[Federal Register Volume 89, Number 30 (Tuesday, February 13, 2024)]
[Notices]
[Pages 10059-10061]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02903]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers


National Wetland Plant List

AGENCY: Army Corps of Engineers, DoD.

ACTION: Notice.

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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 2022 National Wetland Plant 
List (NWPL). The NWPL provides plant species wetland 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 2022 NWPL will become effective on February 13, 2024.

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 the 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,

[[Page 10060]]

nomenclatural and taxonomic changes, and newly proposed species. The 
latest review process began in 2022 and included review by Regional 
Panels (RPs), the National Panel (NP), and the public, who provided 
input on proposed wetland rating changes for two species submitted by 
the public. Both of the species were submitted for a rating change 
request in the Arid West region. The proposed indicator changes were 
announced in a Federal Register Notice, 88 FR 3729, January 20, 2023, 
with the comment period ending on March 21, 2023. One comment was 
received during that time.

Wetland Indicator Status Ratings

    On the NWPL, five categories of wetland indicator status ratings 
are 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; and 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.'' (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 2022 NWPL update, the NWPL NP and Arid West RP reviewed 
proposed wetland rating changes for two species submitted by the 
public. Both species were submitted for a rating change request in the 
Arid West region. As noted in the Federal Register Notice, 88 FR 3729, 
January 20, 2023, the 2022 NWPL update will include a nomenclature 
change for Populus fremontii in accordance with the Memorandum of 
Agreement signed in 2017 (2017 MOA).\1\ Because the nomenclature change 
is required by the 2017 MOA, the USACE requested public input on the 
proposed rating change for Populus fremontii only and not the 
nomenclature change itself. Submitted information was reviewed by the 
NP and the Arid West RP, and proposed 2022 ratings for these species 
were determined. Along with soliciting information on the species being 
evaluated, we also solicited comments on the overall NWPL process, in 
particular whether the NWPL update cycle should remain the present two 
years or be changed to a three-year update cycle. This information was 
detailed in the Federal Register Notice, 88 FR 3729, January 20, 2023, 
and the information on the proposed wetland rating changes is 
summarized in the table below.
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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.

                                      Species Reviewed for NWPL 2022 Update
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                                                       Current 2020 NWPL  Proposed 2022 NWPL    Final 2022 NWPL
             Species                    Region              rating              rating              rating
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Isocoma menziesii...............  AW................  FAC...............  FACU..............  FACU.
Populus fremontii...............  AW................  FAC...............  FACW..............  FACW.
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    In response to the initial Federal Register notice, the USACE 
received only one comment which addressed the two- versus three-year 
NWPL update cycle. This comment was in favor of retaining the two-year 
update cycle. Based on this comment, this broader review, and other 
factors including the 2017 MOA, the existing two-year update cycle for 
the NWPL will be retained.
    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.
    In accordance with the Memorandum of Agreement signed in 2006 (2006 
MOA),\2\ the USACE, endorsed by the

[[Page 10061]]

EPA, FWS and NRCS, is publishing final wetland indicator statuses for 
the 2022 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. The list will be used in any wetland 
delineations performed after the effective date. Delineations completed 
prior to the effective date may still use the 2020 NWPL. Completed 
wetland delineation/determination forms should reference the version of 
the NWPL used to complete the form. This completes the review of the 
NWPL. All comments received have been evaluated and final indicator 
statuses have been set.
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    \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.
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    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 Paul Minkin. 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 Jennifer J. Gillrich. 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 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.). The Corps has 
responsibility for issuing this update pursuant to the 2006 MOA.

Approved by,

Thomas P. Smith,
Chief, Operations and Regulatory Division.
[FR Doc. 2024-02903 Filed 2-12-24; 8:45 am]
BILLING CODE 3720-58-P