DOCSLIB.ORG

Swampbuster, Sodbuster, and Conservation Compliance Programs Linda A

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Swampbuster, Sodbuster, and Conservation Compliance Programs Linda A College of William & Mary Law School William & Mary Law School Scholarship Repository Popular Media Faculty and Deans 1988 Swampbuster, Sodbuster, and Conservation Compliance Programs Linda A. Malone William & Mary Law School, [email protected] Repository Citation Malone, Linda A., "Swampbuster, Sodbuster, and Conservation Compliance Programs" (1988). Popular Media. 103. https://scholarship.law.wm.edu/popular_media/103 Copyright c 1988 by the authors. This article is brought to you by the William & Mary Law School Scholarship Repository. https://scholarship.law.wm.edu/popular_media =======/NDEPTH Swampbuster, sodbuster, and conservation compliance programs - Ii by Linda A. Malone On September 17, 1987, final regula­ of "hydrophytic vegetation" typically dueing an agricultural commodity on the tions were published in the Federal Reg­ adapted for life in the saturated soil con­ land continues to be eligible for program ister for the swampbuster, sodbuster, ditions. 52 Fed. Reg. at 35202. An excep­ payments. 16 U.S.C. § 3822. and conservation compliance programs tion from the definition of "wetland'" is The final rule has been revised at of the 1985 E'arm Bill. Pub L. No. 99­ made for lands in Alaska identified as length to clarify when conversion is con­ 198, provisions, codified at 16 U.s.C. §§ having high potential for agricultural sidered to have been "commenced" be­ 3801-3823 (West Supp. 1987). The new development which have a predomi­ fore December 23, 1985. Conversion was rules, published in 52 Fed. Reg. ~5194­ m~nce of permafrost soils. [d. at 35202. "commenced" before that date if: (1) 35208 (September 17, 1987), will be pub­ "Under normal circumstances" is ex­ draining, dredging, filling, leveling or lished in the Code ofFederal Regulations plained in the final rule as referring to other manipulation (including any activ­ as 7 C.F.R. Part 12. The changes made "the soil and hydrologic conditions that ity t.hat ff'fmlts in impairing or reducing in the final rule from the interim rule are normally present, without regard to the now, circulation, or reach of water) are significant and extensive. whether the vegetation has been re­ wa~ actually started on the wetland; or The 1985 Farm Bill contained several moved." Id. at 35207. (2) the person applying for benefits has conservation provisions that were new to A person is ineligible for program pay­ expended or legally committed substan­ agricultural programs, among which ments under the swampbuster provision tial funds either by entering into a con­ were the so-called sodbuster, swamp­ if all or a portion of the field is converted. tract for the installation of any of the buster, conservation compliancE., and wetland, and the ASCS has determined above activities or by purchasing con~ conservation reserve programs. The that the person was entitled to share in struction supplies or materials for the basic purpose of the sodbuster, swamp~ the crops available for the land or the primary and direct purpose of convertlng buster, and consen'ation compliance proceeds thereof, and the ASCS has de­ the wetland. 52 Fed. Reg. at 35203. provisions is to ensure cross-compliance tennined that the land is or was planted Even if the criteria for "commence­ between conservation programs of the to an agricultural commodity during the ment" conversion before December 2:3, USDA and financial support programs year for which the person is requesting 1985 are not satisfied, the person may of the USDA. uenefits. [d. at 35202. Converted wet­ request a commencement determination Under these provisions, a person re­ land means wetland that has been from the ASCS upon :;howing that undue ceives no USDA program payments, that drained, dredged, filled, leveled, or economic hardship will result because c is, price and income supports, disaster otherwise manipulated to make possible substantial financial obligation." incurren_ payments, crop insurance, CCC storage the production of an agricultural com­ prior to December 23, 1985, for the pri­ payments, farm storage facility loans, modity without further application of mary and direct purpose of converting Farmer's Home Administration loans (if the manipulations described, if such pro­ the wetland. ld the proceeds are used for a purpose that duction would not have been possible but Under the final rule, activities of a will contribute to excessive erosion of for the action and before such action the water resource district, drainage dis­ highly erodible land or conversion of land was wetland and was neither trict. or similar entity are attributable wetlandl, and an other USDA produc­ highly erodible land nor highly erodible to all persons within "thp jurisdiction of tion payments, unless the person is in cropland. Id. at 35201. the entity who are assessed for its ac­ compliance with the conservation provi­ In determining if wetland has been tivities. [d. A separate rule applies to de­ sions. Until these provisions in the 1985 ronve-rted, the following factors are to be termine when conversion b.y such ,m pn­ Farm Bill, soil conservation had been considered: (1) where the altering activ­ tity was "commenced" before DecE'mber based primarily on voluntary initiatives. ity is not clearly discernible, comparison 23. 1985. let. of other sites containing the same hydric A person seeking a determination of Swarnpbusting soils in a natural condition to determine conversion commencing before Decem­ Under the swampbuster provision, if the wetland has been converted; and ber 23, 1985, must request the determi­ any person who converts wetlands after (2) where woody hydophytic vegetation nation before September 19, 1988, must Dpcemhe-T 23, 1985, the effective date of has been removed, and wetland condi­ demonstrate that the conversion has the 1985 Farm Bill, will be ineligible for tions have not returned as a result of been actively pursued, and must com­ price and income supports and other abandonment, the area is to be consid­ plete the conversion by January 1, 1995. USDA program payments for any ag­ ered conve-rted wetland. [d. at 35207. Id. at 35203. ricultural commodities produced by that Also, potholes, playas, and other wet­ Conversion of a wetland is considered pe-rson during that crop year. 16 U.S.C. lands flooded or ponded for extended pe· to have been completed before December § 3821. The application of a conservation riods will not be considered converted 23, 1985, if any of the ahove described plan to the converted wetlands, in con­ based upon activities occurring prior to conversion activities were applied to the trast to the sodbuster provision, is ir­ December 23, 1985, and further conver­ wetland and made the production of an relevant to eligibility. sions may result in loss of eligibility un­ agricultural commodity possible without Under the final rule, a wetland is de­ less determined to have a minimal effect further manipulation where the produc­ fined as land that has a predominance of on wetland values. [d. tion would not otherwise have been pos­ "hydric soils" and that is inundated or There are several exemptions that sible. saturated by sunace or groundwater at may relieve a person from the require­ Another revision clarifies that con a frequency and duration sufficient to ments of the act. rfconversion ofthe wet­ verted wetlands are presumed to have support, and that "under normal c)r­ land was commenced or completed be­ been converted by the person applying cumstances" does support, a prevalence fore December 23, 1985, the person pro for benefits unless the person can show 4 AGRICULTURAL LAW UPDATE JANUARY 1988 ~l regulations that the conversion was by an unrelated such a determination must be made ments as a result of production on highly third party and that there has been no prior to the beginning of activities that erodible land without a conservation involvement in a scheme or device to would convert the wetland. Id. at 35208. plan iF it was done in reliance on a deter­ avoid compliance. Jd. If there was ac­ mination by ses that the land was not quiescence in, approval of, or assistance Sodbusting highly erodible land when the produc­ to acts of the third 'party, the person ap­ Under the sodbuster provision, a pro­ tion was made. The exemption does not plying for benefits is subject to the ducer is ineligible for USDA program apply to any agricultural commodity scheme or device restrictions and may payments for agricultural commodities iF that was planted on highly erodible land lose eligibility. If, however, the conver­ there is production without an approved after the ses determines that such land sion was in fact done by an unrelated conservation plan or system on a field in is highly erodible land and the person is third party, the person applying for which highly erodible land is predomin­ so notified. Id. at 35203. henefits may continue to produce ag­ ant. Id. at 35201 For the first time, under the final rule ricultural commodities on the converted In the final rule, many of the defini­ persons are allowed to exchange certain wetland and retain eligibility if there are tions in the interim rule have been re­ crop acreage bases for crop~ that have a no further improvements to the drain­ vised. The definition of "highly erodible high residue base if the high residue age, Or ifthe SCS determines further im­ land" encompasses land that has an crop is recommended by SCS as being provement will have a minimal effect on "erodibility index" of eight or more. Id. essential for the conservation plan and wetlands values. Id. However, any at 35201. "Erodibility index" is a numer­ the SCS's recommendation is approved further drainage improvement on such ical value that expresses the potentwf hy the ASCS. Id. at 35204. land by the party is not permitted with­ erodibility of a soil in relation to its soil out loss of eligibility for USDA program loss tolerance value without considera­Conservation compliance payments, unless the SCS determines tion of applied conservation practices or The requirement of conservation com­ that further drainage activitie~ applied management." Id.
Load more

Recommended publications
  • National Water Summary Wetland Resources: Maine
    National Water Summary-Wetland Resources 213 Maine Wetland Resources M aine is rich in wetland resources. About 5 million acres, or one­ System Wetland description fourth of the State, is wetland. Maine has a wide variety of wetlands, Palustrine .................. Nontidal and tidal-freshwater wetlands in which ranging from immense inland peatlands to salt marshes and mud vegetation is predominantly trees (forested wet­ flats along the coast. lands); shrubs (scrub-shrub wetlands); persistent Wetlands are an integral part of Maine's natural resources. or nonpersistent emergent, erect, rooted herba­ ceous plants (persistent- and nonpersistent­ Wetlands provide essential habitat for certain types of wildlife and emergent wetlands); or submersed and (or) vegetation, including rare and endangered species. They are used floating plants (aquatic beds). Also, intermit­ for timber and peat; hunting, fishing, and shellfishing; education tently to permanently flooded open-water bod­ and research; and bird, wildlife and plant observation, all of which ies of less than 20 acres in which water is less than 6.6 feet deep. boost tourism and the general economy. Wetlands also provide flood control, bank and shoreline-erosion control, sediment retention, lacustrine ................. Nontidal and tidal-freshwater wetlands within an intermittently to permanently flooded lake or water fi ltration, and nutrient uptake. In recognition of the impor­ reservoir larger than 20 acres and (or) deeper tance of wetlands, many government and private organizations have than 6.6 feet. Vegetation, when present, is pre­ worked to preserve wetlands and educate the public about wetland dominantly nonpersistent emergent plants (non­ values. For example, the Maine Department of Conservation owns persistent-emergent wetlands), or submersed and (or) floating plants (aquatic beds), or both.
    [Show full text]
  • Wetland Conservation Strategies
    11/15/2010 Wally Akins TWRA/NRCS Private Lands Biologist 1 The “Farm Bill” Congressional legislation passed every 5 to 7 years that provides framework and guidance for USDA commodity support, conservation programs, emergency/disaster programs, and other agriculture/food-related programs. Includes intended budget, but actual appropriations decided annually (usually late in federal fiscal year) 2008 Farm Bill = “Food, Conservation, and Energy Act of 2008” 2 Farm Service Agency (FSA) • Conservation Reserve Program (CRP) – 32 million acres nationwide; ~235,000 acres in TN • Also handles commodity programs, and emergency and disaster payments to farmers Natural Resources Conservation Service (NRCS) • EEinvironmental QQliuality Incenti ves Program (EQIP) • Wildlife Habitat Incentives Program (WHIP) • Wetlands Reserve Program (WRP) • Grassland Reserve Program (GRP) • Conservation Stewardship Program (CSP) • Farm & Ranchland Protection Program (FRPP) 3 1 11/15/2010 Tennessee Wildlife Resources Agency Farm Wildlife Habitat Program Landowner Incentives Program U.S. Fish & Wildlife Service Partners for Fish & Wildlife – T&E, at-risk species in all habitats Tennessee Division of Forestry Forest Stewardship Plan Development TWRA, NRCS and Ducks Unlimited Tennessee Partners Project - wetlands 4 Wetlands Reserve Program (WRP) WRP provides an opportunity for lldandowners to receive financial incentives to restore, protect, and enhance wetlands in exchange for retiring marginal land from agriculture. 5 On average, only 5% of the lower 48 states is wetlands and other shallow aquatic habitats. Wetland abundance varies by region: <1% of CA, NV, AZ, NM, UT, KS, MT, and WV Approx. 30% of FL and LA 45% of AK 6 2 11/15/2010 Since the late 1700s, >50% of U.S.
    [Show full text]
  • Upland Nesting Waterfowl Population Responses to Predator Reduction in North Dakota Matthew R
    Louisiana State University LSU Digital Commons LSU Doctoral Dissertations Graduate School 2010 Upland nesting waterfowl population responses to predator reduction in North Dakota Matthew R. Pieron Louisiana State University and Agricultural and Mechanical College Follow this and additional works at: https://digitalcommons.lsu.edu/gradschool_dissertations Part of the Environmental Sciences Commons Recommended Citation Pieron, Matthew R., "Upland nesting waterfowl population responses to predator reduction in North Dakota" (2010). LSU Doctoral Dissertations. 2570. https://digitalcommons.lsu.edu/gradschool_dissertations/2570 This Dissertation is brought to you for free and open access by the Graduate School at LSU Digital Commons. It has been accepted for inclusion in LSU Doctoral Dissertations by an authorized graduate school editor of LSU Digital Commons. For more information, please [email protected]. UPLAND NESTING WATERFOWL POPULATION RESPONSES TO PREDATOR REDUCTION IN NORTH DAKOTA A Dissertation Submitted to the Graduate Faculty of the Louisiana State University and Agricultural and Mechanical College in partial fulfillment of the requirements for the degree of Doctor of Philosophy in The School of Renewable Natural Resources by Matthew R. Pieron B. S., Mount Union College, 1999 M.S., Eastern Kentucky University, 2003 May 2010 DEDICATION I got some terrible Chinese take-out the other day. The fortune in the cookie read “behind every able man there are always other able men.” If I am able, it’s largely due to the more than able men who shaped my life. My grandfathers, Vernon R. Pieron (Grampa; 1922−2008) and Dudley J. Masters (Pop; 1928−2004), taught me to catch fish, shoot pool and whiskey, raise hell, laugh till it hurts, be stubborn, work hard, love my family, not give up, finish what I start, and be my own person.
    [Show full text]
  • The SWANCC Decision: Implications for Wetlands and Waterfowl
    The SWANCC Decision: Implications for Wetlands and Waterfowl Final Report September 2001 The SWANCC Decision: Implications for Wetlands and Waterfowl Ducks Unlimited, Inc. National Headquarters Mark Petrie, Ph.D. Jean-Paul Rochon, B.Sc. Great Lakes Atlantic Regional Office Gildo Tori, M.Sc. Great Plains Regional Office Roger Pederson, Ph.D. Southern Regional Office Tom Moorman, Ph.D. Copyright 2001 – No part of this document may be reproduced, in whole or in part, without the expressed written permission of Ducks Unlimited, Inc. EXECUTIVE SUMMARY On January 9, 2001 the U.S. Supreme Court issued a decision, Solid Waste Agency of Northern Cook County (SWANCC) v. United States Army Corps of Engineers. The decision reduces the protection of isolated wetlands under Section 404 of the Clean Water Act (CWA), which assigns the U.S. Army Corps of Engineers (Corps) authority to issue permits for the discharge of dredge or fill material into “waters of the United States.” Prior to the SWANCC decision, the Corps had adopted a regulatory definition of “waters of the U.S.” that afforded federal protection for almost all of the nation’s wetlands. The Supreme Court also concluded that the use of migratory birds to assert jurisdiction over the site exceeded the authority that Congress had granted the Corps under the CWA. The Court interpreted that Corps jurisdiction is restricted to navigable waters, their tributaries, and wetlands that are adjacent to these navigable waterways and tributaries. The decision leaves “isolated” wetlands unprotected by the CWA. These wetlands are very significant to many wildlife populations, especially migratory waterfowl.
    [Show full text]
  • A Historical Geography of Changing Attitudes to Wetlands in the United
    A historical geography of changing attitudes to wetlands in the United States Midwest Hugh Counsell Prince University College London Thesis submitted for Ph D University of London Geography 1996 ProQuest Number: 10017204 All rights reserved INFORMATION TO ALL USERS The quality of this reproduction is dependent upon the quality of the copy submitted. In the unlikely event that the author did not send a complete manuscript and there are missing pages, these will be noted. Also, if material had to be removed, a note will indicate the deletion. uest. ProQuest 10017204 Published by ProQuest LLC(2016). Copyright of the Dissertation is held by the Author. All rights reserved. This work is protected against unauthorized copying under Title 17, United States Code. Microform Edition © ProQuest LLC. ProQuest LLC 789 East Eisenhower Parkway P.O. Box 1346 Ann Arbor, Ml 48106-1346 Abstract The study discusses ways in which different people at different times viewed wetland environments, appraised their potential value, contrived to transform them by draining and farming or protect them as wildlife refuges and places for outdoor recreation. It traces changes in peoples’ perceptions, critically examining literary evidence for changing attitudes towards wetlands in seven Midwest states of Ohio, Indiana, Illinois, Iowa, Michigan, Wisconsin and Minnesota. Views of places described by travellers, landowners, journalists and writers of fiction are compared with reports by federal and state officials, maps and statistical data. Changing scientific descriptions and classifications of the physical characteristics of wet prairies, swamps and bogs are reviewed. Important changes in the outlook of Indians followed their contact with Europeans.
    [Show full text]
  • Legal Protection Assessment of Different Inland Wetlands in Chile Patricia Möller1,2* and Andrés Muñoz-Pedreros3
    Möller and Muñoz-Pedreros Revista Chilena de Historia Natural 2014, 87:23 http://www.revchilhistnat.com/content/87/1/23 RESEARCH Open Access Legal protection assessment of different inland wetlands in Chile Patricia Möller1,2* and Andrés Muñoz-Pedreros3 Abstract Background: Inland wetlands are well represented ecosystems in Chile that are subjected to various pressures affecting conservation. Protection means legal and administrative initiatives which promote the protection and/or preservation of a wetland, either in its entirety, considering their areas of influence or its components. Results: The aim of this work is to develop a methodology for estimating the value of protection of different types of inland wetlands in Chile. For this purpose: a) the Chilean regulations in relation to the issues of biodiversity, wetlands and water resources were compiled; (b) such legislation and its application were analyzed, (c) protection and restriction values of each legal standard was estimated, and then total protection value of standards applied to six types of wetlands in study. 47 legal rules related to protection of inland wetlands and eight directly or indirectly affecting conservation and wise use of wetlands were identified. Conclusions: In Chile there is no specific statutory rules or regulations on wetlands. Current legal standards do not protect equally the different types of inland wetlands, being swamp forests, peatlands and brackish Andean lakes less protected. To improve wetlands conservation, incentives promoting wetlands destruction must be eliminated and promulgate specific regulations for proper management and conservation. Keywords: Inland wetlands; Legal standards; Real protection; Wetland protection Background Wetlands support high biodiversity and are presently Chile is highly diverse in limnic systems mostly recog- recognized as the most threatened systems by human nized as wetlands and defined as ‘areas of marsh, fen, activities (Marín et al.
    [Show full text]
  • NORTH DAKOTA STATE TACTICAL PLAN a Supplement to the 2017 Prairie Pothole Joint Venture Implementation Plan March 2017 CONTENTS
    NORTH DAKOTA STATE TACTICAL PLAN A supplement to the 2017 Prairie Pothole Joint Venture Implementation Plan March 2017 CONTENTS EXECUTIVE SUMMARY ....................................................................................................................................................... ND.2 Five-year Goal and Objectives .......................................................................................................................................... ND.3 INTRODUCTION .................................................................................................................................................................. ND.4 THE PRAIRIE POTHOLE REGION OF NORTH DAKOTA ................................................................................................ ND.6 PRIORITY WETLAND AND GRASSLAND HABITAT ..................................................................................................... ND.11 Priority Waterfowl Habitat ............................................................................................................................................... ND.11 Hunter Retention and Access ......................................................................................................................................... ND.12 GOALS, OBJECTIVES, AND STRATEGIES ...................................................................................................................... ND.15 Five-year habitat objectives – Protection ..................................................................................................................
    [Show full text]
  • The National Agricultural Law Center the Nation’S Leading Source for Agricultural and Food Law Research & Information Nationalaglawcenter.Org | [email protected]
    The National Agricultural Law Center The nation’s leading source for agricultural and food law research & information NationalAgLawCenter.org | [email protected] Factsheet, Series: 2020 Farm Bill Conservation Programs: Swampbuster and Sodbuster Scout Snowden This material is based upon Research Fellow, National Agricultural work supported by the Law Center National Agricultural Library, Agricultural Brigit Rollins Research Service, U.S. Staff Attorney, National Agricultural Department of Agriculture Law Center When Congress enacted the 1985 Farm Bill, it included the Conservation Reserve Program (“CRP”), which was intended, in part, to conserve highly erodible land and wetlands. Colloquially known as the “Sodbuster” and “Swampbuster” provisions (“the conservation provisions”), they require farmers to 1) maintain a minimum level of conservation on highly erodible land, and 2) not convert wetlands for crop production, all in return for keeping certain United States Department of Agriculture (“USDA”) benefits. The goal of the conservation provisions is to encourage conservation priorities by reducing the availability of certain USDA benefits to those who make specific land-use decisions. Participants in most of the USDA’s Farm Service Agency (“FSA”) and Natural Resource Conservation Service (“NRCS”) programs are generally required to remain in compliance with the conservation provisions. Additionally, any person who is affiliated with a USDA program participant is also bound by the conditions and requirements of the conservation provisions. Whether someone is considered an affiliated person depends on the structure of the farming operation they work with. If the USDA program participant is an individual, the participant’s spouse or minor children who have a farming interest are considered affiliated persons.
    [Show full text]
  • Federal Wetland Policies and National Trends
    V. Federal Wetland Policies and years. Hoover questioned the expense and overall National Trends public efficiency of these subsidies (Hoover, 1969). The U.S. Department of the Interior conducted a series of studies that exhaustively explored the subsi- Federal wetland policy has evolved over our Nation’s dies’ role in wetland conversion, finding that the sub- history. During the period of settlement and national sidies did promote wetland conversion (USDI, 1988 expansion, incentives for converting wetlands to other and 1994). The Swampbuster provisions of the 1985 uses hastened wetland loss. Direct incentives for con- Food Security Act and changes in the 1986 Tax version remained until late in this century. Gradually, Reform Act largely eliminated indirect government direct and indirect incentives were eliminated and assistance in the form of farm program benefits and policies to conserve wetlands were adopted. With the income tax deductions for wetland conversion adoption of the "no net loss" goal, efforts to conserve (Heimlich and Langner, 1986; Heimlich, 1994). and restore wetlands accelerated. Drainage and Flood Control The Era of Wetland Exploitation Federal involvement in drainage programs dates back In the earliest stages of settlement, farmers bypassed to 1902 when the Bureau of Reclamation was estab- wetlands in favor of dry land with good water and lished to develop irrigation in the West. Drainage was trees. Only toward the end of the 19th century, when required to fully use the new irrigation capacity, pro- easily accessible farmland grew scarce, did farmers viding new Federal involvement in agricultural turn to the previously bypassed wetlands in earnest. drainage programs (USDI, 1988).
    [Show full text]
  • Minnesota River Basin Trends
    Minnesota River Basin TRENDS Minnesota River near Redwood Falls by Brian Peterson, Star Tribune Star Brian Peterson, by Falls near Redwood Minnesota River Dear Reader This is the first Minnesota River Trends document. The purpose of this report is to provide a broad overview of trends related to the state of the Minnesota River. It is meant to be easy-to-read overview that summarizes some of the major demographic, land use, water quality, biological and recreational trends in the Minnesota River Basin over the past 10 to 100 years depending on data availability. In a few cases, where an analysis of change over time was not possible, the report includes information on current conditions. The indicators included in the following report were prioritized by a group of agency representatives and citizens with the hopes of providing some clues of broader ecosystem health across the Minnesota River Basin. What you will discover in this document is a mixed story—research shows some indicators improving, some declining, some static. We hope that this document will provide insight into this dynamic, complex and varied river basin. The river has been studied extensively and is managed by a number of different agencies and organizations for a variety of purposes. The report draws data from researchers across many diverse fields. Thanks to our many project cooperators (see list on back page). If you want to learn more, a rich resource list used to develop this report is available online http://mrbdc.mnsu.edu/mnbasin/trends As you will see, many actions and projects have been put in place to try to understand and improve the water quality across the basin.
    [Show full text]
  • Wetland Types and Status
    Wetland Types and Status Types: Coastal Wetlands Inland Wetlands -tidal salt marshes -freshwater marshes -tidal freshwater marshes -northern peatlands -mangrove -riparian wetlands Amount: Coastal 11 million hectares in the U.S. 63% are the wooded types (forests) 16% are the salt marshes: .2 million hectares, mostly dominated by Spartina 17% are freshwater marshes Mangroves - 300,000 hectares (too small to give a percent), will not grow above mean 20 degree C isotherm - mostly in the Everglades and Mississippi Delta Notes: steepness of land on east coast is less than on the west coast, and the tides are diurnal here. This is easier on the vegetation. East coast marshes can be several miles, creates bigger intertidal zone, where the marshes develop. West coast, the intertidal zone is comparably smaller, not very much area for marshes to develop. Inland 32 million hectares altogether in U.S. 7 million hectares of freshwater marshes, shallow water body that is completely choked in emergent vegetation - ( Everglades dominated by reeds, cattails, and sedges) 10 million hectares of northern peatlands, mostly in Great Lakes area (111 million hectares in Canada) 22.3 million hectares of southern swamps and riparian areas - southern swamps are deepwater swamps with trees in them, most ecologically important, but it has suffered the most from deforestation - woody wetlands dominated by Cypress (Taxodium) and Gum (Nyssa) trees - In Arizona, there is about 100,000 hectares of river riparian areas Status Review of original wetland definition: shallow water or saturated soil unique hydric soil hydrophytic vegetation There are several fuzzy areas in this definition. 1) Variability in flooding conditions within a year, and from year to year.
    [Show full text]
  • Wetlands and the Swampbuster Provisions: the Delineation Procedures, Options, and Alternatives for the American Farmer Justin Lamunyon Faulkner Law Firm
    Nebraska Law Review Volume 73 | Issue 1 Article 9 1994 Wetlands and the Swampbuster Provisions: The Delineation Procedures, Options, and Alternatives for the American Farmer Justin Lamunyon Faulkner Law Firm Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation Justin Lamunyon, Wetlands and the Swampbuster Provisions: The Delineation Procedures, Options, and Alternatives for the American Farmer, 73 Neb. L. Rev. (1994) Available at: https://digitalcommons.unl.edu/nlr/vol73/iss1/9 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Justin Lamunyon* Wetlands and the Swampbuster Provisions: The Delineation Procedures, Options, and Alternatives for the American Farmer TABLE OF CONTENTS I. Introduction ........................................... 164 II. What is a Wetland? ....... 164 A. Predominance of Hydric Soil ........................ 165 B. Wetland Hydrology ................................. 165 C. Hydrophytic Vegetation ............................ 166 Ill. SCS Delineation Procedure ............................. 167 IV. Swampbuster Violations ............................... 168 V. Criticism of the Current System ........................ 169 VI. New Developments Concerning Delineation Procedures . 170 VII. Alternatives to the Farmer Who has a Wetland ......... 175 A. Is this a Wetland?
    [Show full text]