t e x a s p a r k s a n d w i l d l i f e assistance guide for landowners Dear Landowner:

In the past decade or so, many landowners have viewed wetlands as a burden, an obstacle, and a problem standing between them and the use or development of their property. Resource agencies seeking to protect wetlands have been seen as adversaries.

The purpose of this Guide is to look at the other side of the coin. For many landowners, protection has meant increased, not decreased, property values. Indeed, growing numbers of landowners now view wetlands as valuable assets to a broad range of land uses. Healthy riparian habitat keeps stream banks from eroding, aids in groundwater recharge, and improves fish and wildlife habitat. Water management and soil conservation practices nourish crops as well as wildlife, and help to keep topsoil from washing away.

In Texas, a wide variety of voluntary approaches are available to assist landowners in protecting wetlands according to their different needs, within the context of broader conservation goals. The array of options includes technical information and advice, financial contributions for projects or practices that provide long-term improvements in wetland values, and payment at fair market rates for permanent protection on wetland areas.

Until this Guide, there was no one place where you, the landowner, could turn for easy-to-read information on wetlands and how you can benefit from them. The JEFF RAASCH Guide provides basic information about each assistance State Wetlands Planner option, along with program contacts for those who desire additional information. We hope that we have ROBERT W. SPAIN simplified the first step that property owners can take Habitat Assessment for help or advice on protecting, enhancing or creating Branch Chief wetlands on their land.

LARRY D. McKINNEY Sincerely, Resource Protection Division Director

ANDREW SANSOM Executive Director CONTENTS

About the Wetlands Assistance Guide Transfer of Development Rights 17 for Landowners 4 Sale Option 18 Summary Table: State Programs Donation of Land 18 Providing Economic and Other Texas Wetlands – A Vanishing Incentives for Wetlands Resource Sources of Assistance Protection 33 What is a Wetland? 4 Programs and Land Characteristics: Texas Wetland Types 5 A Quick Reference Guide 19 Federal Regulations 34 Wetlands Loss 8 Why are Wetlands Important? 8 Non-Regulatory Federal Programs State Regulations 39 Challenge Cost Share 20 Roles of Federal and State Agencies in Conservation Contract 20 Appendices Wetlands 10 Conservation Reserve 20 Appendix I–Programs and Contacts 41 East Texas Wetlands 21 Appendix II–Federal and State Wetlands Conservation Initiatives Environmental Quality Incentives 21 Offices 43 Texas Wetlands Conservation Plan 12 Forestry Incentives 22 Appendix III–Wetlands Education Lone Star Land Steward Awards 12 Forest Stewardship 22 Assistance 45 Land Trusts Offer Long Term North American Wetlands Conservation Land Protection 12 Act of 1989 22 Texas Wetlands Grants Database 13 North American Waterfowl Management Wetlands Project Site Registry 13 Plan Joint Venture Projects 23 Facts and Fiction: Conservation • Gulf Coast 24 ACKNOWLEDGEMENTS Wetlands on Private Lands 13 • Lower Mississippi Valley 24 • Playa Lakes 24 We are grateful to the many The Decision Tree: Choosing the Partners for Fish and Wildlife 25 people who, throughout the Best Option or Options for the Texas Prairie Wetlands Project 25 Landowner 15 Wetlands Reserve 26 course of preparing this guide, Wildlife Habitat Incentives 27 gave generously of their time General Landowner Options and experience in answering Conservation Easements 16 Non-Regulatory State Programs questions, providing Leases 16 Forested Wetlands Incentive 28 Management Agreements 16 Landowner Incentive 28 information and photographs, Mutual Covenants 16 Program 29 and reviewing drafts. Wildlife Management Associations and Private Lands and Habitat 29 Co-operatives 16 Private Lands Initiative 29 For copies of A Wetlands Qualification of Agricultural Land in Wetland Habitat Alliance of Texas 30 Wildlife Management Use 17 Summary Table: Federal Programs Assistance Guide for Restoration 17 Providing Economic and Other Landowners, or more Limited Development Strategies 17 Incentives for Wetlands information about the Texas Remainder Interests 17 Protection 30 Wetlands Conservation Plan, contact the Texas Wetlands Conservation Program, Resource Protection Division, Texas Parks and Wildlife, 4200 Smith School Road, Austin, TX 78744, Phone: (512) 389-4328, FAX: (512) 389-8059. Visit Texas Parks and Wildlife’s Web site for more information on wetlands at: The eastern wild turkey and the American alligator are among the many www.tpwd.state.tx.us animals that depend on Texas’ inland and coastal wetlands for their survival. ©TPW

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 3 About the Wetlands Assistance Drawing from Trees of East Texas by Robert A. Vines Guide for Landowners The State recognizes that private landown- to make informed decisions on how to ers are stewards of a natural resource in manage their wetlands with the aid of which many of the benefits are accrued to financial incentives such as cost-sharing or the public. Ninety-seven percent of Texas’ rental payments. Landowners can locate land is privately owned and managed, and programs best suited to their needs. Other as such, management decisions on these sections of the Guide include a summary lands are made by private landowners. of what wetlands are and why they are Because economics often dictate what important, agency roles and contacts, these management strategies will be, the clarification of existing regulations affect- Wetlands Assistance Guide for Landowners ing wetlands, and various tables for quick was developed as a comprehensive guide reference. to federal, state, and private programs offering technical and/or financial assis- tance to private wetland owners within Bald cypress trees in Caddo Lake. Bald Cypress the State of Texas. The programs are ©TPW Taxodium distichum designed to enhance, create, and conserve (freshwater and wetlands in Texas in exchange for techni- riparian areas in Central cal, financial, and educational assistance to and East Texas) private landowners. Each program descrip- tion contains: (1) a brief summary of the program, its goals, funding, the process necessary to participate, and benefits to the landowner; and (2) eligibility require- ments. Through the information offered in this Guide, Texas landowners will be able

Wetlands are one of Texas’ most Texas Wetlands — valuable natural resources. Bottom- land hardwoods, riparian corridors, coastal wetlands, and playa lakes are A Vanishing Resource vital to maintaining our unequaled fish and wildlife resources. Wetlands What is a Wetland? “including , marsh, , prairie pot- provide flood protection, improve hole, or similar area, having a predomi- water quality and provide the basis To know what to protect, we must first nance of hydric soils that are inundated or for other economic benefits totaling know what a wetland is. Wetlands are saturated by surface or groundwater at a billions of dollars nationwide each among the most important ecosystems on frequency and duration sufficient to sup- year. earth. They not only provide numerous port, and that under normal circumstances Estimates reveal that Texas has products for human use and consumption, do support, the growth and regeneration lost over half of its original wetlands. including fossil fuels and food, but are of hydrophytic vegetation.” Simply stated, Much of this loss has been in response invaluable as the “kidneys of the land- wetlands contain (1) water or saturated to meeting our needs for food, fiber, housing, industrial, and reservoir scape” for their ability to purify polluted soils for at least part of the year, (2) development – all of which are vital to rivers, prevent and minimize flooding, plants that have adapted to life in wet maintaining the economic health of protect shorelines, and replenish ground- environments (hydrophytic vegetation), Texas. If we are to assure that same water sources. Wetlands also provide valu- and (3) special soils that develop under economic vitality and quality of life able habitat to numerous species of depleted oxygen conditions (hydric soils). for future Texans, we must work waterfowl and wildlife. Wetlands can be swamps, bottomland together now to conserve our remain- But what is a wetland? Wetlands are hardwoods, , , springs, ing wetlands, which are an important defined by the State of Texas as areas resacas, playa lakes, and saline (alkaline) natural and economic resource.

4 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S transitional areas often meet the defini- tion of wetlands. Another drop in land- scape position and species diversity is reduced even more. Lower areas that or flood for long durations typically sup- port water tolerant species in monocul- Three parameters are used to tures of overcup oak, red maple, water elm define wetlands: hydrology, soils and vegetation. (planar tree), or bald cypress depending ©Jack Bauer on site conditions. Bottomland hardwood forest ecosystems contain a great variety of trees, shrubs and vines that grow together in different vegetation assem- blages depending on soil type, water depth, velocity, and flood duration in Texas. Bottomland hardwoods support lakes. Wetlands are found along rivers, plants that typically grow in creek and over 180 species of trees. Characteristic streams, lakes and ; in upland river floodplains. Not all bottomland hard- herbaceous species include sedges, arrow- depressions where surface water collects; woods meet the wetland definition, how- heads, smartweed, spider lilies, and blad- and at points of groundwater discharge ever. Ridges, mounds, and terraces within derwort. Common animals found in these such as springs or seeps. They are found the bottomland hardwood ecosystem are forests include waterfowl, eastern wild in both saltwater and freshwater systems, often located at a landscape position too turkey, swamp rabbit, furbearers, and gray on every continent except Antarctica, and high to remain flooded, ponded, or satu- and fox squirrels. in every climate from the tropics to the rated long enough to meet wetland crite- Conversion of floodplain forests to tundra. As their name indicates, they are ria. These areas typically support a very other land uses places bottomland hard- “wet land,” since they are located in the diverse forest with a mix of cherrybark wood forests ecosystems among the most transition zone between upland and open oak, swamp chestnut oak, Shumard oak, severely altered ecosystems in the United water. Both aquatic and upland plant and water oak, sweetgum, sweet pecan, Ameri- States. Loss of these forests has been animal species may therefore depend on can elm, eastern red cedar and loblolly caused by many activities, including water wetlands for their survival. pine. A slight drop in landscape position control structures, agriculture, logging, will result in changes in species diversity, mining, petroleum extraction, develop- Texas Wetland Types as those species intolerant of long-term ment, and pollution. wetness are lost. Typically these areas sup- The Gulf coast contains a diversity What kinds of wetlands do we have in port willow oak, laurel oak, green ash, and of saline, brackish, intermediate and Texas? In this state, the different regional cedar elm. Often the species composition fresh marsh wetlands, including wet climates result in regional differences in is dominated by one or two species. These prairies, forested wetlands, barrier islands, wetland types. While different types of wetlands are found statewide, those described below are some of the more common wetlands in Texas. East Texas is dominated by bottom- land hardwood forest ecosystems. These forests are characterized by broad-leaved (e.g., oak, elm, ash) and needle-leaved (e.g., cypress) deciduous

Conversion of f loodplain forests to other land uses places bottomland hardwood forests among the most severely altered ecosystems in the United States. ©TPW

Pitcher plants in an East Texas bog. ©TPW

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 5 mud flats, estuarine bays, and of H2O. Salt and flood tolerant grasses and rivers. Saline and brackish marshes are herbs are the predominant plant species in most widely distributed south of the saline marshes such as smooth cordgrass, Galveston Bay, while intermediate and blackrush, saline marsh aster, saltwort, fresh marshes are the most extensive glasswort, and sea-lavender. type east of Galveston Bay. The marsh (mesohaline) communities, the most existence and extent of specific plant extensive communities in the Galveston species within these different wetland Bay system, are transitional between types depends on their specific tolerances saline and intermediate marshes and are to salt concentrations and variability in tidal wetlands subject to salinities gener- water depth. Some overlap of species can ally between 5 and 20-25 g/L. Areas are be found within the different wetland vegetated with grasses and herbs capable types on the Gulf Coast. of tolerating variable salinity and flooding Along the Texas coast as you transi- conditions such as marshhay cordgrass, tion from open water to marsh habitat saltgrass, saltmarsh bulrush, marsh hemp several important habitats lie in between. and hairypod cowpea. Seagrass beds are submerged wetlands Intermediate marshes (oligohaline) that are inundated a majority of the time reflect greater plant diversity than the by seawater. These beds are vegetated by a saline or brackish marsh assemblages and number of grass-like plant species, which are tidal wetlands subject to salinities can tolerate short-term aerial exposure but between 0.5 and 5 g/L. Areas are vege- generally prefer prolonged/permanent tated by flood tolerant grass and herb shallow inundation. These areas are species, which are also capable of tolerat- extremely important in the life cycle many ing some variability in salinity. Some of marine species. Tidal/mud flats are unveg- these plants include seashore paspalum, etated mud or sandy sediments, which are marshhay cordgrass, Olney bulrush, alternately flooded and exposed with the Colorado River hemp, common reedgrass, changing tides. In some cases these areas coastal water-hyssop, bearded sprangletop, can become covered in algae and are then and cattail. Fresh marshes support the considered “algal flats.” These areas pro- greatest diversity in plant species of all vide important foraging areas to many marsh types and are tidal or non-tidal species of shorebirds. wetlands subject to salinities of less than Saline marshes are wetlands areas 0.5 g/L. Dominant vegetation include dominated by the influence of full giant cutgrass, American lotus, white strength or near full-strength seawater and water-lily, smartweed, marsh millet, arrow- Drawing courtesy of North Carolina tidal action along the Texas coast. Seawa- head, seedbox, cattail, alligator weed, and Agricultural Research Service ter has a salinity of 36 grams (g) of salt/L many others.

Spiderlily Hymenocallis spp. (organic waters of marshes and muddy stream margins)

The brown pelican and the whooping crane are two federally listed endangered species that benefit from wetlands enhancement programs. ©TPW

Coastal wetlands in Texas provide one of the most important wintering and migration areas in North America for waterfowl using the Central and Mississippi flyways.

6 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S South Texas freshwater or brackish toric prairie wetlands to scrub/shrub wet- geese and other migratory birds. Several wetlands include small, isolated depres- land with little or no understory. threatened and endangered species use sions and resacas (or oxbows), which are Coastal wetlands in Texas provide one wetland habitat in the playa lakes region, relic meanders of the Rio Grande River. of the most important wintering and including the bald eagle. Many neotropical Coastal depressions were formed when migration areas in North America for migrant birds use playas as well, including clay soils exposed by wind action trap and waterfowl using the Central and Missis- the long-billed curlew, American avocet, hold water, often supply the only fresh sippi flyways. The bald eagle, peregrine killdeer, Mississippi kite, mountain plover, water for resident wildlife in an area gen- falcon, brown pelican, and whooping crane lark bunting, and American kestrel. erally devoid of creeks and rivers. Inter- all depend on the marshes and Because playa lakes are fed by rainwater, dunal swales are depressional wetlands for food, as do otter, alligator and swamp many may be dry for extended periods of located in between beach dunes along the rabbit. time. The 86 plant species living in playas coastline. Areas can range in salinity from Coastal development poses a severe have adapted to this unpredictable, rapidly fresh to saline depending on time of year, threat to coastal wetlands through conver- changing environment. The most common proximity to the coastline, storm events, sion to other habitats, saltwater intrusion, plants found in the playa lakes include etc. Vegetation is usually dominated by subsidence, groundwater withdrawal, ero- spikerush, curly dock, bulrush, cattail, pink brackish to fresh grasses and other herba- sion, sedimentation, decreased water qual- and willow smartweed, pondweed, wol- ceous species. swamps are saline ity and impacts to wildlife and waterfowl. lyleaf bursage, and barnyard grass. Woody wetlands located in far south Texas that The High Plains and Rolling species in riparian habitats include Plains are dominated by salt and tidally adapted Plains of the Panhandle support wet- cottonwood, buttonbush, net-leaf hack- tree species (). These wetlands lands predominantly in playa lakes and berry, native plum, western dogwood, and replace salt marshes as the dominant saline lakes (High Plains), and in persimmon. coastal wetland type in tidal saline envi- water-table influenced basins and ripar- Few playa lakes have escaped alter- ronments as climates transition from tem- ian habitats (Rolling Plains). Playas are ation by humans. Many have been altered perate to sub-tropical and tropical latitudes ephemeral wetlands characterized by Ran- for irrigation, grazing, and cropping pur- (i.e., as you move toward the equator). dall or Ness clay soils, and are very simi- poses. Many other playas provide impor- In far southeast Texas, large clay flats lar to potholes, but have a different tant wetland habitat for Panhandle wildlife meet the wetland definition due to very geologic origin. Saline lakes are generally including pheasants, shorebirds, sandhill high rainfall averages (50-55 inches/year), larger than playas, are very saline, and are cranes and waterfowl. flat topography, and clayey soils. These influenced by groundwater. A few playas wet prairie wetland systems are seldom and playa-like basins with connec- ponded but for a few days and remain sat- tions to groundwater occur in the urated throughout much of the late winter Rolling Plains. Riparian wetlands The Playa Lakes Region and early spring. Many of these areas are include main channels of creeks and used for rice production and are valuable rivers and associated , waterfowl habitat. When not farmed these bog and beaver pond habitats. Colorado areas support herbaceous wetland plants The playa lakes region of the Kansas such as flatsedge, annual sumpweed, United States includes portions of smartweed, switchgrass, broomsedge Colorado, Kansas, New Mexico, bluestem, and rattlebox. If not controlled, Oklahoma, and northwestern Texas. the highly invasive exotic tree, Chinese Texas alone has over 19,000 playas. Oklahoma tallow, will completely dominate many of Playas are the wintering and breed- New these areas, converting these valuable his- ing area for several million ducks, Mexico

Most playa lakes, found in Texas the High Plains of the Panhandle, have been altered by mankind. ©TPW

Many playas provide important wetland habitat for Panhandle wildlife including pheasants, shorebirds, sandhill cranes, and waterfowl.

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 7 Wetlands Loss 1985, Clean Water Act Section 404 imple- legislation such as the Clean Water Act. mentation, and a decline in converting Some values provided by wetlands include: Historically, wetlands were not widely rec- wetlands due to the tax reform of 1986. •flood control ognized as valuable or appreciated. In fact, Texas, has lost significant quantities •erosion control wetlands were often regarded as “waste- of wetlands, having experienced an esti- •removal of sediment and toxicants lands” and breeding grounds for insects, mated fifty-four percent loss in the past •removal or transformation of pests and disease, and were considered 200 years. While wetland losses have nutrients impediments to development and progress. resulted from a number of actions, the •groundwater recharge or discharge As a result of this reputation, wetlands principal ones are: filling, draining, exca- •fish and wildlife habitat were readily converted to other land uses. vating, diverting, clearing, flooding, shad- •natural area buffers According to a 1997 survey performed ing, adverse impacts from adjacent land •outdoor recreation/education by the U.S. Fish and Wildlife Service, uses, grazing, farming, and others. •commercial uses (e.g., shellfishing or approximately 392 million acres of wet- timber). lands existed in 1780 in lands that now Why are Wetlands Not all wetlands provide all functions form the United States. Of that, 221 mil- and values, and each wetland is unique. lion acres were found in the lower 48 Important? Several of these values are particularly states. Since that time, humankind has Wetlands provide a variety of ecological important in Texas. caused a significant reduction in wetlands. functions both to the natural ecosystem Currently, the lower 48 states support only and to humans that are now widely recog- Flood Control an estimated 100.9 million acres, or 46% nized as beneficial. Functions that are use- Rivers, streams and other wetlands form of the original wetland acreage. It appears, ful to humankind are called “values.” natural floodplain systems that play an though, that wetlands losses have slowed These values are typically regulated under invaluable role in offsetting flood damage to a rate 60% below that experienced in the 1970s and 1980s. Net losses from 1985-1995 totaled 117,000 acres per year, much of which occurred in highly produc- tive freshwater forested wetlands. Much of those losses can be attributed to continued construction of reservoirs in eastern Texas as many acres of bottomland hardwood forests have been covered by water. Factors contributing to this decline in the loss rate include increased public awareness and support for conservation, expansion of public and private-sector restoration programs, enactment of Swamp- buster measures in the Farm Bill since

Urbanization is a major cause of wetlands loss in the United States. ©TPW

Wetlands vegetation is important to prevent erosion problems. ©Texas Dept. of Agriculture

8 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S by regulating and maintaining the hydrol- flowing from uplands into water bodies include supplying important nursery and ogy in rivers and streams during flood often passes through wetlands, which spawning habitat for 60-90% of the com- events. The dense wetland vegetation maintain and improve water quality by fil- mercial fish species. reduces the velocity of floodwaters that tering out nutrients and sediments before travel through the system, which allows they reach the river or stream. Wetlands Recreation water to percolate into and be stored in lessen the effects of nonpoint source Many recreational activities take place in the underlying soils. Over time, the flood- runoff into water bodies by reducing flow and around wetlands. Popular recreational waters are slowly released back into the velocities and by acting as a sediment, activities include hiking, waterfowl hunt- river or stream, the atmosphere and the nutrient and heavy metal trap. One study ing, fishing, nature observation and canoe- groundwater. By reducing the rate and found that nitrogen and phosphorus reten- ing. Wetlands provide a multi-billion amount of storm water entering the river tion in riparian forests were 89% and dollar fishing, hunting, and outdoor recre- or stream, wetlands lessen the destructive- 80%, respectively, compared to 8% and ation industry nationwide. ness of the flood. In Wisconsin, a study 40% in cropland. Additionally, forested demonstrated that a watershed composed areas adjacent to rivers lower the water The Difference between of at least 30% wetlands could reduce temperature in hot summer months, which Wetlands Creation, Enhancement, floodwater levels by 60-80% compared to reduces undesirable algal blooms that and Restoration watersheds containing no wetlands. decrease water quality and can kill aquatic • Wetland restoration is defined as the organisms. In estuaries, sediment can rehabilitation of a degraded wetland or Erosion Control harm filter feeders such as oysters and area that was previously a Erosion of soils can be caused by increases also impedes sight-dependent feeders such naturally functioning wetland. in water velocities from upstream con- as trout. • Wetland enhancement is defined as struction sites, unvegetated ground or improvement, maintenance, and man- agricultural fields. Wetland vegetation pro- Wildlife Habitat agement of existing wetlands for a par- vides an important buffer to adjacent Wetlands provide essential nesting, migra- ticular function or value, possibly at the waterbodies by filtering and holding sedi- tory and wintering areas for more than expense of others. ments that would otherwise enter lakes 50% of the country’s migratory bird • Wetland creation is defined as the con- and streams and eventually fill them. species. Texas is one of the most impor- version of a non-wetland area into a tant waterfowl wintering areas in the wetland where a wetland never existed. Reduction of Water Pollution Central Flyway, and provides habitat for • Constructed wetlands are specifically Wetlands absorb and filter a variety of 3-5 million birds each year. Wetlands pro- designed to treat both non-point and sediments, nutrients and other natural and vide habitat for one-third of the federally point sources of water pollution. manmade pollutants that would otherwise listed endangered and threatened plant degrade rivers, streams, and lakes. Water and animal species. Additional benefits

Private landowners have protected thousands of wetlands for recreation, including hunting and fishing. ©TPW

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 9 Roles of Federal and State Agencies in Wetlands

Many government agencies within Texas in habitat management to landowners; and are involved in varying aspects of wetland (2) foster the development of responsible, management, regulation, and technical and productive and self-motivated youth and financial assistance. Appendix II lists adults. TAEX provides wetlands informa- agency addresses and phone numbers if tion to landowners and has organized sev- you would like additional information. eral educational programs for children.

Texas Agricultural Extension Service Texas Forest Service (TFS) is involved (TAEX), a part of the Texas A&M Univer- in wetlands primarily in an advisory sity System, educates Texans in the areas capacity to private landowners. The TFS Drawing courtesy of North Carolina of agriculture, environmental stewardship, provides management assistance to owners Agricultural Research Service youth, and adult life skills, human capital of forest lands, many of which are in wet- and leadership, and community economic land areas. Present policies accept or development. Two of the four strategic encourage timber harvest in wetlands. goals of the Extension Service relate to the environment: (1) educate citizens to Texas General Land Office (GLO) is the improve their stewardship of the environ- state agency responsible for the manage- ment and Texas natural resources through ment of state-owned public lands not Smartweed its network of educators in county offices. specifically purchased by or deeded to Polygonum spp. other agencies. These lands include coastal (found in freshwater, In addition to other responsibilities, fruits provide excellent county agents provide technical assistance wetlands inland to the line of mean high waterfowl forage) tide and up rivers to the limit of tidal influence. The GLO is a proprietary and not a regulatory state agency. Users of state-owned lands obtain leases or ease- ments and pay a fee for mineral extraction, occupancy, or encumbrance of public lands. The GLO is also the state’s lead agency for coordinating the Coastal Management Plan designed to preserve public beach access, Cypress swamp in East Texas. protect coastal wetlands and other coastal ©TPW natural resources, and respond to beach erosion along the Texas coast.

Texas Natural Resources Conservation Commission (TNRCC) implements many sections of the Texas Water Code and the federal Clean Water Act and Safe Drinking Water Act. The TNRCC develops water quality requirements designed to protect attainable uses and to maintain the qual- ity of waters in the state. These standards are the basis for permits issued by the TNRCC authorizing discharges into or next to waters in the state. TNRCC also reviews Texas Hill Country stream. ©Jack Bauer applications for Clean Water Act Section 404 permits, which require a state water quality certification under Section 401 of the Clean Water Act. TNRCC administers wastewater and water rights permit and enforcement programs.

10 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S Texas Parks and Wildlife (TPW) has the next fifty years. In response to increas- and songbirds, and federally listed threat- primary responsibility for protecting the ing competition for water, escalating infra- ened and endangered species. Among other state’s fish and wildlife resources. TPW structure costs and statewide drought roles, the Fish and Wildlife Service admin- acquires, manages, and protects wildlife conditions, the 75th Texas Legislature isters the federal Endangered Species Act and its habitat, and acquires and manages passed Senate Bill 1, the Brown-Lewis and establishes and maintains a system of park lands and historic areas. Water Plan. Senate Bill 1 directs 16 over 500 National Wildlife Refuges nation- TPW has numerous programs to Regional Water Planning Groups (RWPGs) wide. The USFWS also manages the taking protect or manage wetlands. The agency to plan for a region’s 30 and 50 year of migratory waterfowl and conducts coordinated development of the Texas Wet- water needs by identifying the most cost research and monitoring programs to lands Conservation Plan. In addition, the effective and environmentally sound water inventory and record changes in popula- state park system, which provides attrac- management strategies. The TWDB will tions of fish and wildlife and in habitats. tive and educational areas for public recre- develop a statewide water plan using the ation, also features many aquatic and regional plans. USDA Farm Service Agency (FSA) is a wetland habitats. Master plans are pre- branch of the U.S. Department of Agricul- pared for each park prior to development United States Army Corps of Engineers ture formed to administer commodity to ensure that important natural areas (Corps) provides design and engineering price and income support programs, farm such as wetlands are protected. services and construction support for a operating loans, the federal crop insurance TPW has acquired lands in virtually variety of military and civilian projects program and conservation cost-share pro- every part of the state for the conserva- worldwide. One civil duty includes protect- grams. The agency was formed from all or tion, management, and study of wildlife ing the integrity of the navigable waters of part of three other agencies – the ASCS, species. Wildlife management areas typi- the United States, wetland resources, and the Farmers Home Administration, and the cally include wetlands and open water for the nation’s water resources. These respon- Federal Crop Insurance Corporation. use by resident and migratory wildlife. sibilities are carried out through the Wildlife management areas specifically issuance or denial of Clean Water Act Sec- USDA Natural Resources Conservation managed for waterfowl have been pur- tion 404 and other permits authorizing Service (NRCS) provides technical and chased with federal funding and by funds certain activities in wetlands and other financial assistance to landowners in devel- generated by the state waterfowl stamp waters of the United States. The Corps’ opment and implementation of resource required of all waterfowl hunters. In addi- duties also include maintaining navigation management systems that conserve soil, tion, TPW conducts research to help deter- and shipping channels, providing emer- air, water, plant and animal resources. This mine management practices for waters and gency response to natural disasters, regu- agency employs soil scientists, plant scien- wetlands necessary to promote and sustain lating discharges of dredged or fill tists and engineers that can provide assis- fisheries. material, operating and maintaining flood tance in identifying, restoring, enhancing control reservoirs, and regulating activities and creating wetlands. The NRCS is the Texas Soil and Water Conservation in wetlands. lead agency for identifying and delineating Board (TSWCB), working in conjunction wetlands on both grazing and agricultural with Texas’ 216 soil and water conserva- United States Environmental Protection lands in the U.S. tion districts, encourages the wise and pro- Agency (EPA) is responsible for imple- ductive use of the state’s soil and water menting federal laws designed to protect resources through technical assistance pro- the nation’s natural resources. This is grams and conservation activities. The done primarily through regulation, but Drawing from Trees of East Texas State Board is the lead agency responsible EPA has also developed a wide variety by Robert A. Vines for planning and management of nonpoint of funding, planning, and education source pollution control relating to agricul- programs. EPA has the authority to ture and silviculture. Field staff located regulate wetlands under Section 404 through the state consult with local soil of the Clean Water Act. The EPA offers and water districts and landowners to a Wetlands Protection Hotline that ensure that appropriate land and water responds to questions and provides mate- conservation methods are applied. rials on a variety of wetlands topics. The Hotline can be reached Monday through Texas Water Development Board Friday from 9:00 am to 5:30 pm EST, at (TWDB) administers state and federal (800) 832-7828. financing programs for water-related proj- ects, and forecasts and plans for long-term United States Fish and Wildlife Service water needs with associated data collect- (USFWS) is the principal federal agency ing and resource studies. The Board pre- responsible for conserving, protecting and Overcup Oak Quercus lyrata pares the State Water Plan, which outlines enhancing certain fish and wildlife and (found on wet, poorly current and future needs for water and their habitats, in particular migratory drained clay soils along wastewater treatment projects in Texas for species, including waterfowl, shorebirds rivers in East Texas)

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 11 and wildlife conservation on their lands. • Publicize the best examples of sound natural resource manage- ment practices. Private landowners play a • Encourage the education and partic- critical role in conserving wildlife habitat in Texas. ipation of youth in promoting ©Texas Dept. of Agriculture responsible habitat management and improved ecosystem health. • Promote long-term conservation of unique natural and cultural resources. • Promote ecosystem awareness and acknowledge the best conservation practices in the state’s 10 ecosystems. Initiatives in Texas • Improve relationships between pri- vate landowners and Texas’ natural The Texas Wetlands and education on private lands, including resource agencies; and to the Wetlands Project Site Registry, the • Illustrate the important role of Conservation Plan Forested Wetlands Incentive Program, and Texas’ private landowners in the This Assistance Guide is one component of a variety of technical publications. If you future of our natural resources. the Texas Wetlands Conservation Plan would like more information about the Winners are honored at a special (SWCP). Texas Parks and Wildlife, in a Plan or would like to receive the newslet- reception hosted by the Texas Parks and statewide cooperative effort, completed ter feel free to contact Jeff Raasch, State Wildlife Commission and the Private Lands the Texas Wetlands Conservation Plan in Wetlands Planner, Texas Parks and Advisory Board each spring. One 1997. The Plan focuses on non-regulatory, Wildlife, 4200 Smith School Rd., Austin, landowner will be honored as the voluntary approaches to conserving Texas’ TX 78744, (512) 389-4328 or statewide Lone Star Land Steward. wetlands. Its contributions to wetlands [email protected]. Landowners may apply or be nomi- conservation include: nated by any individual or organization. • Enhancing landowner’s access to Lone Star Land Ranchers, farmers, foresters, and other land new and existing incentive pro- managers and cooperatives may participate. grams and other land use options Steward Awards Applications for nominations are through outreach and assistance; Since 1995, Texas Parks and Wildlife has available at TPW, Private Lands and Habi- • Developing and encouraging land recognized and honored private landown- tat Program, 4200 Smith School Road, management options that provide ers for their accomplishments in habitat Austin, Texas 78744, or call an economic incentive for conserv- management and wildlife conservation 1-800-792-1112 or (512) 389-4407. ing existing wetlands or restoring through the Lone Star Land Steward former ones; and, Awards. The program, now in its fourth Land Trusts Offer Long • Coordinating regional wetlands con- year, recognizes landowners in all habitat servation efforts. types within the 10 ecological areas of Term Land Protection Over the course of a year (1995- Texas, from timberlands to native prairies A land trust is a local, regional or national 1996), three Regional Advisory Groups and from marshes to mountain ranges. nonprofit organization that protects land (East Texas, the coast and the Panhandle) One landowner is recognized from each of for its natural, recreational, scenic or pro- periodically met to identify regional and the ten ecological regions. In addition, a ductive value. Land trusts have varying statewide issues associated with conserv- wildlife management association, and a conservation objectives; some work in spe- ing Texas wetlands. Through these meet- corporation or foundation are recognized cific geographic areas or concentrate on , landowners and representatives from in two special categories. protecting different natural or cultural fea- agriculture, industry, business, conserva- Landowner participation in existing tures. Generally, land trusts manage pur- tion, and government developed recom- incentives programs (e.g. Private Lands Ini- chased or donated land and easements for mendations and proposals for action to tiative, Wetland Reserve Program) is one conservation purposes. Currently, more address the identified wetland issues. positive way of demonstrating commit- than 34 land trust organizations operate These results form the core of the Texas ment to wildlife conservation. Most of the in Texas. For information on Texas’ land Wetlands Conservation Plan. The Texas goals of the incentive programs are consis- trusts, please contact Carolyn Scheffer, Parks and Wildlife Commission approved a tent with those set forth in the Lone Star Texas Parks and Wildlife, (512) 389-4779 resolution on April 17, 1997 supporting Land Steward Awards Program. or [email protected]. the Texas Wetlands Conservation Plan and The objectives of the Lone Star Land the Governor signed it in July 1997. Steward Awards Program are to: Numerous implementation efforts are • Recognize private landowners for underway related to wetlands conservation excellence in habitat management

12 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S The Texas Wetlands The Registry has been active on Texas The elimination of disincentives to Parks and Wildlife’s Internet site since wetland conservation would encourage Grants Database August, 1998. Currently, the Registry lists landowners to consider initiating conserva- The Wetlands Grants Database is a search- over 41,000 acres of wetlands and wetland tion activities on their property. While able compilation of more than 165 federal, associated uplands available for conserva- some disincentives do exist that may limit state and private assistance programs tion on the properties of over 100 private certain activities in wetlands, many are available to Texans to fund wetland landowners throughout the state. A data- misperceptions; in other words, they are restoration, research, program develop- base of over sixty wetland projects avail- simply untrue or have limited application. ment and education. The Texas Wetlands able on public lands was added in 1999. As a general rule, incentive programs do Grants database is intended to assist citi- Public lands project descriptions not prohibit common land use practices zens in initiating a search for wetlands include contact information and a map of (e.g., grazing, hunting); however, those project funding. Both specific grant pro- the project area; however, because of legal activities may be managed to prevent grams and other database connections obligations to maintain the confidentiality adverse impacts to the wetland project. have been provided to assist funding seek- of private landowners, the specific details Most economic incentives to landown- ers in expanding their search on their of private lands sites are released only ers are offered through specific wetlands own. This database will be available on with the permission of the landowner. programs. Because wetlands incentive pro- TPW’s Web site by the Fall of 2000. Keep Once contact between these two parties grams are voluntary, landowners assist in an eye out for it at www.tpwd.state.tx.us. has been established, the process of devel- determining the terms of their own con- If you have questions please contact Jeff oping a mitigation plan will continue as it servation agreement. Each program offers Raasch at [email protected]. does currently. Landowners who agree to different incentives; therefore, landowners have mitigation sites on their property should select a program that best suits Wetlands Project retain ownership, the right to restrict their individual needs and interests. Site Registry access, and may arrange mutually-benefi- cial financial agreements with a developer; Some of the most common perceived disin- Although many incentive programs are however, landowners must be aware that centives to wetland conservation include: currently available, the Texas Wetlands certain restrictions on land use may apply Conservation Plan indicated the need for based upon the terms negotiated in a per- PERCEPTION 1: “Creating, restoring or additional non-regulatory conservation manent easement. enhancing wetlands subjects landowners programs geared toward private landown- The Registry is available on-line to wetlands regulations.” ers. As a result, the Wetlands Project Site through Texas Parks and Wildlife’s home- Registry was developed, which joins inter- page at www.tpwd.state.tx.us. If you have FACT: Several scenarios exist for ested landowners with those who are questions about the Registry, please contact landowners that have created, required to mitigate for wetlands lost dur- Jennifer Key at [email protected] restored or enhanced wetlands: ing the process of development. The Reg- or (512) 389-8521. 1) Created, restored or enhanced istry is intended to help those Texas wetlands that are maintained as part landowners already interested in wetlands Facts and Fiction: of an ongoing agricultural operation restoration achieve their goals while are exempt from Clean Water Act greatly increasing the quantity and diver- Wetlands Conservation regulations. sity of landscapes from which the best mit- on Private Lands 2) Agricultural fields flooded during igation sites may be selected. the winter for waterfowl will not be The Wetlands Project Site Registry is a Throughout Texas, many landowners are interested in habitat conservation on their impacted by Clean Water Act regula- voluntary, non-regulatory alternative for tions unless discharges of dredged or public and private landowners desiring property. However, two common concerns prevent them from restoring or enhancing fill material occur. wetlands conservation on their property. 3) Landowners who enhance, restore Like “want ads,” the Registry functions to habitat: fear of any ensuing regulations and a lack of funds to defray restoration or create non-tidal wetlands but who link those who need or want to restore think they may later want to return wetlands with interested property owners. costs. The Regional Advisory Groups agreed that obstacles to wetlands conserva- them to their condition prior to the The Registry consists of an Internet acces- conservation activity can, with some sible database of public and private sites tion on private lands could best be over- come by offering landowners incentives to advanced planning, be authorized to that are available for wetlands restoration do so under Clean Water Act Nation- throughout Texas. Landowners can use the conserve their wetlands. Incentives, rather than regulations, foster pride and land wide Permit 27. This permit author- Registry to describe their property, indi- izes reversion of restored, enhanced cate their interest in wetlands restoration stewardship since landowners are inte- grally involved in decision-making and or created non-tidal wetlands and and their personal conservation goals, riparian areas back to their prior con- while agencies searching for wetlands to planning throughout the duration of the project. dition if certain conditions are met. restore can access the database to identify Interested landowners should contact potential properties that meet their needs. the U.S. Army Corps of Engineers for details.

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 13 PERCEPTION 2: “Having or managing PERCEPTION 3: “Hunting is not allowed PERCEPTION 6: “Timber harvest is not habitat that encourages endangered under wetland agreements.” allowed.” species eliminates future land use options.” FACT: Habitat incentive programs FACT: Limited timber removal is per- generally do not restrict hunting by mitted in most situations when it FACT: Landowners are responsible for owners or lessees. Hunting is nor- does not adversely impact the restora- existing endangered species habitat mally limited only by federal and tion project. The request must be already present on their property. state regulations. made in advance and written into the However, landowners can avoid liabil- easement. ity for endangered species or even PERCEPTION 4: “Pest treatment on species under consideration for listing crops is regulated under wetland PERCEPTION 7: “My land will become (i.e., a candidate species), that may be agreements.” open to the public.” attracted to any new habitat by enter- ing into a “Safe Harbor” agreement. FACT: Pesticide or herbicide treatment FACT: Public access is not a condition Under this initiative, a landowner of adjacent cropland is generally not of wetland agreements. The incentive who intends to manage habitat in a regulated by wetland agreements. program contact may check on the way that attracts or benefits a listed project’s success throughout the con- species may enter into a cooperative PERCEPTION 5: “Grazing, haying or tract period, but will notify the agreement with the U.S. Fish and mowing is not allowed.” landowner in advance. Wildlife Service or a state agency that protects the landowner from any addi- FACT: Managed grazing, haying or tional responsibility under the Endan- mowing is permitted in most situa- gered Species Act, beyond those that tions when it does not adversely existed at the time a landowner impact the restoration project. The enters into the agreement. While request must be made in advance and landowners are required to protect written into the easement. the habitat of any species present at the time the agreement was signed (their baseline responsibilities), they are under no obligation to protect additional suitable habitat which may have developed or any additional individuals or species that may have been attracted by the habitat improve- ments. Landowners not participating in a Safe Harbor or Candidate Conser- vation Agreement will be responsible for any new individuals residing on the property.

Great Blue Heron ©TPW

14 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S The Decision Tree – Choosing the Best Option or Options for the Landowner

The future of our wetlands is closely With a firm understanding of the linked to land-use decisions made by the landowner’s objectives, property, and stewards of the wetlands resource. Approx- potential problems and opportunities, it is imately 97% of Texas’ lands are privately possible to proceed towards choosing the Drawing courtesy owned. Therefore, the role of the private option or options best suited for the of North Carolina Agricultural landowner in wetlands conservation is cru- landowner. A simple, frequently used Research Service cial. As understanding and appreciation for approach for choosing the best options for wetlands increases, there has been a grow- a landowner is found in the decision tree. ing number of voluntary programs to help The foremost questions to ask in choosing landowners act as stewards of their land the best options are (1) does the by conserving and restoring wetlands. To landowner want to do something with the help landowners become more effective wetlands on his/her land, (2) does the stewards, they should be provided with a landowner wish to retain ownership of the broad array of voluntary conservation and land, and (3) does the landowner wish to Arrowhead management options from which to choose manage the property exclusively? Sagittaria spp. (found in freshwater a stewardship strategy. marshes and streams)

Does the landowner wish to continue owning the wetlands?

Yes No

Does the landowner wish to manage Does the landowner wish the property exclusively? compensation for selling property?

Yes No Yes No

Management agreement Conservation easement Sale: Donation: Technical assistance Lease · Full market value · Outright donation Limited development Mutual covenant · Bargain sale · Donation by demise Strategies Limited development · Installment sale · Donation with reserved strategies · Right of first refusal life estate Transfer of development rights

Does the landowner want the Does the landowner wish to voluntarily property to be permanently restrict future use of the property protected? when the title is transferred?

*Yes No Yes No

Conservation easement Management agreement Conservation easement Normal transfer of title Remainder interest Technical assistance (prior to transfer) Limited development Lease strategies

* If landowners wish to guide future use of the property through transfer of the property, they should consider donating a conservation easement for the property to another organization before transferring the property in fee through a normal transfer (i.e., sale or dona- tion). If landowners do not wish to restrict future use of the property, they can transfer the property through a normal transfer.

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 15 General Landowner Options

The following options are available if the landowner wishes to retain ownership and guide future use of the property.

Conservation Easements the conservation agency on the land, Advantages A perpetual legal agreement between a pri- including provisions to terminate the • Mutual covenants are permanent and vate property owner and a qualified con- lease if the conservation agency does can be enforced by any of the landown- servation organization to voluntarily place not use the property as directed; and ers of the involved properties; restrictions on the type and amount of • The impact of the lease on the value of • There is significant incentive to comply development that may take place on a the land may be taken into account with the restrictions knowing the piece of property and to protect significant when estate taxes are calculated. landowner’s neighbors are aware of natural features including wildlife or what can and cannot be done on their wildlife habitat, cultural or productive fea- Disadvantages property; and tures of the land. For more information on • Unless restrictions are made by the • Mutual covenants can reduce property easements, please contact Carolyn Scheffer, landowner, leases generally allow unre- taxes. TPW, at (512) 389-4779. stricted and exclusive control of the land by the agency leasing the property; and Disadvantages Advantages • Not perpetual. • The loss in market value from mutual • Easements provide federal income, covenants cannot be claimed as a chari- estate, and gift tax benefits if easement Management Agreements table deduction income tax returns. is donated or conveyed at less than fair An agreement between the landowner and market value; a conservation agency whereby either the Wildlife Management • Allows the property owner to retain landowner or conservation agency agrees Associations and ownership of the wetland while poten- to manage his/her property in a certain tially receiving income, estate, and prop- manner consistent with the goals of the Co-operatives erty tax reductions; conservation agency and the landowner. Wildlife Management Associations and • Easement restrictions are flexible within Co-operatives are groups formed by certain guidelines and can be adapted Advantages landowners to improve wildlife habitats to fit the needs of the landowner; • Direct payments and other types of and associated wildlife populations. Nearly and cost-share assistance may be available to 100 associations and co-ops operate in • Easements may provide permanent the landowner; Texas and the number grows each year. protection for the wetland. • Management of a property involves cre- ating a landowner management plan Advantages Disadvantages based on one’s needs; • Landowner gains personal knowledge • Usually involves giving up some rights • The organization that helps develop the through educational programs and relating to the use of property; and plan often provides management assis- materials; • The landowner is responsible for main- tance and monitors compliance; and • Landowners become better land stew- tenance and other costs of the land. • Ordinarily it is easier to terminate a ards, which improves the quantity and lease and does not involve exclusive quality of wildlife; Leases possession of property. • Landowners get to know the neighbors; • Decreased poaching; Agreements for the rental of land by a Disadvantages • Enhanced habitat diversity and reduced landowner to a conservation organization fragmentation. or agency for a specified period of time. • Management agreements are not permanent. Potential pitfalls of ineffective Advantages Mutual Covenants Co-ops or reasons to join a Co-op • The landowner receives periodic • Inadequate wildlife census and harvest payments for the leased property; Mutual covenants involve agreements information available; • Leases provide an alternative if landown- between nearby or adjacent landowners to • Lack of consensus among members ers do not wish to transfer their land to control the future use of their land about goals and objectives; a conservation agency or organization through restrictions agreed upon by all • Lack of enthusiasm, interest or partici- but want to see it used or protected by participating landowners. pation due to skepticism; and such a group for a period of years; • Lack of attention to habitat. • Certain restrictions can be incorporated into the lease to guide the activities of

16 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S Qualification of Limited Development that degrade natural resource values) while providing for permanent protec- Agricultural Land in Strategies tion in the future. Wildlife Management Use Involves the sensitive development of the • Donation for conservation purposes In 1995, Texas voters approved Proposi- least environmentally significant portions qualifies landowner for a tax deduction, tion 11, amending the Texas Constitution of the property in order to finance conser- discounted in proportion to the antici- to permit wildlife management as a valid vation of the remaining property and meet pated length of time before the grantee agricultural practice on land which already landowner economic needs and goals. takes over the interest. has an agricultural property tax valuation. • Whether sold or donated, dedication of HB 1358 implemented the amendment by Advantages remainder interest lessens the burden of designating certain wildlife management • Limited development strategies may estate taxes. practices to comply with the law. General allow enough funds to be raised to pro- guidelines for “active wildlife manage- tect the remaining significant environ- Disadvantages ment” are available from TPW. In addition, mental areas, especially where land • May restrict uses that degrade natural regional guidelines for development of values are high; resource values. management plans are available from • A combination of limited development Texas Parks and Wildlife. Many of the strategies combined with conservation Transfer of Development techniques may achieve the landowner’s guidelines are (or soon will be) available Rights (TDRs) on the TPW Internet Conservation Page. financial needs; and For more information, visit the TPW Web • Tax advantages may be realized from A method of relocating potential develop- site at http://www.tpwd.state.tx.us. recording an easement over the undevel- ment from an area where the local govern- oped part of the land. ment wishes to limit development to an Advantages area where it is willing to see increased • Lands can be managed for wildlife while Disadvantages development; local government enacts TDR maintaining current agricultural valua- • Limiting development of the land entails structure through local zoning or other tion status. foregoing some of its potential prof- land use ordinance or regulation; the itability; and landowner is allowed to sell development Disadvantages • It may be difficult to determine which “credits” to a purchaser in an area where • Only lands having an existing areas of the property are the least envi- the local government is prepared to allow agricultural valuation can qualify. ronmentally significant. development at increased densities. • Timber lands having an agricultural valuation for timber production cur- Remainder Interests Advantages rently do not qualify for conversion to Dedication of a remainder interest trans- • The transfer protects wetlands and other wildlife management. fers full or partial interest in a property to ecologically significant features of the an appropriate grantee, such as a nonprofit land without curtailing development in For more information, call your county conservation organization, after the death the area; tax appraiser. of the landowner and of any subsequent • TDRs allow land to remain in the title holders whom the landowner names. private sector while avoiding undesir- Restoration able development; Advantages • TDRs do not require the expenditure of Involves the active rehabilitation of a public funds for acquisition, but have degraded wetland to recover its natural • Landowners enjoy all rights to the prop- erty during their lifetime (except uses the same effect; and attributes, functions, and values. • TDRs may result in a reduced property tax assessment of the “donor” land after Advantages transfer of the development credit. • Technical and financial assistance is available for restoration projects; and Disadvantages • Landowner can realize economic gains • Use is limited to states and counties from the recreational and commodity with enabling legislation; benefits of (restored) wetlands. • Complicated standards for the alloca- tion, purchase, and sale of development Disadvantages rights must be established to provide a • Can be expensive; and legally defensible system; • Restoration success varies with the • Planning and administrative costs are extent of hydrologic damage. high; and • It is difficult to accurately apportion Drawing White Water-lily courtesy of development credits among landowners. North Carolina Nymphaea odorata Agricultural (freshwater ponds, lakes, Research Service quiet streams) W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 17 The following options are available if the landowner wishes to transfer the title with compensation.

Sale Option years. Installment payments may be chase money with which to pay the tax There are four sales options that can be used in all sale options. is actually in hand; and applied to wetlands: 4. Right of first refusal — binds a • Right of first refusal gives a conservation 1. Sale at fair market value — the landowner to giving a conservation organization extra time to acquire the landowner receives full market value agency the option to match the pur- funds necessary for purchasing the land. for the land. chase offer and acquire the land if the 2. Bargain sale — the landowner agrees owner is approached by another buyer. Disadvantages to sell the land to a conservation • Most conservation groups have limited organization at a price below full mar- Advantages budgets and cannot afford the full mar- ket value. The difference between the • Sale at full market value allows the ket value for wetlands; full market price and the selling price landowner to receive full value for land; • If the land value has appreciated since it becomes a donation. • Bargain sale may make the landowner was bought, the landowner will be liable 3. Installment sale — outright sale of a eligible for charitable tax deduction and for income tax on the capital gain; and piece of property by a landowner reduces the capital gains tax; • Government agencies may have the where all or part of the consideration • Installment sale defers actual payment funds but they apply selective criteria to is deferred and paid in successive of tax on the capital gain until the pur- their purchases.

The following options are available if the landowner wishes to transfer the title without compensation.

Donation of land • Donation by deathtime transfer allows • Maintenance and other associated costs There are three types of land donations: the landowner to retain full use and taken on by the organization or agency 1. Outright donation — Grants full title control over his or her land while alive receiving the property may be more and ownership to the conservation and to ensure the land’s protection after costly than easements to the agency or organization, community, or govern- the owner is deceased; group; ment agency receiving the donated • Donation by deathtime transfer reduces • There is no income tax deduction for a property. estate taxes and may benefit heirs with donation by deathtime transfer; 2. Donation by death time transfer — reduced inheritance taxes; • The landowner is responsible for prop- Donation of land through a will. • Donation with reserved life estate erty taxes for as long as he or she 3. Donation with reserved life estate — allows the landowner to continue to live remains in possession of the land; Donation of land with retention of on and use the property during his/her • Tax relief from a donation with reserved rights by the landowner to use all or lifetime while also securing the land’s life estate generally applies to personal part of the donated land during future protection; and residence or farm — wetlands may not his/her lifetime and the lifetimes of • Donation with reserved life estate necessarily qualify; and designated family members. allows designation for family members • There may not be a guarantee of perpet- or other persons only, without any ual preservation unless legally enforce- Advantages reservations by the landowner. able controls are imposed in the grant. • Donation is an excellent way to provide total protection for wetlands and ensure Disadvantages the wetlands will be maintained and • The landowner loses enhanced; potential income • Landowners can receive income tax from the sale of deductions and possible estate, gift, and the land; property tax breaks; • Grants communities and conservation organizations vital wetland areas they might not have been able to purchase; • Outright donation is simple, eliminates Many wetlands most negotiations, and can be conducted assistance agreements allow cattle grazing on a quickly; short-duration basis. ©Texas Dept. of Agriculture

18 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S Sources of Assistance Programs and Land • Challenge Cost Share Program • Conservation Contract Program Characteristics: A Quick • CRP, Conservation Reserve Program Reference Guide • EQIP, Environmental Quality Incentives Many federal, state and private programs are Program available to meet the needs of landowners and • FIP, Forestry Incentives Program their properties. Landowners may choose pro- • FSP, Forest Stewardship Program grams applicable to their financial needs, spe- • FWIP, Forested Wetlands Incentive Program cific concerns, restoration and conservation • LIP, Landowner Incentive Program goals, federal and state regulations, and more • MARSH, Matching Aid to Restore States importantly, the existing management or cre- Habitat ation of wetlands on their properties. The vol- • NAWCA, North American Wetlands untary programs and contacts described in the Conservation Act following pages are designed to provide the • NAWMP, North American Waterfowl essential tools for effective stewardship. The pri- Management Plan Joint Venture Project vate landowner interested in any of these pro- • PFW, Partners for Fish and Wildlife Program grams may contact the agency or local office in • PLHP, Private Lands and Habitat Program their area. • PLI, Private Lands Initiative The following matrix lists the programs • TPWP, Texas Prairie Wetlands Project explained in this Guide and the characteristics • WHAT, Wetland Habitat Alliance of Texas that are applicable to each program. Also listed • WHIP, Wildlife Habitat Incentives Program are the acronyms and abbreviations used in • WRP, the matrix.

Program Eligible Lands Assistance Sponsor Prior F=Federal converted Farmed S=State Program Name Wetlands wetlands wetlands Riparian Financial Technical P=Private Challenge Cost Share Program · ···· · F Conservation Contract Program ···F CRP ·· ···F FIP F, S · ···· · Drawing EQIP ··· · F courtesy of North Carolina MARSH · ···· ·P, S Agricultural Research NAWCA · ···· · F Service NAWMP · ···· ·F, S FWIP ·· ···S PFW · ···· · F PLHP ···· ·S PLI · ···· · S TPWP ··· ··S, P, F LIP ····S FSP ··· ··F, S Bladderwort WHAT ··· ··P Utricularia spp. (found in freshwater WHIP F, S · ···· · bottomlands, marshes, WRP · ···· · F bogs and seeps)

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 19 Non-Regulatory Federal Programs

Challenge Cost Share servation, recreational and wildlife pur- (1996 Farm Bill). The CRP is a voluntary poses on farm property that is wetland, program offering annual rental payments, Program wildlife habitat, upland or highly erodible incentive payments for certain activities U.S. Fish and Wildlife Service (USFWS) land. Such land must be suitable for the and cost-share assistance to plant long- Program Description purposes involved. All Farm Loan Program term resource-conserving covers to In 1988, the U.S. Fish and Wildlife Service loans that are secured by real estate may improve soil, water and wildlife resources. (USFWS) launched the Challenge Cost be considered for a Conservation Contract. Cropland must be considered highly erodi- Share Program to manage, restore and Non-program loan debtors are not eligible ble land, be a cropped wetland, be a filter enhance fish and wildlife resources and to receive any benefits under this program. strip, riparian buffer, grass waterway, shel- ter belt or similar practice, be subject to natural habitats on public and private How the Program Works scour erosion, be located in a national or lands. The program is a partnership with Borrowers participating in the debt cancel- state CRP priority area, or be cropland nonfederal public and private institutions, lation Conservation Contract Program can associated with or surrounding non- organizations, and individuals. Challenge select 50, 30 or 10 year contract terms. cropped wetlands. Cost Share allows the USFWS to provide The amount of debt to be canceled will be The CRP is administered by the Farm matching funds for projects that support directly proportional to the length of the Service Agency (FSA). Agencies that pro- the management, restoration and protec- contract. The area placed under the Con- vide assistance to FSA include the Natural tion of natural resources on more than servation Contract cannot be used for the Resources Conservation Service (NRCS), 500 National Wildlife Refuges. production of agricultural commodities by Texas Agricultural Extension Service, Texas the borrower during the term of the con- How the Program Works Forest Service, and local soil and water tract. Proposals will be reviewed by a The USFWS provides up to 50% of the conservation districts. total project cost, while the partners pro- team consisting of NRCS, FSA and FWS vide no less than 50% of the cost. The representatives and others. How the Program Works Farmers can bid to enroll their land in the partner may contribute cash, material, Regional Use CRP program at their local USDA Service equipment, land, water or in-kind services. Nationwide Centers. Selections are made based on the Regional Use Eligibility relative environmental benefits for the Nationwide Eligibility will be determined by the fol- land offered. Environmental benefits Eligibility lowing: (1) All Farm Loan Program loans include wildlife habitat, water quality Public and private lands are eligible as long that are secured by real estate may be con- improvements, reduced erosion, long-term as projects directly benefit refuges. Funds sidered for a Conservation Contract; (2) benefits from practices such as tree plant- provided by the USFWS for projects cannot The proposed contract helps a qualified ing, air quality benefits from reduced be matched with other federal funds. borrower to repay the loan in a timely wind erosion, enrollment in priority areas manner; and (3) If the land being pro- and cost. Contact posed for the contract is within the FSA The standard reserve contract is Challenge Cost Share Program Conservation Reserve Program, both the 10 years, but FSA accepts easement con- Bill Myer or Sonya Brown requirements of that program and this sec- tracts of 15 or 30 years for special conser- U.S. Fish and Wildlife Service tion can be met. vation activities. The landowners’ bids state Division of Budget the annual rental payment per acre the 500 Gold SW Contact farmer would be willing to accept for con- Albuquerque, NM 87103 Conservation Contract Program verting their eligible cropland to permanent (505) 248-6824 Farm Loan Programs Division vegetative cover. Annual rental payments Farm Service Agency may not exceed $50,000 per person per Conservation Contract P.O. Box 2900 year. By law, payments cannot be higher College Station, TX 77841 Program than local rental rates for comparable land. (409) 260-3707 In addition to rental payments, CRP Farm Service Agency (FSA) Fax: (409) 260-3712 participants can receive up to 50 percent Program Description cost-share for establishing vegetation and A Conservation Contract may be Conservation Reserve 25 percent cost-share for wetlands restora- exchanged, when requested by a current or Program (CRP) tion. Once the land has been accepted into delinquent borrower, for a cancellation of the Reserve program, the land cannot be Farm Service Agency (FSA) some or all of the borrower’s FSA Farm farmed during the term of the contract. Loan Program loan indebtedness. The Con- Program Description Eligible acreage devoted to conserva- tract may be considered alone, or with cer- The Conservation Reserve Program (CRP) tion practices such as riparian buffers, fil- tain other Primary Loan Service Programs. was amended in the Federal Agriculture ter strips, grassed waterways, shelter belts, These contracts can be established for con- Improvement and Reform Act of 1996 living snow fences, contour grass strips,

20 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S salt tolerant vegetation and shallow water tives are fulfilled for a minimum of by producers with help from NRCS or areas for wildlife may be enrolled at any 10 years. other service providers. time under the continuous sign-up and are How the Program Works Regional Use not subject to competitive bidding. All Since this is a brand new program, not all The program is available in every state, other eligible acreage must be enrolled of the details have been finalized as this with an emphasis on either state-identified during a CRP sign-up period. document went to press. Look for the pro- priority areas or significant statewide Regional Use gram to be up and running in early 2001. concerns. Nationwide For more information contact any of the Eligibility Eligibility agency listed above. Eligibility is limited to persons who are To be eligible to be placed in CRP, land Regional Use engaged in livestock or agricultural pro- must be (1) cropland that is planted to an Counties of eastern Texas duction. Eligible land includes cropland, agricultural commodity two of the five rangeland, pasture, forestland, and other most recent crop years, or (2) marginal Eligibility farm or ranch lands where the program is pasture that is suitable for use as a ripar- Private landowners and farm operators delivered. The 1996 Farm Bill prohibits ian buffer to be established to trees. The located in East Texas. owners of large confined livestock opera- applicant must have owned or operated the tions from being eligible for cost-share land for at least 12 months prior to close Environmental Quality assistance for animal waste storage or of the sign-up period with certain excep- Incentives Program treatment facilities. However, technical, tions relating to death, foreclosure or pur- educational, and financial assistance may NRCS has leadership for EQIP. It works chase for the purpose of enrolling in CRP. be provided for other conservation prac- with FSA to set the program’s policies, pri- tices on these “large” operations. Contact orities, and guidelines. Conservation Reserve Program EQIP offers 5- to 10-year contracts Sammy Orange Program Description that provide incentive payments and cost Farm Service Agency The Environmental Quality Incentives Pro- sharing for conservation practices called P.O. Box 2900 gram (EQIP) was established in the 1996 for in the site-specific plan. Contract appli- College Station, TX 77841 Farm Bill to provide a voluntary conserva- cations will be accepted throughout the (409) 260-9235 tion program for farmers and ranchers year. Cost sharing may pay up to 75 per- who face serious threats to soil, water, and cent of the costs of certain conservation related natural resources. EQIP provides practices, such as grassed waterways, filter East Texas Wetlands Project technical, financial, and educational assis- strips, manure management facilities, cap- (ETWP) tance primarily in designated priority ping abandoned wells, and other practices U.S. Fish and Wildlife Service (USFWS), areas, with half the funding targeted to important to improving and maintaining Texas Parks and Wildlife (TPW), Natural livestock-related natural resource concerns the health of natural resources in the area. and the remainder to other significant Resources Conservation Service (NRCS), Contact conservation priorities. (DU) NRCS, FSA, the local Extension Service, or Program Description How the Program Works your local conservation district can pro- The project will provide landowners with EQIP offers financial, educational, and vide more information. Local USDA Ser- technical assistance and/or financial incen- technical help to install or implement vice Centers are listed in the telephone tives to restore, enhance, and/or create structural, vegetative, and management natural or man-made wetlands and associ- practices called for in 5- to 10-year con- ated upland habitats within the Texas por- tracts for most agricultural land uses. EQIP tion of the Lower Mississippi Valley Joint works primarily in priority areas where Venture initiative area. Wetland habitat significant natural resource problems exist. types will include forested wetlands, moist In general, priority areas are defined as soil areas, harvested croplands, or water- watersheds, regions, or areas of special fowl food plots to increase biodiversity for environmental sensitivity or having signifi- waterfowl, other migratory birds (includ- cant soil, water, or related natural ing Neotropical birds, shorebirds and wad- resource concerns. These concerns could ing birds), and related wetland wildlife. include soil erosion, water quality and Project objectives will be accomplished uti- quantity, wildlife habitat, wetlands, and lizing the following management practices: forest and grazing lands. EQIP can also Drawing from hydrology restoration, reforestation, plant address additional significant statewide Trees of East Texas propagation, vegetation management, site concerns that may occur outside desig- by Robert A. Vines preparation, fencing to control grazing, nated priority areas. All EQIP activities and conservation easements. Landowners must be carried out according to a conser- Possum-haw will enter into a Wetland Development vation plan, which are site-specific for Ilex decidua each farm or ranch and can be developed (found in rich, moist soil Agreement (WDA) to assure project objec- along bottomlands or streams)

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 21 book under U.S. Department of Agricul- tation may be obtained for up to 5,000 Certified Forest Stewards ture. Information is also available here on acres. Ornamental, Christmas tree produc- Landowners that have followed their writ- NRCS’s World Wide Web site. tion, and orchard tree plantings are not ten Stewardship plans by installing on-the- eligible for FIP funding. ground practices can become a Certified Forest Steward. The goal of the Forest Forestry Incentives Contact Stewardship Program is to write multiple- Forestry Incentives Program Program (FIP) use management plans for landowners so Brad Barber U.S. Forest Service (USFS), Natural they can accomplish their ownership objec- Texas Forest Service (TFS) Resources Conservation Service (NRCS), tives, this recognition rewards those who College Station, TX 77843-2136 Texas Forest Service (TFS) follow their plans. (409) 845-2641 Program Description Once the plan has been implemented The Forestry Incentives Program (FIP) is Mark Freeman for a few years, a landowner can request intended to increase the Nation’s supply of USDA-NRCS certification or be nominated by a local timber products from private non-industrial 101 South Main Street resource professional. Nomination forms forest lands and conserve and improve the Temple, TX 76501 can be obtained at any Texas Forest Ser- environment. The program may apply to (254) 742-9822 vice office and must be attached to a copy wetlands conservation and restoration of of the Stewardship plan when submitted. wooded swamps. FIP provides technical Forest Stewardship The nominator lists the practices that have and cost-share assistance to landowners Program (FSP) been installed in the last five years that participating in any one of the four help meet the objectives stated in the plan. Texas Forest Service (TFS) national forestry practices eligible under Each accomplishment listed on the FIP. These practices include: tree planting, The Forest Stewardship Program (FSP) was form will be awarded up to ten points, improving a stand of forest trees and site created by the Food, Agriculture, Conserva- based on the relative merits of each prac- preparation for natural regeneration of tion and Trade Act (Farm Bill) of 1990. It tice to the long-term benefit of the land. trees. The Natural Resources Conservation provides technical assistance to landown- Thus, a thinning that improves a timber Service (NRCS) and the U.S. Forest Service ers for the enhancement of multiple stand and is conducted in accordance with in cooperation with the Texas Forest Ser- resources associated with non-industrial all Best Management Practices (BMPs) will vice (TFS) jointly administer FIP. private forestlands including water, be worth more points than a practice such wildlife, recreation, aesthetics, and timber as fencing to better manage woods graz- How the Program Works production. ing. Successful reforestation will be worth Landowners apply for participation in the A cost-share component, the Steward- more points than firelane maintenance. program at the county NRCS office. Upon ship Incentives Program (SIP), was a com- The point system rewards more points to request from NRCS, the TFS examines the plementary program that is currently activities that were recommended in the property, develops the Forest Management discontinued. Stewardship plan. Landowners will be noti- Plan, and certifies the need for the prac- fied of their selection and will be pre- Program Description tice. The TFS will also provide technical sented a certificate and a “Forest The FSP includes the development of a advice and help locate approved vendors Stewardship” sign for their property at a Forest Stewardship Plan to meet the for accomplishing the work. The TFS must public ceremony of their choosing. certify that the work has been completed landowner’s objectives relating to the in accordance with the approved plan property’s natural resources. Technical Contact before payment is made to the landowner assistance is available to help landowners Forest Stewardship Program by the county NRCS office. Cost-share enhance the timber, fish and wildlife habi- Burl Carraway assistance cannot exceed 50 percent of the tat, water quality, wetlands, recreational, Texas Forest Service actual cost of performing the practice. The and aesthetic values of their property. P.O. Box 310 maximum cost-share that a participant can The FSP is administered by the Texas Lufkin, TX 75902-0310 receive annually for forestry practices Forest Service and guided by the 30-plus (409) 639-8180 under FIP is $10,000. All FIP practices members of the State Stewardship Steering Fax: (409) 639-8185 require a minimum 10-year maintenance Committee. E-mail: [email protected] agreement from the landowner. How the Program Works Regional Use Texas Forest Service foresters or certified North American Wetlands Primarily in East Texas Pineywoods. FIP is private consultants work with private Conservation Act of 1989 offered only in the 38 East Texas counties landowners to provide technical assistance (NAWCA) where a suitable number of ownerships and/or develop a multi-use Forest Steward- United States Fish and Wildlife Service capable of producing at least 50 cubic feet ship Plan that details the landowner’s (USFWS) of timber per acre per year exist. objectives. The Plan puts in writing the objectives of the landowner in enhancing Program Description Eligibility his or her forest resources. The North American Wetlands Conserva- FIP is limited to landowners of 10 to tion Act (NAWCA), established in 1989, 1,000 acres. Exceptions to the acreage limi-

22 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S encourages partnerships between and/or among public agencies and private inter- ests within the United States, Canada and Mexico to (1) protect, enhance, restore, and manage wetland ecosystems and other habitats for migratory birds, fish, and wildlife in North America; (2) maintain current or improve distribution of migra- tory bird populations; and (3) sustain an abundance of waterfowl and other migra- Rice stubble provides tory birds consistent with the goals of the excellent forage for migrating waterfowl and wildlife North American Waterfowl Management along the Texas coast. Plan and international treaty obligations. ©Texas Dept. of Agriculture The Act provides funding for wetlands conservation projects involving restora- tion, enhancement, and acquisition. Fund- ing is approved by the Migratory Bird Conservation Commission (MBCC) based on recommendations from the North American Wetlands Conservation Council (Council). The USFWS coordinates with the Council on the NAWCA and can provide assistance to landowners to develop pro- Conservation Act over the Internet at waterfowl and other wetland-dependent posals for submission to the Council and http://northamerican.fws.gov/nawcahp.html bird species. Mexico joined as a signatory in 1994 when the NAWMP was first MBCC. Funding for the Act is appropriated Regional Use updated. The NAWMP’s primary objective is by Congress and has ranged up to $15 mil- Nationwide lion a year. to return waterfowl populations to levels Eligibility observed in the 1970s, when fall flights How the Program Works Projects involving acquisition, restoration, exceeded 80 million ducks. The plan is Proposals may be submitted by any group enhancement, creation, management, and implemented at the grassroots level by part- or individual by the last Friday in March other activities that conserve wetland nerships called Joint Ventures. Wetlands and July. Funding becomes available follow- ecosystems and the fish and wildlife that identified under NAWMP as “areas of major ing MBCC approval, which occurs approxi- depend on such habitats are eligible for concern” for waterfowl habitat (e.g., migra- mately five months following application the Act or matching partner funds. Areas tion, nesting and forage areas) are targets submission. A proposal must describe how of special concern and larger areas are usu- for these joint ventures. the proposed work fits into a larger project ally given priority in grant consideration. (if applicable); the need for the proposal; How the Program Works Contact where the work is to be done; the affect of Joint Venture Management Boards, consist- North American Wetlands the proposal on animals, plants, and wet- ing of federal, state, and private agencies Conservation Act land functions; how much the project will and private individuals, have been estab- Vernon Bevill cost; and partner commitments and respon- lished to coordinate work within the Joint Texas Parks and Wildlife sibilities. The grant application instructions Venture areas. Because most lands in 4200 Smith School Road are available on the NAWCA Web site at Texas are privately owned, landowner Austin, TX 78744 http://northamerican.fws.gov/nawcahp.html involvement is crucial for the joint ven- (512) 389-4578 NAWCA grants require a minimum tures to succeed. Private landowners of Fax: (512) 389-4398 one-to-one grant match from any non- wetlands significant to waterfowl may federal source, such as a state, non-profit receive technical and financial assistance group, or the landowner, or a combination North American Waterfowl through a variety of cooperative programs of these. Proposals with higher match Management Plan Joint within their geographic area. Participation ratios are preferred. Annual payments for Venture Projects (NAWMP) is not exclusive to individual landowners, leases or easements require a minimum 10- however. Corporations such as Phillips year agreement and demonstration projects United States Fish and Wildlife Service Petroleum, Exxon, DuPont, and Central require a minimum 5-year agreement. (USFWS)/Texas Parks and Wildlife/ Power and Light in Corpus Christi have all Individuals and organizations Non-Governmental Partnership become involved in wetland conservation seeking funding for on-the-ground Program Description projects on their land and/or participate wetlands restoration, management, or The North American Waterfowl Management in various joint venture projects. enhancement projects to benefit wildlife Plan (NAWMP) was signed in 1986 between The Plan also supports research on can now access Standard Grant Instruc- the United States and Canada to protect, wetlands restoration, wetlands status sur- tions for the North American Wetlands restore, and enhance wetlands important to veys, and wetlands inventories.

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 23 Regional Use million acres along the Gulf Coast are sources that are available with the other There are currently eleven habitat joint important waterfowl habitat. The GCJV tar- Texas joint ventures. Currently, the only ventures underway in the United States. gets specific sites along the coast including viable funding opportunities are through Principal areas targeted by the plan are the Laguna Madre, Texas Mid-Coast, the Texas proposals to the North American Wetlands Atlantic Coast; the Lower Mississippi River Chenier Plain and all coastal areas of Conservation Act (NAWCA) Council. Region; the Upper Mississippi River-Great Louisiana, Mississippi and Alabama. Estab- Requests to the NAWCA Council are Lakes Region; the Gulf Coast; the Playa lished in 1988, the GCJV is a partnership referred to the LMVJV Management Board Lakes Region; California’s Central Valley; of landowners, federal and state agencies, for review and priority rating. Recommen- the Pacific Coast; the Rainwater Basin; the and conservation organizations dedicated dations are then returned to the NAWCA Prairie Pothole Region; the Intermountain to protect, enhance and restore wetlands Council for further action. West, and San Francisco Bay. on the Gulf Coast. As of 1998, the GCJV Because TPW recognizes the need for has protected 145,740 acres, restored private wetland projects in the LMVJV Eligibility 20,676 acres and enhanced 166,988 acres area, the Department is initiating activities Any landowner (federal, state, group, or in Texas. GCJV project funding for Texas to develop a NAWCA grant request or individual) with property of significance landowners is primarily offered through other funding opportunities for funding to waterfowl and other wetland-dependent the Texas Prairie Wetlands Project. private wetland developments in East species who wishes to restore or enhance Texas. Currently, no timetable exists for the land may apply through the specific Contact planning or conducting this proposed ini- Joint Venture Management Board. Both Gulf Coast Joint Venture tiative. However, landowners with interest financial and technical assistance may be David S. Lobpries in these future prospects should contact available. Texas Parks and Wildlife the TPW LMVJV Coordinator. This would In Texas, three joint ventures exist: 6414 Deer Trail Drive help identify two points: (1) the degree of The Gulf Coast Joint Venture (GCJV), the Wharton, TX 77488 private landowner interest in funding Playa Lakes Joint Venture (PLJV), and the (409) 532-2170 assistance for wetland enhancement, and Lower Mississippi Valley Joint Venture (2) a listing of individual candidate proj- (LMVJV). The Texas Prairie Wetlands Pro- Lower Mississippi Valley Joint ects (i.e., a catalog of project requests from ject (TPWP) has been created as part of Venture (LMVJV) individual landowners interested in partic- the GCJV. These programs are summarized The LMVJV encompasses 22 million acres ipation) that could be implemented when below. in portions of 10 Delta states, including funding becomes available. Contact East Texas. One of its primary goals is to Contact North American Waterfowl integrate waterfowl management and wet- Lower Mississippi Valley Joint Venture Management Plan lands conservation into the broader realm Carl D. Frentress Vernon Bevill of soil and water conservation. Projects Texas Parks and Wildlife Texas Parks and Wildlife under the LMVJV should address one of Route 3, Box 3273 4200 Smith School Road these four topics: (1) private lands Athens, TX 75751 Austin, TX 78744 enhancement, (2) public lands enhance- (903) 675-4177 (512) 389-4578 ment, (3) water resources development, Fax: (512) 389-4398 and (4) wetland protection and restoration. Although the LMVJV has targeted Playa Lakes Joint Venture Gulf Coast Joint Venture (GCJV) enhancement of wetlands on private lands, (PLJV) The Gulf Coast Joint Venture (GCJV) a program has not been specifically devel- The Playa Lakes Joint Venture (PLJV) focuses on perpetuating healthy wintering oped to accept individual project proposals promotes partnerships between agencies grounds for migrating waterfowl and other from private landowners, in contrast to and private landowners to conserve playa birds and wildlife species along the Gulf other Texas joint ventures. This situation lakes in Colorado, Kansas, New Mexico, Coast from Alabama to Texas. Over 4.5 results from a lack of partnership funding Oklahoma, and Texas. The PLJV seeks landowner participation to enhance or protect playa lakes and other wetland habitat. The PLJV hopes to ensure ade- quate and well distributed habitats to maintain healthy populations of waterfowl and other wildlife. Since 1990, over A landowner in the 3,000 acres of playa lakes have been pro- Panhandle manages his tected, restored or enhanced in Texas property as both productive farmland and waterfowl through PLJV partnerships. Technical assis- habitat through the Playa tance and cooperative funding is available Lakes Joint Venture. for approved projects. ©TPW State and federal wildlife biologists will work with individual landowners to

24 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S create management plans for specific How the Program Works Regional Use properties. These plans may include: Since the program began in 1987, the PFW Nationwide • projects in or near playas to has primarily focused on the restoration of Eligibility provide cover and food; wetlands, native grasslands, stream banks, Subject to restoration priorities stated • participation in state and federal riparian areas, and in-stream aquatic habi- above, any wetland is eligible for restora- programs to provide adequate nest- tats. The assistance that the U.S. Fish and tion with technical and financial assistance ing cover and brooding habitat; and Wildlife Service offers to private landown- by the Service. Upland habitats are eligible • maintenance of playa water levels, ers may take the form of informal advice for financial assistance only if their pumping water to them if on the design and location of potential restoration will contribute to certain pro- necessary. restoration projects, or it may consist of gram goals. Once the agreement period In return, the Joint Venture offers designing and funding restoration projects has expired, the landowner is not obli- landowners incentives, such as: under a voluntary cooperative agreement gated to follow the Cooperative Agreement • water and pumping payments, with the landowner. Under the cooperative guidelines. Agricultural practices that do • cost share for fencing, grass buffer agreements, the landowner agrees to main- not conflict with conservation purposes establishment, and tain the restoration project as specified in are allowed on restoration sites. • compensation from other applicable the agreement for a minimum of 10 years. state and federal land management While not a program requirement, a dollar- Contact programs. for-dollar cost share is usually sought on a Partners for Fish and Wildlife Texas Parks and Wildlife (TPW) project-by-project basis. Program coordinates review of project proposals Restoration projects may include, but Don Wilhelm through the Playa Lakes Region of Texas are not limited to: (1) Restoring wetland U.S. Fish and Wildlife Service Steering Committee, and the PLJV’s Moni- hydrology by plugging drainage ditches, 711 Stadium Dr., Suite 252 toring, Evaluation and Research Team, and breaking tile drainage systems, installing Arlington, TX 76011 Management Board. The Department also water control structures, dike construction, (817) 277-1100 provides funding for habitat projects on and re-establishing old connections with Fax: (817) 277-1129 private lands under an agreement signed waterways; (2) Planting native trees E-mail: [email protected] by both the landowner and the and shrubs in formerly forested wetlands Department. and other habitats; (3) Planting native Texas Prairie Wetlands Up to 50% cost-shared assistance is grasslands and other vegetation; (4) Project (TPWP) available from the U.S. Fish and Wildlife Installing fencing and off-stream live- Service (USFWS). Cost-shared assistance of stock watering facilities to allow for U.S. Fish and Wildlife Service (USFWS), up to 100% is available through TPW. PLJV restoration of stream and riparian areas; Texas Parks and Wildlife (TPW), Natural incentives may work in conjunction with (5) Removal of exotic plants and ani- Resources Conservation Service (NRCS), other federal and state programs, includ- mals which compete with native fish and Ducks Unlimited (DU) ing the Partners for Wildlife Program. wildlife and alter their natural habitats; Program Description (6) Prescribed burning as a method of Contact The Texas Prairie Wetlands Project (TPWP) removing exotic species and to restore nat- Playa Lakes Joint Venture is designed to accomplish the goals and ural disturbance regimes necessary for Bill Johnson objectives of the Gulf Coast Joint Venture some species survival; and (7) Recon- Texas Parks and Wildlife (GCJV), and is a partnership effort to struction of in-stream aquatic habitat P.O. Box 659 restore, create, or enhance wetlands through bioengineering techniques. Canyon, TX 79015 beneficial for waterfowl and other wildlife The Partners for Fish and Wildlife (806) 655-3975 use. TPWP projects include management program also provides enhanced fishery of winter water on cropped lands, restora- management expertise for projects that tion of converted wetlands, enhancement Partners for Fish and benefit interjurisdictional and declining of natural wetlands, or creation of wet- Wildlife Program (PFW) fish species. This expertise is directed lands on non-wetland sites. Between 1991 U.S. Fish and Wildlife Service towards lakes, streams, estuaries, and asso- and March 2000, approximately 430 proj- ciated riparian and upland buffer habitats ect sites have been enrolled for 184 Program Description to restore and enhance fishery resources. landowners on 19,921 acres of wetland The Partners for Fish and Wildlife pro- Practices include the techniques listed developments. gram offers technical and financial assis- above as well as streambank revegetation, How the Program Works tance to private (non-federal) landowners silt removal, restoration of water circula- Landowners interested in creating and to voluntarily restore wetlands and other tion, streambed renovation, reduction of maintaining habitat for waterfowl or other fish and wildlife habitats on their land. non-point sources of pollution, and fish wildlife on their property are offered The program emphasizes the reestablish- passage reestablishment for migratory fish. financial and technical assistance through ment of native vegetation and ecological These actions increase native fish popula- the Texas Prairie Wetlands Project. The communities for the benefit of fish and tions and improve the water quality in landowner may also contact the U.S. Fish wildlife in concert with the needs and downstream reaches. desires of private landowners. and Wildlife Service (USFWS), Natural

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 25 Resources Conservation Service (NRCS), property. The WRP provides a unique high priority acres — based on competitive Texas Parks and Wildlife (TPW) or Ducks opportunity for farmers to retire marginal selection — will receive an offer. Unlimited (DU), who will coordinate with agricultural lands and reap the many bene- Regional Use the TPWP office. Cost-shared assistance of fits of having wetlands on their property. Nationwide up to 75% is available (100% where sup- Under WRP, the Natural Resources Conser- plemental water is provided by the vation Service (NRCS) staff work with par- Eligibility landowner). In return, the landowner and ticipating landowners to secure Landowner. To offer a conservation ease- TPWP agree on management practices in conservation easements and provide ment, the landowner must have owned the the 10-year Wetland Development Agree- cost-sharing assistance for wetlands land for at least one year prior to ment (WDA). The WDA is a management restoration. enrolling the land in the program unless plan designed to satisfy landowner desires the land was inherited or the landowner How the Program Works as well as provide sufficient habitat for can prove the land was not obtained for Landowners who choose to participate in waterfowl and other migratory birds. the purpose of enrolling it in the program. WRP may sell a conservation easement or Technical assistance for creating, To participate in a restoration cost-share enter into a cost-share restoration agree- restoring and maintaining habitat is also agreement, the landowner must show evi- ment with USDA to restore and protect provided through workshops. The Texas dence of ownership. wetlands. The landowner voluntarily limits Prairie Wetlands Project allows for normal future use of the land, yet retains private Land. To be eligible for WRP, land must be agricultural practices. ownership. The landowner and NRCS restorable and be suitable for wildlife ben- Regional Use develop a plan for the restoration and efits. This includes: 28 Gulf coastal counties. maintenance of the wetland. • Wetlands farmed under natural The program offers landowners three conditions; Eligibility options: permanent easements, 30-year • Farmed wetlands; Private landowners and farm operators easements, and restoration cost-share • Prior converted cropland; (landowners must co-sign agreements) agreements of a minimum 10-year dura- • Farmed wetland pasture; within the 28 county project area are tion. Permanent Easements are conserva- • Farmland that has become a wetland as eligible. tion easement in perpetuity. Easement a result of flooding; Contact payment will be the lesser of: the agricul- • Rangeland, pasture or production forest- David Curtis tural value of the land, an established pay- land where the hydrology has been sig- Texas Prairie Wetlands Project ment cap ($550/acre maximum) (may be nificantly degraded and can be restored; U.S. Fish and Wildlife Service higher in Cameron, Hidalgo, and Starr • Riparian areas which link protected 312 S. Main Street, Room 310 counties), or an amount offered by the wetlands; Victoria, TX 77901 landowner. In addition to paying for the • Lands adjacent to protected wetlands (361) 576-0282 easement, NRCS pays 100 percent of the that contribute significantly to wetland Fax: (361) 575-9537 costs of restoring the wetland. In a 30- functions and values; and or Year Easement, payments are 75 percent • Wetlands restored under State, federal Craig LeSchack of what would be paid for a permanent or private programs that meet NRCS Texas Prairie Wetlands Project/Ducks easement. NRCS also pays 75 percent of specifications are eligible for WRP, Unlimited, Inc. restoration costs. Restoration Cost-Share including the USFWS Partners for 2205 Ave. I, #114 Agreements (generally for 10 years in Wildlife program. Rosenberg, TX 77471 duration) re-establish degraded or lost Ineligible Land. Ineligible land includes (281) 341-7968 wetland habitat. NRCS pays 75 percent of wetlands converted after December 23, Fax: (281) 341-6317 the cost of the restoration activity. This 1985; lands with timber stands established does not place an easement on the prop- under a CRP contract; Federal lands; and Wetlands Reserve erty. The landowner provides the restora- lands where conditions make restoration impossible. Program (WRP) tion site without reimbursement. Other agencies and private conserva- A landowner continues to control access to Natural Resources Conservation Service tion organizations may provide additional the land and may lease the land for hunt- (NRCS) administers the program and may assistance for easement payment and wet- ing, fishing, and other undeveloped recre- consult with the U.S. Fish and Wildlife land restoration costs as a way to reduce ational activities. At any time, a landowner Service. the landowner’s share of the costs. Such may request that additional activities be Program Description special partnership efforts are encouraged. evaluated to determine if they are compat- The Wetlands Reserve Program (WRP) was Landowners interested in participat- ible uses for the site. This request may amended by the Federal Agriculture ing in the WRP should apply to the pro- include such items as permission to cut Improvement and Reform Act of 1996 gram through their county Natural hay, graze livestock or harvest wood prod- (1996 Farm Bill). The WRP is a voluntary Resources Conservation Service office any- ucts. Compatible uses are allowed if they program exclusively applicable to wetlands time. The NRCS and the U.S. Fish and are fully consistent with the protection offering payments to landowners for Wildlife Service will determine eligibility and enhancement of the wetland. restoring or enhancing wetlands on their of the acres offered and landowners with

26 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S States were authorized to begin a continuous sign-up as of October 1, 1996. Check with your local USDA Service Center or conservation district office for the sign- up schedule in your State. Contact Wetlands Reserve Program Doug Sharer Natural Resources Conservation Service 101 S. Main Street Temple, TX 76501-7682 (254) 742-9825 Fax: (254) 742-9828

Wildlife Habitat Incentives Programs such as the Prairie Wetlands Project provide Program (WHIP) seasonal wetlands on rice Natural Resources Conservation Service fields, which supply thousands of acres of wintering habitat (NRCS) administers the program. for migratory waterfowl. Program Description ©Texas Dept. of Agriculture The Wildlife Habitat Incentives Program (WHIP) is a voluntary program for people who want to develop and improve wildlife habitat primarily on private lands. It pro- vides both technical assistance and cost- share payments to help establish and improve fish and wildlife habitat. The U.S. Department of Agriculture’s (USDA) Nat- ural Resources Conservation Service (NRCS) offers participants technical and financial assistance for the establishment of wildlife habitat development practices. In addition, if the landowner agrees, coop- erating State wildlife agencies and non- profit or private organizations may allow NRCS or its agent access to • Land subject to an Emergency provide expertise or additional funding to monitor the effectiveness of the Watershed Protection Program help complete a project. practices. floodplain easement; and How the Program Works • USDA agrees to provide technical • Land where USDA determines that WHIP funds are distributed to States based assistance and pay up to 75 percent impacts from onsite or offsite con- on State wildlife habitat priorities, which of the cost of installing the wildlife ditions make the success of habitat may include wildlife habitat areas, tar- habitat practices. improvement unlikely. geted species and their habitats, and spe- Cost-share payments may be used to • WHIP funds cannot be used for cific practices. With the assistance of establish new practices or replace practices mitigation or on land designated as NRCS, participants who own or control that fail for reasons beyond the . land agree to prepare and implement a landowner’s control. Contact wildlife habitat development plan. This Eligibility NRCS; Farm Service Agency; Cooperative plan may or may not be part of a larger Eligible participants include those who State Research, Education, and Extension conservation plan that addresses other own or have control of the land under Service; or your local conservation district resource needs such as water quality and consideration. All lands are eligible for can provide more information. Your USDA soil erosion. WHIP, except: Service Center is listed in the telephone USDA and the participant enter into a • Federal land; book under U.S. Department of Agricul- cost-share agreement for wildlife habitat • Land currently enrolled in the Con- ture. Information is also available on development. This agreement generally servation Reserve Program, Wet- NRCS’s World Wide Web site: lasts from 5 or 10 years from the date the lands Reserve Program or other http://www.nrcs.usda.gov. agreement is signed. Under the agreement: similar programs; • The landowner agrees to install and maintain the WHIP practices and

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 27 Non-Regulatory State Programs Forested Wetlands Incentive Landowner Incentive Ranks will be summarized, and those applications with the best scores will be Program (FWIP) Program (LIP) selected such that the total amount Texas Parks and Wildlife (TPW) Texas Parks and Wildlife (TPW) awarded to all applicants will not exceed the allotted annual funding. Applicants not Program Description Program Description selected during one review period will be The Forested Wetlands Incentive Program is Most rare species inhabit privately owned eligible for the subsequent period. Success- a pilot project providing East Texas and managed lands in Texas. Incentive ful applicants will be notified and arrange- landowners with funds to use sustainable programs to assist private landowners in ments will be made to discuss and draft a protecting and managing habitat for rare forestry practices that produces bottomland conservation plan and the terms of the species can have a direct and positive hardwood sawtimber and improved wildlife agreement. Funds will be dispersed after impact on their conservation. It is the goal habitat. TPW hopes to create a permanent TPW and the private landowner have of this program to provide financial incen- Forested Wetlands Incentive Program. signed the conservation agreement. tives that encourage landowners to help Although there are no project dura- How the Program Works conserve rare species and their habitat. Enhancements to existing forested wet- tion limitations, results of management lands are preferred to restoration of How the Program Works actions that can be documented in less forests on agricultural land in floodplains The proposed action by the landowner than 5 years are preferred. The applicant (this activity is funded through the USDA’s must contribute to the enhancement of at should contribute at least 20% of the total Wetlands Reserve Program). Examples of least one rare species or its habitat. Rare cost of project. Cost-share can include the most desirable enhancement projects species include those species that are feder- labor and materials. A minimum of 10% of include site preparation and planting, or ally or state listed as threatened or endan- the funds will be retained until conclusion stand improvement on previously high- gered as well as selected vertebrates, and final assessment of the project. graded bottomland forests. Projects involv- invertebrates and plants included in the TPW wants to encourage creative proj- ing water impoundments, greentree 1995 Endangered Resources Action Plan. A ects for conserving rare species. Some reservoirs and wetlands restoration on copy of the rare species list for your ideas that funds can be used for may converted cropland will be given a lower county and Action Plan are available to include (but are not limited to) offsetting priority since these activities are already prospective applicants upon request. The the cost of management activities such as covered through existing incentive landowner’s property must be able to pro- habitat improvements (restoring native programs. vide suitable habitat for a rare species. The vegetation, prescribed burns, selective Landowners must provide a 15% cost- natural movement or reintroduction of brush management, grazing management share, which may be in-kind and/or cash, individuals onto that property must be fea- systems) or habitat protection (construct- and project agreements will extend for sible and the property must be within the ing enclosure fences, gating caves). Funds 15 years. TPW prefers proposals not historic range of the targeted species. The can also be awarded to help with legal exceeding $10,000 per project, although results of the action must be measurable. fees necessary to develop a conservation funding levels are flexible depending on Therefore, the landowner must agree to easement. Other actions not listed here project benefits. allow biologists onto their property for a that will accomplish conservation goals at This was a demonstration project in pre-agreement survey and periodic progress reasonable cost are encouraged and will which nine landowners were selected for checks to assess the success of the project be considered. this program. At this time there is no objectives. The kind and amount of infor- Regional Use money available for this program. Due to mation recorded can be negotiated by the Statewide the success of the program, Texas Parks landowner. The landowner must be willing and Wildlife is committed to establishing to sign a project agreement or management Eligibility a permanent incentive program for plan. Each agreement or management plan The program is flexible and is open to all East Texas. will be designed to meet the landowner’s private landowners that have a desire to individual conservation and land use needs Regional Use voluntarily manage habitat for rare species and objectives. on their land. Eastern Texas Applications will be reviewed semi- Eligibility annually (January and July) and will be Contact Non-industrial private landowners owning ranked sequentially by the Landowner Contact your Texas Parks and Wildlife bottomlands in East Texas will have prior- Incentive Program Committee. The com- Regional Endangered Species Biologist to ity for funding. mittee consists of landowners and various discuss your options. If necessary, a site natural resource agency representatives. visit will be scheduled to further discuss Contact The primary selection criteria will be appropriate management activities for For more information, please contact based on the extent to which the action your property. TPW’s Texas Wetlands Conservation Pro- achieves species recovery or alleviates gram at (512) 389-4328, Jeff Raasch. threats to the species balanced against the cost effectiveness of the proposed action.

28 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S MARSH Program tat agreements, (2) capable of delivering and surveying techniques. Wildlife biolo- and managing the projects proposed, and gists will continue to assist landowners Matching Aid to Restore States Habitat — (3) willing to assume all liability associ- through periodic visits to help interpret Ducks Unlimited, Inc. (DU) ated with the project. survey information and formulate harvest Program Description recommendations. Contact The Matching Aid to Restore States Habitat MARSH Program (MARSH) Program began in 1985 to pro- Regional Use Ed Ritter vide matching funds to the Texas Parks Statewide Ducks Unlimited, Inc. and Wildlife (TPW) and private coopera- 2205 Ave. I, #114 Eligibility tors for projects significantly benefiting Rosenberg, TX 77471 Landowners interested in conserving and waterfowl. Normally, all projects must be (281) 341-7968 managing wildlife habitats on their prop- on lands under the control of a public Fax: (281) 341-6317 erty are eligible. agency, or private individuals who have been approved by the Ducks Unlimited Private Lands and Contact Conservation Programs Committee. The Private Lands and Habitat Program cooperator’s control must be through own- Habitat Program (PLHP) Kirby Brown ership, lease, easement or management Texas Parks and Wildlife (TPW) Texas Parks and Wildlife agreement. MARSH is administered 4200 Smith School Road through five Regional Ducks Unlimited Program Description Austin, TX 78744 (DU) offices. Texas Parks and Wildlife provides techni- (512) 389-4395 cal assistance to persons desiring to Fax: (512) 389-4398 How the Program Works include wildlife management considera- Projects that will receive first considera- tions in present and future land use prac- Private Lands tion are those that lead to the protection tices. This service is strictly advisory and or restoration of North American Water- is provided without charge to cooperating Initiative (PLI) fowl Management Plan (NAWMP) sites, and landowners. The goal of the Private Lands Texas Parks and Wildlife (TPW) those that protect and enhance other and Habitat Program is to provide expert- important waterfowl habitat. Preference is ise to land managers in the conservation Program Description also given to projects that benefit and development of wildlife habitat and The Texas Private Lands Initiative (PLI) is non-game, threatened or endangered the various wildlife populations that uti- a voluntary program in which landowners species, and are in unique habitats or lize that habitat. work with Texas Parks and Wildlife ecosystems having high public visibility or (TPW) and the National Fish and Wildlife interpretive value. How the Program Works Foundation (NFWF) to enhance wildlife MARSH project proposals are devel- Upon the landowners’ written request, a habitat through partnerships. The PLI oped by TPW or other cooperators, and TPW biologist schedules a personal meet- applies to a variety of landscapes in Texas, are submitted to the Regional Flyway ing and a property inspection with the including wetlands such as bottomland MARSH coordinator for evaluation. These landowner. The landowner defines the var- hardwoods, playa lakes, and riparian proposals should include all pertinent ious needs and uses of the property and areas. TPW has identified 16 types of information regarding location, legal establishes objectives for wildlife consider- projects to enhance habitat on private description, ownership, management objec- ation. The biologist then recommends lands. In wetland areas, these projects tives, description of work, projected costs, actions to achieve the landowner’s objec- may include moist-soil management, fenc- and any supplementary support informa- tives. A written management plan may be ing, planting, and pumping agreements. tion applicable to the project. After receiv- developed upon request. Components of These projects offer landowners a unique ing all of the necessary information, the the plan may include objectives, past his- opportunity to use their wetlands as MARSH coordinator will assess those sites tory, and an explanation of proper harvest demonstration sites for future projects. with the most potential and prepare proj- ect evaluations. Final selection for funding depends on the biological and public rela- tions values, membership interest, and fund-raising potential. An approved project can receive up to 50% cost-share expenses. Projects exceeding the one-to-one thresh- old require special approval. Migrating waterfowl in the Central Flyway use Regional Use Panhandle playa lakes Nationwide as stopover areas on their way south. Eligibility ©TPW DU will consider proposals from any pub- lic agency or private conservation group that is (1) able to execute long-term habi-

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 29 How the Program Works Austin, TX 78744 The cooperator maintains ownership Projects under the PLI are cost-shared by (512) 389-4395 of the land upon completion of the project. the landowner and NFWF, while TPW Fax: (512) 389-4398 The cooperator and WHAT agree to any offers technical assistance and program proposed development on the land before coordination. Funding is dependent on Wetland Habitat Alliance of an agreement is sealed. The Natural availability of grants. Resources Conservation Service (NRCS) will Texas (WHAT) verify the operable conditions; WHAT will Regional Use Program Description pay costs and provide technical assistance Statewide Wetland Habitat Alliance of Texas (WHAT) to cooperators within the specifications of Eligibility is an organization dedicated to preserving the agreement. WHAT is interested in work- Wetland projects must be a minimum Texas wetlands by raising public aware- ing with landowners to find an agreement 10 year (negotiable) commitment and the ness and appreciation of wetlands and acceptable to all parties involved. landowner is obligated to maintain the funding projects to protect, enhance, and Regional Use improvements. An example of improve- restore natural wetlands. WHAT also pro- Statewide ments include planting a diverse mixture vides youth and adult education and of legumes and grass surrounded by a serves as a liaison to the government, con- Eligibility 4-strand barbed wire fence in playa lakes. servation organizations, hunters, and the Any landowner interested in accomplish- Assistance is available on other improve- general public. ing the same goals as WHAT is eligible to ments as well. No cost-sharing is available participate. How the Program Works to reverse damage in playa basins caused WHAT solicits funds for projects such as Contact by livestock grazing, such as soil erosion management of water on cropped wet- Wetland Habitat Alliance of Texas and runoff. lands, restoration of converted wetlands, Eric Frasier Contact enhancement of natural wetlands, and cre- WHAT Private Lands Initiative ation of wetlands on non-wetland sites. 118 E. Hospital, Suite 208 Kirby Brown Interested landowners can receive up to Nacogdoches, TX 75961 Texas Parks and Wildlife 100% financial assistance in return for a (409) 569-9428 4200 Smith School Road minimum 10-year agreement. Fax: (409) 569-6349

Summary Table: Federal Programs Providing Financial and Other Incentives for Wetlands Protection

Program Summary Eligibility Contacts/Availability Financial Assistance

Challenge Cost Share Program Land: Projects may occur on National USFWS Matched 50/50. Program promotes the management, Wildlife Refuges, fish hatcheries, restoration and enhancement of fish and research facilities, and private lands. Nationwide wildlife resources and natural habitats Funds provided by the USFWS for proj- on public and private lands in partner- ects cannot be matched with other fed- ship with nonfederal entities. eral funds and are matched 50/50.

Conservation Contract Program Time period: 10, 30 and 50 year FSA, NRCS, USFWS Debt reduction on FSA The Conservation Contract Program easements. loans. allows landowners to reduce their FmHA Nationwide debt in exchange for a permanent con- Other: Landowner must have borrowed servation easement on valuable lands, from the FmHA. Debt reduction ease- including wetlands. ments will not apply to debts with other lending institutions.

Conservation Reserve Program Time period: at least 10 years. FSA Receive annual rental pay- CRP encourages landowners to enroll ment for land while in highly erodible cropland or land con- Land (must have one or more): Nationwide Reserve, not to exceed tributing to a serious water quality prob- planted as an agricultural commodity for $50,000 annually; 50% lem in the Reserve for 10 or 15 years. 2 years out of the most recent 5 years; cost-share for establishing Landowners receive annual rental pay- evidence of scour erosion; contributing vegetation. ments, technical assistance, and cost- to or creating a water quality problem; sharing. Purpose is to reduce soil ero- EPA designated wellhead area; participat- sion and sedimentation, improve water ing in easement practices. quality, maintain fish, and wildlife habi- tat, and provide support income to the landowner.

30 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S Program Summary Eligibility Contacts/Availability Financial Assistance

East Texas Wetlands Project (ETWP) Time Period: 10-year minimum USFWS, TPW, NRCS, Program guidelines not The project will provide landowners agreement. Ducks Unlimited finalized at press. with technical assistance and/or finan- cial incentives to restore, enhance, East Texas and/or create natural or man-made wetlands and associated upland habitats within the Texas portion of the Lower Mississippi Valley Joint Venture initiative area.

Environmental Quality Incentives Time Period: EQIP offers 5- to 10-year NRCS, FSA, Extension Cost-sharing may pay up to Program contracts that provide incentive pay- Service 75 percent of the costs. The Environmental Quality Incentives ments and cost-sharing for conservation Program (EQIP) was established in the practices called for in the site-specific The program is available in 1996 Farm Bill to provide a voluntary plan. Contract applications will be every State, with an empha- conservation program for farmers and accepted throughout the year. sis on either state-identified ranchers who face serious threats to soil, priority areas or significant water, and related natural resources. statewide concerns. EQIP provides technical, financial, and educational assistance primarily in des- ignated priority areas, with half of it targeted to livestock-related natural resource concerns and the remainder to other significant conservation priorities. Eligibility is limited to persons who are engaged in livestock or agricultural production. Eligible land includes crop- land, rangeland, pasture, forestland, and other farm or ranch lands where the program is delivered.

Forestry Incentives Program (FIP) Time period: 10-year maintenance TFS, USFS, NRCS Cost-shared up to 50%. FIP provides technical and cost-shared agreement. Maximum annual agency assistance to landowners participating in Primarily East Texas cost-share is $10,000. any one of the four national forestry Land: FIP is limited to landowners of 10 Pineywoods practices eligible under FIP: tree plant- to 1,000 acres. Exceptions to the acreage ing, improving a stand of forest trees, limitation may be obtained for up to site preparation for natural regeneration 5,000 acres. FIP is offered only in desig- of trees, special forestry practices. FIP nated counties where a suitable number may apply to wetlands conservation and of ownerships capable of producing at restoration of wooded swamps least 50 cubic feet of timber per year each exist. Ornamental, Christmas tree production, and orchard tree plantings are not eligible for FIP funding.

North American Wetlands Time Period: minimum 10-year USFWS Federal funding must be Conservation Act of 1989 (NAWCA) agreement or a 5-year agreement for matched one-to-one with a Encourages partnerships among public demonstration projects. Nationwide non-federal source. agencies and other interests within the United States, Canada, and Mexico to Other: Projects involving acquisition, protect, enhance, restore, and manage restoration, enhancement, creation, wetland ecosystems and other habitats management, and other activities that for migratory species, especially birds, conserve wetland ecosystems and the and their habitats. The Act provides fish and wildlife that depend on such funding for wetlands conservation proj- habitats are eligible for the Act or ects involving acquisition, restoration, matching partner funds. Areas of special and enhancement. concern and larger areas are usually given priority in grant consideration.

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 31 Program Summary Eligibility Contacts/Availability Financial Assistance

North American Waterfowl Any landowner (federal, state, group, USFWS, TPW, Ducks Funding variable with Joint Management Plan (NAWMP) or individual) with property of signifi- Unlimited, NRCS, WHAT Venture. NAWMP’s purpose is to protect, restore, cance to waterfowl and other and enhance wetlands important to wetland-dependent species who wishes Three regions in Texas: the waterfowl and other wetland-dependent to restore or enhance land may apply. Gulf Coast, Playa Lakes, and bird species in North America. The plan Lower Mississippi Valley is implemented at the grassroots level by (East Texas) partnerships called joint ventures. Landowners of wetlands significant to waterfowl may receive technical and financial assistance through a variety of cooperative programs within their geographic area.

Partners for Fish and Wildlife Time period: 10 or more years; USFWS Cost-shared up to 100% of Program (PFW) demonstration projects may be less than total cost. Demonstration The objectives of PFW programs are to 10 years. Nationwide projects 50% cost-shared, restore, enhance, and manage wetlands not to exceed $5,000 if less for fish and wildlife habitat; promote Land: Any wetland is eligible for than 10 years. profitable land use for agriculture, indus- restoration. Special consideration is try, and private landowners; and pro- given to projects meeting specified mote a wise and lasting land-use ethic. criteria (refer to program description). The program focuses on re-establishment Agricultural practices that do not con- of original natural communities. Pro- flict with conservation purposes are gram offers technical and cost-shared allowed on restoration sites. assistance to landowners who wish to restore wildlife habitat, including degraded or converted wetlands and those upland habitats that meet specific eligibility criteria.

Texas Prairie Wetlands Project (PWP) Time period: 10-year minimum USFWS, TPW, Ducks Cost-shared up to 75% or The Texas Prairie Wetlands Project, agreement. Unlimited, NRCS 100% where supplemental designed to accomplish the goals and water is provided. objectives of the Gulf Coast Joint Land: Must be 5 acres minimum, have 28 Gulf Coast counties Venture, is a partnership effort to surface water potential for at least restore, create or enhance wetlands 4 months from September to May. beneficial for waterfowl and other wildlife use in 28 Gulf Coast counties. In exchange for financial and technical incentives, landowners develop a man- agement plan, which may include management of water on cropped lands, restoration of converted wetlands, enhancement of natural wetlands or cre- ation of wetlands on non-wetland sites.

Wetlands Reserve Program (WRP) Time period: permanent and 30-year NRCS Participants receive ease- WRP establishes conservation easements easements are available. ment payment based on the for which private landowners receive Nationwide “agricultural value” of the payments and cost-shared assistance for Land: no acreage limit. Eligible lands land after restoration is restoring and protecting wetlands on include cropped wetlands and prior- complete; up to 100% their property. WRP provides an excel- converted cropland, adjacent function- cost-shared assistance for lent financial incentive to retire mar- ally related uplands, natural wetlands restoration. ginal cropland while retaining some are eligible as adjacent lands, and ripar- agricultural and recreational uses. ian areas must link protected wetlands. (public lands, easements, etc.)

32 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S Program Summary Eligibility Contacts/Availability Financial Assistance

Wildlife Habitat Incentives Time Period: generally 5- or 10-year NRCS The program provides Program (WHIP) agreements. technical assistance and up The Wildlife Habitat Incentives Program Lands are eligible statewide to 75% project costs. (WHIP) is a voluntary program for peo- Land: Landowner agrees to install and based on established pro- ple who want to develop and improve maintain all WHIP practices. gram priorities. wildlife habitat primarily on private lands. It provides both technical assis- tance and cost-share payments to help establish and improve fish and wildlife habitat. WHIP funds are distributed to States based on State wildlife habitat pri- orities, which may include wildlife habi- tat areas, targeted species and their habitats, and specific practices.

Summary Table: State Programs Providing Financial and Other Incentives for Wetlands Protection

Program Summary Eligibility Contacts/Availability Financial Assistance

Forested Wetlands Incentive Time period: 15-year agreements. TPW Landowners must provide a Program (FWIP) 15% cost-share, which may The Forested Wetlands Incentive Non-industrial private landowners Eastern Texas be in-kind and/or cash. Program is a pilot project providing owning bottomlands in eastern Texas eastern Texas landowners with funds to will have priority for funding. use sustainable forestry practices that produces bottomland hardwood sawtim- ber and improved wildlife habitat.

Landowner Incentive Program (LIP) Time Period: no set length of the TPW There is a minimum of a Most rare species inhabit privately agreements. 20% landowner match for owned and managed lands in Texas. Statewide the projects. Incentive programs to assist private landowners in protecting and managing habitat for rare species can have a direct and positive impact on their conserva- tion. It is the goal of this program to provide financial incentives that encour- age landowners to help conserve rare species and their habitat. The program is flexible and is open to all private landowners that have a desire to voluntarily manage habitat for rare species on their land. TPW prefer projects with results being able to be documented within 5 years.

MARSH Time period: long-term habitat Ducks Unlimited Cost-shared assistance up to Matching Aid to Restore States agreements. Nationwide 50%. Costs exceeding this Habitat Program amount require special MARSH provides matching funds to pub- Land: Ducks Unlimited will consider approval. lic agencies and private cooperators for proposals from any public agency or pri- projects significantly benefiting water- vate conservation group that is (1) able fowl. Projects that will receive first con- to execute long-term habitat agreements, sideration are those that lead to the (2) capable of delivering and managing protection or restoration of North Ameri- the projects proposed, and (3) willing to can Waterfowl Management Plan assume all liability associated with the (NAWMP) sites, and those that protect project. and enhance other important waterfowl habitat. Preference is also given to proj- ects that benefit non-game, threatened or endangered species, and are in unique habitats or ecosystems having high pub- lic visibility or interpretive value.

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 33 Program Summary Eligibility Contacts/Availability Financial Assistance

Private Lands and Habitat Time period: None required. TPW This program provides Program (PLHP) technical assistance only. The goal of the Private Lands and Land: Landowners interested in Statewide Habitat Program is to provide technical conserving and managing wildlife assistance to land managers in the habitats on their property. conservation and development of vari- ous wildlife populations that utilize habitat found on landowner’s property. This service is strictly advisory and is provided without charge to cooperating landowners.

Private Lands Initiative (PLI) Time period: 10-year minimum TPW Cost-shared by the The Texas Private Lands Initiative (PLI) (negotiable). landowner and National is a voluntary program, in which Statewide Fish and Wildlife Founda- landowners enhance wildlife habitat Land: Landowner maintains tion. Funding is dependent through partnerships on their lands, improvements. on availability of grants. including wetlands. TPW has identified 16 types of projects to enhance habitat on private lands. In wetland areas, these projects may include moist soil manage- ment, pumping agreements, and fencing.

Wetland Habitat Alliance of Texas Time Period: 10-year minimum. WHAT Up to 100% financial (WHAT) assistance. WHAT solicits funds for projects such as Land: Any landowner interested in Statewide management of water on cropped wet- accomplishing the same goals as WHAT lands, restoration of converted wetlands, is eligible to participate. enhancement of natural wetlands, and creation of wetlands on non-wetland sites. The cooperator maintains owner- ship of the land upon completion of the project.

Some programs, like the Texas Private Lands Initiative, provide financial assistance for fencing to manage grazing. ©Texas Dept. of Agriculture

Federal Regulations Clean Water Act: Section 404(b)(1) of the Act. Section 404 is the applications, the Corps determines compli- primary federal program regulating activi- ance with Section 404(b)(1) guidelines 404 [33 U.S.C. § 1344 ties in wetlands. The Section 404 program and carries out a public-interest review. (1986 & Supp. 1991)] is administered by both the U.S. Army This review involves balancing such Corps of Engineers (Corps) and the U.S. public-interest factors as conservation, eco- The U.S. Congress enacted the Clean Water Environmental Protection Agency (EPA), nomics, aesthetics, wetlands protection, Act (the Act) to “restore and maintain the chemical, physical, and biological integrity while the U.S. Fish and Wildlife Service cultural values, navigation, fish and of the Nation’s waters.” Section 404 of the (USFWS), National Marine Fisheries Ser- wildlife values, water supply, and water Clean Water Act regulates the placement of vice (NMFS) and several state agencies quality. The Corps also considers com- dredged and fill material into waters of play important advisory roles. ments received from the EPA, USFWS, the United States, including wetlands. The The Corps has primary responsibility NMFS, and state resource agencies. Act authorizes the issuance of permits for for the permit program and is authorized, EPA is responsible for reviewing and such discharges as long as the proposed after notice and opportunity for a public commenting on permit applications being activity complies with environmental hearing, to issue Section 404 permits. In evaluated by the Corps. In addition, EPA’s requirements specified in Section evaluating individual Section 404 permit responsibilities include the following:

34 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S • Environmental guidelines: EPA and subject of extensive litigation. In 1975, the tion and therefore not meeting all three the Corps are responsible for estab- courts confirmed that Congress had criteria. Thus, farmed wetlands that dis- lishing the environmental criteria intended that the Section 404 program be play hydric soils and wetland hydrology used in permitting (referred to as broadly applied to all “waters of the may still be considered wetlands even the Section 404(b)(1) guidelines). United States,” not just traditionally navi- though crops have replaced aquatic vegeta- • Veto power: EPA can veto a Corps gable waters. This phrase includes waters tion. permit decision (Section 404(c)) if which are currently used, were used in the the proposed activity would have past, or may be susceptible to use in inter- Activities Regulated By Section 404 certain unacceptable adverse state or foreign commerce, including: Section 404 regulates only the discharge impacts on the resource, including • all waters which are subject to the of dredge or fill material into “waters of unacceptable effects on municipal ebb and flow of the tide; the United States.” Discharges of dredged water supplies, shellfish beds and • the territorial sea; and fill material are commonly associated fishery areas (including spawning • interstate waters and wetlands; with activities such as port development, and breeding areas), wildlife or • all other waters (such as intrastate channel construction and maintenance, recreation areas. lakes, rivers, streams, and wet- fills to create development sites, trans- • Exemptions: EPA determines the lands), if their use, degradation or portation improvements, and water applicability of exemptions speci- destruction could affect interstate resource projects (such as dams, jetties, fied in Section 404(f) to the permit- or foreign commerce; and levees). Excavation activities (e.g. ting requirements. • tributaries to waters or wetlands mechanized land clearing, ditching, chan- • Enforcement: EPA takes enforcement identified above; and nelization, runoff from disposal areas, and actions against people conducting • wetlands adjacent to waters others) also result in at least some dis- unauthorized discharges of dredged identified above. charge of dredged materials, and are thus or fill material into wetlands and In determining waters that are within regulated. other waters of the United States the scope of the Clean Water Act, Congress Some activities which can adversely (Section 309). EPA shares this intended to assert federal jurisdiction to affect or destroy wetlands do not involve enforcement authority with the the broadest extent permissible under the the discharging of dredged or fill materi- Corps. commerce clause of the Constitution. One als into U.S. waters, and are therefore not The environmental guidelines used to factor that establishes a commerce connec- regulated under Section 404. These activi- evaluate Section 404 permits generally tion is the use or potential use of waters ties include maintenance draining (not prohibit discharges of dredged or fill mate- for navigation. Other factors include (but new drainage), clearing, flooding, burning, rial into U.S. waters unless the following are not limited to) use of wetland (or and soil removal, to name a few. conditions apply: other water) as habitat by migratory birds, Under the Clean Water Act, certain • There is no available, practicable including waterfowl, use by federal listed activities are exempt from permitting alternative with fewer adverse endangered species or for recreation by requirements (§404(f)(1)). These activities effects on the . interstate visitors. include: • Dischargers will neither violate As defined in Section 404 program • normal farming, silviculture, and other applicable regulations or laws regulations, wetlands are “those areas that ranching practices; (e.g., state water quality standards, are inundated or saturated with surface or • maintenance, including emergency toxic effluent standards, Endan- groundwater at a frequency and duration reconstruction of recently damaged gered Species Act), nor significantly sufficient to support, and that under nor- parts of currently serviceable struc- degrade the waters into which they mal circumstances do support, a preva- tures such as dikes, dams, levees, discharge. lence of vegetation typically adapted for groins, rip rap, breakwaters, cause- • All appropriate and practicable life in saturated soil conditions.” In apply- ways, bridge abutments or steps have been taken to avoid, ing this definition in the field, govern- approaches, and transportation minimize and otherwise mitigate ment agency scientists use indicators of structures; impacts on the aquatic ecosystem. vegetation that has adapted to life in wet • construction or maintenance of • The activity is water-dependent. environments (hydrophytic vegetation), farm or stock ponds or irrigation A February 6, 1990, Memorandum of hydric (anaerobic) soils and hydrology to ditches or the maintenance (but not Agreement between EPA and the Corps identify wetlands and to establish their construction) of drainage ditches; clarified that mitigation should occur in boundaries. In order for a wetland to be • construction of temporary sedimen- the following sequence: (1) avoidance of considered “jurisdictional” and therefore tation basins on a construction site, impacts through evaluation of practicable subject to Section 404 permit review, an which does not include placement alternatives; (2) minimization of impacts; area must have all three criteria (vegeta- of fill material into waters of the and (3) compensation for unavoidable tion, soils, hydrology) present under nor- United States; and impacts through restoration or creation. mal circumstances to be considered a • construction or maintenance of wetland. The “normal circumstances” crite- farm or forest roads or temporary Geographic Scope of Section 404 rion prevents the individual from eliminat- roads for moving mining equipment The geographic scope of regulatory ing the permit review requirements under if best management practices are authority under Section 404 has been the Section 404 by destroying aquatic vegeta- followed.

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 35 Section 404(f)(1) is not intended to The most significant general permits Guidelines only if all appropriate and prac- exempt activities with more than minor are called nationwide permits, because ticable steps are taken to minimize (i.e., impacts on aquatic resources. The exemp- they apply throughout the country. Forty mitigate) the adverse impacts of the dis- tions do not apply if the discharge is part nationwide permits exist. In some cases, charge on the aquatic ecosystem, including of, or incidental to, an activity whose pur- the landowner is not required to inform compensating for unavoidable impacts. pose is to convert an area of the waters of the Corps before proceeding with the activ- In addition to the evaluation con- the United States into a use to which it ity. However, it is a good idea to write the ducted by the Corps under the Guidelines was not previously subject, where the flow Corps and request a verification that the and their public interest review, the permit or circulation of waters of the United activity qualifies for a nationwide permit application must comply with several other States may be impaired or the reach of to avoid potential legal challenges in the regulations, including (but not limited to): such waters reduced. In other words, activ- future. Some activities included under • Section 401 of the Clean Water Act ities normally considered exempt (e.g., nationwide permits include installing aids requires that the state in which an normal farming) will not be exempt if to navigation, minor discharges and dredg- activity occurs must certify that the they are conducted with the intention of ing, wetland and riparian restoration and activity complies with the state’s converting wetlands into uplands. For creation activities, temporary construction, water quality requirements and example, a farmer would be required to boat ramps, and farm buildings. other applicable laws. obtain a permit for a discharge to convert • Similarly, in coastal states with fed- a wetland area to produce upland crops. Making the Permit Decision erally approved Coastal Zone Man- The Natural Resources Conservation Ser- The Corps’ evaluation of a Section 404 agement Programs, an applicant for vice is responsible for making all wetland permit application is a two part test a Section 404 permit must certify delineations on agricultural lands. involving (1) a determination of whether that the proposed activity complies the project complies with the Section with the policies of the state Introduction to the Permit Process 404(b)(1) Guidelines, and (2) a public Coastal Management Program. For Discharges can be authorized by either interest review. This public interest review the permit to be issued, the state individual or general permits under Sec- is a balancing test in which the public and must concur with the applicant’s tion 404. If an individual permit is private benefits of a project are compared certification. required, an application form describing against its adverse impacts to the environ- • The National Environmental Policy the proposed activity is submitted to the ment. It includes such considerations as Act (NEPA) requires that the Corps Corps. Once a complete application is conservation, economics, aesthetics, wet- conduct an Environmental Assess- received, the permitting agency issues a lands protection, cultural values, naviga- ment to determine whether an Envi- public notice containing the information tion, fish and wildlife values, water supply, ronmental Impacts Statement (EIS) needed to evaluate the likely impact of the water quality, energy needs and flood is required. An EIS is required for proposed activity. Notice is sent to all damage prevention. The Corps also consid- “major federal activities significantly interested parties, including appropriate ers all comments received in the permit affecting the environment.” Conse- government agencies at the federal, state, process, whether in response to a public quently, EIS’s are rarely required in and local level, and others as requested. notice or a public hearing. A permit must typical permit applications. Any person may request that a public hear- be denied if the project fails to comply Compliance with these Acts does not ing be held to consider the application. with the Guidelines or is found to be con- require any additional effort by the The Corps is authorized to issue gen- trary to the public interest. landowner; the Corps ensures that these eral permits on a nationwide, state, or The Section 404(b)(1) Guidelines authorizations are obtained as part of the regional basis for categories of activities (Guidelines), published by EPA in conjunc- application process. that have minimal individual and cumula- tion with the Corps, contain substantive Landowners considering manipulation tive impacts. General permits are issued environmental criteria used in evaluating of wetlands on their property are advised for five-year periods. They allow certain discharges of dredged or fill material. to be aware of and understand the regula- activities to occur without individual fed- Under the Guidelines, no discharge can be tory programs or laws protecting wetland eral permit approval as long as the dis- permitted if there is a practicable alterna- resources. Contact your nearest Corps charger complies with standard conditions tive with less adverse impact on the office prior to undertaking wetlands activi- issued by the Corps. General permits elim- aquatic environment (unless the identified ties on your property. inate individual review and thus allow cer- alternative poses other significant environ- Contacts for permit information, tain activities to occur with little, if any, mental problems). determination of permit requirements, and delay or paperwork. Once issued, a general No discharge can be permitted under permit application forms are found in permit may be modified or revoked if the the Guidelines if it would violate other Appendix II. permitted activities are found to have had applicable laws, such as State water quality adverse environmental impacts. On a standards, toxic effluent standards, or the Enforcement of Section 404 case-by-case basis, the permitting agency Endangered Species Act. The Guidelines A 1989 Memorandum of Agreement (MOA) may invoke discretionary authority and also prohibit any discharge that would between the Department of the Army and require a discharger that would otherwise cause or contribute to significant degrada- Environmental Protection Agency estab- be covered by a general permit to apply tion of waters of the United States. In addi- lished policies and procedures between the for an individual permit. tion, discharges can be permitted under the two entities for federal implementation and

36 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S enforcement of Section 404 of the Clean do not meet these requirements will not Water Act. The primary purpose of this receive a State Water Quality Certification, MOA is to maintain the integrity of the 404 and thus cannot be issued. Section 401 cer- program through enforcement of permit tification authority is most often used in requirements while reducing overlap of association with U.S. Army Corps of Engi- responsibilities between the two agencies. neers permits under Section 404 of the The Corps, as the permitting agency, Clean Water Act. Other programs include has primary responsibility for investigat- Sections 9 and 10 of the Rivers and Har- ing the majority of enforcement cases bors Act, and permits or licenses issued involving unpermitted discharges as well under the National Pollutant Discharge as for all Corps-issued permit violations. Elimination System (NPDES) of Section 402 The EPA can also enforce against of the Clean Water Act. non-compliance with permit conditions. EPA This certification process is routinely generally focuses its resources towards dis- delegated in whole or in part to the state covering and enforcing against unpermitted agency with the authority to regulate the (unauthorized) discharges when the activity quality of state waters. In Texas, the Texas involves one or more of the following: Natural Resources Conservation Commis- • repeat violator(s); sion (TNRCC) provides a Section 401 certi- • flagrant violation(s); fication to the Corps indicating that the • a Corps determination that an proposed activity will comply with the administrative penalty is war- applicable sections of the Clean Water Act ranted; pursuant to the Section 404 permitting pro- • an EPA request to the Corps that a gram, and that such activity will not particular case or category of cases adversely affect the quality of state waters. be referred to the EPA. A Section 404 permit for activities in wet- Anyone in violation of the Section 404 lands cannot be issued by the Corps until program, either by conducting an unautho- this certification from TNRCC has been rized activity or by violating permit condi- obtained or waived as provided by federal tions, is subject to civil or criminal action law. Further, no Section 404 permit shall be or both. Penalties can be imposed by the granted if the Section 401 certification has agencies administratively, that is, without been denied by TNRCC. Texas oil and gas use of judicial procedures. When judicial activities covered by Section 404 are certi- action is pursued, the violator may be fied by the Railroad Commission of Texas. required to restore the site and may be The U.S. Environmental Protection subject to payment of fines, imprisonment Agency (EPA) encourages states to define or both. The agencies and the courts may protection of water quality broadly to require restoration of the site and/or miti- include protection of aquatic life, wildlife, Drawing courtesy of North Carolina gation at the expense of the violator, often aquatic habitat, vegetation, and hydrology Agricultural in addition to other penalties. required to maintain the aquatic system. Research Service Currently, Texas addresses only aquatic Clean Water Act: life. Certification is based on whether a Barn-yard grass proposed activity would meet require- Echinochloa spp. Section 401 Water Quality ments for conventional and nonconven- (found in freshwater marshes, provides Certification [33 U.S.C. tional pollutants, water quality standards, exceptional waterfowl forage) § 1341 (1986)] Section 401 of the Clean Water Act, the State Water Quality Certification program, requires that states certify compliance of federal permits or licenses with state water Riparian corridors are quality requirements and other applicable valuable to wildlife as places state laws. Under Section 401, states have of refuge, travel lanes, and authority to review any federal permit or feeding and nesting. ©TPW license that may result in a discharge to wetlands and other waters under state jurisdiction, to ensure that the actions would be consistent with the state’s water quality requirements. Federal permits that

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 37 new source performance standards, and Section 10, Rivers and Endangered Species Act requirements for toxic pollutants (and any Harbors Act of 1899 U.S. Fish and Wildlife Service more stringent, relevant state law or regu- The Endangered Species Act requires fed- lation). Certification can address physical, United States Army Corps of Engineers eral agencies to conserve endangered and chemical, and biological impacts, depend- Section 10 of the Rivers and Harbors Act of threatened species. It prohibits any person ing on how a state designs and applies its 1899 requires a permit for dredging or the from “taking” endangered or threatened water quality standards and other appro- placement of fill or structures in navigable animal or plant species. “Taking” is inter- priate requirements of state law. Currently, waters of the United States. “Navigable preted broadly to include killing, harass- Texas does not address biological criteria. waters” have been defined by the U.S. Army ing, or harming a protected species. The However, in response to legislative Corps of Engineers (Corps) as “those definition of “harm” includes modifying or action during the 1999 session, TNRCC waters that are subject to the ebb and flow degrading a species’ habitat such that the has recently completed rulemaking of the tide and/or are presently used, or change would significantly impair breed- intended to eliminate duplication between have been used in the past, or may be sus- ing, feeding or shelter and would result in its 401 certification program and the ceptible for use to transport interstate or injury to the species. U.S. Army Corps of Engineers review foreign commerce.” This includes the ability Under Section 7 of this Act, all federal process. TNRCC would still be responsible to float a water body and/or use by migra- agencies must ensure that their actions are for certifying projects for “federally dele- tory birds. Section 10 is similar to Section not likely to jeopardize the continued exis- gated or approved programs,” which may 404 of the Clean Water Act; however, Sec- tence of any endangered or threatened include projects located within the Coastal tion 404 covers all waters of the United species or adversely modify or destroy any Management Program boundaries. For States without regard to their navigability of their habitat. These requirements apply updates on Section 401 status, please and is therefore much broader in scope to all activities carried out, funded, or reg- refer to www.tnrcc.state.tx.us or phone than Section 10. Because of the broader ulated by a federal agency, including activ- (512) 239-1000. geographic reach of Section 404, Section 10 ities in wetlands. is often not applicable to wetlands. The A state can propose or support the Clean Water Act Nationwide Corps typically combines Section 10 and listing of wetlands-dependent species, Permit 27 Section 404 review where their coverage thereby bringing the Act’s protection to overlaps in an individual permit request. A bear on its wetlands. Listing, however, is Nationwide Permit 27 of the Clean Water proposed project may require one permit or based on the status of the species and is Act (see Introduction to the Permit the other, or may require both. For exam- not simply an attempt to protect wetlands. Process, Section 404, above for an explana- ple, projects that may require a Section 10 States can identify potential species, con- tion of nationwide permits) allows lands permit but not a Section 404 permit are duct the research necessary to determine that have been converted to non-tidal wet- those that occur in navigable U.S. waters status, and, if needed, petition the federal lands, through landowner agreements but do not require placement of fill into government to include these species. States between the USFWS or the NRCS, to be those waters, and include: channel may also seek to engage landowners in reverted to prior condition and used clean-out, vegetative clearing, and marina conservation agreements that may pre- within five years without requirement of expansion that requires no fill or dredging. clude the need for listing. an individual Section 404 permit or Filling in a waterway or a wetland on a The federal government is also sup- review by the Army Corps of Engineers. non-navigable river or stream requires only posed to designate “critical habitat” for a “Prior condition” is the condition as of the a Section 404 permit. Contact the nearest species at the time it is listed. As noted, initial effective date of the agreement as it Corps office to insure compliance with Sec- federal agencies are not authorized to mod- is documented by either the USFWS repre- tion 10 and/or Section 404 when a project ify adversely or destroy critical habitat. sentative and/or the NRCS representative. may concern a waterway or a wetland. For listed species, the U.S. Fish and Wildlife Service is required to prepare “recovery plans” that outline a strategy to conserve and recover the species. Recovery plans should outline habitat protection and other steps necessary for the conser- vation of the species. States and other stakeholders often play a role in the devel- opment of recovery plans. Under Section 10, permits can be issued that allow the “taking” of endan- gered or threatened species that occurs incidentally to otherwise lawful activities. Long term habitat conservation plans (HCPs) must be developed as part of the permit application process. States may Caddo Lake wish to initiate or participate in the prepa- ©Dan Moulton

38 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S ration of HCPs and to advocate for wet- eligibility for almost all farm program ben- When applying for federal farm pro- lands protection as part of the plans. How- efits on all acres operated by a grower gram benefits, landowners indicate ever, HCPs may be of limited use for who either converts a wetland or plants whether they plan to manipulate any “wet” wetlands protection because they require on a converted wetland. Benefits that may areas. If so, the USDA must determine if the presence of a federally listed endan- be withheld include: these “wet” areas are wetlands. Conversion gered or threatened species. In addition, • farm storage facility loans under of wetlands may result in they are intended for activities not subject the Commodity Credit Corporation violations. For violations, USDA must con- to federal permits, and many wetlands (CCC) Charter Act; duct a site visit before reducing program activities require federal permits. • disaster payments under the Agri- benefits. A violator can regain eligibility cultural Act of 1949; for future farm program benefits by restor- Food, Agriculture, • crop insurance under the Federal ing the converted wetland to its original Conservation and Trade Crop Insurance Act; condition. Landowners may, however, pre- • FmHA loans payment for storage of pare a mitigation plan that allows them to Act of 1990 (Swampbuster an agricultural commodity under produce an agricultural commodity on con- Provisions) the CCC Charter Act. verted wetlands that were either fre- United States Department of • Program benefits may be lost in the quently cropped, or converted between Agriculture (USDA) following programs: Agricultural 1985 and 1990, in exchange for restoring The Swampbuster Provisions are part of Conservation Program (ACP), Emer- prior converted cropland on their prop- the amended 1990 Food, Agriculture, gency Conservation Program (ECP), erty. Mitigation plans must be approved Conservation and Trade Act (1990 Farm Small Watershed Program (SWP), prior to conversion of the wetlands. Bill). Swampbuster withholds USDA bene- Conservation Reserve Program Landowners should contact the Farm Ser- fits to farmers who convert wetlands into (CRP), Environmental Easement vice Agency before working on any poten- croplands after December 23, 1985. Program (EEP), disaster assistance tial wetland areas on their land to avoid Swampbuster reduces the incentives to for tree planting, and Water Quality forfeiting USDA benefits, and to learn convert wetlands to croplands by denying Protection Programs (WQP). more about preparing mitigation plans.

State Programs and Regulations Best Management men. Workshop participants have given have aired extensively in East Texas. A the workshop a 98% recommendation rate cooperative billboard, funded by the TFS Practices Project for others to attend. Other workshops for and each of the four major timber compa- Texas Forest Service logging professionals cover wetlands, nies in the area, was installed along a With cooperative funding from the Envi- endangered species, silviculture, and major highway. It can be viewed by occu- ronmental Protection Agency and the wildlife habitat. pants of 11,000 vehicles per day. Texas State Soil and Water Conservation A Wetland/BMP Coordinating Commit- Recognizing that unpaved county roads Board, the TFS implemented an educa- tee, chaired by the BMP Project Leader, can have a major water quality impact, the tional project encouraging forest landown- meets every nine months and consists of BMP Project has provided water quality ers, loggers and foresters to voluntarily representatives from all major agencies awareness training to county road crews implement forestry best management prac- and entities involved in forestry, wetlands, and county commissioners. This newly tices (BMPs). Texas forestry BMPs protect water quality in Texas. This group ensures formed relationship is expected to be mutu- water quality and address planning, road that communication channels among vari- ally beneficial due to the natural linkages construction and maintenance, harvesting, ous agencies remain open. between forest industry and county roads. site preparation and planting, prescribed BMP demonstration forests are located Landowner workshops have been con- burning, silvicultural chemicals, and on state lands in East Texas and are avail- ducted in areas of the state where county Streamside Management Zones (SMZs). able for loggers, landowners or land man- landowner associations have been lacking. Major educational components of the agers to see side-by-side demonstrations of These workshops provided informational BMP Project currently include a program various BMPs. To accommodate those who resources for landowners on not just water on Continuing Education for logging pro- are unable to visit a state forest, virtual quality, but also other stewardship issues fessionals on Best Management Practices. tours of these demonstration areas can be like tree planting, wildlife and sustainable This program, while initiated by the TFS found on the TFS home page at forestry. BMP Project, now works cooperatively www.txforestservice.tamu.edu. In 1998, the TFS BMP Project received with the TFA and the SFI. Nearly 60 day- Educational efforts have included the Governor’s Environmental Excellence long workshops all across East Texas have extensive use of radio, television, bill- Award for its outstanding educational provided in-depth BMP training both in boards, and newspapers to reach forest efforts. the field and in the classroom to nearly landowners and the general public. Thirty- The TFS BMP Project expects to con- 1,300 logging contractors and crew fore- second television commercials on BMPs centrate educational efforts in the Cypress

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 39 Basin area of Northeast Texas through • Development in Critical Areas, • The CMP does not add new regula- 2002. This highly sensitive watershed is a which include coastal wetlands, tory requirements for wetlands, but great location to target educational efforts, tidal sand and , oyster it is based primarily on current reg- though a statewide presence will still be reefs, and seagrass beds; ulations and authorities, such as maintained. Monitoring for BMP compli- • Construction of waterfront facilities Sections 404 and 401 of the Clean ance will continue to occur to evaluate on submerged lands; Water Act, and no new permits are the effectiveness of this non-regulatory • Development within coastal barrier required. More information on the BMP program. resource systems; and, CMP can be obtained by calling • Instream flows and freshwater (512) 463-5385 or 475-1468. Texas Coastal inflows to waters under tidal influence. Water Diversion under Management Program The rules explicitly state that the Texas General Land Office Council will not apply the goals and the Texas Water Code The Texas Coastal Management Program policies in a manner that would result in (Section 11.121) (CMP) was developed to more effectively the taking, damage, or destruction of Texas Natural Resources and efficiently manage coastal natural property, without adequate compensation, Conservation Commission resource areas and the uses that affect by the Council. The CMP covers 18 coastal them. The CMP is a tool for balancing pro- counties that contain tidal waters (Orange, The Texas Water Code states that individu- tection of coastal natural resources with Jefferson, Chambers, Harris, Galveston, als cannot appropriate state water, or begin encouragement of economic growth. The Brazoria, Matagorda, Jackson, Victoria, construction of any work designed for the Coastal Coordination Council, comprised Calhoun, Refugio, Aransas, San Patricio, storage, taking, or diversion of water, with- of state, local, and public representatives, Nueces, Kleberg, Kenedy, Willacy, out first obtaining a permit from the Texas was formed to coordinate the current Cameron). The following management Natural Resources Conservation Commis- coastal programs, statutes, and rules policies related to wetlands are included sion for the appropriation. However, per- administered by federal, state, and local in the CMP: sons wishing to construct for personal use agencies. The Council’s rules establishing • The CMP contains policies for mini- on their own property a dam or reservoir CMP goals and policies are based on exist- mizing adverse effects of coastal to impound or contain not more than 200 ing local, state and federal law and regula- activities on coastal wetlands; acre-feet of water for domestic and live- tions. A major role of the Coastal • Coastal wetlands are defined stock purposes, including wildlife habitat, Coordination Council is to review agency according to the current federal are exempt from this permit requirement. actions for consistency with the goals and jurisdictional definition. The inland For more information, please contact the policies. Policies of greatest interest to boundary of coastal wetlands fol- Texas Natural Resources Conservation Com- landowners address: lows TNRCC tidal segment bound- mission, Water Policy and Regulations Divi- • Oil and gas development, waste aries and road boundaries in the sion at (512) 239-4805. discharge, and oil spills; Oil Spill Prevention and Response • Non-point source pollution Act of 1991; (includes only the voluntary pro- • The goal for protection of coastal gram of the State Soil and Water wetlands is “no net loss of func- Conservation Board); tions and values;”

Landowners can receive financial assistance for Drawing courtesy of water control structures North Carolina such as this one to Agricultural manage water levels in Research Service their wetlands. ©TPW

Smooth Cord-grass Spartina alternif lora (found in saline marsh environments)

40 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S Appendix I — Programs and Contacts

Organizations and Program Contacts in Texas for • Playa Lakes Joint Venture Bill Johnson Abbreviations Wetland Incentive Programs Texas Parks and Wildlife P.O. Box 659 FSA Farm Service Agency Challenge Cost Share Program Canyon, TX 79105 Corps United States Army Corps of Sonya Brown (806) 655-3975 Engineers U.S. Fish and Wildlife Service CRP Conservation Reserve Program Refuges and Wildlife • Gulf Coast Joint Venture DU Ducks Unlimited, Inc. 500 Gold SW David S. Lobpries EPA U.S. Environmental Protection Albuquerque, NM 87103 Texas Parks and Wildlife Agency (505) 248-6824 6414 Deer Trail Drive EQIP Environmental Quality Incentives Wharton, TX 77488 Program Conservation Contract Program (409) 532-5517 FIP Forestry Incentive Program Robert C. Hopper • Lower Mississippi Valley FSP Forest Stewardship Program Chief of Farmer Programs Joint Venture FWIP Forested Wetland Incentive Farm Service Agency Carl D. Frentress Program 101 S. Main Street, Suite 102 Texas Parks and Wildlife GCJV Gulf Coast Joint Venture Temple, TX 76501 Route 3, Box 3273 GLO General Land Office (254) 774-1304 Athens, TX 75751 GPCP Great Plains Conservation Fax (254) 774-1477 (903) 675-4177 Program LIP Landowner Incentive Program Conservation Reserve Program Partners for Fish and Wildlife LMVJV Lower Mississippi Valley Joint Sammy Orange Program Venture Consolidated Farm Service Agency Mike McCollum MARSH Matching Aid to Restore States P.O. Box 2900 U.S. Fish and Wildlife Service Habitat College Station, TX 77841 711 Stadium Dr., Suite 252 NAWCA North American Wetlands (409) 260-9235 Arlington, TX 76011 Conservation Act Fax (409) 260-9488 (817) 885-7830 NAWMP North American Waterfowl Fax (817) 885-7835 Management Plan Wetlands Reserve Program NRCS Natural Resources Conservation Doug Sharer Texas Prairie Wetlands Project Service Natural Resources Conservation Service David Curtis PFW Partners for Wildlife Program 101 S. Main Street Texas Prairie Wetlands Project PLHP Private Lands and Habitat Temple, TX 76501-7682 U.S. Fish and Wildlife Service Program (254) 298-9825 312 S. Main Street, Room 310 PLI Private Lands Initiative Fax (254) 742-9848 Victoria, TX 77901 PLJV Playa Lakes Joint Venture (361) 576-0282 TPWP Texas Prairie Wetlands Project MARSH Program Fax: (361) 575-9537 SIP Stewardship Incentive Program Ed Ritter or TFS Texas Forest Service Ducks Unlimited, Inc. Craig LeSchack TNRCC Texas Natural Resources 2205 Ave. I, #114 Texas Prairie Wetlands Project Conservation Commission Rosenberg, TX 77471 Ducks Unlimited, Inc. TPW Texas Parks and Wildlife (281) 341-7968 2205 Ave. I, #114 USDA United States Department of Fax: (281) 341-6317 Rosenberg, TX 77471 Agriculture (281) 341-7968 USFS United States Forest Service North American Waterfowl Fax: (281) 341-6317 USFWS United States Fish and Wildlife Management Plan Service North American Wetlands Private Lands Initiative WHAT Wetland Habitat Alliance of Texas Conservation Act Private Lands and Habitat Program WHIP Wildlife Habitat Incentives Vernon Bevill Kirby Brown Program Texas Parks and Wildlife Texas Parks and Wildlife WRP Wetlands Reserve Program 4200 Smith School Road 4200 Smith School Road Austin, TX 78744 Austin, TX 78744 (512) 389-4578 (512) 389-4395 Fax (512) 389-4398 Fax (512) 389-4398

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 41 Forestry Incentive Program Region 2 Forest Stewardship Program North Central Tom Boggus Director: Roy D. Welch Texas Forest Service (TFS) 1601 East Crest College Station, TX 77843-2136 Waco, TX 76705 (409) 845-2641 (817) 799-2564 Fax (409) 845-5764 Region 3 Mark Freeman East Texas USDA-NRCS Director: Nathan 101 South Main Street Garner Temple, TX 76501 11942 FM 848 (254) 742-9822 Tyler, TX 75707 (903) 566-1626 Scotty Parsons Texas Parks and Wildlife Region 4 1805 E. Lufkin Ave. Coastal & South Texas Lufkin, TX 75901 Director: David Mabie (409) 639-1879 715 S. Hwy. 35 Rockport, TX 78382 Wetland Habitat Alliance of Texas (512) 729-2315 Eric Frasier WHAT Persons interested in receiving technical 118 E. Hospital, Suite 208 assistance for private lands enhancement Nacogdoches, TX 75961 should contact the above Wildlife Division (409) 569-9428 regional office for their respective area or Fax (409) 569-6349 contact: Kirby Brown, Program Director, Private Lands and Habitat Program, Texas The Private Lands and Parks and Wildlife, 4200 Smith School Habitat Program Road, Austin, Texas 78744, (512) 389-4395 Texas Parks and Wildlife

Region 1 Panhandle/West Texas Director: Ruben Cantu 3407 S. Chadbourne San Angelo, TX 76904 (915) 651-4748

Agencies like the Natural Resources Conservation Service provide technical assistance to landowners for wetland management. ©Texas Dept. of Agriculture

42 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S Appendix II — Federal and State Offices Federal Agencies West Texas Suboffice Natural Resources U.S. Fish and Wildlife Service Conservation Service Federal Information Center Contact the Arlington Office for the updated address and phone numbers. Washington, D.C. NRCS State Office 1 (800) 366-2998 U.S. Environmental Protection Agency 101 South Main Street Temple, TX 76501 USDA State Contacts U.S. Environmental Protection Agency (254) 742-9800 1445 Ross Avenue The above number can direct you to the NRCS State Office appropriate local USDA Service Center. 101 South Main Street Dallas, TX 75202-2733 Temple, TX 76501 (214) 665-8332 (254) 742-9800 Wetlands Hotline: 1 (800) 832-7828 Texas Agriculture Extension The above number can direct you to the Service Area Offices appropriate USDA Service Center. Texas State Agencies District 1 U.S. Army Corps of Engineers Texas Department of Agriculture Panhandle (Having jurisdiction in Texas) P.O. Box 12847 6500 Amarillo Blvd., W. Capitol Station Amarillo, TX 79106 Ft. Worth (817) 334-2681 Austin, TX 78711 (806) 359-5401 Galveston (409) 766-3930 (512) 463-7476 Fax (806) 358-9718 Tulsa (918) 581-7261 Albuquerque (505) 766-2776 Texas Forest Service District 2 Forest Resource Development Department South Plains USFWS Texas Regional Offices College Station, TX 77843-2136 Route 3, Box 213 AA (409) 845-2641 Lubbock, TX 79401-9746 U.S. Fish & Wildlife Service (806) 746-6101 Ecological Services Austin Field Office Texas General Land Office Fax (806) 746-6528 10711 Burnet Road, Suite 200 1700 N. Congress Hartland Bank Building Austin, TX 78701 District 3 Austin, TX 78758 (512) 463-5001 Rolling Plains (512) 490-0057 P.O. Box 2159 Fax (512) 490-0974 Texas Natural Resources Conservation Vernon, TX 76385-2159 Commission (817) 552-9941 Field Supervisor P.O. Box 13087 Fax (817) 553-4657 U.S. Fish & Wildlife Service Capitol Station 711 Stadium Drive, Suite 252 Austin, TX 78711-3087 District 4 Arlington, TX 76011 (512) 239-1000 North (817) 885-7830 17360 Coit Road Fax (817) 277-1100 Texas Parks and Wildlife Dallas, TX 75252-6599 4200 Smith School Road (214) 231-5362 Field Supervisor Austin, TX 78744 Fax (214) 231-5600 U.S. Fish & Wildlife Service (512) 389-4800 17629 El Camino Real, Suite 211 District 5 Houston, TX 77058 Texas Water Development Board East (281) 286-8282 1700 N. Congress Avenue P.O. Box 38 Fax (281) 488-5882 Austin, TX 78711 Overton, TX 75684 (512) 463-7847 (903) 834-6191 Field Supervisor Fax (903) 834-7140 U.S. Fish & Wildlife Service c/o TAMU-CC District 6 Campus Box 338 Far West 6300 Ocean Drive P.O. Box 1298 Corpus Christi, TX 78412 Ft. Stockton, TX 79735-1298 (361) 994-9005 (915) 336-8585 Fax (361) 994-8262 Fax (915) 336-3813

43 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S District 7 District 12 West Central South 7887 North Hwy. 87 2401 East Hwy. 83 San Angelo, TX 76901-9728 Weslaco, TX 78596 (915) 658-4576 (210) 968-5581 Fax (915) 658-4364 Fax (210) 969-5639

District 8 Private Organizations Central Route 2, Box 1 Ducks Unlimited Stephenville, TX 76401 Ken Babcock (817) 968-4144 Director of Operations, Fax (817) 965-3759 Southern Regional Office Ducks Unlimited District 9 193 Business Park Drive, Suite E Southeast Ridgland, MS 39157 P.O. Box 2150 (601) 956-1936 Bryan, TX 77806-2150 (409) 845-6800 Ed Ritter Fax (409) 845-6501 Regional Biological Supervisor Ducks Unlimited, Inc. District 10 2205 Ave. I, #114 Southwest Rosenberg, TX 77471 P.O. Box 1849 (281) 341-7968 Uvalde, TX 78802-1849 (210) 278-9151 Fax (210) 278-4008

District 11 Coastal Bend Route 2, Box 589 Corpus Christi, TX (512) 265-9203 Fax (512) 265-9439

Drawing courtesy of North Carolina Agricultural Spikerush Research Eleocharis spp. Service (freshwater marshes and streams)

44 W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S Appendix III — Wetlands Education Assistance

A variety of wetlands education programs Texas Watch offered by a range of public and private Texas Natural Resources groups are available that cover wetlands Conservation Commission topics ranging from regulations to youth P.O. Box 13087 Capitol Station education. Please consult Roles of Fed- Austin, TX 78711-3087 eral and State Agencies in Wetlands in (512) 239-4738 this document to match your area of inter- est to the appropriate agency. Agency con- Purpose: Texas Watch is designed to help tacts can be found in Appendix II. The volunteer environmental monitoring pro- programs summarized below may offer grams address environmental problems. wetlands education and monitoring train- This volunteer program helps to produce ing opportunities to adults. environmental information that agencies, waste generators, and the public need to Adopt-A-Wetland Program make environmentally sound decisions. Nivra Kelley Center for Coastal Studies MARSH M.A.L.L.O.W. Program Texas A&M University – Corpus Christi Will Cohen 6300 Ocean Drive Ty Harris Corpus Christi, TX 78412 Texas Agricultural and Extension Service (512) 994-9005 Rt. 2 Box 589 Corpus Christi, TX 78406 Purpose: Participants are encouraged to (361) 265-9203 disseminate wetland information to youth by utilizing a variety of approaches includ- Purpose: Marsh Management Activities ing monthly monitoring of flora, fauna, for Learning the Lifestyles Of Wildlife. and water quality at a wetland in their Volunteer leaders, teachers and youth area. The program also encourages stu- (ages 8 to 18) manage a wet area (i.e., dents to participate in wetland restoration, pond, wetland) for one or two wildlife creation, and enhancement projects and/or fish species. They develop a man- through surveying and monitoring agement plan, implement the plan, evalu- activities. ate the project, conduct community outreach, and present their results to their Project and Aquatic WILD peers. Awards and trophies are presented Texas Parks and Wildlife to winners and certificates of achievement Citizen monitoring of wetlands 4200 Smith School Road are given to all participants. can provide helpful data to Austin, TX 78744 resource agencies. (512) 328-6035 ©TPW

Purpose: The goal of Project WILD (Wildlife in Learning Design) is to assist learners of any age in developing aware- ness, knowledge, skills, and commitment that results in informed decisions, respon- sible behavior, and constructive actions concerning wildlife. Aquatic WILD is a similar program that offers conservation education of our aquatic resources.

W E T L A N D S A S S I S T A N C E G U I D E F O R L A N D O W N E R S 45 p r o f i l e L. H. Webb Three white-tailed deer bounded out from this prevents overgrazing and protects and playas to manage livestock grazing, the creek bottom and ran down the draw. A native vegetation that stabilizes stream Panhandle water, wetlands, and wildlife covey of bobwhite quail flushed from banks and provides wildlife cover. Often, will benefit. If enough people managed beneath a nearby tree, a belted kingfisher water quality and erosion problems are riparian areas and playas for wildlife, the perched on an overhanging limb as he improved. effect would be significant.” hunted for food, and evidence of Rio Mr. Webb has seen the benefits of con- In 1999, Mr. Webb and his family Grande turkey and porcupine was every- trolled grazing on his property. Eastern received the Excellence in Wildlife Conser- where. Wetland vegetation including wil- gamma grass, a native grass that provides vation Land Stewardship Award from the low, buttonbush, cottonwood, hackberry, food, cover and nesting for wildlife, has Texas Chapter of the Wildlife Society for sedges, and black locust flourished. Ground- returned to the areas where grazing has his lifetime commitment to managing the water formed small pools in the creek bot- been controlled. “You don’t see it when the ranch to conserve and benefit wildlife habi- tom, which are replaced by a swift flowing area is continuously grazed because it’s like tat. Mr. Webb hosted a Wildlife Manage- stream during spring rains. ice-cream to cows – it’s the first thing they ment Field Day cosponsored by Texas Parks It is easy to imagine that this creek go for. It only comes in when cows are and Wildlife and the Texas Wildlife Associa- bottom is part of a park, but in fact, it is fenced out and rest periods are provided,” tion in July 1999. The Field Day was on L.H. Webb’s 9,440-acre Seven Cross observes Mr. Webb. attended by over 110 participants, includ- Ranch in the Rolling Plains near Amarillo. While fencing provides benefits to the ing many landowners, sportsman, and This riparian area has benefited from a land and the wildlife that live on it, the wildlife watchers. 4-strand barbed-wire fence built around Private Lands Initiative project provides 4.5 acres of creek bottom, which enhances perhaps the biggest benefit to the cattle. the landowner’s ability to manage the site. Controlled grazing allows some of the more Since the fence was built in the summer of preferable grasses, such as eastern gamma 1993, native vegetation beneficial to grass, to re-establish. When this area is wildlife has been reestablished. The cost of grazed, cattle feed on a higher quality for- the barbed-wire fence was shared by Mr. age, and more of it. This translates into Webb and Texas Parks and Wildlife through direct benefits to the landowner by produc- the Private Lands Initiative, a state program ing a healthier stock. “Cattle are the best that provides technical and financial assis- tool a landowner has to maintain land in tance to landowners for wildlife enhance- good condition,” asserts Mr. Webb. “Con- ment projects. trolled grazing through the use of fencing Mr. Webb had previously considered provides a win-win situation for the controlled grazing on the bottom, when he landowner, cattle, and the wildlife.” was contacted by former TPW waterfowl Fencing areas for wildlife on sites that biologist Jim Ray and TPW Technical Guid- are near each other provides a travel corri- ance Biologist Gene Miller. Mr. Webb was dor for plains wildlife and could result in interested but reluctant to invite govern- local population increases. Gene Miller ment involvement on his land. After assur- states that, “As more landowners under- ances from Jim and Gene that the program stand the value of fencing riparian areas was voluntary, Mr. Webb agreed to partici- pate, and has been pleased with the results. The Private Lands Initiative project involved installing one-half mile of fence around 4.5 acres of creek bottom. Four L. H. Webb (above) wood duck boxes, provided by TPW, were and fencing project installed in the fenced riparian area. Under under the Private the agreement, Mr. Webb can graze cattle Lands Initiative (left). for short durations. Short duration grazing ©Jule Anderson can be beneficial to plants by stimulating the growth of native vegetation. Hoof action loosens the soil and works seeds into it, and sunlight penetrates where feed- ing cattle have removed some of the thick vegetation. Fencing key wildlife areas like p r o f i l e Jim, Judy and Jimmy Reed • Reed Wildlife Ranch The Reed Ranch has been in the Reed fam- There’s now a hunting club operating wetland project is allowing us to repair ily for a little over 50 years. Jim and his on the Reed Ranch. The creation of Ol Jim’s over 400 acres of bottomland hardwood family took over management of the ranch Huntin’ and Fishin’ Club has allowed us to forests that are severely degraded from about 4 years ago. This ranch was passed enjoy many more uses of the ranch and has years of high grading. In addition, we are on to him by his father. increased the income flow, too. returning large portions of the pastureland The first thing we did was to plan for We’re now enjoying the hunting and back into bottomland forests by planting what we wanted to do with the ranch. To fellowship of deer hunting, duck hunting, seedlings. We’re seeing that the manage- us, this meant setting some goals that were hog hunting, fishing, varmint hunting, ment of our timber and wetlands is now in line with our values. camping, hanging out enjoying the out- receiving about the same emphasis as the We found the best goal modeling doors with our friends, and watching the native grassland prairie. process to be Holistic Resource Management grass grow. There’s still lots to learn about timber (HRM designed by Allan Savory). The whole We use the Internet to share hunting management and wetland habitats. With the family participated and it was the best stories, our photo’s, and ranch projects. A help given by our wildlife biologists and thing we could have done at that time. ranch calendar is also kept on the Internet. foresters, we feel we’re heading in the right From that time on, we’ve made day-to-day This calendar is used by all the club mem- direction. One of our early-on goals had to decisions based on these goals. The involve- bers to know what’s going on so they can do with the stewardship of healthy forests ment of the Texas HRM group has also been plan their activities. and wildlife habitat. important to our family. Our ranch photo albums can be found At first, we didn’t have a clue about Mostly, these goals have to do with at: http://www.photoloft.com/allalbums. how to approach this. However, when the three things. asp?s=jasc&u=116511 forested wetlands project came along, it • diversification of the uses of the Our ranch calendar can be found at: gave us the opportunity to make informed, ranch http://www.calendars.net:8189/jreed1 solid decisions based on our goals for the • maintaining a productive and flexi- A major emphasis has been placed on ranch. In addition, we continue to use ble lifestyle the return of some of the pastureland to HRM’s seven testing guidelines in our deci- • being a good steward of the land native prairie grasses. More than half of the sion making. and using informed decision-making 1,780-acre ranch is located in the Trinity If anybody would like more informa- principals which are in line with River wetlands basin. Grasses that were at tion about the Reed Wildlife Ranch, Jim can our goals one time native to the area are being be contacted at [email protected]. Ol Jim The use of the holistic management planted to return the soil to its productive can also be found participating on the talk process is one of the major reasons we’ve conditions once again. forums at www.texasboars.com. made the progress we’ve made. We couldn’t The grasses selected will need to with- be doing what we’re doing without this stand the moisture and other bottomlands model to follow. When we’re trying to conditions. The grasses also need to supply make a decision about whether to do some- ample cover and habitat for wildlife, and thing or not, we test our decision against produce ample forage for cattle. So far, the our goals using the seven testing guidelines two grasses that are being utilized now in that are found in the HRM model. the bottomlands for these purposes are Right now, we have several income alamo switchgrass and eastern gamagrass. streams that everyone is enjoying. At one Our forested wetlands project with the time, the only major income stream was Texas Parks and Wildlife Department has the ranch’s cow/calf operation. Cattle will given us the opportunity to meet some of always be a major player in the overall our major goals for the ranch. The forested goals of the ranch. We recognize that cattle Jim, Judy, and Jimmy can be used as a tool in the improvement Reed (above) and of the soil and grasses if a systematic graz- Reed Wildlife Ranch’s ing plan is utilized. bottomland (left). Now, the ranch is separated into many ©The Reeds paddocks using electric fencing. The parti- tioning of the ranch into small operating units was one of the best things we could have done. The creation of a systematic grazing system was some best dollars we’ve spent. These small paddocks allow us to create Forage units and wildlife units at the same time. We rotate the uses of the vari- ous units whenever we feel the need suits our goals. p r o f i l e Dr. Robert McFarlane To Dr. Robert McFarlane, owning land is a fowl wintering habitat, but could eventually tion of a levee system, and has erected privilege and a responsibility. His 7,200 lead to large scale watershed management about 60 wood duck boxes. McFarlane’s acres in Anderson County is situated near for insuring adequate water quality and 13-year old son Scot relates a story about the center of one of the richest habitats in quantity to meet future needs. hunting ducks with his father in the Texas – the bottomland hardwood forests Dr. McFarlane’s land investment today marshes on their land: “We were quiet as of the Trinity River Basin. In fact, three is from the heart – to permanently protect we drove in the still dark morning, but by Wildlife Management Areas and one State and restore the ecosystem he remembered the time we got to the area where the Park are within 12 miles of his boundary. as a child so that someday his children and road putters out and walking was a must, As a child, McFarlane roamed the Big grandchildren can share the same experi- the morning light was just coming out. On Woods of the Trinity and Catfish Creek ences. McFarlane realizes that today, perma- the walk to the marsh, there were owls in bottom where he learned the habits of nent land conservation in a private land the trees, a wild boar cantered across the white-tailed deer, ducks, and even state like Texas requires more than a will- trail, and a young buck stopped on the mountain lions. ing attitude – it must make economic sense. trail to look at us. My father lives on this Dr. McFarlane’s primary focus on the That’s why he established a partnership haven, but I board at school right in the land has been habitat development for with Pinnacle Gas Company and the Army heart of Houston, a busy metropolis filled waterfowl and deer. His goal is to create a Corp of Engineers to create a federal wet- with cars, buildings, roads, and crazy peo- trophy deer lease operation without resort- land mitigation bank. This innovative con- ple. Off in the distance, I spotted a black ing to high fencing. He has learned that the servation tool will create a 50-acre marsh cloud moving quickly, and as I looked at wildlife, and the habitat upon which they and restore approximately 400 acres of bot- it for awhile, I could tell that it was not a depend, can only be enhanced to a point, tomland hardwoods through the purchase cloud, but ducks. As they got close I could unless the landowner goals fit in with the of mitigation “credits” by entities that have spot mallard, pintail, and teal, there were greater ecosystem around him. This is true damaged wetlands elsewhere in the region. hundreds of them.” especially with migratory birds like ducks The Corp administers the credits from the Dr. McFarlane envisions himself as that depend upon permanent wetlands on a “bank” in lieu of mitigating on-site damages halfway between the tree huggers (folks regional scale. These ideas led to the devel- through planting trees or re-creating wet- who just want everything preserved with opment of the Trinity River Basin Conser- lands. This speeds up the process of mitiga- not even a slight nod to the economics of vation Cooperative, a public/private tion, an attractive alternative to industry the project), and businesses that are just partnership with TPW lands, TDCJ lands, with the finances to make habitat restora- interested in making a profit. He says and private ranches involving over tion a reality. Then, the “bank” essentially “Hopefully, what I am doing will leave the 100,000 acres Anderson and Freestone becomes a conservation easement, so that Big Woods as a self-supporting entity that counties. The cooperative hopes to eventu- the mitigated habitat is protected in will have enormous conservation benefits.” ally create an extensive corridor of wildlife perpetuity. habitat along the Trinity River, from In addition, Dr. McFarlane has devel- Kaufman County to Madison County. This oped another 900 acres of green-tree and effort would not only protect vital water- open water marshes through the construc- © 2000 Texas Parks and Wildlife PWD BK R0400-020 (11/00) In accordance with Texas State Depository Law, this publication is available at the Texas State Publications Clearinghouse and/or Texas Depository Libraries.