[Federal Register Volume 88, Number 13 (Friday, January 20, 2023)]
[Notices]
[Pages 3729-3731]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01026]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


National Wetland Plant List

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice.

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SUMMARY: The National Wetland Plant List (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. To update the NWPL, 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 
proposed changes to the 2022 NWPL and its web address to solicit public 
comments. The public will now have the opportunity to comment on the 
proposed changes to wetland indicator status ratings for two plant 
species in the Arid West (AW) region. In addition, we are accepting 
comments on the proposal to move from a two-year update cycle to a 
three-year update cycle for the NWPL. Finally, USACE is seeking 
comments on the overall NWPL update process.

DATES: Comments must be submitted on or before March 21, 2023.

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, by phone at 202-761-4750 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    USACE administers the NWPL for the United States (U.S.) and its 
territories. Responsibility for the NWPL was transferred to USACE from 
the 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 2022 and 
included review by Regional Panels (RPs) and the National Panel (NP).

Wetland Indicator Status Ratings

    On the NWPL, there are five categories of wetland indicator status

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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 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, except that this term does not include lands in Alaska 
identified as having a high potential for agricultural development and 
a predominance of permafrost soils.'' (16 U.S.C. 3801(a)(27) and 7 CFR 
12.2). Because each plant species being evaluated occurs as part of a 
vegetation assemblage, examining all species present in relation to 
their assigned wetland fidelity may be useful in assessing hydrophytic 
vegetation.

2022 Update Information

    For the 2022 NWPL update, one wetland indicator status rating 
change, for Isocoma menziesii, was submitted by the public. In 
addition, we received a comment in response to the initial Federal 
Register Notice for the 2020 NWPL Update (Federal Register Notice, 86 
FR 15656, March 24, 2021) recommending that the wetland indicator 
status rating for Populus fremontii be changed from FAC to FACW in the 
AW. As mentioned in the final Federal Register Notice for the 2020 NWPL 
Update (Federal Register Notice 86 FR 60449, November 2, 2021), because 
this species was not proposed for review or a recommended wetland 
indicator status rating change prior to the initiation of the 2020 NWPL 
update, we are addressing this species as part of the 2022 NWPL update. 
The NWPL NP and the AW RP reviewed the submitted information associated 
with the two proposed changes and determined the proposed 2022 wetland 
indicator status ratings for these species as shown below.

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                                                                                           Proposed 2022 NWPL
              Species                        Region           Current 2020 NWPL rating           rating
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Isocoma menziesii.................  AW......................  FAC.....................  FACU.
Populus fremontii.................  AW......................  FAC.....................  FACW.
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    On the current 2020 NWPL, Populus fremontii is listed as a synonym 
of Populus deltoides (i.e., these two species are grouped together as a 
single species). A synonym is an alternate scientific name that is not 
the currently valid scientific name and has been changed based on new 
scientific evidence. Scientific name changes often occur due to lumping 
two or more formerly separate species into one species or splitting one 
or more species from an existing species. When either of these 
circumstances occur, the ``new'' species may need re-evaluation of 
their wetland indicator status rating.
    In 2017, the USACE, EPA, FWS, and NRCS signed a Memorandum of 
Agreement (MOA) \1\ that, among other things, required that the NWPL 
use the nomenclature used in the NRCS PLANTS Database.\2\ In accordance 
with the MOA, we are changing the nomenclature of Populus fremontii to 
align with the nomenclature for this species as found in the NRCS 
PLANTS Database. This change will remove Populus fremontii as a synonym 
of Populus deltoides, and more appropriately place Populus fremontii on 
the NWPL as a separate, stand-alone species. Because the wetland 
indicator status rating for Populus deltoides is FAC, the current 
wetland indicator status rating for Populus fremontii is also FAC. As 
part of the 2022 NWPL update, we are proposing to change the wetland 
indicator status rating of Populus fremontii from FAC to FACW in the 
AW. This proposed change is specific to Populus fremontii and will not 
result in a change to the existing wetland indicator status rating for 
Populus deltoides.
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    \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.
    \2\ USDA, NRCS. 2022. The PLANTS Database (http://plants.usda.gov, 08/05/2022). National Plant Data Team, Greensboro, 
NC USA.
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Changing the Frequency of NWPL Updates

    When the NWPL was first updated in 2012, updates were to occur 
annually, with subsequent updates occurring in 2013 and 2014. However, 
the frequency of the annual updates increased confusion as to which 
NWPL update was valid at a given time, so the updates moved to biennial 
updates in 2016. Since that time, the number of proposed changes from 
the public has gradually decreased. The continued decrease in requests 
for changes, along with the potential for further reducing confusion as 
to which NWPL update was valid at a given time, has led us to the 
current

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proposal to move to a three-year update cycle, beginning with this 2022 
update (i.e., the next update will be in 2025 instead of 2024). We are 
seeking comments on the proposed change in frequency of NWPL updates or 
whether we should remain with biennial updates or move to some other 
update frequency.

Instructions for Providing Comments Online

    USACE encourages public input in the form of data, comments, 
literature references, or field experiences, to help clarify the status 
of the species reviewed for this update. These same two reviewed 
species, and their proposed 2022 wetland ratings for the AW region, can 
be viewed at the NWPL homepage, https://wetland-plants.sec.usace.army.mil/ under ``2022 NWPL Update Information.'' A link to provide 
general or species-specific comments in response to this notice is also 
available at this location. Users are encouraged to submit literature 
citations, herbaria records, experiential references, monitoring data, 
and other relevant information. Specific knowledge of, or studies 
related to, individual species are particularly helpful. When providing 
input or information on the proposed changes to the 2022 NWPL update, 
commenters should use their regional botanical and ecological 
expertise, field observations, reviews of the most recent indicator 
status information, appropriate botanical literature, floras, herbarium 
specimens with notation of habitat and associated species, habit data, 
relevant studies, and historic list information. Providing ratings 
without supporting documentation or information is not recommended. All 
submitted comments and information will be compiled and sent to the 
NWPL NP for their review and consideration.
    In addition to requests for comments on the proposed changes to 
wetland indicator status ratings for two plant species in the AW region 
as well as the frequency of NWPL updates, USACE is also seeking 
comments on the overall NWPL update process. Detailed information on 
the update process, protocol, and technical issues can be found in the 
following documents, which are available on the ``NWPL Publications'' 
web page:
     Lichvar, Robert W. and Paul Minkin. Concepts and 
Procedures for Updating the National Wetland Plant List. 2008. ERDC/
CRREL TN-08-3. Hanover, NH: U.S. Army Engineer Research and Development 
Center, Cold Regions Research and Engineering Laboratory. https://wetland-plants.sec.usace.army.mil/nwpl_static/data/DOC/NWPL/pubs/2008_Lichvar_Minkin.pdf.
     Lichvar, Robert W. and Jennifer J. Gillrich. Final 
Protocol for Assigning Wetland Indicator Status Ratings during National 
Wetland Plant List Update. 2011. ERDC/CRREL TN-11-1. Hanover, NH: U.S. 
Army Engineer Research and Development Center, Cold Regions Research 
and Engineering Laboratory. https://wetland-plants.sec.usace.army.mil/nwpl_static/data/DOC/NWPL/pubs/2011v3_Lichvar_Gillrich.pdf.
     Lichvar Robert W., Norman C. Melvin, Mary L. Butterwick, 
and William 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. https://wetland-plants.sec.usace.army.mil/nwpl_static/data/DOC/NWPL/pubs/2012b_Lichvar_et_al.pdf.

Future Actions

    Future updates to the NWPL will occur on a to-be-determined 
schedule. A change in indicator status for a given species, or a 
proposed species addition, may be requested at any time at https://wetland-plants.sec.usace.army.mil/ under ``Submit NWPL Change 
Request.'' Submissions throughout the review period will be compiled 
and reviewed prior to each NWPL update and any resulting proposed 
changes will be reflected in the subsequent notice of an updated list.

Michael L. Connor,
Assistant Secretary of the Army (Civil Works).
[FR Doc. 2023-01026 Filed 1-19-23; 8:45 am]
BILLING CODE 3720-58-P