The Wetland Delineator Certification Program (WDCP) would require applicants to:
(1) satisfy certain prerequisites and
(2) pass a two-part test.
Prerequisites
Prerequisites for entrance into the WDCP would consist of: (1) Training in the current Federal wetland delineation methodology, and (2) two (2) years of professional experience in wetlands delineation. We feel training should consist of a combination of classroom and field training specifically in the current Federal wetland delineation methodology. Training must be conducted by an individual certified by the Corp, and should consist of a minimum of 36 hours of instruction, consistent with the training required of Corps, EPA, NRCS (formerly the SCS), and FWS Federal agency staff who delineate wetlands for purposes of Section 404 of the Clean Water Act. Comments are requested on alternative training mechanisms which provide greater flexibility to potential WDCP applicants. For example, comment is solicited in the use of videotape or at-home study for the delivery of the training material. One such alternative would allow individuals to study course materials at home, and then spend one or two days at a training program facility to receive hands-on instruction and to take the course exam. This alternative would help to reduce travel expenses, may lower tuition costs, and would reduce the time that a trainee would have to miss work. The Corps is concerned, however, that non-classroom oriented instructional methods may not provide training of a quality equivalent to classroom instruction. Comments on the impact of quality resulting from the alternative training methods taking into account the requirement for hands-on training, course test, and third party exam, are specifically sought as a part of this proposal. To satisfy the experience requirement, WDCP applicants should have a minimum of 2 years experience delineating wetlands for Federal, State, tribal or local governments, or the private sector. The WDCP applicant would have to supply references of employers, including telephone numbers for verification purposes, of references who can attest as to the WDCP applicant's assertions regarding experience. The Corps reserves the right to check a WDCP applicant's documented prerequisites. We welcome comments on alternative approaches of satisfying the experience requirement, such as documentation that a minimum number of wetland delineations were accepted by the Corps prior to certification. Acceptance into the WDCP (i.e., meeting all prerequisites) does not guarantee certification. Applications for certification must be accompanied by documentation (e.g., training certificate) that an individual meets all prerequisites. We welcome comments on the proposed prerequisites, as well as suggestions for other options.
Tests
Generally, WDCP applicants would submit a WDCP application form (to be developed for the final WDCP) to the appropriate district, where it would be considered in accordance with the final regulations. Qualified WDCP applicants would be notified of the next available test date. Testing will include a standardized written examination for nationwide use, which must be passed before applicants proceed to the field practicum. Based on the response to the demonstration projects, we are proposing to offer the national written test sessions in all Corps districts on the same date each month for the first three months of nationwide implementation of the WDCP and quarterly thereafter. Field practicums will be scheduled based on need (i.e., the number of WDCP applicants which have first passed the written test). The field practicums may vary slightly between divisions (the proposed geographic limits of the validity of certifications made at the district level), based on regional differences such as growing season, wetland type, and some field [[Page 13658]] indicators, however, the field practicum procedure will be identical nationwide. Comments on the appropriate procedures and frequency of the field testing, particularly from individuals who participated in the demonstration program, would be helpful. We are proposing to limit the number of opportunities to retake the tests without the benefit of additional training. WDCP applicants who fail either the written or the field test are encouraged to obtain additional training and/or experience prior to retesting.
Certification
Upon successful completion of the prerequisites and testing requirements, the district would award a certification to the applicant by mail. Certified wetland delineators would be required to include a signed statement with all wetland delineations submitted to the Corps, verifying that the information has been developed in accordance with the current Federal wetland delineation methodology, and is subject to legal penalties related to false information as provided for in 18 U.S.C. Section 1001 (18 U.S.C. Section 1001 provides that: Whoever, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals, or covers up by any trick, scheme or device a material fact or makes any false, fictitious, or fraudulent statements or representations or makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statements or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.). Certified wetland delineators would be contacted by the Corps as to the completeness and accuracy of the wetland delineation submitted within 30 days if submitted in conjunction with a permit application, or 60 days if not (see 325.2(c)). Expedited review associated with wetland delineations submitted by certified wetland delineators does not guarantee shorter permit processing times, which will be the subject of a future rulemaking action related to the Administration's Plan. The issuance of a certification does not create or grant any property interest or right for the certified wetland delineator, nor does it create any rights for an individual relying upon a wetland delineation made by a certified wetland delineator, but is intended to facilitate the determination of jurisdiction by the Corps.
Validity of Certifications
Comments are requested on our intention to consider provisional certifications issued by the demonstration districts valid as final certifications after the WDCP is implemented nationwide. Comments are also requested on the option of considering certifications (provisional as well as final) valid in a broader geographic area than the administering district's regulatory boundaries. While we are proposing that certifications be issued by districts and considered valid within the Corps Division in which the district exists, we invite comments on other options (e.g., nationwide). In addition, we invite comments on the need to further limit the validity of certifications in exceptional situations involving unique geographic areas. For example, it may be determined appropriate for certifications within Divisions which include entities such as Alaska, Hawaii, Puerto Rico, and America Samoa, etc., to limit the validity of certification to a smaller geographic area. Certifications would remain valid for a period of five (5) years; therefore recertification would generally be necessary once every 5 years. Certifications would be subject to suspension or revocation procedures (see Section 333.7) based on repeated poor performance and/or submittal of inaccurate wetland delineations by certified wetland delineators.
Costs
During the early years of the WDCP, costs to the Corps of administering the program will likely exceed the savings in reduced staffing needs associated with verifying wetland delineations. These costs were monitored during the demonstration program to assess the effect on budget and manpower allowances. The costs incurred by the demonstration districts were, as expected, greater than the costs anticipated during nationwide implementation due to the WDCP developmental responsibilities required of these districts.
Although the WDCP require the expenditure of a portion of the regulatory budget for several years, we are not proposing to assess a fee for certification. WDCP applicants will have incurred some costs associated with satisfaction of the training prerequisites of the program. In addition, it will be necessary for certified wetland delineators to keep certifications current with the most recent Federal wetland delineation methodology. Nonetheless, comments are requested on the issue of fees associated with the WDCP, such as where fees should be charged and why, and what should be the basis for such fees. Although we expect Federal costs associated with nationwide implementation of the WDCP to be higher initially, we are confident that Federal labor costs will be reduced over the life of the program.
Benefits
The Corps, permit applicants, and the public will benefit from the improved quality and consistency of wetland delineations the Corps receives from certified wetland delineators. The public will benefit from the expedited review and consideration of wetland delineations by certified wetland delineators by the Corps. We believe that the program will result in better service to the public by both the Corps and private sector wetland delineators. It is anticipated that both the Corps and the public will have greater certainty in consultants' or contractors' wetland delineations as a result of the WDCP. Benefits are expected to increase each year.