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10-03-03
currently exists in the 404 program to apply less vigorous permit review to small projects
with minor environmental impacts.
Three questions arise: (1)What are the implications of implementing a classification
program, (2) How clearly can a line separating each wetland category be defined, and (3) Are
there regions where wetlands should be treated differently? Regarding classification, even
most wetland protection advocates acknowledge that there are some situations where a
wetland designation with total protection is not appropriate. But they fear that classification
for different degrees of protection could be a first step toward a major erosion in overall
wetland protection. Also, these advocates would probably like to see almost all wetlands
presumed to be in the highest protection category unless experts can prove an area should
receive a lesser level of protection, while critics who view protection efforts as excessive,
would seek the reverse.
Locating the boundary line can be controversial when the line encompasses areas that
do not meet the image held by many. Controversy would likely grow if a tiered approach
required that lines segment wetland areas. On the other hand, a consistent application of an
agreed-on definition may lead to fewer disputes and result in more timely decisions.
Some states have far more wetlands than others. Different treatment has been proposed
for Alaska because about one third of the state is designated as wetlands, yet a very small
portion has been converted. Legislative proposals have been made to exempt it from the
404 program until 1% of its wetlands have been lost. Some types of wetlands are already
treated differently. For example, playas and prairie potholes have somewhat different
definitions under swampbuster (discussed below), and the effect is to increase the number
of acres that are considered as wetlands. This differential treatment contributes to questions
about federal regulatory consistency on private property.
Agriculture and Wetlands
National surveys almost two decades ago indicated that agricultural activities had been
responsible for about 80% of wetland loss in the preceding decades, making this topic a
focus for policymakers. Congress responded by creating programs in farm legislation
starting in 1985 that use disincentives and incentives to encourage landowners to protect and
restore wetlands. Swampbuster and the Wetlands Reserve are the two largest efforts, but
other programs such as the Conservation Reserve's Farmed Wetlands Option and
Conservation Reserve Enhancement Programs are also being used to protect wetlands.Recent wetland loss surveys conducted by NRCS and by FWS indicate that agriculture is
now responsible for between 25% and 30% of conversions, and that the totalnumber of acres
lost also has plunged.
Swampbuster. Swampbuster, enacted in 1985, uses disincentives rather than
regulations to protect wetlands on agricultural lands. It remains controversial with farmers
concerned about redefining an appropriate federal role in wetland protection on agricultural
lands, and with wetland protection advocates concerned about inadequate enforcement.
Since 1995, the NRCS has made wetland determinations only in response to requests because
of uncertainty over whether changes in regulation or law would modify boundaries that have
already been delineated. NRCS estimates that more than 2.6 million wetland determinations
have been made and that more than 4 million may eventually be required.CRS-9
IB97014
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Zinn, Jeffrey A. & Copeland, Claudia. Wetland Issues, report, October 3, 2003; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metacrs5645/m1/12/: accessed July 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.