Other Federal Wetlands Laws and Programs

• Author: Margaret 'Peggy' Strand/Lowell Rothschild
• Pages: 159-170

Page 159

Chapter 9

Other Federal Wetlands Laws and Programs

Numerous other federal programs provide

protection of wetlands in a variety of ways.

e U.S. Department of t he Interior,

in particular the U.S. Fish and Wildlife Service

(FWS), administers wetlands programs and lends

its expertise in wetlands through consulting roles.

e National Oceanic and Atmospheric Adminis-

tration (NOAA), within the U.S. Department of

Commerce, administers a number of laws address-

ing the coastal zone, including coastal wetlands.

ere have also been Executive Orders and presi-

dential policies addressing wetlands. Other federal

laws recognize the importance of wetlands and

oer protection or consideration of these natural

resources. Some of these programs are summarized

below. Agricultural wetlands laws are addressed

separately in Chapter 10.1

I. U.S. Department of the Interior

Programs

A. Fish and Wildlife Service Resources

e FWS has responsibility for cer tain national

wetland information. FWS maintains the National

Wetlands Inventory (NWI), a series of maps and

information concerning t he nation’s wetlands.2

1. Many federal statutes or actions that require consideration of

environmental impacts generally may include wetlands among

the resources considered. Examples of such laws include the

National Environmental Policy Act (NEPA) of 1969, 42 U.S.C.

§§4321-4370f, ELR S. NEPA §§2-209; the Endangered Spe-

cies Act, 16 U.S.C. §§1531-1544, ELR S. ESA §§2-18; the

Resource Conservation and Recovery Act (RCRA), 42 U.S.C.

§§6901-6992k, ELR S. RCRA §§1001-11011; and the

Comprehensive Environmental Response, Compensation and

Liability Act (CERCLA), 42 U.S.C. §§9601-9675, ELR S.

CERCLA §§101-405. In addition, the National Park Service

administers properties that in some cases consist almost entirely

of wetlands. An example would be the Everglades National Park

Protection and Expansion Act of 1989, Pub. L. No. 101-229,

103 Stat. 1946 (codied at 16 U.S.C. §§410r-5 to r-8).

2. See http://www.fws.gov/nwi/.

As a general matter, this project has been under-

funded, so that National Wetlands Inventory maps

may vary in utility depending upon their age. As

of 2008, approximately 57% of U.S. wetlands have

been mapped.3 FWS a lso periodically prepares

reports on Wetland Status and Trends based on

research on the wetlands of the United States.4

Until recently, the FWS maintained and period-

ically updated the wetland plant list, used for wet-

land delineation.5 In 2006, the lead responsibility

for updating this list was transferred to the Corps

through a four-agency memorandum of agreement

(MOA), involving EPA and NOAA, as well as the

Corps and FWS.6 is MOA provides that the

Corps will fund and take the lead in maintaining

and updating the list, but t he other agencies will

participate in technical determinations of plants to

include on national and regional lists, as well as the

wetland indicators to assign to those plants.

FWS provides assistance to land owners on wet-

lands and wildlife habitat conservation through

the Partners for Fish a nd Wildlife Program. is

program has been in place for over 20 years and

was updated under the 2006 Partners for Fish and

Wildlife Act.7 e law authorizes up to $75 million

per year throug h 2011 for technical and nancial

assistance to private landowners engaged in habi-

tat improvement and restoration, including with

respect to wetlands.

3. U.S. Fish and Wildlife Service Fiscal Year 2009 Budget Justica-

tions at HC-42, available at http://www.fws.gov/budget/.

4. Status and Trends of Wetlands in the Coterminous United

States 1998-2004, available at http://wetlandsfws.er.usgs.gov/

status_trends/index.html. e next report is expected in 2010.

5. See, e.g., U.S. Fish and Wildlife Service, 1988, National List

of Vascular Plant Species at Occur in Wetlands. U.S. Fish &

Wildlife Service Biological Report 88 (26.9).

6. See http://www.fws.gov/wetlands/_documents/gOrg/MOAWet-

landPlants.pdf.

7. Pub. L. No. 109-294, 120 Stat. 1351 (codied at 16 U.S.C.

§§3771-3774).