-------------------------Indexing Terms------------------------- 
REPORTNUM:   RCED-92-79FS						        

TITLE:     Overview Federal and State Policies, Legislation, and Programs

DATE:   11/22/1991 
				                                                                         
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RCED-92-79FS

Overview Federal and State Policies, Legislation, and Programs

GAO United States General Accounting Office

Washington, D. C. 20548 Resources, Communi& and Economic Development
Division

B- 246559 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- 246559 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- 246559 Section 1 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 198Os, 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 others 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.

Director, Natural Resources Management Issues 4

CONTENTS Pase

1 LETTER SECTION

1 2 3

7 8 9 10 APPENDIX

I II

WHAT ARE WETLANDS AND WHY ARE THEY IMPORTANT? HOW MANY WETLANDS REMAIN AND
WHY HAVE SO MANY BEEN LOST? WHAT HAS BEEN THE FEDERAL GOVERNMENT'S RECENT
POLICY AND APPROACH TOWARD WETLANDS?

WHAT WETLANDS- RELATED LEGISLATION HAS BEEN ENACTED? WHAT WETLANDS- RELATED
LEGISLATION IS PENDING BEFORE THE CONGRESS? WHICH FEDERAL AGENCIES ARE
PRIMARILY RESPONSIBLE FOR ADMINISTERING WETLANDS- RELATED PROGRAMS?

WHAT RESOURCES HAVE FEDERAL AGENCIES DEVOTED TO IMPLEMENTING AND ENFORCING
WETLANDS- RELATED PROGRAMS? DO STATES HAVE WETLANDS- RELATED PROGRAMS? HOW
ARE FEDERAL AND STATE WETLANDS AND WATER- RELATED PROGRAMS COORDINATED? HOW
DO PRIVATE PARTIES LEARN ABOUT WETLANDS PROGRAM REQUIREMENTS?

8 11

15 19 30

32 37 39 40 44

DEPARTMENT OF THE ARMY CORPS OF ENGINEERS DIVISION AND DISTRICT OFFICE
WETLANDS CONTACTS 45 ENVIRONMENTAL PROTECTION AGENCY OFFICE OF WETLANDS
PROTECTION PROGRAM OFFICE CONTACTS 55

5

APPENDIX III

IV V VI VII VIII

IX MAJOR CONTRIBUTORS TO THIS FACT SHEET TABLE

I. 1 II. 1 III. 1

IV. 1 v. l VI. 1

FIGURE 1.1 1.2 1.3

DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE PROGRAM OFFICE CONTACTS
DEPARTMENT OF AGRICULTURE AGRICULTURAL STABILIZATION AND CONSERVATION
SERVICE STATE EXECUTIVE DIRECTOR CONTACTS

DEPARTMENT OF THE INTERIOR FISH AND WILDLIFE SERVICE REGIONAL OFFICES AND
PROGRAM OFFICE CONTACTS DEPARTMENT OF COMMERCE NATIONAL MARINE FISHERIES
SERVICE PROGRAM OFFICE CONTACTS STATE AGENCY WETLANDS CONTACTS 82 ESTIMATES
OF WETLANDS PRESENT IN COLONIAL AMERICA AND IN THE 1980s

List of Division and District Engineers 47 List of EPA Regional Contact
Persons 57 List of SCS State Conservationists 59 List of ASCS State
Executive Directors 65 List of FWS Program Office Contacts 71 List of NMFS
Regional Directors 81

Atlantic Salt Marsh Wetlands 8 Prairie Pothole Wetlands 9 Waterfowl
Production Area 10

59 65 70 81

91 93

6

FIGURE 2.1

2.2 2.3 4.1

I. 1 II. 1

V. l ASCS CRP EPA FWS GAO NMFS scs

Percent of Wetlands Present in the United States in the 1780s and the 1980s
12 Wetlands Losses Attributed to Agricultural Activities 14 Wetlands Losses
Attributed to Housing and Highway Development 14 Classification of Certain
Major Federal Wetlands- Related Legislation by Primary Purpose

Corps of Engineers Offices EPA Regions FWS Regions

ABBREVIATIONS Agricultural Stabilization and Conservation Service
Conservation Reserve Program Environmental Protection Agency Fish and
Wildlife Service General Accounting Office National Marine Fisheries Service
Soil Conservation Service

20 46

56 70

7

SECTION 1 WHAT ARE WETLANDS AND WHY ARE THEY IMPORTANT? "Wetlands" is a
general term used to describe a variety of ec0systems. l 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. Fiqure 1.1: Atlantic Salt
Marsh Wetlands

'An ecosystem is defined as a system of mutual relationships between
organisms and their environment. 8

Fiaure 1.2: Prairie Pothole Wetlands 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. Y

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. ' 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 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.

'Wetlands Preservation: Easements Are Protecting 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. lOl-
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 198Os, 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.

11

Fiaure 2.1: Percent of Wetlands Present in the United States in the 1780s
and the 19,808

Wistlend Distribution Circa 1780% 1 . .

12to25 m 25 to 50 m 5oto55

Source: T. E. Dahl, Wetland Losses in the United States: 1780s to 198Os, 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

E. f -.

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, l 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, j
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 Delineatins 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 hydrology4 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 Reqister. 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, fv 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 197os, 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 .i' ,_‘ ,, ‘ , ,,

.I

Fiaure 4.1: Classification of Certain Major Federal Wetlands- Related
Leaislation by Primary Purpose Aewletlon Section 404 of the Clean Water
Actof 1977

Restoration Title XII of the Food Security

Act of 1985 (Conservation Reserve Coastal Wetlands Planning,

Protection, and Restoration Act Water Resources Development

Wetlands Preservation

/( fncentfve/ Dfslncentlve -\

Title XII, Subtitle C of the Food Security Act of 1985 (Swampbuster) Water
Bank Act Acqulsitlon /

Migratory Blrd Hunting Stamp Act, as Amended, (Wetlands Acqulsitlon)
Emergency Wetlands

Resources Act of 1988 Land and Water

Conservation Fund Act Natlonal Wlldllfe

Refuge System Act \ Other \ 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
ag, riculture, 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 Securitv 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. lOl- 624)-- referred to as the 1990 Farm Bill--
amended Swampbuster and CRP. The Swampbuster 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 Proqram 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 lo- 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 for 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. '

With certain exceptions, financial assistance is defined as any form of
loan, grant, guaranty, insurance, payment, rebate, 'A 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,
Agriculture, 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 1 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 Aqricultural Credit Act 1P. 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 Planning, 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 Endanuered Species Act of 1973 116 W. 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 area that has the
physical or biological features conserve the species and that may require
special consideration or protection.

the geographical essential to management The Emeraencv 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-
6691)

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- 742i1

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- 2291 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 Refuue Svstem Administration Act of 1966 (16 U. S. C.
668dd- 668eeI 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. 13421 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 Recoverv Act of 1976 (42 U. S. C. 69011 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 Policy 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 Manaaement and Improvement Act of 1990 116. U. S. C. 1451)
Under the Coastal Zone Management and Improvement Act (subtitle C of the
Omnibus Budget Reconciliation Act of 1990 (P. L. lOl- 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 Congk- ess. ' 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- 41281

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 floodplains. 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 199l..( 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
certain 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

(AS- 1 r 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,
l 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
theirown 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

c

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. 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 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 FWS' 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, OOO 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.

36

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)

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 lo- 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, orI 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
REQUIREMENTS? 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 CORP$ 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 I. 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 Fisure 1.1: Corps of Enaineers Offices

Pacific Ocean Atlantic . Dlvlsbn and Distrk3 Headquarters 0 DMsbn
Hearbueriem . Dlstrlcl Headquarters - - - stata flomdatias - Dlr~ tndarles

Note: In Iowa the eastern bank of the Mlssourl River is regulated by the
Omaha office. Source: Corps of Engineers.

46

APPENDIX I APPENDIX I Table 1.1: List of Division and District Enqineers
State Address Telephone Alabama Mobile District Engineer CESAM- OP- S P. O.
Box 2288 Mobile, AL 36628- 0001

Alaska Arizona Arkansas California Colorado

Alaska District Engineer CENPA- CO- R P. 0 Box 898 Anchorage, AK 99506- 0898
Los Angeles District Engineer CESPL- CO- R P. O. Box 2711 Los Angeles, CA
90053- 2325

Little Rock District Engineer CESWL- CO- P P- 0. Box 867 Little Rock, AR
72203- 0867 Sacramento District Engineer CESPK- CO- O 650 Capitol Mall
Sacramento, CA 95814- 4794 Albuquerque District Engineer CESWA- CO- R P. O.
Box 1580 Albuquerque, NM 87103- 1580

(205) 690- 2511 (907) 753- 2504 (213) 894- 5300 (501) 324- 5531 (916) 551-
2005 (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 Florida Georgia Hawaii

Idaho Philadelphia District Engineer CENAP- OP- R U. S. Custom House Second
and Chestnut Streets Philadelphia, PA 19106- 2991

Jacksonville District Engineer CESAJ- RD P. O. Box 4970 Jacksonville, FL
32232- 0019 Savannah District Engineer CESAS- OP- F P, O. Box 889 Savannah,
GA 31402- 0889 Honolulu District Engineer CEPDO- CO- O Building 230 Fort
Shafter Honolulu, HI 96858- 5440 Walla Walla District Engineer CENPW- OP- RF
Building 602 City- County Airport Walla Walla, WA 99362- 9265

(215) 597- 4848 (904) 791- 2241 (912) 944- 5224 (808) 438- 1060 (509) 522-
6505 48

APPENDIX I Illinois

Indiana Iowa Kansas Kentucky Louisiana

Rock Island District Engineer CENCR- OD- S P. O. Box 2004 Clock Tower
Building Rock Island, IL 61204- 2004 Louisville District Engineer CEORL- OR-
F P. O. Box 59 Louisville, KY 40201- 0059 Rock Island District Engineer
CENCR- OD- S P. O. Box 2004 Clock Tower Building Rock Island, IL 61204- 2004
Kansas City District Engineer CEMRK- OD- P 700 Federal Building 601 East
12th Street Kansas City, MO 64106- 2896 Louisville District Engineer CEORL-
OR- F P. O. Box 59 Louisville, KY 40201- 0059 New Orleans District Engineer
CELMN- OD- S P. O. Box 60267 New Orleans, LA 70160- 0267

APPENDIX I (309) 788- 6361 ext. 6224 (502) 582- 5601 (309) 788- 6361 ext.
6224

(816) 426- 3201 (502) 582- 5601 (504) 862- 1121

49

APPENDIX I APPENDIX I Maine

Maryland Massachusetts Michigan Minnesota Mississippi Missouri

New England Division Engineer CENED- OD- R 424 Trapelo Road Waltham, MA
02254- 9149 Baltimore District Engineer CENAB- OP- R P. O. Box 1715
Baltimore, MD 21203- 1715 New England Division Engineer CENED- OD- R 424
Trapelo Road Waltham, MA 02254- 9149 Detroit District Engineer CENCE- CO- L
P. O. Box 1027 Detroit, MI 48231- 1027

(617) 647- 8220 (410) 962- 4545 (617) 647- 8220 (313) 226- 6762 St. Paul
District Engineer CENCS- CO- R 1421 USPO & Custom House St. Paul, MN 55101-
9806 (612) 220- 0300

Vicksburg District Engineer CELMK- OD- F P. O. Box 60 Vicksburg, MS 39180-
0060 Kansas City District Engineer CEMRK- OD- P 700 Federal Building 601
East 12th Street Kansas City, MO 64106- 2896

(601) 631- 5010 (816) 426- 3201 50

APPENDIX I Montana

Nebraska Nevada New Hampshire New Jersey

New Mexico New York

Omaha District Engineer CEMRO- OP- R P. O. Box 5 Omaha, NE 68101- 0005 Omaha
District Engineer CEMRO- OP- R P. O. Box 5 Omaha, NE 68101- 0005 Sacramento
District Engineer CESPK- CO- O 650 Capitol Mall Sacramento, CA 95814- 4794
New England Division Engineer CENED- OD- R 424 Trapelo Road Waltham, MA
02254- 9149 Philadelphia P& strict Engineer CENAP- OP- R U. S. Custom House
Second and Chestnut Streets Philadelphia, PA 19106- 2991

Albuquerque District Engineer CESWA- CO- R P. O. Box 1580 Albuquerque, NM
87103- 1580 New York District Engineer CENAN- OP- R 26 Federal Plaza New
York, NY 10278- 0090

APPENDIX I (402) 221- 3900 (402) 221- 3900 (916) 551- 2005 (617) 647- 8220

(215) 597- 4848 (505) 766- 2732 (212) 264- 0100 51

APPENDIX I APPENDIX I North Carolina Wilmingtdn District Engineer CESAW- CO-
E P. O. Box 1890 Wilmington, NC 28402- 1890

North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island

Omaha District Engineer CEMRO- OP- R P. O. Box 5 Omaha, NE 68101- 0005
Huntington District Engineer CEORH- OR- F 502 Eighth Street Huntington, WV
25701- 2070 Tulsa District Engineer CESWT- OD- RF P. O. Box 61 Tulsa, OK
74121- 0061 Portland District Engineer CENPP- PL- R P. O. Box 2946 Portland,
OR 97208- 2946 Baltimore District Engineer CENAB- OP- R P. O. Box 1715
Baltimore, MD 21203- 1715 New England Division Engineer CENED- OD- R 424
Trapelo Road Waltham, MA 02254- 9149

(919) 343- 4501 (402) 221- 3900 (304) 529- 539s (918) 581- 7311 (503) 326-
6000 (410) 962- 4545 (617) 647- 8220 52

APPENDIX I APPENDIX I South Carolina Charleston District Engineer CESAC- CO-
P P. O. Box 919 Charleston, SC 29402- 0919

South Dakota Omaha District Engineer CEMRO- OP- R P. O. Box 5 Omaha, NE
68101- 0005 Tennessee Texas Utah Vermont Virginia

Nashville District Engineer CEORN- OR- F P. O. Box 1070 Nashville, TN 37202-
1070 Fort Worth District Engineer CESWF- OD- 0 P. O. Box 17300 Fort Worth,
TX 76102- 0300

(803) 724- 4229 (402) 221- 3900 (615) 736- 5626 (817) 334- 2300 Sacramento
District Engineer CESPK- CO- O 650 Capitol Mall Sacramento, CA 95814- 4794
(916) 551- 2005

New England Division Engineer CENED- OD- R 424 Trapelo Road Waltham, MA
02254- 9149 (617) 647- 8220 Norfolk District Engineer CENAO- OP- P 803 Front
Street Norfolk, VA 23510- 1096 (804) 441- 3601

53

APPENDIX I APPENDIX I Washington

West Virginia Wisconsin Wyoming District of Columbia Pacific Territories

'Seattle District Engineer CENPS- OP- RG P. O. Box C- 3755 Seattle, WA
98124- 2255 Huntington District Engineer CEORH- OR- F 502 Eighth Street
Huntington, WV 25701- 2070 St. Paul District Engineer CENCS- CO- R 1421 USPO
& Custom House St. Paul, MN 55101- 9806 Omaha District Engineer CEMRO- OP- R
P. O. Box 5 Omaha, NE 68101- 0005 Baltimore District Engineer CENAB- OP- R
P. O. Box 1715 Baltimore, MD 21203- 1715

(206) 764- 3690 (304) 529- 539s (612) 220- 0300 (402) 221- 3900 (410) 962-
4545 Honolulu District 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 II. 1 shows the
boundaries of EPA's regional offices. Table II. 1 provides the names and
titles of regional contact persons as well as their addresses and telephone
numbers.

55

APPENDIX II APPENDIX II Fiaure 11.1: EPA Resions

Source: EPA. 56

APPENDIX II APPENDIX II Table II. l: List of EPA Reaional Contact Persons
Reaion 1 Douglass Thompson, Chief U. S. EPA - Region I Wetlands Protection
Section (WWP- 1900) John F. Kennedy Federal Building Boston, MA 02203- 1911

Telephone (617) 565- 4430 Reqion 2 Dan Montella, Chief U. S. EPA - Region II
Wetlands Section (2WM- MWP) 26 Federal Plaza, Room 837 New York, NY 10278

Resion 3 Barbara D'Angelo, Chief U. S. EPA - Region III Wetlands and Marine
Policy Section (3ES42) 841 Chestnut Street Philadelphia, PA 19107 Reaion 4
Thomas Welborn, Chief U. S. EPA - Region IV Wetlands Unit (4WM- MEB) 345
Courtland Street NE Atlanta, GA 30365 Reqion 5 Doug Ehorn, Chief U. S. EPA -
Region V Wetlands Protection Section (SWQ- TUBS- 8) 230 South Dearborn
Street Chicago, IL 60604 Reuion 6 Beverly Etheridge, Chief U. S. EPA -
Region VI Wetlands Protection Section (6E- FT) 1445 Ross Avenue Dallas, TX
75202

(212) 264- 5170 (215) 597- 9301 (404) 347- 2126 (312) 353- 2079 (214) 655-
2260 Reqion '7

57

APPENDIX II APPENDIX II Reaion 7 Diane Hershberger, 'Chief U. S. EPA -
Region VII Wetlands Protection Section 726 Minnesota Avenue Kansas City, KS
66101

Reaion 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

Reaion 9 Phil Oshida, Chief U. S. EPA - Region IX Wetlands Section (W- 7- 2)
215 Fremont Street San Francisco, CA 94105 Reuion 10 Bill Reilly, Chief U.
S. EPA - Region X Water Resources Assessment Section (WD- 138) 1200 Sixth
Avenue Seattle, WA 98101

(913) 236- 2823 (303) 293- 1568 (415) 974- 2318 (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 III. 1 provides the name, address, and telephone number of each state
conservationist. Table 111.1: List of SCS State Conservationists State
Address Alabama Ernest Todd 665 Opelika Road P. O. Box 311 Auburn, AL 36830

Alaska Burton L. Clifford 201 East Ninth Avenue Suite 300 Anchorage, AK
99501- 3687 Arizona Donald W. Gohmert 201 East Indianola Suite 200 Phoenix,
AZ 85012 Arkansas Ronnie D. Murphy Federal Building, Room 5404 700 West
Capitol Avenue Little Rock, AR 72201

Telephone (205) 821- 8070 ext. 535

(907) 271- 2424 (603) 640- 2247 (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 Guam

Hawaii Idaho Illinois

Hershel R. Read Federal Building, Box 13 355 East Hancock Avenue Athens, GA
30601 (404) 546- 2272 Joan Perry USDA - SCS Pacific Basin Office Suite 602,
GCIC Building 414 West Soledad Avenue Agana, Guam 96910

Warren M. Lee P. O. Box 50004 Honolulu, HI 96850 Paul H. Calverley 3244
Elder Street Room 124 Boise, ID 83705

Charles Whitmore 1902 Fox Drive Champaign, IL 61820 (671) 472- 7490

(808) 541- 2601 (208) 334- 1601 (217) 398- 5267 60

APPENDIX III APPENDIX III Indiana Robert L. Eddleman 6013 Lakeside Boulevard
Indianapolis, IN 46278

Iowa Kansas Kentucky Louisiana Maine

Maryland Massachusetts Michigan Minnesota Mississippi

Jeffny P. Vonk 63 Federal Building 2D Walnut Street Des Moines, IA 50309
James N. Habiger 760 South Broadway Salina, KS 67401 Billy W. Milliken 333
Waller Avenue Room 305 Lexington, KY 40504

Horace J. Austin 3737 Government Street Alexandria, LA 71302 Charles
Whitmore USDA Building University of Maine Orono, ME 04473

(317) 290- 3200 (515) 284- 4261 (913) 823- 4565 (606) 233- 2749 (318) 473-
7751 (207) 581- 3446 Robert J. Klumpe John Hanson Business Center 339 Revel1
Highway, Suite 301 Annapolis, MD 21401 (410) 757- 0861

Richard A. Gallo 451 West Street Amherst, MA 01002 (413) 256- 0441 Homer R.
Hilner Room 101 1405 South Harrison Road East Lansing, MI 48823- 5202 (517)
337- 6702

Gary R. Nordstrom 600 Farm Credit Building 375 Jackson Street St. Paul, MN
55101- 1854 (612) 290- 3675 L. Pete Heard Federal Building, Suite 1321 100
West Capitol Street Jackson, MS 39269 (601) 965- 5205

61

APPENDIX III Missouri

Montana Nebraska Nevada New Hampshire New Jersey New Mexico

New York North Carolina

Russell C. Mills ' 555 Vandiver Drive Columbia, MO 65202 Richard J. Gooby
Federal Building 10 East Babcock Street Room 443 Bozeman, MT 59715

Ronald E. Moreland Federal Building 100 Centennial Mall North Room 152
Lincoln, NE 68508- 3866 William D. Goddard 1201 Terminal Way Room 219 Reno,
NV 89502 David L. Mussulman Federal Building Durham, NH 03824 Barbara T.
Osgood 1370 Hamilton Street Somerset, NJ 08873 Ray T. Margo, Jr. 517 Gold
Avenue SW Room 3301 Albuquerque, NM 87102- 3157 Paul A. Dodd James M. Hanley
Federal Building 100 South Clinton Street Room 771 P. O. Box 7248 Syracuse,
NY 13261- 7248

Bobbye Jack Jones 4405 Bland Road Suite 205 Raleigh, NC 27609 APPENDIX III

(314) 875- 5214 (406) 587- 6813 (402) 437- 5300 (702) 784- 5863 (603) 868-
7581 (908) 246- 1662 (505) 766- 2173

(315) 423- 5521 (919) 790- 2888 62

APPENDIX III APPENDIX III North Dakota

Ohio Oklahoma Oregon Pennsylvania Caribbean Area Rhode Island South Carolina

Ronnie L. Clark Federal Building 220 East Rosser Avenue Room 278 P. O. Box
1458 Bismarck, ND 58502 Joseph C. Branco 200 North High Street Room 522
Columbus, OH 43215- 2478

(701) 250- 4421 (614) 469- 6962 C. Budd Fountain USDA Agricultural Center
Building Stillwater, OK 74074 (405) 624- 4360

Jack P. Kanalz Federal Building 1200 S. W. Third Avenue 16th Floor Portland,
OR 97204- 2822 (503) 326- 2751 Richard N. Duncan Suite 340 One Credit Union
Place Harrisburg, PA 17110- 2993 (717) 782- 2202 Humberto Hernandeza P. O.
Box 364868 San Juan, PR 00936- 4868 (809) 766- 5206 Robert R. Ensor' USDA -
SCS 46 Quaker Lane Warwick, RI 02886

Billy Abercrombie 1835 Assembly Street Room 950 Strom Thurmond Federal
Building Columbia, SC 29201 "Title is Director, Caribbean Area.

(401) 828- 1300 (803) 765- 5681 bTitle is Deputy State Conservationist.

63

APPENDIX III South Dakota

Tennessee Texas Utah Vermont Virginia

Washington West Virginia Wisconsin Wyoming

,Ron E. Hendrick Federal Building 200 Fourth Street SW Huron, SD 57350- 2475
Jerry S. Lee 675 U. S. Courthouse 801 Broadway Nashville, TN 37203 Harry W.
Oneth W. R. Poage Building 101 South Main Street Temple, TX 76501- 7682
Francis T. Holt P. O. Box 11350 Salt Lake City, UT 84147- 0350 John C.
Titchner 69 Union Street Winooski, VT 05404 George C. Norris Federal
Building 400 North Eighth Street Room 9201 Richmond, VA 23240- 9999

Lynn A. Brown West 316 Boone Avenue Suite 450 Spokane, WA 99201- 2348 Rollin
N. Swank 75 High Street Room 301 Morgantown, WV 26505 Earl Cosby 6515 Watts
Road Suite 200 Madison, WI 53719- 2726 Frank S. Dickson, Jr. Federal Office
Building 100 East B Street Room 3124 Casper, WY 82601

APPENDIX III (605) 353- 1783 (615) 736- 5471 (817) 774- 1214 (801) 524- 5050
(802) 951- 6795

(804) 771- 2455 (509) 353- 2337 (304) 291- 4151 b (608) 264- 5577 (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. 0. Box 2781 Little Rock, AR 72201 (501) 378- 5642

65 .'

APPENDIX IV APPENDIX IV California

Colorado Connecticut Delaware

Florida Georgia Hawaii

Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine

I 1303 J Street Suite 300 Sacramento, CA 95814 (916) 551- 1801 655 Parfet
Street Lakewood, CO 80226 (303) 964- 0200 88 Day Hill Road Windsor, CT 06095
(203) 285- 8483 1201 College Park Drive Suite A Dover, DE 19901 (302) 678-
4912

401 S. E. First Avenue Second Floor, Room 261 Gainesville, FL 32602 (904)
372- 8549 P. O. Box 1907 Athens, GA 30613 (404) 546- 2266 300 Ala Moana
Boulevard Room 4202 Honolulu, HI 96850 (808) 541- 2644

3220 Elder Street Boise, ID 83705 (208) 334- 1706 P. O. Box 19273
Springfield, IL 62794- 9273 (217) 492- 4180 5981 Lakeside Boulevard
Indianapolis, IN 46278 (317) 290- 3030 10500 Buena Vista Court Des Moines,
IA 50322 (515) 254- 1571 2601 Anderson Avenue Manhattan, KS 66502 (913) 539-
3531 333 Waller Avenue Lexington, KY 40504 (606) 233- 2726 3737 Government
Street Alexandria, LA 71302 (318) 473- 7738 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)

(413) 381- 4550

256- 0232 Massachusetts Michigan

445 West Street Amherst, MA 01002 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 I- 55 North Farm Bureau R107W
Jackson, MS 39211 965- 4300

875- 5201 (601)

(314) Missouri Montana

555 Vandiver Drive Columbia, MO 65202, 10 East Babcock USPO & Federal
Building Bozeman, MT 59715 (406)

(402) 587- 6872

437- 5581 Nebraska Nevada

P. O. Box 57975 Lincoln, NE 68510 1755 East Plumb Lane Suite 202 Reno, NV
89502 (702)

(603) 784- 5411

224- 7941 298- 3446 A New Hampshire

New Jersey P. O. Box 1398 Concord, NH 03301

163 Route 130, Building 1 Suite E Bordentown, NJ 08505 (609) New Mexico 517
Gold Avenue SW Room 4408 Albuquerque, NM 87102 (505) 766- 2472 New York 100
South Clinton Room ail Syracuse, NY 13260 (315) 423- 5176

67

APPENDIX IV North Carolina

North Dakota Ohio

Oklahoma Oregon Pennsylvania Puerto Rico Rhode Island

South Carolina South Dakota Tennessee Texas Utah

,P. O. Box 27611 Raleigh, NC 27609 P. O. Box 3046 Fargo, ND 58103 200 North
High Street Room 540 Columbus, OH 43215

USDA Agricultural Center Building Farm Road and Orchard Stillwater, OK 74074
1220 S. W. Third Avenue Room 1524 Portland, OR 97204 1 Credit Union Place
Suite 320 Harrisburg, PA 17110 1607 Ponce de Leon Avenue Santurce, PR 00909
40 Quaker Lane Alderic Complex West Warwick, RI 02893

1835 Assembly Street Room 909 Columbia, SC 29201 200 Fourth Street SW
Federal Building, Room 208 Huron, SD 57350 801 Broadway U. S. Courthouse
Room 579 Nashville, TN 37203 2405 Texas Avenue South College Station, TX
77840 125 South State Street Room 4239 Salt Lake City, UT a4147

68 APPENDIX IV

(919) 790- 2960 (701) 239- 5224

(614) 469- 6735 (405) (503) (717) (809)

(401) (803) (605) (615) (409)

624- 4110 326- 2741 782- 4498 729- 6813

828- 8232 765- 5186 353- 1092 736- 5555 260- 9207

(801) 524- 5013

APPENDIX IV Vermont

Virginia Virgin Islands Washington

West Virginia Wisconsin Wyoming

34'6 Shelburne Executive Square Building Burlington, VT 05401 400 North
Eighth Street G- 500 Richmond, VA 23240 1607 Ponce de Leon Avenue Santurce,
PR 00909 West 316 Boone, Suite 568 Rocke Point Tower Spokane, WA 99201- 2350

75 High Street, Second Floor Room 239 Morgantown, WV 26505 6515 Watts Road
Madison, WI 53719 P. O. Box 920 Casper, WY 82601

APPENDIX IV (802) 658- 2803 (804) 771- 2581 (809) 729- 6902

(509) 353- 2307 (304) 291- 4351 (608) 264- 5301 (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. l lists the contacts for FWS' wetlands- related
activities. Fiaure V. l: FWS Resions

0 Regional onlce - Reglonal Boundary

Puerto Rico and Virgin islands

A Source: v Prepared by GAO using original from FWS.

70

APPENDIX V APPENDIX V Table V: l: List of FWS Proaram Office Contacts
Reaional Director (Reaion 1) U. S. Fish and Wildlife Service 911 N. E. 11th
Avenue Portland, OR 97232- 4181 (503) 231- 6159

Field Supervisor U. S. Fish and Wildlife Service 4696 Overland Road, Room
576 Boise, ID a3705 (208) 334- 1931 Region 1 Jurisdictions California,
Hawaii, Idaho, Nevada, Oregon, Washington, American Samoa, Commonwealth of
the Northern Mariana Islands, Guam, and the Pacific Trust Territories

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 Rena, NV a9502 (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
Reaional Director (Resion 2) U. S. Fish and Wildife Service P. O. Box 1306
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

Reqion 2 Jurisdictions Arizona, New Mexico, Oklahoma, and Texas Field
Supervisor U. S. Fish and Wildlife Service Stadium Centre Building 711
Stadium Street, Suite 252 Arlington, TX 76011 (817) 88?-- 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 Reuional Director (Reciion 3) U. S. Fish and Wildlife Service
Federal Building, Fort Snelling Twin Cities, MN 55111 (612) 725- 3510 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

Reaion 3 Jurisdictions Illinois, Indiana, Iowa, Michigan, Minnesota,
Missouri, Ohio, and Wisconsin Field Supervisor U. S. Fish and Wildlife
Service 6950- H Americana Parkway Reynoldsburg, OH 43068 (614) 4" 69- 6923

73

APPENDIX V APPENDIX V Field Supervisor f 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 (Reqion 4) U. S. Fish and Wildlife Service
Richard B. Russell Federal Building 75 Spring Street SW, Suite 1276 Atlanta,
GA 30303 (404) 331- 6343

Field Supervisor U. S. Fish and Wildlife Service 100 Otis Avenue, Room 224
Asheville, NC 28801 (704) 259- 0321 Reqion 4 Jurisdictions Alabama,
Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North
Carolina, South Carolina, Tennessee, Puerto Rico, and the U. S. Virgin
Islands

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

75

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- 0. Box 2676 Vero Beach, FL 32961- 2676 (305) 562- 3909 Reqional
Director (Reaion 5) U. S. Fish and Wildlife Service One Gateway Center,
Suite 700 Newton Corner, MA 02158 (617) 965- 9217

Assistant Field Supervisor U. S. Fish and Wildlife Service 927 North Main
Street, Building D- l Pleasantville, NJ 08232 (609) 646- 0620 Reqion 5
Jurisdictions Connecticut, Delaware, District of Columbia, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode
Island, Vermont, Virginia, and West Virginia

76

APPENDIX V APPENDIX V Field Supervisor U. S. Fish and Wildlife Service Ralph
Pill Marketplace, Fourth Floor 22 Bridge Street, Junction I- 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 Supervlsor 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 SupDlemental 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. Fish and Wildlife Service R. D. 1, Box 146-
A Smyrna, DE 19977 (302) 653- 9152 Reqional Director (Resion 6) U. S. Fish
and Wildlife Service P. O. Box 25486 Denver Federal Center Denver, CO 80225
(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
l/ 2 Road, Suite B- 113 Independence Plaza Grand Junction, CO 81501 (303)
243- 0348

Region 6 Jurisdictions Colorado, Kansas, Montana, Nebraska, North Dakota,
South Dakota, Utah, and Wyoming 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 Reaional Director (Recrion 7). U. S. Fish and Wildlife
Service 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 Reaion 7 Jurisdiction Alaska

APPENDIX VI DEPARTMENT OF COMMERCE

APPENDIX VI 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. l: List of NMFS Reaional Directors Alaska
Reaion Steven Pennoyer, Director 709 West Ninth Street Federal Building,
Room 453 Juneau, AK 99802

Northwest Reqion Rolland A. Schmitten, Director 7600 Sand Point Way, NE BIN
Cl5700 - Building 1 Seattle, WA 98115- 0070 Northeast Reqion Richard B. Roe,
Director One Blackburn Drive Gloucester, MA 01930 Southeast Reaion Dr.
Andrew J. Kemmerer, Director 9450 Koger Boulevard, Room 206 St. Petersburg,
FL 33702 Southwest Reaion E. Charles Fullerton, Director 300 South Ferry
Street, Room 2005 Terminal Island, CA 90731- 7415

Telephone (907) 586- 7221

(206) 526- 6150 (508) 281- 9300 (813) 893- 3141 (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 APPENDIX VII 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 N" ews, 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- 11 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 Manaqement, 1990. Information updated by GAO to August 1991.
90

APPENDIX VIII APPENDIX VIII State Alabama Arizona Arkansas California
Colorado Connecticut Delaware Florida Georgia Idaho Illinois Indiana Iowa
Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota
Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New
Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon
Pennsylvania Rhode Island

'ESTIMATES OF WETLANDS PRESENT IN COLONIAL AMERICA

AND IN THE 1980s Acres Estimates Estimates of original wetlands 1780s

of existing wetlands 1980s Percent of wetlands lost

7,567,600 3,783,800 50.0 931,000 600,000 36.0 9,848,600 2,763,600 72.0
5,000,000 454,000 91.0 2,000,000 1,000,000 50.0 670,000 172,500 74.0 479,785
223,000 54.0 20,325,013 11,038,300 46.0 6,843,200 5,298,200 23.0 877,000
385,700 56.0 8,212, OOO 1,254,500 85.0 5,600, OOO 750,633 87.0 4,000,000
421,900 89.0 841,000 435,400 48.0 1,566, OOO 300,000 81.0 16,194,500
8,784,200 46.0 6,460, OOO 5,199,200 20.0 1,650, OOO 440,000 73.0 818,000
588,486 28.0 11,200,000 5,583,400 50.0 15,070,000 8,700, OOO 42.0 9,872, OOO
4,067, OOO 59.0 4,844, OOO 643,000 87.0 1,147, ooo 840,300 27.0 2,910,500
1,905,500 35.0 487,350 236,350 52.0 220,000 200,000 09.0 1,500,000 915,960
39.0 720,000 481,900 33.0 2,562, OOO 1,025, OOO 60.0 11,089,500 5,689,500
49.0 4,927,500 2,490, ooo 49.0 5,000,000 482,800 90.0 2,842,600 949,700 67.0
2,262, OOO 1,393,900 38.0 1,127, OOO 499,014 56.0 102,690 65,154 37.0

91

APPENDIX VIII APPENDIX VIII South Carolina South Dakota Tennessee Texas Utah
Vermont Virginia Washington West Virginia Wisconsin Wyoming Subtotal
(Contiguous U. S. Alaska Hawaii Total

6,414, OOO 4,659, OOO 27.0 2,735,100 1,780, OOO 35.0 1,937, ooo 787,000 59.0
15,999,700 7,612,412 52.0 802,000 558,000 30.0 341,000 220,000 35.0 1,849,
OOO 1,074,613 42.0 1,350,000 938,000 31.0 134,000 102,000 24.0 9,800, OOO
5,331,392 46.0 2,000,000 1,250, OOO 38.0

1 221.129,638 170,200, OOO 58,800 391,388,438 104,374,314 170,000,000 51,800

53.0 12":; 30.0

Source: T. E. Dahl, Wetlands Losses in the United States: 1780s to 198Os, 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
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