33 CFR 325.2(c)--Wetland Delineations Submitted by Certified Delineators
We are proposing procedures, requirements, and timeframes to provide for expedited review of wetland delineations submitted by certified delineators as required by Section 307(e) of the Water Resources Development Act of 1990.
33 CFR 333--Wetland Delineator Certification Program
We are adding a new part to implement the WDCP. Section 333.1 Purpose and Section 333.2 General provide a statement of purpose and an overview of the WDCP. Section 333.3 Definitions provides definitions of common terms used in the WDCP. The proposed terms are "accuracy determination'', "wetland delineation'', "wetland determination'', "jurisdictional determination'', "certification'', "certified wetland delineator'', "expedited review'', "suspension'', "revocation'', "substantial inaccuracies'', and "history of substantial inaccuracies''. We request comments on these terms and the need to define additional terms.
Section 333.4 Certification Process describes the procedures and requirements necessary to be certified under the WDCP. This section includes a discussion of the mandatory prerequisites and tests we are proposing [[Page 13659]] to require of wetland delineators in order to be certified by the Corps. Section 333.5 Validity of Certifications provides for the geographic limits of where a certification would be considered valid in order to receive expedited review by the Corps. Section 333.6 Recertification discusses the requirement for an individual to keep the certification current in order to receive expedited review by the Corps. We believe that certifications should not be valid indefinitely and are proposing a five (5) year limit.
Section 333.7 Suspension or revocation discusses the ability of the Corps to suspend or revoke an individual's certification, if appropriate, after an opportunity has been provided by the Corps for the certified delineator to respond in writing to the District Engineer's reasons for suspending or revoking the certification.
Environmental Documentation
We have made a preliminary determination that this action does not constitute a major Federal action significantly affecting the quality of the human environment. The WDCP is intended to improve the quality and consistency of wetland delineations reviewed by the Corps, and to expedite decisions regarding these delineations, but will have no effect on the outcome of the jurisdictional determination. Furthermore, appropriate environmental documentation is prepared for all permit decisions on a case-by-case basis.
Executive Order 12866
The Department of the Army has made a preliminary determination that these regulations do not contain a major proposal requiring the preparation of a regulatory analysis under E.O. 12866. The Office of Management and Budget has concurred. In addition, there has been, and will continue to be, substantial interagency coordination on the WDCP to ensure that the interests of other Federal agencies are considered in the finalization of regulations for the WDCP.
The Regulatory Flexibility Act
The Department of the Army, pursuant to Section 605(b) of the Regulatory Flexibility Act of 1980, has made a preliminary determination that these proposed regulations will not have a significant impact on a substantial number of small entities. Implementation of the WDCP has the potential to be labor intensive for the Corps, as was the case during the demonstration projects. While costs to the Corps of administering the program during the early years of the WDCP will likely exceed the savings in reduced manpower needs associated with verifying wetland jurisdictional determinations, we are confident that labor costs will be reduced over the life of the program. These costs were monitored during the demonstration program to assess the effect on budget and manpower allowances, and costs varies among the three participating Districts. Although the WDCP will require the expenditure of a portion of the regulatory budget for several years, we do not intend to assess a fee for certification. WDCP applicants will already have incurred expenses to obtain the necessary training as needed to meet the 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. We have taken steps, however, to minimize labor requirements on Corps districts in the implementation of the final WDCP. For example, field practicums will be standardized and necessary training provided to the districts, thereby eliminating the time-consuming developmental process experienced by the demonstration districts. Although we expect costs associated with nationwide implementation of the WDCP to be higher initially, we are confident that Federal labor costs will be deduced 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 submitted 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.
Note: (1) The terms "district engineer" or "division engineer" should be considered to be interchangeable until decisions are made as to the appropriate level of authority for decisions regarding the WDCP, as set forth in the final regulations.
List of Subjects
33 CFR Part 320
Environmental Protection, Intergovernmental relations, Navigation, Water pollution control, Waterways.
33 CFR Part 325
Administrative practice and procedure, Intergovernmental relations, Environmental protection, Navigation, Water pollution control, Waterways.
33 CFR Part 333
Waterways, Training programs, Consultants, Reporting and record keeping requirements.
Dated: March 3, 1995.
John H. Zirschky, Acting Assistant Secretary of the Army (Civil Works), Department of the Army.