[Federal Register Volume 86, Number 209 (Tuesday, November 2, 2021)]
[Notices]
[Pages 60449-60452]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23891]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


National Wetland Plant List

AGENCY: Army Corps of Engineers, DoD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The U.S. Army Corps of Engineers (USACE), as part of an 
interagency effort with the U.S. Environmental Protection Agency (EPA), 
the U.S. Fish and Wildlife Service (FWS) and the U.S. Department of 
Agriculture Natural Resources Conservation Service (NRCS), is 
announcing the availability of the final 2020 National Wetland Plant 
List (NWPL). The NWPL provides plant species indicator status ratings, 
which are used in determining whether the hydrophytic vegetation factor 
is met when conducting wetland delineations under the Clean Water Act 
and wetland determinations under the Wetland Conservation Provisions of 
the Food Security Act. Other applications of the NWPL include wetland 
restoration, establishment, and enhancement projects.

DATES: The 2020 NWPL will become applicable on November 2, 2021, and 
will be used in any wetland delineations performed after this date. 
Delineations completed prior to this date may still use the 2018 NWPL. 
Completed wetland delineation/determination forms should reference the 
version of the NWPL used to complete the form.

ADDRESSES: U.S. Army Corps of Engineers, Attn: CECW-CO-R, 441 G Street 
NW, Washington, DC 20314-1000.

FOR FURTHER INFORMATION CONTACT: Brianne McGuffie, Headquarters, U.S. 
Army Corps of Engineers, Operations and Regulatory Community of 
Practice, Washington, DC 20314-1000, by phone at 202-761-4750 or by 
email at [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Army Corps of Engineers (USACE) administers the National 
Wetland Plant List (NWPL) for the United States (U.S.) and its 
territories. Responsibility for the NWPL was transferred to USACE from 
the U.S. Fish and Wildlife Service (FWS) in 2006. The NWPL has 
undergone several revisions since its inception in 1988. Additions or 
deletions to the NWPL represent new records, range extensions, 
nomenclatural and taxonomic changes, and newly proposed species. The 
latest review process began in 2020 and included review by Regional 
Panels (RPs), the National Panel (NP), and the public, who provided 
input on proposed wetland rating changes or additions for 27 species 
and 48 regional ratings (some species were reviewed for multiple 
regions) submitted by the public. Twenty of these species were proposed 
for addition to the NWPL, and seven species were submitted for a rating 
change request in one or more regions. The proposed indicator changes 
were announced in a Federal Register Notice, 86 FR 15656, March 24, 
2021, with the comment period ending on May 24, 2021. Thirteen comments 
were received during that time.

Wetland Indicator Status Ratings

    On the NWPL, there are five categories of wetland indicator status 
ratings, used to indicate a plant's likelihood for occurrence in 
wetlands versus non-wetlands: Obligate Wetland (OBL), Facultative 
Wetland (FACW), Facultative (FAC), Facultative Upland (FACU), and 
Upland (UPL). These rating categories are defined by the NP as follows: 
OBL--almost always occur in wetlands; FACW--usually occur in wetlands, 
but may occur in non-wetlands; FAC--occur in wetlands and non-wetlands; 
FACU--usually occur in non-wetlands, but may occur in wetlands; UPL--
almost always occur in non-wetlands. These category definitions are 
qualitative descriptions that better reflect the qualitative supporting 
information, rather than numeric frequency ranges. The

[[Page 60450]]

percentage frequency categories used in the older definitions are only 
used for testing problematic or contested species being recommended for 
indicator status changes. Plus and minus designations and wetland 
indicator designations such as No Indicator (NI), No Occurrence (NO), 
and No Agreement (NA) were removed in 2012 and are no longer used on 
the NWPL. More information on the specifics of how to use these ratings 
is available on the NWPL website at https://wetland-plants.sec.usace.army.mil/.
    The NWPL is utilized in conducting wetland delineations under the 
authority of Section 404 of the Clean Water Act (33 U.S.C. 1344) and 
Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 401 et 
seq.) and wetland determinations under the authority of the Food 
Security Act of 1985 (16 U.S.C. 3801 et seq.). For the purposes of 
determining how often a species occurs in wetlands, wetlands are 
defined as either (1) those areas that are inundated 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 
(33 CFR 328.3) or (2) ``except when such term is part of the term 
`converted wetland,' means land that has a predominance of hydric 
soils; is inundated or saturated by surface or groundwater at a 
frequency and duration sufficient to support a prevalence of 
hydrophytic vegetation typically adapted for life in saturated soil 
conditions; and under normal circumstances does support a prevalence of 
such vegetation.'' (16 U.S.C. 3801(a)(27) and 7 CFR 12.2). Wetlands are 
identified using the three-factor approach. Because each species being 
evaluated occurs as part of a vegetation assemblage, examining the 
other species present in relation to their assigned wetland fidelity 
may be useful in assessing hydrophytic vegetation.

Discussion of Public Comments

    For the 2020 NWPL update, the NWPL NP and RPs reviewed proposed 
wetland rating changes or additions for 27 species and 48 regional 
ratings (some species were reviewed for multiple regions) submitted by 
the public. Twenty of these species were proposed for addition to the 
NWPL, and seven species were submitted for a rating change request in 
one or more regions. Submitted information was reviewed by the NP and 
RPs, and proposed 2020 ratings for these species were determined. Along 
with soliciting information on the species being evaluated, we also 
solicited comments on the overall NWPL process. This information was 
detailed in the Federal Register Notice, 86 FR 15656, March 24, 2021 
and is provided in the table below.
    At the close of the comment period associated with the Federal 
Register notice, it was discovered that Spiranthes diluvialis, which 
was proposed for listing on the NWPL, was already included on the 
existing NWPL with the indicator status rating of FACW in the Arid West 
(AW), Great Plains (GP), and Western Mountains, Valleys, and Coast 
(WMVC). As a result, no action was taken with regard to Spiranthes 
diluvialis and the indicator status remains unchanged.
    In response to the initial Federal Register notice, thirteen 
comments were received, addressing seven different species. One comment 
was regarding ``Populus fremontii'' (synonym of Populus deltoides on 
the 2018 NWPL), recommending that the indicator status in the AW be 
changed from FAC to FACW. However, this species was not proposed for 
review or recommended indicator status change at the beginning of the 
2020 update process and is therefore not included in this update 
effort. The proposed change to this species will be evaluated in the 
2022 NWPL update. Another comment was on Echinacea laevigata in the 
Atlantic and Gulf Coastal Plain (AGCP) and the Eastern Mountains and 
Piedmont (EMP). The commenter agreed with the proposed indicator status 
of FACU for both regions. The main point of this comment was 
questioning whether rare species, such as E. laevigata, should be 
included on the NWPL. This comment was reviewed by the NWPL RPs and NP 
and there was overall agreement that it is appropriate to include all 
species for which we have adequate data to support assignment of an 
indicator status.
    One commenter recommended that Boltonia decurrens in the Midwest 
(MW) be rated FACW, rather than the proposed FAC. Five commenters 
recommended that Populus balsamifera in the WMVC be rated FAC, rather 
than the proposed FACW. Three commenters, two in the AW and one in the 
WMVC, recommended that Vinca major be rated FACU, rather than the 
proposed FAC. These recommendations were reviewed by the NWPL RPs and 
NP, along with literature, specimen collection data, and professional 
experience and the commenters' recommendations were chosen as the final 
ratings for each of these three species.
    One commenter recommended that Platanthera praeclara in the MW be 
rated FACW, rather than the proposed FAC. This recommendation was 
reviewed by the MW and GP RPs and the NP, along with literature, 
specimen collection data, and professional experience and the 
commenter's recommendation of FACW was chosen as the final rating in 
both the MW and the GP.
    One commenter recommended that Hypericum calycinum in the AW be 
rated UPL, rather than the proposed FAC. This recommendation was 
reviewed by the AW and WMVC RPs and the NP, along with literature, 
specimen collection data, and professional experience. Based on this 
review, FACU was assigned as the indicator status for Hypericum 
calycinum in both the AW and WMVC Regions.

                                      Species Reviewed for NWPL 2020 Update
----------------------------------------------------------------------------------------------------------------
                                                       Current 2018 NWPL  Proposed 2020 NWPL    Final 2020 NWPL
             Species                    Region             rating *             rating              rating
----------------------------------------------------------------------------------------------------------------
Aconitum noveboracense..........  MW................  NL................  FACW..............  FACW.
Aconitum noveboracense..........  NCNE..............  NL................  FAC...............  FAC.
Aeschynomene virginica..........  AGCP..............  FACW..............  OBL...............  OBL.
Apios priceana..................  AGCP..............  NL................  FACU..............  FACU.
Apios priceana..................  EMP...............  NL................  FACU..............  FACU.
Apios priceana..................  MW................  NL................  FACU..............  FACU.
Asclepias meadii................  EMP...............  NL................  FACU..............  FACU.
Asclepias meadii................  MW................  NL................  FACU..............  FACU.
Asplenium scolopendrium.........  EMP...............  NL................  FACU..............  FACU.
Asplenium scolopendrium.........  NCNE..............  NL................  UPL...............  UPL.
Atriplex lentiformis............  AW................  FAC...............  FACU..............  FACU.

[[Page 60451]]

 
Boltonia decurrens..............  MW................  NL................  FAC...............  FACW.
Celastrus orbiculatus...........  NCNE..............  UPL...............  FACU..............  FACU
Cirsium pitcheri................  MW................  NL................  FACU..............  FACU.
Cirsium pitcheri................  NCNE..............  NL................  UPL...............  UPL.
Dalea foliosa...................  NCNE..............  NL................  FAC...............  FAC.
Dalea foliosa...................  EMP...............  NL................  FAC...............  FAC.
Dalea foliosa...................  MW................  NL................  FAC...............  FAC.
Echinacea laevigata.............  AGCP..............  NL................  FACU..............  FACU.
Echinacea laevigata.............  EMP...............  NL................  FACU..............  FACU.
Helianthus verticillatus........  AGCP..............  OBL...............  FAC...............  OBL.
Hypericum calycinum.............  AW................  NL................  FAC...............  FACU.
Hypericum calycinum.............  WMVC..............  NL................  FAC...............  FACU.
Lespedeza leptostachya..........  MW................  NL................  FACU..............  FACU.
Lespedeza leptostachya..........  NCNE..............  NL................  FACU..............  FACU.
Ligustrum lucidum...............  AGCP..............  NL................  FAC...............  FAC.
Ligustrum lucidum...............  GP................  NL................  FACU..............  FACU.
Ligustrum lucidum...............  HI................  NL................  FAC...............  FAC.
Oxypolis canbyi.................  AGCP..............  NL................  OBL...............  OBL.
Peucedanum palustre.............  NCNE..............  NL................  OBL...............  OBL.
Physaria globosa................  MW................  NL................  FACU..............  FACU.
Physaria globosa................  EMP...............  NL................  FACU..............  FACU.
Pinus palustris.................  AGCP..............  FACU..............  FAC...............  FAC.
Platanthera praeclara...........  GP................  NL................  FAC...............  FACW.
Platanthera praeclara...........  MW................  NL................  FAC...............  FACW.
Platanthera praeclara...........  NCNE..............  NL................  FACW..............  FACW.
Populus balsamifera.............  WMVC..............  FAC...............  FACW..............  FAC.
Quercus pagoda..................  AGCP..............  FACW..............  FAC...............  FAC.
Silene spaldingii...............  AW................  NL................  FACU..............  FACU.
Silene spaldingii...............  WMVC..............  NL................  FACU..............  FACU.
Spiranthes diluvialis...........  AW................  FACW..............  FACW..............  FACW.
Spiranthes diluvialis...........  GP................  FACW..............  FACW..............  FACW.
Spiranthes diluvialis...........  WMVC..............  FACW..............  FACW..............  FACW.
Trifolium stoloniferum..........  EMP...............  NL................  FACU..............  FACU.
Trifolium stoloniferum..........  MW................  NL................  FACU..............  FACU.
Vinca major.....................  AW................  NL................  FAC...............  FACU.
Vinca major.....................  WMVC..............  NL................  FAC...............  FACU.
Xylocarpus moluccensis..........  HI................  NL................  OBL...............  OBL.
----------------------------------------------------------------------------------------------------------------
* NL = ``Not Listed'' and indicates proposed additions to the NWPL.

    As part of the 2020 NWPL update, USACE also proposed making two 
administrative changes with the Hawai'i and Pacific Islands Region (HI) 
and the South Pacific Islands Subregion (SPI). No comments were 
received from the public on this proposal. NWPL subregions are areas in 
which small numbers of wetland plants have wetland indicator status 
ratings that differ from the ratings for the same plant species in the 
rest of the region. Boundaries of subregions are typically based on 
Major Land Resource Areas. Under the previous format, the SPI included 
certain plant species which had an indicator status rating for SPI but 
not for HI (see e.g., indicator status ratings for Abildgaardia ovata; 
SPI= FACW, HI= NL). This previous format of HI/SPI is inconsistent with 
the formatting of other NWPL regions and subregions and has caused some 
confusion when applying the NWPL within HI.
    To address this confusion, USACE finalized the two proposed 
administrative changes, neither of which affect the current boundaries 
of SPI, HI, or any other NWPL regions or subregions. First, USACE 
reformatted SPI and HI by merging the lists of plant species from the 
existing SPI and HI to form a single, comprehensive region, with SPI 
serving as a subregion of HI, instead of the previous state of the 
region in which SPI served as a stand-alone subregion separate from the 
larger HI region. Plant species that had an indicator status rating for 
SPI but not for HI (e.g., Abildgaardia ovata) now have a single, 
comprehensive indicator status rating for the entire region (HI). For 
those species which had differing indicator status ratings between SPI 
and HI (e.g., Abrus precatorius), the indicator status rating for SPI 
has been added to the reformatted SPI, which will serve as a subset of 
indicator status ratings within HI, and includes only those plant 
species and associated indicator status ratings which differ from the 
HI indicator status rating. With the exception of Xylocarpus 
moluccensis and Ligustrum lucidum, which were recommended changes 
submitted by the public, all indicator status ratings for SPI and HI 
were retained through this reformatting. This administrative change 
provides greater clarity for the public, removes redundancies in the 
NWPL that existed between SPI and HI, allows for a consistent 
formatting of subregions between all NWPL regions, and more accurately 
and appropriately reflects species' distribution and wetland frequency 
within SPI and HI.
    In addition to reformatting SPI and HI to form a single, 
comprehensive region, USACE also renamed SPI from its current name, 
``South Pacific Islands Subregion'', to ``Pacific Islands Subregion.'' 
This subregion includes islands which are located within both the 
northern Pacific (i.e., the Commonwealth of the Northern Mariana 
Islands and the Territory of Guam) and southern Pacific (i.e., the 
Territory of American Samoa). Therefore, the name change more 
accurately characterizes

[[Page 60452]]

the geographic extent and spatial variability of this subregion. This 
change also creates consistency between the naming conventions of the 
NWPL regions and subregions and the Regional Supplements to the Corps 
of Engineers Wetland Delineation Manual regions.
    In accordance with the Memorandum of Agreement signed in 2017 (2017 
MOA),\1\ future updates to the NWPL will continue to occur biennially. 
The public may provide input to be considered as part of future NWPL 
updates by utilizing the following procedures. A change in indicator 
status or addition of a currently unlisted species may be requested at 
any time at https://wetland-plants.sec.usace.army.mil/ by clicking on 
the ``Submit a NWPL Change Request'' link and submitting the 
appropriate data. Appropriate data includes ecological data, literature 
reviews, frequency and abundance data, testing descriptions, and 
geographic data for the taxon in wetlands and non-wetlands in the USACE 
wetland region or subregion for which the change is proposed.
---------------------------------------------------------------------------

    \1\ U.S. Army Corps of Engineers, the U.S. Environmental 
Protection Agency, the U.S. Fish & Wildlife Service and the Natural 
Resources Conservation Service. (2017). Memorandum of Agreement 
Among the U.S. Army Corps of Engineers, the U.S. Environmental 
Protection Agency, the U.S. Fish & Wildlife Service and the Natural 
Resources Conservation Service for the Purpose of Updating and 
Maintaining the National Wetland Plant List.
---------------------------------------------------------------------------

    In accordance with the Memorandum of Agreement signed in 2006 (2006 
MOA),\2\ USACE, endorsed by the EPA, FWS and NRCS, is publishing final 
wetland indicator statuses for the 2020 NWPL. The final NWPL is 
available at https://wetland-plants.sec.usace.army.mil/. State, 
regional, and national lists can also be downloaded from this site. 
This completes the review of the NWPL. All comments received have been 
evaluated and final indicator statuses have been set.
---------------------------------------------------------------------------

    \2\ U.S. Army Corps of Engineers, the U.S. Environmental 
Protection Agency, the U.S. Fish & Wildlife Service and the Natural 
Resources Conservation Service. (December 12, 2006). Memorandum of 
Agreement Among the U.S. Army Corps of Engineers, the U.S. 
Environmental Protection Agency, the U.S. Fish & Wildlife Service 
and the Natural Resources Conservation Service for the Purpose of 
Transferring Responsibility for Updating and Maintaining the 
National List of Vascular Plant Species that Occur in Wetlands.
---------------------------------------------------------------------------

    Detailed information on the update process, protocol, and technical 
issues can be found in the following documents (available on the NWPL 
Publications web page):
     Lichvar, Robert W. and Minkin, Paul. Concepts and 
Procedures for Updating the National Wetland Plant List. Sept 2008. 
ERDC/CRREL TN-08-3. Hanover, NH: U.S. Army Engineer Research and 
Development Center, Cold Regions Research and Engineering Laboratory.
     Lichvar, Robert W. and Gillrich, Jennifer J. Final 
Protocol for Assigning Wetland Indicator Status Ratings during National 
Wetland Plant List Update. Sept 2011. ERDC/CRREL TN-11-1. Hanover, NH: 
U.S. Army Engineer Research and Development Center, Cold Regions 
Research and Engineering Laboratory.
    Additional cited literature:
    Lichvar R.W., N.C. Melvin, M.L. Butterwick, and W.N. Kirchner. 
2012. National Wetland Plant List Indicator Rating Definitions. ERDC/
CRREL TN-12-1. Hanover, NH: U.S. Army Engineer Research and Development 
Center Cold Regions Research and Engineering Laboratory

Environmental Documentation

    A decision document has been prepared for this action after all 
comments received were evaluated. The decision document is available 
through Headquarters, U.S. Army Corps of Engineers, Operations and 
Regulatory Community of Practice, 441 G Street NW, Washington, DC 
20314-1000.

Authority

    The NWPL is utilized in conducting wetland determinations under the 
authority of the Food Security Act of 1985 (16 U.S.C. 3801 et seq.) and 
wetland delineations under the authority of Section 404 of the Clean 
Water Act (33 U.S.C. 1344) and Section 10 of the Rivers and Harbors Act 
of 1899 (33 U.S.C. 401 et seq.). The Corps has responsibility for 
issuing this update pursuant to the 2006 MOA.

Jaime A. Pinkham,
Acting Assistant Secretary of the Army (Civil Works).
[FR Doc. 2021-23891 Filed 11-1-21; 8:45 am]
BILLING CODE 3720-58-P