[From the U.S. Government Printing Office, www.gpo.gov]
-,~~~~~~~~~~~q M � - ~~R~~PM~ r *-m A a g S U S~~~~~~~~~~~~~~~~~~~~~~~ QH~~~~~~~~~ 541 .M3 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - .. 2 - 2 - W4~~~~~~~.- ;-"~- 2~ '&2~ 9'2Q 1991 go - GAO ~~~United States General Accounting Office GAO ~~~Washington, D.C. 20548 Resources, Community, and Economic Development Division B-24 6559 November 22, 1991 The Honorable Mike Synar Chairman The Honorable William F. Clinger, Jr. Ranking Minority Member Environment, Energy, and Natural Resources Subcommittee Committee on Government Operations House of Representatives The Honorable Bob Wise Chairman Government Information, Justice, and Agriculture Subcommittee Committee on Government Operations House of Representatives The Honorable John Cox, Jr. House of Representatives This fact sheet responds to your April 29, 1991, request for an overview of federal and state wetlands-related policies, legislation, and programs. Your request was based on your concern about the confusion that now exists among those who must comply with various wetlands-related laws and regulations and among policymakers who must oversee wetlands-related policies and programs, respond to wetlands- related inquiries, and legislatively address wetlands- related issues. Historically, wetlands were considered unimportant areas to be filled or drained for various uses. More recently, the benefits of wetlands--such as providing fish and wildlife habitat, maintaining water quality, abating erosion and aiding *in flood control, and offering recreational and aesthetic opportunities--have become better known. However, according to one federal estimate, over one-half of the original 221 million acres of wetlands in the contiguous 48 states have already been lost and another 290,000 acres are being lost annually to agriculture, development, and other causes. B-24 6559 in summary, federal statutes regulating or otherwise protecting wetlands have evolved piecemeal over the years; from time to time, new laws have been enacted to fill gaps in existing coverage. No less than 25 laws provide for such things as (1) regulating activities undertaken in areas designated as wetlands, (2) acquiring wetlands or protecting them through easements preventing certain activities, (3) restoring damaged wetlands or creating new ones, and (4) providing disincentives to altering wetlands and/or incentives to protect them in their natural state. In addition, in 1989, the President announced a goal of no net loss of wetlands and assigned the task of developing a national wetlands policy to the White House Domestic Policy Council. The Council is currently considering how to implement the President's goal. At the program level, six federal agencies are primarily responsible for implementing existing wetlands-related legislation: the Army Corps of Engineers, the Environmental Protection Agency, the Department of Agriculture's Soil Conservation Service (SCS) and Agricultural Stabilization and Conservation Service, the Department of the Interior's Fish and Wildlife Service, and the Department of Commerce's National Marine Fisheries Service. Of these agencies, the Corps generally determines whether proposed projects involving wetlands require permits, and SCS identifies wetlands subject to the Swampbuster provision of the 1985 Food Security Act. From fiscal years 1988 through 1990, the Corps made over 74,000 determinations relative to its permit programs, and since 1985 SCS has made over 2 million. Of the host of federal programs relating to wetlands, only Agriculture's administration of the Swampbuster provision directly affects eligibility for other federal benefits. In addition to the numerous federal policies, statutes, and programs, laws specifically applicable to wetlands have also been enacted by most states. These laws range from those that authorize some states to acquire and preserve wetlands to those that require state permits for construction on wetlands. Fragmentation of responsibilities relating to wetlands at the federal and state levels has necessitated extensive coordination efforts among the various agencies. Numerous interagency agreements, joint wetlands mapping arrangements, and cooperative public educational efforts have been set in place. 2 B-24 6559 Section I of this fact sheet defines wetlands and discusses why they are important. Section 2 identifies how many wetlands remain and explains why others have been lost. Section 3 provides an overview of the federal government's recent policy and approach toward wetlands. Sections 4 and 5 discuss existing and proposed legislation relating to wetlands. Section 6 identifies the federal agencies primarily responsible for administering wetlands-related programs, while section 7 provides a rough estimate of the resources each of these agencies devotes to wetlands-related programs. Section 8 provides a brief overview of the states' wetlands-related laws and programs. Coordination of wetlands-related programs is discussed in section 9. Section 10 describes some ways in which the public can learn about wetlands-related programs and their requirements. To assist the public in finding out more about wetlands- related laws and programs, appendixes I through VII list contacts for the various major federal and state agencies with wetlands-related responsibilities. Appendix VIII builds on the information in section 2 by providing estimates of the wetlands lost in the United States from the 1780s to the 1980s, by state. In gathering the information contained in this fact sheet, we reviewed studies and reports on wetlands-related policies and programs. We obtained information relating to wetlands legislation and federal programs. We also reviewed and included in this fact sheet findings from extensive work we have previously done on various federal wetlands protection programs. Throughout our work, we discussed various wetlands-related issues with, and obtained information from, knowledgeable agency officials. However, as requested, we did not obtain written agency comments on a draft of this fact sheet. Our review was conducted from June through October 1991 in accordance with generally accepted government auditing standards. Unless you publicly announce its contents earlier, we plan no further distribution of this fact sheet until 30 days from the date of this letter. At that time, we will send copies to the Secretaries of Agriculture, Commerce, Defense, 3 B-246559 and the Interior; the Administrator of EPA; and other interested parties. We will make copies available to othero' upon request. If you have any questions about this fact sheet, please contact me at (202) 275-7756. Major contributors to this fact sheet are listed in appendix IX. m7 ffus III Director, Natural Resources Management Issues 4 CONTENTS Page LETTER I SECTION I WHAT ARE WETLANDS AND WHY ARE THEY IMPORTANT? 8 2 HOW MANY WETLANDS REMAIN AND WHY HAVE SO MANY BEEN LOST? 11 3 WHAT HAS BEEN THE FEDERAL GOVERNMENT'S RECENT POLICY AND APPROACH TOWARD WETLANDS? 15 4 WHAT WETLANDS-RELATED LEGISLATION HAS BEEN ENACTED? 19 5 WHAT WETLANDS-RELATED LEGISLATION IS PENDING BEFORE THE CONGRESS? 30 6 WHICH FEDERAL AGENCIES ARE PRIMARILY RESPONSIBLE FOR ADMINISTERING WETLANDS-RELATED PROGRAMS? 32 7 WHAT RESOURCES HAVE FEDERAL AGENCIES DEVOTED TO IMPLEMENTING AND ENFORCING WETLANDS-RELATED PROGRAMS? 37 8 DO STATES HAVE WETLANDS-RELATED PROGRAMS? 39 9 HOW ARE FEDERAL AND STATE WETLANDS AND WATER-RELATED PROGRAMS COORDINATED? 40 10 HOW DO PRIVATE PARTIES LEARN ABOUT WETLANDS PROGRAM REQUIREMENTS? 44 APPENDIX I ~~~DEPARTMENT OF THE ARMY CORPS OF ENGINEERS DIVISION AND DISTRICT OFFICE WETLANDS CONTACTS 45 11 ENVIRONMENTAL PROTECTION AGENCY OFFICE OF WETLANDS PROTECTION PROGRAM OFFICE CONTACTS 55 5 APPENDIX III DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE PROGRAM OFFICE CONTACTS 59 IV DEPARTMENT OF AGRICULTURE AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE STATE EXECUTIVE DIRECTOR CONTACTS 65 V DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE REGIONAL OFFICES AND PROGRAM OFFICE CONTACTS 70 VI DEPARTMENT OF COMMERCE NATIONAL MARINE FISHERIES SERVICE PROGRAM OFFICE CONTACTS 81 VII STATE AGENCY WETLANDS CONTACTS 82 VIII ESTIMATES OF WETLANDS PRESENT IN COLONIAL AMERICA AND IN THE 1980s 91 IX MAJOR CONTRIBUTORS TO THIS FACT SHEET 93 TABLE 1.1 List of Division and District Engineers 47 II.1 List of EPA Regional Contact Persons 57 iII.1 List of SCS State Conservationists 59 IV.1 List of ASCS State Executive Directors 65 V.1 List of FWS Program Office Contacts 71 VI.1 List of NMFS Regional Directors 81 FIGURE 1.1 Atlantic Salt Marsh Wetlands 8 1.2 Prairie Pothole Wetlands 9 1.3 Waterfowl Production Area 10 6 FIGURE 2.1 Percent of Wetlands Present in the United States in the 1780s and the 1980s 12 2.2 Wetlands Losses Attributed to Agricultural Activities 14 2.3 Wetlands Losses Attributed to Housing and Highway Development 14 4.1 Classification of Certain Major Federal Wetlands-Related Legislation by Primary Purpose 20 1.1 Corps of Engineers Offices 46 'I1.1 EPA Regions 56 V.1 FWS Regions 70 ABBREVIATIONS ASCS Agricultural Stabilization and Conservation Service CRP Conservation Reserve Program EPA Environmental Protection Agency FWS Fish and Wildlife Service GAO General Accounting Office NMFS National Marine Fisheries Service SCS Soil Conservation Service 7 SECTION 1 WHAT ARE WETLANDS AND WHY ARE THEY IMPORTANT? "Wetlands" is a general term used to describe a variety of ecosystems.1 Wetlands are transitional zones between open water and dry land. They often occur where water is found at or near the ground's surface or in places where the ground is covered by shallow water ranging from a few inches to several feet. Wetlands generally include swamps, marshes, and bogs. Throughout the United States, wetlands are known by many other names--prairie potholes, sloughs, fens, mangroves, pocosins, wet meadows, savannahs, wet tundra, playa lakes, and vernal pools. Some wetlands are dry during certain seasons and, therefore, do not always appear to people as wet habitat. Prairie potholes are characteristic of this type of wetlands. Such potholes are freshwater depressions and marshes, often less than 2 feet deep and 1 acre in size, that were created by glaciers thousands of years ago. Figures 1.1 and 1.2, respectively, show traditional Atlantic salt marsh wetlands commonly found along the East Coast and prairie pothole wetlands commonly found in the North Central United States. Fiaure 1.1: Atlantic Salt Marsh Wetlands Source: Fish and Wildlife Service (FWS). 'An ecosystem is defined as a system of mutual relationships between organisms and their environment. 8 Fiaure 1.2: Prairie Pothole Wetlands a.,ii-.~~~~~~~~~~~~~~~i Source: FWS photograph by L. Childers. In contrast to the past, when wetlands were considered to be unimportant and even worthless areas to be filled or drained for agricultural or developmental activities, wetlands are now recognized for a variety of important functions, including the following: -- They provide vital resting, breeding, and feeding habitat for birds, including migratory waterfowl, such as ducks and geese. Over one-half of all North American ducks, for example, nest in the prairie potholes of the North Central United States and Southern Canada. More than half of all threatened or endangered species depend directly or indirectly on wetlands during their life cycle. -- They provide economic benefits. For example, they provide spawning grounds for commercially valuable fish and shellfish. -- They help maintain water quality by filtering out pollutants to purify water before it enters streams, lakes, or oceans. -- They control floods by slowing down and absorbing excess water during storms and then slowly releasing the stored water to reduce peak flows downstream. -- They protect coastal and upland areas from erosion by absorbing and dissipating the impact of waves. 9 -- They provide aesthetic and recreational opportunities, including fishing, hunting, and birdwatching. Altering wetlands for various purposes can greatly diminish their effectiveness in providing these important functions. For example, loss of wetlands habitat is the major reason for severe declines in some migratory waterfowl populations.2 This decline has been a concern of the United States, Canada, and Mexico, which have various initiatives under way to address the problem. A waterfowl production area in the Prairie Pothole Region of the United States, which encompasses parts of Minnesota, North and South Dakota, Montana, and Iowa, is shown in figure 1.3. Fiaure 1.3: Waterfowl Production Area _ A~~tA Source: FWS. Similarly, when development occurs in coastal areas, it can interfere with natural processes and harm fish and wildlife habitat. Development also reduces the coastal area's ability to protect populated inland areas from hurricanes and other storms and can therefore increase by millions of dollars the costs incurred by federal and state governments to clear away storm debris and provide temporary food and shelter to residents displaced by the storms. 2Wetlands Preservation: Easements Are Protectina Prairie Potholes but Some Improvements Are Possible (GAO/RCED-92-27, Nov. 7, 1991). 10 SECTION 2 HOW MANY WETLANDS REMAIN AND WHY HAVE SO MANY BEEN LOST? In 1989, the Congress passed the North American Wetlands Conservation Act (P.L. 101-233), which directed the Secretary of the Interior to assess the estimated number of acres of wetlands present in the 1780s and in the 1980s. The Interior Department's Fish and Wildlife Service (FWS), using various data sources, estimated that over this 200-year period, the contiguous 48 states had lost an estimated 53 percent of their original 221 million acres of wetlands. An estimated 104 million acres of wetlands remained in these states as of the 1980s, according to FWS estimates. FWS estimates suggest that the annual rate of loss has declined from about 458,000 acres during the period from the mid- 1950s to the mid-1970s to about 290,000 acres currently. STATE-BY-STATE ESTIMATES OF REMAINING WETLANDS In 1990, FWS concluded that 19 of the contiguous states had lost more than one-half of their original wetlands. Figure 2.1 shows FWS' estimates of wetlands in the United States in the 1780s and the 1980s. State-by-state estimates are provided in appendix VIII. FiQure 2.1: Percent of Wetlands Present in the United States in the 1780s and the 1980s Wetland Distribution Circa 1780's Wetland Distribution Circa 1980's =o0 1to5 5to52 12t25 _ 25to50 _ 50 to 55 Source: T.E. Dahl, Wetland Losses in the United States: 1780s to 1980s, U.S. Department of the Interior, Fish and Wildlife Service (Washington, D.C.: 1990), 13 pages. 12 REASONS FOR WETLANDS LOSSES Historically, over 80 percent of past wetlands losses have been attributed to drainage and clearing of inland wetlands for farming. Iowa, for example, has already lost an estimated 99 percent of its natural marshes to agricultural drainage, and almost 60 percent of the original prairie pothole wetlands of the Dakotas have been converted to cropland. Recent studies, however, indicate that wetlands losses to agricultural activities have been declining. In some regions of the country, such as the Mississippi Delta and certain parts of the western and midwestern United States, federally funded water resources projects have contributed to significant losses of natural wetlands. However, these projects also restore or create wetlands to mitigate some of these losses. other public works projects, such as roads, airports, public buildings, recreational facilities, energy production and distribution systems, and water and sewer systems that are located in and adjacent to wetlands, account for considerable wetlands alterations. In addition, private projects or activities, such as marinas, commercial facilities, housing developments, and individual homes, can adversely affect wetlands. Figures 2.2 and 2.3 show some of the activities that cause wetlands losses in the United States. 13 Fiaure 2.2: Wetlands Losses Attributed to Aaricultural Activities Source: FWS. Figure 2.3: Wetlands Losses Attributed to Housina and Highwav Development Source: Environmental Protection Agency photograph by Doug Thompson. 14 SECTION 3 WHAT HAS BEEN THE FEDERAL GOVERNMENT'S RECENT POLICY AND APPROACH TOWARD WETLANDS? At the time of our review, the issue of wetlands protection was being debated before the Congress and in the executive branch in an attempt to establish a federal wetlands policy and define the scope of the federal effort to save the nation's remaining wetlands. Central to the current debate on wetlands is their continuing loss versus the economic impacts related to stemming their decline. Efforts to stem this decline will be widely felt and may require the expenditure of hundreds of millions of dollars to, among other things, acquire lands and easements, compensate private landowners for the loss of property values, and implement the myriad federal programs relating to wetlands. Another major consideration is how to implement the goal of no net loss of remaining wetlands, as proposed by the President and various environmental and other organizations, and included in certain existing and proposed legislation. in 1987, the National Wetlands Policy Forum,1 convened by the Conservation Foundation2 at the request of the Environmental Protection Agency (EPA), found that the nation's wetlands programs contain many of the elements needed for a comprehensive protection system. However, the Forum determined that the current programs lack a clear and coherent goal. The Forum recommended that a national wetlands protection policy be established to achieve no overall net loss of the nation's remaining wetlands base, as defined by acreage and function, and to restore and create wetlands, where feasible, to increase the quality and quantity of the nation's wetlands resource base. The no-net-loss goal, as proposed, is not intended to imply that individual wetlands will in every instance be untouchable; rather, the intent is that the nation's overall wetlands base will reach equilibrium between losses and gains in the short run and that it will increase in the long term. 'The 20 members of the Forum included 3 governors, a state legislator, and heads of state agencies; a town supervisor; chief executive officers of environmental groups and businesses; farmers and ranchers; and academic experts. In addition, senior officials from five principal federal agencies involved in wetlands protection and management participated as ex-officio members. 2The Conservation Foundation is a nonprofit research and communications organization dedicated to encouraging human conduct to sustain and enrich life on earth. 15 On February 9, 1989, the President said that the private and public sectors must work together to find ways to conserve wetlands; he further said that the nation's goal should be no net loss of remaining wetlands. On May 23, 1989, the White House established an Inter-Agency Task Force on Wetlands,3 under the Domestic Policy Council's Working Group on Environment, Energy and Natural Resources, to examine ways to achieve no net loss of wetlands as a national goal. The task force's objectives are to (1) recommend revisions to existing presidential executive orders on wetlands protection and floodplain management; (2) establish no net loss of wetlands as a national goal; (3) provide direction to federal agencies for strengthening, implementing, and enforcing wetlands protection, maintenance, and restoration; (4) coordinate agency involvement in achieving the no-net-loss goal; (5) study and recommend ways to encourage state and local governments and the private sector to support the no-net-loss goal; (6) assess implementation of the no-net-loss goal by federal, state, and local governments and the private sector to determine what further steps might be necessary to achieve the goal; and (7) solicit state and local government and private sector views on wetlands issues. Recently, the Inter-Agency Task Force on Wetlands, with participation by other executive branch agencies, proposed revisions to the wetlands delineation criteria included in a Federal Manual for Identifvina and Delineatina Jurisdictional Wetlands, which became effective on March 20, 1989. The manual had been developed by, and represented a consensus of, four federal agencies (Interior's Fish and Wildlife Service, Agriculture's Soil Conservation Service, EPA, and the Army Corps of Engineers). However, the public had not been given an opportunity to comment on the manual before it became effective, and its provisions have become a concern to private landowners throughout the country. Because most of the remaining wetlands in the contiguous states are privately owned and because virtually any project or activity, depending on its location, can adversely affect wetlands, the nature and breadth of any wetlands delineation criteria can have major economic impacts. Agricultural producers and landowners are likely to be among the groups most significantly affected by such criteria. Real estate investors, land developers, lenders, contractors, industrial companies, local governments, transportation planners, the mining industry, coastal oil and gas drilling companies, and timber companies will also be affected. 3The task force comprised representatives from the Departments of the Interior, Agriculture, Commerce, Defense, Housing and Urban Development, and Transportation; EPA; the Office of the Vice President; the office of Management and Budget; the Council on Environmental Quality in the Executive Office of the President; and the office of the Assistant to the President for Economic and Domestic Policy. 16 Before 1989, the generally accepted definition of wetlands had been drawn from federal regulations implementing section 404 of the Clean Water Act of 1977. In these regulations, wetlands are defined as "those areas that are innundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas." The 1989 manual had the effect of significantly expanding the definition of the nation's wetlands. The manual defined wetlands as areas that have water within 18 inches of the surface for 7 days during the growing season and used indicators of vegetation, soils, and hydro logy4 to delineate wetlands boundaries. in response to concerns from the public, the task force proposed significant revisions to the manual and, in August 1991, published them for public comment in the Federal Reaister. The public comment period on the revisions ends December 14, 1991. The proposed revisions would once again significantly change the criteria for delineating wetlands for federal program purposes. Under the proposed revisions, wetlands would be limited to areas having standing water for 15 consecutive days or having surface soil saturated for 21 consecutive days during the growing season. Environmental groups are concerned that the proposed revisions to the definition of wetlands could result in the declassification of millions of acres considered wetlands under the 1989 manual criteria. Among the areas that environmental groups are most concerned about are those, such as prairie potholes, that are wet only during certain seasons. Although we made several attempts to discuss the formulation and status of wetlands policy with White House Domestic Policy Council officials, the Council did not make officials available to meet with us. However, we determined that, as of October 1991, the task force had not completed work on at least two of its primary objectives: recommending revisions to two existing presidential executive orders that deal with floodplain management and wetlands protection, and coordinating agency involvement in achieving the no-net-loss goal. Executive Order 11990, signed by the President in 1977, directed federal agencies to minimize adverse effects on wetlands, protect these resources, and undertake or allow new construction in wetlands only when there are no practical 'Hydrology deals with the distribution of water on the earth's surface and underground and the cycle involving evaporation, precipitation, etc. 17 alternatives. Executive Order 11988, also signed in 1977, entitled "Floodplain Management," requires each federal agency to avoid direct or indirect support of floodplain development wherever there is a practical alternative. Since many wetlands are located in floodplains, this order could influence wetlands development. Federal agencies concerned with wetlands protection are developing strategies to address the no-net-loss goal. In addition, although the task force has not completed its work, the President announced a three-point plan for improving the protection of the nation's wetlands on August 9, 1991. The plan seeks to balance protection, restoration, and creation of wetlands with the need for economic growth and development. The Plan is designed to --strengthen wetlands acquisition programs and other efforts to protect wetlands, --revise the 1989 manual defining wetlands to ensure that it is workable, and --improve and streamline the current wetlands regulatory system. In addition, the United States and Canada have developed a plan--the North American Waterfowl Management Plan--to focus particularly on the Prairie Pothole Region of the two countries. Aimed at restoring waterfowl populations to the levels of the 1970s, the plan emphasizes raising funds from private sources for the acquisition and improvement of waterfowl habitat, much of which is wetlands. Mexico signed a memorandum of agreement with the United States and Canada to aid in this effort. Habitat can be purchased, leased, or protected with conservation easements, and landowners are offered economic incentives for land-use practices that are beneficial to waterfowl. 18 SECTION 4 WHAT WETLANDS-RELATED LEGISLATION HAS BEEN ENACTED? The federal government does not have a comprehensive wetlands protection statute. Rather, federal statutes regulating or otherwise protecting wetlands have evolved piecemeal over the years. New laws have been enacted from time to time to fill gaps in coverage under previously enacted legislation. Among the numerous laws enacted by the Congress that affect wetlands are those that result in (1) the regulation of activities undertaken in areas designated as wetlands; (2) the acquisition of wetlands through outright purchase (fee-title acquisition) or through protective easements that prevent certain activities, such as draining, leveling, filling, or burning; (3) the restoration of damaged wetlands or the creation of new wetlands; and (4) disincentives to altering wetlands or incentives to protect them in their natural state. Figure 4.1 shows some federal wetlands- related legislation by primary purpose. 19 Fiaure 4.1: Classification of Certain Maior Federal Wetlands- Related Leaislation by Primary Purpose Regulation Restoration Section 404 of the Clean Water Title Xll of the Food Security Act of 1977 Act of 1985 (Conservation Reserve Program) Coastal Wetlands Planning, Protection, and Restoration Act Water Resources Development Act of 1990 Wetlands Preservation Acquisition Incentive/Disincentive Migratory Bird Hunting Stamp Act, Title XII, Subtitle C of the Food as Amended, (Wetlands Acquisition) Security Act of 1985 Emergency Wetlands (Swampbuster) Resources Act of 1986 Water Bank Act Land and Water Conservation Fund Act O National Wildlife Other Refuge System Act Coastal Barrier Resources Act Fish and Wildlife Coordination Act Endangered Species Act Coastal Zone Management Act MAJOR WETLANDS-RELATED LEGISLATION Of the numerous wetlands-related statutes enacted, at least six stand out as having major impacts on wetlands. Each of these six laws affecting wetlands is discussed below. Section 404 of the Federal Water Pollution Control Act ("Clean Water Act") (33 U.S.C. 1344) Section 404 of the Clean Water Act provides the principal federal authority to regulate wetlands use. Under section 404, landowners and developers must obtain permits in order to carry out dredging and fill activities in navigable waters, which include 20 adjacent wetlands. The act specifically exempts certain activities--normal agriculture, silviculture (forestry), and ranching--provided that they do not convert areas of U.S. waters to uses to which they were not previously subject and do not impair the flow or circulation of such waters or reduce their reach. The Food Security Act of 1985 (P.L. 99-198, 99 Stat. 1354) By most estimates, section 404 regulates only about 20 percent of the activities that destroy wetlands. Activities not regulated under section 404 include drainage, ditching, and channelization for agricultural production, which are major causes of past wetlands losses. To fill this gap in coverage, the Food Security Act of 1985--also referred to as the 1985 Farm Bill--included two major wetlands-related provisions, Swampbuster and the Conservation Reserve Program (CRP). The Food, Agriculture, Conservation and Trade Act of 1990 (P.L. 101-624)--referred to as the 1990 Farm Bill--amended Swampbuster and CRP. The SwamDbuster Provision (16 U.S.C. 3821) Prior to enactment of the Food Security Act of 1985, federal agricultural policies indirectly encouraged farmers to convert wetlands to farmland by providing credit and commodity price supports. The Swampbuster provision of the Food Security Act of 1985 (title XII, subtitle C) denied federal farm program benefits to producers who planted an agricultural commodity (defined as an annually tilled crop or sugarcane) on wetlands that were converted after December 23, 1985. The Swampbuster provision is the only legislative provision we are aware of that can directly affect eligibility for other federal benefits. Swampbuster violations result in farmers losing eligibility for commodity program benefits, crop insurance, disaster payments, and other federal benefits. Under the initial Swampbuster provision, producers could legally drain wetlands as long as they did not plant an agricultural commodity on the land. Furthermore, federal financial benefits were denied only in those years in which an agricultural commodity was planted on the converted land. This policy allowed producers to plant a commodity on the converted land in years when prices were high enough to make federal farm program benefits unnecessary and plant the converted land with a noncommodity crop in years when federal program benefits might be needed. The Department of Agriculture's Agricultural Stabilization and Conservation Service (ASCS) reported that, as of August 1991, benefits totaling about $3.7 million had been withheld from producers because of Swampbuster violations. The Food, Agriculture, Conservation and Trade Act of 1990 strengthened Swampbuster by stipulating that a person who drains or otherwise manipulates wetlands for the purpose, or to have the effect, of making the production of an agricultural commodity 21 possible on such converted wetlands (actual planting is not required), is ineligible for farm program benefits for that year and all subsequent years. The act also created a system of graduated sanctions for inadvertent violations and provided that farmers can regain lost federal benefits if they restore converted wetlands. The Conservation Reserve Proaram Authorized under title XII of the Food Security Act of 1985, as amended, CRP authorizes the federal government to enter into contracts with agricultural producers to remove highly erodible cropland from production for 10 to 15 years in return for annual rental payments. Program objectives include curbing the production of surplus commodities and providing income support to farmers for reducing soil erosion. The program was expanded by the Congress in early 1989 to make cropped wetlands eligible for enrollment. Under CRP, participating producers are to implement conservation plans that usually include planting a conservation cover, such as grass or trees, on the acreage to hold soil in place and reduce erosion. The federal government may reimburse producers for up to half the cost of planting the conservation cover. As of July 1991, nearly 34.5 million acres had been enrolled in CRP. The Department of Agriculture's Soil Conservation Service estimated that about 410,000 of these acres are wetlands. The annual rental payments for wetlands enrolled in the program is about $20.1 million. In 1989 we reported that a 40-million-acre CRP could cost over $22 billion by 1999; annual costs would peak at about $2.1 billion in the 1990 to 1995 time period.' The Water Bank Act (16 U.S.C. 1301) Passed in 1970, this act authorizes the Water Bank Program to provide funds to purchase 10-year easements on wetlands and adjacent areas. The act's objectives are to preserve, restore, and improve the wetlands of the nation and thereby (1) conserve surface waters, (2) preserve and improve habitat for migratory waterfowl and other wildlife resources, (3) reduce runoff and soil and wind erosion, (4) contribute to flood control, (5) contribute to improved water quality and reduced stream sedimentation, (6) contribute to improved subsurface moisture, (7) reduce acres of new land coming into production and retire lands now in production, (8) enhance the natural beauty of the landscape, and (9) promote comprehensive and total water management planning. 'Farm Proarams: Conservation Reserve Proaram Could Be Less Costly and More Effective (GAO/RCED-90-13, Nov. 15, 1989). 22 Implementation of the Water Bank Act, much like the Small Wetlands Acquisition Program established under the Migratory Bird Hunting Stamp Act, as amended, is concentrated in the Prairie Pothole Region of the United States. Under the act, private landowners or operators enter into agreements with the federal government in which they promise not to drain, fill, level, burn, or otherwise destroy wetlands and to maintain ground cover essential for the resting, breeding, or feeding of migratory waterfowl. In exchange, the landowners or operators receive annual payments. The Water Bank Program had 543,208 acres enrolled as of July 1, 1991, at an annual cost to the federal government of about $8 million. The Miaratorv Bird Huntina and Conservation Stamp Act (16 U.S.C. 718) Passed in 1934, this act requires waterfowl hunters aged 16 and older to purchase "duck stamps," the proceeds of which are deposited into the Migratory Bird Conservation Fund to be used to acquire habitat for migratory waterfowl. A large portion of such habitat is wetlands, although adjacent uplands can also be acquired to provide nesting cover. Millions of acres of wetlands and surrounding uplands areas have been preserved with these funds, either by outright purchase or through perpetual easements. For example, through fiscal year 1989, about $49 million had been spent to obtain over 23,000 easements on more than 1.2 million acres of wetlands, and another $102 million had been spent to acquire fee- simple title to almost 564,000 acres of wetlands in the Prairie Pothole Region under the Small Wetlands Acquisition Program. Under this program, landowners give up their rights to drain, fill, burn, or level wetlands. The Coastal Barrier Resources Act (16 U.S.C. 3501) The Coastal Barrier Resources Act, enacted in 1982, prohibits most new federal expenditures and financial assistance forI development of coastal barriers included in the Coastal Barrier Resources System, a major portion of which is wetlands. The purpose of the act is to minimize the loss of human life, wasteful expenditure of federal revenues, and damage to fish, wildlife, and other natural resources associated with the development of coastal barriers. Undeveloped coastal barriers include islands, spits, tombolos, and bay barriers that are subject to wind, waves, and tides.2 with certain exceptions, financial assistance is defined as any form of loan, grant, guaranty, insurance, payment, rebate, 2A barrier spit is a narrow point of land or shoal that extends from the shoreline. A tombolo is a sand bar connecting an island to the mainland or another island. 23 subsidy, or other form of direct or indirect federal assistance. Prohibitions against providing federal flood insurance on property within the system became effective October 1, 1983. Generally, the act prohibits new federal financial assistance for development of specific coastal barriers, including expenditures for --constructing or purchasing structures, appurtenances, facilities, or related-infrastructure; --constructing or purchasing any roads, airports, boat landing facilities, or other facilities on, or bridges or causeways to, any units in the system; and --carrying out any project to prevent the erosion of, or to otherwise stabilize any inlet, shoreline, or inshore area, with certain exceptions. OTHER WETLANDS-RELATED LEGISLATION In addition to the six statutes previously discussed, many other laws help protect wetlands, even though some were not enacted specifically for that purpose. Some of these laws are briefly discussed below. The Food, Aariculture. Conservation and Trade Act of 1990 (P.L. 101-624) In addition to making major changes to Swampbuster and CRP, this act established the Wetlands Reserve Program to be administered by ASCS as part of the Environmental Conservation Acreage Reserve Program. The Wetlands Reserve Program will create a wetlands reserve of up to I million acres through the use of easements of the longest term permitted by state law. Landowners may receive up to $50,000 per year in payments and 75 percent in cost-sharing assistance to implement restoration plans on acres under nonpermanent easements. For permanent easements, there is no annual payment limit and the federal government pays all the costs to implement the restoration plans. The 1987 Aaricultural Credit Act (P.L. 100-233) This act established the Farmers Home Administration Conservation Easement Program, under which lands that either have reverted or may revert to the Department of Agriculture's Farmers Home Administration can be preserved in their natural state. Under this program, the Secretary of Agriculture may grant or transfer easements on land obtained from farm foreclosures or voluntary conveyance to federal and state agencies. 24 The Coastal Wetlands PlanninQ, Protection, and Restoration Act (title III, P.L. 101-646') This 1990 act authorizes spending for wetlands restoration projects, particularly in Louisiana. The act establishes a task force and planning process for protecting and restoring coastal wetlands in Louisiana and a provision that creates a coastal wetlands restoration cost-sharing program open to all coastal states. The act also provides additional funds for North American Waterfowl Management Plan projects, which seek to protect more than 6 million acres of important wetlands. Projects thus funded help protect and restore habitat for migratory waterfowl. Seventy percent of the revenues go to restoring Louisiana coastal wetlands, 15 percent for a national wetlands grant program for all coastal states, and 15 percent to fund North American Waterfowl Management Plan projects. The Water Resources Development Act of 1990 (P.L. 101-640') This act includes provisions, as a part of the Corps' water resources development program, for no overall net loss of the nation's remaining wetlands base. The act also requires the Secretary of the Army to develop--in consultation with the Environmental Protection Agency--(EPA), the Department of the Interior's Fish and Wildlife Service (FWS), and other appropriate federal agencies--a wetlands action plan to achieve the goal of no net loss of remaining wetlands. This action plan is to be completed by November 28, 1991. Section 10, Rivers and Harbors Act of 1899 (33 U.S.C. 403') This act requires that permits be obtained from the Army Corps of Engineers for dredge, fill, and other activities that could obstruct navigable waterways, which can include wetlands. The Fish and Wildlife Coordination Act (16 U.S.C. 661') This act requires that wildlife conservation be given consideration equal to that given other purposes of water resources development projects constructed by federal agencies. This act empowers FWS and the Department of Commerce's National Marine Fisheries Service to evaluate the impact on fish and wildlife of all new federal projects and federally permitted projects, including projects granted a permit under section 404 of the Clean Water Act. 25 The Endanaered Species Act of 1973 (16 U.S.C. 1531) This act prohibits any federal agency from undertaking or funding a project that will threaten a rare or endangered species. Some wetlands development is restricted by this statute. The act can be used to prevent alterations of wetlands necessary to maintain a species' critical habitat--that is, of the geographical area that has the physical or biological features essential to conserve the species and that may require special management consideration or protection. The Emerqencv Wetlands Resources Act of 1986 (P.L. 99-645) This act promotes the conservation of wetlands in order to maintain the public benefits they provide. The purpose is to intensify cooperation and acquisition efforts among private interests and local, state, and federal governments for the protection, management, and conservation of wetlands. The act authorized the acquisition of wetlands consistent with a National Wetlands Priority Conservation Plan. It also (1) contains options for generating revenues to acquire and protect wetlands, (2) requires that statewide comprehensive outdoor recreation plans specifically address wetlands, (3) directs the completion of the mapping of the nation's wetlands, and (4) requires a study of the effects of federal programs on wetlands. The act raised the price of duck stamps, required entrance fees for selected units of the national Wildlife refuge system, and required that an amount equal to the annual duties on imported firearms and ammunition be paid into the Migratory Bird Conservation Fund. The act requires FWS to complete its wetlands inventory mapping of the contiguous United States by 1998. The Federal Aid to Wildlife Restoration Act of 1937 (16 U.S.C. 669-669i) The purpose of this act is to provide assistance to the states and territories in carrying out projects to restore, enhance, and manage wildlife resources and habitat. The Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742i) This act established FWS and authorized the Secretary of the Interior to take such steps as required for the development, advancement, management, conservation, and protection of fish and wildlife resources. Such authority can be used to protect wetlands vital to many fish and wildlife species. 26 The Everalades National Park Protection and Expansion Act of 1989 (P.L. 101-229') This act provides for the acquisition of 107,600 acres to be added to the Everglades National Park in southern Florida and provides for an increase in the water flow to the park to help restore and protect its water-dependent ecosystem. The additional acres would expand the size of the park to 1.5 million acres. The National Wildlife Refuce System Administration Act of 1966 (16 U.S.C. 668dd-668ee') This act established a National Wildlife Refuge System by combining former "wildlife refuges, areas for the protection and conservation of fish and wildlife that are threatened with extinction, wildlife ranges, game ranges, wildlife management areas, and waterfowl production areas," into a single refuge system. The system currently includes 472 national wildlife refuges covering approximately 90 million acres. FWS estimates that 35 percent is wetlands. Section 402 of the Federal Water Pollution Control Act (Clean Water Act') (33 U.S.C. 1342') This section authorizes a national system for regulating sources of water pollution, which can affect wetlands, with regulation either by EPA or through approved state programs. The Clean Water Act prohibits pollutant discharges without a permit. Pollutant discharges are allowed subject to statutory restrictions under this section. The Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6901') This act, which is administered by EPA, controls the disposal of hazardous waste and could reduce the threat of chemical contamination of wetlands. The National Environmental Policv Act of 1969 (42 U.S.C. 4321') This act provides that environmental impact statements be prepared for major federal actions. The statements must include assessments of the environmental impacts of the proposed actions, any adverse environmental effects that cannot be avoided should the proposals be implemented, and alternatives to the proposed actions. Assessments conducted under this act have been applied to- major federal actions affecting wetlands. 27 The Land and Water Conservation Fund Act of 1965, As Amended (16 U.S.C. 4601) This act supports the purchase of natural areas, including wetlands, at federal and state levels. The Emergency Wetlands Resources Act of 1986 amended the Land and Water Conservation Fund Act to (1) permit the funds to be used to acquire wetlands and (2) require the states to include the acquisition of wetlands as part of their comprehensive outdoor recreation plans. The North American Wetlands Conservation Act of 1989 (16 U.s.c. 4401) This act seeks to increase the protection and restoration of 6 million acres of wetlands under the North American Waterfowl Management Plan in an effort to increase waterfowl populations and authorizes the Congress to appropriate up to $15 million for its implementation. The act is financed, in part, by funds received from the investment of unobligated Federal Aid to Wildlife Restoration Act funds, which are derived from excise taxes on ammunition and sporting arms, handguns, and certain archery equipment, as well as from fines, penalties, and forfeitures associated with Migratory Bird Act violations. Between 50 and 70 percent of available funds are to be spent on wetlands conservation projects in Canada and Mexico; the remaining funds are to be spent on projects in the United States. Projects are recommended to the Migratory Bird Conservation Commission,3 and costs are shared with state and private organizations working toward the goal of wetlands preservation. The Coastal Zone Manacrement and Improvement Act of 1990 (16. U.S.C. 1451) Under the Coastal Zone Management and Improvement Act (subtitle C of the Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508)), the Federal Office of Coastal Zone Management in EPA sets guidelines and provides funding for states to implement coastal zone management programs. The act also requires each state with a coastal zone management program to develop a coastal water quality protection program to address pollution of coastal waters and to encourage each coastal state to improve (1) coastal wetlands protection, (2) natural hazards management, (3) public beach access, (4) marine debris management, (5) assessments of coastal growth and development, and (6) environmentally sound siting of coastal energy facilities. The act makes available grants to 3The Commission was established under the Migratory Bird Conservation Act of 1929, as amended, and includes as members the Secretaries of the Departments of the Interior, Transportation, and Agriculture, and two Senators and two Representatives from the Congress. 28 encourage the six states and territories without coastal zone management programs to develop coastal water quality protection programs. The National Flood Insurance Act of 1968 (42 U.S.C. 4001-4128') This act requires communities to develop federally approved floodplain management programs. Administered by the Federal Emergency Management Agency, the act provides subsidized flood insurance to property owners in communities with approved programs. Communities that do not adopt an approved program to regulate future floodplain uses are ineligible for most federal financial assistance, including federal disaster assistance in the event of a flood. Property owners whose land is situated in a floodplain cannot get federally guaranteed mortgages, loans, or other forms of financial assistance unless the property is covered by flood insurance. In general, the programs apply to structures in floodplains. Although not the act's primary focus, wetlands development is covered in the programs, since nearly all coastal and most inland wetlands occur in floodpiains. 29 SECTION 5 WHAT WETLANDS-RELATED LEGISLATION IS PENDING BEFORE THE CONGRESS? Several significant legislative proposals that could change federal wetlands protection policies have been introduced in the 102nd Congress. Some of the major provisions of certain bills are as follows. THE WETLANDS NO-NET-LOSS ACT OF 1991 (H.R. 251) Among other things, H.R. 251 proposes a no-net-loss goal for wetlands, establishment of an Office of Wetlands Identification and Preservation within the Department of the Interiors's Fish and Wildlife Service (FWS), and requirements for ensuring that all feasible measures are taken to avoid or minimize adverse effects of activities in wetlands during the section 404 permitting process. The bill also (1) substantially revises section 404, including the addition of permit fees that reflect actual administrative costs; (2) establishes a Wetlands Preservation Account within the General Fund of the U.S. Treasury that will include deposits of criminal penalties for violations of section 404 permits and $300 million annually transferred from the Land and Water Conservation Fund; (3) authorizes the creation of private preservation trusts (with donations to a trust eligible for treatment as charitable deductions under the Internal Revenue Code); and (4) requires taking an inventory of all government-owned wetlands and creating a management plan for these lands. H.R. 251 expands the restricted activities under section 404 to include drainage and certain other activities, rather than just the discharge of dredged or fill material. It amends the Fish and Wildlife Coordination Act by expanding FWS' authority to report on and recommend conditions for proposed water projects of the Army Corps of Engineers and other federal agencies. It also provides to the Department of Commerce's National Marine Fisheries Service new authority relating to commenting on, and making recommendations regarding, certain proposed section 404 permits. THE WETLANDS PROTECTION AND REGULATORY REFORM ACT OF 1991 (H.R. 404) This act's major provisions include (1) a no-net-loss goal; (2) a narrowed definition of wetlands similar to that proposed by the Domestic Policy Council's Inter-Agency Task Force on Wetlands; (3) a classification approach to accord differential regulatory treatment of wetlands on the basis of the acreage, function, and benefits they provide; (4) broadened section 404 permit exemptions; and (5) a repeal of the Environmental Protection Agency's (EPA) 30 authority to veto section 404 permits. The bill also facilitates assumption of section 404 responsibilities by states. THE COMPREHENSIVE WETLANDS CONSERVATION AND MANAGEMENT ACT OF 1991 (H.R. 1330) H.R. 1330 proposes a complete overhaul of the existing Section 404 Program. The bill's major provisions include (1) defining and classifying wetlands according to their size and value to the environment, (2) compensating pertain wetlands property owners, (3) broadening section 404 permit exemptions and general permits (see sec. 6 of this fact sheet), and (4) eliminating EPA's authority to veto section 404 permits. When a landowner accepts an offer of compensation for wetlands classified into the most valuable category under the act, that acceptance results in a "taking" of property by the federal government. The bill also imposes increased mapping and inventory duties on FWS, requires the Corps to establish a mitigation banking program (e.g., establishes "mitigation credits" through restoration, creation, or set-aside of wetlands to satisfy compensatory mitigation requirements when losses are unavoidable) in each state, and sets deadlines and administrative appeal procedures for the permitting process. 31 SECTION 6 WHICH FEDERAL AGENCIES ARE PRIMARILY RESPONSIBLE FOR ADMINISTERING WETLANDS-RELATED PROGRAMS? Wetlands determinations are generally made by two federal agencies--the Army Corps of Engineers and the Department of Agriculture's Soil Conservation Service (SCS). During fiscal years 1988 through 1990, the Corps made over 74,000 determinations under its permit programs. Since 1985, SCS has completed over 2 million wetlands determinations relating to Swampbuster. In addition, many other federal agencies administer or participate in programs and activities that protect the nation's wetlands. The federal agencies that are most often identified with wetlands protection include the Corps, SCS, the Environmental Protection Agency (EPA), Agriculture's Agricultural Stabilization and Conservation Service (ASCS), the Department of the Interior's Fish and Wildlife Service (FWS), and the Department of Commerce's National Marine Fisheries Service (NMFS). The role of each of these agencies in wetlands protection is briefly discussed below. THE ARMY CORPS OF ENGINEERS The Corps is responsible for issuing section 404 permits authorizing dredging or fill activities in U.S. waters, including adjacent wetlands. Other federal agencies, such as EPA, NMFS, and FWS, also have significant roles in the permit and/or enforcement processes. The Clean Water Act also authorizes state permit programs if approved by EPA. Of the approximately 15,000 project- specific permit applications the Corps evaluates each year, about 10,000 are issued and 500 denied. The remaining 4,500 applications either qualify for authorization under a general permit,' are withdrawn by the applicant, or are canceled by the Corps when the applicant fails to provide information required for a decision. The Corps also verifies authorization of approximately 40,000 minor activities each year under the terms and conditions of regional and nationwide general permits. During fiscal years 1988 through 1990, the Corps made 74,148 determinations concerning whether a proposed project or activity required a permit (jurisdictional determinations). These determinations included not only section 404 wetlands delineations but also determinations for other Corps programs. (Corps officials could not provide a breakdown of how many wetlands delineations came under section 404.) In addition, the Corps attempts to verify 'General permits are developed on either a regional or a national basis to cover activities that are similar in nature and that will cause only minimal individual and cumulative adverse impacts. 32 the accuracy of wetlands delineations performed by consultants for permit applicants. Some Corps district offices suggest that applicants hire their own consultants to perform wetlands delineations rather than wait for Corps staff to become available. The Corps' Jacksonville, Florida, District Office, which has historically processed the most section 404 permits, estimated that its wetlands delineations can take anywhere from a few hours to several weeks, depending on the magnitude of the project. District officials told us that 7 to 10 days would be an appropriate average time for such delineations in response to requests from citizens wanting to know if a permit was required for a proposed project. A public interest review is the process under which an application is considered and a decision is reached as to whether to issue a permit. Corps regulations require consideration of many factors during these public interest reviews, including wetlands values, conservation, economics, aesthetics, general environmental concerns, historic values, fish and wildlife values, flood damage prevention, land use, navigation, recreation, water supply and quality, energy needs, safety, food production, and, in general, the needs and welfare of the public. The Section 404 Program does not provide applicants with a formal administrative procedure for appealing Corps decisions. If applicants are denied a permit, Corps guidance stipulates that they can either withdraw their permit application or modify the project and reapply. Alternatively, an applicant may seek judicial review. Applicants for Corps permits can discuss their projects with relevant federal agencies and others before formally submitting their applications. Also, as part of the public interest review process, federal agencies are available to discuss with applicants any recommendations the agencies may have made relative to permit conditions if the applicants believe the conditions to be unworkable. Applicants can work directly with the field staff of the agencies that originated the permit recommendations to search for acceptable alternatives. Both the Corps and EPA have enforcement responsibilities under section 404. EPA has statutory enforcement authority to deal with discharges of dredged or fill material where no permit has been obtained. The Corps has similar authority for dealing with violations of permit conditions. In January 1989, the Corps and EPA entered into a memorandum of agreement that established the Corps as the agency primarily responsible for initial investigations of reported violations. Both the Corps and EPA have authority to seek civil or administrative remedies for unauthorized discharges in wetlands. In addition, EPA can pursue criminal action in its enforcement areas. During fiscal years 1988 through 1990, 18,140 unauthorized discharges were reported to the Corps. The Corps resolved 16,736 reported violations by requiring 33 restoration of the damage to wetlands or other actions. Some violations remained open at the end of fiscal year 1991. In addition to the unauthorized discharges, the Corps conducted compliance inspections of over 44,000 permitted activities. Almost 2,700 violations were noted as a result of these inspections. EPA In addition to its enforcement responsibilities under section 404, EPA has responsibilities relating to section 404 permits. EPA, in consultation with the Corps, developed the guidelines for selection of sites for disposal of dredged or fill materials into the waters of the United States. In addition, EPA has the responsibility for determining-the scope of "navigable waters" (waters of the United States, including adjacent wetlands) and for making interpretations of the scope of exemptions under the Section 404 Program. EPA generally defers, however, to the Corps for specific wetlands delineations. EPA also has what is often referred to as "veto" authority under subsection 404(c). Even where the Corps has already approved a permit, EPA may prohibit the disposal of dredged or fill materials at any site if use of the site will have an unacceptable adverse effect on municipal water supplies, shellfish beds and fishery areas, wildlife, or recreational areas. From inception of the Clean Water Act through October 1, 1991, EPA had completed veto actions only 11 times. FWS FWS plays an advisory role in the Section 404 Program, making recommendations to the Corps on whether to approve a permit application and on any conditions that should be incorporated into a permit prior to its approval. In addition, FWS is active in programs that protect, restore, and enhance wetlands and conducts research and distributes information concerning wetlands. For example, FWS administers the Small Wetlands Acquisition Program, which has acquired about 1.8 million acres of wetlands primarily in the North Central United States. FWS also plays a major role in implementing the Coastal Barrier Resources Act, which has resulted in the incorporation of vast wetland acreage into the Coastal Barrier Resources System. In addition, FWS manages over 90 million acres within the National Wildlife Refuge System, about a third of which are wetlands. Wetlands maps used widely across the nation come from FWS1 National Wetlands inventory. More than half of the maps planned for this inventory have been completed; the remainder are scheduled for completion by 1998. FWS assists SCS in mapping agricultural wetlands and in selecting and managing valuable wetlands to be protected under the Farmers Home Administration Conservation Easement Program and the Wetlands Reserve Program. Moreover, in 1990, FWS entered into about 1,300 agreements to implement wetlands restoration projects on highly erodible cropland removed from production under the 34 Conservation Reserve Program. FWS also assists agencies within the Department of Agriculture and farmers in designing wetlands conservation and mitigation plans necessary to qualify for Farm Bill incentives and to restore wetlands on private lands. ASCS and SCS Within Agriculture, two agencies have primary responsibility for wetlands protection--ASCS and SCS. ASCS administers and enforces the Swampbuster provision, including providing wetlands information to producers and third parties, monitoring compliance with regulations, responding to public complaints and producers' appeals of ASCS decisions, and dealing with violations of the regulations. In each state, ASCS operations are carried out in conjunction with a state committee appointed by the Secretary of Agriculture. In each of the approximately 3,080 agricultural counties throughout the United States, a county committee is responsible for local administration of ASCS operations. Potential Swampbuster violations by farmers can be resolved if the farmers present information to ASCS county committee representatives that justifies their actions. In addition, a farmer can appeal an ASCS violation determination first to the ASCS county committee, then to the ASCS state committee, and finally to the ASCS Deputy Administrator for State and County Operations. We attempted to obtain current information on Swampbuster violations and appeals but were told that Agriculture was experiencing problems with its data base and therefore could not provide us with such information. SCS is responsible for identifying the wetlands subject to the Swampbuster provision and for granting certain exemptions. SCS staff conduct wetlands delineations, notify producers of the presence of wetlands, and process producers' appeals of SCS delineations. SCS activities are carried out in about 3,000 conservation districts that cover more than 2 billion acres. SCS wetlands delineations may be appealed to the agency's conservation districts, then to its area offices (in those states with such offices), then to its state offices, and finally to the Chief of SCS. As of July 1, 1991, Agriculture reported that since the Swampbuster provision was established in 1985, SCS had completed 2,017,354 out of about 2,500,000 wetlands delineations requested by farmers during that time. These delineations involved almost 15 million acres of wetlands. The average time required to make a wetlands delineation was 1.5 hours for clerical effort and 2.5 hours for the on-site inspection. SCS has temporarily stopped accepting new requests from farmers for wetlands delineations, pending revisions to the federal wetlands delineation manual. As a result, SCS estimates that all remaining delineations will be completed by December 31, 1992. 35 NMFS NMFS is an active player in coastal wetlands issues. Under the Fish and Wildlife Coordination Act, as amended, NMFS can make recommendations regarding section 404 permit applications. These recommendations may serve as the basis for the Corps to modify, attach conditions to, or deny a permit. NMFS field office staff also work closely with state fish and wildlife agencies as well as with state water quality agencies on wetlands issues. -.. , .; ? ,.; t!. .- t:. ... ... ji 4! j/4 , " : ' 1 d b36 SECTION 7 WHAT RESOURCES HAVE FEDERAL AGENCIES DEVOTED TO IMPLEMENTING AND ENFORCING WETLANDS -RELATED PROGRAMS? Because of the diversity of laws and the resulting diversity of federal programs relating to wetlands, the precise number of staff and resources devoted to wetlands protection and enforcement cannot be readily determined. However, it is safe to say that the recent emphasis on protecting wetlands has translated into increased funding for many of the major federal wetlands-related programs. THE ARMY CORPS OF ENGINEERS The Army Corps of Engineers' regulatory program budget, much of which is devoted to the Section 404 Program, was a little over $55 million for fiscal year 1988. For fiscal years 1991 and 1992, the budget had climbed to about $75 million and $86 million, respectively. The Corps currently has a regulatory staff of over 1,000. The increased funding the Corps has received will enable it to increase its regulatory staff to a planned level of 1,250 by the end of fiscal year 1993. THE ENVIRONMENTAL PROTECTION AGENCY (EPA)i At EPA, officials advised us that the wetlands program budget has increased from $7.7 million and 96 full-time equivalent positions in fiscal year 1989, to $10.4 million and 105 full-time equivalent positions in fiscal year 1990, and to $18.8 million and 161 full-time equivalent positions in fiscal year 1991. Of the fiscal year 1990 and 1991 budget amounts, $1.2 million and $5.0 million, respectively, were for grants to states for developing and enhancing their wetlands protection programs. THE DEPARTMENT OF AGRICULTURE Wetlands protection activities of Agriculture's Agricultural Stabilization and Conservation Service totaled about $11 million in fiscal year 1989, $15.5 million in fiscal year 1990, and an estimated $15.8 million in fiscal year 1991. Total staff-years for these 3 fiscal years were 404 in 1989, 543 in 1990, and an estimated 524 in 1991. Agriculture's Soil Conservation Service (SCS) estimated that wetlands delineations under the Swampbuster provision involved 793 staff in fiscal year 1989, 1,635 in fiscal year 1990, and 793 in 37 fiscal year 1991. The cost of wetlands delineations under the Swampbuster provision for these 3 fiscal years was about $33.3, $73.6, and $38.1 million, respectively. An SCS official said that the current suspension of wetlands delineations, pending resolution and finalization of the revised federal wetlands delineation 'manual., was responsible for the decrease in staff years in fiscal year 1991. The revised manual and changes brought about by the Food, Agriculture, Conservation and Trade Act of 1990 may cause the agency to redo some or all of its previous wetlands delineations. THE DEPARTMENT OF THE INTERIOR At Interior, officials told us that funds budgeted for the various wetlands programs and activities, including research, acquisition, and education, have increased significantly. For example, in fiscal year 1989, the Fish and Wildlife Service's comprehensive wetlands budget was about $76 million; in fiscal year 1990, the budget was about $111.4 million; and in fiscal year 1991, it was about $136.7 million. These amounts include funds for operational programs for wetlands conservation and restoration, acquisitions, and other initiatives. In addition, Interior's Bureau of Reclamation reported a fiscal year 1991 budget of about $10 million for wetlands protection, restoration, enhancement, research, information, and education. THE DEPARTMENT OF COMMERCE According to a Commerce official, the National Marine Fisheries Service's Habitat Conservation Program has a total of 55 professionals, who spend about 40 percent of their time on permitting programs administered by the Army Corps of Engineers. The total budget devoted to wetlands activities runs about $2 million annually. 38 SECTION 8 DO STATES HAVE WETLANDS-RELATED PROGRAMS? In addition to various water quality programs, many states have enacted laws that apply specifically to wetlands. Some state wetlands laws protect only "wet" wetlands, such as bogs, swamps,, marshes, and tidal areas, while other state laws extend to wetlands that are more broadly defined. The laws vary from those that authorize the states to acquire and preserve wetlands to those that require permits for construction on wetlands. Some states have modeled their programs after the federal government's Section 404 Program and incorporated the same definitions, exemptions, and permit requirements as those employed by the Army Corps of Engineers and the Environmental Protection Agency. One state, Michigan, has--according to the provisions of the Clean Water Act-- assumed administration of the section 404 permitting activity for all waters within its boundaries except for those that actually are or could be used for navigation in interstate and foreign commerce, where the Corps retains jurisdiction. Some states have regulatory programs that, unlike the Section 404 Program, regulate more than the deposit of dredged and fill material into wetlands. In such instances, the Corps will generally not issue a section 404 permit unless the proposed project complies with state water-quality certifications, coastal zone management plans, and state wetlands laws. 39 SECTION 9 HOW ARE FEDERAL AND STATE WETLANDS AND WATER-RELATED PROGRAMS COORDINATED? Federal and state agencies coordinate their wetlands and water-related programs and activities in a variety of ways. Many agencies have formal memoranda of agreement that outline responsibilities for administering various aspects of their programs. These agreements vary in scope and in the number of agencies that participate in them. COORDINATION UNDER SECTION 404 OF THE CLEAN WATER ACT Interagency and intergovernmental coordination is a .requirement under the Section 404 Program. The primary mechanism for coordinating section 404 is a project-specific public notice that is sent to interested federal, state, and local government agencies; adjacent landowners; and other organizations or individuals who have expressed a desire to be on the public notice mailing list. In some areas of the country, the Army Corps of Engineers, the Environmental Protection Agency (EPA), the Department of the Interior's Fish and Wildlife Service (FWS), and the states have instituted a program of preapplication consultations with prospective applicants during which time proposals can be discussed before significant expenditures are incurred. Considerable coordination involving section 404 has occurred between the Corps and other federal agencies, particularly EPA. In enacting the Clean Water Act, the Congress took steps to ensure that the permitting process was coordinated with EPA. In this regard, the Corps uses guidelines developed jointly with EPA in its permitting decisions. In accordance with a January 1989 memorandum of agreement between the Department of the Army and EPA, the Corps generally makes wetlands delineations under the Section 404 Program, even though such authority rests with EPA. The agreement provides that the Corps will make all jurisdictional and exemption determinations unless EPA designates, in advance, special cases in which it will make the determination. Other memoranda of agreement have been signed by the Corps and EPA regarding mitigation policy and enforcement activities. The Corps also has memoranda of agreement with other federal agencies, including the Departments of the Interior and Commerce. The concept of mitigation has been the focus of considerable disagreement among federal agencies and has been the subject of extensive negotiation, especially between the Corps and EPA. The 40 President's Council on Environmental Quality stated that mitigation of adverse environmental effects should follow a "sequencing" approach. This approach involves step-by-step actions taken in order. Avoidance of adverse impacts is the first consideration. Compensatory mitigation--creating or restoring wetlands to compensate for the loss of existing, functioning wetlands--is generally the last consideration. In between these two extremes are considerations relating to minimizing, rectifying, reducing, or eliminating the adverse impacts over time. The Corps and EPA signed an agreement, effective in February 1990, that generally endorses this sequencing approach. The agreement also endorses a no-net-loss goal for wetlands. The Corps and EPA have also worked with the states and other federal agencies to clarify certain activities exempt from section 404 regulations and to otherwise coordinate activities. For example, the Corps and EPA, in consultation with various states, have identified potential disposal sites in advance of dredge or fill disposal operations. This process allows affected parties to identify the location of wetlands and assess wetlands values in advance of permit decisions. Disposal sites can be identified as generally suitable or unsuitable before any commitment of resources is made. Amendments to the Fish and Wildlife Coordination Act require that the Corps give full consideration to comments from FWS and the Department of Commerce's National Marine Fisheries Service (NMFS) when reviewing section 404 applications. State water resources agencies are also given a chance to comment on proposed projects as part of the public interest review performed for each project- specific section 404 permit application. Also, if requested, an applicant for a section 404 permit must provide the Corps with a water quality compliance certification from the state where the discharge of dredged or fill material into navigable waters originates. Coastal states also certify under section 307 of the Coastal Zone Management Act whether a proposed project or activity is consistent with the state's coastal zone management plan before the Corps will issue a permit. In addition, the Clean Water Act authorizes state assumption of the section 404 permitting activity for all waters except those that actually are or could be used for navigation in interstate and foreign commerce, where the Corps retains jurisdiction. However, only one state, Michigan, has assumed the administration of the section 404 permitting authority. Before a state can assume such authority, it must first get approval from EPA. Another form of coordination with regard to the Section 404 Program between the Corps and the states is the issuance of general permits that cover similar activities that will cause only minimal individual and cumulative adverse impacts. 41 COORDINATION AT THE DEPARTMENT OF AGRICULTURE Agriculture agencies responsible for administering wetlands programs rely on various memoranda of agreement with other federal agencies involved with wetlands programs. These agreements vary in scope and in the number of agencies participating in them. For example, Agriculture"s Agricultural Stabilization and Conservation Service (ASCS) and Soil Conservation Service (SCS) have an agreement regarding implementation of the highly erodible land and wetlands conservation provisions of the Food Security Act of 1985. The Commodity Credit Corporation (an Agriculture agency that, among other things, stabilizes, supports, and protects farm income and prices), ASCS, SCS, the Forest Service (that manages the National Forest System, which contains many wetlands), and the Extension Service (Agriculture's education agency) have established a cooperative agreement for carrying out the highly erodible cropland provisions of the 1985 act under the Conservation Reserve Program. ASCS, SCS, and the Department of the Interior's Fish and Wildlife Service (FWS) have entered into a memorandum of agreement for the purpose of implementing wildlife management agreements on lands enrolled in the Conservation Reserve Program in the Prairie Pothole Region of the United States. Also, ASCS and SCS have entered into an agreement regarding administrative responsibility, conservation planning, and technical servicing associated with the Water Bank Program authorized by the Water Bank Act, as amended, to purchase 10-year easements on wetlands and adjacent areas. In addition, Swampbuster regulations require ASCS to consult with FWS on wetlands delineations, and FWS is to report suspected Swampbuster violations to Agriculture. The Food, Agriculture, Conservation and Trade Act of 1990 requires Agriculture to work with FWS to prioritize easement acquisitions under the Wetlands Reserve Program. COORDINATION AT THE DEPARTMENT OF THE INTERIOR In addition to FWS' extensive involvement in the Section 404 Program, Agriculture's wetlands programs, and management of Interior's lands containing millions of acres of wetlands, several other Interior agencies manage lands containing vast acreages of wetlands and/or conduct research and education programs related to wetlands. As a result, the Secretary of the Interior has established a Working Group on Wetlands Policy--made up of a representative from each agency or bureau within Interior and from each Assistant Secretary's office--to provide policy recommendations supporting the President's no-net-loss goal for wetlands. Also, Interior's agencies and bureaus participated in various subgroups formed by the Domestic Policy Council's Inter- Agency Task Force on Wetlands to evaluate and recommend actions to achieve the President's goal of no net loss of wetlands. 42 Interior's FWS, Bureau of Land Management, Bureau of Reclamation, and Bureau of Indian Affairs coordinate work on projects undertaken in conjunction with the North American Waterfowl Management Plan and its joint ventures and partnerships. Several Interior agencies and bureaus, including the Bureau of Reclamation and the National Park Service, have cooperative agreements with FWS to inventory wetlands under their jurisdiction, or, in the case of the U.S. Geological Survey,.to assign staff to assist FWS in its wetlands inventory mapping activities. 43 SECTION 10 HOW DO PRIVATE PARTIES LEARN ABOUT WETLANDS PROGRAM REOUJIREMENTS? Landowners and other affected parties can learn about wetlands-related program requirements and regulations from a variety of sources. Field locations of the federal agencies most active in wetlands protection--the Army Corps of Engineers, the Environmental Protection Agency (EPA), the Department of Agriculture's Agricultural Stabilization and Conservation Service (ASCS) and Soil Conservation Service (SCS), the Department of the Interior's Fish and Wildlife Service (FWS), and the Department of Commerce's National Marine Fisheries Service (NMFS)--are all involved in public education efforts concerning wetlands protection. These agencies also provide local officials and citizens with specific information on their programs' scope and requirements. State offices responsible for wetlands-related programs can provide similar information. Appendixes I through VII list wetlands contacts for each of the above federal agencies and state offices. Most of the federal agencies also provide the public with information on their programs through word of mouth, newspaper articles, and public information meetings. For example, during fiscal years 1988 through 1990, the Corps participated in 3,325 public information meetings. Another means of becoming aware of program requirements is through referrals from one agency to another. For example, if an individual constructing a project needs to obtain a state or local permit, the responsible state or local office should make the individual aware of the possible need for a section 404 permit if wetlands are involved. Additionally, some state governments have a joint permit application process through which an application for a state permit is automatically referred to the Corps at the time it is received by the state. The Corps encourages many potential section 404 permit applicants to have a preapplication conference to discuss their proposed projects. These conferences are held to advise the potential applicants of the application review process, including the need for special studies and/or processes (environmental assessments or wetlands delineations). FWS makes private landowners aware of assistance programs through a variety of sources, including Agriculture's county offices, farm trade journals, FWS representation at agricultural meetings, and word of mouth. Publications regarding FWS programs are distributed through field offices of both FWS and Agriculture. 44 APPENDIX I APPENDIX I DEPARTMENT OF THE ARMY CORPS OF ENGINEERS DIVISION AND DISTRICT OFFICE WETLANDS CONTACTS For information on the national perspective of the Section 404 Program, the contact person is John F. Studt Chief, Regulatory Branch U.S. Army Corps of Engineers 20 Massachusetts Avenue NW CECW-OR Washington, D.C. 20314-1000 (202) 272-0199 Figure 1.1 provides a breakout of Corps jurisdictional areas. Information on the Corps' wetlands regulatory program requirements can be obtained on a state-by-state basis by contacting the appropriate division or district engineer listed in table 1.1. 45 APPENDIX I APPENDIX I Ficrure I.1: Corvs of Encrineers Offices North North Pacific Paii Wala Walla North Centra eoItNrh r --- ~~ -' Rock Island Atianti New ~York San Francisc Suth Pacific Il Honolulu4 Sotheser * ! oth tiati Pacific Ocean Jcsnil a Division and District Headquarters * Division Headquarters A District Headquarters - - - State Boundaries -District Boundaries Note: In Iowa the eastern bank of the Missouri River is regulated by the Omaha office. Source: Corps of Engineers. 46 APPENDIX I APPENDIX I Table I.1: List of Division and District Enaineers State Address Telephone Alabama Mobile District Engineer CESAM-OP-S P.O. Box 2288 Mobile, AL 36628-0001 (205) 690-2511 Alaska Alaska District Engineer CENPA-CO-R P.O Box 898 Anchorage, AK 99506-0898 (907) 753-2504 Arizona Los Angeles District Engineer CESPL-CO-R P.O. Box 2711 Los Angeles, CA 90053-2325 (213) 894-5300 Arkansas Little Rock District Engineer CESWL-CO-P P.O. Box 867 Little Rock, AR 72203-0867 (501) 324-5531 California Sacramento District Engineer CESPK-CO-O 650 Capitol Mall Sacramento, CA 95814-4794 (916) 551-2005 Colorado Albuquerque District Engineer CESWA-CO-R P.O. Box 1580 Albuquerque, NM 87103-1580 (505) 766-2732 47 APPENDIX I APPENDIX I Connecticut New England Division Engineer CENED-OD-R 424 Trapelo Road Waltham, MA 02254-9149 (617) 647-8220 Delaware Philadelphia District Engineer CENAP-OP-R U.S. Custom House Second and Chestnut Streets Philadelphia, PA 19106-2991 (215) 597-4848 Florida Jacksonville District Engineer CESAJ-RD P.O. Box 4970 Jacksonville, FL 32232-0019 (904) 791-2241 Georgia Savannah District Engineer CESAS-OP-F P.O. Box 889 Savannah, GA 31402-0889 (912) 944-5224 Hawaii Honolulu District Engineer CEPDO-CO-O Building 230 Fort Shafter Honolulu, HI 96858-5440 (808) 438-1060 Idaho Walla Walla District Engineer CENPW-OP-RF Building 602 City-County Airport Walla Walla, WA 99362-9265 (509) 522-6505 48 APPENDIX I APPENDIX I Illinois Rock Island District Engineer CENCR-OD-S P.O. Box 2004 Clock Tower Building Rock Island, IL (309) 788-6361 61204-2004 ext. 6224 Indiana Louisville District Engineer CEORL-OR-F P.O. Box 59 Louisville, KY 40201-0059 (502) 582-5601 Iowa Rock Island District Engineer CENCR-OD-S P.O. Box 2004 Clock Tower Building Rock Island, IL (309) 788-6361 61204-2004 ext. 6224 Kansas Kansas City District Engineer CEMRK-OD-P 700 Federal Building 601 East 12th Street Kansas City, MO 64106-2896 (816) 426-3201 Kentucky Louisville District Engineer CEORL-OR-F P.O. Box 59 Louisville, KY 40201-0059 (502) 582-5601 Louisiana New Orleans District Engineer CELMN-OD-S P.O. Box 60267 New Orleans, LA 70160-0267 (504) 862-1121 49 APPENDIX I APPENDIX I Maine New England Division Engineer CENED-OD-R 424 Trapelo Road Waltham, MA 02254-9149 (617) 647-8220 Maryland Baltimore District Engineer CENAB-OP-R P.O. Box 1715 Baltimore, MD 21203-1715 (410) 962-4545 Massachusetts New England Division Engineer CENED-OD-R 424 Trapelo Road Waltham, MA 02254-9149 (617) 647-8220 Michigan Detroit District Engineer CENCE-CO-L P.O. Box 1027 Detroit, MI 48231-1027 (313) 226-6762 Minnesota St. Paul District Engineer CENCS-CO-R 1421 USPO & Custom House St. Paul, MN 55101-9806 (612) 220-0300 Mississippi Vicksburg District Engineer CELMK-OD-F P.O. Box 60 Vicksburg, MS 39180-0060 (601) 631-5010 Missouri Kansas City District Engineer CEMRK-OD-P 700 Federal Building 601 East 12th Street Kansas City, MO 64106-2896 (816) 426-3201 50 APPENDIX I APPENDIX I Montana Omaha District Engineer CEMRO-OP-R P.O. Box 5 Omaha, NE 68101-0005 (402) 221-3900 Nebraska Omaha District Engineer CEMRO-OP-R P.O. Box 5 Omaha, NE 68101-0005 (402) 221-3900 Nevada Sacramento District Engineer CESPK-CO-O 650 Capitol Mall Sacramento, CA 95814-4794 (916) 551-2005 New Hampshire New England Division Engineer CENED-OD-R 424 Trapelo Road Waltham, MA 02254-9149 (617) 647-8220 New Jersey Philadelphia District Engineer CENAP-OP-R U.S. Custom House Second and Chestnut Streets Philadelphia, PA 19106-2991 (215) 597-4848 New Mexico Albuquerque District Engineer CESWA-CO-R P.O. Box 1580 Albuquerque, NM 87103-1580 (505) 766-2732 New York New York District Engineer CENAN-OP-R 26 Federal Plaza New York, NY 10278-0090 (212) 264-0100 51 APPENDIX I APPENDIX I North Carolina Wilmington District Engineer CESAW-CO-E P.O. Box 1890 Wilmington, NC 28402-1890 (919) 343-4501 North Dakota Omaha District Engineer CEMRO-OP-R P.O.- Box 5 Omaha, NE 68101-0005 (402) 221-3900 Ohio Huntington District Engineer CEORH-OR-F 502 Eighth Street Huntington, WV 25701-2070 (304) 529-5395 Oklahoma Tulsa District Engineer CESWT-OD-RF P.O. Box 61 Tulsa, OK 74121-0061 (918) 581-7311 Oregon Portland District Engineer CENPP-PL-R P.O. Box 2946 Portland, OR 97208-2946 (503) 326-6000 Pennsylvania Baltimore District Engineer CENAB-OP-R P.O. Box 1715 Baltimore, MD 21203-1715 (410) 962-4545 Rhode Island New England Division Engineer CENED-OD-R 424 Trapelo Road Waltham, MA 02254-9149 (617) 647-8220 52 APPENDIX I APPENDIX I South Carolina Charleston District Engineer CESAC-CO-P P.O. Box 919 Charleston, SC 29402-0919 (803) 724-4229 South Dakota Omaha District Engineer CEMRO-OP-R P.O. Box 5 Omaha, NE 68101-0005 (402) 221-3900 Tennessee Nashville District Engineer CEORN-OR-F P.O. Box 1070 Nashville, TN 37202-1070 (615) 736-5626 Texas Fort Worth District Engineer CESWF-OD-O P.O. Box 17300 Fort Worth, TX 76102-0300 (817) 334-2300 Utah Sacramento District Engineer CESPK-CO-O 650 Capitol Mall Sacramento, CA 95814-4794 (916) 551-2005 Vermont New England Division Engineer CENED-OD-R 424 Trapelo Road Waltham, MA 02254-9149 (617) 647-8220 Virginia Norfolk District Engineer CENAO-OP-P 803 Front Street Norfolk, VA 23510-1096 (804) 441-3601 53 APPENDIX I APPENDIX I Washington Seattle District Engineer CENPS-OP-RG P.O. Box C-3755 Seattle, WA 98124-2255 (206) 764-3690 West Virginia Huntington District Engineer CEORH-OR-F 502 Eighth Street Huntington, WV 25701-2070 (304) 529-5395 Wisconsin St. Paul District Engineer CENCS-CO-R 1421 USPO & Custom House St. Paul, MN 55101-9806 (612) 220-0300 Wyoming Omaha District Engineer CEMRO-OP-R P.O. Box 5 Omaha, NE 68101-0005 (402) 221-3900 District of Baltimore District Columbia Engineer CENAB-OP-R P.O. Box 1715 Baltimore, MD 21203-1715 (410) 962-4545 Pacific Honolulu District Territories Engineer CEOPD-CO-O Building 230 Fort Shafter Honolulu, HI 96858-5440 (808) 438-1060 Puerto Rico & Jacksonville District Virgin Islands Engineer CESAJ-RD P.O. Box 4970 Jacksonville, FL 32232-0019 (904) 791-2241 54 APPENDIX II APPENDIX II ENVIRONMENTAL PROTECTION AGENCY OFFICE OF WETLANDS PROTECTION PROGRAM OFFICE CONTACTS Wetlands information from the Environmental Protection Agency (EPA) headquarters may be obtained by contacting the Chief of outreach and State Programs Wetlands Division U.S. EPA 401 M Street SW Room 719, Fairchild Building Washington, D.C. 20460 (202) 382-5043 EPA has also established a Wetlands Protection Hotline (1-800-832- 7828) to respond to requests for information about the values and functions of wetlands and options for their protection. Figure 11.1 shows the boundaries of EPA's regional offices. Table 11.1 provides the names and titles of regional contact persons as well as their addresses and telephone numbers. 55 APPENDIX II APPENDIX II Fiaure II.1: EPA Reaions Source: EPA. 56 APPENDIX II APPENDIX II Table II.1: List of EPA Reaional Contact Persons Reqion 1 Telephone Douglass Thompson, Chief U.S. EPA - Region I Wetlands Protection Section (WWP-1900) John F. Kennedy Federal Building Boston, MA 02203-1911 (617) 565-4430 Region 2 Dan Montella, Chief U.S. EPA - Region II Wetlands Section (2WM-MWP) 26 Federal Plaza, Room 837 New York, NY 10278 (212) 264-5170 Region 3 Barbara D'Angelo, Chief U.S. EPA - Region III Wetlands and Marine Policy Section (3ES42) 841 Chestnut Street Philadelphia, PA 19107 (215) 597-9301 Region 4 Thomas Welborn, Chief U.S. EPA - Region IV Wetlands Unit (4WM-MEB) 345 Courtland Street NE Atlanta, GA 30365 (404) 347-2126 Region 5 Doug Ehorn, Chief U.S. EPA - Region V Wetlands Protection Section (5WQ-TUBS-8) 230 South Dearborn Street Chicago, IL 60604 (312) 353-2079 Region 6 Beverly Etheridge, Chief U.S. EPA - Region VI Wetlands Protection Section (6E-FT) 1445 Ross Avenue Dallas, TX 75202 (214) 655-2260 Region 7 57 APPENDIX II APPENDIX II Reqion 7 Diane Hershberger, Chief U.S. EPA - Region VII Wetlands Protection Section 726 Minnesota Avenue Kansas City, KS 66101 (913) 236-2823 Reqion 8 Gene Reetz, Chief U.S. EPA - Region VIII Wetlands Protection Section (8WM-WQ) 999 18th Street, Suite 500 Denver Place Denver, CO 80202-2405 (303) 293-1568 Reqion 9 Phil Oshida, Chief U.S. EPA - Region IX Wetlands Section (W-7-2) 215 Fremont Street San Francisco, CA 94105 (415) 974-2318 Reqion 10 Bill Reilly, Chief U.S. EPA - Region X Water Resources Assessment Section (WD-138) 1200 Sixth Avenue Seattle, WA 98101 (206) 442-1412 58 APPENDIX III APPENDIX III DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE PROGRAM OFFICE CONTACTS For information on Soil Conservation Service (SCS) wetlands programs and their requirements, producers and landowners should contact Gary A. Margheim Deputy Chief for Programs Soil Conservation Service Department of Agriculture Room 5113, South Agriculture Building Washington, D.C. 20250 (202) 720-4527 An SCS headquarters official told us that although the SCS state conservationist will have delegated wetlands responsibilities to specific program offices within each state, initial SCS contacts regarding wetlands issues should be with the state conservationist. Table I11.1 provides the name, address, and telephone number of each state conservationist. Table III.l: List of SCS State Conservationists State Address Telephone Alabama Ernest Todd 665 Opelika Road P.O. Box 311 (205) 821-8070 Auburn, AL 36830 ext. 535 Alaska Burton L. Clifford 201 East Ninth Avenue Suite 300 Anchorage, AK 99501-3687 (907) 271-2424 Arizona Donald W. Gohmert 201 East Indianola Suite 200 Phoenix, AZ 85012 (603) 640-2247 Arkansas Ronnie D. Murphy Federal Building, Room 5404 700 West Capitol Avenue Little Rock, AR 72201 (501) 324-5445 59 .APPENDIX III APPENDIX III California Pearlie S. Reed 2121-C Second Street Davis, CA 95616 (916) 449-2848 Colorado Duane L. Johnson 655 Parfet Street Room E200C Lakewood, CO 80215-5517 (303) 236-2886 Connecticut Judith K. Johnson 16 Professional Park Road Storrs, CT 06268-1299 (203) 487-4013 Delaware Elesa K. Cottrell Treadway Towers, Suite 207 9 East Loockerman Street Dover, DE 19901-7377 (302) 678-4160 Florida Niles T. Glasgow Federal Building 401 S.E. First Avenue Room 248 Gainesville, FL 32601 (904) 377-0946 Georgia Hershel R. Read Federal Building, Box 13 355 East Hancock Avenue Athens, GA 30601 (404) 546-2272 Guam Joan Perry USDA - SCS Pacific Basin Office Suite 602, GCIC Building 414 West Soledad Avenue Agana, Guam 96910 (671) 472-7490 Hawaii Warren M. Lee P.O. Box 50004 Honolulu, HI 96850 (808) 541-2601 Idaho Paul H. Calverley 3244 Elder Street Room 124 Boise, ID 83705 (208) 334-1601 Illinois Charles Whitmore 1902 Fox Drive Champaign, IL 61820 (217) 398-5267 60 APPENDIX III APPENDIX III Indiana Robert L. Eddleman 6013 Lakeside Boulevard Indianapolis, IN 46278 (317) 290-3200 Iowa Jeffny P. Vonk 63 Federal Building 2D Walnut Street Des Moines, IA 50309 (515) 284-4261 Kansas James N. Habiger 760 South Broadway Salina, KS 67401 (913) 823-4565 Kentucky Billy W. Milliken 333 Waller Avenue Room 305 Lexington, KY 40504 (606) 233-2749 Louisiana Horace J. Austin 3737 Government Street Alexandria, LA 71302 (318) 473-7751 Maine Charles Whitmore USDA Building University of Maine Orono, ME 04473 (207) 581-3446 Maryland Robert J. Klumpe John Hanson Business Center 339 Revell Highway, Suite 301 Annapolis, MD 21401 (410) 757-0861 Massachusetts Richard A. Gallo 451 West Street Amherst, MA 01002 (413) 256-0441 Michigan Homer R. Hilner Room 101 1405 South Harrison Road East Lansing, MI 48823-5202 (517) 337-6702 Minnesota Gary R. Nordstrom 600 Farm Credit Building 375 Jackson Street St. Paul, MN 55101-1854 (612) 290-3675 Mississippi L. Pete Heard Federal Building, Suite 1321 100 West Capitol Street Jackson, MS 39269 (601) 965-5205 61 APPENDIX III APPENDIX III Missouri Russell C. Mills 555 Vandiver Drive Columbia, MO 65202 (314) 875-5214 Montana Richard J. Gooby Federal Building 10 East Babcock Street Room 443 Bozeman, MT 59715 (406) 587-6813 Nebraska Ronald E. Moreland Federal Building 100 Centennial Mall North Room 152 Lincoln, NE 68508-3866 (402) 437-5300 Nevada William D. Goddard 1201 Terminal Way Room 219 Reno, NV 89502 (702) 784-5863 New Hampshire David L. Mussulman Federal Building Durham, NH 03824 (603) 868-7581 New Jersey Barbara T. Osgood 1370 Hamilton Street Somerset, NJ 08873 (908) 246-1662 New Mexico Ray T. Margo, Jr. 517 Gold Avenue SW Room 3301 Albuquerque, NM 87102-3157 (505) 766-2173 New York Paul A. Dodd James M. Hanley Federal Building 100 South Clinton Street Room 771 P.O. Box 7248 Syracuse, NY 13261-7248 (315) 423-5521 North Carolina Bobbye Jack Jones 4405 Bland Road Suite 205 Raleigh, NC 27609 (919) 790-2888 62 APPENDIX III APPENDIX III North Dakota Ronnie L. Clark Federal Building 220 East Rosser Avenue Room 278 P.O. Box 1458 Bismarck, ND 58502 (701) 250-4421 Ohio Joseph C. Branco 200 North High Street Room 522 Columbus, OH 43215-2478 (614) 469-6962 Oklahoma C. Budd Fountain USDA Agricultural Center Building Stillwater, OK 74074 (405) 624-4360 Oregon Jack P. Kanalz Federal Building 1200 S.W. Third Avenue 16th Floor Portland, OR 97204-2822 (503) 326-2751 Pennsylvania Richard N. Duncan Suite 340 One Credit Union Place Harrisburg, PA 17110-2993 (717) 782-2202 Caribbean Area Humberto Hernandeza P.O. Box 364868 San Juan, PR 00936-4868 (809) 766-5206 Rhode Island Robert R. Ensorb USDA - SCS 46 Quaker Lane Warwick, RI 02886 (401) 828-1300 South Carolina Billy Abercrombie 1835 Assembly Street Room 950 Strom Thurmond Federal Building Columbia, SC 29201 (803) 765-5681 aTitle is Director, Caribbean Area. bTitle is Deputy State Conservationist. 63 APPENDIX III APPENDIX III South Dakota Ron E. Hendrick Federal Building 200 Fourth Street SW Huron, SD 57350-2475 (605) 353-1783 Tennessee Jerry S. Lee 675 U.S. Courthouse 801 Broadway Nashville, TN 37203 (615) 736-5471 Texas Harry W. Oneth W. R. Poage Building 101 South Main Street Temple, TX 76501-7682 (817) 774-1214 Utah Francis T. Holt P.O. Box 11350 Salt Lake City, UT 84147-0350 (801) 524-5050 Vermont John C. Titchner 69 Union Street Winooski, VT 05404 (802) 951-6795 Virginia George C. Norris Federal Building 400 North Eighth Street Room 9201 Richmond, VA 23240-9999 (804) 771-2455 Washington Lynn A. Brown West 316 Boone Avenue Suite 450 Spokane, WA 99201-2348 (509) 353-2337 West Virginia Rollin N. Swank 75 High Street Room 301 Morgantown, WV 26505 (304) 291-4151 Wisconsin Earl Cosby 6515 Watts Road Suite 200 Madison, WI 53719-2726 (608) 264-5577 Wyoming Frank S. Dickson, Jr. Federal Office Building 100 East B Street Room 3124 Casper, WY 82601 (307) 261-5201 64 APPENDIX IV APPENDIX IV DEPARTMENT OF AGRICULTURE AGRICULTURAL STABILIZATION AND CONSERVATION SERVICE STATE EXECUTIVE DIRECTOR CONTACTS For headquarters information on Agricultural Stabilization and Conservation Service (ASCS) wetlands programs and their requirements, producers and landowners should contact Daniel Shaw Deputy Administrator for State and County Operations Agricultural Stabilization and Conservation Service Department of Agriculture Room 3096, South Agriculture Building Washington, D.C. 20250 (202) 720-3175 Although a headquarters ASCS official told us that county executive directors should be the initial contact regarding wetlands questions pertaining to ASCS programs, the number of such contacts are too numerous to list in this report. We have, however, included in table IV.1 a listing of the address and telephone number of each state executive director who, in turn, should be able to provide the name, address, and telephone number of the appropriate county executive director. As an alternative, the names, addresses, and telephone numbers of county executive directors should also be available in local telephone directories. Table IV.l: List of ASCS State Executive Directors State Address Telephone Alabama P.O. Box 891 Montgomery, AL 36104 (205) 223-7256 Alaska 634 South Bailey Street Suite 102 Palmer, AK 99645 (907) 745-7982 Arizona 201 East Indianola Suite 325 Phoenix, AZ 85012 (602) 640-5200 Arkansas P.O. Box 2781 Little Rock, AR 72201 (501) 378-5642 65 APPENDIX IV APPENDIX IV California 1303 J Street Suite 300 Sacramento, CA 95814 (916) 551-1801 Colorado 655 Parfet Street Lakewood, CO 80226 (303) 964-0200 Connecticut 88 Day Hill Road Windsor, CT 06095 (203) 285-8483 Delaware 1201 College Park Drive Suite A Dover, DE 19901 (302) 678-4912 Florida 401 S.E. First Avenue Second Floor, Room 261 Gainesville, FL 32602 (904) 372-8549 Georgia P.O. Box 1907 Athens, GA 30613 (404) 546-2266 Hawaii 300 Ala Moana Boulevard Room 4202 Honolulu, HI 96850 (808) 541-2644 Idaho 3220 Elder Street Boise, ID 83705 (208) 334-1706 Illinois P.O. Box 19273 Springfield, IL 62794-9273 (217) 492-4180 Indiana 5981 Lakeside Boulevard Indianapolis, IN 46278 (317) 290-3030 Iowa 10500 Buena Vista Court Des Moines, IA 50322 (515) 254-1571 Kansas 2601 Anderson Avenue Manhattan, KS 66502 (913) 539-3531 Kentucky 333 Waller Avenue Lexington, KY 40504 (606) 233-2726 Louisiana 3737 Government Street Alexandria, LA 71302 (318) 473-7738 Maine P.O. Box 406 Bangor, ME, 04401 (207) 942-0342 66 APPENDIX IV APPENDIX IV Maryland River Center 10270B Old Columbia Road Columbia, MD 21046 (410) 381-4550 Massachusetts 445 West Street Amherst, MA 01002 (413) 256-0232 Michigan 1405 South Harrison Road Room 116 East Lansing, MI 48823 (517) 337-6659 Minnesota 375 Jackson Street 400 Farm Credit Service Building St. Paul, MN 55101 (612) 290-3651 Mississippi 6310 1-55 North Farm Bureau R107W Jackson, MS 39211 (601) 965-4300 Missouri 555 Vandiver Drive Columbia, MO 65202 (314) 875-5201 Montana 10 East Babcock USPO & Federal Building Bozeman, MT 59715 (406) 587-6872 Nebraska P.O. Box 57975 Lincoln, NE 68510 (402) 437-5581 Nevada 1755 East Plumb Lane Suite 202 Reno, NV 89502 (702) 784-5411 New Hampshire P.O. Box 1398 Concord, NH 03301 (603) 224-7941 New Jersey 163 Route 130, Building 1 Suite E Bordentown, NJ 08505 (609) 298-3446 New Mexico 517 Gold Avenue SW Room 4408 Albuquerque, NM 87102 (505) 766-2472 New York 100 South Clinton Room 811 Syracuse, NY 13260 (315) 423-5176 APPENDIX IV APPENDIX-IV North Carolina P.O. Box 2761 1 Raleigh, NC .27609 (919) 790-2960 North Dakota P.O. Box 3046 Fargo, ND 58103 (701) 239-52-24 Ohio 200 North High Street Room 540 Columbust OH 43215 (614) 469-6735 Oklahoma USDA Agricultural Center Building Farm Road and-Orchard Stillwater, OK 74074 (405) 624-4110 Oregon 1220 S.W. Third Avenue : Room 1524 Portland, OR 97204 . (503) 326-2741 Pennsylvania 1 Credit Union Place Suite 320 Harrisburg, PA 17110 (717) 782-4498 Puerto Rico 1607 Ponce de Leon Avenue Santurce, PR 00909 (809) 729-6813 Rhode Island 40 Quaker Lane Alderic Complex West Warwick, RI 02893 (401) 828-8232 South Carolina 1835 Assembly Street Room 909 Columbia, SC 29201 (803) 765-5186 South Dakota 200 Fourth Street SW Federal Building, Room 208 Huron, SD 57350 (605) 353-1092 Tennessee 801 Broadway U.S. Courthouse Room 579 Nashville, TN 37203 (615) 736-5555 Texas 2405 Texas Avenue South College Station, TX 77840 (409) 260-9207 Utah 125 South State Street Room 4239 Salt Lake City, UT 84147 (801) 524-5013 68 APPENDIX IV APPENDIX IV Vermont 346 Shelburne Executive Square Building Burlington, VT 05401 (802) 658-2803 Virginia 400 North Eighth Street G-500 Richmond, VA 23240 (804) 771-2581 Virgin Islands 1607 Ponce de Leon Avenue Santurce, PR 00909 (809) 729-6902 Washington West 316 Boone, Suite 568 Rocke Point Tower Spokane, WA 99201-2350 (509) 353-2307 West Virginia 75 High Street, Second Floor Room 239 Morgantown, WV 26505 (304) 291-4351 Wisconsin 6515 Watts Road Madison, WI 53719 (608) 264-5301 Wyoming P.O. Box 920 Casper, WY 82601 (307) 261-5853 69 APPENDIX V APPENDIX V DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE REGIONAL OFFICES AND PROGRAM OFFICE CONTACTS The following map shows the location and boundaries of the Fish and Wildlife Service's (FWS) regional offices. Table V.1 lists the contacts for FWS' wetlands-related activities. Fiaure V.1: FWS Reaions � Rnioa l ~ T Sostone <e~~~Abu rq u e a Source: Prepared by GAO using original from FWS. ~~~~~70 ,~horage ~ Hawaii Puerto Rico and Virgin Islands 4 * Regional Office Regional Boundary Source: Prepared by GAO using original from FWS. '70 APPENDIX V APPENDIX V Table V:1: List of FWS Proaram Office Contacts Reaional Director (Reaion 1) Reaion 1 Jurisdictions U.S. Fish and Wildlife Service California, Hawaii, Idaho, 911 N.E. 11th Avenue Nevada, Oregon, Washington, Portland, OR 97232-4181 American Samoa, Commonwealth (503) 231-6159 of the Northern Mariana Islands, Guam, and the Pacific Trust Territories Field Supervisor U.S. Fish and Wildlife Service 4696 Overland Road, Room 576 Boise, ID 83705 (208) 334-1931 Field Supervisor U.S. Fish and Wildlife Service Federal Building, 24000 Avila Road Laguna Niguel, CA 92677 (714) 643-4270 Supervisory Biologist Fisheries Assistance Office U.S. Fish and Wildlife Service Marrowstone, Nordland, WA 98358 (206) 385-1007 Field Supervisor U.S. Fish and Wildlife Service 3704 Griffin Lane, Suite 102 Olympia, WA 98501-2192 (206) 753-9440 Supervisory Biologist U.S. Fish and Wildlife Service Great Basin Complex 4600 Kietzke Lane, Suite C Reno, NV 89502 (702) 784-5227 Field Supervisor U.S. Fish and Wildlife Service 2140 Eastman Avenue, Suite 100 Ventura, CA 93003 (805) 644-1766 71 APPENDIX V APPENDIX V Field Supervisor U.S. Fish and Wildlife Service 300 Ala Moana Boulevard, Room 6307 P.O. Box 50167 Honolulu, HI 96850 (808) 541-2749 Supervisory Biologist U.S. Fish and Wildlife Service P.O. Box 174 Lewistown, CA 96052 (916) 778-3536 Supervisory Biologist U.S. Fish and Wildlife Service P.O. Box 1157 Moses Lake, WA 98837 (509) 765-6125 Field Supervisor U.S. Fish and Wildlife Service 2600 S.E. 98th Avenue, Suite 100 Portland, OR 97266 (503) 231-6179 Field Supervisor U.S. Fish and Wildlife Service 2800 Cottage Way, Room E-1803 Sacramento, CA 95825 (916) 978-4613 Recrional Director (Reaion 2) Reaion 2 Jurisdictions U.S. Fish and Wildife Service Arizona, New Mexico, P.O. Box 1306 Oklahoma, and Texas Albuquerque, NM 87103 (505) 766-2324 Field Supervisor U.S. Fish and Wildlife Service 3530 Pan Am Highway NE, Suite D Albuquerque, NM 87107 (505) 883-7877 Field Supervisor U.S. Fish and Wildlife Service Stadium Centre Building 711 Stadium Street, Suite 252 Arlington, TX 76011 (817) 885-7830 72 APPENDIX V APPENDIX V Field Supervisor U.S. Fish and Wildlife Service 3616 West Thomas Road, Suite 6 Phoenix, AZ 85019 (602) 241-2493 Field Supervisor U.S. Fish and Wildlife Service Corpus Christi State University Campus Box 338, 6300 Ocean Drive Corpus Christi, TX 78412 (512) 888-3346 Field Supervisor U.S. Fish and Wildlife Service 17629 El Camino Real, Suite 211 Clear Lake, TX 77058 (713) 229-3681 Field Supervisor U.S. Fish and Wildlife Service 222 South Houston, Suite A Tulsa, OK 74127 (918) 581-7458 Reaional Director (Reaion 3) Reaion 3 Jurisdictions U.S. Fish and Wildlife Service Illinois, Indiana, Iowa, Federal Building, Fort Snelling Michigan, Minnesota, Twin Cities, MN 55111 Missouri, Ohio, and (612) 725-3510 Wisconsin Field Supervisor U.S. Fish and Wildlife Service 718 North Walnut Street Bloomington, IN 47401 (812) 334-4261 Field Supervisor U.S. Fish and Wildlife Service 301 Manly Miles Building 1405 South Harrison Road East Lansing, MI 48823 (517) 337-6650 Field Supervisor U.S. Fish and Wildlife Service 6950-H Americana Parkway Reynoldsburg, OH 43068 (614) 469-6923 73 APPENDIX V APPENDIX V Field Supervisor U.S. Fish and Wildlife Service Route 3, Box 328 Marion, IL 62959 (618) 997-5491 Program Manager U.S. Fish and Wildlife Service Environmental Management Technical Center 575 Lester Drive Onalaska, WI 54650 (608) 783-7550 Field Supervisor U.S. Fish and Wildlife Service 608 East Cherry, P.O. Box 1506 Columbia, MO 65205 (314) 876-1911 Field Supervisor U.S. Fish and Wildlife Service 1015 Challenger Court Green Bay, WI 54311 (414) 433-3803 Field Supervisor U.S. Fish and Wildlife Service 4469 48th Avenue Court Rock Island, IL 61201-9213 (309) 793-5800 Field Supervisor U.S. Fish and Wildlife Service 4101 East 80th Street, Suite 50 Twin Cities, MN 55425-1600 (612) 725-3548 Reaional Director (Reaion 4) Reaion 4 Jurisdictions U.S. Fish and Wildlife Service Alabama, Arkansas, Florida, Richard B. Russell Federal Building Georgia, Kentucky, 75 Spring Street SW, Suite 1276 Louisiana, Mississippi, Atlanta, GA 30303 North Carolina, (404) 331-6343 South Carolina, Tennessee, Puerto Rico, and the U.S. Virgin Islands Field Supervisor U.S. Fish and Wildlife Service 100 Otis Avenue, Room 224 Asheville, NC 28801 (704) 259-0321 74 APPENDIX V APPENDIX V Field Supervisor U.S. Fish and Wildlife Service 801 Gloucester Street, Room 334 Brunswick, GA 31520 (912) 265-9336 Field Supervisor U.S. Fish and Wildlife Service P.O. Box 845 Cookeville, TN 38503 (615) 528-6481 Field Supervisor U.S. Fish and Wildlife Service Jackson Mall Office Center 300 Woodrow Wilson Avenue Jackson, MS 39213 (601) 965-4900 Field Supervisor U.S. Fish and Wildlife Service 825 Kaliste Saloom Brandywine II, Suite 102 Layfayette, LA 70502 (318) 234-7478 Field Supervisor U.S. Fish and Wildlife Service P.O. Box 491 Boqueron, PR 00622 (809) 851-7297 Field Supervisor U.S. Fish and Wildlife Service P.O. Box 12559 Charleston, SC 29412 (803) 724-4707 Field Supervisor U.S. Fish and Wildlife Service P.O. Box 1190 Highway 98, Daphne East Plaza Daphne, AL 36526 (205) 690-2181 APPENDIX V APPENDIX V Field Supervisor U.S. Fish and Wildlife Service 3100 University Boulevard, South Suite 120 Jacksonville, FL 32216-2737 (904) 791-2580 Field Supervisor U.S. Fish and Wildlife Service 1612 June Avenue Panama City, FL 32405-3721 (904) 769-0555 Field Supervisor U.S. Fish and Wildlife Service P.O. Box 33726 Raleigh, NC 27636-3726 (919) 755-4520 Field Supervisor U.S. Fish and Wildlife Service 900 Clay Street, Room 235 Vicksburg, MS 39180 (601) 638-1891 Field Supervisor U.S. Fish and Wildlife Service P.O. Box 2676 Vero Beach, FL 32961-2676 (305) 562-3909 Reaional Director (Reaion 5) Reaion 5 Jurisdictions U.S. Fish and Wildlife Service Connecticut, Delaware, One Gateway Center, Suite 700 District of Columbia, Maine, Newton Corner, MA 02158 Maryland, Massachusetts, (617) 965-9217 New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, Virginia, and West Virginia Assistant Field Supervisor U.S. Fish and Wildlife Service 927 North Main Street, Building D-1 Pleasantville, NJ 08232 (609) 646-0620 76 APPENDIX V APPENDIX V Field Supervisor U.S. Fish and Wildlife Service Ralph Pill Marketplace, Fourth Floor 22 Bridge Street, Junction 1-93 Concord, NH 03301-4901 (603) 225-1411 Assistant Field Supervisor U.S. Fish and Wildlife Service P.O. Box 1278 Elkins, WV 26241 (304) 636-6586 Field Supervisor U.S. Fish and Wildlife Service 315 South Allen, Suite 322 State College, PA 16801 (814) 234-4090 Field Supervisor U.S. Fish and Wildlife Service 1825-B Virginia Street Annapolis, MD 21401 (410) 269-5448 Field Supervisor U.S. Fish and Wildlife Service 100 Grange Place, Room 202 Cortland, NY 13045 (607) 753-9334 Field Supervisor U.S. Fish-and Wildlife Service USDA Building, Room 214 University of Maine Orono, ME 04469 (207) 581-3674 Biologist in Charge U.S. Fish and Wildlife Service P.O. Box 480 Mid-County Center, U.S. Route 17 White Marsh, VA 23183 (804) 693-6694 77 APPENDIX V APPENDIX V SuDplemental Offices: Chesapeake Bay Field Office U.S. Fish and Wildlife Service 180 Admiral Cochrane Drive, Suite 535 Annapolis, MD 21401 (410) 224-2732 Delaware Bay Field Office U.S. Fishand Wildlife Service R.D. 1, Box 146-A Smyrna, DE 19977 (302) 653-9152 Recional Director (Reaion 6) Reaion 6 Jurisdictions U.S. Fish and Wildlife Service Colorado, Kansas, Montana, P.O. Box 25486 Nebraska, North Dakota, Denver Federal Center South Dakota, Utah, and Denver, CO 80225 Wyoming (303) 236-8189 Field Supervisor U.S. Fish and Wildlife Service 1501 14th Street West, Suite 230 Billings, MT 59102 (406) 657-6750 Project Leader U.S. Fish and Wildlife Service 2617 East Lincolnway, Suite A Cheyenne, WY 82001 (307) 772-2374 Project Leader U.S. Fish and Wildlife Service 529 25 1/2 Road, Suite B-113 Independence Plaza Grand Junction, CO 81501 (303) 243-0348 State Supervisor U.S. Fish and Wildlife Service 315 Houston Street, Suite E Manhattan, KS 66502 (913) 532-7320 78 APPENDIX V APPENDIX V State Supervisor U.S. Fish and Wildlife Service P.O. Box 986, 227 Federal Building 225 South Pierre Pierre, SD 57501 (605) 224-8693 Field Supervisor U.S. Fish and Wildlife Service 301 South Park, P.O. Box 1003 Helena, MT 59626-0023 (406) 449-5322 Field Supervisor U.S. Fish and Wildlife Service 1500 Capital Avenue Bismarck, ND 58501 (701) 255-4011 Field Supervisor U.S. Fish and Wildlife Service 203 West Second Street Federal Building, Second Floor Grand Island, NE 68803 (308) 381-5571 State Supervisor U.S. Fish and Wildlife Service 730 Simms Street, Suite 290 Golden, CO 80401 (303) 231-5280 Grizzly Bear Recovery Coordinator U.S. Fish and Wildlife Service NS 312 University of Montana Missoula, MT 59812 (406) 329-3223 Field Supervisor U.S. Fish and Wildlife Service 2060 Administration Building 1745 West, 1700 South Salt Lake City, UT 84104-5110 (801) 524-4430 79 APPENDIX V APPENDIX V Recional Director (Reaion 7) Reaion 7 Jurisdiction U.S. Fish and Wildlife Service Alaska 1011 East Tudor Road Anchorage, AK 99503 (907) 786-3522 Field Supervisor U.S. Fish and Wildlife Service 605 West Fourth Avenue, Room G62 Anchorage, AK 99501 (907) 271-2788 Field Supervisor U.S. Fish and Wildlife Service Federal Building, Room 417 P.O. Box 021287 Juneau, AK 99802 (907) 586-7240 Biologist in Charge U.S. Fish and Wildlife Service 329 Harbor Drive, Room 207 Sitka, AK 99835-7538 (907) 747-8882 Field Supervisor U.S. Fish and Wildlife Service 101 12th Avenue, Box 20, Room 232 Fairbanks, AK 99701 (907) 456-0203 Biologist in Charge U.S. Fish and Wildlife Service 103 Main Street P.O. Box 3193 Ketchikan, AK 99901 (907) 225-9691 Biologist in Charge U.S. Fish and Wildlife'Service P.O. Box 1108 Petersburg, AK 99833 (907) 772-3866 80 APPENDIX VI APPENDIX VI DEPARTMENT OF COMMERCE NATIONAL MARINE FISHERIES SERVICE PROGRAM OFFICE CONTACTS Wetlands information from the National Marine Fisheries Service (NMFS) headquarters may be obtained by contacting the Chief, Habitat Policy and Conservation Division National Marine Fisheries Service 1335 East-West Highway Silver Spring, MD 20910 (301) 427-2325 Table VI.1 provides the names, addresses, and telephone numbers of NMFS regional directors. Table VI.1: List of NMFS Reaional Directors Alaska Reaion Telephone Steven Pennoyer, Director 709 West Ninth Street Federal Building, Room 453 Juneau, AK 99802 (907) 586-7221 Northwest Recion Rolland A. Schmitten, Director 7600 Sand Point Way, NE BIN C15700 - Building 1 Seattle, WA 98115-0070 (206) 526-6150 Northeast Reaion Richard B. Roe, Director One Blackburn Drive Gloucester, MA 01930 (508) 281-9300 Southeast Reuion Dr. Andrew J. Kemmerer, Director 9450 Koger Boulevard, Room 206 St. Petersburg, FL 33702 (813) 893-3141 Southwest Recrion E. Charles Fullerton, Director 300 South Ferry Street, Room 2005 Terminal Island, CA 90731-7415 (213) 514-6197 81 APPENDIX VII APPENDIX VII STATE AGENCY WETLANDS CONTACTS This appendix provides a listing of state officials who are knowledgeable about wetlands-related programs. ALABAMA Richard Hulcher Water Quality Branch Water Division 1751 Congressman W.L. Dickinson Drive Montgomery, AL 36130 (205) 271-7782 ALASKA Doug Redburn, Chief Office of Water Quality Management P.O. Box 0 Juneau, AK 99811 (907) 465-2653 ARIZONA Sue Monroe, Project Specialist Non Point Source Unit Office of Water Quality 2655 East Magnolia Phoenix, AZ 85034 (602) 392-4069 ARKANSAS Steve Drown, Program Coordinator Water Division Department of Pollution Control and Ecology P.O. Box 8913 Little Rock, AR 72219 (501) 562-7444 CALIFORNIA Peter R. Douglas, Executive Director Coastal Commission Resources Agency 631 Howard Street, Fourth Floor San Francisco, CA 94105 (415) 904-5200 82 APPENDIX VII APPENDIX VII COLORADO Don Smith, Wildlife Program Specialist Habitat:Resources Section Colorado Division of Wildlife 6060 Broadway Denver, CO 80216 (303) 291-7266 CONNECTICUT Tom Morrissey, Director Water Resources Unit, Environmental Quality Department Department of Environmental Protection 165 Capitol Avenue Hartford, CT 06106 (203) 566-7220 DELAWARE William F. Moyer, Environmental Program Manager Water Resources - Wetlands and Aquatic Branch Department of Natural Resources and Environmental Control 89 Kings Highway, P.O. Box 1401 Dover, DE 19903 (302) 739-4691 FLORIDA Janet Llewellyn, Chief Bureau of Wetland Resources Management Division of Water Management 2600 Twin Tower Office Building Tallahassee, FL 32399-2400 (904) 488-0130 GEORGIA David Word, Branch Chief Water Protection Branch Department of Natural Resources 205 Butler Street SW, Room 1058 Atlanta, GA 30334 (404) 656-4708 HAWAII Douglas Tom, Program Manager Coastal Zone Management Program Office of State Planning State Capitol Honolulu, HI 96813 (808) 548-3026 83 APPENDIX VII APPENDIXIVII IDAHO Steve Bower Water Quality Bureau Department of Health and Welfare 450 West State Street Boise, ID 83720 (208) 334-5860 ILLINOIS Ed Hoffman Planning Division Department of Conservation 524 South Second Street Springfield, IL 62701-1787 (217) 782-3715 INDIANA John Winters Water Quality Section Office of Water Management 5500 West Bradbury Indianapolis, IN 46225 (317) 243-5028 IOWA Susan Millard, Environmental Specialist Surface and Groundwater Protection Bureau Environmental Protection Division Wallace State Office Building Des Moines, IA 50319 (515) 281-8045 KANSAS Ron Fox, Chief Bureau of Environmental Quality Division of Environment Building 740, Forbes Field Topeka, KS 66620 (913) 296-0077 KENTUCKY Don Walker, Principal Environmental Biologist Water Quality Branch Division of Water 18 Reilly Road, Fort Boone Plaza Frankfort, KY 40601 (502) 564-3410 84 APPENDIX VII APPENDIX VII LOUISIANA Darryl Clark, Manager Coastal Wetlands Section Coastal Management Division Department of Natural Resources P.O. Box 44487 Baton Rouge, LA 70804 (504) 342-7591 MAINE Donald T. Witherill, Wetlands Coordinator Land Quality Control Bureau Environmental Protection Department State House Station 17 Augusta, ME 04333 (207) 289-2111 MARYLAND Charles A. Wheeler, Program Director Wetlands and Waterways Program Water Resources Administration Department of Natural Resources Tawes State Office Building Annapolis, MD 21401 (410) 974-3877 MASSACHUSETTS Christy Foote-Smith, Director Division of Wetlands and Waterways Regulation Department of Environmental Protection 1 Winter Street Boston, MA 02108 (617) 292-5695 MICHIGAN Steve Sadewasser, Lead Worker Wetland Protection Unit Land and Water Management Division P.O. Box 30028 Lansing, MI 48909 (517) 373-8000 85 APPENDIX VII APPENDIX VII MINNESOTA Greg Larson, Wetlands Program Manager State Board of Water and Soil Resources Division of Waters 155 South Wabasha Street, Suite 104 St. Paul, MN 55107 (612) 296-0882 MISSISSIPPI Robert Seyfarth, Chief Water Quality Management Branch Office of Pollution Control P.O. Box 10385 Jackson, MS 39289-0385 (601) 961-5171 MISSOURI Charles Stiefermann, Director Water Pollution Control Program Environmental Quality Division P.O. Box 176 Jefferson City, MO 65102 (314) 751-1300 MONTANA Loren L. Bahls, Supervisor Ecosystems Management Section Water Quality Bureau Cogswell Building Helena, MT 59620 (406) 444-2406 NEBRASKA Steve Walker, Supervisor Surface Water Section Water Quality Division P.O. Box 98922 Lincoln, NE 68509 (402) 471-4700 NEVADA Jim Cooper, Supervisor Planning and Standards Branch Bureau of Water Quality Planning Capitol Complex, 123 West Nye Lane Carson City, NV 89710 (702) 687-4670 86 APPENDIX VII APPENDIX VII NEW HAMPSHIRE Delbert F. Downing, Director Water Management Bureau Water Resources Division P.O. Box 2008 Concord, NH 03302-2008 (603) 271-2147 NEW JERSEY John Weingart, Assistant Commissioner Environmental Regulation CN 401 Trenton, NJ 08625 (609) 292-2795 NEW MEXICO Doug Jones, Water Resource Specialist Ground Water Section New Mexico Environment Department 1190 Saint Francis Drive Santa Fe, NM 87504 (505) 827-2903 NEW YORK Patricia Riexinger, Manager Wetlands Program Division of Fish and Wildlife 50 Wolf Road Albany, NY 12233 (518) 457-9713 NORTH CAROLINA Steve Leonard, Section Chief Wetlands Section Division of Soil and Water Conservation P.O. Box 27687 Raleigh, NC 27611 (919) 733-2302 NORTH DAKOTA David A. Sprynczynatyk, Secretary Water Commission State Office Building, 900 East Boulevard Bismarck, ND 58505 (701) 224-4940 87 APPENDIX VII APPENDIX VII OHIO Dave Bergman, Administrator Environmental Review Department of Natural Resources Fountain Square, Building C-4 Columbus, OH 43224 (614) 265-6410 OKLAHOMA Ben Pollard, Assistant Director Oklahoma Conservation Commission 2800 North Lincoln Boulevard, Suite 160 Oklahoma City, OK 73105 (405) 521-2384 OREGON Ken Bierly, Wetlands Manager Division of State Lands 775 Summer Street NE Salem, OR 97310 (503) 378-3805 PENNSYLVANIA Roger P. Fickes, Chief Rivers and Wetlands Conservation Division Bureau of Water Resources Management P.O. Box 8761 Harrisburg, PA 17105-8761 (717) 541-7802 RHODE ISLAND Dean Albro, Chief Wetlands Section Division of Freshwater Wetlands 291 Promenade Street Providence, RI 02908 (401) 277-6820 SOUTH CAROLINA Barbara Postles, Planner Surface Water Division Water Resources Commission 1201 Main Street, Suite 1100 Columbia, SC 29201 (803) 737-0800 88 APPENDIX VII APPENDIX VII SOUTH DAKOTA Duane Murphy, Senior Scientist Division of Water Resources Management Department of Environment and Natural Resources Joe Foss Building, 523 East Capitol Avenue Pierre, SD 57501-3181 (605) 773-4216 TENNESSEE Bill Duffel, Manager Natural Resources Section Division of Water Pollution Control Seventh Floor, TERRA Building, 150 Ninth Avenue, North Nashville, TN 37243 (615) 741-7883 TEXAS Tom Calnan, Biologist Coastal Division of Resource Management and Development General Land Office 1700 North Congress Austin, TX 78701 (512) 463-5100 UTAH Mike Reichert, Manager Water Quality Management Section Division of Water Quality State of Utah, Department of Environmental Quality Salt Lake City, UT 84114-4870 (801) 538-6146 VERMONT Carl Pagel, Coordinator Wetlands Program Division of Water Quality 10 North Building, Second Floor, 103 South Main Street Waterbury, VT 05671-0408 (802) 244-6951 VIRGINIA William Pruitt, Commissioner Marine Resources Commission P.O. Box 756 Newport News, VA 23607 (804) 247-2200 89 APPENDIX VII APPENDIX VII WASHINGTON Rod Mack, Manager Shorelands and Coastal Zone Management Program Water and Shorelands MS PV-ll Olympia, WA 98504 (206) 459-6777 WEST VIRGINIA William D. Brannon, Assistant Chief- Program Management and Technical Support Water Resources Section 1201 Greenbrier Street Charleston, WV 25311 (304) 348-2108 WISCONSIN Mike Dresen, Wetlands Protection Policy Coordinator Water Regulation and Zoning Bureau Enforcement Division P.O. Box 7921 Madison, WI 53707 (608) 266-8032 WYOMING Bill DiRienzo, Program Planning Analyst Water Quality Division Department of Environmental Quality Herschler Building, 4 West Cheyenne, WY 82002 (307) 777-7781 Source: The Council of State Governments, Resource Guide to State Environmental Manaaement, 1990. Information updated by GAO to August 1991., 90 APPENDIX VIII APPENDIX VIII ESTIMATES OF WETLANDS PRESENT IN COLONIAL AMERICA AND IN THE 1980s Acres Estimates Estimates Percent of original of existing of wetlands wetlands wetlands State 1780s 1980s lost Alabama 7,567,600 3,783,800 50.0 Arizona 931,000 600,000 36.0 Arkansas 9,848,600 2,763,600 72.0 California 5,000,000 454,000 91.0 Colorado 2,000,000 1,000,000 50.0 Connecticut 670,000 172,500 74.0 Delaware 479,785 223,000 54.0 Florida 20,325,013 11,038,300 46.0 Georgia 6,843,200 5,298,200 23.0 Idaho 877,000 385,.700 56.0 Illinois 8,212,000 1,254,500 85.0 Indiana 5,600,000 750,633 87.0 Iowa 4,000,000 421,900 89.0 Kansas 841,000 435,400 48.0 Kentucky 1,566,000 300,000 81.0 Louisiana 16,194,500 8,784,200 46.0 Maine 6,460,000 5,199,200 20.0 Maryland 1,650,000 440,000 73.0 Massachusetts 818,000- 588,486 28.0 Michigan 11,200,000 5,583,400 50.0 Minnesota 15,070,000 8,700,000 42.0 Mississippi 9,872,000 4,067,000 59.0 Missouri 4,844,000 643,000 87.0 Montana 1,147,000 840,300 27.0 Nebraska 2,910,500 1,905,500 35.0 Nevada 487,350 236,350 52.0 New Hampshire 220,000 200,000 09.0 New Jersey 1,500,000 915,960 39.0 New Mexico 720,000 481,900 33.0 New York 2,562,000 1,025,000 60.0 North Carolina 11,089,500 5,689,500 49.0 North Dakota 4,927,500 2,490,000 49.0 Ohio 5,000,000 482,800 90.0 Oklahoma 2,842,600 949,700 67.0 Oregon 2,262,000 1,393,900 38.0 Pennsylvania 1,127,000 499,014 56.0 Rhode Island 102,690 65,154 37.0 91 APPENDIX VIII APPENDIX VIII South Carolina 6,414,000 4,659,000 27.0 South Dakota 2,735,100 1,780,000 35.0 Tennessee 1,937,000 787,000 59.0 Texas 15,999,700 7,612,412 52.0 Utah 802,000 558,000 30.0 Vermont 341,000 220,000 35.0 Virginia 1,849,000 1,074,613 :42.0 Washington 1,350,000 938,000 31.0 West Virginia 134,000 102,000 24.0 Wisconsin 9,800,000 5,331,392 46.0 Wyoming 2.000,000 1,250,000 38.0 Subtotal (Contiguous U.S.) 221,129,638 104,374.314 53.0 Alaska 170,200,000 170,000,000 0.1 Hawaii 58,800 51,800 12.0 Total 391,388,438 274,426,114 30.0 Source: T.E. Dahl, Wetlands Losses in the United States: 1780s to 1980s, U.S. Department of the Interior, Fish and Wildlife Service (Washington, D.C.: 1990), 13 pages. 92 APPENDIX IX APPENDIX IX MAJOR CONTRIBUTORS TO THIS FACT SHEET RESOURCES, COMMUNITY, AND ECONOMIC DEVELOPMENT DIVISION, WASHINGTON. D.C. Ralph W. Lamoreaux, Assistant Director Edward A. Niemi, Evaluator-in-Charge Daniel M. Haas, Senior Evaluator Robert E. Seelinger, Senior Evaluator Ronald J. Johnson, Senior Evaluator Sherry L. Casas, Senior Evaluator John C. Johnson, Evaluator Adrienne C. Jones, Typist OFFICE OF THE GENERAL COUNSEL Margaret L. Armen, Senior Attorney (140657) 93