. We feel training should
consist of a combinatipn of classroom
and field training specifically in the
current Federal wetland delineation
methodology. Training must be
conducted by an individual certified by
the Corp, and should consist of a
minimum of 36 hours of instruction,
consistent with the training required of
Corps, EPA, NRCS (formerly the SCS),
and FWS Federal agency staff-who '.
delineate wetlands for purposes of
Section 404. of tie Clean Water Act
Comments are requested on alternative
training mechanisms which provide
greater flexibility to potential WDCP
_ applicants. For example, comment is
solicited in the use of videotape or at-
hoine study for the delivery-of the ,"
training material. One such alternative
would allow individuals to study course
.materials at home, and then spend,one
" or two days at a training program
facility to receive hands-on instruction
and to take the course exam. This
', alternative would help to reduce .travel
expenses, may lower tuition costs, and ,
would reduce the time, that a trainee
would have to miss work. The Corps is
concerned, however, that non-classroom
oriented.instructional methods may not
provide training of a quality equivalent
• to classroom instruction. Comments on
the impact of quality resulting from the
alternative training methods taking into
account the' requirement for hands-on
training, course test, and third party
exam, are specifically sought as a part
of this proposal. To satisfy the
experience requirement,"WDCP
applicants should have a minimum of 2
years experience- delineating wetlands •
for Federal, State, tribal or local
governments, or the private sector. The
WDCP applicant would have to supply
references of employers, including
telephone numbers for verification
purposes, of references who can attest as
to the WDCP applicant's'assertions
regarding experience. The Corps
reserves the right to check a WDCP
applicant's documented prerequisites.
We welcome comments 'on alternative
approaches of satisfying the experience
requirement, such as documentation
that a minimum number of wetland
delineations were accepted by the Corps
prior to certification. Acceptance into
the WDCP (i.e., meeting all
prerequisites) does not guarantee
certification. Applications for
certification must be accompanied by
documentation (e.g., training certificate)
'that an individual meets all „
prerequisites. We welcome comments
on the proposed prerequisites, as well' as
, suggestions for other options.
Tests. . • .. ; ' > '
' Generally, WDCP applicants would
submit a WDCP application form (to be
developed for'the final WDCP) to the
appropriate district, where it would be
.considered in accordance with the final
regulations. Qualified WDCP applicants
would be notified of the next available
test date. Testing will include a
standardized written examination for
nationwide use, which must be passed
before applicants proceed .to the field
practicum. Based on the response to the
demonstration projects, we are
proposing to offer the'national written
test sessions in all Corps districts on the
same date each month for the first three
. months of nationwide implementation
of the WDCP "and quarterly thereafter.
Field practicums will be scheduled
based on need'(i.e., the number of
WDCP applicants which have first
passed the written test). The field
practicums may vary slightly between
divisions (the proposed geographic
limits of the validity of certifications
' made at the district level), based oh
regional differences.such as growing
season, wetland type, and some field
-------
indicators, however, the field practicum
procedure will be identical nationwide.
Comments on the appropriate
procedures and frequency of the nem
testing, particularly from individuals
who participated in the demonstration
program, would be helpful. We are
proposing to limit the number of
opportunities to retake the tests without
the benefit of additional training. WDCP
applicants who fail either the written or
the field test are encouraged to obtain
additional training and/or experience
prior to retesting.
Certification
Upon successful completion of the
prerequisites and testing requirements,
the district would award a certification
to the applicant by mail. Certified
wetland delineators would be required
to include a signed statement with all
wetland delineations submitted to the
Corps, verifying that the information has
been developed in accordance with the
currant Federal wetland delineation
methodology, and is subject to legal
penalties related to false information as
provided for in 18 U.S.C. Section 1001
(18 U.S.C. Section 1001 provides that:
Whoever, in any manner within the
jurisdiction of any department or agency
of the United States knowingly and
willfully falsifies, conceals, or covers up
by any trick, scheme or device a
material fact or makes any false,
fictitious, or fraudulent statements or
representations or makes or uses any
false writing or document knowing the
same to contain any false, fictitious, or
fraudulent statements or entry, shall be
fined not more than $10,000 or
imprisoned not more than five years, or
both.) Certified wetland delineators
would be contacted by the Corps as to
the completeness and accuracy of the
wetland delineation submitted within
30 days if submitted in conjunction
with a permit application, or 60 days if
not (see 325.2(c)). Expedited review
associated with wetland delineations
submitted by certified wetland
delineators does not guarantee shorter
permit processing times, which will be
the subject of a future rulemaking action
related to the Administration's Plan.
The issuance of a certification does not
create or grant any property interest or
right for the certified wetland
delineator, nor does it create any rights
for an individual reiving upon a
wetland delineation made by a certified
wetland delineator, but is intended to
facilitate the determination of
jurisdiction by the Corps.
Validity of Certifications
Comments are requested on our
intention to consider provisional
certifications issued by the
demonstration districts valid as final
certifications after the WDCP is
implemented nationwide. Comments
are also requested on the option of •
considering certifications (provisional
as well as final) valid in a broader
geographic area than the administering
district's regulatory boundaries. While
we are proposing that certifications be
issued by districts and considered valid
within the Corps Division in which the
district exists, we invite comments on
other options (e.g., nationwide). In
addition, we invite comments on the
need to further limit the validity of
certifications in exceptional situations
involving unique geographic areas. For
example, it may be determined
appropriate for certifications within
Divisions which include entities such as
Alaska, Hawaii, Puerto Rico, and
America Samoa, etc., to limit the
validity of certification to a smaller
geographic area. Certifications would
remain valid for a period of five (5) ,
years; therefore recertification would
generally be necessary once every 5
years. Certifications would be subject to
suspension or revocation procedures
(see Section 333.7) based on repeated
poor performance and/or submittal of
inaccurate wetland delineations by
certified wetland delineators.
Costs " .','
During the early years of the WDCP,
costs to .the Corps of administering the
program will likely exceed the savings
in reduced staffing needs associated
with verifying wetland delineations.
These costs were monitored during the
demonstration program to assess the
effect on budget and manpower ^
allowances. The costs inqurred by the
demonstration districts were, as
expected, greater than the costs
anticipated during nationwide
implementation due to the WDCP
developmental responsibilities required
of these districts.
Although the WDCP require the
expenditure of a portion of the
regulatory budget for several years, we
are not proposing to assess a fee for
certification. WDCP applicants will
have incurred some costs associated
with satisfaction of the training
prerequisites of the program. In
addition, it will be necessary for
certified wetland delineators to keep
certifications current with the most
recent Federal wetland delineation
methodology. Nonetheless, comments
are requested on the issue of fees
associated with the WDCP, such as
where fees should be charged and why,
and what should be the basis for such
fees. Although we expect Federal costs
associated with nationwide
implementation of the WDCP to be
higher initially, we are confident that
Federal labor costs will be reduced over
the life of the program.
Benefits
The Corps, permit applicants', and the ,
public will benefit from the improved
quality and consistency of wetland
delineations the Corps receives from
certified wetland delineators. The
public will benefit from the expedited
review and consideration of wetland
delineations by certified wetland
delineators by the Corps. We believe
that the program will result in better
service to the public by both the Corps
and private sector wetland delineators.
It is anticipated that both the Corps and
the public will have greater certainty in
consultants' or contractors' wetland
delineations as a result "of the WDCP.
Benefits are expected to increase each
year.
Proposed Changes
33 CFR 320.3(p)—Related Laws
We are proposing to add Section
307(e) of the Water Resources,
Development Act of 1990 authorizing
the WDCP to the related laws section.
33 CFR 325.2(c)—Wetland Delineations
Submitted by Certified Delineators
We are proposing procedures,
requirements, and timeframes to
provide for expedited review of wetland
delineations submitted by certified
delineators as required by Section .
307(e) of the Water Resources ,
Development Act of 1990.
33 CFR 333—Wetland Delineator
Certification Program •
We are adding a new part to
implement the WDCP. Section 333.1
Purpose and Section 333.2 General
provide a statement of purpose and an
overview of the WDCP. -
Section 333.3 Definitions provides
definitions of common terms used in the
WD.CP. The proposed terms are
"accuracy determination", "wetland
delineation", "wetland determination",
"jurisdictional determination",
"certification", "certified wetland
delineator", "expedited review",
"suspension", "revocation",
"substantial inaccuracies", and "history
of substantial inaccuracies". We request
comments on these terms and the need
to define additional terms.
Section 333.4 Certification Process
describes the procedures and
requirements necessary to be certified
under the WDCP. This section includes
a discussion of the mandatory
prerequisites an.d tests we are proposing
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13659
to require of wetland delineators in
order to be certified by the Corps.
. . Section 333.5 Validity of
Certifications provides for the
geographic limits of where a
certification would be.considered valid
in order to receive expedited review by
the Corps.
Section 333.6 Recertificatiort .
discusses the requirement for an
individual to keep the certification
current in order to receive expedited
review by the Corps. We believe that ,
certifications should not be valid
indefinitely and are proposing a five (5)
year limit.
Section 333.7 Suspension or >
revocation discusses the ability of the
• Corps to suspend or revoke an . . • ,
individual's certification, if appropriate,
after an opportunity has been provided
% the Corps for the certified delineator
• to respond in writing to the District-
Engineer's reasons for suspending or
revoking the certification.
Environmental Documentation
We have made a preliminary
determination that this action does not
constitute a major Federal action
significantly affecting the quality of the
human environment. The WDCP is
intended to improve the quality and
consistency of wetland delineations •••
reviewed by the Corps, and to expedite
decisions regarding these delineatioiis, . '
but will have no effect on the outcome
of the jurisdictional determination.
Furthermore, appropriate environmental
documentation is prepared for,all
permit decisions on a caserby-case basis.
Executive Order 12866
The Department of the Army has
made a preliminary determination that
• these regulations do not contain -a. major
proposal -requiring'the preparation of a
regulatory analysis under E.0.12866.
The Office of Management and Budget
has concurred. In addition, .there has
been, and will continue to be, ,
substantial interagency coordination on
the WDCP to ensure that the interests of
other Federal agencies are considered in
the finalization of-regulations for the .
WDCP. .'•:.
1 The Regulatory Flexibility Act
The Department of the Army,
pursuant to Section 605(b) of the
Regulatory Flexibility Act of 1980, has .
made a preliminary determination that
• these proposed regulations,will.not have
a significant impact on a substantial
number of small entities.. : ' ,
Implementation of the WDCP lias the
potential to be labor intensive for the
Corps, as was the case during the _
demonstration projects. While cpsts to
the Corps. of administering the program
during the earlyyears of the.WDGP will
likely exceed the savings in reduced
manpower needs associated with
verifying wetland jurisdictional
determinations, we are confident that
labo'r costs will be reduced over the life
of the program. These costs were
monitored during the demonstration
program to assess the effect on budget
andimanpower allowances, and costs
es among the three participating
Districts; Although the WDCP will
require the expenditure of a portion of
the regulatory budget for several years,-
we ko not intend to assess a fee for
certification. WDCP applicants will
already have incurred expenses to
obtain the necessary training as needed
to ;meet the prerequisites of the program.
, In audition, it will be necessary for
.certified wetland delineators to keep
certifications current with the most
recent Federal wetland delineation
methodology. We have taken steps,
however, to minimize labor
reqiurements on Corps districts in the
imj lementation of the final WDCP. For
exa nple, field practicums will be
standardized and necessary training
provided to the districts, thereby
eliminating the time-consiuning •, '
developmental process experienced by
', the demonstration districts. Although
we expect costs "associated with .
nat .onwide implementation of the
WT CP to be higher initially, we are •
cor fident that Federal labor costs will
be deduced over the life of the program.
Benefits " ' . :
The .Corps, permit applicants, and the
public will benefit from the improved
quality and consistency of wetland
delineations the Corps receives from
certified, wetland delineators. The
public will benefit from the expedited .
review and consideration of wetland
delineations submitted by certified
wejtland delineators by the Corps. We
believe that the program will result in .
better service to the public by both the
Cojrps and private sector wetland
delineators. It is anticipated that both,
the Co'rps and the public will nave
greater certainty in consultants' or
contractors' wetland delineations as a
result of , the WDCP, Benefits are •
expected to increase each year.
Note: (1) The terms "district engineer" or
"division engineer" should be considered to
be interchangeable until decisions are made
de
to the appropriate level of authority for
List of Subjects
33 CFR Part 320 . ^
' Environmental Protection,
Intergovernmental relations, Navigation,
Water pollution control, Waterways.
33 CFR Part 325
Administrative practice and
• procedure, intergoverhmental.relations,
Environmental protection, Navigation,
Water pollution control, Waterways.
33 CFR Part 333 ' ;
Waterways, Training programs,
Consultants, Reporting and record
keeping requirements. • ;
Dated: March'3,1995.
. John H. Ziischky, ; ^
Acting Assistant Secretary of the Army (Civil
Works'), Department of the Army. '
For die reasons set out in the
preamble, 33 CFR Parts 320 and 325 are
proposed to be amended, and Part 333
is added to read as follows:
33 CFR CHAPTER I—CORPS OF
ENGINEERS, DEPARTMENT OF THE ARMY
PART 320—GENERAL REGULATORY
POLICIES
1. The authority citation for Part 320
continues to read as follows:
Authority: 33 U.S.C. 401 etseq.; "33 U.S.C.
1344; 33 U.S.C. 1413.r .
2. Section 320.3 is amended by
adding a new paragraph (p) at the end
that'reads as follows:'
§320.3 Related laws.
* *_ .* * * •
- ''• (p) Water Resources Development Act
of 1990. Pursuant to Section 307{e) of
the Water Resources Development Act
of 1990 (Pub, L. 101T-640), the Secretary
of the Army has established a pfogram
for the training and certification of,
individuals as wetland delineators for
purposes of submitting wetland
delineations to the Corps. The Wetland
Delineator Certification Program also
includes procedures for expediting • -
review and consideration of wetiand .
delineations submitted by wetland
delineators it has certified.
PART 325—PROCESSING
DEPARTMENT OF THE ARMY
PERMITS
3. The authority citation of part 325'
continues to read as follows:
Authority: 33 U.S.C.'401 et seq.; 33 U.S.C.
1344; 33 U.S.C. 1413. '
4. Paragraph (c) is added to read as
follows: . . .
_. :isions regarding the WDCP, as set forth in § 325.2 Processing of applications.
the final regulations., , ' * -*'..*" *,,*.,
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(c) Wetland delineations submitted by
certified wetland delineators—(1)
General. The Corps intends to give
expedited review to wetland
delineations submitted by certified
wetland delineators, as part of a request
for wetland jurisdictional
determinations,
(2) Contents of wetland delineations.
Certified wetland delineators will
submit wetland delineations to the
appropriate Corps regulatory office
using the following format.
(i) The wetland delineation submittal
will include:
(A)(i) A copy of the wetland
delineator's certification.
B(i) Drawings, plans and/or surveys,
to scale, showing the acreage and
boundaries of the wetland in the project
area, and
(C) Completed data sheets in support
of the documented wetland boundary.
(ii) In addition, submittals by certified
wetland delineators will include the
name, address and telephone number of
tho person designated to receive the
results of the Corps' accuracy
determination for Corps' acceptance ot
the wetland delineation.
(3) Corps approval. District Engineers
will strive to make a determination of
completeness and accuracy of wetland
delineations submitted by certified
wetland delineators within thirty (30)
calendar days of receipt if they are
accompanied by a permit application,
and sixty (60) calender days if they ari
are
not.
(i) The district engineer's
determination of completeness and
accuracy of the wetland delineation
submitted by a certified wetland
delineator will be made in writing and
will consist of:
(A) Request for additional information
or corrections needed for the Corps to
make a determination of the accuracy of
tho wetland delineation.
(B) Acceptance of the wetland
delineation by the Corps as submitted,
or
(C) Acceptance with minor
modifications identified and made by
the Corps.
(ii) The Corps final acceptance ot a
certified wetland delineator's submittal
will represent the wetland delineation
used in making the jurisdictional
determination, and will remain valid for
a specified period of time consistent
with corps guidance as provided in the
final acceptance document. Resubmittal
of corrected wetland delineations by
certified wetland delineators after an
earlier submission has been determined
to have been incomplete or inapcurate
PART 333—WETLAND DELINEATOR
CERTIFICATION PROGRAM
5. Part 333 is added to read as follows:
PART 333—WETLAND DELINEATOR
CERTIFICATION PROGRAM
333.1. Purpose.
333.2. General.
333.3. Definitions.
333.4. Certification Process.
333.5. Validity of certifications. •
333.6. Recertification.
333.7. Suspension or revocation of
certifications.
333.8. Maintenance of lists.
Authority: 33 U.S.C. 1344.
§333.1 Purposed
This section prescribes the policies,
procedures, and guidance for
administration of the Wetland
Delineator Certification Program
(WDCP). The purposes of the WDCP are:
(a) To improve the quality and
consistency of wetland delineations
submitted t6 the Corps either alone or
in conjunction with a permit
application seeking to discharge dredge
or fill material into waters of the United
States, and.
(b) To streamline the regulatory
process through the submittal of
wetland delineations which can be
approved by the Corps in an expedited
manrier(see33CFR325.2(c)fora
discussion of the expedited review and
consideration of delineators submitted
by certified wetland delineators).
§333.2 General.
The WDCP is a training and
certification program for .wetland .
delineators who submit wetland
delineations to ,the Crops. The Corps has
developed a training package for use by
the others (e.g., the private sector, the
academic community, States) in the
current Federal wetland identification
and delineation methodologies. WDCP
applicants receive training from sources
utilizing certified wetland delineators
and the current training materials
developed and provided to them for that
purpose by the Corps for the WDCP. hi
addition, the Corps has developed a
process to certify that wetland
' delineators have met certain minimum
standards (see § 333.4 below).
Furthermore, the Corps has established
a process to expedite decisions on,
wetland delineators submitted by
certified delineators (see § 325.2(c)).
§333.3 Definitions.
For purposes of this regulation these
terms are defined as follows:
(a) The term accuracy determination
refers to the process whereby the
District Engineer determines that a
wetland delineation submitted by a
certified wetland delineator is
consistent with the current Federal ^
wetland delineation methodology. Such
delineations may include some flaws
which the Corps determines are minor
and that can be easily corrected.
(b) The term wetland delineation
means a final Corps of Engineers
delineation, or verification by the Corps
of a delineation submitted by an.
applicant or an applicant's ,
representative, indicating the acreage
and boundaries of a subject property
that is wetland in accordance with tne
current Federal wetland delineation
methodology. Additionally, the term
includes reverification of expired .
wetland delineations and reverificatipn
of wetland delineation where new
information has become available that
may effect the final wetland delineation.
(c) The term wetland determination
means a preliminary Corps of Engineers
determination as to whether or not
wetlands exist on a subject property.
(d) The term jurisdictional .
determination means a final Corpsof
Engineers determination that a wetland
and/or waterbody is subject to
regulatory jurisdiction under Section
404 of the Clean Water Act or a final
Corps determination that a waterbody is ,
subject to regulatory jurisdiction under
Sections 9 and 10 of the Rivers and^
Habors Act of 1899, Additiomilly, the.
term includes reverification of expired
jurisdictional determinations and
reverification of jurisdictional
determinations where new information
has become available that may effect the
final determination.
(e) The term certification refers to toe
' Corps'official recognition that an
individual has successfully - _
demonstrated that he or she is capable
of performing wetland delineations
consistent with the current Federal
wetland delineation methodology in use
at the time of certification.
(f) The term, certified wetland
delineator means an individual who has
met all prerequisites and testing ' •
requirements of the Corps of Engineers
wetland delineator certification
program."The certified wetland
delineator is able to submit wetland
delineations to the Corps and receive
expedited review and decisions as to tne
completeness and accuracy of the
delineation.
(g) The term expedited re view means-
that, to the maximum extent possible,
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District Engineers will make all
determinations as to the completeness
and accuracy of wetland delineations
submitted by certified wetland
delineators within tiiirty (30) calendar
. days of receipt in the case of wetland
delineation requests not associated with
' a permit application. : ,
• (h) The term suspension means the'
temporary removal of a wetland
delineator's Corps certification, pending
• a decision by the District Engineer' tin
whether a certification should be
' revoked. - i •
' (i) The term revocation means the
removal of a delineator's certification
with an optional ban on recertification
for a prescribed revocation period.
(j) The term substantial inaccuracies
means non-minor inaccuracies that, in
the District Engineer's judgment, have
materially affected die completeness
and accuracy of the delineation and/or
have caused substantial delays to the
District in its review of die delineation.
Substantial inaccuracies may include,
but are not limited'to: the inaccurate
application of one or more of the field
indicators for vegetation,' soils, or
hydrology; the failure to follow ,
appropriate field sampling protocol or
techniques; die submission of
inaccurate or incomplete data forms; or
the reach of erroneous conclusions
about the presence and/or extent, of
wetiands at a site.
(k) The term history of substantial
inaccuracies means 2 or more
substantial inaccuracies in wetiand
; delineations submitted to the Corps by
die same certified wetland delineator
widiin the same District, or 3 or more
\ substantial inaccuracies die Corps has
documented in different Districts, with
at least one of these inaccuracies ' ,
recorded in the District contemplating a
revocation action.
§3334 'Certification process,
(a) Prerequisites: The certification
process is designed to identify tiiose
individuals who possess die requisite
knowledge and skills necessary to
conduct .and appropriately document
wedand delineations consistent with
the current Federal wedand delineation
mediodology in, use at die time of
certification. The certification process,
which will be administered by Corps
. . district offices, involves .two steps:
meeting all prerequisites, and passing
all tests.
(1) The prerequisites will consist of
7 written documentation demonstrating
diat-die WDCP applicant has:
(i) At least two (2) years experience in
delineating wedands for any Federal,
State, or local governments,, or die
private sector, and
(ii) Completed wedand delineation
training as set forth; in die Corps training
materials developed for die WDCP.
(2) The training packagerwill be made
available only to training sources for
instruction by a VVDCP certified wetland
delineator. •'-•.'.•_'.-.
• (b) Testing: The WDCP involves two
(2) types of tests: .a national written test,
and a regional field proacticum. WDCP
applicants meeting all prerequisites will
be scheduled for the written test. A
minimum score of 80% will be required
to successfully complete die written
test. WDCP applicants will be permitted
to retake die written test a maximum of
three (3) times, or die field practicum a
maximum of two (2) times,.unless die
; WDCP applicant can provide ,
documentation tiiat die required
training has been repeated since die last
practicum. During die practicum, WDCP
applicants will be asked to collect data
and document conclusions. A minimum
score of 80% on die field test will be
required. WDCP applicants who pass
both die written test and field practicum
will receive documentation of
certification by die applicable Corps
district. '
(c) Certification. In order to receive •;
expedited review and consideration by
die Corps, certified wetiand delineators
will be required to submit a copy of
their certification, in addition to otiier •
required documentation, to the Corps in
conjunction witii each request for a
verification of a wedand delineation.
Wetiand delineations conducted.in
whole or in part by an uncertified
individual may receive expedited
review and consideration if it is
reviewed, adopted, and signed by a
Corps-certified wetland delineator. The
, certified wedand delineator must state
that the he orshe has personally
reviewed and .concurred witii die ; -
wedand delineation and has found die
documentation to be satisfactory. By
signature and submittal, certified-
wedand delineators accept
responsibility for die completeness and
accuracy of die wetiand delineation,
and are subject to die suspension or
revocation procedures described in
§ 333.7, and legal penalties regarding:
false information.
§333.5 Validity of certifications.
Generally, certifications made
pursuant to these regulations will be
valid widiin die Corps division
'boundaries'of die certifyihg district.
However, due to the unique features of
wetland characteristics in some districts
(e.g., Alaska), Corps divisions may -
confine die validity of certain
certifications to a district-or set of -
districts. Certifications will remain valid
for a period of five (5) years, at which
time recertification will be necessary.
§333.6 Recertification.
(a) Recertification through die WDCP
will be required every five (5) years,
unless otiierwise required by die Corps.
WDCP applicants for recertification may
be expected,to complete die testing
requirements (written, field, or both, as
determined by tie district) which have
been adopted for die final WDCP. If die
Corps adopts use of a new wetiand ;
delineation metiodology, or events
beyond tie Corps' controLnullify tie
original certification of a wetiand
delineator made by tie Corps,
recertification may be required at'a
greater frequency.
(b) Minor changes in the Corps
- wetiand delineation policy and/or
procedures will typically not require
recertification. The Corps will notify
certified individuals of minor .
modifications by mail. The extent of tie
modification will dictate tie need for-"
- recertification (e.g, a new wetiand
delineation manual may require
' recertification while use of a new data
form may not). Once notified, certified
wedand delineators will be expected to
incorporate tiiese modifications into all
future wetiand delineations tiiey
• submit. Failure to do so maybe grounds
for suspension of an individual's
certification. ."••...
§ 333.7 Suspension or revocation of
certifications. .' _,
(a) A District Engineer may suspend
or revoke a delineator's certification if
die District Engineer determines tiiat die
wedand delineations submitted-by die
certified wedand delineator exhibit a
history of substantial inaccuracies.
Revocation will result in removal of an,
'individual from lists provided to die
public, while suspension will not. This
will ensure tiiat the list of certified
wedand delineators given to die public
. does not contain certified wedand
delineators tiiat repeatedly perform and/
or submit inaccurate wedand
delineations and tirus delay, rattier tian
expedite, die Corps acceptance of
' wedand delineations.
(b) Procedures—^1) Records. Districts
will maintain accurate records on all .
substantial inaccuracies identified in
wedand delineations submitted by •,
certified wedand delineators. Whenever
any District identifies such ari
inaccuracy, die District will notify die
certified wedand delineator and allow
the delineator to write a letter
explaining die inaccuracy. Such letter:
will be maintained in die delineator's .
file. If'tie District discovers that -a
certified wtitiand delineator has
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13662
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submitted 2 or more substantially
inaccurate delineations to the District,
or 1 substantially inaccurate delineation
to the District and 2 or more '
delineations to other Districts, and the
Chief of the Regulatory office believes
that these inaccuracies warrant
revocation, than the Chief of the
Regulatory office should prepare, with
the advice of counsel, a report for the
District Engineer substantiating these
inaccuracies along with a
recommendation to revoke the
delineator's certification.
(2) Notification. If the District
Engineer agrees that revocation may be
warranted. The District Engineer shall
send a letter to the delineator
explaining:
(i) That the District Engineer is
considering whether to revoke the
delineator's certification.
(ii) That the delineator's certification
is suspended pending the District
Engineer's decision.
(iii) The causes for the potential
revocation, including the substantial
inaccuracies identified, and .
(iv) That the delineator has 30 days
from receipt of the District Engineer's
letter to send a response letter providing
mitigating or extenuating circumstances,
or stating a defense against the causes
for revocation.
(3) Delineator response. In the
response letter, the delineator should
include a complete explanation of any
mitigating or extenuating circumstances
demonstrating that revocation is
unwarranted. The delineator should ,
also provide any defenses to the stated
causes for revocation, including any
assertion that he or she may choose to
make that no substantial inaccuracies
°°(4\Reviewand decision. The District
Engineer must consider any certified
wetland delineator response letter
submitted. If a letter raises any genuine
issues of fact, the District Engineer,
exercising appropriate discretion, may
decide to meet with the delineator to
discuss these issues. After considering
aU information gathered by the District
and submitted by the delineator, the
District Engineer should make the
decision, based on a preponderance ot
the evidence, as to whether or not to
revoke the delineator's certification.
(5) Notification of decision to
delineator. Absent extenuating
circumstances, the District Engineer
shall decide whether to revoke a
certification within 30 days of receiving
the delineator's response letter or any
meeting with the delineator, whichever
is later. A letter stating the District
Engineer's decision shall be sent to the
delineator by certified mail, return
receipt requested.
(6) Notification to other corps
districts. If the District Engineer s
decision is to revoke a certification, the
District shall notify all other Corps
Districts that the delineator is no longer
certified, and the individual's name will
be removed from the list of certified
wetland delineators given to the public.
(c) Revocation period. Revocation
periods are measured from the
beginning of the suspension. The
District Engineer should assign a
revocation period commensurate with
the seriousness of the causes for
revocation, but no longer than 2 years.
The District Engineer may reduce the
length of the revocation period alter it
is assigned, if new information or other
appropriate reasons develop. - •
Delineators can apply for recertification
only after the revocation period has
ended.
(d) Scope of revocation. (1) A
revocation only applies to.the
certification of the person who signed
the delineations identified as
inaccurate. Thus, a revocation cannot be
imputed to other certified delineator in
the same consulting firm as a decertified
delineator.
(2) The revocation shall apply ,
nationwide.
(e) Appeal. A revocation may be
appealed in writing to the Division
Engineer setting forth matters in .
extenuation, mitigation, or disagreement
with the revocation. After reviewing
hoth the appeal letter and the
, administrative record, the Division
Engineer will reverse the District
Engineer's decision to revoke the
delineator's certification only if the ;
determination is found to be arbitrary or
capricious. The Division Engineer must
notify both the delineator and the
District Engineer of the decision. Only
after the conclusion of this appeal
process may a delineator seek redress m
Federal court •
§ 333.8 Maintenance of lists.
The Corps will maintain two (2) lists ,
for the WDCP. The first will be a list of
individuals within a Division who have
been certified by one of its Districts
through the final WDCP. The second
will be the list of training sources •
providing the prerequisite training. All
training intended to meet the mandatory
prerequisite will be conducted by a
certified wetland delineator as an
instructor. Both lists will be available to
the public:
[FRDoc. 95-5873 Filed 3-13-95; 8:45 am]
BILLING CODE 3710-92-M
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